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09-24-2013 (City Council) Agenda Packet Wylie City Council CITY O F WYLIE NOTICE OF MEETING Regular Meeting Agenda September 24, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Proclamation —National Thank a Police Officer Week CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. September 24,2013 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the September 10, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2013. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, Ordinance No. 2013-37, amending Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended (Zoning Case No. 2013-05); repealing Ordinance No. 2002-07, containing 68.11± acres of land (Tract 2) situated in the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas County, Texas, currently zoned Planned Development Single Family Detached District (PD2002-07-SF); amending Wylie's Comprehensive Zoning Ordinance No. 2001-48 containing: (I) 80.178± acres of land (Tract 4) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties, Texas, currently zoned Neighborhood Services District (NS) and agricultural district (AG/30) and (II) 139.135± acres of land (Tract 3) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas And Collin Counties, Texas, currently zoned Agricultural District (AG/30); rezoning Tracts 2, 3 and 4, collectively consisting of 287.423± acres of land, and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013- 37-SF) for a Master Planned Community consisting of varied Density Single Family Dwellings; describing the Tracts to be rezoned; providing for repealing, savings and severability clauses; providing for a penalty for the violation of this Ordinance. (R. 011ie, Planning Director) F. Consider, and act upon, Resolution No. 2013-20(R) approving the Current Investment Policy, providing for Scope of this Policy, providing for Investment Objectives, providing for an Investment Committee, providing for Delegation of Authority, providing Investment Strategies by Pooled Fund Groups, providing for Standard of Care, providing for other Investment Guidelines, providing for Investments Authorized by Public Funds Investment Act and Investments Unauthorized by the City, providing for Portfolio Diversification and Maturity Limits, providing for Selection of Brokers/Dealers, providing for Selection of Depositories, providing for Safekeeping and Custody, providing for Record Keeping and Reporting, providing for Ethics and Conflicts of Interest, providing for Policy Revisions; and making various findings and provisions related to the subject. (L. Rant, Finance Director) September 24,2013 Wylie City Council Regular Meeting Agenda Page 3 of 4 G. Consider, and act upon, Ordinance No. 2013-38 amending Ordinance No. 2007-36 and Article Iv (speed) of Section 110-133 (school zones), of the Wylie Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; removing the school zone for certain street(s); providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (C. Holsted, City Engineer) H. Consider, and act upon, the award of bid # W2013-71-B for Woodbridge Parkway Bridge, Paving and Drainage Construction; to Mario Sinacola & Sons in the amount of $4,414,571.00, and authorizing the City Manager to execute any and all necessary documents. (C. Holsted, City Engineer & G. Hayes, Purchasing Agent) I. Consider, and act upon, acceptance of the resignation of F. Darrell Harris from the Planning and Zoning Commission and the appointment of Randy Owens to Planning and Zoning Commission to the Planning and Zoning Commission to fill the vacancy. (R. 011ie, Planning Director) J. Consider, and act upon, approval of a Preliminary Plat for Jacobs Addition, establishing one commercial lot and open space lot on 3.017 acres, generally located east of Springwell Parkway and south of FM 544. (R. 011ie, Planning Director) REGULAR AGENDA 1. Consider, and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD., Wylie-FB, LTD., and RNH Development Company, for the development of Dominion of Pleasant Valley, a master planned community consisting of varied density single family dwellings. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave.. (R. 011ie, Planning Director) Executive Summary Mr. Ron Haynes, representing the property owners contacted the City in regards to initiating a Development Agreement for a 62.7846±acre tract of land(Tract 1) situated in Wylie's ETJ. 2. Consider, and act upon, approval of the Financial Management Policies. (L. Bantz, Finance Director) Executive Summary The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. 3. Consider, and act upon, Resolution No. 2013-21(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. (R. Corbin, Fire Chief) September 24,2013 Wylie City Council Regular Meeting Agenda Page 4 of 4 Executive Summary After two years of discussions between the Town of Fairview and the City of Wylie, both entities have come to the conclusion it is beneficial for both parties to enter into an Interlocal Agreement for Emergency Dispatch Services. The additional call load in Wylie's dispatch will be less than 800 calls per year, and the benefit to Wylie is the funding of another dispatcher. Wylie will not be answering Fairview's 9-1-1 or administrative phones. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Presentation and discussion of the draft Communications Audit Report and Strategic Recommendations by Cooksey Communications. (E. Hogue, Mayor) RECONVENE INTO REGULAR SESSION ADJOURNMENT 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. CERTIFICATION I certify that this Notice of Meeting was posted on this 20th day of September, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed _9471 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, September 10, 2013 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Executive Director of WEDC, Sam Satterwhite; Library Director, Rachel Orozco; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Battalion Chief Brent Parker led the Pledge of Allegiance. PRESENTATIONS • Proclamation - Childhood Cancer Awareness Month Mayor Hogue presented a proclamation designating the month of September as Childhood Cancer Awareness Month. Childhood cancer survivors and their families were present to accept the proclamation. They included: Joseph and Virginia Kimotho, parents of Zarah Kimotho; Nathan and Whitney Sewell, parents of Sophie Sewell; and, Joshua and Jennifer Haynes, parents of Trenton Haynes. • Recognition of the 25 student participants in the Texas Amateur Athletic Federation Game in Corpus Christi July 25th—28th Twenty five student athletes representing the Mutiny Elite Track and Field Club of Wylie competed in the Texas Amateur Athletic Federation (TAAF) Region 7 held in Corpus Christi July 25 — 28 Minutes September 10, 2013 Wylie City Council Page 1 Mayor Hogue and the Wylie City Council recognized these athletes for their achievements during the event. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Dennis Keck, residing at 1902 Clear Water, Wylie, addressed council concerned with the low voter turnout for municipal elections and lack of communication from the City to its citizens. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the July 23, 2013 Regular Meeting and the July 30, 2013 Special Called Budget Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, HR Manager) C. Consider, and act upon, approval of Ordinance No. 2013-29, amending Section 110-173 (a) (10) (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances; Prohibiting Parking, Stopping or Standing of a Vehicle along the west side of Hilltop Lane from Pirate Drive to Stone Road and along the west side of Birmingham Street from Kirby Street to Williams Street during those times set forth in this Ordinance; Establishing an Offense; Providing for a Penalty for the violation of this Ordinance. (C. Hosted, City Engineer) D. Consider, and act upon, approval of Ordinance No. 2013-30 amending Ordinance No. 2012-27 (2012-2013 budget) and approving an appropriation of funds in the amount of $5,000.00 from the Hotel Tax Fund for funding the Wylie Jubilee Bluegrass on Ballard; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (C. Kelly, PIO) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. Mayor Hogue recessed the Wylie City Council meeting. RECESS CITY COUNCIL Minutes September 10, 2013 Wylie City Council Page 2 CALL TO ORDER THE PARKS & RECREATION 4B BOARD 4B Chair, Mayor Eric Hogue called the Parks & Recreation 4B Board to order at 6:10 p.m. Secretary Ehrlich took roll with the following members present: Chair Eric Hogue, Dan Chestnut (Parks Board), Councilman Rick White, Councilman Nathan Scott, and Councilman Keith Stephens. Board members Coda Hampton and Jeff Harris were absent. 1. Consider, and act upon, approval of the Minutes from the September 11, 2012 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) Staff Comments Board Secretary Ehrlich presented the September 11, 2012 Wylie Parks and Recreation 4B Board minutes for approval. Board Action A motion was made by board member Scott, seconded by board member White to approve the minutes of September 11, 2012 of the Wylie Parks and Recreation Facilities Development Corporation (4B) as presented. A vote was taken and the motion passed 5-0 with board members Hampton and Harris absent. 2. Consider, and act upon, the appointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Vice Chairman from its board members for a term beginning September 10, 2013 and ending December 31, 2014 to fill an unexpired term. (C. Ehrlich, City Secretary) Staff Comments 4B Board Secretary Ehrlich addressed the board stating that currently, Mayor Hogue holds the position of 4B Chair and Anne Hiney served as Vice Chair. In May of 2013 Anne Hiney declined from serving another term on the Parks and Recreation 4B board and therefore a replacement must be appointed to serve out the unexpired term of September 10, 2013 to December 31, 2014. Board Action A motion was made by board member White, seconded by board member Scott to appoint Dan Chestnut as Vice Chairman of Wylie Parks and Recreation Facilities Development Corporation (4B) Board to serve the unexpired term of September 10, 2013 to December 31, 2014. A vote was taken and the motion passed 5-0 with board members Hampton and Harris absent. 3. Consider, and act upon, approval of the FY 2013-2014 4B Budget and authorize expenditures for the FY 2013-2014 Community Services Facilities Capital Improvement Plan. (L. Bantz, Finance Director) Minutes September 10, 2013 Wylie City Council Page 3 Staff Comments Finance Director Bantz addressed the board stating that the Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 1/2 cent sales tax for parks and recreation projects. Each board member had been given a copy of the proposed 2013/14 4B Budget for review and approval. Board Action A motion was made by board member White, seconded by board member Chestnut to approve the FY 2013-2014 4B budget and authorize expenditures for the FY 2013-2014 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 5-0 with board members Harris and Hampton absent. ADJOURN Board Action With no further business before the Wylie Parks and Recreation Facilities Development Corporation (4B) Board, a motion was made by board member White, seconded by board member Scott to adjourn the meeting at 7:10 p.m. A vote was taken and the motion passed 5-0 with board members Harris and Hampton absent. REGULAR AGENDA Mayor Hogue reconvened into the Wylie City Council Regular Session at 6:15 p.m. RECONVENE INTO REGULAR SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA 1. Consider, and act upon, approving the property tax increase reflected in the budget. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the tax rate needed to fund the FY 2013-2014 budget is $0.883900 per $100 of assessed valuation. Although this tax rate represents a decrease of $0.005 (one-half cent) from the tax rate in FY 2012-2013, there will be an increase in tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 26.05 of the Texas Property Tax Code requires the governing body to hold a separate vote to ratify this property tax increase that is reflected in the budget. Councilwoman Culver asked Finance Director Bantz if this item was actually a reduction in the property tax rate. Bantz replied that the property tax rate is proposed to go from $0.8889 to $0.8839 per $100 of assessed valuation which is a reduction in the rate of cent. She noted that the revenues collected from property tax this year are higher than last year due to new residential and commercial property which triggered the requirement to hold two public hearings and pass this action. Minutes September 10, 2013 Wylie City Council Page 4 Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve the tax rate increase reflected in the budget. A vote was taken and the motion passed 7-0. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2013-35 adopting a budget and appropriating resources for Fiscal Year 2013-2014, beginning October 1, 2013, and ending September 30, 2014 (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the tax rate being proposed for Fiscal Year 2013- 2014 is $0.8839 per $100 of assessed valuation. The proposed budget includes all operating and capital funds and includes the budget for the Wylie Economic Development Corporation. Bantz noted the adoption of the FY 2013-2014 tax rate is presented as a separate agenda item. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve Ordinance No. 2013-35 adopting the budget and appropriating resources for Fiscal Year 2013- 2014 beginning October 1, 2013 and ending September 30, 2014. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2013-36 fixing the tax rate and levy for the City of Wylie, Texas, upon all taxable property in the City of Wylie, Texas, for the purpose of paying the current expenses of the city for the fiscal year ending September 30, 2014, and for the further purpose of creating a sinking fund to retire the principal and interest of the bonded indebtedness of the City; providing for a lien on all real and personal property to secure payment of taxes due thereon. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the tax rate being proposed for Fiscal Year 2013- 2014 is $0.8839 per$100 of assessed valuation. The previous year the tax rate was $0.8889 which is a 1/2 cent reduction in the tax rate. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. Bantz noted the adoption of the FY 2013-2014 tax rate is presented as a separate agenda item. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Scott, to adopt Ordinance No. 2013-36 fixing the tax rate and levy for the City of Wylie, Texas, upon all taxable property in the City of Wylie, Texas, for the purpose of paying the current expenses of the City for the fiscal year ending September 30, 2014, and for the further purpose of creating a sinking fund to retire the principal and interest of the bonded indebtedness of the City; providing for a lien on all real and personal property to secure payment of taxes due thereon. I further move that the Minutes September 10, 2013 Wylie City Council Page 5 property tax rate be increased by the adoption of a tax rate of $0.8839 per $100 of assessed valuation which is effectively a 3.36% increase in the tax rate. A vote was taken and the motion passed 7-0. Mayor Hogue moved into work session at 6:50 p.m. WORK SESSION • Discussion regarding the proposed Dominion of Pleasant Valley Development. (Mayor Hogue) Mayor Hogue opened the work session and asked Planning Director 011ie to give some facts about the proposed zoning for the Dominion of Pleasant Valley and generally Wylie's comprehensive zoning. Planning Director 011ie addressed council stating that while straight zoning requires that base standards be met with a selection of desirables, Planned Development Districts allow for innovative standards that exceed the base or in some cases are less than minimum standards. However, PDs are viewed on an overall concept or master plan. 011ie presented a comparable between the City's current straight zoning and the master plan development proposed by the developer of Dominion at Pleasant Valley. 011ie explained staff presented straight zoning of 10,000 s.f. lots with 2,400 s.f. dwelling size versus the added amenities and standards of a Planned Development. In addition the proposed PD exceeds the required parkland dedication in terms of fees and land. 011ie noted, a portion of the properties in this zoning were zoned under previous standards with less desirables. The current Land Use Plan indicates General Urban Sector for the subject tract. This category allows for a live, work and play environment that could include, but is not limited to, light commercial, research and development uses, and some high density within mixed use developments. 011ie noted that in her professional opinion, the additional amenities and increased standards that can be required in a planned development will significantly increase the price point; the use of straight zoning cannot force a developer into a price point. City Engineer Hoisted addressed drainage within the development. He displayed the FEMA map and designated the flood plain in the area. He noted the final new FEMA map would more than likely be much like the map presented. He displayed some current housing in the area that was currently in the flood plain. Hoisted addressed water consumption and availability, stating that each year the City sends population estimates to the North Texas Municipal Water District. Water demands are calculated to show water availability through 2025, based on the estimated population. Councilwoman Culver noted that East Fork Water District had presented at a previous meeting regarding this development and had stated that their plans did show sufficient water for new homes in this area. Hoisted reviewed flood and detention areas upstream of the development. Mayor Hogue asked, Minutes September 10, 2013 Wylie City Council Page 6 with many of the cities detention areas close by, how does the City insure the area doesn't get flooded? Hoisted replied the City would assume the worst case scenario on the flood study and work from that assumption to insure drainage is achieved. RECONVENE INTO REGULAR SESSION OF THE WYLIE CITY COUNCIL PUBLIC HEARING 4. Hold a Public Hearing and consider, and act upon, amending the zoning from Neighborhood Services (NS),Agricultural District (AG/30), and Planned Development 2002-07 to Planned Development-Single Family District (PD-SF) for a master planned community consisting of varied density single family dwellings on 292.515 acres. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave. ZC 2013-05 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent zoning on approximately 292 acres. There are three separate tracts of land included in this request. Tract 2 is approximately 68 acres and is currently zoned Planned Development 2002-07, Tract 3 is approximately 139 acres, and Tract 4 is approximately 80 acres in size. Ron Haynes, developer, addressed council stating that he had proposed a quality master planned development for consideration by the council. Haynes stated that it was his intent to build a quality master planned development that would be in the top half of new home sales in Wylie starting at a price point of $250,000 and up. Open areas, gazebos, pools, walking trails, and small parks will be part of this development, owned by the City and maintained by the HOA. These amenities are worth $3.2 million not including land costs. He noted that if this proposal or a similar proposal were denied, developers could come in and apply for straight zoning which could split the four parcels, making it extremely hard to develop the property. He noted that all four land owners were currently under contract to sell under this master planned development. Mayor Hogue asked if trees in the development would be preserved. Planning Director 011ie stated that she and Mr. Haynes would insure that all large trees would be preserved. Councilwoman Culver stated that it was important to remember that this development was approved previously by this council; it is only back on a technicality on the City's part. She stated "since the first presentation and ultimate approval by council, the proposal has been improved and therefore, in my personal opinion this item should be approved by council." Councilwoman Culver explained that currently an average home in Wylie is valued at $150,000; which is $100,000 shy of the break even for minimum standards of city services ($250,000 breakeven). This increases property tax rates in order to make up the difference in home value (property tax)to cost for City service rendered. She explained this proposal would close that gap. Public Hearing Mayor Hogue opened the public hearing on Zoning Case No. 2013-05 at 7:50 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes for individuals and six minutes for those speaking on behalf of others. Mary Ann Nall and Cindy Conoly, residents of Wylie, and Jay Wooldridge, Chris Lander, Larry Minutes September 10, 2013 Wylie City Council Page 7 Rubbini and Shay Bruner Nicoud, non-residents of Wylie, all spoke in favor of the proposed zoning case. Jon Chumbley and Dennis Larson, both residents of Wylie, spoke against the proposed zoning case. Nancy Hansen, Charles Penot (speaking for Ernest Castillo), Rebecca Sanoja, Alexis Tapp, Gerry Jones, Marty Williams, Sandra Ritzmann, Cara Hervey, Cliff Martin, Linda Knight, Pat Martin, Jan Anderson, Janice Frank, and Steven Montgomery, all non-residents of Wylie, spoke against the proposed zoning case. Mayor Hogue closed the public hearing at 9:25 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to amend the zoning from Neighborhood Services (NS), Agricultural District (AG/30), and Planned Development 2002-07 to Planned Development-Single Family District (PD-SF) for a master planned community consisting of varied density single family swellings on 292.515 acres. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Avenue. Zoning Case #2013-05. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tem White, Councilwoman Culver, Councilman Scott, Councilman Wintters and Councilman Stephens voting for and Councilman Jones voting against. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2013-34, 2013-35, and 2013- 36 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 8:32 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 10, 2013 Wylie City Council Page 8 { \\: Wylie City Council I� a4 7 AGENDA REPORT •1S87- Meeting Date: September 24, 2013 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: September 16, 2013 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2013. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,606,880 377,355 16,825,754 95.56% A FRANCHISE FEES 2,421,700 218,089 2,132,690 88.07% LICENSES AND PERMITS 442,000 36,316 516,970 116.96% INTERGOVERNMENTAL REV. 697,453 91,262 614,883 88.16% SERVICE FEES 2,805,000 288,362 2,576,549 91.86% FINES AND FORFEITURES 307,000 20,122 250,255 81.52% INTEREST INCOME 14,000 453 12,187 87.05% MISCELLANEOUS INCOME 340,556 4,665 197,286 57.93% OTHER FINANCING SOURCES 1,772,297 83,289 1,857,614 104.81% REVENUES 26,406,886 1,119,913 24,984,188 94.61% USE OF FUND BALANCE 896,040 NA NA NA B USE OF ROLLOVER STREET FUNDS 150,000 NA NA NA TOTAL REVENUES 27,452,926 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 89,411 6,945 65,194 72.91% CITY MANAGER 719,429 51,455 641,130 89.12% CITY SECRETARY 257,249 17,789 213,931 83.16% CITY ATTORNEY 128,000 0 80,943 63.24% FINANCE 929,738 58,167 838,789 90.22% FACILITIES 539,984 40,911 426,210 78.93% MUNICIPAL COURT 273,791 19,620 224,989 82.18% HUMAN RESOURCES 207,214 16,053 187,094 90.29% PURCHASING 92,242 6,874 80,594 87.37% INFORMATION TECHNOLOGY 938,242 49,897 667,677 71.16% POLICE 6,151,860 506,566 5,512,673 89.61% FIRE 5,959,172 437,263 5,258,817 88.25% EMERGENCY COMMUNICATIONS 1,096,647 104,050 901,719 82.23% ANIMAL CONTROL 350,393 30,635 312,436 89.17% PLANNING 483,794 35,484 419,129 86.63% BUILDING INSPECTION 527,107 29,238 417,086 79.13% CODE ENFORCEMENT 258,624 14,997 189,765 73.38% STREETS 1,717,110 688,464 1,612,315 93.90% PARKS 1,755,197 232,665 1,502,021 85.58% LIBRARY 1,508,640 105,973 1,327,378 87.99% COMBINED SERVICES 3,672,498 316,895 2,754,985 75.02% TOTAL EXPENDITURES 27,656,342 2,769,943 23,634,876 85.46% REVENUES OVER/(UNDER)EXPENDITURES -203,416 -1,650,030 1,349,311 9.15% A.Property Tax Collections for FY12-13 as of August 31 are 99.65%,in comparison to FY11-12 for the same time period 100.79%. B. Use of Fund Balance:For Replacement/New Fleet and Equipment. CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,365,000 1,333,787 10,083,315 75.45% C INTEREST INCOME 10,000 279 7,321 73.21% MISCELLANEOUS INCOME 40,000 3,772 103,624 259.06% OTHER FINANCING SOURCES 0 0 3,126 0.00% TOTAL REVENUES 13,415,000 1,337,838 10,197,387 76.01% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 293,038 16,933 249,683 85.20% UTILITIES-WATER 1,599,399 94,888 1,307,681 81.76% CITY ENGINEER 444,882 38,448 390,506 87.78% UTILITIES-SEWER 908,049 39,360 664,958 73.23% UTILITY BILLING 356,736 23,903 260,999 73.16% COMBINED SERVICES 9,880,927 593,943 9,029,545 91.38% TOTAL EXPENDITURES 13,483,031 807,475 11,903,372 88.28% REVENUES OVER/(UNDER)EXPENDITURES -68,031 530,363 -1,705,985 -12.27% C.Most Utility Fund Revenue billed in October are applicable to FY 2011-12. `A Wylie City Council a =„ AGENDA REPORT Meeting Date: September 24, 2013 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: September 16, 2013 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2013. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for August 31, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 City Of Wylie 2012-2013 Investment Report August 31, 2013 Money Market Accounts: _ MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $31,522,442.66 MMA 0.0437% Texpool 12/31/2006 NA 2 $15,039,561.94 MMA 0.0474% TexStar 3/15/2011 NA $46,562,004.60 Total Weighted Average Coupon: 0.04% Money Markets: $46,562,004.60 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $46,562,004.60 (/' Wylie City Council l. .� Z. AGENDA REPORT •iss7• ' -aTF ak riTM.s Meeting Date: September 24, 2013 Item Number: D (City Secretary's Use Only) Department: WEDC Prepared By: Gerry Harris Account Code: Date Prepared: September 13,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2013. Recommendation Motion to approve the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2013. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on September 20, 2013. Page 1 of 1 9 -17 -2013 11.32 AM CITY OF WYLIE BALANCE SHEET AS OF: AUGUST 31ST, 2013 111 -WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS FEDERAL INCOME TAX PAYABLE 0.00 1000- 10110 CLAIM ON CASH AND CASH EUUIV. 1,706,744.78 1000 -10115 CASH - WEDC - INWOOD 0.00 1000 -10135 INWOOD BANK - ESCROW 0.00 1000 -10180 DEPOSITS 2,000.00 1000 -10198 OTHER - MISC CLEARING 0.00 1000 -10341 TEXPOOL 0.00 1000 - 10343 LOGIC 0.00 1000 -10461 INTEREST RECEIVABLE 0.00 1000- 11511 ACCTS RF.0 - MISC 0.00 1000 -11517 ACCTS REC - SALES TAX 0.00 1000 - 12810 LEASE PAYMENTS RECEIVABLE 5,671,618.38 1000 -12995 LOAN RECEIVABLE 87,963.07 1.000-12997 ACCTS REC - JTM TECH 0.00 1000 -12998 ACCTS REC - SAVAGE 180,618.44 1000 -14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000 -14116 INVENTORY - LAND 6 BUILDINGS 2,624,298.40 1000 -14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000 -14310 PREPAID EXPENSES - MISC 0.00 1000 - 1441.0 DEFERRED CHARGES 519,554.00 10,992,797.07 TOTAL ASSETS LIABILITIES 2.000- 20110 FEDERAL INCOME TAX PAYABLE 0.00 2000 - 20111. MEDICARE PAYABLE 0.04 2000 -20112 CHILD SUPPORT PAYABLE 0.00 2000 -20113 CREDIT UNION PAYABLE 0.00 2000 -20114 IRS LEVY PAYABLE 0.00 2000 -20115 NATIONWIDE DEFERRED COMP 0.00 2000 -20116 HEALTH INSUR PAY - EMPLOYEE [ 305.21.) 2000 -20117 TMRS PAYABLE 0.00 2000 - 20118 ROTH IRA PAYABLE 0.00 2000 -20119 WORKERS COMP PAYABLE 0.00 2000 -20120 FICA PAYABLE 0.00 2000 -20121 TEC PAYABLE 0.00 2000 -20122 STUDENT LOAN LEVY PAYABLE 0.00 2000 -20123 ALIMONY PAYABLE 0.00 2000 -20124 BANKRUPTCY PAYABLE 0.00 2000 -20125 VALIC DEFERRED COMP 0.00 2000 -20126 ICHA PAYABLE 0.00 2000- -20127 EMP. LEGAL SERVICES PAYABLE 0.00 2000 -20130 FLEXIBLE SPENDING ACCOUNT 4,799.92 2000 -20132 EMP CARE FLITE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000 - 20180 ADDIT EMPLOYEE INSUR PAY 0.00 2000 -20199 MISC PAYROLL PAYABLE 0.00 2000 -20201 AP PENDING 2,883.58 2000 -20210 ACCOUNTS PAYABLE 134,373.43 PAGE., 1 10,992,797.07 9-17-2013 11:32 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: AUGUST 31ST, 2013 111-WYLIE ECONOMIC DEVEL CORP ACCOUNTI TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 519,554.00 2000-20610 DUE TO GENERAL FUND 0.00 2000-22270 ➢EFERRED REVENUE 169,664.31 2000-22275 DEFERRED REV - LEASE PRINCIPAL 5,455,701.03 2000-22280 DEFERRED REVENUE - LEASE INT 215,914.15 2000-22915 RENTAL DEPOSITS 2,650.00 TOTAL LIABILITIES 6,505,435.21 EQUITY 3000-34110 FUND BALANCE - RESERVED 441,944.04 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,634,651.42 TOTAL BEGINNING EQUITY 4,076,595.46 TOTAL REVENUE 2,437,723.24 TOTAL EXPENSES 2,026,956.64 REVENUE OVER/(UNDER] EXPENSES 410,766.40 TOTAL EQUITY 6 OVER/(UNDER) 4,487,361.8E TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 10,992,797.07 9-17-2013 11:32 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: AUGUST 31ST, 2013 922-GEN LONG TERM DEBT (WEDC) ACCOUNT] TITLE ASSETS 1000-1.0312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEOC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGH.AM LOAN 0.00 0.00 TOTAL ASSETS 0-00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 9,756.61 2000-20311 COMP ABSENCES PAYABLE-CURRENT 38,727.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 21.655.00 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28234 ANB LOAN - RANDACK/HUGHES 465,090.32 2000-28235 ANB LOAN 21)0,198.23 2000-28236 ANB CONSTRUCTION LOAN 4,414,358.68 2000-2824D HUGHES LOAN 0.00 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME NUTS LOAN 0.00 2000-28270 HOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 5,150,385.84 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,130,700.881 TOTAL BEGINNING EQUITY ( 5,138,700.891 TOTAL REVENUE ( 549,241..14) TOTAL EXPENSES ( 537,556.19) REVENUE OVER/(UNDER] EXPENSES ( 11,684.95) TOTAL EQUITY 8 OVER/(UNDER) { 5,150,385.84) TOTAL LIABILITIES, EQUITY 4 OVER/IUIIDER) 0.00 9-11-2013 11:32 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OP: AUGUST 31.ST, 2013 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,743,989.00 180,280.44 0.00 1,378,409.05 0.00 365,579.95 79.04 INTEREST INCOME 120,462.00 3,821.13 0.00 46,205.79 0.00 74,256.21 38.36 MISCELLANEOUS INCOME 100,800.00 10,250.00 0.00 91,202.87 0.00 9,517.13 90.56 OTHER FINANCING SOURCES 918,657.00 34,060.86 0.00 921,825.53 0.00 ( 3,168.53) 100.34 TOTAL REVENUES 2,883.9118.00 228,412.43 0.00 2,437,723.24 0.00 446,184.76 84.53 EXPENDITURE SUMMARY DEVELOPMENT CORD-(4EDC 3,469,942.00 241,247.70 1.194.19 2,026,956.84 2,259.04 1,440,726.12 58.48 TOTAL EXPENDITURES 3,469,942.00 241,247.70 ( 1.194./9) 2,026,956.84 2,259.04 1,440,726.12 58.48 REVENUE OVER/(UNDER) EXPENDITURES ( 586,034.001 ( 12,835.27)( 1,194.19) 410,766.40 f 2,259.041 ( 994,541.36) 69.71- a 9-17-2013 11:32 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2013 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-40210 SALES TAX 1,743,989.00 180,280.44 0.00 1,378,409.05 0.00 365,579.95 79.04 TOTAL TAXES 1,743,989.00 180,280.44 0.00 1,378,409.05 0.00 365,579.95 79.04 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 2,000.00 56.83 0.00 1,159.21 0.00 840.79 57.96 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46150 INTEREST EARNINGS 118,462.00 3,138.80 0.00 39,509.65 0.00 78,952.35 33.35 4000-46160 LOAN REPAYMENT (PRINCIPAL) 0.00 625.50 0.00 5,536.93 0.00 ( 5,536.93) 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 _ 0.00 0.00 0.00 TOTAL INTEREST INCOME 120,462.00 3,821.13 0.00 46,205.79 0.00 74,256.21 38.36 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 98,400.00 10,250.00 0.00 89,550.00 0.00 8,850.00 91.01 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400.00 0.00 0.00 1,732.87 0.00 667.13 72.20 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 100,800.00 10,250.00 0.00 91,282.87 0.00 9,517.13 90.56 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 548,935.00 0.00 0.00 548,935.00 0.00 0.00 100.00 4000-49550 LEASE PRINCIPAL PAYMENTS. (0 369,722.00 34,060.86 0.00 372,890.53 0.00 ( 3,168.53). 100.86 TOTAL OTHER FINANCING SOURCES 918,657.00 34,060.86 0.00 921,825.53 0.00 ( 3,168.53) 100.34 TOTAL REVENUES 2,883,906.00 228,412.43 0.00 2,437,723.24 0.00 446,184.76 84.53 14 9-17-2013 11:32 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,809.00 13,446.86 0.00 154,638.89 0.00 20,170.11 88.46 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,253.00 0.00 0.00 1,156.00 0.00 97.00 92.26 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.76 0.00 10,013.97 0.00 1,306.03 88.46 5611-51220 PHONE ALLOWANCE 3,924.00 0.00 0.00 4,227.09 0.00 ( 303.09) 107.72 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 22,649.00 1,881.34 0.00 22,291.23 0.00 357.77 98.42 5611-51410 HOSPITAL & LIFE INSURANCE 31,349.00 1,936.73 0.00 23,195.48 0.00 8,153.52 73.99 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 603.00 38.22 0.00 458.64 0.00 144.36 76.06 5611-51440 FICA 10,991.00 853.46 0.00 8,049.17 0.00 2,941.83 73.23 5611-51450 MEDICARE 2,571.00 199.60 0.00 2,410.84 0.00 160.16 93.77 5611-51470 WORKERS COMP PREMIUM 566.00 0.00 0.00 416.36 0.00 149.64 73.56 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 18.00 0.00 522.00 3.33 TOTAL PERSONNEL SERVICES 260,575.00 19,226.99 0.00 226,875.67 0.00 33,699.33 87.07 SUPPLIES 5611-52010 OFFICE SUPPLIES 13,750.00 303.15 0.00 10,868.96 0.00 2,881.04 79.05 5611-52040 POSTAGE & FREIGHT 980.00 24.00 0.00 117.11 0.00 862.89 11.95 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 520.57 0.00 3,285.69 240.00 1,474.31 70.51 5611-52990 OTHER 5,000.00 0.00 - 0.00 4,389.98 0.00 _ 610.02 87.80 TOTAL SUPPLIES 24,730.00 847.72 0.00 18,661.74 240.00 5,828.26 76.43 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 300.00 0.00 1,634.12 0.00 1,365.88 54.47 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 300.00 0.00 1,634.12 0.00 1,365.88 54.47 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,289,347.00 151,812.24 0.00 817,776.76 0.00 471,570.24 63.43 5611-56040 SPECIAL SERVICES 59,320.00 1,046.50 0.00 27,863.64 157.50 31,298.86 47.24 5611-56080 ADVERTISING 43,474.00 3,495.00 0.00 34,567.00 620.00 8,287.00 80.94 5611-56090 COMMUNITY DEVELOPMENT 41,750.00 1,106.99 0.00 38,895.47 0.00 2,854.53 93.16 5611-56110 COMMUNICATIONS 4,260.00 348.45 0.00 3,697.91 125.08 437.01 89.74 5611-56180 RENTAL 23,000.00 1,850.00 0.00 21,617.82 0.00 1,382.18 93.99 5611-56210 TRAVEL & TRAINING 31,895.00 217.48 0.00 13,109.41 1,069.11 17,716.48 44.45 5611-56250 DUES & SUBSCRIPTIONS 9,088.00 0.00 0.00 8,008.00 0.00 1,080.00 88.12 5611-56310 INSURANCE 1,803.00 0.00 0.00 303.00 0.00 1,500.00 16.81 5611-56510 AUDIT & LEGAL SERVICES 22,750.00 300.00 0.00 14,482.21 0.00 8,267.79 63.66 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0.00 0.00 3,150.00 0.00. 16,850.00 15.75 5611-56610 UTILITIES-ELECTRIC 3,500.00 231.10 0.00 1,800.36 47.35 1,652.29 52.79 TOTAL CONTRACTUAL SERVICES 1,550,187.00 160,407.76 0.00 985,271.58 2,019.04 562,896.38 63.69 9-17-2013 11:32 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED} AS OF: AUGUST 3IST, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611.57110 DEBT SERVICE 884,950.00 55,136.33 0.00 781,462.33 0.00 103,487.67 88.31 5611-57710 BAD DEBT EXPENSE D.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 6 CAP. REPL 884,950.00 55,136.33 0.00 781,462.33 0.00 103,487.67 88.31 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 695,000.00 5,000.00 0.00 405,334.00 0.00 289,666.00 58.32 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS a ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 5611-58410 SANITARY 'SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 3,500.00 328.90 0.00 3,051.40 0.00 448.60 87.18 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 400,334.00) 0.00 400,334.00 0.00 TOTAL CAPITAL OUTLAY 741,500.00 5,328.90 0.00 8.051.40 0.00 733,448.60 1.09 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 1.00.00 5611-59190 TRANSFER TO TLIORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-5999❑ PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 TOTAI. DEVELOPMENT CORP-WEDC 3,469,942.00 241,247.70 0.00 2,026,956.84 2,259.04 1,440,726.12 58.48 TOTAL EXPENDITURES 3,469,942.00 241,247.70 0.00 2,026,956.84 2,259.04 1,440,726.12 58.48 REVENUE OVER (UNDER) EXPENDITURES ( 586,034.001 ( 12,835.21) 0.00 410,766.40 ( 2,259.04) ( 994,541.36) 69.71- ", END OF REPORT * Wylie Economic Development Corporation Balance Sheet Sub ledger August 31, 2013 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance August 1, 2013 $5,129,961.06 ANBTX MARTINEZ(#34 0f60) 10/28/10 $8,200.66 $214,235.19 $7,659.55 $541.11 2.95 206,575.64 ANBTX ACE(#25 of 180) 8/1/11 36,828.67 4,433,730.06 19,464.41 17,364.26 4.55 4,414,265.65 ANBTX HUGHES/RANDACK(#9 OF 60) 10/23/12 10,107.00 481,995.81 8,454.71 1,652.29 3.99 473,541.10 August 31, 2013 $35,578.67 $19,557.66 $5,094,382.39 Note: Principal and Interest payments vary by date of payment. The WEDC entered into a $1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway. Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly. Wylie Economic Development Corporation Inventory Subledger August 31, 2013 Inventory -Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr 1.089 400,000 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O W 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza-ACE 8/26/05 Martinez Lane 22.44 96,000 -639,000.00 Sale to Savage 5/28/08 a -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 30.48 976,808 129,755 2,824,298.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was $306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should ACE lease to term and not execute purchase option, WEDC is liable to reimburse ACE for Holland property purchase ($112,500). WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF SEPTEMBER 2013 MONTH WEDC WEDC WEDC DIFF % DIFF 2011 2012 2013 12 VS 13 12 VS 13 DECEMBER $103,687 $112,676 $148,500 $35,824 31.79% JANUARY 100,999 118,175 117,904 -271 -0.23% FEBRUARY 158,204 171,759 187,682 15,923 9.27% MARCH 104,670 113,571 139,745 26,175 23.05% APRIL 98,463 115,114 121,594 6,480 5.63% MAY 158,379 154,424 192,612 38,188 24.73% JUNE 116,832 119,326 141,328 22,002 18.44% JULY 119,527 125,555 148,763 23,208 18.48% AUGUST 157,310 155,875 180,280 24,406 15.66% SEPTEMBER 123,153 123,863 144,572 20,708 16.72% OCTOBER 118,827 122,650 NOVEMBER 163,346 172,141 Sub-Total $1,523,400 $1,605,130 $1,522,981 $212,643 16.23% AUDIT ADJ TOTAL $1,523,400 $1,605,130 $1,522,981 $212,643 16.23% WEDC SALES TAX ANALYSIS $250,000 - $200,000 ::::: n 02012 ' ' 102013 $50,000 I--I 1 I 11 - $0 a) L' Z' ` - N a3 ?' o a) N N E 2 2 f9 Q O) E 0dE a) N . 2 Q a) U a) a) -) LL 0. 0 8 a fn z : Wylie City Council AGENDA REPORT •18 . - S7aTF a'riT,.s Meeting Date: September 24,2013 Item Number: E (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: September 13,2013 Budgeted Amount: Exhibits: 10 Subject Consider, and act upon, Ordinance No. 2013-37, amending Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended(Zoning Case No. 2013-05); repealing Ordinance No. 2002-07, containing 68.11±acres of land (Tract 2) situated in the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas County, Texas, currently zoned Planned Development Single Family Detached District (PD2002-07-SF); amending Wylie's Comprehensive Zoning Ordinance No. 2001-48 containing: (I) 80.178± acres of land (Tract 4) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties, Texas, currently zoned Neighborhood Services District (NS) and agricultural district (AG/30) and (II) 139.135+ acres of land (Tract 3) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas And Collin Counties, Texas, currently zoned Agricultural District (AG/30); rezoning Tracts 2, 3 and 4, collectively consisting of 287.423± acres of land, and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013-37-SF) for a Master Planned Community consisting of varied Density Single Family Dwellings; describing the Tracts to be rezoned; providing for repealing, savings and severability clauses; providing for a penalty for the violation of this Ordinance. Recommendation Motion to approve Ordinance No. 2013-37, amending Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended (Zoning Case No. 2013-05); repealing Ordinance No. 2002-07, containing 68.11+ acres of land (Tract 2) situated in the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas County, Texas, currently zoned Planned Development Single Family Detached District (PD2002-07-SF); amending Wylie's Comprehensive Zoning Ordinance No. 2001-48 containing: (I) 80.178± acres of land (Tract 4) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties, Texas, currently zoned Neighborhood Services District (NS) and agricultural district (AG/30) and (II) 139.135± acres of land (Tract 3) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas And Collin Counties, Texas, currently zoned Agricultural District (AG/30); rezoning Tracts 2, 3 and 4, collectively consisting of 287.423± acres of land, and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013-37-SF) for a Master Planned Community consisting of varied Density Single Family Dwellings; describing the Tracts to be rezoned; providing for repealing, savings and severability clauses. Page 1 of 2 Page 2 of 2 Discussion Owner: Groves Farm, LTD.; Wylie—FB, LTD.; Southwest Medical Foundation Applicant: JBI Partners, Inc. Zoning Case 2013-05 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Exhibits A, B, C, D, E, & F; Attachments 1, 2, & 3 are included and made a part of this Ordinance. Exhibit B establishes the design guidelines including,but not limited to lot mix: - 10% Type A lots being 8,400 s.f., no more than 50% between 2,500 and 3,000 s.f. and 50% must be greater than 3,000 s.£ - A maximum of 450 lots shall be Type C being 6,000 s.f., no more than 50% of the dwellings shall be between 2,000 s.f. and 2,400 s.f., and 50% shall be greater than 2,400 s.f. - Remaining lots shall be Type B being 7,200 s.f., no more than 50% between 2,250 and 2,750 s.f., and 50%must be greater than 2,750 s.£ - PD Conditions require that the amenities be installed prior to the issuance of a Certificate of Occupancy for any residential dwelling unit as each phase is developed. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. ORDINANCE NO. 2013-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001-48, AS AMENDED (ZONING CASE NO. 2013-05); REPEALING ORDINANCE NO. 2002-07, CONTAINING 68.11± ACRES OF LAND (TRACT 2) SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, IN THE CITY OF WYLIE, DALLAS COUNTY, TEXAS, CURRENTLY ZONED PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT (PD2002-07-SF); AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001-48 CONTAINING: (I) 80.178± ACRES OF LAND (TRACT 4) SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1100 AND THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, IN THE CITY OF WYLIE, DALLAS AND COLLIN COUNTIES, TEXAS, CURRENTLY ZONED NEIGHBORHOOD SERVICES DISTRICT (NS) AND AGRICULTURAL DISTRICT (AG/30) AND (II) 139.135±ACRES OF LAND (TRACT 3) SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1100 AND THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, IN THE CITY OF WYLIE, DALLAS AND COLLIN COUNTIES, TEXAS, CURRENTLY ZONED AGRICULTURAL DISTRICT (AG/30); REZONING TRACTS 2, 3 AND 4, COLLECTIVELY CONSISTING OF 287.423± ACRES OF LAND, AND PLACING THE SAME IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT (PD2013-37-SF) FOR A MASTER PLANNED COMMUNITY CONSISTING OF VARIED DENSITY SINGLE FAMILY DWELLINGS; DESCRIBING THE TRACTS TO BE REZONED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas' ("Wylie") Comprehensive Zoning Ordinance No. 2001-48, as amended, should be amended and that Ordinance No. 2002-07 should be repealed in its entirety(Zoning Case No. 2013-05) as set forth herein; and WHEREAS, pursuant to a notice being duly posted according to law, the City Council conducted a public hearing wherein a request was made by JBI Partners, Inc. ("Applicant") to rezone the following Property (hereinafter defined) containing: (i) 68.11± acres of land (Tract 2) situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas County, Texas, currently zoned Planned Development Single Family Detached District (PD2002-07-SF)pursuant to Ordinance No. 2002-07; (ii) 80.178±acres of land(Tract 4) situated in the Guadalupe De Los Santos Survey, Abstract No. 1100 and the Guadalupe De Los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties, Texas, currently zoned Neighborhood Services District (NS) and Agricultural District (AG/30; and (iii) 139.135± acres of land (Tract 3) situated in the Guadalupe De Los Santos Survey, Abstract No. 1100 and ORDINANCE No.2013-37(PD2O13-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 1 OF 19 630969.1 the Guadalupe De Los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties, Texas, currently zoned Agricultural District (AG/30) pursuant to Wylie's Comprehensive Zoning Ordinance No. 2001-48, with Tracts 2, 3 and 4 (containing 287.423± acres of land) being collectively referred to herein as "Property", and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013-37-SF) for a master planned community consisting of varied density single family, said Property, as a whole, and the boundaries being more particularly described in and depicted on Exhibit "A"and Exhibit "A-1", respectively, attached hereto and incorporated herein for all purposes; and WHEREAS, the City Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, repeal Ordinance No. 2002-07 and rezone the Property as set forth below. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repealing Ordinance No. 2002-07. Ordinance No. 2002-007 is repealed in its entirety and replace by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2002-07 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2002-007 occurring before the effective date of this Ordinance. SECTION 3: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48. Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, is hereby amended as follows: The zoning designation of the Property, and all streets, roads and alleyways contiguous and/or adjacent thereto, are hereby rezoned as Planned Development Single Family Detached District (PD2013-37-SF). The development standards and uses for this Planned Development District shall conform to the Planned Development Standards set forth in Exhibit `B"; the Concept Plan set forth in Exhibit "C"; the Open Space Plan set forth in Exhibit "D"; the Conceptual Perimeter Treatment set forth in Exhibit "E"; and the Paving and Right-of-Way Dimensions set forth in Exhibit "F". Exhibits "B"throujih "F" are attached hereto and incorporated herein for all purposes. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, codes and regulations of Wylie, as they exist, may be amended or in the future arising. ORDINANCE No.2013-37(PD2O13-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 2 OF 19 630969.1 SECTION 4: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the City Council in the manner provided for by law. SECTION 5: Unlawful Use of Premises. It shall be unlawful for any person, firm, entity or corporation to make use said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm, entity or corporation to construct on said premises any building that is not in conformity with the permissible uses under this zoning Ordinance. SECTION 6: Savings/Repealing Clause. Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Penalty. Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as they exist or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined in a sum not exceeding Two Thousand and No/100 Dollars ($2,000.00). Each continuing day's violation 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 9: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by Wylie's City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of September, 2013. ERIC HOGUE, Mayor ORDINANCE No.2013-37(PD2O13-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 3 OF 19 630969.1 ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE(S) OF PUBLICATION: ,in the . ORDINANCE No.2013-37(PD2O13-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 4 OF 19 630969.1 EXHIBIT "A" (Legal Description of Property) A tract of land situated in the County of Dallas,State of Texas,being Out of the GUADALUPE DE LOS SANTOS SURVEY,ABSTRACT NO,1384,and being parts of Lots No. 1 and 2 of the partition of the Estate of Josiah Stone among his children,and being a part of a 154.31 acre tract conveyed by Vema Stone et al.to B.B.Owen and H A Wake by deed dated July 20,1960,recorded in Volume 5386, page 242,of the Deed Records of Dallas County,Texas(the'154.31 acre tract"),and a part of a 1.01 acre trace conveyed by Bennie Joe Harvey to B.B.Owen and H.A.Walker by d: d dated July 20,1960,recorded in Volume 5386,page 266,Deed Records of Dallas County, Texas(the`1.01 acre tract),and being more particularly described as follows: BEGINNING al an iron stake set on the Northwest R,O,W.line of Pleasant Valley Road at the intersection of said Northwest R.O,W,line of said road with the Northeast line of said 154.31 acre tract;said point being the North corner of a 3.83 acre tract conveyed to the County of Dallas for road R,O.W.by deed dated February 20,1959,recorded in Volume 69050,page 0907,Deed Record!,of Dallas County,Teas; THENCE Southwesterly with the new Northwest R,O.W.line of Pleasant Valley Road as follows' 1. South 45 deg.50 min,Welt 781.11 feet, 2. South 43 deg.33 min,West,1100,58 feet; 3, South 45 deg.39 min,West,62.30 feet to iron stake set in said R.O.W.line,for corner; THENCE North 45 deg.49 min.34 sec.West across said 154,31 acre tract, 1540.58 feet to an iron stake set in old fence line and In the Northwest line of said 154,31 acre track,for comer, THENCE North 44 deg.53 min.East with old fence line and said Northwest line of said 154.31 acre tract,1944.00 feel to iron stake set at base of comer post.for corner,said corner being the North corner of said 154.31 acre tract: THENCE South 45 deg.49 min.East with old feriae line and the Northeast line of said 154.31 acre tract,1528,76 feet to the Pilot fly. Beginning,and containing approxlrnately 68.11 acres of land. ORDINANCE No.2013-37(PD2013-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 5 OF 19 630969.1 BEING a parcel of land located in the City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of that remainder of parcels of land described as First and Second Tract in deed to Groves Farms Ltd as recorded in Volume 5317, Page 5455, Official Public Records of Collin County, Texas and in Volume 2002250, Page 5070, Official Public Records of Dallas County Texas, and being further described as follows: BEGINNING at a "PK Nail" set at the east corner of said First Tract, said point being in the approximate centerline of Pleasant Valley Road (a variable width right-of-way), said point also being the north corner of a parcel of land described in deed to Michael and Dawn Strong as recorded in Volume 4512, Page 2110, Official Public Records of Collin County Texas; THENCE South 44 degrees 50 minutes 19 seconds West, 6607.22 feet along the southeast line of said First Tract to a one-half inch iron rod set for corner, said point being the east corner of a parcel of land described as Tract No. 2 in deed to The Ardis Family Trust as recorded in Volume 2002185, Page 4649, Official Public Records of Dallas County Texas, said point also being the west corner of a parcel of land described in deed as Tract IV to Dallas County as recorded in Volume 97014, Page 2128, Official Public Records of Dallas County Texas, said point also being the north corner of a parcel of land described in deed to Kenneth Zachary as recorded in Volume 2003124, Page 1806, Official Public Records of Dallas County Texas; THENCE along the northeast line of said Ardis Family Trust tract as follows: North 37 degrees 59 minutes 42 seconds West, 99.48 feet to a one-half inch iron rod set for corner; North 08 degrees 17 minutes 42 seconds West, 187.81 feet to a one-half inch iron rod set for corner; North 13 degrees 51 minutes 18 seconds East, 132.60 feet to a one-half inch iron rod set for corner; North 11 degrees 18 minutes 42 seconds West, 47.80 feet to a one-half inch iron rod set for corner; North 33 degrees 08 minutes 42 seconds West, 204.37 feet to a one-half inch iron rod set for corner; North 31 degrees 22 minutes 18 seconds East, 65.70 feet to a one-half inch iron rod set for corner; North 07 degrees 23 minutes 18 seconds East, 131.90 feet to a one-half inch iron rod set for corner; North 14 degrees 36 minutes 42 seconds West, 176.00 feet to a one-half inch iron rod set at the north corner of said Ardis Family Trust Tract, said point being in the northwest line of said First Tract, said point also being in the southeast line of a parcel of land described in deed to Maria Martinez as recorded in Volume 83203, Page 2529, Official Public Records of Dallas County Texas; THENCE North 44 degrees 55 minutes 26 seconds East, 1923.49 feet along the northwest line of said First Tract to a wood post found for corner, said point being the south corner of said Second Tract, said point also being the east corner of a parcel of land described in deed to Larry Martinez as recorded in Volume 83203, Page 2560, Official Public Records of Dallas County Texas; ORDINANCE No.2013-37(PD2O13-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 6 OF 19 630969.1 THENCE North 45 degrees 03 minutes 14 seconds West, 254.14 feet along the northeast line of said Martinez tract to a fence post found at the west corner of said Second Tract; THENCE along the northwest line of said Second Tract as follows: North 44 degrees 31 minutes 39 seconds East, 649.98 feet to a concrete monument found for corner, said point being the south corner of a parcel of land described in deeds to Wylie-FB, Ltd. as recorded in Volume 5849, Page 1774, Volume 5849, Page 1776, Volume 5849, Page 1778, Volume 5849, Page 1780, Official Public Records of Collin County Texas, and in Volume 2005024, Page 6359, Official Public Records of Dallas County Texas, said point also being the east corner of a parcel of land described in deed to Michael Fasang as recorded in Volume 2004141, Page 9931, Official Public Records of Dallas County Texas; North 44 degrees 25 minutes 51 seconds East, 2720.61 feet along the southeast line of said Wylie-FB parcel to a five-eighths inch iron rod found for corner, from which point bears North 44 degrees 25 minutes 51 seconds East, 723.90 feet to a five-eighths inch iron rod found for the east corner of said Wylie-FB parcel, said point also being the west corner of a parcel of land described in deed to Alan and Cheryl Stufft as recorded in Volume 5822, Page 988, Official Public Records of Collin County Texas; THENCE South 40 degrees 34 minutes 09 seconds East, 173.81 feet to a one-half inch iron rod set at the south corner of said Stufft tract; THENCE North 44 degrees 25 minutes 51 seconds East, 762.15 feet to a "PK" Nail set at the east corner of said Stufft tract, said point being in the northeast line of said Second Tract, said point also being in the approximate centerline of Pleasant Valley Road; THENCE South 45 degrees 04 minutes 06 seconds East, 910.23 feet along the approximate centerline of Pleasant Valley Road to the POINT OF BEGINNING and containing 6,060,742 square feet or 139.135 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83). ORDINANCE No.2013-37(PD2O13-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 7 OF 19 630969.1 BEING a parcel of land located in the City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of those parcels of land described in warranty deeds to Wylie-FB, Ltd. as recorded in Volume 5849, Page 1774, Volume 5849, Page 1776, Volume 5849, Page 1778, Volume 5849, Page 1780, Collin County Deed Records, and in Volume 2005024, Page 6359, Dallas County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron set at the north corner of said Wylie-FB parcel of land, said corner being the intersection of the southeast right-of-way line of Sachse Road (a variable width right-of-way) with the southwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); THENCE South 45 degrees 13 minutes 21 seconds East, 1017.00 feet along the southwest right- of-way line of Pleasant Valley Road to a five-eighths inch iron rod found at the east corner of said Wylie-FB parcel of land, said point being in the northwest line of a parcel of land described in deed to Alan and Cheryl Stufft as recorded in Volume 5822, Page 988, Collin County Deed Records; THENCE South 44 degrees 25 minutes 51 seconds West along the southeast line of said Wylie- FB parcel of land, at 723.90 feet passing a five-eighths inch iron rod found at the west corner of said Stufft parcel of land, in all a total distance of 3444.51 feet to a concrete monument found at the south corner of said Wylie-FB parcel of land, said point being the east corner of a parcel of land described in deed to Michael Fasang as recorded in Volume 2004141, Page 9931, Dallas County Deed Records; THENCE North 45 degrees 13 minutes 21 seconds West, 998.82 feet to a concrete monument found at the west corner of said Wylie-FB parcel of land, said corner being the north corner of a parcel of land described in deed to Jorge Granados as recorded in Document Number 201200159093, Dallas County Deed Records, said corner being in the southeast right-of-way line of Sachse Road; THENCE along the southeast right-of-way line of Sachse Road as follows: North 44 degrees 25 minutes 31 seconds East, 364.61 feet to a concrete monument found for corner; North 41 degrees 35 minutes 16 seconds West, 15.69 feet to a concrete monument found for corner; North 44 degrees 23 minutes 05 seconds East, 3078.93 feet to the POINT OF BEGINNING and containing 3,492,548 square feet or 80.178 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83). ORDINANCE No.2013-37(PD2O13-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 8 OF 19 630969.1 .....,...— ,-,..„.__-. -- .. . ._ _ , ._.. ,... © g 3.5188,99." • '—' 5-'5--"."- ---- ---- 1g •'QQQQ'''it,:+c)C-Q -p,,,,?:!;;z ,-,,,„, , n . f Lr--------, '7!,P [! '.r.•° ! t=1 g v , -— . ----I-7—— ' ----IThtt144*/ :kt:,j,....''':, Ng 1 - ' — f•'''. ) 1' ).\ I/ I ' . I ' 11 11 .s‘, , ' '—,' '''' i 1 ,,Z\ ' •2 ' ', na • ! q ! 7it...1 ,. ',INfi4 ! 11 --;": 1 r • , • [4q, [ [ ' 1 [• ! [ ,, 1 :.o-------, e. ,:[------, 1.., thl LN , ...., 'V : ,'-‘- . 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',,,,,A —_,..- . . LP 4 5104i i kit li. I.`..0,11c1 f'-'i,,71,-, . , \ -'11 i''hill itigh of ."1-14 vg'Ili!LIqoP 1'- --„zz : t-, ( 1 - t* / t.i / t.,, • i 1,G \_, . J.) ketudEtu,t ' an ! ' C— . • Z'-' -' : • .,-,0A,,,,i,. . ..,.., ...10. ..,,t DM[ iol 1 0 riftirre-T°C0.5,515.5.53,cuRizarr, ,,2-Z — ..OF WfLZE ' W ...Pir_A-.41.555551.1%‘, --... WYLIE,TEXAS .0+ , is COMMUNITYDOMINION OF::::::VA LL:: EXHIBIT OAU-I 1:F,p--...... . — uo c) t 21 0 1' P. EXHIBIT "B" (Planned Development Standards) EXHIBIT"B" DOMINION OF PLEASANT VALLEY PLANNED DEVELOPMENT STANDARDS COMMUNITY FRAMEWORK Dominion of Pleasant Valley will be a multi-generational community where an emphasis on the pedestrian experience is balanced with the conveniences of a suburban lifestyle. A variety of housing types will be provided to meet the needs of a complete life cycle. This will allow residents to move within the community as changes occur in their lives. In the Dominion of Pleasant Valley community,public and private spaces are given equal importance. Open spaces and common areas are interspersed throughout the community. Also,where possible,the natural features of the property are emphasized to provide for a balance within the community. GENERAL STANDARDS 1. The design and development of the Dominion of Pleasant Valley community shall take place in general accordance with the attached Concept Plan(Exhibit C). 2. The maximum density in the Dominion of Pleasant Valley community shall be 2.7 homes/gross acre. (975 homes in the planned 361.4 acre community.) 3. Lot Mix: A. A minimum of 10%of the developed lots shall be"Type A"lots. (Estimated to be 98 lots in the planned 361.4 acre community.) B. A maximum of 450 lots shall be"Type C"lots. C. The remainder of the lots shall be"Type B"lots. D. As part of each fmal plat submittal,a table shall be provided which indicates the number of each Type of lot for that final plat as well as a cumulative total for each Type of lot within the Dominion of Pleasant Valley community. 4. A minimum of 22%of the land within the Dominion of Pleasant Valley community shall be used as open space. The open space shall be owned by the City and maintained by the Homeowners Association with the exception of the swimming pool area at the amenity center. A warranty deed with a legal description of each parcel of open space shall be provided to the City at the time of the ownership transferring from the Developer to the City. The swimming pool area shall be owned and maintained by the Homeowners Association. With the exception of the swimming pool area,all other open spaces within the community shall be accessible to the public. One element of the open space shall be a community amenity center. The amenity center shall generally be located as shown on the Open Space Plan. The amenity center shall be constructed with the first phase of the community and shall be completed prior to the issuance of a Certificate of Occupancy for any residential dwelling. Components of the amenity center shall include,at a minimum,a junior Olympic size swimming pool,splash pool,bathrooms,bbq grills,picnic tables, shade structures,playground equipment,and an off-street parking lot. Amenities to be provided in other open spaces identified on the Open Space Plan shall include,at a minimum,2 gazebos with bbq grills and picnic tables,and 2 sets of playground equipment. DOMINION OF PLEASANT VALLEY PAGE 1 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 10 OF 19 630969.1 The open space,including the community's amenity center,provided within the Dominion of Pleasant Valley community,as generally shown on the Concept Plan,shall be recognized as meeting all of the City of Wylie's acreage and/or parkland dedication fee requirements for public and/or private open space for the Dominion of Pleasant Valley community. The Developer shall coordinate with the City on the selection of type,style,location,size,etc.of all open space improvements including but not limited to:plants,trees,turf,mulch,irrigation,benches, tables,pavilions/gazebos,grills playgrounds,etc. The Developer shall adhere to established Park Division equipment standards and all Open Space and Trails Master Plan recommendations. All open spaces shall be sodded,rolled,and irrigated per the City's accepted practices. All trees within the open spaces shall have tree wells and bubbler irrigation. Water meters shall be furnished by the City,while backflow devices shall be furnished by the Developer. Monthly water and electrical charges for open space maintenance shall be paid for by the Homeowners Association. A"cost of improvements"shall be provided by the Developer to the City when the open space ownership transfers from the Developer to the City. RESIDENTIAL STANDARDS Type A Lots Type A lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended,except as indicated below. Dimensional Standards 1. Minimum lot area:8,400 square feet. 2. Minimum lot width:70'. On cul-de-sacs and/or elbows,the minimum lot width shall be 60'. The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard:25'. An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard:5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 25'. 6. Minimum rear yard:20'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area:No more than 50%between 2,500 and 3,000 sq.ft.and 50%must be greater than 3,000 sq.ft. 8. Maximum lot coverage:45%. 9. Maximum height:2 1/2 stories or 40'for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single family lot. Type B Lots DOMINION OF PLEASANT VALLEY PAGE 2 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 11 OF 19 630969.1 Type B lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended,except as indicated below. Dimensional Standards 1. Minimum lot area:7,200 square feet. 2. Minimum lot width:60'. On cul-de-sacs and/or elbows,the minimum lot width shall be 50'. The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard:20'. An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard:5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard:25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area:No more than 50%between 2,250 and 2,750 sq.ft.and 50%must be greater than 2,750 sq.ft. 8. Maximum lot coverage:45%. 9. Maximum height:2 1/2 stories or 40'for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single family lot. Type C Lots Type C lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended,except as indicated below. Dimensional Standards 1. Minimum lot area:6,000 square feet. 2. Minimum lot width:50'. On cul-de-sacs and/or elbows,the minimum lot width shall be 40'. The minimum street frontage for all lots at the front property line shall be 30' 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard:20'. An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard:5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard:25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area:No more than 50%of the dwellings shall be between 2,000 sq.ft.,and 2,400 sq.ft. The remaining 50%of the dwellings shall be greater than 2,400 sq.ft. 8. Maximum lot coverage: 50%. 9. Maximum height:2 1/2 stories or 40'for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single family lot. Residential Architectural Standards 1. Plate heights in houses shall be no less than 9'for the first floor and 8'for the second or higher floor. 2. The front façade of each house shall contain architectural detailing to include at least two of the following: A. A front porch,as defined in No.7 below. DOMINION OF PLEASANT VALLEY PAGE 3 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 12 OF 19 630969.1 B. Decorative gable feature. Such a feature may be delineated with complimentary building materials or differing laid pattern,or combination thereof. C. Decorative door,window,and/or opening lintels. Such a feature shall be delineated with complementary building materials. D. Complimentary building material wainscoting. E. Attic windows or dormers. F. Window shutters. The shutters shall be sized to match the window sash. Examples of the above are shown on Attachment 1. 3. A"sense of arrival"shall be created at a house's primary entrance. This can be done with,but not limited to,any two or number of the following: A. Afrontporch. B. Oversized openings for a recessed front door. C. Complimentary building materials to accent the entryway. D. Decorative front door. E. Enhanced primary walkway paving using earth-tone colored concrete(stain mixed in,not applied after),stamped/pattern concrete,or brick/pave stone. Examples of the above are shown on Attachment 2. 4. Architectural repetition:7 lots skipped before repeating same floor plan and elevation. 5. A minimum of 25%of the home's street facade shall be offset from the remainder of the facade by at least 2'. 6. All of the homes shall have at least one front elevation option which includes a front porch incorporated into the home's front elevation. 7. Front porches:A front porch shall have a minimum depth of 6'and a minimum width of 10'(60 square feet minimum). Front porches shall have railings and columns. The railings and columns shall be architecturally compatible with the house's front facade. 8. A hip roof which faces the street and which comprises greater than 35%of the total width of a house's façade shall be broken up with dormers or other architecturally compatible appurtenances. 9. Lighted house number wall plaques shall be provided on the front of all homes. 10. Exterior façade material:The homes shall be constructed with 100%masonry. Masonry shall include brick,stone,masonry stucco,and hardy plank. In no instance however shall hardy plank comprise more than 20%of any individual facade of the home. 11. Chimneys shall be enclosed with masonry matching the exterior walls. Chimneys shall not be clad in hardy plank unless it can be shown that such material is needed from a structural perspective (chimney extending through a roof)or from an architectural perspective. 12. All trim,siding,ceilings,and garage doors on the front facades shall be painted two contrasting colors to achieve an architecturally enhanced appearance. An example is,trim to be painted one color and side surfaces and garage doors to be painted a second color. 13. Roof pitches shall be minimum 8:12 for main gables and hips. Dormer roofs and roofs over porches may have a lesser pitch. 14. Roofing materials shall be either,architectural grade overlap shingles,tile,or standing seam metal. Wood shingles shall be prohibited. Vents and other roof appurtenances shall be painted to match the roof's color. 15. All of the homes shall have at least one front elevation option which includes two single-car garage doors versus one two-car garage door. 16. Garage doors:Garage doors may face a public street. Garage doors facing the street shall comprise no more than 45%of the total width of a house's facade. 17. Garage doors shall be carriage style in appearance. This shall be accomplished with the following: DOMINION OF PLEASANT VALLEY PAGE 4 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 13 OF 19 630969.1 A. Garage door panels shall be wood clad or have the appearance of wood. B. Decorative hardware shall be attached to the garage doors.Such hardware shall include handles and hinges in a complimentary color. Examples of the above are shown on Attachment 3. 18. Carports are prohibited for homes with front entry or swing garages. 19. Fencing:Fencing located in the front of a house shall have a maximum height of 4'and shall have a minimum of 50%of the fence face area transparent. Fencing along the side or rear property lines of a lot,including when a side or rear property line is adjacent to a street,shall have a maximum height of 8'and be constructed of wood with metal poles and the fence's rails facing to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited.) 20. Board on board fence construction,with the fence's rails facing to the inside of the lot,shall be done on all corner lots where the fence is adjacent to a street. Additionally,the visible fencing shall be stained to a uniform,neutral brown color,throughout the Dominion of Pleasant Valley community. 21. Tubular steel or wrought-iron type fencing shall be required on all single family lots adjacent to open spaces,greenbelts,and parks referenced on the Open Space Plan(Exhibit D). 22. Landscaping:Sodded front yards with a minimum 2 3"caliper trees and 5 shrubs shall be provided for each home. Enhanced landscaping along the home's primary walkway shall also be provided. When automated,subsurface irrigation systems are provided,rain sensors shall be installed and operational. 23. Outdoor lighting:Entrances to homes and garages shall be illuminated. 24. Conservation/Sustainability:All homes shall comply with the Energy component of the Wylie Building Code. COMMUNITY DESIGN STANDARDS 1. Public open space easements:30'wide buffer with a minimum 8'wide trail to the rear of houses beside the open space and perpendicular from a street. 2. Perimeter screen along Sachse Road and Pleasant Valley Road shall be provided as generally shown on Exhibit E(Conceptual Perimeter Treatment). More specifically,a minimum 6'tall board-on- board cedar fence shall be provided to screen the adjacent homes from the roadways. The fencing shall have metal poles and masonry columns spaced every 50'. The fence's rails shall face the inside of the lot. Additionally,the fencing shall be stained to a uniform,neutral brown color and be maintained by the Homeowner's Association. In conjunction with the fencing,shrub plantings shall be provided. 3. Perimeter buffer,trails,and landscape:A minimum 40'buffer shall be provided along Sachse Road and Pleasant Valley Road. A mixture of large/shade and small ornamental trees shall be provided within the 40'buffer. The trees shall be planted in natural groupings versus being evenly spaced. A minimum 8'wide concrete trail shall meander through the buffer as generally depicted on Exhibit E (Conceptual Perimeter Treatment). 4. Furnishings along trails:Benches with backs shall be provided and spaced appropriately when adjacent to open space. Decorative paving and cross-walks at street connectors shall also be provided. 5. Curvilinear streets:A minimum of 25%of the streets within the community shall have a curve between 3 and 23 degrees. 6. Entry features and medians:Architectural features on stone screening walls or stone monuments shall be located within a landscaped median to the first cross street. Decorative paving shall be provided in the cross-walk. DOMINION OF PLEASANT VALLEY PAGE 5 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 14 OF 19 630969.1 7. Signage at community entries:Community identification shall be incorporated into the screening wall or monument located at the community entrances. The sign shall be illuminated by means other than street lights. 8. Sidewalk locations:5'sidewalks shall be provided on both sides of a street. 9. Mailboxes:Mailboxes shall be paired at the common property line of two lots. They shall be a uniform style,selected by the developer,and shall be stylistically consistent throughout the Dominion of Pleasant Valley community. A number plaque shall be provided on the mailbox. 10. Sidewalk lighting:Upgraded decorative street pole lighting shall be provided throughout the community. The poles shall have solar controls and be spaced every 250'-350'and at intersection at mid-block. 11. Alleys:Alleys shall not be required. 12. Community buffer yards,entryway treatments,and landscaping shall be designed,developed,and maintained in accordance with the standards established in the Wylie Zoning Ordinance unless otherwise identified in these requirements. 13. A Landscape Plan shall be provided in conjunction with the preliminary plat. Such a plan shall comprehensively address edge treatments such as perimeter screening and landscaping and primary and secondary community entrances. 14. Community Streets:Streets within the Dominion of Pleasant Valley community shall dedicate right- of-way and be built to the paving widths and thicknesses as identified on Exhibit F(Paving and Right-of-Way Dimensions). Roadway Impact Fees shall be paid for the Dominion of Pleasant Valley community's impact on Ballard Avenue and Pleasant Valley Road. No other financial obligations with respect to these roads shall be required. DOMINION OF PLEASANT VALLEY PAGE 6 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)-DOMINION OF PLEASANT VALLEY PAGE 15 OF 19 630969.1 EXHIBIT "C" (Concept Plan) ii ‘ • -,. 4. •, I- t. , - a,, ' lizzums) F.:7,7•Al il 7' t7-1----ii a' 17: - ' N., t..,..1,-,. ir,__ Imo" "L.7, ..„, ,. .,••;.; , . n...__. A •••.,,IF / --I g-- 11;4 h.. ' - - ^- • ,.. • -.4p vf,fr,).- \ .."--g f ir,, ' , ,,0.,.... 0 • L' 1 _ _____ i j z . CI I ............„(-- 1 i • NV1,11.0111,„1,1-01... r- ..;, P• ' :1;0-.„.--lirt. • \ ., -----, -- —ii / / <IC- ''• roF197:--°- ----___/ *--c-----',,,011,a,,-'- ,f_./. c •..,. / -... ' , , •• - :: ,'I „lu = , ',,'' ti ( _-,..4'4, \--_....7\\. ..,..r.Sg.1 l': P •-.. x .f • ' CD I ' --1.--4 -- / 11C)- -I----‘ .1;,-,;fy-I-1-1 *-1 • 1 tipr‘ 'il)k AP a 1 PT r c' 1 4 1 vo,A. 4 i • . , ----- 1 ,.‘. •:.,` < r Ive"Car g ... :L i :..g ",‘...7.;. ALI 111- W. - ..7..'...=. _, ' - .-• -.' .-,-: - ' - tt•t-ZS --- !' --+4-:.--:4 • I• '..i. . . , , 1.:_____.46,,,..4 , _..., r_r ,.F- '..-*kik•. ',. i , , --- •—__ .7.r. :::: —-.. ______ • ••• ... ., I in. tfy ,f i ! r,,, . ,, -I :,c) i, (.--- _ 1 , . ---,N. :-._ Irsip,.i,..,-$.• _ , ....., \ ,, \_ .*"."1-1 1 ''--.. _ - . . ,..,.. 1 • ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 16 OF 19 630969.1 , o�' I. c lrour , I +�� 5 BAL'L'GR7 A EVi1#M .-, '-1... ' ' ��.1m ft; -- _aca.wacw esn �� i 1 o A } -Its °re Le - ' \\Fri/07 1:' N r -�� /�f. I� eder) -, \\ \ ,\\\\I\\\\>\\> 4/:///:\NI,„3.,1‘.... 11Mini M 141 \ /. P.' 1 j r rr iI 1tV ' = 1 \\ F yam' �'ir r \r (////41IhNi'kr \ Y��I I 3, ft as, J .... i--,/ mapr et C' fliEne maL 'l IV riiii‘e i ii C �� err e � � _ k,"�_.. 1 °' \' , --ts'-:. COMMUNITY DATA "":_ re HIKE AND BIKE TRAIL ir? \ , z f> }YI L� ® INTERNAL OPEN SPACE(IOP): 27.2 AC+/- C• JEP=:E BUFFER: 6.7 AC+/- = 1 ��17.1 AC+/- r: I "I: TOTAL 98.2 AC+/- T)S - _- I �.. j G, r -4 11 if OPEN SPACE PLAN DOMINION OF PLEASANT VALLEY WYLIE,TEXAS C EXHIBIT D "rTMt i VD BITNEPS WC1yy O V ,I"�. NOTE:PERIMETER SCREENING SHALL " �y 44'LANDSCAPE BUFFER mow BE BOARD-ON-BOARD CEDAR FENCING. lo)� THE FENCING SHALL BE AT LEAST B' P° TALL AND SHALL BE STAINED WITH A tt SHADE CONSISTENT COLOR.THE FENCINGe n TREE SHALL HAVE.METAL POLES-MASONRY I .i O SHRUBS IN NATURAL {4,4 COLUMNS SHALL BE SPACED EVERY 50'. y GROUPINGS STONE COLUMNS 6'HT BOARD-ON-BOARD t ''s i • ORNAMENTAL THE BACK SIDE OF THE FENCE SHALL LJC ' pad Spo.'.+ TREE BE ON THE NOD BYTH THE FENCE SHALL •, r a• 3 BE MAINTAINED BY THE HOA. 5II'D.C. CEDAR FENCE t C o 4 b4� 40'LANDSCAPE— • ' . •rfa%=L �'raaxi' • -47 t, 3 ,-s ''' '1 BUFFER � mire: s' STONE COLUMN �r .�1;' • � e R a IV-14' 'r' ,7— �•i 6'HT BOARD-ON-BOAR. I $ �� CURVILINEAR N !'JK; '� CEDAR FENCE 6'WIDE SIDEWALK/TRAIL "I '! Cd CURVILINEAR 6'WIDE 1 ORNAMENTAL SHADE TREE mi ,, - ,...., JSIDEWALK/TRAIL TREE _ /1 LA 4p °PN VIEW-TYPICAL LANDSCAPE BUFFER °SECTION -TYPICAL LANDSCAPE BUFFER C E { ft d ,' a .< map as,i IV Q STONE COLUMN pI r +" A 6's 'Ss 'YV" STONE COLUMN ,. e tz ( , MIN 50'O.C. , 4`;:, ! '_.y,. . (S ° t ; .' p, `'. k,�, @ MIN 50'O C r - E i' ,, N�7 F } � !1I I � I IIIIII llll� lll � I - � �lul �_ � �� ..-,.. —.tt 4f ' SHRUBS IN NATURAL H 50 MIN D.C. BOARD-ON-BOARD CEDAR °ELEVATION-LANDSCAPE BUFFER FENCE GROUPINGS A AD AL .. '+ .i:JF'.gy ,� . :(4 ORNAMENT . ;.F AL -�� 'fit TOWER 4.., �g + =yH >i . .t"' a SHADE TREE " COLUMN` ', 'a p of wC./ Z $, df Y4`I 4 '#, x a MASONRY WALL ' .n av t'.'e tali.@+: >,A ' _ '''A '2.rs £,' � � `• • 0 1, i. 1 ...__.,— DOMINION I Ai—.t I--,:-i-II -'('''''' ' 'i OF PLEASANT VALLEY . III :IN ^.- ��I� I I :I I I -I ., 11 1 II I 1 I ,.V °ELEVATION•PRIMARY PROJECT ENTRANCE STONE ENTRANCE WALL SIGNAGE RAISED PLANTER IT DOMINION OF PLEASANT VALLEY CONCEPTUAL PERIMETER TREATMENT WYLIE,TEXAS c EXHIBIT E `' ;. r ° _ , �— DIM oe i by _ M1 ; ':i !f .. ``� iT a• V } III I i.. 3 1R f., o j�-- J ' c MI l I : c,.) it . ..-'.!, -.•=.'• • „ ,y,' ._ , I 1! ,„, w Y R y*ifA*t 1 74 a-IL 11 ,d v,� r � 0 cA } 7‘4\ki4'. o via , ,:).--.,;:,a, .„,...„....„.....Jill 0 z'l. 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I IMP N NE NW II ,�I I to maEd IIM I II iMill rig Pt DOMINION OF PLEASANT VALLEY ATTACHMENT 3 WYLIE,TEXAS tia29,mu JBI . : Wylie City Council fir. ., AGENDA REPORT •18S7. ,7F ak riT,.s Meeting Date: September 24,2013 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: September 11,2013 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2013-20(R) approving the Current Investment Policy, providing for Scope of this Policy, providing for Investment Objectives, providing for an Investment Committee, providing for Delegation of Authority, providing Investment Strategies by Pooled Fund Groups, providing for Standard of Care, providing for other Investment Guidelines, providing for Investments Authorized by Public Funds Investment Act and Investments Unauthorized by the City, providing for Portfolio Diversification and Maturity Limits, providing for Selection of Brokers/Dealers, providing for Selection of Depositories, providing for Safekeeping and Custody, providing for Record Keeping and Reporting, providing for Ethics and Conflicts of Interest, providing for Policy Revisions; and making various findings and provisions related to the subject. Recommendation Motion to approve, Resolution No. 2013-20(R) approving the Current Investment Policy, providing for Scope of this Policy, providing for Investment Objectives, providing for an Investment Committee, providing for Delegation of Authority, providing Investment Strategies by Pooled Fund Groups, providing for Standard of Care, providing for other Investment Guidelines, providing for Investments Authorized by Public Funds Investment Act and Investments Unauthorized by the City, providing for Portfolio Diversification and Maturity Limits, providing for Selection of Brokers/Dealers, providing for Selection of Depositories, providing for Safekeeping and Custody, providing for Record Keeping and Reporting, providing for Ethics and Conflicts of Interest,providing for Policy Revisions; and making various findings and provisions related to the subject. Discussion Texas Government Code requires that the governing body of an investing entity review its investment policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall record any changes made to the investment policy. The current Investment Policy was approved December 12, 2006. No changes are currently being made to it. Page 1 of 1 RESOLUTION NO. 2013-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENT STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the Public Funds Investment Act, as amended, requires the City of Wylie to adopt the investment policy by rule, order, ordinance or resolution; and WHEREAS,the Investment Policy was approved December 12, 2006; and WHEREAS, the Investment Policy complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and Subchapter B —Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT the City of Wylie has complied with the requirements of the Public Funds Investment Act and the Investment Policy, attached hereto, is adopted as the investment policy of the City effective September 24, 2013. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 24th day of September, 2013. Eric Hogue, Mayor ATTESTED BY: Carole Ehrlich, City Secretary Resolution No.2013-20(R)-Amendment of Investment Policy Page 1 of 1 City of Wylie, Texas INVESTMENT POLICY Adopted May 1995 Revised December 2006 CITY OF WYLIE, TEXAS INVESTMENT POLICY Table of Contents I. INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1 Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE 3 VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 Xlll. RECORD KEEPING AND REPORTING 7 X1V. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A-BROKER/DEALER QUESTIONNAIRE APPENDIX B -CERTIFICATION BY DEALER CITY OF WYLIE, TEXAS INVESTMENT POLICY I.INTRODUCTION The City's principal investment objectives, in order of priority, are listed below. Chapter 2256 of Title 10 of the Local Government Code (herein after referred to as the "Public Funds Safety. The primary objective of the City's Investment Act") prescribes that each city is to adopt investment activity is the preservation of principal written rules governing its investment practices and (capital) in the overall portfolio. Each investment to define the authority of the investment officer. The transaction shall seek first to ensure that capital following Investment Policy addresses the methods, losses are avoided, whether the loss occurs from the procedures, and practices which must be exercised to default of a security or from erosion of market value. ensure effective and judicious fiscal management of the City's funds. This Policy shall not apply to the Liquidity. The City's investment portfolio will selection, retention or other issues concerning the remain sufficiently liquid to enable the City to meet depositories of the City's funds in demand deposits as operating requirements that might be reasonably provided under Chapter 105 of the Local Government anticipated. Liquidity shall be achieved by matching Code. investment maturities with forecasted cash flow requirements, by investing in securities with active II. SCOPE secondary markets, and by using state or local investment pools. This Policy shall apply to the investment and management of all funds of the City under its control, Diversification. The governing body recognizes that other than those expressly excluded herein or by in a diversified portfolio, occasional measured losses applicable law or valid agreement. This Policy shall due to market volatility are inevitable, and must be not supersede the restrictions on investment and use considered within the context of the overall applicable to any specific fund and, in the event of portfolio's return, provided that adequate any conflict between this Policy and the requirements diversification has been implemented. Therefore, of any fund subject hereto, the specific requirement assets held in the common investment portfolio shall applicable to such fund shall be followed as well as be diversified to eliminate the risk of loss resulting all other provisions of this Policy other than those in from one concentration of assets in a specific conflict. The Employees Deferred Compensation maturity, a specific issuer or a specific class of Agency Fund is excluded from coverage under this securities. Policy. Yield. The investment portfolio goal (benchmark) In order to make effective use of the City's resources, against which the yield is compared will be all monies shall be pooled into one bank account, established from time to time by the Finance except for those monies required to be accounted for Director. Recommendations by the Investment in other bank accounts as stipulated by applicable Committee will be considered when the performance laws, bond covenants or contracts. The bank account measure is being established. Efforts to seek higher will be maintained by pooled fund group for purposes than the above goal must be consistent with risk of implementing pooled fund strategies and reporting. limitations identified in this policy and prudent The income derived from this pooled investment investment principles. The City's investment account shall be distributed by fund in accordance portfolio shall be designed with the objective of with the City's internal procedures. attaining a rate of return which is consistent with the risk limitations and cash flow characteristics of the III. OBJECTIVES City's investments. IV.INVESTMENT COMMITTEE CITY OF WYLIE, TEXAS INVESTMENT POLICY misrepresentation by third parties, or imprudent An investment committee consisting of the City actions by employees and officers of the City. Attorney, City Manager and Director of Finance will meet on a quarterly basis. The Investment Committee With written approval from the City Manager, the shall be authorized to invite advisors to the meetings Director may delegate any phase of the investment as needed. management program to members of the City staff. Such approval shall state specifically the functions The investment officer will present a brief report of such person is authorized to perform or that the investment activities to the Investment Committee. person is authorized to perform all activities of the The primary objectives of the committee will be to Director under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for (1) make recommendations regarding investment himself and each of his designees in amounts strategies determined adequate by the Director (which shall not (2) approve a list of authorized brokers, dealers, be less than five percent of the amounts subject to banks, savings and loans, credit unions, and this Policy) for each fiscal year as shown by the pools approved budget. No person may engage in an (3) recommend a list of authorized training investment transaction except as provided under the sources for the state mandated investment terms of this Policy and the internal procedures training and established by the Director. A current list of persons (4) monitor program results. authorized to transact investment business and wire funds on behalf of the City shall be maintained by the The committee shall include in its deliberations such Director. topics as performance reports, economic outlook, portfolio diversification, maturity structure, potential At the discretion of either the City Manager or the risk to the city's funds, and the target rate of return Director and in any event upon the termination or on the investment portfolio. The Investment reassignment of any member of the Director's staff Committee shall provide for minutes of its meetings. authorized to conduct transactions for the City pursuant to this Policy, the authority of such person V.DELEGATION OF AUTHORITY shall be revoked and such revocation of authority shall be immediately communicated by the Director Management responsibility for the investment orally and in writing to each and every depository, program is delegated by the City Council to the City broker/dealer, investment advisor, custodian and Manager who will designate the Finance Director as other agency or entity with whom the City has any Investment Officer (hereinafter referred to as the existing or continuing relationship in the "Director"). The Director's authority will at all times management of its investments. be limited by conformance with all Federal regulations, State of Texas statutes and other legal VI.INVESTMENT STRATEGY requirements including the City Charter and City Ordinances, including this Policy. The City of Wylie maintains a pooled investment portfolio. The pooled portfolio utilizes specific The Director shall develop and maintain written investment strategies designed to address the unique administrative procedures for the operation of the characteristics of the pooled investment portfolio. investment program consistent with this Policy. The The pooled investment portfolio includes Operating controls shall be designed to prevent, identify and Funds, Debt Service Funds, Debt Service Reserve control losses of public funds arising from deviation Funds, Capital Projects and Special Purpose Funds. from this Policy, fraud, employee error, and CITY OF WYLIE, TEXAS INVESTMENT POLICY Investment strategies for these different groups are (1) the investment of all funds, or funds under detailed below. the City's control, over which the officer had responsibility rather than a consideration as (1) Investment strategies for operating, debt to the prudence of a single investment; and service, capital project, and special purpose funds have as their primary objective to assure that (2) whether the investment decision was anticipated cash outflows are matched with adequate consistent with the written investment policy investment liquidity. The secondary objective is to of the City. create a portfolio structure which will experience minimal volatility during economic cycles. The Director and his staff shall recognize that the investment activities of the City are a matter of public (2) The investment strategy for the debt service record. Therefore, all participants in the investment reserve funds shall have as the primary objective the process shall seek to act responsibly as custodians of ability to generate a dependable revenue stream from the public trust. Investment officials shall avoid any securities with a low degree of volatility. Securities transactions that might impair public confidence in should be of high quality, with short to intermediate the City's ability to govern effectively. term maturities. Except as may be required by a bond ordinance, securities should be of high quality with VIII.INVESTMENTS AUTHORIZED BY THE short to intermediate-term maturities. CITY OF WYLIE VII. STANDARD OF CARE Authorized investments for municipal governments in the State of Texas are set forth in the Public Funds Investments shall be made with judgment and care, Investment Act, as amended (Section 2256.009- under prevailing circumstances, that a person of 2256.019, Government Code). However, suitable prudence, discretion, and intelligence would exercise investments for the City of Wylie are limited to the in the management of the person's own affairs, not following. for speculation, but for investment, considering the probable safety of capital and the probable income to (1) Direct obligations of the United States or its be derived. Investment of funds shall be governed by agents and instrumentalities with a stated maturity of the following investment objectives, in order of 5 years or less. priority: (2) Certificates of deposit issued in the State of (1) preservation and safety of principal; Texas with a maximum maturity of 2 years or less and insured by the Federal Deposit Insurance (2) liquidity; and Corporation. (3) diversification; and (3) Fully collateralized direct repurchase agreements with a defined termination date of 2 years (4) yield. or less which are secured by obligations of the United States or its agencies and instrumentalities and In determining whether an investment officer has pledged with a third party in the City's name. The exercised prudence with respect to an investment agreement must be placed through a primary decision, the determination shall be made taking into government securities dealer, as defined by the consideration: Federal Reserve, or by a financial institution doing business in the State of Texas. Each issuer of CITY OF WYLIE, TEXAS INVESTMENT POLICY repurchase agreements shall be required to sign a Reserve Bank as the securities are simultaneously master repurchase agreement. released to the purchaser). In this manner the City will always have possession of either its securities or (4) Approved investment pools as described in its monies. Section 2256.016 which are continuously rated no lower than AAA, AAA-m or an equivalent rating by X. DIVERSIFICATION AND MATURITY at least one nationally recognized rating agency and LIMITS have a weighted average maturity no greater than 90 days. It is the policy of the City to avoid concentration of assets in a specific maturity, a specific issue, or a IX. OTHER INVESTMENT GUIDELINES specific class of securities,with the exception of U.S. Treasury issues. The asset allocation in the portfolio The City seeks active management of its portfolio should, however, be flexible depending upon the assets. In order to meet the objectives of this Policy, outlook for the economy and the securities markets. the City may from time to time sell securities that it owns in order to better position its portfolio assets. The City will not exceed the following maximum Sales of securities prior to maturity shall be limits as a percentage of the total portfolio for each of documented and approved by the Director before the categories listed below: such a transaction is consummated. Sales of securities yielding net proceeds less than 92% of the Max. book value of the securities must be approved in of Max. advance and in writing by the City Manager. Three Investment Category Portfolio Maturity examples of situations involving the sale of securities Obligations of the United 100% 5 years prior to maturity are States or its agencies and instrumentalities. (1) swap - to sell an investment to realize a capital gain, Certificates of Deposit 25% 18 mon. (2) To better position selected investments due to a change in market conditions, Repurchase Agreements 100% 2 years NOT Reverse Repurchase (3) To react to emergency liquidity demands. Agreements Each investment transaction must be based upon The Director shall evaluate how each security competitive quotations received from at least three purchased fits into the City's overall investment broker/dealers who have been approved by the City strategy. in accordance with Texas law. At all times the City shall maintain 10 percent of its The purchase and sale of all securities shall be on a total investment portfolio in instruments maturing in delivery versus payment or payment versus delivery 90 days or less. The weighted average maturity of all basis (i.e., for securities purchases, monies will not securities and certificates of deposit in the City's total be released by the City's safekeeping bank until investment portfolio at any given time (not including securities are received at the Federal Reserve Bank cash or demand deposits) shall not exceed 2 years. for further credit to the City's safekeeping bank. In the case of securities sales, monies will be received XI. SELECTION OF BROKERS/DEALERS by the City's safekeeping bank via the Federal CITY OF WYLIE, TEXAS INVESTMENT POLICY The City shall maintain a list of broker/dealers and imprudent investment activities being conducted financial institutions which have been approved for between the entity and the securities firm (See investment purposes by the investment committee. Appendix B). (For the purpose of this investment policy, Broker/dealer will be used to refer to any brokerage All approved broker/dealer firms must have a firm, bank, investment pool, or financial institution completed City of Wylie broker/dealer questionnaire, with which the City does investment business). investment policy, written acknowledgment per Securities may only be purchased from those above guidelines, executed master repurchase authorized institutions and firms. The authorized agreement, if applicable, and current financial broker/dealers will be reviewed at least annually. To information on file. Certification language should be be eligible, a broker/dealer must meet at least one of mutually acceptable to both parties. An investment the following criteria: 1) be recognized as a Primary officer of the City may not buy any securities from a Dealer as defined by the New York Federal Reserve person who has not delivered to the City an Market Reports Division; or 2) complies with instrument substantially in the form provided by this Securities and Exchange Commission Rule 15C3-1, policy. the Uniform Net Capital Requirement Rule. If the City's depository bank also provides custodial and The Director shall review the quality of service and safekeeping services for the City, the bank may not financial stability of each broker/dealer and financial be included as an authorized broker/dealer for the institution approved under this Section at least City, however (Non- negotiable Certificate of annually. Any approved broker/dealer or financial Deposits are exempt from this policy. institution may be removed from the list of approved broker/dealers with the approval of the Director, if in Broker/dealers will be selected and recommended to the opinion of the Director, the firm has not the investment committee by the Director on the performed adequately or its financial position is basis of their financial stability, expertise in cash considered inadequate. management and their ability to service the City's account. Each broker/dealer that has been authorized by the City shall be required to submit and annually XII. SAFEKEEPING AND CUSTODY update a Broker/Dealer Information Request form which includes the firm's most recent financial Investment securities purchased for the City will be statements. The Director shall maintain a file which delivered by either book entry or physical delivery includes the most recent Broker/Dealer Information and shall be held in third-party safekeeping by a Request forms submitted by each firm approved for Federal Reserve Member financial institution investment purposes. A copy of the submitted designated as the City's safekeeping and custodian Broker/Dealer Information Request forms as well as bank. The City may designate more than one a list of those broker/dealers approved by the City custodian bank. The City shall execute a shall be maintained by the Director (See Appendix Safekeeping Agreement with each bank prior to A). utilizing the custodian's safekeeping services. Only a state or national bank located within the State of The City of Wylie will provide all approved Texas may be utilized as a custodian of securities securities dealers with a copy of the City's pledged to secure certificates of deposit. The Investment Policy. A principal in the firm must safekeeping agreement must provide that the execute a written statement acknowledging receipt safekeeping bank will immediately record and and review of the policy and a statement promptly issue and deliver a signed safekeeping acknowledging that reasonable procedures and receipt showing the receipt and the identification of controls have been implemented to preclude the security, as well as the City's interest. CITY OF WYLIE, TEXAS INVESTMENT POLICY XIII.RECORD KEEPING AND REPORTING The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping A record shall be maintained of all bids and offerings Agreement executed with each custodian bank. for securities transactions in order to ensure that the City receives competitive pricing. All transactions The City must approve release of securities in writing shall be documented by the person authorizing the prior to their removal from the custodial account. A transaction in a form that shows that person's name, telephone facsimile of a written authorization shall be the party instructed to execute the transaction, the sufficient if the custodian orally confirms receipt of date, a description of the transaction and a brief the transmission and an exact copy of the document statement of the reason(s) for the transaction. is retained in the City's files. In no event shall the custodial bank be an authorized depository bank, At least annually, the Director shall verify that all issuer of repurchase agreements in which the City securities purchased by or pledged to the City are on invests or broker/dealer of securities on behalf of the hand in appropriate form. The City, in conjunction City. with its annual financial audit, shall perform a compliance audit of management controls on All securities shall be confirmed in the name of the investments and adherence to the City's established City and delivered to an approved custodial bank or investment policies. carried at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit Each depository of the City's funds shall maintain purchased or pledged securities. All book entry separate, accurate and complete records relating to all securities owned by the City shall be evidenced by a deposits of the City's funds, the securities pledged to safekeeping receipt issued to the City and signed by secure such deposits and all transactions relating to the appropriate officer at the custodian bank stating the pledged securities. Each approved custodian that the securities are held in the Federal Reserve shall maintain separate, accurate and complete System in a CUSTOMER ACCOUNT naming the records relating to all securities received on behalf of City as the "customer." In addition, the custodian the City, whether pledged, purchased or subject to bank will, when requested, furnish a copy of the repurchase agreement, as well as all transactions delivery advice received by the custodian bank from related to such securities. In addition, each the Federal Reserve Bank. depository shall file all reports required by the Texas State Depository Board. Each depository and All certificated securities (those transferred by custodian shall agree to make all the records physical delivery) shall: 1) be held by an approved described in this paragraph available to the Director custodian bank or any correspondent bank in New or designee and the City's auditors at any reasonable York City approved by the Director; and 2) the time. correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City All broker/dealers, custodians, depositories and evidencing that the securities are held by the investment advisors shall maintain complete records correspondent bank for the City. of all transactions that they conducted on behalf of the City and shall make those records available for The original safekeeping receipt for each transaction inspection by the Director or other representatives including purchased securities under a repurchase designated by the City Council or City Manager. agreement and collateral securing deposits will be forwarded to the Director or his designee and held in All sales of securities for less than the book value of a secured file by the City. the security shall be approved by the Director. Sales of securities for less than 92 percent of the book CITY OF WYLIE, TEXAS INVESTMENT POLICY value of the securities must be approved by both the City Manager and the Director. XIV.ETHICS AND CONFLICTS OF INTEREST An investment report shall be prepared by the Officers and employees of the City involved in the Director and signed by each officer and employee of investment process shall refrain from personal the City authorized to conduct any of the City's business activity that involves any of the City's investment activity, on a annual basis listing all of the approved custodians, depositories, broker/dealers or investments held by the City, beginning and ending investment advisors. Employees and officers shall not market value for period, the current market valuation utilize investment advice concerning specific of the investments and transaction summaries, securities or classes of securities obtained in the including a detailed list of the gains and losses transaction of the City's business for personal recognized. The market value will be determined by: investment decisions, shall in all respects subordinate (1)written reports such as the Wall Street Journal; (2) their personal investment transactions to those of the on-line services such as Bloomberg; or (3) through a City, particularly with regard to the timing of primary dealer or national bank that is independent of purchases and sales and shall keep all investment the specific security being valued. The report must advice obtained on behalf of the City and all state the pooled fund group for each asset/security. transactions contemplated and completed by the City The report shall explain the total investment return confidential, except when disclosure is required by during the previous quarter and compare the law. portfolio's performance to other benchmarks of performance. If invested in securities, the City's An investment officer of the City who has a personal audit firm must review the quarterly reports annually business relationship with an organization seeking to and the result of the review shall be reported to the sell an investment to the City shall file a statement City Council by that auditor. disclosing that personal business interest. An investment officer who is related within the second Within 90 days after the end of the City's fiscal year, degree by affinity or consanguinity to an individual the Director shall prepare, sign and deliver to the City seeking to sell an investment to the City shall file a Manager and the City Council an annual report on the statement disclosing that relationship. A statement City's investment program and investment activity required under this subsection must be filed with the which has also been signed by each officer and Texas Ethics Commission and the governing body of employee of the City authorized to conduct any of the the City. City's investment activity. The annual report shall include full year investment returns. Such annual XV.POLICY REVISIONS report shall include an analysis of the compliance with this Policy as well as changes in the applicable This Investment Policy will be reviewed at least laws and regulations during the previous year and annually by the City Attorney, City Manager and may include any other items of significance related to Director of Finance and revised when necessary. All the investment program. The annual investment revisions shall be approved by the City Council. report will be reviewed as a part of the annual audit. ..t,/ OF t : Wylie City Council fir. ., i •t8S7. I AGENDA REPORT -aTF ak 7iTM'4 Meeting Date: September 24,2013 _ Item Number: G Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: September 16,2013 Budgeted Amount: N/A Exhibits: 2 Subject Consider and act upon, Ordinance No. 2013-38 amending Ordinance No. 2007-36 and Article Iv (speed) of Section 110-133 (school zones), of the Wylie Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; removing the school zone for certain street(s); providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation Motion to approve, Ordinance No. 2013-38 amending Ordinance No. 2007-36 and Article Iv (speed) of Section 110-133 (school zones), of the Wylie Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; removing the school zone for certain street(s); providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Discussion There is currently a school zone located on Country Club Road at the Park Boulevard intersection. This zone was originally installed when Dodd Elementary was constructed and FM 1378 was a two lane roadway. WISD has indicated that the school zone is no longer needed due to the traffic signal and that there are not any walkers in the area (letter attached). Approval of the ordinance will remove the school zone at this location. If conditions change in the future, we will reevaluate the need for a school zone at that time. Page 1 of 1 ORDINANCE NO. 2013-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.2007-36 AND ARTICLE IV(SPEED)OF SECTION 110- 133 (SCHOOL ZONES), OF THE WYLIE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; REMOVING THE SCHOOL ZONE FOR CERTAIN STREET(S); PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie, Texas ("Wylie" or "City"), taking into consideration, among other things, whether the highway is a two-lane, undivided highway, as well as the usual traffic thereon, said governing body may determine and declare reasonable and prudent maximum prima facie speed limits thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,§541.302 of the Texas Transportation Code defines a"school crossing zone"as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS,the City Council of the City of Wylie,Texas("City Council")finds it necessary to amend Ordinance No. 2007-36 and Article IV(Speed)of Section 110-133 (School Zones)of the Wylie Code of Ordinances,to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City, and in the immediate vicinity of school areas, during periods of time,which shall be set by the City's Engineer,when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council has received a request from the Wylie Independent School District("WISD")to remove the school zone(s) on certain streets based upon the representation of WISD that traffic is controlled by a traffic light and there are no school children walking to school in the previously determined school zone; and Ordinance No.2013-38—School Zone Page 1 of 6 WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Ordinance No.2007-36 and Article IV(Speed)of Section 110-133 (School Zones) of the Wylie Code of Ordinances as set forth below. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No.2007-36 and Article IV(Speed)of Section 110- 133 (School Zones) of the Wylie Code of Ordinances. Ordinance No. 2007-36 and Article IV (Speed)of Section 110-133 (School Zones)of the Wylie Code of Ordinances,are hereby amended to read as follows: "Sec. 110-133. School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone,or whenever children are present in such zones,or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereinafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway,or parts of the main street or highway,and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: (1) Twenty Miles per hour, during specified times on school days on the following streets: AKIN ELEMENTARY SCHOOL a. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. b. On Lanwood Drive from the point of its intersection with Foxwood Lane south to the point of its intersection with Heatherwood Lane. Ordinance No.2013-38—School Zone Page 2 of 6 c. On Heatherwood Lane from the point of its intersection with W.A. Allen Boulevard west to a point 250 feet west of its intersection with Castlewood Drive. d. On W.A. Allen Boulevard from a point 100 feet north of its intersection with Surrey Circle south to its intersection with Stone Road. e. On Foxwood Lane from its intersection with Castlewood Drive to its intersection with Lanwood Drive. f. On Stone Road from its intersection with Stonehedge Drive to a point 400 feet west if its intersection with W.A. Allen Boulevard. BIRMINGHAM ELEMENTARY SCHOOL a. On Brown Street from a point 150 feet west of its intersection with Rustic Trail to a point 360 feet west of its intersection with Westgate Way. b. On Westgate Way from a point 1260 feet north of its intersection with Brown Street to a point 1170 feet south of its intersection with Brown Street. BURNETT JR HIGH SCHOOL a. On Pirate Drive from its intersection with Hilltop Street to its intersection with Ballard Street. b. On Hilltop Street from its intersection with Pirate Drive to its intersection with Stone Road. c. On Stone Road from its intersection with 2nd Street to its intersection with Dogwood Drive. COOPER JR HIGH SCHOOL/DRAPER INTERMEDIATE a. On Hooper Road from its intersection with New Hensley Lane south to its intersection with Old Hensley Lane. b. On the southbound lanes of Woodbridge Parkway 500 feet north of its intersection with New Hensley Lane south to its intersection with New Hensley Lane. c. On the northbound lanes of Woodbridge Parkway from its intersection with New Hensley Lane to the north property line of the Broad Stone Apartments. d. On New Hensley Lane from its intersection with Woodbridge Parkway east to a point 400 feet east of the east property line of Cooper Jr. High School. DODD ELEMENTARY SCHOOL a. On Cheyenne Road from its intersection with Park Boulevard to a point 150 feet south of its intersection with Barbour Drive. Ordinance No.2013-38—School Zone Page 3 of 6 b. On Tuscalosa Drive from its intersection with Cheyenne Road to a point 200 feet east of the intersection. c. On Park Boulevard from a point 400 feet east of its intersection with Country Club to a point 150 feet east of its intersection with Mobile Lane. GROVES ELEMENTARY SCHOOL a. On McCreary Road from a point 800 feet south of its intersection with Riverway Lane north to a point 800 feet north of its intersection with Riverway Lane. b. On Riverway Lane from its intersection with McCreary Road east to a point 150 feet west of the intersection with Meandering Drive. c. On Appalachian Drive from its intersection with Riverway Lane to a point 150 feet south of the intersection. d. On Springtide Drive from its intersection with Riverway Lane to a point 150 feet north of the intersection. HARRISON INTERMEDIATE SCHOOL a. On Ballard from its intersection with Stone Road south to a point 200 feet north of its intersection with Stoneybrook Drive. HARTMAN ELEMENTARY SCHOOL a. On Birmingham Street from its intersection with Williams Street to its intersection with W. Stone Road. b. On Kirby Street from a point 200 feet east of its intersection with Memorial Drive to its intersection with S. Ballard Avenue. MCMILLAN JR HIGH SCHOOL/DAVIS INTERMEDIATE a. On Park Boulevard from the intersection with Westgate Way,west to a point 150 west of its intersection with Mobile Lane. b. On Westgate Way from its intersection with Park Boulevard south 150 feet. WATKINS ELEMENTARY SCHOOL a. On Elm Road from its intersection with FM 544 west to a point 400 feet west of its intersection with Timber Falls Drive. b. On Timber Falls Drive from its intersection with Elm Road, south 200 feet. WYLIE EAST HIGH SCHOOL a. On Wylie East Drive from a point 1000 feet north of its intersection with Brown Street to a point 100 feet south of the Brown Street intersection. b. On Brown,from its intersection with Wylie East Drive to a point 100 feet west of the intersection. Ordinance No.2013-38—School Zone Page 4 of 6 (2) Thirty Miles per hour, during specified times on school days on the following streets: SMITH ELEMENTARY a. On Country Club Drive from a point 200 feet north of its intersection with Lakeway Drive to a point 200 feet south of its intersection with Boxwood Lane. As a result of the frequent changes to elementary and secondary public and private school start and end times, the appropriate hours of enforcement for school zone maximum speed limits shall be set by the City's Engineer. The maximum speed limits in a school zone shall be set in accordance with the Texas Department of Transportation recommendations,unless set forth and posted otherwise as determined by the City's Engineer. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as amended,promulgated by the state department of transportation. The City Manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs." SECTION 3: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding 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 or separate act 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. 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 hereof 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 Wylie City Charter and by law. Ordinance No.2013-38—School Zone Page 5 of 6 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24th day of September, 2013. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date(s) of publication in The Wylie News— Ordinance No.2013-38—School Zone Page 6 of 6 ..t,/ OF t : Wylie City Council fir. ., 1 AGENDA REPORT •iss7• I -aTF or 7iTM'4 Meeting Date: September 24,2013 Item Number: H Department: Engineering (City Secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: September 10,2013 Budgeted Amount: Bid Tabulation; Engineers' Exhibits: Award Recommendation Subject Consider, and act upon, the award of bid#W2013-71-B for Woodbridge Parkway Bridge, Paving and Drainage Construction; to Mario Sinacola & Sons in the amount of$4,414,571.00, and authorizing the City Manager to execute any and all necessary documents. Recommendation Motion to approve, authorizing the award of bid # W2013-71-B for Woodbridge Parkway Bridge, Paving and Drainage Construction; to Mario Sinacola & Sons in the amount of $4,414,571.00, and authorizing the City Manager to execute any and all necessary documents. Discussion The extension of Woodbridge Parkway from Hooper Road to SH 78 in Sachse will connect FM 544 to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin County. Two interlocal agreements have been approved with Collin County and the City of Sachse for the construction of the project. Collin County has agreed to fund up to $4,084,198.77 towards the project of which $217,500 was identified for engineering. On August 28, 2012 a work session was held with council to discuss the additional funding necessary for the project which was estimated to be $2 million. The Wylie Economic Development Corporation secured financing for $1.2 million and the city agreed to use $800,000 from excess funds in the 2005 bond program. The bid for Woodbridge Parkway from Hensley Lane to the bridge was $1,769,769.00 which was well under the projected $3.373 million. As a result, the WEDC will only need to fund approximately $600,000 towards the project. Staff recommends the award of W2013-71-B for the Woodbridge Parkway Bridge, Paving and Drainage Construction project to Mario Sinacola & Sons in the amount of $4,414,571.00; as the lowest responsive, responsible bidder meeting specifications. Page 1 of 1 BID TABULATION W2013-71-B w WOODBRIDGE PARKWAY BRIDGE, PAVING C. I I \., OF \ ''Y [ AND DRAINAGE CONSTRUCTION ir 8/27/2013 Respondents: Pricing: Ed Bell Construction Co. $5,051,915.50 Lone Star Civil Construction Inc. $4,664,242.00 McMahon Contracting L.P. $4,618,966.90 Rebcon Inc. $5,284,283.40 Sinacola & Sons, Mario $4,414,571.00 Tiseo Paving Co. $4,597,913.77 I certify that the above includes all firms contacted to bid and that replies are exactly as stated. Glenna Hayes C.P.M., A.P.P. Purchasing Agent Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE,TEXAS ❑ ,® Kimley-Horn and Associates, Inc. September 9, 2013 Suite 1000 12750 Merit Drive Dallas,Texas Wylie Municipal Complex 75251 300 Country Club Road Building 100, 2nd Floor Wylie, Texas 75098 Re: Bid Number W2013-71-B Woodbridge Parkway Bridge, Paving and Drainage Construction Cities of Sachse and Wylie, Collin County, Texas KHA Job No. 063564127 Dear Mr. Holsted: On August 27, 2013, the City of Wylie received six (6) bids for construction of improvements shown on the Woodbridge Parkway Bridge, Paving and Drainage Construction documents for the above referenced project. Based on tabulation of the bids received and evaluation of the compliance of the bids received with the bidding documents, Kimley-Horn and Associates, Inc. recommends the contract be awarded to Mario Sinacola & Sons Excavating, Inc. on the basis of low bid in the amount of$4,414,571.00. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. )-mfv;off, Ashley M. Frysinger, P.E. TX F-928 Enclosure Cc: Greg Peters, City of Sachse Glenna Hayes, City of Wylie ■ TEL 972 7701300 FAX 972 239 3820 +t`L OF Wp • rtr Wylie City Council AGENDA REPORT oiss7•, "rE op S'E0 Meeting Date: September 24,2013 Item Number: I (City Secretary's Use Only) Department: Planning Prepared By: Mary Bradley Account Code: Date Prepared: September 6,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, acceptance of the resignation of F. Darrell Harris from the Planning and Zoning Commission and the appointment of Randy Owens to Planning and Zoning Commission to the Planning and Zoning Commission to fill the vacancy. Recommendation Motion accept the resignation of F. Darrell Harris from the Planning and Zoning Commission and appoint Randy Owens to Planning and Zoning Commission to fill the unexpired term of June 2012—June 2014 Discussion The 2013 Board and Commissions Interview Panel recommended, and Council approved two (2) replacements for the Planning and Zoning Commission, should a vacancy arise during the year. Pursuant to the Board Interview Panel, Randy Owens was chosen as Replacement 1. Mr. Owens has been contacted and agreed to serve should the council appoint him. Page 1 of 2 From: Darnell Harris Sent: Friday, September 06, 2013 3:00 PM To: Renae 011ie Cc: Mary Bradley Subject: Resignation from City of Wylie, Planning and Zoning Commission Renae and Mary, Due to my travel schedule, I need to resign my commissioner post on the Planning and Zoning Commission. It is very important for me to be present and accountable when I accept a position and I don't think I have done either since my appointment to this commission. I am grateful to the City Council for allowing me to serve and if my travel schedule change, I would love to apply again in the future. Renae and Mary, you have been exemplary persons to work with and I feel very good about the direction our city is headed. Thank you for all your work and support. Thank you, Darnell Harris : Wylie City Council AGENDA REPORT 411 •1887! '147x a'riT,.s Meeting Date: September 24,2013 Item Number: J (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: September 13,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Jacobs Addition, establishing one commercial lot and open space lot on 3.017 acres, generally located east of Springwell Parkway and south of FM 544. Recommendation Motion to approve a Preliminary Plat for Jacobs Addition, establishing one commercial lot and open space lot on 3.017 acres, generally located east of Springwell Parkway and south of FM 544. Discussion APPLICANT: Carl Frontera Children's Learning Adventure OWNER: ALPAY Living Trust The property encompasses a total of 3.017 acres on two lots separated by Springwell Parkway. Lot 1R is a proposed commercial lot totaling 2.904 acres and Lot 2 is an open space lot of 0.113 acres. A Site Plan for a Daycare use on Lot 1R was approved the Planning and Zoning Commission on September 3, 2013. No development is planned for Lot 2 and is an open space remnant of the development of Springwell Parkway. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie. The Planning and Zoning Commission voted 6-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Page 1 of 1 E in the William Sochse Survey.Abstroct No 5WHEREAS Alpay Living Trust of October 15. 6 is City o e Wylie.Collin Coportion of Lot 1, A Jacobs Addition an unty. ,Collin County,Texas cording to.e plat Texas.sold tract being a Block thereof recorded in Cabinet Addition 369.City ofr Wylie, Records of Collin County,Texas and being o portion of the remainder of thot certoin troct of lond to Alpay Living Trust of October 1B,1996,recorded in Instrument No 20060209000171930,Official Public Records,Collin County, Texas and more particularly described GS follows a91/2 cap(her BEGINNING at inch iron rod set with"PEISEa&MANKIN Monument red plastic c (hereinafter referred to as iron rod from which TXDOT sec West.1 54 feet for the north end of a corner clip ot the intersection of the south right-of-way 1 FARM MARKET 5 /lic ' .d---. \, / line of Farm Market 544(a 120'public right-of-way)with the west right-of-way line of Regency THENCE South 45 deq 00 min 25 sec East,olonq said corner clip a distance of 21 22 feet to a N90T10'00"E F 'ram jenf\ BPO GNT OF 5 50UI2tE yr wl ' W/ o / a g 6 con.58 sec �6.R' ®„� 4 � "'"" NN : ,a West.0.66 i 2 ,{.- ' NOD9920 E 2D � EABT B1x9B wurtn THENCE South00 deg 00 5 E g t Lot 1 d the west \�1692 ""' a EAST 3D 15 . rez en x'- qq right-of-way d Regency D distance 9.90 t t / d t from �n•� mA "� w „ t/2y d North g 2 East,0.90 t the southeast ® —)� W.F A... er of said Lot 1.same being in the north line of that certain tract of land to PrthUr P Willis. y deed recorded THE CE North 89 deg 55 min 06 sec West,along the common line of said Lot 1.and said Willis t for sou st r of �� tract, BG pa e r a right-of-way n n� nt Na 20090625000794720,tyfWoiedescribed ctls95e distance Parkway right-of-way),recorded LOT BLOdC A aforesaid Official Pubic Record e ben the of a an ent curve to the right 2, am 9 9 9 rJAC9O6BS AOMOON ha 9 radius9 of 27 g T min 50 sec, we n' / n described roc 113 ACRE d d tract PORTION OF I same east of said Sprngw Par sfo A meG g right-of-way line g y follows JACOBS AMT. 1 , 02159'35" I 4' 1.1 e a e .81 R-9600D' S. feel and ha d distance sof North 13 non-tangent deg.33 min 6 East, 5113 feet et fa 4 �L-1J6.5]' ` I.. GAB F xB ant from5/8 to In rod ifound t n Pears South 895deg. 5 35 d.East 0.33 foot CB N11•D9'0J"E 'y GAB F.PO.xB ifor the 6 46 W oo e e having g O u CD-iJ5 9' I. min =J northeasterly direction.and a said o t l t distance 257.10 feet andda to I � �� rod chord fearing n distance of North 15 g con 43 sec.East.25 68 feet o a 5/e inch iron Pi O-zJ s96 1 �R=$9DDD a �� northwest de t described tract n 20 sec East,a e of a engethetointersection/2 inch son t rod ust right o way he =zsJ 1Dline of sold Springwell 4/ CB=Nt}•q]'93'E er I n a F W w me a a Pc to IrcF one.Anna g .t to me eu tl U 09F is feel or THENCE East,acres theccom d ae more or e of said Lot 1 e resod Farm Markel 54a CD=25960' ne Stot BEGINNING and containing 6520 square of n9 o Porron o1 tr ae nonce o A� and the south right-of-way line of said Farm � L ZONED cc COMMERCIAL CORRIDOR " Recommended Pean a 1Azaa s mm ee as Dale THEREFORE.KNOW ALL WEN BY THESE PRESENTS i 6,6 LOT 1R,BLOCS A Y f To Knpprovaoa 4 sO JAC=AOMTIM y u0w.TH distance o as r / 12&320 90.FT.Mt001 ACRES I Et,g= Pprane ar aneerue an t ALP.LIMO TART OF OCTOBE 1 1M.1HW �y 11 e 1addition to the City of Wylie,Collin County,Texas,z SLS ou LOT 1R AND e0d 2.BLOCK A.JAWBs plat D ADDPTON �. g IL'� lsa A df ° tforever the streets shown thereon,and does hereby reserve the easement strips shown on this D D2�1•sR• o hereby dedicate to the public use o yZ� �R 65000 uW F le r am. 262 '.2 plat for the use and occomodation of the puflic utility shown thereon desiring to use the same Mayor,City o Wylie.Texas Date easement strips for tfe purpose of constructing.reconstructing.inspeding.patrolling.maintaining CB 5 D5J'S9'W CD 6.89' a A ' S 1 E and adding or removing all or part of Ps systems witfout tfe necessity at any tone of //J` / y Y le .TexliCI:cillriaLnawcA,:Strel. Dole WITNESS OUR HANG AT TEXAS this the day° 2013. 3I, sew,sx an )' '//1 l yes MOTON Pe ALLEN PAN TRUST OF oCTOBER rs.1996 tsewer lines as shown and set forth in and upon said plat and said Council further authorized / i —— COUNTY OF Witness rorLla hand htse acreptanev A.D.20 3. AS BEFORE ME.the undersigned authority,an this day personally appeared Allen Pay.known to rne to be the person whose name is subscribed to the foregoing instrument and acknowledged to / / D-T]'1]'S9' /1 Crty rG VEN UNDERMvHAND AND SEAL OF OFF CE on the tlav a 2013 ) \R-38889' / L-J681• / Z Notary Puoic in and for The State of Texas CB-N13f3.16'E /1/ SPRVPTOR•C PPRGFFATF TNSs to certfy that TmothyR Mankn a Regstered Professona Land Surveyor of theR07LAKEFIELD f T f1 uB rLOT ro xB ° qI— R t t ci vdreoesentsetnat dsu r mde aby me°or�undev r rect an and } / o NANDINqm I�RELIMINARY—FOR dREVIEW a ONLYm.0 R o 5 as Regrstratron No 6122 ( ____ ________ W Bert.WPM IHHH. i——.r_vr�0 r 54 `z "a IL a~ ,A.,� I�B N» — PRELIMINARY PLAT ( Y AFa u89SBo 5307.0B' i �B LOTS 1R AND 2, BLOCK A •0 Hn ^ ° STEEL JACOBS ADDITION inn..LW nTLWtentetPlat""" I3I-/al W N BEING A 2.909 ACRE TRACT OF LAND SITUATED IN THE WILLIAM SACHSE SURVEY,ABSTRACT NO.1335, III rBL °000t j v CITY OF WYLIE,COLLIN COUNTY,TEXAS t1L I W VICINITY MAP AUGUST 2013 2 LOTS it j rmra� 9 I 1"=1000' tS THIS PLAT IS RECORDED IN DOCUMENT N0.D DATE tt I/ I iNFTYPE TART F I LEGEND m<L LINE 13-0„e PEISER & MANKIN SURVEYING, LLC GRAPH]C SCALE Are. oefLTizmT SHE ni GAS METER E FIRE HYDRANT 0 MONITORING WELL a j} ® TRAFFIC S 0 UNDERGROUND VER2oN - I� � OWNER rErF ALLAS ROOAD COMMERCIAL MMER tom o TELEPHONE ,c,„ FUEL PORT CO TRAFFIC SIGNAL ALPAY LIVING TRUST OF OCTORBER 1B,1998 0 POWER POLE 131 WATER VALVE CP S.PEDESTALDOWN GU, © © MANHOLE HOLE BOX XO ROLLARDFE FENCE EASEMENT LINE — — BUILDING LINE =STREET BEN-PRUNE 1t IN Petro)U PAllen O BO%B30J61 sill%& TEXAS T605 oe OF O CLEAN OUT ® STORM GRAN MANHOLE 0 TREE © A/CEPAD ARE UNDERGROUND WATER LINE hen=30 RICHARDSCN,T%75080 CHECKED TRN al T ae e G uemne.say.te'+'+ 41, °Ft Cti ;f'' 1 : Wylie City Council AGENDA REPORT 411 •1887! '147x a'riT,.s Meeting Date: September 24,2013 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: September 16,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD., Wylie-FB, LTD., and RNH Development Company, for the development of Dominion of Pleasant Valley, a master planned community consisting of varied density single family dwellings. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave. Recommendation Motion to approve, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD., Wylie- FB, LTD., and RNH Development Company, for the development of Dominion of Pleasant Valley, a master planned community consisting of varied density single family dwellings. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave. Discussion OWNER: Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD., and Wylie-FB,LTD. APPLICANT: RNH Development Company Mr. Ron Haynes, representing the property owners contacted the City in regards to initiating a Development Agreement for a 62.7846± acre tract of land(Tract 1) situated in Wylie's ETJ. Upon acceptance of the Development Agreement, the applicant/ owner(s) will submit a Petition for Annexation with subsequent zoning request in accordance with the executed Development Agreement. The conditions of the agreement outlay the requirements for development. Tract 1 (62.7846± acres) will be developed in accordance with Ordinance No. 2013-37. The subject tract has been included in all references to the overall master plan of Dominion of Pleasant Valley. Staff recommends approval of the Development Agreement. Page 1 of 1 -"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER." After Recording Return To: City Manager City of Wylie 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT (Pending Annexation) (Dominion of Pleasant Valley) THIS DEVELOPMENT AGREEMENT PENDING ANNEXATION ("Agreement") is made and entered into as of the day of September, 2013 ("Effective Date") by and among the CITY OF WYLIE, TEXAS, a Texas home-rule municipality, ("City"), ROBBINS PROPERTY COMPANY NO. 3, LTD., a Texas limited partnership, ("Tract 1 Owner"), SOUTHWESTERN MEDICAL FOUNDATION, a Texas non-profit corporation, ("Tract 2 Owner"), GROVES FARM, LTD., a Texas limited partnership, ("Tract 3 Owner"), WYLIE-FB, LTD., a Texas limited partnership, ("Tract 4 Owner") and RNH DEVELOPMENT COMPANY, a Texas corporation, ("Applicant"), on the terms and conditions hereinafter set forth. Tract 1 Owner, Tract 2 Owner, Tract 3 Owner and Tract 4 Owner are collectively referred to herein as "Developer". City, Developer and Applicant are individually and collectively referred to herein, respectively, as "Party" or"Parties". WHEREAS, Tract 1 Owner is the owner of 62.7846±acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384 and located in the extraterritorial jurisdiction ("ETJ") of City, Dallas and Collin Counties, Texas, as more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Tract 1 Property"); and WHEREAS, Tract 2 Owner is the owner of 68.11± acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384 and located in the City, Dallas County, Texas, as more particularly described in Exhibit "B", attached hereto and incorporated herein for all purposes ("Tract 2 Property"); and WHEREAS, Tract 3 Owner is the owner of 139.135±acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1100 and the Guadalupe De Los Santos Survey, Abstract No. 1384 and located in the City, Dallas and Collin Counties, Texas, as more particularly described in Exhibit "C", attached hereto and incorporated herein for all purposes ("Tract 3 Property"); and WHEREAS, Tract 4 Owner is the owner of 80.178± acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1100 and the Guadalupe De Los Santos Survey, Abstract No. 1384 and located in the City, Dallas and Collin Counties, Texas, as more particularly described in Exhibit `D", attached hereto and incorporated herein for all purposes ("Tract 4 Property"); and DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 1 OF 42 #630791v4(FINAL) WHEREAS, the Tract 1 Property, the Tract 2 Property, the Tract 3 Property and the Tract 4 Property are collectively referred to herein as "Property"; and WHEREAS, Developer anticipates selling the Property to Applicant, with the expected closing to occur on or before October 31, 2013 (the actual date of the closing is hereinafter referred to as "Closing"); and WHEREAS, Applicant intends to develop the Property as a planned development known as the "Dominion of Pleasant Valley" ("Development"); and WHEREAS, the Closing on the sale of the Property is contingent upon, among other things, annexation of the Tract 1 Property in the City's corporate limits and incorporating the Tract 1 Property into the Zoning Ordinance (hereinafter defined); and WHEREAS, on September 24, 2013, the City Council of the City ("City Council") adopted Ordinance No. 2013-37, zoning the Tract 2 Property, the Tract 3 Property and the Tract 4 Property, placing the same in the zoning classification of Planned Development ("Zoning Ordinance"), with the form of the approved Zoning Ordinance being attached hereto as Exhibit "E"and incorporated herein for all purposes. The original, executed Zoning Ordinance is on file with the City Secretary's Office and reference to the Zoning Ordinance as used herein shall mean as it currently exists or may be amended; and WHEREAS, pursuant to §212.172, TEx. Loc. Gov'T CODE, as amended, City is authorized to make this Agreement, for the purposes set forth in said section, with Tract 1 Owner regarding the Tract 1 Property since the same is located in City's ETJ; and WHEREAS, Tract 1 Owner and City desire to agree on the matters set forth in this Agreement pursuant to and in accordance with §212.172, TEx. Loc. Gov'T CODE, as amended; and WHEREAS, within ten (10) calendar days of the Effective Date of this Agreement, Tract 1 Owner shall submit an annexation application ("Annexation Application"), on the form approved by City and bearing all costs associated therewith, requesting the City Council to voluntarily annex the Tract 1 Property, said Annexation Application shall include any and all documents, signatures and/or other information required by City's ordinances, rules and regulations, as they exist, may be amended or in the future arising; and WHEREAS, City Staff will place the Annexation Application on the next available City Council agenda for its consideration and possible action, in accordance with Chapter 43, TEx. LOC. Gov'T CODE, as amended, recommending that the City Council approve the Annexation Application thereby annexing the Tract 1 Property into the corporate limits of City ("Tract 1 Annexation Ordinance"); and WHEREAS, in consideration of the City Council's consideration and possible DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 2 OF 42 #630791v4(FINAL) approval of the Tract 1 Annexation Ordinance, Tract 1 Owner, in accordance with the provisions of§212.172, TEX. Loc. Gov'T CODE, as amended, hereby agrees that prior to the City Council's consideration and possible approval of the Annexation Ordinance and Zoning Ordinance Amendment (hereinafter defined), Tract 1 Owner agrees that unless and until said ordinances are approved and become effective in accordance with the City Charter and applicable law, Tract 1 Owner shall develop the Tract 1 Property in accordance with the Zoning Ordinance and any and all other ordinances, rules, codes, regulations and requirements of City, as they exist, may be amended or in the future arising (collectively, "Regulations") and that City is entitled to enforce the Regulations the same as if the Tract 1 Property was located wholly within the corporate limits of City; and WHEREAS, provided the City Council adopts the Tract 1 Annexation Ordinance, Developer and Applicant, if necessary, shall, within ten (10) calendar days of the City Council's adoption of the Tract 1 Annexation Ordinance, submit a zoning application ("Zoning Application"), on the form approved by City, requesting the City Council to amend the Zoning Ordinance for the sole purpose of including the Tract 1 Property in the Zoning Ordinance, said Zoning Application shall include any and all documents, signatures and/or other information required by City's ordinances, rules and regulations, as they exist, may be amended or in the future arising; and WHEREAS, City Staff will place the Zoning Application on the next available Planning and Zoning Commission of City ("P&Z") agenda for its consideration and possible action, requesting that the P&Z provide a favorable recommendation of the Zoning Application to the City Council; and WHEREAS, after P&Z provides its recommendation to the City Council regarding the Zoning Application, City Staff will place the Zoning Application on the next available City Council agenda for its consideration and possible action, recommending that the City Council approve the Zoning Application thereby including the Tract 1 Property in the ordinance amending the Zoning Ordinance ("Zoning Ordinance Amendment"); and WHEREAS, the City Council has investigated into and determined that it is in the best interest of City and its citizens to enter into this Agreement; and WHEREAS, the Parties desire to enter into this Agreement according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. City Council Approval. The Parties acknowledge and agree that Developer and Applicant must submit a fully executed original copy of this Agreement to Ms. Renae' 011ie, City's Planning Director, ("Planning Director") on or before DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 3 OF 42 #630791v4(FINAL) September 19, 2013. Developer and Applicant, individually, acknowledge and agree that this Agreement is strictly contingent upon its consideration and approval of the City Council and the attendant authorization of the City Manager to execute the same ("City Council Approval"). Upon the Planning Director's receipt of the Agreement, executed by Developer and Applicant, the Planning Director will place the Agreement on the next available agenda of the City Council for its consideration and possible action to approve the same. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Tract 1 Owner represents that it is the sole owner of the Tract 1 Property. Tract 2 Owner represents that it is the sole owner of the Tract 2 Property. Tract 3 Owner represents that it is the sole owner of the Tract 3 Property. Tract 4 Owner represents that it is the sole owner of the Tract 4 Property. 3. Annexation/Enforcement/Waiver and Release/Term. (a) It is specifically understood and agreed between City and Tract 1 Owner that the Tract 1 Property is outside City's corporate limits and that City has not identified the Property in its annexation plan, if such a plan exists. However, it is understood and agreed that City currently has the required public improvements ("Improvements") in place to serve the Tract 1 Property and that Tract 1 Owner shall, at its sole cost and expense, be required to provide, construct and/or install any and all improvements necessary to connect the Tract 1 Property to the existing Improvements. (b) Within ten (10) calendar days of the Effective Date of this Agreement, Tract 1 Owner shall submit the Annexation Application, requesting the City Council to voluntarily annex the Tract 1 Property. Tract 1 Owner represents and warrants that there are no parties in possession of any portion of the Tract 1 Property. City Staff shall diligently process the Annexation Application in accordance with the Regulations and applicable state law, as amended, and Owner hereby acknowledges and agrees that City makes no warranties and/or guarantees with regard to the outcome of the Annexation Application. Tract 1 Owner shall bear all of the costs associated with the Annexation Application, and City Staff shall use its best efforts to obtain the City Council's approval of the Annexation Application and Tract 1 Annexation Ordinance. (c) Tract 1 Owner acknowledges and agrees that this Agreement meets the notice requirement to the Tract 1 Owner as set forth in §43.063, TEx. LOC. GOV'T CODE, as amended, and that no further notice shall be required of City to Tract 1 Owner under said §43.063. Tract 1 Owner further acknowledges and agrees that this Agreement meets the requirements set forth in §43.035, TEX. LOC. Gov'T CODE, as amended, if applicable, and that no further action shall be required of City to Tract 1 Owner under said §43.035, if applicable. (d) City and Tract 1 Owner agree that this Agreement meets the requirements of a service plan, and shall serve as the service plan ("Annexation Service Plan") for the Tract 1 Property with respect to the Improvements and the municipal services ("Municipal Services") required under §43.065, TEx. Loc. Gov'T CODE, as amended. DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 4 OF 42 #630791v4(FINAL) With respect to the municipal services required in a service plan, City shall provide such services in accordance with §43.065, TEX. Loc. Gov'T CODE, as amended. City and Tract 1 Owner acknowledge and agree that this Agreement will be considered at the public hearings held under §43.063, TEx. Loc. Gov'T CODE, as amended; that this Agreement represents the mutual understanding of City and Tract 1 Owner with respect to the matters contained herein; and that no provision of any improvement or municipal service has been deleted. The City Council of City finds and determines that this proposed Annexation Service Plan will not provide any fewer Improvements and/or Municipal Services, and it will not provide a lower level of Improvements and/or Municipal Services to the Tract 1 Property proposed to be annexed than were in existence in the area of the Tract 1 Property at the time immediately preceding the annexation process described herein. Should the Tract 1 Property consist of differing characteristics of topography, land utilization and population density, the level of Improvements and Municipal Services which may ultimately be provided in the newly annexed area of the Tract 1 Property may differ somewhat from the services provided in or to other areas of City. If applicable, these differences are specifically dictated because of differing characteristics of the Tract 1 Property, and City will undertake to perform the newly annexed area containing the Tract 1 Property with the same type, kind and quality of Improvements and Municipal Services presently enjoyed by the citizens of City who reside in areas of similar topography, land utilization and population in accordance with §43.056(j), TEX.Loc.Gov'T CODE, as amended, if applicable. (E) UNLESS OTHERWISE EXPRESSLY STATED HEREIN, TRACT 1 OWNER HEREBY WAIVES, RELEASES, DISCHARGES, RELINQUISHES AND HOLDS HARMLESS CITY OF AND FROM ANY AND ALL RIGHTS IT MAY HAVE UNDER §§43.056, 43.062, 43.065, 43.141 AND/OR ANY OTHER PROVISION OF CHAPTER 43, TEX. Loc. GOV'T CODE, AS AMENDED, TO FILE A PETITION FOR DISANNEXATION AND/OR ANY OTHER ACTION DUE TO CITY'S, AMONG OTHER THINGS, FAILURE TO PROVIDE: (I) ANY ADDITIONAL INDIVIDUAL NOTICE TO TRACT 1 OWNER REGARDING THE ANNEXATION; AND/OR (II) ANY PORTION OF THE TRACT 1 PROPERTY WITH THE IMPROVEMENTS AND/OR MUNICIPAL SERVICES. THIS PARAGRAPH 3(E) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. (f) In consideration of the City Council's consideration and possible approval of the Tract 1 Annexation Ordinance, Tract 1 Owner, in accordance with the provisions of§212.172, TEX. Loc. Gov'T CODE, as amended, hereby acknowledges and agrees that prior to the City Council's consideration and possible approval of the Tract 1 Annexation Ordinance and Zoning Ordinance Amendment, Tract 1 Owner acknowledges and agrees that unless and until said ordinances are approved and become effective in accordance with the City Charter and applicable law, Tract 1 Owner shall develop the Tract 1 Property in accordance with the Regulations and that City is entitled to enforce the Regulations the same as if the Tract 1 Property was located wholly within the corporate limits of City. (g) Should the City Council fail to approve the Tract 1 Annexation Ordinance and/or the Tract 1 Property is not otherwise annexed earlier, whether voluntarily or DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 5 OF 42 #630791v4(FINAL) involuntarily, City and Tract 1 Owner acknowledge and agree that this Agreement shall continue in full force and effect for forty-five (45) years ("45-year term") with regard to the Tract 1 Property. If the Tract 1 Annexation Ordinance is not approved, but the Tract 1 Property is annexed, whether voluntarily or involuntarily, prior to the expiration of the 45-year term, the Parties acknowledge and agree that City may initiate an amendment to the Zoning Ordinance to include the Tract 1 Property within the Zoning Ordinance, and Developer shall not protest and/or otherwise challenge said initiation and consideration of the amendment to the Zoning Ordinance. 4. Zoning. Provided the City Council adopts the Tract 1 Annexation Ordinance, Developer and Applicant, if necessary, shall, within ten (10) calendar days of the City Council's adoption of the Tract 1 Annexation Ordinance, submit the Zoning Application, requesting the City Council to amend the Zoning Ordinance for the sole purpose of including the Tract 1 Property in the Zoning Ordinance. City Staff shall diligently process the Zoning Application through the P&Z and City Council in accordance with the Regulations and applicable state law, as amended. Tract 1 Owner and/or Applicant, if applicable, shall bear all of the costs incurred in connection with the Zoning Application, and Developer and Applicant, if applicable, hereby acknowledge and agree that City makes no warranties and/or guarantees with regard to the outcome of the Zoning Application. 5. Permits. Developer and Applicant, if applicable, further acknowledge and agree that before any building, development and/or any other permit will be issued by City for the development of the Property, Developer and Applicant, if applicable, must obtain the City Council's approval and adoption of the Zoning Ordinance Amendment, unless City expressly waives such requirement in writing. 6. Closing. Applicant represents and warrants to City that should the Closing occur on the sale of the Property prior to the deadline for filing the Annexation Application or Zoning Application, all references to Developer set forth herein shall automatically refer to and be binding on Applicant the same as if this Agreement had been entered into with Applicant as the sole owner of the Property as of the Effective Date. 7. Default/Waiver and Release. (a) If Developer and/or Applicant fail(s) to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies, to: (i) refuse to issue building permits for the Property, or any portion thereof, and/or the Development; and/or (ii) refuse to approve any engineering plans for the Property, or any portion thereof, and/or the Development; and/or (iii) seek specific enforcement of this Agreement. DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 6 OF 42 #630791v4(FINAL) (b) In the event City fails to comply with the terms and conditions of this Agreement, any Developer and/or Applicant may seek specific enforcement of this Agreement as its/their sole and exclusive remedy. 8. Covenant Running with the Land; Expiration. (a) This Agreement shall be a covenant running with the land and Property and shall be binding upon Developer. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Collin and Dallas Counties, Texas. Notwithstanding the foregoing, the obligations herein that burden the Tract 1 Property, the Tract 2 Property, the Tract 3 Property and the Tract 4 Property shall be released automatically as to each tract provided the: (i) Tract 1 Annexation Ordinance is approved by the City Council; and (ii) Zoning Ordinance Amendment is approved by the City Council; provided, however, should the Tract 1 Annexation Ordinance not be approved by the City Council, this Agreement shall not be released as to the Tract 1 Property, unless otherwise expressly agreed upon in writing by City and Tract 1 Owner. (b) Even if the Tract 1 Annexation Ordinance and Zoning Ordinance Amendment are not approved by the City Council, and the City Council expressly allows the Development to commence in accordance with the Zoning Ordinance and the Regulations, as evidenced by the platting of the Property as a whole and the approval of the engineering and construction plans and permit to commence construction of the Development, the obligations herein that burden: (i) the Tract 2 Property, the Tract 3 Property and the Tract 4 Property shall be released automatically; and (ii) the Tract 1 Property shall be released automatically as to each lot therein which is conveyed subsequent to the: (A) engineering inspection fees and any other applicable development and/or impact fees as set forth in any of the Regulations being tendered to City; (B) completed as-built plans related to the Tract 1 Property being tendered to City; (C) final acceptance of the public improvements constructed within the Tract 1 Property by City; and(D) final plat for the Tract 1 Property being reviewed, approved and executed by City and filed in the Real Property Records of Dallas and Collin Counties, Texas. Any third party, including any title company, grantee or lien holder, shall be entitled to rely on the immediately preceding sentence to establish whether such termination has occurred with respect to any applicable tract and/or lot. 9. Representations of Developer. Each Developer individually represents and warrants to City that as of the date of this Agreement, each Developer, as applicable: (i) is fully authorized to sell the Tract 1 Property, the Tract 2 Property, the Tract 3 Property and the Tract 4 Property, without the joinder of any other person or entity, to Applicant; and (ii) has good and indefeasible fee simple title to the Tract 1 Property, the Tract 2 Property, the Tract 3 Property and the Tract 4 Property, free of any liens, security interests, exceptions, conditions, mineral reservations or leases or encumbrances, that could in any way extinguish City's rights and/or remedies set forth herein with regard to the Tract 1 Property, the Tract 2 Property, the Tract 3 Property and the Tract 4 Property, respectively. DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 7 OF 42 #630791v4(FINAL) 10. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the matters expressly set forth herein. The Regulations covering property taxes, utility rates, permit fees, inspection fees, development fees, impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further this Agreement does not waive or limit any of the obligations of Developer and/or Applicant to City under any of the Regulations. 11. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights in, upon and/or to the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, TEX. Loc. Gov'T CODE, as amended, and nothing in this Agreement provides City with fair notice of any project of any Developer and/or Applicant. EACH DEVELOPER AND APPLICANT, INDIVIDUALLY, WAIVES, RELINQUISHES,RELEASES,DISCHARGES AND HOLDS HARMLESS CITY WITH REGARD TO ANY STATUTORY CLAIM UNDER CHAPTER 245, TEX, LOC. GOV'T CODE, AS AMENDED, UNDER THIS AGREEMENT. TRACT 1 OWNER FURTHER EXPRESSLY WAIVES, RELINQUISHES,RELEASES,DISCHARGES AND HOLDS HARMLESS CITY WITH REGARD TO ANY RIGHT TO CLAIM THIS AGREEMENT IS A PERMIT UNDER §212.172, TEX. LOC. GOV'T CODE, AS AMENDED. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. SENATE BILL 18 WAIVER. AS ADDITIONAL CONSIDERATION FOR THE BENEFITS EACH DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, EACH DEVELOPER INDIVIDUALLY HEREBY WAIVES, RELINQUISHES, RELEASES, DISCHARGES AND HOLDS HARMLESS CITY FROM AND AGAINST, AND WAIVES ANY ALL RIGHTS TO, CLAIM ANY RELIEF UNDER SENATE BILL 18, AS ADOPTED BY THE 82ND TEXAS LEGISLATIVE SESSION THIS PARAGRAPH 12 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. Miscellaneous Provisions. a. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as if set forth verbatim and adopted as findings of City and the authorized representative of each Developer and Applicant. b. Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the Parties hereto. This Agreement may not be assigned by any Developer and/or Applicant, in whole or in part, unless the following conditions are satisfied, without which such assignment shall be null and void and of no force and effect: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 8 OF 42 #630791v4(FINAL) must be approved in writing by City; such approval not to be unreasonably withheld; (ii) the Assignment must expressly contain, among any other reasonable requirements and/or conditions of City, an acknowledgment and agreement that all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee, or any portion thereof, contemplated herein, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) the assigning Developer or Applicant, as applicable, will file any approved, executed Assignment in the Real Property Records of Collin and Dallas Counties, Texas; and (iv) the assigning Developer or Applicant, as applicable, shall provide City with a file-marked copy of the Assignment within ten (10) calendar days of filing the same. Upon any such assignment as provided above, the assignor shall be released from any further liability hereunder provided the Assignment includes a provision expressly stating that the assignee is accepting and obligating itself for any and all prior duties, obligations, covenants and/or defaults of the assignor. c. 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 electronic mail, with documentation evidencing the addressee's receipt thereof, or a hand—delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the Parties shall be as follows: If to City, addressed to it at: City of Wylie ATTN: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Electronic Mail: mindy.manson@wylietexas.gov DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 9 OF 42 #630791v4(FINAL) With a copy to: Abernathy, Roeder, Boyd& Joplin, P.C. ATTN: Rebecca Brewer 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Electronic Mail: rbrewer@abernathy-law.com If to Tract 1 Owner, addressed to it at: Robbins Property Company No. 3, Ltd. ATTN: Larry Robbins 11 Robledo Drive Dallas, Texas 75230 Telephone: (972) 250-5810 Electronic Mail: lrobbins@capstonecommercial.com If to Tract 2 Owner, addressed to it at: Southwestern Medical Foundation ATTN: Kathleen M. Gibson 3963 Maple Avenue, Suite 100 Dallas, Texas 75219 Telephone: (214) 351-6143 Electronic Mail: kgibson@swmedical.org If to Tract 3 Owner, addressed to it at: Groves Farm, Ltd. ATTN: Ronald R. Groves 6526 Brook Lake Drive Dallas, Texas 75248 Telephone: (512) 276-2403 Electronic Mail: rrgroves2@ix.netcom.com If to Tract 4 Owner, addressed to it at: Wylie-FB, Ltd. ATTN: Robert R. Bruner 1129 Dilworth Crescent Row Charlotte,North Carolina 28203 Telephone: (214) 926-1515 Electronic Mail: rbb@ballantynevillage.com [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 10 OF 42 #630791v4(FINAL) If to Applicant, addressed to it at: RNH Development Company ATTN: Ron Haynes P. O. Box 346 6119 Greenville Avenue Dallas, Texas 75206 Telephone: (214) 673-0575 Electronic Mail: rnhaynes@swbell.net d. Attorney's Fees. In any legal proceeding brought to enforce any term of this Agreement, the prevailing Party may recover its reasonable and necessary attorneys' fees and expenses from the non-prevailing Party(ies) as permitted by §271.153, TEx. Loc. Gov'T CODE, as amended. e. Warranties/Representations. All warranties, representations and covenants made by a Party to any other Party in this Agreement, or in any certificate or other instrument delivered by a Party to any other Party under this Agreement, shall be considered to have been relied upon by the receiving Party. f. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties hereto. g. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. h. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed and delivered to the other Parties. j. Authority to Execute. The individuals executing this Agreement on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 11 OF 42 #630791v4(FINAL) 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 Effective Date. k. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 1. Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. m. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. n. Waiver. Waiver by any Party of any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time, shall not, in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance. o. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. p. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon each Developer, and their respective officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom Developer is legally responsible and/or who may acquire an interest in the Property,provided Paragraph 13(b) is satisfied, if applicable. DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 12 OF 42 #630791v4(FINAL) q. Reference to Applicant. When referring to "Applicant" herein, this Agreement shall refer to and be binding upon Applicant, and its officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom Applicant is legally responsible and/or who may acquire an interest in the Property, provided Paragraph 13(b) is satisfied, if applicable. r. Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. s. Survival of Covenants. Any of the representations, warranties, covenants and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. t. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by the 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. IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: CITY OF WYLIE, TEXAS, Attest: a home-rule municipality By: By: Mindy Manson, City Manager Carole Ehrlich, City Secretary DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 13 OF 42 #630791v4(FINAL) TRACT 1 OWNER: ROBBINS PROPERTY COMPANY NO. 3, LTD., a Texas limited partnership By: Irene Robbins, General Partner TRACT 2 OWNER: SOUTHWESTERN MEDICAL FOUNDATION, a Texas non-profit corporation By: Kathleen M. Gibson, President TRACT 3 OWNER: GROVES FARM, LTD., a Texas limited partnership By: Ronald R. Groves, General Partner TRACT 4 OWNER: WYLIE-FB, LTD., a Texas limited partnership By: RBB Investments, Inc., a Delaware corporation By: Robert B. Bruner, President DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 14 OF 42 #630791v4(FINAL) APPLICANT: RNH DEVELOPMENT COMPANY, a Texas corporation By: Ron Haynes, President DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 15 OF 42 #630791v4(FINAL) THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be the person whose name is subscribed to the foregoing instrument; she acknowledged to me that she is the City Manager and duly authorized representative of the CITY OF WYLIE, TEXAS, a Texas home-rule municipality, and that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of the CITY OF WYLIE, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2013. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Irene Robbins, known to me to be the person whose name is subscribed to the foregoing instrument; she acknowledged to me that she is the General Partner and duly authorized representative of ROBBINS PROPERTY COMPANY NO. 3, LTD., a Texas limited partnership, and that she executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 16 OF 42 #630791v4(FINAL) STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Kathleen M. Gibson, known to me to be the person whose name is subscribed to the foregoing instrument; she acknowledged to me that she is the President and duly authorized representative of SOUTHWESTERN MEDICAL FOUNDATION, a Texas non-profit corporation, and that she executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Ronald R. Groves, known to me to be the person whose name is subscribed to the foregoing instrument; he acknowledged to me that he is the General Partner and duly authorized representative of GROVES FARM, LTD., a Texas limited partnership, and that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 17 OF 42 #630791v4(FINAL) STATE OF NORTH CAROLINA § COUNTY OF MECKLENBURG § BEFORE ME, the undersigned authority, on this day personally appeared Robert B. Bruner, known to me to be the person whose name is subscribed to the foregoing instrument; he acknowledged to me that he is the President and duly authorized representative of RBB Investments, Inc., a Delaware corporation, the General Partner of WYLIE-FB, LTD., a Texas limited partnership, and that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation and limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of North Carolina My Commission Expires: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Ron Haynes, known to me to be the person whose name is subscribed to the foregoing instrument; he acknowledged to me that he is the President and duly authorized representative of RNH DEVELOPMENT COMPANY, a Texas corporation, and that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 18 OF 42 #630791v4(FINAL) EXHIBIT "A " (Legal Description of the Tract 1 Property) LEGAL DESCRIPTION i3I_1NG a tract of land situated in the Guadalupe lie Los Santos Survey.Abstract Net. 138,1, !)alas County. Texas, and bens£part of a 83.7 acre tract conveyed to Beatrice Buren by R.C. Stone and wife, Dora Aim Slone,b deed recorded in Volume 872, Page 463 in Deed Reccirds of Collin County,Texas,and found in Vohirne 2175,Paige 160,Of the Deed Records of Dallas County.Texas,and being more particularly described as follow's: I3EG[NNiNG at a point in the Nor] line of Pleasant Valley Road,(an existing 50 foot R.O.W.),said point being South 45 deg. %Pest.as distance of 7,8S ti`et anti North'i11 d..i:. t7 ntin. 35 sec, West,a distance of 25-0 feet from the most Eirstuly corner of said Guadalupe De Los Santos Survey, Abstract No. 1384; said point of beginning also bring the most.Southerly comer of a tract of land conveyed to Darn Edward Staring and Wile,Jerilyn K,Staring,in Volume 79017,at Page 1111 of die Deed Records of Dallas Co m:1v, Texas,an iron stake for corner; THENCE,South 45 des. West,with the:North'`esi hat olsaici Pleasant Valley Road.same being on a line Northwesterly 25 i'ect from and parallel to the Southeast bate of the said Abtract No, 1384,a distance of I gti5-3t; feet.an iron stake for corner; THENCE,North.15 deg. 32 min. tYcsi,with the Southwest line of said 23,7 acre tract, passing an iron rod found at 25.0 feet and coati nuuir'.with;an old t a.e line,a total distance of 1533_63 to an iron stake in a corker fence post; THENCE. Nunit 15 deg.01 min, 13 see. East, with the Northwest line of said 83.7 acre tract,sanne being with aan old fence line,a distance of 1437.23 feet to an iron stake for corner;said point also being the most Westerly corner of a 15 acre tract of land conveyed to Larry iMorgan in Volume 79094 at Page 263 of the Deed Records of Collin and Dallas Counties,Texas; THENCE, South 72 deg. 28 min.East,with the Southerly line of said 15 acre tract,a distance of 1006-84 feet,an iron stake for comer;said point also being the most Westerly corner of said Dim acid Jerilyn Searing Tract; THENCE, South 44 dcc. 47 min. 15 sec. East,with the Southwest lira;of said Sharing Tract,a distance of 659.48 feet to the€LACE OF t3I GINNiNG and CONTAINING 62.7846aneres of kind. DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 19 OF 42 #630791v4(FINAL) EXHIBIT B" (Legal Description of the Tract 2 Property) A tract of land situated in the County of Dallas,State of Texas,being out of the GUADALUPE DE LOS SANTOS SURVEY,ABSTRACT NO.1384,and being parts of Lots No.1 and 2 of the partition of the Estate of Josiah Slone among his children,and being a part of a 154.31 acre tract conveyed by Verna Stone et al.to 3.3,Owen and H.A.Walker by deed dated July 20,1960,recorded in Volume 5386, page 242,of the Deed Records of Dallas County,Texas(the'154 31 acre tract'),and a part of a 1.01 acre tract conveyed by Bennie Joe Harvey to B.B.Owen and H.A.Walker by deed dated July 20,1960,recorded in Volume 5386, page 266,Deed Records of Dallas County, Texas(the"1,01 acre tract),and being more particularly described as follows: BEGINNING at an iron stake set on the Northwest R.O.W.lire of Pleasant Val ey Roed at the Intersection of said Northwest ROM,line of said road with the Northeast line of said 154,31 acre tract;said point being the North corner of a 3.83 acre tract conveyed to the County of Dallas for road R,O.W,by deed dated February 20,1969,recorded in Volume 69050,page 4907,Deed Records of Dallas County,Texas; THENCE Southwesterly with the new Northwest R.O W.line of Pleasant Valley Road as follows 1 South 45 deg.50 min.West 781.11 feet; 2 South 43 deg.33 min.West,1100,58 feet, 3 South 45 deg.39 min.West,62,30 feet to iron stake set in sand R.O.W.line,for corner, THENCE North 45 deg.49 min 34 sec.West across said 154.31 acre tract,1540.58 feet to an iron stake set in old fence line and in the Northwest line of said 154.31 acre tract for corner, THENCE North 44 deg.53 min.East with old fence line and said Northwest line of said 154.31 acre tract,1944.00 feet to iron stake set at base of comer post,for corner,said corner being the North corner of said 154.31 acre tract: THENCE South 46 deg.49 min.East with old fence line and the Northeast line of said 154.31 acre tract,1528.76 feet to the piace.of Begirtnig,and containing approximately 68.11 acres of land DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 20 OF 42 #630791v4(FINAL) EXHIBIT "C" (Legal Description of the Tract 3 Property) BEING a parcel of land located in the City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of that remainder of parcels of land described as First and Second Tract in deed to Groves Farms Ltd as recorded in Volume 5317, Page 5455, Official Public Records of Collin County, Texas and in Volume 2002250, Page 5070, Official Public Records of Dallas County Texas, and being further described as follows: BEGINNING at a "PK Nail" set at the east corner of said First Tract, said point being in the approximate centerline of Pleasant Valley Road (a variable width right-of-way), said point also being the north corner of a parcel of land described in deed to Michael and Dawn Strong as recorded in Volume 4512, Page 2110, Official Public Records of Collin County Texas; THENCE South 44 degrees 50 minutes 19 seconds West, 6607.22 feet along the southeast line of said First Tract to a one-half inch iron rod set for corner, said point being the east corner of a parcel of land described as Tract No. 2 in deed to The Ardis Family Trust as recorded in Volume 2002185, Page 4649, Official Public Records of Dallas County Texas, said point also being the west corner of a parcel of land described in deed as Tract IV to Dallas County as recorded in Volume 97014, Page 2128, Official Public Records of Dallas County Texas, said point also being the north corner of a parcel of land described in deed to Kenneth Zachary as recorded in Volume 2003124, Page 1806, Official Public Records of Dallas County Texas; THENCE along the northeast line of said Ardis Family Trust tract as follows: North 37 degrees 59 minutes 42 seconds West, 99.48 feet to a one-half inch iron rod set for corner; North 08 degrees 17 minutes 42 seconds West, 187.81 feet to a one-half inch iron rod set for corner; North 13 degrees 51 minutes 18 seconds East, 132.60 feet to a one-half inch iron rod set for corner; North 11 degrees 18 minutes 42 seconds West, 47.80 feet to a one-half inch iron rod set for corner; North 33 degrees 08 minutes 42 seconds West, 204.37 feet to a one-half inch iron rod set for corner; North 31 degrees 22 minutes 18 seconds East, 65.70 feet to a one-half inch iron rod set for corner; North 07 degrees 23 minutes 18 seconds East, 131.90 feet to a one-half inch iron rod set for corner; North 14 degrees 36 minutes 42 seconds West, 176.00 feet to a one-half inch iron rod set at the north corner of said Ardis Family Trust Tract, said point being in the northwest line of said First Tract, said point also being in the southeast line of a parcel of land described in deed to Maria Martinez as recorded in Volume 83203, Page 2529, Official DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 21 OF 42 #630791v4(FINAL) Public Records of Dallas County Texas; THENCE North 44 degrees 55 minutes 26 seconds East, 1923.49 feet along the northwest line of said First Tract to a wood post found for corner, said point being the south corner of said Second Tract, said point also being the east corner of a parcel of land described in deed to Larry Martinez as recorded in Volume 83203, Page 2560, Official Public Records of Dallas County Texas; THENCE North 45 degrees 03 minutes 14 seconds West, 254.14 feet along the northeast line of said Martinez tract to a fence post found at the west corner of said Second Tract; THENCE along the northwest line of said Second Tract as follows: North 44 degrees 31 minutes 39 seconds East, 649.98 feet to a concrete monument found for corner, said point being the south corner of a parcel of land described in deeds to Wylie-FB, Ltd. as recorded in Volume 5849, Page 1774, Volume 5849, Page 1776, Volume 5849, Page 1778, Volume 5849, Page 1780, Official Public Records of Collin County Texas, and in Volume 2005024, Page 6359, Official Public Records of Dallas County Texas, said point also being the east corner of a parcel of land described in deed to Michael Fasang as recorded in Volume 2004141, Page 9931, Official Public Records of Dallas County Texas; North 44 degrees 25 minutes 51 seconds East, 2720.61 feet along the southeast line of said Wylie-FB parcel to a five-eighths inch iron rod found for corner, from which point bears North 44 degrees 25 minutes 51 seconds East, 723.90 feet to a five-eighths inch iron rod found for the east corner of said Wylie-FB parcel, said point also being the west corner of a parcel of land described in deed to Alan and Cheryl Stufft as recorded in Volume 5822, Page 988, Official Public Records of Collin County Texas; THENCE South 40 degrees 34 minutes 09 seconds East, 173.81 feet to a one-half inch iron rod set at the south corner of said Stufft tract; THENCE North 44 degrees 25 minutes 51 seconds East, 762.15 feet to a "PK" Nail set at the east corner of said Stufft tract, said point being in the northeast line of said Second Tract, said point also being in the approximate centerline of Pleasant Valley Road; THENCE South 45 degrees 04 minutes 06 seconds East, 910.23 feet along the approximate centerline of Pleasant Valley Road to the POINT OF BEGINNING and containing 6,060,742 square feet or 139.135 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83). DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 22 OF 42 #630791v4(FINAL) EXHIBIT "D" (Legal Description of the Tract 4 Property) BEING a parcel of land located in the City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of those parcels of land described in warranty deeds to Wylie-FB, Ltd. as recorded in Volume 5849, Page 1774, Volume 5849, Page 1776, Volume 5849, Page 1778, Volume 5849, Page 1780, Collin County Deed Records, and in Volume 2005024, Page 6359, Dallas County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron set at the north corner of said Wylie-FB parcel of land, said corner being the intersection of the southeast right-of-way line of Sachse Road (a variable width right-of-way) with the southwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); THENCE South 45 degrees 13 minutes 21 seconds East, 1017.00 feet along the southwest right-of-way line of Pleasant Valley Road to a five-eighths inch iron rod found at the east corner of said Wylie-FB parcel of land, said point being in the northwest line of a parcel of land described in deed to Alan and Cheryl Stufft as recorded in Volume 5822, Page 988, Collin County Deed Records; THENCE South 44 degrees 25 minutes 51 seconds West along the southeast line of said Wylie-FB parcel of land, at 723.90 feet passing a five-eighths inch iron rod found at the west corner of said Stufft parcel of land, in all a total distance of 3444.51 feet to a concrete monument found at the south corner of said Wylie-FB parcel of land, said point being the east corner of a parcel of land described in deed to Michael Fasang as recorded in Volume 2004141, Page 9931, Dallas County Deed Records; THENCE North 45 degrees 13 minutes 21 seconds West, 998.82 feet to a concrete monument found at the west corner of said Wylie-FB parcel of land, said corner being the north corner of a parcel of land described in deed to Jorge Granados as recorded in Document Number 201200159093, Dallas County Deed Records, said corner being in the southeast right-of-way line of Sachse Road; THENCE along the southeast right-of-way line of Sachse Road as follows: North 44 degrees 25 minutes 31 seconds East, 364.61 feet to a concrete monument found for corner; North 41 degrees 35 minutes 16 seconds West, 15.69 feet to a concrete monument found for corner; North 44 degrees 23 minutes 05 seconds East, 3078.93 feet to the POINT OF BEGINNING and containing 3,492,548 square feet or 80.178 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83). DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 23 OF 42 #630791v4(FINAL) EXHIBIT "E" (Zoning Ordinance) ORDINANCE NO.2013-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001-48, AS AMENDED (ZONING CASE NO. 2013-02); REPEALING ORDINANCE NO. 2002-07, CONTAINING 68.11± ACRES OF LAND (TRACT 2) SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, 1N TIIE CITY OF WYLIE, DALLAS COUNTY, TEXAS, CURRENTLY ZONED PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT(PD2002-07-SF);AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO.2001-48 CONTAINING: (I) 80.178- ACRES OF LAND (TRACT 4) SITUATED IN TIIE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1100 AND THE GUADALUPE DE LOS SANTOS SURVEY,ABSTRACT NO. 1384, IN THE CITY OF WYLIE,DALLAS AND COLLIN COUNTIES,TEXAS, CURRENTLY ZONED NEIGHBORHOOD SERVICES DISTRICT (NS) AND AGRICULTURAL DISTRICT(AGI30)AND(II)134.135±ACRES OF LAND(TRACT 3) SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1100 AND THE GI?ADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, I\ THE CITY OF WYLIE, DALI.AS AND COLLIN COUNTIES, TEXAS, CURRENTLY ZONED AGRI('IiLTI-RAL DISTRICT(AG/30); REZONING TRACTS 2,3 AND 4, COLLECTIVELY CONSISTING OF 287.423A ACRES OF LAND, AND PLACING THE SAME IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT (PD2013-37-SF) FOR A MASTER PLANNED COMMUNITY CONSISTING OF VARIED DENSITY SINGLE FAMILY DWELLINGS; DESCRIBING TIIE TRACTS TO BE REZONED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas' ("Wylie")Comprehensive Zoning Ordinance No.2001-48.as amended,should be anjended and that Ordinance No.2002-07 should be repealed in its entirety(Zoning Case No.2013-02)as set forth herein;and WHEREAS,pursuant to a notice being duly posted according to law,the City Council conducted a public hearing wherein a request was made by MI Partners, Inc. ("Applicant")to rezone the following Property(hereinafter defined)containing:(i)68.11+acres of land(Tract 2) situated in the Guadalupe De Los Santos Survey,Abstract No. 1384,in the City of Wylie,Dallas County, Texas. currently zoned Planned Development Single Family Detached District (PD2002-07-SF)pursuant to Ordinance No.2002-07;(ii)80.178±acres of land(Tract 4)situated in the Guadalupe De Los Santos Survey,Abstract No. 1100 and the Guadalupe De Los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties,Texas,currently zoned Neighborhood Services District(NS)and Agricultural District(AGf30;and(iii)139.135± acres of land(Tract 3)situated in the Guadalupe De Los Santos Survey,Abstract No. 1100 and ORDINANCE No.2013-37(PD2013-37-SF)-DOMINION OF PLEASANT VALLEY PACE I OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 24 OF 42 #630791v4(FINAL) the Guadalupe De Los Santos Survey,Abstract No. 1384,in the City of Wylie,Dallas and Collin Counties, Texas, currently zoned Agricultural District (AG/30) pursuant to Wylie's Comprehensive Zoning Ordinance No. 2001-48, with Tracts 2, 3 and 4(containing 287.423+ acres of land)being collectively referred to herein as "Property". and placing the same in the zoning classification of Planned Development Single Family Detached District(PD2013-37-SF) for a master planned community consisting of varied density single family,said Property,as a whole,and the boundaries being more particularly described in and depicted on Exhibit"A"and Exhibit"A-I".respectively,attached hereto and incorporated herein for all purposes;and WHEREAS,the City Council has investigated and determined that the facts contained in the request are true and correct;and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law,and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled;and WHEREAS,the City Council has further investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, repeal Ordinance No. 2002-07 and rezone the Property as set forth below. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WY LIE,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: Repealing Ordinance No. 2002-07. Ordinance No. 2002-007 is repealed in its entirety and replace by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2002-07 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No.2002-007 occurring before the effective date of this Ordinance. SECTION 3: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48. Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, is hereby amended as follows: The zoning designation of the Property,and all streets,roads and alleyways contiguous and/or adjacent thereto, are hereby rezoned as Planned Development Single Family Detached District(PD2O13-37-SF). The development standards and uses for this Planned Development District shall conform to the Planned Development Standards set forth in Exhibit "B"; the Concept Plan set forth in Exhibit"C';the Open Space Plan set forth in Exhibit"D";the Conceptual Perimeter Treatment set forth in Exhibit"E";and the Paving and Right-of-Way Dimensions set forth in Exhibit"T"° Exhibits "B"thrarmh "F"are attached hereto and incorporated herein for all purposes. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, codes and regulations of Wylie,as they exist,may be amended or in the future arising. ORDINANCE No,2013-37(PD20t3-37-SF)-DOMINION or PLEASANT VALLEY PAGE 2 or 19 630464.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 25 OF 42 #63 079 1v4(FINAL) SECTION 4: No Vested Interest/Reveal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the City Council in the manner provided for by law. SECTION S: Unlawful Use of Premises. It shall be unlawful for any person,firm,entity or corporation to make use said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm, entity or corporation to construct on said premises any building that is not in conformity with the permissible uses under this zoning Ordinance. SECTION 6: Savings/Repealing Clause. Wylie's Comprehensive Zoning Ordinance No. 2001-48,as amended,shall remain in full force and effect,save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: Sevcrability. 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, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases he declared unconstitutional or invalid. SECTION 8: Penalty. Any person,firm,corporation or entity viiolating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No.2001-48,as they exist or may be amended,shall be deemed guilty of a misdemeanor,and upon conviction therefor,shall be fined in a sum not exceeding Two Thousand and No/100 Dollars(S2.000.00). Each continuing days violation 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 9: Effective Date: This Ordinance shall become effective from and after its. adoption and publication as required by Wylie's City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie,'Texas, this_day of September,2013. ERIC HOGUE,Mayor ORDLNANCE No.2013-37(PD20I3-37-SF)-DostrNioN of PLEASANT VALLEY PAGE 3 OF 19 610969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 26 OF 42 #63 079 1v4(FINAL) ATTESTED TO ANt) CORRECTLY RECORDED BY: Carole Ehrlich,City Secretary DATE(S)OF PUBLICATION: ,in the ORDLNANCE tio.2013-37(PD20I3-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 4 OF 19 610969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 27 OF 42 #63 079 1v4(FINAL) EXHIBIT"A" (Legal Description of Property) A tract of land situated In the County of Dallas,Stale of Texas,being out of the GUADALUPE OE LOS SANTOS SURVEY,ABSTRACT NO,1334,and being pans of Lots No.I and 2 of the partition of the Estate of Josiah Stone among his children,end being a pad of a 154.31 acre tract conveyed by Verna Stone el al,to B.B.Owen and H.A.Walker by deed dated July 20,1960,recorded in Volume 6386, page 242,ofthe Deed Records of Dallas County,Texas(the'154,31 acre aacr),and a part of a 1.01 acre tad conveyed by Bennie Joe Harvey to B.B,Owen and H.A.Walker by deed dated July 20,1960,recorded in Volume 5386,page 266,Deed Records of Dallas County, Texas(the`Lit acre tract'),and being more particularly described as follows: BEGINNING al an iron stake set on the Northwest R.O.W.line of Pleasant Valley Road at the Intersection of said Northwest RO,W,line of said road with the Northeast line of said 154,31 acre tract;said point being the North comer of a 3.83 acre tract conveyed to the County of Dallas for road R O.W,by deed dated February 20,1989,recorded in Volume 89050,page 0907,Deed Records of Dallas County,Texas; THENCE Southwesterly with the new Northwest R.D.W.line of Pleasant Valley Road as follows: 1 South 46 deg.50 min,West 781.11 feet; 2. South 43 deg.33 On,West,1100,5E feet; 3, South 45 deg.39 min.W99t,62.30 feet to iron Stake set in Me R.O.W.line,for corner; THENCE North 45 deg.49 min.34 sec.West across said 154,31 acre tract,1540.58 feet to an iron stake set in old fence line and In the Northwest(ne of said 154.31 acre tract for comer; THENCE North 44 rJeg-63 min.East win old fence line and said Northwest line of said 154.31 acre tract 1944.00 feat to iron stake set et base of comer post,for corner,said corner being the North corner of said 154,31 acre tract; THENCE South 45 deg.49 min.East with old fence line and the Northeast fine of said 154.31 acre tract,1528 76 feet to the Place of BeOinning,and containing approximately 68,11 acres of land. ORDINANCE NO.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 5 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 28 OF 42 #630791v4(FINAL) BEING a parcel of land located in the City of Wylie,Collin and Dallas County,Texas,a part of the Guadalupe I)e I.os Santos Survey. Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County. "Texas, and being all of that remainder of parcels of land described as First and Second Tract in deed to Groves Farms Ltd as recorded in Volume 5317, Page 5455.Official Public Records of Collin County,Texas and in Volume 2002250,Page 5070. Official Public Records of Dallas County Texas,and being further described as follows: BEGINNING at a "PK Nail" set at the east corner of said First Tract, said point being in the approximate centerline of Pleasant Valley Road (a variable width right-of-way),said point also being the north corner of a parcel of land described in deed to Michael and Dawn Strong as recorded in Volume 4512,Page 2110,Official Public Records of Collin County Texas; THENCE South 44 degrees 50 minutes 19 seconds West,6607.22 feet along the southeast line of said First Tract to a one-half inch iron rod set for corner,said point being the east corner of a parcel of land described as Tract No.2 in deed to The Ardis Family Trust as recorded in Volume 2002185,Page 4649,Official Public Records of Dallas County Texas,said point also being the west corner of a parcel of land described in deed as Tract IV to Dallas County as recorded in Volume 97014, Page 2128, Official Public Records of Dallas County Texas, said point also being the north corner of a parcel of land described in deed to Kenneth Zachary as recorded in Volume 2003124,Page 1806,Official Public Records of Dallas County Texas; THENCE along the northeast line of said Ardis Family Trust tract as follows: North 37 degrees 59 minutes 42 seconds West,99.48 feet to a one-half inch iron rod set for corner, North 08 degrees 17 minutes 42 seconds West,187.81 feet to a one-half inch iron rod set for corner, North 13 degrees 51 minutes 18 seconds East, 132.60 feet to a one-half inch iron rod set for corner, North 11 degrees 18 minutes 42 seconds West,47.80 feet to a one-half inch iron rod set for corner, North 33 degrees 08 minutes 42 seconds West,204.37 feet to a one-half inch iron rod set for corner. North 31 degrees 22 minutes 18 seconds East,65.70 feet to a one-half inch iron rod set for corner, North 07 degrees 23 minutes 18 seconds East, 131.90 feet to a one-half inch iron rod set for corner, North 14 degrees 36 minutes 42 seconds West, 176.00 feet to a one-half inch iron rod set at the north corner of said Ardis Family Trust Tract,said point being in the northwest line of said First Tract, said point also being in the southeast line of a parcel of land described in deed to Maria Martinez as recorded in Volume 83203, Page 2529, Official Public Records of Dallas County Texas; THENCE North 44 degrees 55 minutes 26 seconds East,1923.49 feet along the northwest line of said First Tract to a wood post found for corner,said point being the south corner of said Second Tract, said point also being the east corner of a parcel of land described in deed to Larry Martinez as recorded in Volume 83203, Page 2560, Official Public Records of Dallas County Texas; ORDINANCE No.20 t3-37(PID2O t 3-37-SF)—Doff IN f oN OF PLEASANT VA i.I.F.Y PAGE 6 oft 9 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 29 OF 42 #630791v4(FINAL) THENCE North 45 degrees 03 minutes 14 seconds West,254.14 feet along the northeast line of said Martinez tract to a fence post found at the west corner of said Second Tract; THENCE along the northwest line of said Second Tract as follows: North 44 degrees 31 minutes 39 seconds East,649.98 feet to a concrete monument found for corner,said point being the south corner of a parcel of land described in deeds to Wylie-F13.Ltd. as recorded in Volume 5849,Page 1774,Volume 5849,Page 1776, Volume 5849,Page 1778, Volume 5849, Page 1780, Official Public Records of Collin County Texas, and in Volume 2005024,Page 6359,Official Public Records of Dallas County Texas,said point also being the east corner of a parcel of land described in deed to Michael Fasang as recorded in Volume 2004141,Page 9931,Official Public Records of Dallas County Texas; North 44 degrees 25 minutes 51 seconds East, 2720.61 feet along the southeast line of said Wylie-FB parcel to a five-eighths inch iron rod found for corner,from which point bears North 44 degrees 25 minutes 51 seconds East,723.90 feet to a fire-eighths inch iron rod found for the east corner of said Wylie-F13 parcel, said point also being the west corner of a parcel of land described in deed to Alan and Cheryl Stufli as recorded in Volume 5822, Page 988, Official Public Records of Collin County Texas; THENCE South 40 degrees 34 minutes 09 seconds East, 173.81 feet to a one-half inch iron rod set at the south corner of said Stutf3 tract; THENCE North 44 degrees 25 minutes 51 seconds East, 762.15 feet to a"PK"Nail set at the east corner of said Stuffi tract,said point being in the northeast line of said Second Tract,said point also being in the approximate centerline of Pleasant Valley Road; THENCE South 45 degrees 04 minutes 06 seconds East, 910.23 feet along the approximate centerline of Pleasant Valley Road to the POINT Oh BEGINNING and containing 6,060,742 square feet or 139.135 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments.(Coordinate System:North Central Zone 4202 State Plane Coordinates,NAD83). ORDINANCE No.2013-37(PD2013-37-SE)-DoMmvlov of PLEASANT VALLEY PAGE 7 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 30 OF 42 #630791v4(FINAL) BEING a parcel of land located in the City of Wylie,Collin and Dallas County,Texas,a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of those parcels of land described in warranty deeds to Wylie-FB.Ltd.as recorded in Volume 5849,Page 1774,Volume 5849,Page 1776,Volume 5849,Page 1778,Volume 5849,Page 1780,Collin County Deed Records,and in Volume 2005024, Page 6359, Dallas County Deed Records, and being further described as follows: BEGIINNING at a one-half inch iron set at the north corner of said Wylie-F13 parcel of land,said corner being the intersection of the southeast right-of-way line of Sachse Road(a variable width right-of-way) with the southwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); 'TIIENCE South 45 degrees 13 minutes 21 seconds East, 1017.00 feet along the southwest right- of-way line of Pleasant Valley Road to a live-eighths inch iron rod found at the east corner of said Wylie-FR parcel of land,said point being in the northwest line of a parcel of land described in deed to Alan and Cheryl Stuffs as recorded in Volume 5822,Page 988, Collin County Deed Records; THENCE South 44 degrees 25 minutes 51 seconds West along the southeast line of said Wylie- FB parcel of land,at 723.90 feet passing a five-eighths inch iron rod found at the west corner of said Stufl3 parcel of land,in all a total distance of 31'11.51 feet to a concrete monument found at the south corner of said Wylie-FB parcel of land,said point being the east corner of a parcel of land described in deed to Michael Fasang as recorded in Volume 2004141, Page 9931, Dallas County Deed Records; THENCE North 45 degrees 13 minutes 21 seconds West_998.82 feet to a concrete monument found at the west corner of said Wylie-Fl3 parcel of land,said corner being the north corner of a parcel of land described in deed to Jorge Granados as recorded in Document Number 201200159093, Dallas County Deed Records, said corner being in the southeast right-of-way line of Sachse Road; THENCE along the southeast right-of-way line of Sachse Road as follows: North 44 degrees 25 minutes 31 seconds East,364.61 feet to a concrete monument found for corner, North 41 degrees 35 minutes 16 seconds West, 15.69 feet to a concrete monument found for corner, North 44 degrees 23 minutes 05 seconds East,3078.93 feet to the POINT OF BEGINNING and containing 3,492,548 square feet or 80.178 acres of land. BASIS OF BEARING: "Ilse basis of bearing is derived from C1PS observations using the City of Wylie geodetic monuments.(Coordinate System:North Central Zone 4202 State Plane Coordinates,NAD83). ORDINANCE No.2013-37(PI72013-37-Sn-tlo!eInor aF PLEASANT VALLEY PACE 8aF19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 31 OF 42 #630791v4(FINAL) EXHIBIT"A-I" (Legal Depiction of Property) J ti E -1f NR 4 Y a 7.ii Ja ,/ f Z4Y�z al '�,/ ,ti 5 .v N y r oLz- 1 Q Imo) r^ ' , g i y _ \E ,/ f f i .01` 1 al 4 i 9 f � d J C t 7- ,bf 0 1 Ti�/i' t� "+ - LW 11 ai I / ! °1 l!'.1 Q6ii,e �, � - I ' Sao , ,.,._ . t, , : , ..„ ,._„.__ _._ ..„,_,..,\, .\\....) i z_ ce— �1i ir ' °; r ;;TL'!, �, 9- - '' ; 1 i ' "11 ter';'+ 1ifi g r a i .r I's - I � � Y .:. q S 3 , t r_ +d / � I ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 9 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 32 OF 42 #630791v4(FINAL) EXHIBIT"B" (Planned Development Standards) EXHIBIT"B" DOMINION OF PLEASANT VALLEY PLANNED DEVELOPMENT STANDARDS COMMUNITY FRAMEWORK Dominion of Pleasant Valley will be a multi-generational conununity where an emphasis on the pedestrian experience is balanced with the conveniences of a suburban lifestyle. A variety of housing types will be provided to meet the needs of a complete life cycle.This will allow residents to move within the community as changes occur in their lives. In the Dominion of Pleasant Valley community,public and private spaces arc given equal importance. Open spaces and common areas arc interspersed throughout the community. Also,where possible,the natural features of the property are emphasized to provide for a balance within the community. GLVERALSTANDARDS I. The design and development of the Dominion of Pleasant Valley community shall take place in general accordance with the attached Concept Plan(Exhibit C). 2. The maximum density in the Dominion of Pleasant Valley community shall be 2.7 homes/gross acre. (975 homes in the planned 361.4 acre community.) 3. Lot Mix: A. A minimum of 10%of the developed lots shall be"Type A"lots.(Estimated to be 98 tots in the planned 361.4 acre community.) B. A maximum of 450 lots shall be"Type C"lots. C. The remainder of the lots shall be"Type B"lots. D. As part of each final plat submittal,a table shall be provided which indicates the number of each Type of lot for that final plat as well as a cumulative total for each Type of lot within the Dominion of Pleasant Valley community. 4. A minimum of 22%of the land within the Dominion of Pleasant Valley community shall be used as open space_ The open space shall he owned by the City and maintained by the Homeowners Association with the exception of the swimming pool area at the amenity center. A warranty deed with a legal description of each parcel of open space shall be provided to the City at the lime of the ownership transferring from the Developer to the City.The swimming pool area shall be owned and maintained by the Homeowners Association. With the exception of the swimming pool area,all other open spaces within the community shall be accessible to the public. One element of the open space shall be a community amenity center. The amenity center shall generally be located as shown on the Open Space Plan.The amenity center shall be constructed with the Est phase of the community and shall be completed prior to the issuance of a Certificate of Occupancy for any residential dwelling.Components of the amenity center shall include,at a DUMDUM],a junior Olympic size swimming pool,splash pool bathrooms,bbq grills,picnic tables, shade structures,playground equipment and an off-street parking tot. Amenities to be provided in other open spaces identified on the Open Space Plan shall include,at a minimum,2 gazebos with hbq grills and picnic tables,and 2 sets of playground equipment DOMINION OF PLEASANT VALLEY PACE 1 SEPT 11,20t3 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 10 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 33 OF 42 #630791v4(FINAL) The open space,including the community's amenity center,provided within the Dominion of Pleasant Valley community,as generally shown on the Concept Plan,shall be recognized as meeting all of the City of Wylie's acreage and/or parkland dedication fie requirements for public and/or private open space for the Dominion of Pleasant Valley community. The Developer shall coordinate with the City on the selection of type,style,location,size,etc.of all open space improvements including but not limited to:plants,trees,turll mulch,irrigation,benches. tables,pavilionsigazebos,grills playgrounds,etc.The Developer shall adhere to established Park Division equipment standards and all Open Space and Trails Master Plan recommendations. All open spaces shall he sodded,rolled,and irrigated per the City's accepted practices. All trees within the open spaces shall have tree wells and bubbler irrigation. Water meters shall be famished by the City,while backilow devices shall be furnished by the Developer. Monthly water and electrical charges for open space maintenance shall be paid for by the Homeowners Association. A"cast of improvements"shall be provided by the Developer to the City when the open space ownership transfers from the Developer to the City. R$SIDRNTLAL STANDARDS Type A Lots Type A lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or maybe amended,except as indicated below. Dimensional Standards 1, Minimum lot area:8,400 square feet. 2. Minimum lot width:70'.On cul-de-sacs and/or elbows,the minimum lot width shall be 60'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth:120'.On cul-de-sacs and/or elbows,the minimum lot depth shall he 100'. 4. Minimum front yard:25'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard:5'. The minimum side yard on a confer lot adjacent to a street shall be 15'.If a garage is accessed from a side street,the minimum setback for the fare of the garage shall be 25'. 6, Minimum rear yard:20'for the primary structure,Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area:No more than 50%between 2,500 and 3.000 sq.ft.and 50%must be greater than 3,000 sq.ft. S. Maximum lot coverage:45% 9. Maximum height:2 L2 stories or 40'for the main building. 10.Aminimum of 2 off-street parking spaces shall be provided on each single family lot, Type B Lots DOMINION OF PLEASANT VALLEY PAGE 2 SEPT 1 1.2113 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 11 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 34 of 42 #630791v4(FINAL) Type B lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended,except as indicated below. Dimensional Standards I. Minimum lot area:7,200 square feet. 2. Minimum lot width;60'.On cul-de-sacs and/or elbows,the minimum lot width shall be 50'.The minimum street frontage for all Iota at the front property line shall he 30'. 3. Minimum lot depth:120'.On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard:20'. An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard:5'. The minimum side yard on a comer lot adjacent to a street shall be 15'.If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard;25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area:No more than 50%between 2,250 and 2,750 sq.fl.and 50%must be greater than 2.750 sq.ft. 8. Maximum lot coverage:45%. 9. Maximum height:2 1:2 stories or 40`for the main building. I0.A minimum of 2 off-street parking spaces shall be provided on each single family lot. Type C Lots Type C lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended,except as indicated below. Dimensional Standards 1. Minimum lot area:6,000 square feet. 2. Minimum lot width:50'.On cul-de-sacs and/or elbows,the minimum lot width shall be 40'.The minimum street frontage for all Iota at the front property line shall be 30' 3. Minimum lot depth:120'.On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard:20'.An unenclesed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard:5'. The minimum side yard on a comer lot adjacent to a street shall he 15'.If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard:25'for the primary structure. Accessory,structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area:No more than 50%of the dwellings shall be between 2,000 sq.ft.,and 2,400 sq.0. The remaining 50%of the dwellings shall be greater than 2,400 sq.II. 8. Maximum lot coverage:50%. 9. Maximum height:21/2 stories or 40'for the main building. l0.A minimum of 2 off-street parking spaces shall be provided on each single family lot. Residential Architectural Standards 1. Plate heights in houses shall be no less than 9'for the fest floor and 8'for the second or higher floor. 2. The front facade of each house shall contain architectural detailing to include at least two of the fallowing: A. A front porch,as defined in No.7 below. DOMINION OF PLEASANT VALLEY PAGE SEPT11.31.13 ORDINANCE No.2013-37(PD2013-37-SF)-DONIINION OFPLEASANT VALLEY PAGE 12 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 35 OF 42 #630791v4(FINAL) B. Decorative gable feature. Such a feature may be delineated with complimentary building materials or differing laid pattern,or combination thereof. C. Decorative door,window,and/or opening hotels.Such a feature shall be delineated with complementary building materials. 1}. Complimentary building material wainscoting. F. AsicwiWows or dormers. F. Window shutters. The shutters shall be sized to match the window sash. Examples of the above are shown on Attachment 1. 3. A"sense of arrivaf'shall be created at a house's primary entrance.This can be done with,but not limited to,any two or number of the following: A A front porch. B. Oversized openings for a recessed front door. C. Complimentary building materials to accent the entryway. D. Decorative front door. E. Enhanced primary walkway paving using earth-tone colored concrete(stain mixed in,not applied after),stamped pattern concrete,or brick/pave stone. Examples of the above are shown on Attachment 2. 4. Architectural repetition:7 lots skipped before repeating same floor plan and elevation. 5. A minimum of 25%of the home's street façade shall be offset from the remainder of the facade by at least 2'. 6. All of the homes shall have at least one front elevation option which includes a front porch incorporated into the home's front elevation. 7. Front porches:A front porch shall have a minimum depth of 6'and a minimum width of 10'(60 square feet minimum). Front porches shall have tailings and columns. 'the railings and columns shall be architecturally compatible with the house's front facade. 8. A hip roof which faces the street and which comprises greater than 35"v of the total width of a house's façade shall he broken up with dormers or other architecturally compatible appurtenances. 9. Lighted house number wall plaques shall be provided on the front of all homes. 10.Exterior facade material:The homes shall be constructed with 100%masonry.Masonry shall include brick,stone.masonry stucco,and hardy plank.In no instance however shall hardy plank comprise more than 209'0 of any individual facade of the home. 11.Chimneys shall he enclosed with masonry matching the exterior walls.Chimneys shall not be clad in hardy plank unless it can be shown that such material is needed from a structural perspective (chimney extending through a roof)or from an architectural perspective. 12.All trim,siding,ceilings.and garage doors on the front facades shall be painted two contrasting colors to achieve an architecturally enhanced appearance.An example is,trim to be painted one color and side surfaces and garage doors to be painted a second color. 13.Roof pitches shall be minimum 8:12 for main gables and hips.Dormer roofs and roofs over porches may have a lesser pitch. 14.Roofing materials shall be either,architectural grade overlap shingles,tile,or standing seam metal. Wood shingles shall be prohibited.Vents and other roof appurtenances shall he painted to match the roof's color. 15.All of the homes shall have at least one front elevation option which includes two single-car garage doors versus one two-car garage door. 16.Garage doors:Garage doors may face a public street. Garage doors facing the street shall comprise no more than 45%of the total width of a house's facade. 17.Garage doors shall be carriage style in appearance.This shall be accomplished with the following:. DOMINION OF PLEASANT VALLEY PAGE 4 SEPT 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OE PLEASANT VALLEY PAGE 13 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 36 OF 42 #63079 1 v4(FINAL) A. Garage door panels shall be wood clad or have the appearance of wood. B. Decorative hardware shall be attached to the garage doors.Such hardware shall include handles and hinges in a complimentary color. Examples of the above are shown on Attaclrrnent 3. 18.Carports are prohibited for homes with front entry or swing garages. 19.Fencing:Fencing located in the front of a house shall have a maximum height of 4'and shall have a minimum of 50%of the fence face area transparent.Fencing along the side or rear property lines of a lot,including when a side or rear property line is adjacent to a street shall have a maximum height of 8'and be constructed of wood with metal poles and the fence's rails facing to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited.) 20.Board un board fence construction,with the fence's rails facing to the inside of the lot,shall be done on all corner lots where the fence is adjacent to a street. Additionally,the visible fencing shall be stained to a uniform,neutral brown color,throughout the Dominion of Pleasant Valley community. 21.Tubular steel or wrought-iron type fencing shall be required on all single family lots adjacent to open spaces,greenbelts,and parks referenced on the Open Space Plan(Exhibit D). 22,Landscaping:Sodded front yards with a minimum 2 3"caliper trees and 5 shrubs shall be provided for each home,Enhanced landscaping along the home's primary walkway shall also be provided. When automated,subsurface irrigation systems are provided.rain sensors shall be installed and operational. 23,Outdoor lighting:Entrances to homes and garages shall be illuminated. 24.ConservatiouiSustainability:All homes shall comply with the Energy component of the Wylie Building Code. COMMUNITY DESIGN STANDARDS I. Public open space easements:30'wide buffer with a minimum 8'wide trail to the rear of houses beside the open space and perpendicular from a street 2. Perimeter screen along Sachse Road and Pleasant Valley Road shall he provided as generally shown on Exhibit E(Conceptual Perimeter Treatment).More specifically,a minimum 6'tall board-on- board cedar fence shall be provided to screen the adjacent homes from the roadways.The fencing shall have metal poles and masonry columns spaced every 50'. The fence's rails shall face the inside of the lot, Additionally,the fencing shall be stained to a uniform,neutral brown color and be maintained by the Homeowner's Association In conjunction with the fencing,shrub plantings shall be provided. 3. Perimeter buffer,trails,and landscape:A minimum 40'buffer shall be provided along Sachse Road and Pleasant Valley Road. Amixture of large/shade,and srnall ornamental trees shall he provided within the 40'buffer. The trees shall be planted in natural groupings versus being evenly spaced.A minimum 8'wide concrete trail shall meander through the buffer as generally depicted on Exhibit E (Conceptual Perimeter Treatment). 4. Furnishings along trails:Benches with backs shall be provided and spaced appropriately when adjacent to open space. Decorative paving and cross-walks at street connectors shall also be provided. 5. Curvilinear streets:A minimum of 25%of the streets within the community shall have a curve between 3 and 23 degrees. 6. Entry features and medians:Architectural features on stone screening walls or stone monuments shall be located within a landscaped median to the first cross street Decorative paving shall be provided in the cross-walk. DOMIMOE OF PLEASANT VALLEY PACE 5 SEPT 11,2013 ORDINANCE NO.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 14 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 37 OF 42 #63 0791v4(FINAL) 7. Signage at community entries:Community identification shall be incorporated into the screening wall or monument located at the community entrances.The sign shall be illuminated by means other than street lights_ 8. Sidewalk locations:5'sidewalks shall be provided on both sides of a street, 9. Mailboxes:Mailboxes shall be paired at the common properly line of two lots. They shall be a uniform style,selected by the developer,and shall he stylistically,consistent throughout the Dominion of Pleasant Valley community. A number plaque shall be provided on the mailbox. 111.Sidewalk lighting:Upgraded decorative street pole lighting shall be provided throughout the community.The poles shall have solar controls and be spaced every 250'-350•and at intersection at mid-block. 11.Alleys:Alleys shall not be required. 12.Community buffer yards,entryway treatments,and landscaping shall be designed,developed,and maintained in accordance with the standards established in the Wylie Zoning Ordinance unless otherwise identified in those requirements. 13.A Landscape Plan shall be provided in conjunction with the preliminary plat.Such a plan shall comprehensively address edge treatments such as perimeter screening and landscaping and primary and secondary community entrances. 14.Community Streets:Streets within the Dominion of Pleasant Valley community shall dedicate right- ofway and be built to the paving widths and thicknesses as identified on Exhibit F(Paving and Right-of-Way Dimensions). Roadway Impact Fees shall he paid for the Dominion of Pleasant Valley community's impact on Ballard Avenue and Pleasant Valley Road. No other financial obligations with respect to these roads shall he required. DoMeoN OF PLEASANT VALLEY PACY.(i Seer 11,2013 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 15 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 38 OF 42 #630791v4(FINAL) Ilielirr4M-IIIMIMIII1Mrla,‘IfrOB ----- Ai.OMEN rAm ittar7 MN 7:-Int,--11 WNW ULLA ear 400611•112211111F-- -tittlill Ain IL N§7154 VIM A MINI reihdti V -- ,,... .41.411. ":1X\---IN----- __111111M1 eti 4r4.1.10NNPIII.__MIN iv , ,,iip 0 I._ "miml N SF ol:V, ite 2.:-.011111111111 • ;, 1. - is aw mimffw__mi%t1024kfr,ir '' IMIlimit, Nit' Am* / . _ !AO= IIIII Mill 4 ri, _'- '-i: wr•-,._ ' _ . _ EMI " / / *Up -(s limaim on me ma Isin•iimii..1.0:-._,.. ..: - immi•••.• _ _ 11111•111111 . -_ ___ _______. ,,___.. i.. -"MONISM - ; - 11111111111AM a . -........a.unmaiummosummomammin 7--inglip 1 ili •, , _ f \\ 1 itic , , 1 Hri 1 'Lk I , \ v i . , . -,. . .. 44 0,M il - • III I Ai I 1 -I-1 ,. _-- , •,, _ tr: II A • .-• -, Ina . Mpitkot. ----e: •- _ - tibia a JOb. ...,. I ___ .urn Ro ou - MOE DOMINION OF ATTACHMENT 1 PLEASANT VALLEY WYLIE,TEXAS 'XT MISita JEll. . .• - -- -- . r- IF • •-••• 466.114! f',1.e7'UN .• I: :-.. ... t, 1 I alas. c ,' 011,,D•ir I. 4 ipoz , _ -..., II 4 , - ,i 1,.)-1 1 W ( I • 1•40 • • ro 4119 pi II " . A • , % 3 a _ . ,•• • _ .... . • _ J ',IN•liallhim Ihi.ihr. .._ ..' . - -• -14111 ------ .= , • Wpww.1 _ til. "1411 ,----.4 ...,( ..:, 1....IJ 1 _._ _ iiii retrirms OM _._ ii , P , _ .2Litel .,itie ,-.• • _ . 7,-,- ( . r , L _ .iiii..... ._ . , ----.4400--• , _....t.,,, • • , • 1 0 I . , -, •• -1 r''% , • i , no „, _ „.. • 0 'PI , ____ ____ • a ... a --....- • 1 It ,,,,. Air im Mr: t '''.:... *.lt. ' ' '0...i IM ,'.',^7::1"*" g, •.4%, -- os, . -- 1 fr7i ,——' DOMINION OF PLEASANT VALLEY ATTACHMENT 2 wyuE,TEXAS 13Cr 29.4111 JBI .__rm•Mr. ,t• i f I• ftmain • IP a p ry■ 151111110 IIIIIIMI ID Mliil PRIMA PO PM I MIN )) 4550 110111111 11.1•11111111O �.- UMW ISM. • rEM MINIM yi• ,eZ_ Sligl ii 9 \ 3 • ----- 1 . li Lei �, mtsk iIUI!iIuIIuuhII!I!IP:Iq '• • PiiiUG1'17IUUI!ilflh«�hIiiiilrii:giiiiiiiiii IMINUIll ll! MI RIES :� I~. MIMI NNE MP= La atimil MI I«■ LI • som .▪.•sm. I IMP N NE NW II ,�I I to maEd IIM I II iMill rig Pt DOMINION OF PLEASANT VALLEY ATTACHMENT 3 WYLIE,TEXAS tia29,mu JBI . EXHIBIT"C" (Concept Plan) 0 „ _lui , 1:1 it c. 4 ,,i/ i/r,f----7i ----__._.__ r_„,,,, (=,.,, 't,z _ g < a _ ,, ,_ ___:,. .,,, ,,,„ ,,,, „ _. , , i„,,,,,. \iii, 7,...c, , . , ,. .i„,„i _ ,, ,,,,,, ,v /1y,, ,,,,, _„ __,_ __, El --'-'-- de/ "%i\N\s-,.- 1 oP ___-------)- - ' i \ /-- o h / :: �; � bP e W 2 0 (' I 11 , L. 1 L. � -,-, 7 _ ,, ! 1. , • 0 1 , , ‘1,_ 1 1 , c;-__ , YJ f `yrx , r [kg - i ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 16 OF 19 630969.1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 39 OF 42 #630791v4(FINAL) EXHIBIT"D" (Open Space Plan) V , _ . 1 .: A �n_ box i � . " .fir � ( 1 l ji \ r A 7 �� 1 Ae ,L____' y . Mii '',7.;"-- // .. * -----_-_-L,,, '''''t 'i - F-> ---': Illii :N-:/"' ' ) . I j;. ifr;.1----716-1- 1,_ ''_ ' 111- a 7_7. ..:„.,7,-41'‘.',' \\\\.\\--th, 11 MO; i 1 _,../A‘ , '/______,_____ i --- ,. ..1 (t 1. .,=---_•=, ,, ,,,,, ,. -::„,,,,,,„,,,1 � _ IL: i: .1-I III i li nlitI. z v'''''' 11::::77 il,:' ' ::::::::::1' '.._ 9 [ -.._A,,,_ ,/,' i :N 'A , V 171/* ' a 03 ilkh • % NQaa¢ • • • hOhNM /. s 4� .d , ua u_ g Q 4 n - C 0 w? Gown - C h L °O a,* '11000 03 ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 17 OF 19 630969-1 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 40 OF 42 #630791v4(FINAL) * d oc 0 `. b ay I'yyyCOyyy ne ` ' - NOTE:PERIMETER SCREENING SHALL I[/:!�7 LANDSCAPE EGLITTER BE ROARR-ON-BOARB CEDAR FENCING. TAD FENCING SHAL L BE AT LEAST S' TALL AND SHALL SE STAINED WITH A � my + ! iEE CONSISTENT COLOR.THE FENCING 4 4F SHALL HAVE METAL POLES.MASONRY trJ H 4 COLUMNS SHALL BE SPACED EVERTED'. Z 0 SHRV@S AI NATURAL STONE G01UMN3 ,S.NT.ROARDAN-BOARD ORNAMENTAL THE BACK SIDE OF THE FENCE SHALL Mi GGROUPMG3 f 5VOC 'tEQAR FENCE f £_ TREE BE ON THE LOT SIDE.THE FENCE SHALL F-� BE MAINTAINED BY THE RDA. Z Z am LANp3OABE— : ' v/ I r S--ASTONEOLMN . d • @FER • TT"' _ GURVPE4RORDd ��s�Fy HCEQpRTENCE d +'^ O ' iiI (a WIDE ORNAMENTAL SNIDE TREE il''W SYQEYALLTRAIL TREE nz °PLAN.VIEW-TYPICAL LANOSCPPEBUFFEEI y '.q. °SECTION-TYPICAL LANDSCAPE BUFFER p r CI �9c re O o STOME COLUMN ..Y Y aPNET 1 RTGKE COLUW �i F7 �MINw'dG � _ . 'b r� ' -� ek ,:f �MNBB'O�G. El tei d i f �orOic,— 1 ',N63 f P7 ° ,- 1. '+ + kvi - RI r i t'a�" rIo- NJ ,,, Ki. I a'II di :: F , 4 1 t 1 �II 111 ° yl:A ■ - ti 0 L YI ) 4.`' .i 11 fr'�I ,�� G 1 1�III 1��I��1Y I,_ y I .A"•:I �>r c° �11111�I��I' � � �� ..I MINI��'I ra -c: ��+"y�I _� "�! 7' F ..MIN O.0 4 SOARDON-BOARD CEDAR SHRUBS IN NATURAL y ID 5. O lIARSTIDN•�LANDSCAPE FENCE GROUPINGS m ` MI ;' i F 4,. ORNAMENTAL TREE .. re sxA➢ETRtE ti "" ` 41 wIE ITTt .3. r 'Alb = ''IyE '}� . n ii/u.COLUMN`B .: p7}CT"�'"TE.. i.',t'X, }_�1. y7 y • irx� MASONRY WALL - S" �. r=''d Y.�3��tG"t�N'a .1.$r_a 3 _ f.Y WV' (�+ip [ii;, • r II,. 4P. 4 - k S-PLEASANT'VALLEY 4w #®pE I A .$Il' R. r '': QEIEVAIWNIPRKINTY PROJECF ENTEVFYCE: I STONE ENTRANCE AOlI ' SIGNAGE I 1 ' RAISED PLANTER 'I , '...F,...m 'CI DOMINION OF PLEASANT VALLEY rt CONCEPTUAL PERIMETER TREATMENT WYLIE TEAS co EXHIBIT E 0 m 4.4 tt A I-+ O A N EXHIBIT"F" (Paving and Right-of-Way Dimensions) �� -.um r.11iiN�li. . . J F Lr . , •i 7.±+ a • .....-~ 1 F Z r W '• v. 1 1 � — .•• \/ '' a f Y - 1 �' I % r i Pi— i � +r- ,p',, • � ' � � — � , ; :% ! __. :• • u) t 1 1 0 1 •••. '.•.• 1.., .,x1- ,• 1 z- , t., W 2 11r -'" ��- .,.,C 1 ti .:n f • . L ‘ , i + 1 \ 0 — +! L "t 1 HT = - �r • �....� CI— I Z CD -,• - lia - a ammi !6§t : , 11: . i 6 6 iG ¢ IN WNq .. '1 I: I co r v ORDINANCE No.2013-37(PD2013-37-SF)—DOMINION OF PLEASANT VALLEY PAGE 19 OF 19 6309691 DEVELOPMENT AGREEMENT(PENDING ANNEXATION)-DOMINION OF PLEASANT VALLEY PAGE 42 OF 42 #630791v4(FINAL) 6c`t °F liv1—"":1.%\ ( :re/:"° rr* Wylie City Council � ` AGENDA REPORT OaNC X yyY �(tl4 + -1887. dr 'art or Mt..- Meeting Date: September 24,2013 Item Number: 2. Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: September 16,2013 Budgeted Amount: Financial Management Exhibits: Policies Subject Consider, and act upon, approving the Financial Management Policies. Recommendation Motion to approve the Financial Management Policies. Discussion The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The basis for the City's Financial Management Policies includes integrity,prudent stewardship, planning, accountability and full disclosure. The scope of the policies spans accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, expenditure control and debt management. The current Financial Management Policies were approved September 25, 2012. Changes have been made to update operating budget preparation, usage of 4B sales tax revenue, Utility Fund reserve policy, purchasing topics,prepaid expenditures, and debt management. Changes may be seen in Sections IV-A, VI-J and P, VII- F, G and J and Section X-A. Page 1 of 1 FY2013-14 City of Wylie Financial Management Policies Prepared by the Finance Department TABLE OF CONTENTS I. PURPOSE STATEMENT II. ACCOUNTING,AUDITING AND FINANCIAL REPORTING A. Accounting B. Funds C. External Auditing D. External Auditors Responsible to City Council E. External Auditors Rotation F.External Financial Reporting III. INTERNAL CONTROLS A. Written Procedures B. Internal Audit C. Department Managers Responsible IV. OPERATING BUDGET A. Preparation B. Balanced Budgets C. Planning D. Reporting E. Control F. Performance Measures and Productivity Indicators V. CAPITAL BUDGET AND PROGRAM A. Preparation B. Control C. Program Planning D. Alternate Resources E. Debt Financing F. Street Maintenance G. Water/Wastewater Main Rehabilitation and Replacement H. Reporting VI. REVENUE MANANGEMENT A. Simplicity B. Certainty C. Equity D. Administration E. Revenue Adequacy F. Cost/Benefit of Abatement G. Diversification and Stability H.Non-Recurring Revenues I.Property Tax Revenues J. Parks and Recreation 4B Sales Tax Revenues K. User-Based Fees L. Impact Fees M. General and Administrative charges N. Utility Rates 2 O. Parks and Recreation 4B Fund Balance P.Utility Fund Balance Q. Interest Income R. Revenue Monitoring VII. EXPENDITURE CONTROL A. Appropriations B. Contingency Account Expenditures C.Vacancy Funds D. Central Control E. Purchasing F.Professional Services G. Contract Authority H. Prompt Payment I. Information Technology J. Prepaid Expenditures VIII. ASSET MANAGEMENT A. Investments B. Cash Management C. Investment Performance D. Fixed Assets and Inventory IX. FINANCIAL CONDITON AND RESERVES A.No Operating Deficits B. Interfund Loans C.Fund Balance Policy D. Risk Management Program E. Loss Financing F. Enterprise Fund Self-Sufficiency X. DEBT MANAGEMENT A. General B. Self-Supporting Debt C. Analysis of Financing Alternatives D. Voter Authorization XI. STAFFING AND TRAINING A. Adequate Staffing B. Training XII. GRANTS FINANCIAL MANAGEMENT A. Grant Solicitation B.Responsibility XIII. ANNUAL REVIEW AND REPORTING A. Annual Review B. Reporting 3 I. PURPOSE STATEMENT The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council- Manager form of government established in the City Charter. The watchwords of the city's financial management include integrity,prudent stewardship,planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the city's day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting internal controls, operating and capital budgeting,revenue management, cash management, expenditure control and debt management. II. ACCOUNTING,AUDITING,AND FINANCIAL REPORTING A. ACCOUNTING - The city's Assistant Finance Director is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS - Self-balancing groups of accounts are used to account for city financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council. C.EXTERNAL AUDITING-The city will be audited annually by outside independent auditors. The auditors must be a CPA firm of national reputation, and must demonstrate that they have the breadth and depth of staff to conduct the city's audit in accordance with generally accepted auditing standards, generally accepted government auditing standards,and contractual requirements. The auditors' report on the city's financial statements including any federal grant single audits will be completed within 120 days of the city's fiscal year end, and the auditors' management letter will be presented to the city staff within 150 days after the city's fiscal year end.An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The city staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL —The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the city staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. E. EXTERNAL AUDITOR ROTATION - The city will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. F. EXTERNAL FINANCIAL REPORTING - The city will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and possibly awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and 4 presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely reporting. In such case,the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES - The Finance Director is responsible for developing city-wide written guidelines on accounting, cash handling, and other financial matters which will be approved by the City Manager. The Finance Department will assist department managers as needed in tailoring these guidelines into detailed written procedures to fit each department's requirements. B. INTERNAL AUDIT - The Finance Department may conduct reviews of the departments to determine if the departments are following the written guidelines as they apply to the departments. Finance will also review the written guidelines on accounting, cash handling and other financial matters. Based on these reviews Finance will recommend internal control improvements as needed. C. DEPARTMENT MANAGERS RESPONSIBLE - Each department manager is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented, and that all independent and internal auditor internal control recommendations are addressed. IV. OPERATING BUDGET A. PREPARATION - The city's "operating budget" is the city's annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation Debt Service Fund, but excluding capital projects funds. The budget is prepared by the City Manager with the assistance of the Finance Department and cooperation of all city departments. The City Manager transmits the document to the City Council. The budget should be presented to the City Council no later than August 5 or a date to be determined by the City Council, and should be enacted by the City Council prior to fiscal year end. The operating budget will be submitted to the GFOA annually for evaluation and possible awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGETS -An Operating budget will be balanced, with current revenues, exclusive of beginning resources, greater than or equal to current expenditures/expenses. C. PLANNING-The budget process will be coordinated so as to identify major policy issues for City Council. D. REPORTING-Periodic financial reports will be prepared to enable the department managers to manage their budgets and to enable the Budget Manager to monitor and control the budget as approved by the City Council. Monthly financial reports will be presented to the City Council. Such reports will include current year revenue and expenditures. E. CONTROL-Operating Expenditure Control is addressed in Section VII of the Policies. 5 F. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS — Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting process. V. CAPITAL BUDGET AND PROGRAM A. PREPARATION - The city's capital budget will include all capital projects funds and all capital resources. The budget will be prepared annually on a fiscal year basis and adopted by ordinance. The capital budget will be prepared by the City Manager with assistance from the Finance Department and involvement of all required city departments. B. CONTROL - All capital project expenditures must be appropriated in the capital budget. Finance must certify the availability of resources so an appropriation can be made before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING - The capital budget will include capital improvements program for future years. The planning time frame should normally be five years. The replacement and maintenance for capital items should also be projected for the next five years at a minimum. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. D. ALTERNATE RESOURCES - Where applicable, assessments, impact fees, or other user- based fees should be used to fund capital projects which have a primary benefit to certain property owners. E. DEBT FINANCING - Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued.When debt is issued,it will be used to acquire major assets with expected lives that equal or exceed the average life of the debt issue. The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F. STREET MAINTENANCE - The city recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore, the City's goal is to allocate a portion of the General Fund budget each year to maintain the quality of streets. The amount will be established annually so that repairs will be made amounting to a designated percentage of the value of the streets. G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT - The city recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the City's goal will be to dedicate an amount equal to at least 1 % of the undepreciated value of infrastructure annually to provide for a water and wastewater main repair and replacement program. H. REPORTING-Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the finance department to monitor the capital budget as authorized by the City Manager. 6 VI. REVENUE MANAGEMENT A. SIMPLICITY - The city will strive to keep the revenue system simple which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. The city will avoid nuisance taxes, fees, or charges as revenue sources. B. CERTAINTY - An understanding of the revenue source increases the reliability of the revenue system. The city will try to understand its revenue sources, and enact consistent collection policies so that assurances can be provided that the revenue base will materialize according to budgets and plans. C. EQUITY -The city will strive to maintain equity in the revenue system structure. That is, the city will seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities and customers. However, it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D. ADMINISTRATION - The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness as a part of the indirect cost, and cost of services analysis. E. REVENUE ADEQUACY - The city will require that there be a balance in the revenue system. That is, the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service,willingness to pay, and ability to pay. F. COST/BENEFIT OF ABATEMENT - The city will use due caution in the analysis of any tax, fee, or water and wastewater incentives that are used to encourage development. A cost/benefit (fiscal impact) analysis will be performed as a part of such analysis and presented to the appropriate entity considering using such incentive. G.DIVERSIFICATION AND STABILITY - In order to protect the government from fluctuations in revenue source due to fluctuations in the economy, and variations in weather (in the case of water and wastewater), a diversified revenue system will be maintained. H. NON-RECURRING REVENUES - One-time revenues will not be used for ongoing operations.Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. I. PROPERTY TAX REVENUES -Property shall be assessed at 100% of the fair market value as appraised by the Collin County Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. A 100% collection rate will serve as a minimum for tax collection. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by State law, and in accordance with the attorney's contract. Annual performance criteria will be developed for the attorney regarding the collection of delinquent taxes. 7 J. PARKS AND RECREATION 4B SALES TAX REVENUE -Parks and Recreation 4B sales tax revenue shall supplement but not supplant the funding for the Parks and Recreation System in the General Fund and the Recreation Fund. K. USER-BASED FEES - For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be an annual review of fees and charges to ensure that fees provide adequate coverage of costs and services. User charges may be classed as "full cost recover," "partial costs recover," and "minimal cost recovery," based upon City Council policy. L. IMPACT FEES - Impact fees will be imposed for water, wastewater, and transportation in accordance with the requirements of State law. The staff working with the particular impact fee shall prepare a semi-annual report on the capital improvement plans and fees. Additionally, the impact fees will be re-evaluated at least every three years as required by law. M. GENERAL AND ADMINISTRATIVE CHARGES - A method will be maintained whereby the General Fund can impose a charge to the enterprise funds for general and administrative services (indirect costs) performed on the enterprise funds'behalf. The calculation will be based upon the percentage of personnel time and other resources attributed to the Enterprise Fund by each department of the General Fund. The details will be documented and said information will be maintained in the Finance Department for review. N. UTILITY RATES - The city will review utility rates annually and, if necessary, adopt new rates to generate revenues required to fully cover operating expenditures, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital needs. This policy does not preclude drawing down cash balances to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. O. PARKS AND RECREATION 4B FUND BALANCE - The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The city's goal will be to maintain the Fund Balance at 25% of the annual Parks and Recreation 4B sales tax budgeted revenue. P. UTILITY FUND BALANCE - The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It may not be used for any other purpose. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund Balance at 90 days of budgeted expenditures. Q. INTEREST INCOME -Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the operating and capital budgets which, wherever possible, will be in accordance with the equity balance of the fund from which monies were provided to be invested. R. REVENUE MONITORING - Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. 8 VII. EXPENDITURE CONTROL A. APPROPRIATIONS - The level of budgetary control is the department level budget in the General Fund, and the fund level in all other funds. When budget adjustments (i.e., amendments), among departments and/or funds are necessary these must be approved by the City Council. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. CONTINGENCY ACCOUNT EXPENDITURES - The General Fund Contingency Account will be budgeted and approved by the City Council as a part of the budget process. The City Manager must approve all contingency account expenditures. C. VACANCY FUNDS — Savings from position vacancies will be reviewed as a part of the midyear budget amendments and savings will be either allocated to other accounts by Council approval or become unbudgeted funds to add to the ending fund balance. D. CENTRAL CONTROL - Significant vacancy (salary) and capital budgetary savings in any department will be centrally controlled by the City Manager. E. PURCHASING - All purchases shall be made in accordance with the city's purchasing policies as defined in the Purchasing Manual. Authorization levels for appropriations previously approved by the City Council in the Operating Budget are as follows: Below Directors $500.00, for Directors up to $1,000, for Purchasing Agent up to $3000.00, for Finance Director up to $7,500.00. The City Manager can authorize expenditures over $7,500.00 with any purchases exceeding$50,000.00 to be approved by the City Council. F. PROFESSIONAL SERVICES - Professional services contracts will be coordinated through the purchasing agent in compliance with statutory regulations. G. CONTRACT AUTHORITY—By statute, contracts greater than or equal to $50,000.00 must be approved by Council, after which either the Mayor or the City Manager may then sign any necessary documents. By ordinance, contracts less than$50,000.00 may be authorized and signed by the City Manager,provided there is an appropriation for such contract. Signature authority for contracts equal to or less than $1,000 has been delegated by the City Manager to the purchasing agent. H. PROMPT PAYMENT - All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the city's investable cash, where such delay does not violate the agreed upon terms. I. INFORMATION TECHNOLOGY - Certain information technology acquisitions will be centrally funded from the Information Technology Division. Acquisitions from this division may include all related professional services costs for researching and/or implementing an information technology project. Annual funding for replacements and for new technology will be budgeted in the IS department with the exception of the Utility Fund. Additional funding above the base amount may be provided for major projects with available one-time sources including debt proceeds and/or grants. 9 J. PREPAID EXPENDITURES — Final determination of expenditure coding in the General Ledger will be assigned to the Finance Department. Expenditure coding must remain consistent. Purchased items must fit the description of the line item they are being charged to. Amounts of $5,000 or more paid in advance or across budget years will be coded as prepaid items and charged to the next budget year. Department Directors are responsible for budgeting and paying these items accordingly. VIII. ASSET MANAGEMENT A. INVESTMENTS - The city's investment practices will be conducted in accordance with the City Council approved Investment Policies. B. CASH MANAGEMENT - The city's cash flow will be managed to maximize the cash available to invest. C. INVESTMENT PERFORMANCE - A monthly report on investment performance will be provided by the Finance Director to the City Manager for presentation to the City Council. D. FIXED ASSETS AND INVENTORY - These assets will be reasonably safeguarded, properly accounted for,and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS - Current expenditures will be paid with current revenues. Deferrals, short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves will be used only for emergencies on non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B. INTERFUND LOANS - Non-routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council. At the time an interfund loan is considered, a plan to repay it prior to fiscal year end shall also be considered. A fund will only lend money that it will not need to spend for the next 365 days. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Loans will not be made from the city's enterprise funds (Water/Wastewater, etc.), except for projects related to the purpose of the fund. Total interfund loans outstanding from a fund shall not exceed 15% of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. C. FUND BALANCE POLICY 1. Committed Fund Balance The City Council is the City's highest level of decision- making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the Council at the City's Council meeting. The resolution must either be approved or rescinded, as applicable,prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. 2. Assigned Fund Balance — The City Council has authorized the City Manager as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. 10 3. Order of Expenditure of Funds — When multiple categories of fund balance are available for expenditure, the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds. 4. Minimum General Fund Unassigned Fund Balance — It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. 5. Minimum Utility Fund Balance —The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund ending Fund Balance at 90 days of budgeted expenditures. 6. Minimum Parks and Recreation 4B Fund Balance — The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The City's goal will be to maintain the Parks and Recreation 4B Fund ending Fund Balance at 25% of budgeted 4B sales tax revenues. D. RISK MANAGEMENT PROGRAM - The city will aggressively pursue every opportunity to provide for the public's and city employees' safety and to manage its risks. E. LOSS FINANCING - All reasonable options will be investigated to finance losses. Such options may include risk transfer, insurance and risk retention. Where risk is retained, reserves will be established based on a calculation of incurred but not reported claims, and actuarial determinations. Such reserves will not be used for any purpose other than for financing losses. F. ENTEPRISE FUND SELF-SUFFICIENCY - The city's enterprise funds' resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses, in-lieu-of-property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses,then the City Council may waive general and administrative expenses, in-lieu-of-property taxes and/or franchise fees until the fund is able to pay them. The City Council may pay out-of-pocket expenses that a fund is temporarily unable to pay with interfund loans, to be repaid at a future date. X. DEBT MANAGEMENT A. GENERAL -The city's borrowing practices will be conducted in accordance with the prudent industry practices and subject to City Manager approval. B. SELF-SUPPORTING DEBT - When appropriate, self-supporting revenues will pay debt service in lieu of tax revenues. C. ANALYSIS OF FINANCING ALTERNATIVES - The city will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees,and use of reserves or current monies. 11 D. VOTER AUTHORIZATION - The city shall obtain voter authorization before issuing General Obligation Bonds as required by law. Voter authorization is not required for the issuance of Revenue Bonds. However,the city may elect to obtain voter authorization for Revenue Bonds. XI. STAFFING AND TRAINING A. ADEQUATE STAFFING- Staffing levels will be adequate for the fiscal functions of the city to function effectively. Overtime shall be used only to address temporary or seasonal demands that require excessive hours. Workload scheduling alternatives will be explored before adding staff B. TRAINING - The city will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating, teaching, and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. XII. GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION - The City Manager will be informed about available grants by the departments and will have final approval over which grants are applied for. The grants should be cost beneficial and meet the city's objectives. B. RESPONSIBILITY - Departments will oversee the day to day operations of grant programs, will monitor performance and compliance, and will also keep the Finance Department and Purchasing informed of significant grant-related plans and activities. Departments will also report re-estimated annual revenues and expenses to the Finance Department as needed. Finance Department staff members will serve as liaisons with grantor financial management personnel, will prepare invoices, and will keep the books of account for all grants. All goods and services obtained through grants are subject to City purchasing policies and must be coordinated with the purchasing agent. XIII. ANNUAL REVIEW AND REPORTING A. These Policies will be reviewed administratively by the City Manager at least annually, and will be presented to the City Council by the Finance Department for confirmation of any significant changes. B. The Finance Director will report annually to the City Manager on compliance with these policies. 12 ..t,/ OF t : Wylie City Council di F ., el f AGENDA REPORT •is • I - s7aTF a'riT,.s Meeting Date: September 24,2013 Item Number: 3. Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Revenue 100-4000-43532 Date Prepared: September 3,2013 Budgeted Amount: $62,721.53 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2013-21(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. Recommendation Motion to approve, Resolution No. 2013-21(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. Discussion After two years of discussions between the Town of Fairview and the City of Wylie, both entities have come to the conclusion it is beneficial for both parties to enter into an Interlocal Agreement for Emergency Dispatch Services. The additional call load in Wylie's dispatch will be less than 800 calls per year, and the benefit to Wylie is the funding of another dispatcher. Wylie will not be answering Fairview's 9-1-1 or administrative phones. The Town of Fairview shall provide, and stay current on all necessary street, apparatus, and response information necessary for dispatching information unique to Fairview Fire Department operations. Upon initial execution of the agreement, the Town of Fairview will provide $53,313.30 within seven days of contract execution. This amount shall compensate Wylie for dispatch services provided during the first year of the primary term. For all subsequent years of the primary term and any renewals, the cost shall increase by the actual increased cost to Wylie for an entry-level dispatcher in Wylie with an additional ten percent of the overall cost for administrative costs. There are additional expectations of each city specifically noted in the ILA. A ninety day notice of termination is required unless mutually agreed upon by both entities. Page 1 of 1 RESOLUTION NO. 2013-21(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE TOWN OF FAIRVIEW FOR THE PERFORMANCE OF GOVERNMENTAL FUNCTIONS AND SERVICES; SPECIFICALLY, EMERGENCY DISPATCH SERVICES ASSOCIATED WITH FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES FIRST RESPONDER GENERAL FIRE SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between the Town of FAIRVIEW and the City of WYLIE, Texas for the performance of governmental functions and services, specifically, emergency dispatch services associated with fire rescue, and emergency medical services first responder general fire services, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 24th day of September, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-21(R)-Interlocal Agreement for Dispatch Services Town of Fairview and the City of Wylie Page 1 of 1 INTERLOCAL AGREEMENT FOR EMERGENCY DISPATCH SERVICES This Agreement made and entered into this 24th day of September, 2013, by and between the City of Wylie, Texas ("Wylie") and the Town of Fairview, Texas ("Fairview"), both Texas municipal corporations, acting herein through their duly authorized agents, officers and employees ("Agreement"). WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services ("EMS") first responder general fire services ("Services"); and WHEREAS, Wylie provides these Services to the citizens of Wylie and has the capacity to service other municipalities; and WHEREAS, Fairview has investigated and determined that it would be advantageous and beneficial to Fairview and its inhabitants for Wylie to provide the Services to Fairview and its inhabitants; and WHEREAS, Fairview desires to engage Wylie, and Wylie desires to be engaged by Fairview, to provide the Services as set forth herein; and WHEREAS, the governing bodies of Wylie and Fairview desire to foster good-will and cooperation between the two (2) entities; and WHEREAS, Wylie and Fairview deem it to be in the best interest of both entities to enter into this Agreement in order to provide the Services described herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,WYLIE AND FAIRVIEW AGREE AS FOLLOWS: I. Services to be Performed Wylie shall provide to Fairview the Services in accordance with the terms and conditions of this Agreement. In order to facilitate such Services, Fairview shall provide to Wylie on a continuing basis, accurate, timely, current data including all necessary street names and address numbers, apparatus types and numbers, and response information, as well as any and all necessary dispatching information unique to the operation of Fairview Fire Rescue (FFR) Department operations. Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 1 of 8 II. Term of Agreement This Agreement shall become effective on December 1, 2013 (the "Effective Date") and end on September 30, 2014 (the "Primary Term"), unless terminated in the manner described in Section III, "Termination"below and/or renewed as provided herein. Following the Primary Term, this Agreement shall renew automatically for four (4) successive one (1) year terms, beginning October 1st and ending September 30th of each year, upon the same terms and conditions as set forth herein, or as amended; provided, however, that the Agreement has not been terminated in the manner described in Section III "Termination" below. Notwithstanding the commencement of the Primary Term as provided above, the parties agree that all technology and data necessary to provide the Services shall be installed by December 16, 2013 for testing purposes. III. Termination This Agreement may be terminated prior to the expiration date noted in Section II "Term of Agreement" above with the occurrence of either of the following: 1. Either party may terminate the Agreement upon providing the other party written notice of termination at least one hundred twenty (120) day prior to the anticipated date of termination; or 2. Mutual agreement of termination of the Agreement, executed in writing by both parties,without the requisite one hundred twenty(120) day prior written notice. At the sole discretion of Wylie, this Agreement may be terminated immediately or renegotiated in the event Fairview annexes additional territory into its corporate limits and/or increases the area FFR services without first providing Wylie with written notification of the newly annexed territory and/or increased service area at least thirty (30) days before effective date of the newly annexed territory/area. IV. Compensation and Payment Fairview, out of current revenues available, shall pay to Wylie the amount of Fifty Three Thousand Three Hundred Thirteen and 53/100 dollars ($53,313.30) within fourteen (14) days of execution of this Agreement. This amount shall compensate Wylie for dispatch services provided during the first year of the Primary Term. Such amount is based upon the costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement. For all subsequent years following the Primary Term and any renewals, the cost shall be calculated based on the base pay rate for an entry level dispatcher plus additional customary compensation and benefit fees (I.E. cost of benefits, standard overtime/vacation time-off and Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 2 of 8 annual merit pay raise percentage) as used for budgeting purposes of employees of the Wylie dispatch department. Further there will be an annual fee paid for administrative services to be charged at 10% of the annual rate for an entry level dispatcher and the additional customary compensation and benefit fees as stated above. This annual administrative fee shall also be paid for the period of time covered by the Primary Term as stated in Section II "Term of Agreement" above. The formula and/or pricing shall be reviewed by Wylie and Fairview each year of the Agreement for possible adjustments that would increase the cost for dispatch services. All payments shall be made annually within fourteen days (14) days of the start of the Primary term and within fourteen(14) days of October 1st for each of the successive one (1) year terms. Compensation for any period shall be prorated in any period termination occurs prior to the expiration date. In addition, Fairview shall provide to Wylie, at its sole expense, any communications lines or equipment deemed necessary by either party, to provide the Services, and said communications lines or other equipment, shall be installed at locations designated by Wylie. V. Responsibilities of Parties Fairview shall be responsible for the following: • Purchase, installation, operation and maintenance of any and all necessary information technology ("IT") equipment and fire station notification hardware and software as determined by Wylie. The required technology shall replicate Wylie technology to ensure interoperability. • Coordination with Wylie IT to facilitate and/or complete the terms of this Agreement. • Provide any and all data as required and/or requested by Wylie, including, but not limited to alarm progressions, premise information, MSAG, and GIS. The accuracy of the data is the sole responsibility of Fairview. All data must be accurate and provided in a timely manner. •Equip the two (2) FFR fire stations with a US Digital Design (USDD) station alerting system compatible with a similar USDD system installed in Wylie. Transition to the Plano, Allen, Wylie, and Murphy (PAWM) emergency services dispatch system at a future date, but no later than December 16, 2013. Lease costs of the FFR operational channels on the PAWM system shall be the responsibility of Fairview and shall be paid in accordance with a contract between PAWM and Fairview. • Coordinate the answering of 9-1-1 calls to the Fairview PSAP (Public Safety Answering Point) which is provided by the Collin County Sheriff's Office (CCSO) dispatching center for the purpose of transferring Fire and EMS calls from the calling parties to Wylie for Services to be rendered as noted below in this Section. • Coordinate with CCSO dispatching center to remain available for dispatch services as a backup. • Designate an employee as a point of contact. Wylie shall be responsible for the following: • Provide Services within the corporate and extra-territorial jurisdiction of Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 3 of 8 Fairview. • Services will include: answering 911 emergency/non-emergency calls transferred from the Fairview PSAP provided by CCSO dispatching center; providing EMD (Emergency Medical Dispatching) services for EMS calls; providing dispatching for FFR fire and EMS services to include dispatching of any contract EMS transport ambulance services under contract to Fairview (no police dispatching will be provided); provide Nixle pages as requested by Fairview. • Construct districts and box alarms based upon information provided by Fairview. • • Supply all communications personnel and equipment to include consoles, phone and data communications lines, emergency backup generators to provide for dispatching services, • Supply the main dispatch channel on the PAWM system under a contract agreement with the PAWM member cities, • Supply electronic recording equipment for all FFR radio dispatch and operational channels as supplied by the PAWM emergency services dispatch system, • Provide electronic archiving capabilities of all relevant communications information (phone, text, radio, email) regarding FFR related events in accordance with industry standards and best practices. This communications information is also to be provided upon request by the Chief or Assistant Chief of FFR for specific circumstances in order to assist in evaluation and follow up inquiries of FFR related events. Designate an employee as a point of contact, VI. Quality Assessment/Quality Inspection In order to provide the best possible service, a process will be established for the ongoing evaluation of the quality of Services by Wylie in addition to the adherence by Wylie and FFR of standard operating procedures for using the Wylie dispatching services and the PAWM emergency services dispatching system. At a minimum of one (1) time per each three (3) months and more frequently if deemed necessary, a QA/QI meeting and/or call will take place by the designated employee and/or Chief or Assistant Chief(collectively Chief Officers) of Wylie and FFR to undertake the following actions: • Review any open issues from previous meetings, • Review report data of the call handling times by Wylie dispatchers to include time of receipt of call from external source to time of dispatch of FFR apparatus and compare those times to any defined benchmarks/performance metrics, • Review the handling of dispatched incidents from initial dispatch through the completion of the incident using a random sampling of incidents dispatched over the course of the review period and/or by the evaluation of specific incidents as requested by Wylie and/or FFR designated employee and/or Chief Officers, • Evaluate any items related to the adherence to standard operating procedures on the use of the PAWM system, • Establish follow up actions as a result of these review meetings to include: a written description of the actions needed, define a responsible party assigned to complete each action, and define a timeframe for evaluation of the progress of the assigned action, Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 4 of 8 • Establish a time for the next review session. VII.Dispute Resolution It is understood that from time to time there may a situation where a dispute will be raised by Wylie and/or Fairview that needs to be resolved in an acceptable manner. The dispute could take on many forms such as: contractual, financial, personnel conflicts, call handling, technical, performance related to established benchmarks, legal issues related to an incident as well as other forms not listed here. It is the desire of the Chief Officers to quickly and efficiently resolve all disputes in the simplest and most professional manner possible. Usually this can be achieved with a phone call or an Email message between the parties directly involved. For those disputes that cannot be resolved as stated above or cannot be achieved as stated below in Section X "Miscellaneous Provisions", shall be handled as follows: • Dispute item is to be identified as soon as practicable so that a more formal review can be established, • Dispute item needs to be clearly articulated in writing by the initiating party to the other party including all relevant facts, times and personnel involved as well as any additional information which could assist in clarifying and resolving the dispute, • Once the dispute has been received, a discussion shall take place between the designated employees and/or respective Chief Officers as soon as possible but no later than seventy two (72) hours after receipt of the dispute to determine if a resolution can be achieved without any more formal procedures being invoked. If it can be resolved in this manner, a written account of the resolution to include the information contained in the initial dispute claim shall be issued by the person initiating the dispute item and signed by the same person. The party of the opposite organization who was involved in resolving the dispute shall receive and sign the written account of the resolution indicating their concurrence. A copy of the signed document is to be forwarded to the Chief Officers of Wylie and FFR. • If after an attempt to resolve a dispute item using the process stated above in the preceding bullet the dispute still exists, the dispute shall be escalated to the Wylie and FFR Assistant Chief's or if they were already involved as noted above, to the respective Fire Chiefs for further dispute resolution. The Chief Officers are expected to find an acceptable resolution to the dispute in a professional manner. Once resolved, the involved Chief Officers shall issue a signed written account of the dispute and the resolution and ensure a copy is received by the Fire Chiefs of Wylie and FFR. The resolution is also to be shared with the impacted personnel of each agency to ensure everyone understands the resolution. • If all other efforts to resolve a dispute item as noted above cannot be attained, the Wylie and FFR Fire Chiefs shall inform their respective City/Town Managers in order to establish a course of action for resolving the dispute. The respective City/Town Managers shall then direct the resolution efforts as they deem appropriate. Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 5 of 8 VIII. Relationship of Parties The parties intend that Wylie, in performing Services specified in this Agreement, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Neither Wylie, its officers, agents, employees, volunteer help or any other person operating under this Agreement shall be considered an agent or employee of Fairview and shall not be entitled to participate in any pension or other benefits that Fairview provides its employees. IX. Acceptance of Responsibility Wylie agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Wylie employees and agents. Fairview agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Fairview employees and agents. X. Miscellaneous Provisions a. Notice. Any notice provided or required to be given under the terms of this Agreement, must be in writing and may be served by depositing same in the United States Mail, properly addressed, postage pre-paid, registered or return receipt requested or by hand-delivery. All notices and communications concerning this Agreement to be mailed or delivered to Wylie shall be sent to the address of Wylie as follows, unless and until Fairview is otherwise notified: Fire Chief Wylie Municipal Complex 300 Country Club Wylie, Texas 75098 All notices and communications under this Agreement to be mailed or delivered to Fairview shall be sent to the address of Fairview as follows, unless and until the Wylie is otherwise notified: Fire Chief Town of Fairview—Town Hall 372 Town Place Fairview, Texas 75069 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail or hand-delivered by other means. Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 6 of 8 b. Entire Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. c. Governing Law and Venue. This Agreement and any of its terms, conditions or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Venue for this Agreement shall lie in Collin County, Texas. d. Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. e. Severability. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. f. Authorization. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. g. Amendments. Wylie and Fairview may amend this Agreement only through mutual agreement in writing. h. Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed to be an original. i. Waiver. Notwithstanding any provision to the contrary, Wylie and Fairview do not waive any rights or obligations it may have, either at common law or by statute, through this Agreement or any other agreement between these same parties. j. Assignment. This Agreement is not assignable. k. Sovereign Immunity. The parties agree that neither has waived its sovereign immunity by entering into and performing its obligations under this Agreement. 1. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed, that each party has had an opportunity to confer with counsel, on the matters contained herein. m. Drafting Provisions. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 7 of 8 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 Agreement. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. TOWN OF FAIRVIEW, TEXAS CITY OF WYLIE, TEXAS Julie Couch, Town Manager Mindy Manson, City Manager ATTEST: ATTEST: Michelle Lewis Siriani, Town Secretary Carole Ehrlich, City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Clarke McCoy Abernathy, Roeder, Boyd &Joplin, P.C. Town Attorney Courtney Kuykendall, City Attorney Date: Date: Interlocal Agreement for Emergency Dispatch Services(Fairview) 633249-1 Page 8 of 8 CITY OF WYLIE DRAFT FOR REVIEW: 2013-2014 STRATEGIC COMMUNICATIONS AND MARKETING PLAN cofsE COMMUNICATIONS Presented by Cooksey Communications September 2013 TABLE OF CONTENTS Executive Summary .3 Situational Analysis .6 Strategic Objectives ..7 Target Audience Segments ..8 Strategies ..11 Budgets for Each Strategy ..12 Metrics ..19 Conclusion ..21 City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 2 of 21 EXECUTIVE SUMMARY Overview The City of Wylie has a great opportunity to raise its visibility among key audiences,particularly those across the DFW area and Texas, in order to put Wylie on the map with key influencers and media, as well as prospective business owners and residents. Wylie has already made significant strides with its communications program, achieving a significantly higher profile in local media outlets over the past year, thanks to the City Council's designation of marketing communications as a top priority and due to a concerted effort by City staff and external consultants. The City can continue building on this success over the next year by strategically applying the right resources to the communications program, and by focusing on those communications initiatives that will have the greatest impact on external audiences. In order to achieve the desired results, additional resources will be needed to sustain and build upon the efforts to date. Strategic Recommendations and Budgetary Impacts For more details about each of these strategies and their budgetary impacts, see pages 12-18 of this plan. Please note that some figures are estimates and may vary subject to pending negotiations or evolving circumstances. 1. Establish funding and dedicate resources to support not only the City's key PIO functions,but also proactive public relations and marketing efforts. a. New Communications Specialist/Multimedia Coordinator: $67,000 b. Wylie ISD partnership to produce supplemental content $0 c. Ongoing consultation with outside communications agency $12,000 2. Use economic development funds to create an advertising and event sponsorship campaign that promotes economic development activities and opportunities. a. Advertising/event sponsorship with Real Estate Bisnow $10,630 b. Advertising/event sponsorship with Dallas Business Journal $20,000 City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 3 of 21 3. Use proactive public relations to generate a "buzz" around Wylie, to support both consumer marketing and economic development marketing efforts. a. Enhanced media outreach, pursuit of proactive media placements $0 b. Periodic guest articles in media region-wide, in addition to Wylie $0 c. In-person meetings with key media targets $0 d. New press kit material distribution $0 e. PR support for Wylie EDC and new/expanding businesses $0 f. Media engagement through social media efforts $0 g. Crisis communications plan development $0 h. Media training and coaching for all City spokespersons $5,000 4. Leverage community events through partnerships and purposeful capture of generated pedestrian traffic. a. Continued support for major events with regional appeal $45,000 b. City of Wylie booth at major events, stocked with collaterals $TBD c. Surveys at major events $0 d. Partnering with Wylie ISD to serve as event ambassadors $0 5. Build one-on-one marketing relationships with current and potential target audiences. a. Quarterly Mayor's breakfasts with residents,businesses $400 b. Re-joining Dallas Regional Mobility Coalition(and/or TEX-21) $4,400 c. Re-joining North Texas Commission $3,000 d. Annual resident survey TBD e. Visibility for City Council/key staff through guest columns $0 6. Elevate the City's use of digital media,including social media, to better engage external audiences. a. Development of a social media plan $0 b. Twitter account launch and active use $0 c. Enhanced use of links in eWYLIE newsletter, social media $0 City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 4 of 21 d. Redeveloped City and Wylie EDC websites $10,000 e. Mobile app marketing and development of a new, custom app $2,000 7. Enhance internal communications efforts to support external marketing communications. a. Quarterly work session update on marketing communications $0 b. Regular communications updates in City Manager's weekly report $0 c. Development of key messages/talking points for emerging issues $0 d. Internal education events, messaging documents and Intranet use $0 Total budgetary impact if above strategies are implemented: approximately $179,430* *does not include resident survey, City booth or event marketing materials City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 5 of 21 SITUATIONAL ANALYSIS Situational Overview In March 2013, Cooksey Communications presented its initial report to the Wylie City Council, sharing findings from its comprehensive audit of the City's current communications efforts and recommendations for potential enhancements to those efforts. The City Council subsequently requested that Cooksey develop a strategic communications and marketing plan for the City for 2013-14, including budgets for recommended strategies, so the City Council could consider these recommendations as part of its 2013-14 budget process. The following communications and marketing recommendations reflect the work done during the previous communications audit, as well as subsequent research and follow-up interviews. The plan is designed to address Wylie's status as a fast-growing city that would like to achieve greater visibility for its successes and for the residential and commercial opportunities it offers. Wylie has earned significant attention in recent months for its economic development activity— such as the opening of the B&B Theater—as well as its special events such as the Pedal Car Races,the Bluegrass on Ballard/July Jubilee, and the firefighters benefit golf tournament, and the city would like to build on these. Many opportunities for greater visibility remain, due to the city's signature events, its notable economic development activity and its relatively low profile to date in the region. Wylie remains challenged by the fact that, in a Metroplex of approximately six million people, its population is only a little more than 40,000 and its location is not convenient for many of the top mainstream media outlets. Also, as a suburban bedroom community with little tourism or convention activity, Wylie doesn't have a robust hotel and motel tax income that might serve as a source of funds for an aggressive marketing and advertising campaign, as compared to communities nationwide that spend hundreds of thousands of dollars on proactive marketing campaigns, often through their Convention and Visitors Bureau or through large communications teams. In order to generate greater visibility, Wylie will have to be very strategic and targeted in its communications and marketing approach, focusing on those efforts with the greatest return on investment. The following recommendations are designed to achieve that aim. City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 6 of 21 STRATEGIC OBJECTIVES The Strategic Communications and Marketing Plan below outlines a series of recommendations to achieve the following key objectives: • Raise Wylie's overall visibility among key audiences,both within the City and beyond the City's borders • Drive awareness of, and participation in, community festivals and events with a regional appeal, as well as consumption of shopping, dining and entertainment offerings in the community • Support and promote the City's efforts to attract and retain new economic development opportunities • Make optimal use of available City resources and apply them to the highest-priority marketing communications needs City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 7 of 21 TARGET AUDIENCES The following audiences must be communicated with effectively and consistently, in order for Wylie to achieve its communications and marketing objectives: • Residents • Homeowners/neighborhood associations • Community/non-profit groups and religious institutions • Wylie businesses and their employees • Businesses and residents elsewhere in the Metroplex • Media(primarily in the DFW market, and beyond, as warranted) • Surrounding municipalities • Professional organizations for municipalities and their leaders • Influential regional organizations across the Metroplex • Realtors • Commercial real estate brokers and developers • County, state and federal entities • Youth and senior organizations • School organizations • City staff • City Councilmembers City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 8 of 21 STRATEGIC RECOMMENDATIONS Key Messages Wylie's communications and marketing activities need to consistently convey that Wylie stands apart because it is: • One of North Texas' fastest-growing communities over the past decade • Conveniently located to the job and lifestyle amenities of a major metropolitan area while retaining its small-town, home atmosphere • A great residential value that also offers superior public services, strong schools, low crime and a highly rated fire department • Home to a charming, historic downtown • Host to unique, family-friendly community festivals and events throughout the year • A great place to do business, with a growing market for products and services, access to a strong workforce, and abundant land and redevelopment opportunities Editorial Calendar Wylie needs to plan and adhere to an editorial calendar for the year, organized around its key communications messages, major community events and seasonal activities. The following communications themes should be highlighted in 2014, across all communications channels (printed materials, eWylie News,website, social media, media outreach,public access channel, signage, etc.). *Note: The timing of communications may depend on the type of channel used,so the following calendar is merely a rough guide. Some activities may take place leading up to the specified month. • January: Transportation&Mobility • February: State of the City/Year in Review and Annual Goals • March: Land Use/Economic Development • April: Public Safety& Security/Pedal Car Races • May: Parks &Recreation/Library Summer Programs • June: Public Art& Culture/Bluegrass on Ballard • July: Neighborhoods/Residential Living • August: Education/Back to School City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 9 of 21 • September: National Night Out/Boo on Ballard • October: Annual Budget Highlights/Fiscal Responsibility • November: Arts Festival, Holiday Parade, Tree Lighting/Historic Downtown Wylie • December: Community Involvement Opportunities/Civic Groups This calendar may also need to be modified as new events or opportunities arise, for example, if the City creates a new spring arts festival. IContinuing Current Communications In order to deliver its key messages to key stakeholders, both inside and outside the city, Wylie must maintain its existing communications activities as a baseline, while seeking to upgrade those activities where appropriate and expanding marketing communications efforts where resources permit. Valuable, existing communications channels produced by Wylie's Public Information Office include the following: • Website (daily updates) • Social Media: Facebook, flickr, nixie, YouTube (daily updates) • eWYLIE Electronic Newsletter(monthly) • EWylie Agenda Update (semi-monthly) • Wylie Living Print Newsletter(monthly) • Press Releases and Proactive Media Outreach(ongoing) • Engineering Project Update (as needed) • Utility Bill Inserts (as needed) • Proclamations (as needed) • Connection Magazine Editorials (as needed) • Bluegrass on Ballard marketing and public relations • Arts Festival marketing and public relations • E-mail/Phone Communications (facilitating responses to citizen questions) • Wylie Way WISD Student Recognition(every six weeks during school year) • Weekly Report from City Manager to City Council/Staff(weekly) • Cable Channel 41 (frequent updates) • Digital Signs: City Hall, Recreation Center, Library and Municipal Complex Monument sign messages (daily updates) City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 10 of 21 • GoRequest App • CRM—Help Center on website These communications are critical to keep audiences in the Wylie community aware and informed about City news and activities, and are a prerequisite to any marketing beyond the City's borders. Many of the communications produced for in-Wylie audiences can also be repurposed for outreach to media and other external audiences outside the City's borders. New and Enhanced Communications and Marketing Activities In order to generate greater"buzz" about Wylie among your key audiences, both within Wylie and beyond the City's borders, the following new or enhanced key strategies are recommended: 1. Establish funding and dedicate resources to support not only the City's key PIO functions, but also proactive public relations and marketing efforts. 2. Use economic development funds to create an advertising and event sponsorship campaign that promotes economic development activities and opportunities. 3. Use proactive public relations to generate a "buzz" around Wylie, to support both consumer marketing and economic development marketing efforts. 4. Leverage community events through partnerships and purposeful capture of generated pedestrian traffic. 5. Build one-on-one marketing relationships with current and potential target audiences. 6. Elevate the City's use of digital media, including social media, to better engage external audiences. 7. Enhance internal communications efforts to support external marketing communications. These strategies, and associated budgetary impacts, if any, are addressed in greater detail on the following pages. City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 11 of 21 BUDGET FOR EACH STRATEGY Strategy #1: Funding to support proactive public relations and marketing. The City's current Public Information function has been effective in facilitating the delivery of vital information to community stakeholders, as reflected in the stakeholder interviews. In order to elevate the City's communications to include a more proactive public relations and marketing component, additional resources will be required, including the following tactical improvements: • Add a full-time internal staff member (a Communications Specialist or Multimedia Coordinator) to provide lower-level communications support, such as social media content, basic graphic design, writing, event logistics, and similar functions, for various City departments. (Cost: no more than $67,000 for salary and benefits.) • Formalize a program to use interns, through the Wylie ISD's communications program, to develop original video content for Channel 41 that can also be repurposed on the website, in social media and elsewhere. (Cost: None.) • Ensure other City departments and resources are assisting with appropriate functions, such as providing IT support to City staff and elected officials, coordinating audiovisual needs for City Council meetings and community events, and similar duties that should not be a PIO function. (Cost: None.) • Draw on the support of an outside marketing communications agency, on an as-needed basis, for monthly consultation and PR support on ad hoc issues or special projects. (Cost: $12,000 retainer for a monthly strategic planning call and other high-level consultative services. Any major issues or projects would be additional.) • Allocate other resources as called for by the strategic recommendations in this plan (Cost: See other sections of the plan.) TOTAL $79,000 (estimated) City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 12 of 21 Strategy #2: Economic development-oriented ad/event sponsor campaign. The Wylie Economic Development Corporation has traditionally used some resources for advertising in the community,but has not previously tapped into available funds for marketing purposes beyond Wylie's borders. This represents an untapped opportunity to tell Wylie's economic development success stories, while also promoting Wylie as a destination for future economic development to the broker/developer and corporate decision-making community. Options for marketing Wylie through the EDC include: • Advertising/event sponsorship with a regional, commercial real estate publication: o Real Estate Bisnow Marketing Package (Cost: $10,630) • Includes 26 ads, including free sponsor spotlight editorial ($7,130) • Includes a Gold-level sponsorship of a Bisnow event, such as an Industrial or Retail Summit ($3,500),providing a variety of event visibility benefits • Advertising/event sponsorship with a regional, general business publication: o Dallas Business Journal Marketing Package (Cost: TBD—minimum recommended investment for ad frequency or event visibility is $20,000) • The Dallas Business Journal is still planning its events and editorial calendar for 2014. Wylie should focus on events and issues with a commercial real estate emphasis. • Depending on the available budget, the publication can customize a package that includes an event sponsorship, and/or some print/online advertising, to get Wylie's name in front of key business influencers in the DFW region. • Title sponsorship of the Best Real Estate Deals event in April is $20,000- $25,000, but the previous year's sponsor has a right of first refusal. TOTAL $30,630 (estimated—subject to media negotiations) City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 13 of 21 Strategy #3: Proactive public relations to a broader range of media. Wylie has done a fairly effective job at getting its news out to media in the immediate community(Wylie News and NeighborsGo, as well as The Dallas Morning News Metro section), but there are still untapped opportunities to generate more positive coverage about the community in broadcast, electronic and print media across the region and state. • Work with Cooksey Communications through the end of September 2013 to enhance media connections and pursue proactive media placements that can be continued by City staff in 2013-14. Focus on PR for those events with a regional marketing appeal (Arts Festival, Bluegrass on Ballard), as well as notable economic development successes and opportunities. (Cost: None in the 2013-14 budget cycle) • Develop periodic guest articles highlighting the City's key messages and place them regularly in publications such as the Wylie News,NeighborsGo, Dallas Business Journal, Collin County Business Press and others. (Cost: None) • Arrange in person meetings with key media targets throughout the year, to generate future stories highlighting positive community news. Targets should include broadcast reporters, metro/lifestyle reporters, and business reporters at regional publications, as well as economic development trade media. (Cost: None) • Develop press kit materials, including electronic versions for online press room, and distribute proactively to target media to encourage future stories. (Cost: Minimal printing and mailing expenses) • Through the Wylie Economic Development Corporation, offer PR assistance to new businesses and work to develop and pitch press releases jointly. Repurpose releases for the City and EDC website newsrooms, as well as social media and other communications channels. (Cost: None.) • Use social media channels (especially Twitter) to engage key audiences, including media, and to share timely press releases and other City news. (Cost: None.) • Develop a crisis communications plan, media policy and guidelines for use by all City staff and elected officials. (Cost: None.) • Provide media training and coaching to all City spokespersons, including City Manager's office, PIO and elected officials. (Cost: $5,000 for half-day training session.) TOTAL $5,000 City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 14 of 21 Strategy #4: Community event partnerships and pedestrian traffic capture. With significant traffic from current residents and outside visitors at the community's major events, Wylie has a relatively untapped opportunity to communicate with this captive audience and deliver key messages, influencing those residents' and visitors' perceptions and communications with other audiences. • Continue providing financial, logistical and marketing support for major community events with a regional appeal, such as the July Jubilee/Bluegrass on Ballard and the annual Art Festival. (Cost: $45,000 for support of Bluegrass on Ballard,Art Festival and the new Jazz/Art Festival.) o As in 2012-13,promote major events through ads in Wylie Living, In &Around, Connections Magazine, Neighbors Go (Wylie/Plano/Murphy, Rockwall/Rowlett, Allen/McKinney/Frisco and Garland/Mesquite editions), Wylie News, Texas 2x2 Ad Network and ads/flyers to targeted clubs and organizations, as well as through banners/signage, electronic newsletters/websites, social media and Channel 41. o Support events through advance publicity in The Dallas Morning News/GuideLive, Neighbors Go, Wylie News,Art& Seek and other regional media, including broadcast and electronic media, and through day-of-event publicity. Pursue long-lead media placements in such regional/national publications as Texas Monthly, Texas Highways, Southern Living, etc. • Host City of Wylie booth at all major events and stock with maps,publications and other collateral materials designed to inform residents and visitors about Wylie's positive attributes, communications channels, etc. Deploy iPad/laptop stations at booth to facilitate sign-ups for eWYLIE newsletter, social media and other City-developed communications. (Cost: TBD for development of the booth,plus printing cost for any collaterals that don't currently exist. Printed materials can be designed in-house.) • Formalize survey mechanisms at major events to capture information about participants and effectiveness of event marketing strategies. (Cost: None, if developed in-house) • Partner with high schools to staff booth and/or to serve as roaming City ambassadors at events, for intern credits. (Cost: None) TOTAL $45,000 plus any booth/material costs City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 15 of 21 Strategy #5: One-on-one marketing relationships with target audiences and key influencers. As part of its marketing communications program, Wylie needs to engage key audiences—both current residents and businesses, as well as external audiences—as directly and personally as possible. This can be accomplished through a variety of tactics: • Re-activate the Mayor's Breakfasts, on a quarterly basis, to better engage community residents, businesses and neighborhood association/HOA leaders. (Cost: $400 for food/refreshments) • Re-join the Dallas Regional Mobility Coalition (and/or TEX-21) and participate in board meetings with other regional city and county leaders. (Cost: approx. $4,400) • Re-join the North Texas Commission and participate in board and committee activities with other regional public and private sector leaders. (Cost: approx. $3,000) • Conduct an annual resident survey to assess the effectiveness of communications vehicles, awareness of city services/programs/events and prioritization of improvement needs. (Cost: TBD— Can be done at smaller cost if the city develops the survey and analyzes the results; if the city chooses partnering with a local university or a professional survey firm, this would add to the cost.) • In developing regular guest columns for NeighborsGo, Wylie News, Connections Magazine and other local media, rotate bylines through City Council members to facilitate their visibility in the community and region. (Cost: None) TOTAL $7,800 plus the survey cost TBD City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 16 of 21 Strategy #6: Elevated use of digital media, including social media. Wylie has been using its website, in combination with Facebook, Flickr, YouTube and nixie to give its residents and other audiences digital media options for learning about City news. The City needs to update its digital media offerings to keep up with the latest usage patterns by key audiences, including significant migration to Twitter by key influencers in the media and business realm, as well as increased consumption of digital media via smartphones and other mobile devices. • Develop a social media plan, including a schedule of daily Facebook, Twitter and other postings that provide repeated reinforcement of the City's key messages. (Cost: None) • Launch a Twitter account and actively promote via the City's other communications channels. Market the Twitter handle particularly to residents,businesses, community organizations, media, realtors, broker/developers and other key audiences. (Cost: None) • Use live-Tweeting to support economic development activities (e.g., groundbreakings and grand openings) and community festivals and events (July Jubilee, Art Festival, etc.), driving traffic to these happenings while also enhancing overall awareness. (Cost: None) • Increase use of links in eWYLIE newsletter back to website, including new video content developed by Wylie ISD students highlighting key marketing communications messages. Similarly, use links in social media to drive website traffic and usage. (Cost: None) • Begin researching options for developing an upgraded website (including mobile- friendly enhancements) for the near-term future. Partner with the EDC on potential development of similarly styled sites that link to one another. (Cost: $8,000- $10,000 estimated if use current provider) • Better market the City's existing mobile app (it's currently hard to find on the website) through the website homepage and other communications channels. Explore opportunities to develop a Wylie-customized app in the near future. (Cost: Approximately $1,000 - $2,000) TOTAL $9,000 - $12,000 *The "no cost"budgetary note assumes the City adds a full-time Digital Media Specialist to handle these duties, among other basic communications duties. City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 17 of 21 Strategy #7: Enhanced internal communications to support external marketing. I Effective external communication requires that Wylie also effectively communicate with its internal audiences, including City staff and elected officials, to ensure they are consistently armed with the latest news and key messages. Building Wylie brand ambassadors starts with the City's own personnel, and should radiate outwards powerfully. Effective internal communications will also demonstrate accountability for the implementation of this marketing communications plan. • Provide a quarterly work session update to the City Council on progress made in implementing this plan. (Cost: None) • Prominently feature marketing communications updates, including recent successes, in City Manager's weekly e-mail report to the Council. Report should also reinforce that month's primary communications themes, to arm Council members in their constituent communications and regional outreach. (Cost: None) • As emerging issues arise, proactively develop and distribute key messages/talking points to the City Council to prepare them to address questions that may arise. (Cost: None) • Better equip all City employees to be effective advocates: o Hold periodic internal education events to share marketing communications updates and provide information that all staff can use in public interactions. (Cost: None) o Distribute key messages document to all City staff. (Cost: None) o Use Intranet and/or monthly employee newsletter to highlight monthly communications themes. (Cost: None) TOTAL $0 City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 18 of 21 METRICS The City of Wylie needs to establish and employ benchmarks to measure the success of its stepped-up marketing communications program. While the success of some communications strategies may be difficult to quantify, other communications strategies lend themselves to objective measures of success—including the mere fact of having been implemented, for some strategies. Measures of success include the following: • Greater volume of press releases and media advisories, as well as guest articles and op- eds • Greater quantity of stories generated and placed in broad array of regional media or economic development trade publications • Stronger relationships with target media, so desired media turn to City more often as a resource for positive stories • More favorable quality of stories, reflected in analysis reports from clipping service • Greater support for City, and awareness of public issues, as evidenced through unsolicited letters to the editor • Enhanced awareness of Wylie and its key attributes beyond the City's borders, including awareness of Wylie among regional thought leaders and influencers • Positive feedback on City communications, from resident survey • Improved percentage of time spent by the PIO on core vs. non-core communications duties • Distribution of communications duties to other internal or external communications resources • Quantity of materials generated by the City's communications team or other staff • City staff awareness of key issues and messages • Frequency of communications-related meetings with institutional partners (EDC, Chamber, ISD, etc.) and results from those meetings • More consistent"look and feel" for all City materials • Existence of mini-PR plans to introduce newly emergent issues, rather than waiting for media queries and reacting • Existence of designated spokespersons on key issues, and spokesperson preparation to address those issues City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 19 of 21 • Greater number of external presentations to community groups,business leaders, etc. on City issues • Greater volume and enhanced quality of programming on public access channel • Growth in subscriber base for online communications, including social media followers • Enhanced resident awareness/understanding of City messages • Greater resident satisfaction with navigability and content of website; increased use of Web site and followers of social media • Improved resident perception of City facilities and message delivery at the facilities • Stronger relationships with neighborhood associations • Existence of Mayor's Breakfast programs with strong attendance/participation • Greater business involvement in, and awareness of, City issues • Existence of crisis plan, media policy and other needed resources • Greater staff awareness of, and use of, marketing communications key messages • Increased frequency of internal communications distributions • More internal education events for City employees City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 20 of 21 CONCLUSION The City of Wylie has an opportunity to elevate the City's visibility and image in the minds of residents,businesses, the media and other key audiences. Effective marketing communications is a critical component of this process, and the above recommendations and plan are designed to help the City move to a level of brilliance. Cooksey Communications has outlined a fairly aggressive plan of marketing communications strategies and tactics to better engage and inform the City's target audiences. However, we believe that the implementation of all of these recommendations is feasible with the application of appropriate resources. It is an exciting time in Wylie's history with tremendous existing infrastructure, substantial economic development activity and many positive initiatives and programs in place. City residents and volunteer leaders are also actively engaged in the community, and generally eager to support the key messages of the City. Cooksey Communications has enjoyed the opportunity to partner with the City of Wylie and looks forward to continuing our relationship with the City over the coming months,providing ongoing counsel and support as Wylie refocuses the way it communicates—both externally and internally—and presents its brand to the world. City of Wylie 2013-14 Strategic Communications&Marketing Plan-DRAFT Page 21 of 21