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01-22-2008 (City Council) Agenda Packet Wylie City Council CITY:FWYLIE NOTICE OF MEETING Regular Meeting Agenda January 22, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation on fiber cement siding and backerboard (Hardie board). (D. Tresch, National Director of Government Affairs) 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. January 22,2008 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 from the January 8, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-02 amending Zoning Ordinance 2006- 04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations specifying the location of Major Automobile Repair uses. (R. 011ie, Planning Director) C. Consider, and act upon, Ordinance No. 2008-03 amending Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution), Subsection I (Inhabited Premises ) Amendment to Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution) Subsection I (Inhabited Premises). (J. Duscio, Police Chief f) D. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the periods ending October 31, 2007, November 30, 2007 and December 31, 2007. (L. Williamson, Finance Director) E. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2007 and December 31, 2007. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearing 1. Hold the second Public Hearing for the annexation of a 0.1079 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas, generally located south of F.M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the City of Wylie. The property is located south of F. M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. General Business 2. Consider, and act upon, Resolution No. 2008-03(R) casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District. (C. Ehrlich, City Secretary) January 22,2008 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary At the November 13, 2007 Council meeting, City Council approved Resolution No. 2007-39(R) casting a vote for Dwayne Gentsch as a member of the Board of Directors of the Dallas Central Appraisal District. We have been informed by the Dallas Central Appraisal district that no candidate of the suburban cities that participated in the election received a majority vote. Therefore, a runoff election will be held for the two candidates that received the highest number of votes 3. Consider, and act upon, accepting the resignation of Robert Wieneke and the appointment of a new member to the Library Advisory Board to fill the unexpired term of July 1,2007 to June 30,2009. (R. Orozco, Library Director) Executive Summary Section 5, Article II of the Rita and Truett Smith Public Library Advisory Board Bylaws states that: "any member of the Board who misses three consecutive meetings without good cause,or neglects to notify the board liaison of such absence with good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term." 4. Consider, and act upon, authorizing the Mayor to enter into a Retail Development Agreement with Woodbridge Crossing, L.P. (S. Satterwhite, Executive Director, WEDC) 5. Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to enter into a Performance Agreement between the WEDC and Woodbridge Crossing,L.P. (S. Satterwhite, Executive Director, WEDC) READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Presentation, update, discussion, and direction related to revisions to the design development and construction of the new Library, Recreation Center and City Hall including "LEEDS" (Leadership in Energy & Environmental Design). (ARCHITEXAS, Architect/Holzman Moss, Architecture) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager " January 22,2008 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on this 18th day of January, 2008 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 a enda is also posted`q Fifi ef'Wylie website: www.wylietexas.gov. 6r --- `‘ n 'a wu I 1 tOla Carole Eh let,City Secretary _ e Notice Removed : SEAT s' A o' ,,„4 �EiiiE P ` ite Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: Presentation Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 14, 2008 Budgeted Amount: Exhibits: 1 Subject Presentation on fiber cement siding and backerboard (Hardie-board). Recommendation None Discussion Dan Tresch,National Director of Government Affairs, will conduct a presentation to Council regarding fiber cement siding and backerboard. Approved By Initial Date Department Director RO 01/14/08 City Manager � G7 1 Page 1 of 1 Durable and Sustainable Fiber-Cement Other Masonry Products • Immune to moisture • Immune to moisture • Termite resistant • Termite resistant • Non-Combustible • Non-Combustible • Impact resistant • Impact resistant • Extended Warranty • Extended Warranty • Sustainable • Sustainable • Design Flexibility ■ Limited Flexibility • Soft curb appeal '''',IT," a ,fir yr —1 � +° S� : 2 i i/ t ,,,, I ' ..15-1,w•-• ; ... ., 112.:\,_ , ,-'°110:::-.`":; i ii I,. A LL'' ..--",' ,.,""" '' 'f1r 4 * .swu,^' F a'4.'$.'.: r rye, ' ' ,,5i4 Cs.¢^ k.? -Sum, ' . 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W("f# ,#ha4Y - aft ro _... `,w ._, d, r i ' •rf .ts t ..:� R ..' ti •e •t erda care that:you'd:rather spend yra;ur . `_.1 ,: and, hil,ir pand playing;n golf a kratrse crr surtxrers{gardens°ng M . �. • - .,..,,tr.:_ .,X' a ., ,t" a 'n' " wren' +al w.: n d of sc p r n int°rng'_and cleaning bras • i -At James-Hardie,, we know weather ann:d--we know how • • -- - ' to stand up to it. We should. We've been doing it for t0, nearly a hundred years.. Maybe that's why James Hardie fiber-cement siding is the overwhelming choice of so • many homeowners, builders and architects. • With the look and feel of• wood, James Hardie siding is • unmatched for its weather resistance, toughness and • • natural beauty. • • • 1 <a. 41 :a ;�a.. „u� .a ."'� m"aru�+ saw •. f a'�. ' __',,- .,,, „ ,_..i. ,,,.........,1:4,E.,„::..'i.',Iief.;,,..---'.. - - --... '_..„., ,,„.,...,.., . 7.,:.,,,m........._____ , , .. _ .,4111. 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Which means less time doing the things you hate and more time doing the things you enjoy. 8 n . ov . . ... ; : .„.„. . .. piriiiiiit ,..... .-- . ,., �� I � loft, � � t . x raves- — z h T �ewRp+S P i .HS 4'd r. .� F , . 6 Fr. a.: 4 s Jf wrnr I.+.' s.�` . , y 1 \:\ -,,1,-.,--j--;,./1",,,,,,-:::.,::: :::,,:,-.::,,,'.1.,71i;:iftlitIll:r—., :.:: I., , . , .. . ,... ,,„ ,:.;, : IIIi .:.,. , i K Imo.,' Y � T �` • • • c a' E a c a H N in a cs in c a. J V a, U) HardiePlank" dry d tts .`- Select Cedarmill© • Smooth Beaded Cedarmill HardiePlank"lap siding is the siding by which all others are measured. The 4 most popular brand of siding in America HardiePlank lap siding is available in Select Cedarmill®which offers a natural texture, Smooth which offers a classic, finely-sanded appearance, and Beaded Cedarmill©and Beaded Smooth with the look and charm of a country beaded lap. 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JamesHardie 4 JH90075CBS0 2/07 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 8, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Merrill Young and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Police Chief, John Duscio; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Construction Manager, Shane Colley; Wylie Economic Development Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Councilman White led the Pledge of Allegiance. PRESENTATIONS • Presentation to 3rd Six Weeks Star Students — Character Trait of "Caring". (J. Mondy, Mayor/Council) Mayor Mondy and Mayor Pro Tern Byboth presented certificates to students from the WISD campuses showing the character trait of"Caring". Students are nominated by their teachers and one student is chosen for each campus. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present that wished to address Council during Citizens Comments. Minutes—January 8, 2008 Wylie City Council Page 1 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 from the December 5, 2007 Special Called Meeting, December 11, 2007 Regular Meeting, and the December 20, 2007 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval and final acceptance of Nortex Pump Station Improvements and authorize final payment to Crescent Constructors, Inc., in the amount of $28,273.48, and accept the project as complete. (C. Hoisted, City Engineer) D. Consider, and act upon, Resolution No. 2008-02(R) authorizing submittal of grant applications to the North Central Texas Council of Governments (NCTCOG) for state solid waste implementation funds. (M. Sferra, Public Services Director) E. Consider, and act upon, Ordinance No. 2008-01 amending Zoning Ordinance 2005- 28 Article 3 (Residential District Regulations) as it relates to Yard Requirements. (R. 011ie, Planning Director) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations specifying the location of Major Automobile Repair uses. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that staff had conducted research on the permitted uses within the Light-Industrial (LI) District. Particularly Automobile Repair, Major. Currently the use is allowed by right in Commercial Corridor and Heavy-Industrial Zoning Districts. Staff has been approached by a property owner who wishes to operate such use in the City limits of Wylie. However, the property is currently zoned LI. The subject property is located within the Regency Business Park Addition. Minutes—January 8, 2008 Wylie City Council Page 2 Planning Director 011ie explained that the 1962 Zoning Ordinance allowed automobile repair shops subject to no out door storage or outdoor work being performed in the Commercial 1 and Industrial Zoning Districts. However, with the adoption of the 1985 Zoning Ordinance Commercial Business Districts C-1 & C-1-R were further refined and replaced with Retail and Business Districts B-1 & B-2. She reported that additional revisions and amendments came in 2001 in which the old B-1 and B-2 Districts converted to either Community Retail or Commercial Corridor Districts. The Regency Business Park Addition annexed in 1984 was rezoned from Industrial to Business Center(BC) in February 2002 with the adoption of the new city-wide Zoning Ordinance and Map. The new Business Center District allowed for light assembly and office warehouse uses. She reported that in 2006, the City implemented major revisions to Article 5 of the Zoning Ordinance and the official Zoning Map. Ordinance 2006-04 & 2006-58 eliminated Business Center (BC) District and Industrial (I) District and created Light Industrial (LI) and Heavy Industrial (HI) Districts. Planning Director 011ie explained that in considering this item, the Planning Commission is recommending that major automobile repair uses be allowed within the Light Industrial Zoning District with a Specific Use Permit. The Light Industrial Zoning District includes less-intensive assembly, warehousing and distribution of products, while excludes uses such as but not limited to meat packing, chemicals and petroleum processing and manufacturing and foundries. The Special Use Permit would provide a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent properties and allows for site specific conditions where certain impacts may exist that require additional review to ensure compatibility between uses. The SUP process would afford the Commission and Council the opportunity to impose screening requirements to protect neighboring property owners even in the same zoning district. Ms. 011ie reported that in addition to the LI District, it is recommended that the Commercial Corridor(CC) District be amended to reflect the need for an SUP for major automobile repair. Under the current CC regulations, outside storage must be screened from view from any public street unless screened by an intervening building. There are no screening requirements when adjoining property is within the same zoning district. She explained that, again, the SUP would allow for specific conditions to be imposed on the property to ensure compatibility between uses. Council Discussion Mayor Mondy asked Planning Director 011ie what was driving this request. Planning Director 011ie replied that an application had been submitted by a property owner in the Regency Park District for "automobile repair services". She explained that when looking at the zoning ordinance these were classified as "major" and "minor" repair services. She stated that this initiated further review and the subsequent ordinance amendment. Mayor Mondy asked Sam Satterwhite, WEDC Executive Director to come forward. He asked him to explain the effect this amendment would have for this area and the planned improvements to the Regency Park district. Mr. Satterwhite stated that for properties that currently do not comply with zoning standards and the ordinances they were grandfathered in by; it is very difficult to rehabilitate and redevelop those types of properties. He explained that with the requirement of an SUP, the City could provide better protection and with new construction there are stipulations such as paved parking and other improvements that are required by city ordinances and codes. He suggested that it was up to the property owners and code enforcement to insure that the property was kept within the requirements of the zoning and building ordinances. Councilman Porter asked Planning Director 011ie if the SUP would require additional stipulations for each property and situation rather than across the board requirements. Ms. 011ie replied that was correct. Councilman Young stated that he believed screening needed to be included in any repair service in the Regency Park area and that this should be a requirement within any SUP issued. Mayor Pro Tern Byboth stated that he believed the Planning Commission was headed in this direction when they amended the Zoning Comprehensive Plan. Councilman Goss concurred. He stated that he believed the SUP gave the City some flexibility and also gave constraints that new construction would be required to stay within. "Even though we are allowing them to do it; we are telling them how to do it." City Manager Manson explained that not only could the stipulations be put in place on each individual SUP but by requiring an SUP, it is not allowed by right and can be denied. Minutes—January 8, 2008 Wylie City Council Page 3 Public Hearing Mayor Mondy opened the Public Hearing for amendments to Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations specifying the location of Major Automobile Repair uses, at 6:15 p.m. He asked anyone present wishing to address Council to come forward and state their name and address for the record. No one was present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 6:15 p.m. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve an amendment to Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations and specifying the location of Major Automobile Repair uses. A vote was taken and passed 7-0. 2. Hold a Public Hearing for the annexation of a 0.1079 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas, generally located south of F.M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the City of Wylie. The property is located south of F. M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. The City Council of Murphy, Texas has de-annexed the subject property from its corporate city limits per the approved boundary agreement. She reported that the vacant 0.1079 acre tract does not contain any residents of the City of Murphy. Planning Director 011ie explained that before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 26, 2007 First Public Hearing January 8, 2008 Second Public Hearing January 22, 2008 Adoption of Ordinance February 12, 2008 Planning Director 011ie explained that Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Public Hearing Mayor Mondy opened the first public hearing for the annexation of a 0.0179 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas at 6:18 p.m. asking anyone present wishing to address Council on this annexation to come forward and state their name and address. Minutes—January 8, 2008 Wylie City Council Page 4 Mayor Mondy asked if the property owner was present to address Council. Planning Director 011ie reported that the property owner was not present. Mayor Mondy asked if the property owner was notified of the public hearing. Planning Director 011ie reported that the Notice of the Public Hearing was published in the paper per the Wylie City Charter and Local Government Code. No one was present to address Council during the public hearing. Mayor Mondy closed the public hearing at 6:18 p.m. The second public hearing will take place January 22, 2008 during the next regular scheduled City Council meeting. General Business 3. Consider, and act upon, approval of a Professional Engineering Services Agreement with Birkhoff, Hendricks & Conway, L.L.P., in an amount not to exceed $1,048,000, for the design of the expansion of Brown Street from FM 1378 to Ballard Avenue. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program identified $9,000,000 for the design and construction of approximately 9,500 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from FM 1378 to Ballard Avenue. $4,453,750 was also included in the recent Collin County Bond Program for the project as shown on the attached table. Total funds available for the project are $13,453,750. The first bond issue included $1,220,000 for engineering and right of way acquisition for this project. Engineering services for the project include the design of a 4- lane paving section, storm sewer, sidewalks, utility relocations, erosion control, traffic control, and right of way documents. A summary of the proposed engineering fee is shown below: Summary of Fees Preliminary Design Phase $294,000 Final Design Services $420,000 Bid Phase Services $25,200 Construction Phase $100,800 Additional Services $208,000 TOTAL $1,048,000 City Engineer Holsted explained that the additional services include field survey, right-of-way map, field note descriptions, flood study, grade separated railroad crossing study, franchise utility locates geotechnical report, signal warrant study, landscape and irrigation plans, and street lighting plans. The survey, right-of-way, and field note services are necessary to complete the project, however, the other services are optional and can be made a part of this project if Council so chooses. Additional services are billed on an hourly basis and the proposal suggests a maximum amount that is necessary to complete each task. He reported that the completion schedule indicates a preliminary schematic in March 2008, preliminary construction plans in August 2008, and advertising the project for construction in January 2009. Council Discussion Councilman Young asked City Engineer Holsted if the cost differed if the alternate services were bid as alternates, or bid in with the contract. City Engineer Holsted replied that there was not a cost difference; Minutes—January 8, 2008 Wylie City Council Page 5 the contractors typically see this type of thing on a large project so they know it may or may not get approved. In some cases it goes according to rank to the bidder in the order of alternates Council approves. City Engineer Hoisted explained that the cost would be more if it was changed by "change order" later. Bidding it as alternate services is the best process. You can then approve the base or any portions of the alternates you want. Councilman Goss asked for clarification regarding Part V, Exclusions, Item D; Certification that work is in accordance with plans and specifications. He asked City Engineer Hoisted if he was comfortable with the exclusion. City Engineer Hoisted replied that the City had ultimate inspections of the project and was comfortable with the exclusion. This is not a service that the engineering firm provides. He reported that there were two engineers on staff and the project would be inspected by those staff members, on a full time basis, throughout the length of the project. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve a Professional Engineering Services Agreement with Birkhoff, Hendricks & Conway, L.L.P., in an amount not to exceed $1,048,000. for the design of the expansion of Brown Street from FM 1378 to Ballard Avenue. A vote was taken and passed 7-0. 4. Consider, and act upon, approval of the proposed City of Wylie Storm Water Management Plan to be submitted to the Texas Commission on Environmental Quality (TCEQ). (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that the U.S. Environmental Protection Agency (EPA) issued regulations in 1999 to protect storm water quality in urbanized areas. In Texas, the Texas Commission on Environmental Quality (TCEQ) was delegated the responsibility for implementing the regulations, commonly called the Phase II Storm Water program. The City of Wylie is one of several hundred cities, counties, and other public entities required to develop a program to protect storm water quality under Phase II regulations. The EPA required the TCEQ to develop permit conditions for General Permit Number TXR040000 by December 9, 2002 to regulate public entities such as the City. The TCEQ finalized the permit on August 13, 2007 requiring the City to develop and submit a plan for a storm water management program within 180 days. Public Services Director Sferra reported that the program will need to be implemented over the next five years. Mr. Sferra explained that the implementation schedule and measurable goals for the five-year permit term were selected to meet the minimum requirements of the TCEQ and to minimize the impact upon the City budget. The City is required to develop a Storm Water Management Plan (SWMP) that describes specific actions that will be taken over a five-year period to reduce pollutants and protect the City's storm water quality. The Storm Water Management Plan also sets measurable goals and provides a schedule for the implementation for Best Management Practices. Implementation of the selected Best Management Practices is expected to result in reductions of pollutants discharged by the City. Mr. Sferra reported that as part of the FY07-08 midyear budget process, Council authorized funding for consultant services to assist in development of the SWMP with the stipulation that funds not be expensed until the TCEQ issued the General Permit. When the permit was finalized in August 2007, Freese and Nichols, Inc., a firm familiar with the City's storm water needs and SWMP development, was contracted to assist in developing the plan. Staff completed the draft document in December 2007. Mr. Sferra explained that in order to be in compliance with the TCEQ's 180 day deadline, the draft plan (presented tonight), with any changes suggested by Council, will need to be submitted to TCEQ by February 11, 2008. Council Discussion Councilman Young asked Public Services Director Sferra what would happen if the management plan was not implemented according to TCEQ requirements. Mr. Sferra explained that the City would receive Minutes—January 8, 2008 Wylie City Council Page 6 a non-compliance letter and if the City did not respond with the plan, there would be a series of fines placed on the City by TCEQ. Councilman Young asked how the phases of the implementation would be reported to the State. Mr. Sferra introduced Trey Shanks representing consultants Freese and Nichols, Inc. Mr. Shanks explained that once the plan is received by TCEQ, they will perform a review of the plan, insuring that the plan provides water quality benefits. He explained that on an annual basis, the City will be required to report what the City accomplished in the previous year and how well it worked. There will also be periodic visits to insure that what the City is reporting is actually what the City has completed. These will not be on an annual basis but rather random visits. Councilman Young asked if the standards will also include private property and easements such as driveways to insure water quality is protected. Public Services Director Sferra noted that these were included in the draft plan and may require the review of the City's design standards to insure they are in compliance with the plan. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve the Proposed City of Wylie Storm Water Management Plan to be submitted to the Texas Commission on Environmental Quality (TCEQ). A vote was taken and passed 7-0. 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 caption to Ordinance No. 2008-01 into the official record. ADJOURNMENT With no further business before Council, Mayor Pro Tern Byboth made a motion to adjourn at 6:30 p.m. Councilman Goss seconded the motion. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—January 8, 2008 Wylie City Council Page 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 9, 2008 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-02 amending Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service & Commercial, establishing regulations specifying the location of Major Automobile Repair uses. Recommendation Motion to approve Ordinance No. 2008-02 amending Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service & Commercial, establishing regulations specifying the location of Major Automobile Repair uses. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Zoning Ordinance 2006-04, Article 5, Section 5.l(F)(3): Retail, Personal Service & Commercial of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 01/09/08 City Manager fflflil Page 1 of 1 ORDINANCE NO. 2008-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE NO. 2006-04, ARTICLE 5, SECTION 5.1(F)(3): RETAIL, PERSONAL SERVICE & COMMERCIAL, ESTABLISHING REGULATIONS SPECIFYING THE LOCATION OF MAJOR AUTOMOBILE REPAIR USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2006-04, Article 5, Section 5.1(f)(3): Retail, Personal Service & Commercial, establishing regulations specifying the location of major automobile repair uses; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Zoning Ordinance No. 2006-04, Article 5, Section 5.1(0(3): Retail, Personal Service & Commercial, establishing regulations specifying the location of major automobile repair uses, should be amended 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 Zoning Ordinance No. 2006-04, Article 5, Section 5.1(f)(3): Retail, Personal Service & Commercial, establishing regulations specifying the Ordinance No.2008-02 Amending Zoning Ordinance 2006-04 Article 5, Section 5.1(F)(3) Location of Major Automobile Repair Uses location of major automobile repair uses. Amendment to Zoning Ordinance No. 2006-04, Article 5, Section 5.1(f)(3): Retail, Personal Service & Commercial, establishing regulations specifying the location of major automobile repair uses, is hereby amended to read as shown below: Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH F.RETAIL, PERSONAL NS CR CC L I H I DTH 30 26 24 SERVICE& COMMERCIAL S 1 Anima(Clinic or Hospital s p p 2 Automobile Rental S P* P P* P 3. Automobile Repair, S S P Major 4 Automobile Repair Minor s p p P S 5 Body Art Studio P* P* 6 Car Quash S P P 7 Club or Lodge Non profit) p p P P 8 Contractors Maintenance S P Yard SECTION 3: 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, 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 ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full Ordinance No.2008-02 Amending Zoning Ordinance 2006-04 Article 5, Section 5.1(F)(3) Location of Major Automobile Repair Uses force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of January, 2008. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Joplin, P.C. Rebecca Brewer City Attorneys Ordinance No. 2008-02 Amending Zoning Ordinance 2006-04 Article 5, Section 5.1(F)(3) Location of Major Automobile Repair Uses 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: C Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: January 11, 2008 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2008-03 amending Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution), Subsection I (Inhabited Premises ) Amendment to Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution) Subsection I (Inhabited Premises). Recommendation A motion to approve Ordinance No. 2008-03 amending Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution), Subsection I (Inhabited Premises). Discussion The current Handbill ordinance in regards to Inhabited Premises states: "It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, political handbill or religious handbill upon any premises which are inhabited and not otherwise posted as provided for in Subsection J below, except by handing or transmitting such handbill, political handbill or religious handbill directly to the owner, occupant, or any other person then present in or upon such premises. The wording of the ordinance causes the solicitor to contact the occupant of the premises prior to leaving the handbill. Staff feels this would interfere with the quality of life for the citizens of Wylie and request approval of an amendment to Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution), Subsection I (Inhabited Premises) removing Subsection I from section 4. Approved By Initial Date Department Director JD 01-11-08 City Manager Ili Ilk 1 (j -/O Page 1 of 1 ORDINANCE NO. 2008-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2005-11, ARTICLE 1 (GENERAL PROVISIONS), SECTION 4 (UNLAWFUL SOLICITATION AND HANDBILL DISTRIBUTION),SUBSECTION I(INHABITED PREMISES);PROVIDING FOR A PENALTY OF THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY,REPEALING AND SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS CAPTION HEREOF;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of the City of Wylie,Texas("Wylie")to amend Ordinance No.2005-11,Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution) Subsection I (Inhabited Premises) 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. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution), Subsection I (Inhabited Premises). Amendment to Ordinance No. 2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill Distribution)Subsection I(Inhabited Premises)is hereby amended to read as follows: "I. Reserved." SECTION 4: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. Wylie Ordinance No.2005-11 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. Ordinance No.2008-03 Amendment to Ordinance No.2005-11 Deleting Section 4, Subsection I(Handbill Ordinance) Page 1 504836v1 SECTION 6: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of January, 2008. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE ERHLICH, City Secretary Date of publication in The Wylie News—January 30, 2008 Ordinance No.2008-03 Amendment to Ordinance No.2005-11 Deleting Section 4, Subsection I(Handbill Ordinance) Page 2 504836v1 ORDINANCE NO.2005-11 AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDINANCE NOS. 77-5 AND 95-8; REGULATING AND DEFINING ITINERANT MERCHANTS, ITINERANT VENDORS, SOLICITORS, HANDBILL DISTRIBUTORS AND PERSONS SELLING OR TAKING ORDERS FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS,MAGAZINES OR SUBSCRIPTIONS TO NEWSPAPERS OR MAGAZINES; PROVIDING FOR A PERMIT OR CERTIFICATE OF REGISTRATION AND APPLICABLE FEES; PROVIDING EXCEPTIONS THERETO; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS CAPTION HEREOF AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of the City of Wylie, Texas ("Wylie") to prevent potential traffic hazards resulting from unauthorized use of the public right-of-way and city property; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid loitering and keep the right-of-way clear from unauthorized activity to prevent citizens from feeling threatened or being distracted by persons located outside their vehicle while driving as a means of crime prevention and to prevent accidents; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid and prevent littering within the city; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid loitering and unwanted solicitation or visitors on private property to prevent citizens from feeling threatened while on private property and as a means of crime prevention; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid certain obstructions in the right-of- way that may interfere with emergency services; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in residential areas; Ordinance No.2005-11 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) WHEREAS, there are many locations throughout Wylie that are zoned for commercial activity or are a public forum for expression; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly commercial and residential atmospheres; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and limit what an occupant must be unwillingly exposed to relative to the enjoyment of the investment made in the home; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to enhance property values and psychological well-being for individuals and families; WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to repeal Ordinance Nos. 77-5 and 95-8. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: ARTICLE I GENERAL PROVISIONS 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: ORDINANCE NOS. 77-5 AND 95-8 REPEALED. Wylie Ordinance Nos. 77-5 and 95-8 are repealed in their entirety and replaced by this Ordinance for the sole purpose of consolidating the rules and regulations relating to solicitation and the distribution of handbills. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance Nos. 77-5 and 95-8 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 Nos.77-5 and 95- 8 occurring before the effective date of this Ordinance. Ordinance No.2005-11 2 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 3: DEFINITIONS. A. The following words and phrases, when used in this Ordinance, shall have the meaning ascribed to them by this Section: 1. Business day means any calendar day except Saturday, Sunday or any local, state, or national holiday. 2. Charitable purpose shall mean philanthropic, religious or other nonprofit objectives,including the benefit of poor,needy,sick,refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization;the benefit of any fraternal,social or civil organization,or the benefit of any educational institution. "Charitable purpose"shall not be construed to include the direct benefit of the individual making the solicitation or construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law. 3. City or Wylie means the City of Wylie, Texas. 4. City Manager means the City Manager of the City of Wylie,Texas,or his/her designee. 5. Consumer means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes. 6. Consumer transaction means a sales transaction in which one(1)or more of the parties is a consumer. 7. Handbill means and includes any printed or written matter, any sample or devise,dodger,circular,leaflet,pamphlet,paper,booklet,or any other printed or otherwise reproduced original copies of any matter or literature,except for religious handbills or political handbills. 8. Handbill,political means any handbill containing exclusively political speech as the term "political speech" is generally defined under the legal jurisprudence of the State of Texas and the United States of America. 9. Handbill, religious means any handbill containing exclusively religious speech as the term "religious speech" is generally defined under the legal jurisprudence of the State of Texas and the United States of America. 10. Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing handbills,other than newspapers Ordinance No.2005-11 3 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills. 11. Handbill sponsor means and includes any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message. 12. Home solicitation transaction means a consumer transaction for the purchase of goods, services,or realty,payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence, in person or by telephone,and the consumer's agreement of offer to purchase is given at the residence to the merchant either in person or by telephone. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment, at a fixed location, where goods or services are offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. 13. Individual or person shall mean an individual, a group of two (2) or more individuals, proprietorship, partnership, corporation, limited liability company, association or other legal entity. 14. Job placement activities means any request, offer, enticement, or action which announces the availability for or of employment or seeks to secure employment. As defined herein,"job placement activities"shall be deemed complete when made whether or not an actual employment relationship is created. 15. Merchant means a party to a consumer transaction other than a consumer. 16. Resident means any separate living unit occupied for residential purposes by one (1)or more persons, contained within any type of building or structure. 17. Solicit funds or solicitation of funds or solicitation shall mean any home solicitation transaction; any request for the donation of money, property,or anything of value, or the pledge of a future donation of money,property,or anything of value; or the selling, or offering for sale, or the purchasing, or offering to purchase,of any property,real or personal,tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets,tickets, publications or subscriptions to publications. Expressly excluded from the meaning of"solicit funds" or "solicitation of funds" or "solicitation"is any offers of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limit of the city. Ordinance No.2005-11 4 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) B. All terminology used in this Ordinance and not specifically defined above,shall retain its meaning in conformance with applicable publications of the American National Standards Institute(ANSI)or its successor body and/or the latest volume of Webster's Collegiate Dictionary. SECTION 4: UNLAWFUL SOLICITATION AND HANDBILL DISTRIBUTION. A. Solicitation Permit Required. No person,directly or through an agent,shall canvass or solicit in person from house to house in the city to sell or attempt to sell goods, merchandise, wares, services or anything of value or to take or attempt to take orders for the future delivery of goods,merchandise,wares,or any personal property of any nature whatsoever,or take or attempt to take orders for services to be furnished or performed in the future, without first having a written permit therefor, unless the solicitation is for charitable purposes. B. Handbill Distribution Permit Required. It shall be unlawful for any person,directly or through an agent or employee to distribute or cause to be distributed,deposited,placed,thrown,cast, scattered,handed out or circulated any handbill in or upon any premises within the corporate limits of the city without first having obtained a written permit for such distribution. C. Certificate of Registration Required. It shall be unlawful for any person,directly or through an agent or employee,to solicit funds for charitable purposes within the corporate limits of the city without first having obtained a certificate of registration for such solicitation. It shall further be unlawful for any person, as the agent or employee of another, to solicit funds for charitable purposes within the corporate limits of the city unless his principal or employer has received a certificate of registration. D. Prohibited Hours. It shall be unlawful to solicit funds or distribute handbills,political handbills or religious handbills after 7:00 p.m. and before 9:00 a.m. E. Expiration of Permit/Certificate of Registration. It shall be unlawful for any person, directly or through an agent or employee,to solicit funds or distribute handbills after the expiration of any permit or certificate of registration issued as hereinafter provided. F. Compliance with Application/Registration Statement. It shall be unlawful for the person registering or applying, or the agents or employees thereof, to solicit funds or distribute handbills for a purpose other than that set out in the registration statement or application upon which the certificate of registration or permit was issued. G. No Endorsement by City. It shall be unlawful for any person who shall solicit funds or distribute handbills in the city to represent that the issuance of a certificate of registration or permit by the city constitutes an endorsement or approval of the solicitation or distribution by the city or its officers or employees. H. Uninhabited/Vacant Premises. It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any Ordinance No.2005-11 5 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) handbill, political handbill or religious handbill in or upon any premises which are temporarily or continuously uninhabited or vacant. I. Inhabited Premises. It shall be unlawful for any person to distribute or cause to be distributed,deposited,placed,thrown,cast,scattered,handed out or circulated any handbill,political handbill or religious handbill upon any premises which are inhabited and not otherwise posted as provided for in Subsection J below, except by handing or transmitting such handbill, political handbill or religious handbill directly to the owner,occupant,or any other person then present in or upon such premises. J. Premises(Posted Card). It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, political handbill or religious handbill upon any premises if requested not to do so by the owner, occupant, or any other person then present in or upon such premises, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the residence,a card as provided in Section 9(Exhibiting Card Prohibiting Solicitation and Handbills of any Type). K. Pasting,Posting,Attaching Prohibited. It shall be unlawful for any person to paste, stick, tack or place any handbill, political handbill or religious handbill upon any house, wall, building, fence,railings,pole street sign, sidewalk or other property,public or private,without the permission of the owner or the person in charge thereof. Should permission be granted pursuant to this Subsection,all other laws,rules and regulations shall be complied with regarding the placement of the handbill,political handbill or religious handbill. L. Handbill Sponsor Information Required. It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill in any place, under any circumstances,which does not have printed on the cover, front or back thereof,the name, address and telephone number of the handbill sponsor who caused the same to be distributed;provided,however,that in the case of a fictitious person or club,in addition to such fictitious name, the true name(s) and address(s) of the owner(s), manager(s), or agent(s) for the fictitious person or club sponsoring such handbill shall also appear thereon. M. Depositing on or in Vehicles Prohibited. It shall be unlawful for any person to throw, deposit,distribute or cause to be distributed or attached any handbill,religious handbill or political handbill in or upon any vehicle;provided,however,it shall not be unlawful in any public place for a person to hand out or distribute,without charge to the receiver thereof,a handbill,religious handbill or political handbill to an occupant of a vehicle who is willing to accept it. N. Use of Public Right-of-Way. It shall be unlawful for any person to:(i)peddle,solicit, sell,offer or exhibit for sale any merchandise or service,whether for profit,for a charitable purpose or otherwise;(ii)distribute handbills,political handbills or religious handbills whether for profit,for a charitable purpose or otherwise; or (iii) solicit funds, donations, contributions, employment, business or a ride, whether for profit, for a charitable purpose or otherwise, upon any public sidewalk, street, street right-of-way, median, traffic island, parkway, or other public right-of-way within Wylie. Ordinance No.2005-11 6 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 5: SUPERVISION OF CHILD SOLICITORS. It shall be unlawful for any person to use children thirteen(13)years of age or less for any type of solicitation or handbill distribution purposes unless the children are actively supervised by an adult individual at least eighteen (18) years of age, who has obtained the permit or certificate of registration required by this Ordinance,or is the agent of the individual who obtained the permit or certificate of registration. In all cases the supervising adult shall be within one hundred(100)yards of the child solicitor. SECTION 6: PERMIT OR CERTIFICATE OF REGISTRATION - GROUNDS FOR DENIAL OR REVOCATION. Failure to comply with any of the provisions of this Ordinance shall constitute grounds for denial or revocation of any permit or certificate of registration sought to be issued or issued in accordance with the provisions of this Ordinance. SECTION 7: PERMIT OR CERTIFICATE OF REGISTRATION - APPEAL FROM DENIAL OR REVOCATION. Should an applicant or registrant be denied a permit or certificate of registration, or have a permit or certificate of registration revoked,he/she may appeal that action to the City Manager by submitting a letter within ten (10) days of the denial or revocation. Upon receipt of the letter, the City Manager shall review the appeal and render a decision within seven(7)days to reject the action complained of and order that the permit or certificate of registration be granted or reinstated or uphold the denial or revocation. Should the City Manager uphold the denial or revocation, he/she shall schedule a hearing before the City Council at a regular or special meeting within thirty (30) days of the appeal request. The City Council shall render a decision on the appeal within seven(7) days of the date of the hearing. Such hearing shall be an administrative hearing, and adherence to formal rules of evidence shall not be required. The decision of the City Council shall be final. SECTION 8: AFFIRMATIVE DEFENSE AND EXEMPTION. A. It shall be an affirmative defense to prosecution under this Ordinance if the person is occupying the public right-of-way for the purpose of selling newspapers or publications of other printed material which deal with the dissemination of information or opinion;however,this defense is not available if said act occurred upon the paved surface or shoulder of any public street,highway or road. B. The provisions of this Ordinance shall not apply to: i) the regular delivery of newspapers or magazines or other items which have been subscribed to by the persons receiving them or by occupants of the premises to which they are delivered; ii) the interruption of service notices by utility companies;iii)the distribution of mail by the United Sates government;and iv)the service of any lien foreclosure or governmental notices of any character distributed by the City of Wylie or any other governmental entity. Ordinance No.2005-11 7 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 9: EXHIBITING CARD PROHIBITING SOLICITORS AND HANDBILL DISTRIBUTORS. A. A person desiring that no merchant or other person engage in solicitation, a home solicitation transaction, or distribution of handbills, political handbills or religious handbills at his/her premises shall exhibit,in a conspicuous place upon or near the main entrance to the premises, a weatherproof card,not less than three (3) inches by four(4) inches in size bearing the words"no trespassing", "no peddlers", "no advertisements", "no solicitation", "no handbills", or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed,or to have a handbill of any type left upon the premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height. B. Every person upon going onto any premises shall first examine the premises to determine if any notice prohibiting soliciting or handbill, political handbill or religious handbill distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting soliciting or handbill, political handbill or religious handbill distribution is exhibited, the person shall immediately depart from the premises without distributing,placing,or depositing any type of handbill or disturbing the occupant,unless the visit is the result of a request made by the occupant. C. No person shall go upon any premises and ring the doorbell,or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the premises,for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a solicitation or distribution transaction,if a card,as described in this Section,is exhibited in a conspicuous place upon or near the main entrance to the premises,unless the visit is the result of a request made by the occupant. D. No person,other than the owner or occupant of the premises,shall remove,deface,or render illegible, a card placed by the occupant pursuant to this Section. E. Any merchant or person who has gained entrance to a premises,or audience with the occupant,whether invited or not,shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant. ARTICLE II CHARITABLE SOLICITATION SECTION 10: EXCEPTIONS. The provisions of this Article II shall not apply to: 1. The solicitation of funds for charitable purposes by any organization or association from its members. 2. The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the Ordinance No.2005-11 8 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) premises, when previously invited to the premises for the solicitation. 3. The issuance of any announcement or advertisement that charitable solicitation will occur or which announces or advertises an event at which unannounced charitable solicitation will occur. SECTION 11: REGISTRATION STATEMENT. A. All persons desiring to solicit funds for charitable purposes in the City shall file with the City's Police Department a registration statement,on forms provided by the City,containing the following information: 1. The name of the person registering and desiring to solicit funds for charitable purposes. 2. Whether the person registering is a natural person,partnership,corporation or association, and: a. If a natural person, the business or residence address and telephone number must be given. b. If a partnership, the names of all partners and the principal business address and telephone number of the partnership and the address and telephone number of each partner must be given. c. If a corporation, the person registering must: i) state whether it is organized under the laws of the State of Texas or is a foreign corporation; ii) show the mailing address and telephone number of the principal place of business;iii)show the mailing address,business location, telephone number and name of the individual in charge of the Wylie office of such corporation,if any;iv)state the names of all officers and directors or trustees of such corporation; and v) if a foreign corporation, state the place of incorporation. d. If an association, the registration statement must: i) show the association's principal business address, and telephone number, if any;ii)show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten(10)in number,in which case the application shall so state and the person registering may alternatively list the names of principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association;and iii)if the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. Ordinance No.2005-11 9 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) ............ 3. The names,mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds. 4. The time period within which the solicitation of funds is to be made,giving the date of the beginning of solicitation and its concluding date. 5. A description of the methods and means by which the solicitation of funds is to be accomplished. 6. Approved documentation of the tax exempt status,as described in Section 12 below,of the applicant to justify the solicitation to be for charitable purposes. 7. A statement to the effect that if a certificate of registration is granted, such certificate will not be used or represented to be an endorsement or approval by the city or any of its officers or employees. 8. Each person registering shall provide proof of identification through submission of a valid driver's license or other valid/official photo ID. 9. Any other information which the city deems necessary for the administration of this Article. B. The registration statement must be signed by the applicant if the person registering is an individual;if the applicant registering is a partnership,by the partner charged with disbursing the funds solicited; if the applicant registering is a corporation or an association,by its officer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement,swearing that he/she carefully read the registration statement and that all the information contained therein is true and correct. C. Information provided by applicant in accordance with the provisions of this Article shall be subject to verification by the Wylie Police Department. Such registration statement shall also be satisfactory written proof of the applicant's authority to represent the partnership, corporation, association or business entity. SECTION 12: REGISTRATION FEE. Every registration statement shall be accompanied by a nonrefundable registration fee of seventy-five dollars ($75.00)to compensate the city for the cost of administering this Article, and such fee will not be refunded if a certificate of registration is not issued. No certificate of registration provided for by this Article shall be issued until such fee has been paid by the applicant registering. However,such registration fee of seventy-five dollars($75.00)shall not be required of a duly authorized,tax exempt,charitable organization registered as such with the Secretary of State for the State of Texas. Proof of such tax exempt status from the Comptroller of the State of Texas or the Internal Revenue Service must be provided to the city. Ordinance No.2005-11 10 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 13: CERTIFICATE OF REGISTRATION ISSUANCE, DURATION AND FORM. A. After review of the registration statement to determine its compliance with Section 11 above, and within fifteen(15)business days of the receipt of the registration statement,unless it is determined that the applicant has provided false or incomplete information on its application, the Wylie Police Department shall either issue a certificate of registration, or notify the person registering that the registration statement does not comply with the requirements of Section 11 above, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued. B. Every certificate of registration issued by the city shall expire at the termination of the solicitation period specified in the registration statement or one(1)year from the date of issuance, whichever is less. C. The city shall prescribe the form of the certificate of registration. Each such certificate of registration shall be printed in black except that the following shall be printed prominently thereon in red:"The issuance of this certificate of registration is not an endorsement by the City of Wylie or any of its officers or employees." Each certificate of registration shall bear a registration number which is the same as the file containing the registration statement filed by the registrant. SECTION 14: SOLICITOR'S IDENTIFICATION. A. Each solicitor shall carry with him/her and produce upon request the following authorization and identification: 1. Proof of tax exempt status described in Section 12 or authorization to represent the tax exempt, charitable organization; and 2. A copy of the certificate of registration issued by the City of Wylie; and 3. A valid driver's license or other valid/official photo ID. SECTION 15: PUBLIC DISCLOSURE. All registration statements,whether or not a certificate of registration has been issued,shall be a public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at cost. ARTICLE III NONCHARITABLE SOLICITATION AND HANDBILL DISTRIBUTION SECTION 16: EXCEPTION. The provisions of this Article II shall not apply to a person: Ordinance No.2005-11 I I SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) 1. Engaged in charitable solicitation and meeting one of the exceptions in Article II, Section 10; 2. Holding a certification of registration as provided in Article II; or 3. Engaged in the distribution of political handbills or religious handbills. SECTION 17: APPLICATION FOR PERMIT. A. Any person desiring to make home solicitation transactions or distribute handbills within the city shall file a written application for a permit to do so with the Wylie Police Department, which application shall show: 1. The name of the person applying and desiring to make home solicitations or distribute handbills; 2. The name of the handbill sponsor if the permit applied for is for distribution of handbills; 3. Whether the person registering is a natural person,partnership,corporation or association, and: a. If a natural person, the business or residence address and telephone number must be given. b. If a partnership,the names of all partners and the principal business address and telephone number of the partnership and the address and telephone number of each partner must be given. c. If a corporation, the person registering must: i) state whether it is organized under the laws of the state of Texas or is a foreign corporation; ii) show the mailing address and telephone number of the principal place of business;iii)show the mailing address,business location, telephone number and name of the individual in charge of the Wylie office of such corporation,if any;iv)state the names of all officers and directors or trustees of such corporation; and v) if a foreign corporation, state the place of incorporation. d. If an association, the registration statement must: i) show the association's principal business address, and telephone number, if any;ii)show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten(10)in number,in which case the application shall so state and the person registering may alternatively list the names of Ordinance No.2005-11 12 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association;and iii)if the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. 4. The names,mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds or distribution of handbills. 5. The time period within which the solicitation of funds or distribution of handbills is to be made,giving the date of the beginning of solicitation and its concluding date. 6. A description of the methods and means by which the solicitation of funds or distribution of handbills is to be accomplished. 7. The names of other communities in which the applicant has made home solicitations or distribution of handbills in the past six (6)months. 8. The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished. 9. Whether such applicant, upon any such order so obtained, will demand, accept or receive payment or deposit of money in advance of final delivery. 10. Each applicant shall provide proof of identification through submission of a valid driver's license or other valid/official photo ID. 11. A statement to the effect that if a permit is granted, such permit will not be used or represented to be an endorsement or approval by the city or any of its officers or employees. 12. Any other information which the city deems necessary for the administration of the Article. B. The application must be signed by the applicant, if the person applying is an individual;if the applicant is a partnership,by the partner charged with disbursing the funds solicited or overseeing the handbill distribution; if the applicant is a corporation or an association, by its officer charged with disbursing the funds solicited or overseeing the handbill distribution. The individual signing the application shall sign the application, swearing that he/she carefully read the application and that all the information contained therein is true and correct. C. The application must be accompanied by a copy of a valid states sales tax certificate, if applicable. Ordinance No.2005-11 13 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) D. Information provided by applicant in accordance with the provisions of this Article shall be subject to verification by the Wylie Police Department. Such application shall also be satisfactory written proof of the individual's authority to represent the partnership, corporation, association or business entity. SECTION 18: PERMIT FEE. Every application shall be accompanied by a nonrefundable application fee of seventy-five dollars ($75.00)to compensate the city for the cost of administering this Article, and such fee will not be refunded if a permit is not issued. No permit provided for by this Article shall be issued until such fee has been paid by the applicant. SECTION 19: EXEMPTIONS FROM PERMIT FEE. The permit fee required for the issuance of a permit under the provisions of this Article shall not be required of the following: 1. Ordinary commercial travelers who sell or exhibit for sale goods, wares or merchandise to persons selling and dealing in the same within the city. 2. Persons offering for sale agricultural products,meats,poultry or other articles of food grown or produced by such persons. 3. Individuals operating under licenses granted by a state agency. SECTION 20: PERMIT ISSUANCE, DURATION AND FORM. A. After review of the application to determine its compliance with Section 17 above, and within fifteen(15)business days of the receipt of the application,unless it is determined that the applicant has provided false or incomplete information on its application, the Wylie Police Department shall either issue a permit, or notify the person applying that the application does not comply with the requirements of Section 17 above,and specifically point out what information or explanation has not been furnished that is required before a permit can be issued. B. A permit requested under this Article shall be issued for the length of time requested, not to exceed six (6)months. C. The city shall prescribe the form of the permit. Each such permit shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of this permit is not an endorsement by the City of Wylie or any of its officers or employees." Each permit shall bear a permit number which is the same as the files containing the application filed by the applicant. Ordinance No.2005-11 14 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 21: SOLICITOR'S AND HANDBILL DISTRIBUTOR'S IDENTIFICATION. Each person soliciting and/or distributing handbills shall carry with him/her and produce upon request the following information and identification: 1. Authorization to represent the permittee by holding a copy of the permit issued by the City of Wylie; and 2. A copy of the valid state sales tax certificate, if applicable; and 3. A valid driver's license or other valid/official photo ID. SECTION 22: PUBLIC DISCLOSURE. All applications,whether or not a permit has been issued,shall be public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at cost. ARTICLE IV JOB PLACEMENT ACTIVITIES SECTION 23: PROHIBITION OF JOB PLACEMENT ACTIVITIES IN UNAUTHORIZED LOCATIONS. A. No person shall engage in or attempt to engage in job placement activities in an unauthorized location. This Section shall not apply to job placement activities concerning employment or business for the owner or lawful tenants of the subject premises. B. This Section shall only apply to unauthorized locations where the location has a notice posted in both English and Spanish in a conspicuous place at each entrance and exit to such location not less than eighteen(18)by twenty-four(24)inches in size with lettering not less than one (1) inch in height and not to exceed, in total area, six (6) square feet. The notice shall be in substantially the following form: "It is unlawful to engage in job placement activities on these premises." C. This Article shall override other Ordinances regulating the placement of signage, temporary or permanent, for the purpose of solicitation or job placement in and throughout Wylie. ARTICLE V MISCELLANEOUS PROVISIONS SECTION 24: PENALTY. Ordinance No.2005-11 15 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) Any person, firm, corporation or business 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). Each continuing day's violation under this Ordinance shall constitute a separate offense.The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation.Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 25: SAVINGS/REPEALING. Except as otherwise stated herein,all provisions of any Wylie ordinances in conflict herewith are repealed to the extent they are in conflict,but such repeal shall not abate any pending prosecution for the 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; provided, however, Wylie Ordinance Nos. 77-5 and 95-8 shall remain in full force and effect until the effective date of this Ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 26: 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 is would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be declared unconstitutional or invalid. SECTION 27: PUBLICATION AND EFFECTIVE DATE. The caption of this Ordinance shall be published in accordance with Wylie's City Charter and applicable law and shall become effective on the tenth(10th) day after such publication. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of March 2005. M ND , Mayor ATTESTED TO AND ``\`�' OF Wy��,,,, CORRECTLY RECORDED BY: ••• <<` CAROLE E H, City Secretary Date of publication in The Wylie News-March 30,2005 /��IQ�F l N`````` l�u� Ordinance No.2005-11 16 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: January 9, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Reports for the periods ending October 31, 2007,November 30, 2007 and December 31, 2007. Recommendation Accept, and place on file, the Monthly Revenue and Expenditure Reports for the periods ending October 31, 2007,November 30, 2007 and December 31, 2007. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 01/9/08 City Manager � l /S Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:OCTOBER 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 240,230.95 81,229.24 -159,002 FRANCHISE FEES 1,980,000 0.00 0 0 LICENSES AND PERMITS 977,750 78,966.58 60,318.40 -18,648 INTERGOVERNMENTAL REV. 451,110 54,721.38 25 -54,696 SERVICE FEES 2,262,140 143,733.04 298,828.35 155,095 FINES AND FORFEITURES 551,000 45,898.30 44,285.00 -1,613 INTEREST INCOME 250,000 20,833.37 24,916.98 4,084 MISCELLANEOUS INCOME 78,500 6,539.05 3,929.09 -2,610 OTHER FINANCING SOURCES 455,000 416.63 6,222.49 5,806 TOTAL REVENUES 21,507,520 591,339 519,755 -71,585 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 11,600.11 43,715.10 32,115 CITY MANAGER 627,060 52,255.00 37,846.14 -14,409 CITY SECRETARY 254,176 21,181.37 13,742.31 -7,439 CITY ATTORNEY 133,000 11,083.37 5,811.61 -5,272 FINANCE 678,460 56,538.37 30,120.15 -26,418 FLEET&FACILITIES SVC 243,300 20,275.00 5,859.97 -14,415 MUNICIPAL COURT 328,818 27,401.72 21,167.21 -6,235 HUMAN RESOURCES 200,740 16,728.48 9,100.52 -7,628 PURCHASING 102,786 8,565.39 7,885.69 -680 INFORMATION TECHNOLOGY 385,700 32,141.74 75,833.47 43,692 POLICE 4,468,740 372,392.76 374,206.50 1,814 FIRE 4,562,352 380,196.11 341,829.07 -38,367 ANIMAL CONTROL 267,200 22,266.74 15,463.58 -6,803 PLANNING 407,020 33,918.26 23,835.34 -10,083 BUILDING INSPECTION 722,160 60,180.00 43,696.28 -16,484 CODE ENFORCEMENT 154,790 12,899.24 5,019.87 -7,879 STREETS 1,630,040 135,836.85 110,048.46 -25,788 PARKS 1,489,210 124,100.76 134,723.46 10,623 RECREATION 318,845 26,570.38 7,523.78 -19,047 LIBRARY 709,106 59,092.02 82,039.04 22,947 COMBINED SERVICES 3,646,600 303,883.26 232,434.63 -71,449 TOTAL EXPENDITURES 21,469,303 1,789,107 1,621,902 -167,205 REVENUES OVER/(UNDER)EXPENDITURES 38,217 -1,197,768 -1,102,148 95,620 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:OCTOBER 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 718,083.15 2,357,555.42 1,639,472 INTEREST INCOME 200,000 16,666.63 22,605.26 5,939 MISCELLANEOUS INCOME 30,000 2,500.00 4,585.00 2,085 OTHER FINANCING SOURCES 1,707,000 0.00 0 0 TOTAL REVENUES 10,554,000 737,250 2,384,746 1,647,496 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 45,731.09 38,475.48 -7,256 UTILITIES-WATER 1,081,020 90,085.00 75,286.46 -14,799 CITY ENGINEER 455,226 37,935.61 26,678.24 -11,257 UTILITIES-SEWER 497,980 41,498.37 36,592.76 -4,906 UTILITY BILLING 774,914 64,576.35 27,647.91 -36,928 COMBINED SERVICES 7,297,620 61,194.47 61,194.47 0 TOTAL EXPENDITURES 10,655,530 341,021 265,875 -75,146 REVENUES OVER/(UNDER)EXPENDITURES -101,530 396,229 2,118,870 1,722,641 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: NOVEMBER 30,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 801,520.52 1,096,861.01 295,340 FRANCHISE FEES 1,980,000 70,443.50 15,291.59 -55,152 LICENSES AND PERMITS 977,750 128,813.16 113,707.30 -15,106 INTERGOVERNMENTAL REV. 451,110 69,144.96 71,371.00 2,226 SERVICE FEES 2,262,140 297,327.24 359,751.08 62,424 FINES AND FORFEITURES 551,000 91,796.60 88,660.72 -3,136 INTEREST INCOME 250,000 41,666.70 25,481.49 -16,185 MISCELLANEOUS INCOME 78,500 13,078.10 9,210.18 -3,868 OTHER FINANCING SOURCES 455,000 12,471.94 12,471.94 0 TOTAL REVENUES 21,507,520 1,526,263 1,792,806 266,544 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 23,200.10 45,800.25 22,600 CITY MANAGER 627,060 104,510.00 86,343.01 -18,167 CITY SECRETARY 254,176 42,362.74 32,210.41 -10,152 CITY ATTORNEY 133,000 22,166.70 36,320.86 14,154 FINANCE 678,460 113,076.70 92,226.40 -20,850 FLEET&FACILITIES SVC 243,300 40,550.00 53,168.96 12,619 MUNICIPAL COURT 328,818 54,803.20 43,095.10 -11,708 HUMAN RESOURCES 200,740 33,456.80 26,523.21 -6,934 PURCHASING 102,786 17,130.90 17,876.45 746 INFORMATION TECHNOLOGY 385,700 64,283.40 120,256.82 55,973 POLICE 4,468,740 744,785.43 730,703.41 -14,082 FIRE 4,562,352 760,392.10 676,953.98 -83,438 ANIMAL CONTROL 267,200 44,533.40 33,991.66 -10,542 PLANNING 407,020 67,836.60 50,149.09 -17,688 BUILDING INSPECTION 722,160 120,360.00 98,357.73 -22,002 CODE ENFORCEMENT 154,790 25,798.40 12,184.96 -13,613 STREETS 1,630,040 271,673.50 173,860.06 -97,813 PARKS 1,489,210 248,201.60 240,599.49 -7,602 RECREATION 318,845 53,140.80 8,708.08 -44,433 LIBRARY 709,106 118,184.20 128,052.40 9,868 COMBINED SERVICES 3,646,600 607,766.60 377,186.34 -230,580 a TOTAL EXPENDITURES 21,469,303 3,578,213 3,084,569 -493,645 REVENUES OVER/(UNDER)EXPENDITURES 38,217 -2,051,950 -1,291,762 760,188 a.Combined Services not spent. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: NOVEMBER 30,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 1,436,166.50 2,364,309.85 928,143 b INTEREST INCOME 200,000 33,333.30 22,605.26 -10,728 MISCELLANEOUS INCOME 30,000 5,000.00 7,290.00 2,290 OTHER FINANCING SOURCES 1,707,000 0.00 0 0 TOTAL REVENUES 10,554,000 1,474,500 2,394,205 919,705 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 91,461.90 99,306.22 7,844 UTILITIES-WATER 1,081,020 180,170.00 154,417.58 -25,752 CITY ENGINEER 455,226 75,871.10 71,745.99 -4,125 UTILITIES-SEWER 497,980 82,996.70 62,108.40 -20,888 UTILITY BILLING 774,914 129,152.50 61,582.07 -67,570 COMBINED SERVICES 7,297,620 201,752.70 270,245.89 68,493 TOTAL EXPENDITURES 10,655,530 761,405 719,406 -41,999 REVENUES OVER/(UNDER)EXPENDITURES -101,530 713,095 1,674,799 961,704 b.Water sales have increased and new rate took effect. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: DECEMBER 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 7,161,536.21 7,279,600.50 118,064 FRANCHISE FEES 1,980,000 85,943.50 15,396.61 -70,547 LICENSES AND PERMITS 977,750 180,499.74 152,996.28 -27,503 INTERGOVERNMENTAL REV. 451,110 88,148.34 76,826.09 -11,322 SERVICE FEES 2,262,140 469,963.68 511,991.56 42,028 FINES AND FORFEITURES 551,000 137,694.90 130,835.35 -6,860 INTEREST INCOME 250,000 62,500.03 26,018.92 -36,481 MISCELLANEOUS INCOME 78,500 19,617.15 17,155.96 -2,461 OTHER FINANCING SOURCES 455,000 18,748.47 18,748.47 0 TOTAL REVENUES 21,507,520 8,224,652 8,229,570 4,918 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 34,800.09 53,687.91 18,888 CITY MANAGER 627,060 156,765.00 149,525.61 -7,239 CITY SECRETARY 254,176 63,544.11 54,948.50 -8,596 CITY ATTORNEY 133,000 33,250.03 46,925.67 13,676 FINANCE 678,460 169,615.03 178,098.33 8,483 FLEET&FACILITIES SVC 243,300 60,825.00 96,911.80 36,087 MUNICIPAL COURT 328,818 82,204.68 73,034.98 -9,170 HUMAN RESOURCES 200,740 50,185.12 48,941.23 -1,244 PURCHASING 102,786 25,696.41 28,333.20 2,637 INFORMATION TECHNOLOGY 385,700 96,425.06 150,783.21 54,358 POLICE 4,468,740 1,117,178.10 1,193,954.58 76,776 FIRE 4,562,352 1,140,588.09 1,117,255.40 -23,333 ANIMAL CONTROL 267,200 66,800.06 56,302.60 -10,497 PLANNING 407,020 101,754.94 84,171.07 -17,584 BUILDING INSPECTION 722,160 180,540.00 162,933.54 -17,606 CODE ENFORCEMENT 154,790 38,697.56 25,436.21 -13,261 STREETS 1,630,040 407,510.15 385,770.69 -21,739 PARKS 1,489,210 372,302.44 344,736.66 -27,566 RECREATION 318,845 79,711.22 11,153.27 -68,558 LIBRARY 709,106 177,276.38 213,162.97 35,887 COMBINED SERVICES 3,646,600 670,074.88 627,684.15 -42,391 TOTAL EXPENDITURES 21,469,303 5,125,744 5,103,752 -21,993 REVENUES OVER/(UNDER)EXPENDITURES 38,217 3,098,908 3,125,818 26,910 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: DECEMBER 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 2,154,249.85 2,704,766.94 550,517 a INTEREST INCOME 200,000 49,999.97 22,605.26 -27,395 MISCELLANEOUS INCOME 30,000 7,500.00 10,720.00 3,220 OTHER FINANCING SOURCES 1,707,000 0.00 0.00 0 TOTAL REVENUES 10,554,000 2,211,750 2,738,092 526,342 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 137,192.71 141,947.31 4,755 UTILITIES-WATER 1,081,020 270,255.00 243,728.64 -26,526 CITY ENGINEER 455,226 113,806.59 99,913.15 -13,893 UTILITIES-SEWER 497,980 124,495.03 101,158.66 -23,336 UTILITY BILLING 774,914 193,728.65 103,258.22 -90,470 COMBINED SERVICES 7,297,620 303,289.56 226,354.23 -76,935 TOTAL EXPENDITURES 10,655,530 1,142,768 916,360 -226,407 REVENUES OVER/(UNDER)EXPENDITURES -101,530 1,068,982 1,821,732 752,750 a.Water sales have increased and new rate increase. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 01-22-08 Item Number: E Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 01-10-08 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2007 and December 31, 2007. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2007 and December 31, 2007. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on January 18, 2008. Approved By Initial Date Department Director SS 1/10/08 City Manager 410 Page 1 of 1 1-15-2008 08:44 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 235,210.93 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) ( 10,500.00) 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 1,342.46 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,477,510.16 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 1,735.67 1000-14410 DEFERRED CHARGE 195,610.00 2,900,909.22 TOTAL ASSETS 2,900,909.22 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 47.19 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 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 331.10) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,439.78 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 195,610.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 0.00 TOTAL LIABILITIES 197,765.87 1-15-2008 08:44 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: NOVEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,513,209.23 TOTAL BEGINNING EQUITY 2,513,209.23 TOTAL REVENUE 320,862.91 TOTAL EXPENSES 130,928.79 REVENUE OVER/(UNDER) EXPENSES 189,934.12 TOTAL EQUITY & OVER/(UNDER) 2,703,143.35 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 2,900,909.22 3? 1-15-2008 08:44 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2007 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS-CURRENT 240,339.34 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 TOTAL LIABILITIES 1,540,687.40 EQUITY 3000-34590 FUND BALANCE ( 1,540,687.40) TOTAL BEGINNING EQUITY ( 1,540,687.40) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,540,687.40) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2007 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 1,300,000.00 0.00 0.00 0.00 0.00 1,300,000.00 0.00 INTEREST INCOME 9,000.00 916.21 0.00 1,712.91 0.00 7,287.09 19.03 MISCELLANEOUS INCOME 62,400.00 5,200.00 0.00 10,400.00 0.00 52,000.00 16.67 OTHER FINANCING SOURCES 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL REVENUES 1,371,400.00 6,116.21 0.00 320,862.91 0.00 1,050,537.09 23.40 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,628,443.00 67,200.78 0.00 130,928.79 676.99 1,496,837.22 8.08 TOTAL EXPENDITURES 1,628,443.00 67,200.78 0.00 130,928.79 676.99 1,496,837.22 8.08 REVENUE OVER/(UNDER) EXPENDITURES ( 257,043.00) ( 61,084.57) 0.00 189,934.12 ( 676.99) ( 446,300.13) 73.63- 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 0.00 0.00 0.00 0.00 1,300,000.00 0.00 TOTAL TAXES 1,300,000.00 0.00 0.00 0.00 0.00 1,300,000.00 0.00 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 9,000.00 916.21 0.00 1,712.91 0.00 7,287.09 19.03 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 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 916.21 0.00 1,712.91 0.00 7,287.09 19.03 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 62,400.00 5,200.00 0.00 10,400.00 0.00 52,000.00 16.67 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 62,400.00 5,200.00 0.00 10,400.00 0.00 52,000.00 16.67 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 0.00 0.00 0.00 306,750.00 0.00 ( 308,750.00} 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL REVENUES 1,371,400.00 6,116.21 0.00 320,862.91 0.00 1,050,537.09 23.40 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2007 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 170,922.00 11,993.98 0.00 20,919.85 0.00 150,002.15 12.24 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 660.00 676.00 0.00 676.00 0.00 ( 16.00) 102.42 5611-51145 SICK LEAVE BUYBACK 1,799.00 1,799.28 0.00 1,799.28 0.00 ( 0.28) 100.02 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 8,400.00 646.16 0.00 1,130.78 0.00 7,269.22 13.46 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 400.76 0.00 2,575.24 13.47 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 16,609.00 1,365.67 0.00 2,218.49 0.00 14,390.51 13.36 5611-51410 HOSPITAL & LIFE INSURANCE 14,975.00 1,624.55 0.00 3,189.79 0.00 11,785.21 21.30 5611-51420 LONG-TERM DISABILITY 974.00 0.00 0.00 71.64 0.00 902.36 7.36 5611-51440 FICA 10,990.00 206.91 0.00 335.81 0.00 10,654.19 3.06 5611-51450 MEDICARE 2,679.00 216.07 0.00 350.20 0.00 2,328.80 13.07 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 232,072.00 18,757.54 0.00 31,640.60 0.00 200,431.40 13.63 SUPPLIES 5611-52010 OFFICE SUPPLIES 15,000.00 221.37 0.00 252.76 82.05 14,665.19 2.23 5611-52040 POSTAGE 2,220.00 34.00 0.00 34.00 76.64 2,109.36 4.98 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 0.00 0.00 0.00 53.38 6,246.62 0.85 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 23,520.00 255.37 0.00 286.76 212.07 23,021.17 2.12 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 0.00 0.00 540.00 0.00 2,460.00 18.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 540.00 0.00 2,460.00 18.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 255,855.00 0.00 0.00 0.00 0.00 255,855.00 0.00 5611-56040 SPECIAL SERVICES 41,471.00 9,656.99 0.00 10,191.99 12.15 31,266.86 24.61 5611-56080 ADVERTISING 33,000.00 729.35 0.00 5,729.35 0.00 27,270.65 17.36 5611-56090 COMMUNITY DEVELOPMENT 53,291.00 1,284.64 0.00 10,559.36 0.00 42,731.64 19.81 5611-56110 COMMUNICATIONS 4,950.00 233.61 0.00 328.61 0.00 4,621.39 6.64 5611-56180 RENTAL 17,100.00 1,387.53 0.00 3,506.67 0.00 13,593.13 20.51 5611-56210 TRAVEL AND TRAINING 37,128.00 172.23 0.00 190.23 0.00 36,937.77 0.51 5611-56250 DUES & SUBSCRIPTIONS 6,280.00 720.00 0.00 2,517.95 0.00 3,762.05 40.09 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,560.00 1,933.44 0.00 1,933.44 0.00 10,626.56 15.39 5611-56570 ENGINEERING - ARCHITECT SVC 30,000.00 500.00 0.00 1,484.00 0.00 28,516.00 4.95 5611-56610 UTILITIES - ELECTRIC 4,000.00 242.37 0.00 242.37 0.00 3,757.63 6.06 TOTAL CONTRACTUAL SERVICES 498,135.00 16,860.16 0.00 36,684.17 12.15 461,438.68 7.37 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2007 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 297,198.00 24,288.09 0.00 44,523.87 0.00 252,674.13 14.98 TOTAL DEBT SERVICE & CAP. REPL 297,198.00 24,288.09 0.00 44,523.87 0.00 252,674.13 14.98 CAPITAL OUTLAY 5611-58110 LAND 481,250.00 44,074.00 0.00 142,372.95 0.00 338,877.05 29.58 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 5,000.00 225.66 0.00 3,625.47 452.77 921.76 81.56 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 44,074.00) 0.00 ( 142,372.95) 0.00 142,372.95 0.00 TOTAL CAPITAL OUTLAY 487,750.00 225.66 0.00 3,625.47 452.77 483,671.76 0.84 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 13,627.92 0.00 73,140.08 15.71 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 13,627.92 0.00 73,140.08 15.71 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 67,200.78 0.00 130,928.79 676.99 1,496,837.22 8.08 TOTAL EXPENDITURES 1,628,443.00 67,200.78 0.00 130,928.79 676.99 1,496,837.22 8.08 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00) ( 61,084.57) 0.00 189,934.12 ( 676.99) ( 446,300.13) 73.63- *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Subledger November 30, 2007 Inventory-Land Address Acreage Improvements(sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 32.23 2,477,510.16 *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. Wylie Economic Development Corporation Balance Sheet Sub ledger November 30, 2007 Notes Payable Payment Principal Interest Principal Balance October 31, 2007 $1,536,948.20 November Inwood(#25 of 120) $10,685.70 $7,319.77 3,365.93 $695,377.75 Birmingham(#45 of so) 5,741.48 5,231.28 510.20 82,232.36 Hughes(#16 of 120) 3,774.70 2,235.87 1,538.83 305,530.50 City of Wylie(#5 of 24) 6,813.96 6,249.45 564.51 124,021.21 Prime Kuts (#1 of 120) 2,539.59 1,395.84 1,143.75 227,354.16 Bowland(#1 of 60) 773.31 573.31 200.00 39,426.69 Anderson(#1 of 60) 773.31 573.31 200.00 39,426.69 November 30, 2007 $1,513,369.36 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2007 MONTH WEDC WEDC WEDC DIFF % DIFF 2005 2006 2007 06 VS 07 06 VS 07 DECEMBER $58,817 $74,957 $82,910 $7,953 10.61% JANUARY 58,034 74,764 86,614 11,849 15.85% FEBRUARY 96,492 110,794 121,615 10,820 9.77% MARCH 55,710 88,544 83,172 -5,372 -6.07% APRIL 58,530 67,714 81,377 13,663 20.18% MAY 92,311 113,042 124,616 11,575 10.24% JUNE 69,185 86,454 86,779 325 0.38% JULY 69,448 89,148 90,996 1,848 2.07% AUGUST 98,067 122,188 114,655 -7,533 -6.17% SEPTEMBER 70,260 69,876 99,715 29,839 42.70% OCTOBER 53,819 78,861 91,185 12,324 15.63% NOVEMBER 104,937 122,383 124,515 2,133 1.74% Sub-Total $885,609 $1,098,726 $1,188,149 $89,424 8.14% AUDIT ADJ TOTAL $885,609 $1,098,726 $1,188,149 $89,424 8.14% WEDC SALES TAX ANALYSIS $140,000 $120,000 Mir sti 1 mum R� ,;1 " �� 1 a ti ❑2006 :::: kIsA, I ,Fj ■2007 x ;4 II.' II{ I ';{, I ' ' I;: •; I I{� Ill, I . Ijs IcI,', I SG ■ I L I ' If L Ii I_ I11 LI z m � ,,,. .1,- I, ,.. 7.. 2 0 < 1.1 ' 3 1 0 = U -, lamo ¢ C Q 8 0 N Z 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 246,224.94 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) ) 10,500.00) 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 671.23 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,477,510.16 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 195,610.00 2,909,516.33 TOTAL ASSETS 2,909,516.33 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 901.93 2000-20111 MEDICARE PAYABLE 90.09 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 361.55 2000-20117 TMRS PAYABLE 450.42 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 385.25 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 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 303.87) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,046.20 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 195,610.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 0.00 TOTAL LIABILITIES 199,541.57 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: DECEMBER 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,513,209.23 TOTAL BEGINNING EQUITY 2,513,209.23 TOTAL REVENUE 410,699.39 TOTAL EXPENSES 213,933.86 REVENUE OVER/(UNDER) EXPENSES 196,765.53 TOTAL EQUITY & OVER/(UNDER) 2,709,974.76 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 2,909,516.33 1-15-2008 08:47 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2007 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS-CURRENT 216,679.03 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 TOTAL LIABILITIES 1,517,027.09 EQUITY 3000-34590 FUND BALANCE ( 1,517,027.09) TOTAL BEGINNING EQUITY ( 1,517,027.09) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,517,027.09) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 1-15-2008 08:51 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2007 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 1,300,000.00 82,384.09 0.00 82,384.09 0.00 1,217,615.91 6.34 INTEREST INCOME 9,000.00 947.39 0.00 2,660.30 0.00 6,339.70 29.56 MISCELLANEOUS INCOME 62,400.00 6,505.00 0.00 16,905.00 0.00 45,495.00 27.09 OTHER FINANCING SOURCES 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL REVENUES 1,371,400.00 89,836.48 0.00 410,699.39 0.00 960,700.61 29.95 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,628,443.00 83,005.07 0.00 213,933.86 3,731.49 1,410,777.65 13.37 TOTAL EXPENDITURES 1,628,443.00 83,005.07 0.00 213,933.86 3,731.49 1,410,777.65 13.37 REVENUE OVER/(UNDER) EXPENDITURES ( 257,043.00) 6,831.41 0.00 196,765.53 ( 3,731.49) ( 450,077.04) 75.10- 1-15-2008 08:51 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2007 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 4000-40210 SALES TAX 1,300,000.00 82,384.09 0.00 82,384.09 0.00 1,217,615.91 6.34 TOTAL TAXES 1,300,000.00 82,384.09 0.00 82,384.09 0.00 1,217,615.91 6.34 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 9,000.00 947.39 0.00 2,660.30 0.00 6,339.70 29.56 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 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 947.39 0.00 2,660.30 0.00 6,339.70 29.56 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 62,400.00 4,600.00 0.00 15,000.00 0.00 47,400.00 24.04 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 1,905.00 0.00 1,905.00 0.00 ( 1,905.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MIGELLANEOUS INCOME 62,400.00 6,505.00 0.00 16,905.00 0.00 45,495.00 27.09 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 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 308,750.00 0.00 ( 308,750.00) 0.00 TOTAL REVENUES 1,371,400.00 89,836.48 0.00 410,699.39 0.00 960,700.61 29.95 1-15-2008 08:51 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2007 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 170,922.00 17,990.97 0.00 38,910.82 0.00 132,011.18 22.77 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 660.00 0.00 0.00 676.00 0.00 ( 16.00) 102.42 5611-51145 SICK LEAVE BUYBACK 1,799.00 0.00 0.00 1,799.28 0.00 ( 0.28) 100.02 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 8,400.00 969.24 0.00 2,100.02 0.00 6,299.98 25.00 5611-51220 PHONE ALLOWANCE 2,976.00 343.38 0.00 744.14 0.00 2,231.86 25.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 16,609.00 1,145.36 0.00 3,363.85 0.00 13,245.15 20.25 5611-51410 HOSPITAL & LIFE INSURANCE 14,975.00 1,382.09 0.00 4,571.88 0.00 10,403.12 30.53 5611-51420 LONG-TERM DISABILITY 974.00 38.79 0.00 110.43 0.00 863.57 11.34 5611-51440 FICA 10,990.00 176.50 0.00 512.31 0.00 10,477.69 4.66 5611-51450 MEDICARE 2,679.00 181.18 0.00 531.38 0.00 2,147.62 19.84 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 232,072.00 22,227.51 0.00 53,868.11 0.00 178,203.89 23.21 SUPPLIES 5611-52010 OFFICE SUPPLIES 15,000.00 153.28 0.00 406.04 100.00 14,493.96 3.37 5611-52040 POSTAGE 2,220.00 76.64 0.00 110.64 0.00 2,109.36 4.98 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 90.49 0.00 90.49 0.00 6,209.51 1.44 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 23,520.00 320.41 0.00 607.17 100.00 22,812.83 3.01 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 0.00 0.00 540.00 0.00 2,460.00 18.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 540.00 0.00 2,460.00 18.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 255,855.00 9,450.00 0.00 9,450.00 0.00 246,405.00 3.69 5611-56040 SPECIAL SERVICES 41,471.00 622.15 0.00 10,814.14 2,812.15 27,844.71 32.86 5611-56080 ADVERTISING 33,000.00 2,750.00 0.00 8,479.35 500.00 24,020.65 27.21 5611-56090 COMMUNITY DEVELOPMENT 53,291.00 7,865.07 0.00 18,424.43 0.00 34,866.57 34.57 5611-56110 COMMUNICATIONS 4,950.00 236.73 0.00 565.34 0.00 4,384.66 11.42 5611-56180 RENTAL 17,100.00 998.17 0.00 4,505.04 319.34 12,275.62 28.21 5611-56210 TRAVEL AND TRAINING 37,128.00 1,161.99 0.00 1,352.22 0.00 35,775.78 3.64 5611-56250 DUES & SUBSCRIPTIONS 6,280.00 0.00 0.00 2,517.95 0.00 3,762.05 40.09 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,560.00 3,577.00 0.00 5,510.44 0.00 7,049.56 43.87 5611-56570 ENGINEERING - ARCHITECT SVC 30,000.00 822.00 0.00 2,306.00 0.00 27,694.00 7.69 5611-56610 UTILITIES - ELECTRIC 4,000.00 0.00 0.00 242.37 0.00 3,757.63 6.06 TOTAL CONTRACTUAL SERVICES 498,135.00 27,483.11 0.00 64,167.28 3,631.49 430,336.23 13.61 1-15-2008 08:51 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 297,198.00 24,241.31 0.00 68,765.18 0.00 228,432.82 23.14 TOTAL DEBT SERVICE & CAP. REPL 297,198.00 24,241.31 0.00 68,765.18 0.00 228,432.82 23.14 CAPITAL OUTLAY 5611-58110 LAND 481,250.00 0.00 0.00 142,372.95 0.00 338,877.05 29.58 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 5,000.00 1,918.77 0.00 5,544.24 0.00 ( 544.24) 110.88 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 142,372.95) 0.00 142,372.95 0.00 TOTAL CAPITAL OUTLAY 487,750.00 1,918.77 0.00 5,544.24 0.00 482,205.76 1.14 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 20,441.88 0.00 66,326.12 23.56 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 20,441.88 0.00 66,326.12 23.56 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 83,005.07 0.00 213,933.86 3,731.49 1,410,777.65 13.37 TOTAL EXPENDITURES 1,628,443.00 83,005.07 0.00 213,933.86 3,731.49 1,410,777.65 13.37 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00) 6,831.41 0.00 196,765.53 ( 3,731.49) ( 450,077.04) 75.10- *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Subledger December 31, 2007 Inventory-Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 32.23 2,477,510.16 *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. Wylie Economic Development Corporation Balance Sheet Sub ledger December 31, 2007 Notes Payable Payment Principal Interest Principal Balance November 30, 2007 $1,513,369.36 December Inwood(#26 of 120) $10,638.92 $7,319.77 3,319.15 $688,057.98 Birmingham(#46 of so) 5,741.48 5,261.79 479.69 76,970.57 Hughes(#17 of 120) 3,774.70 2,247.04 1,527.65 303,283.46 City of Wylie(#6 of 24) 6,813.96 6,276.53 537.43 117,744.68 Prime Kuts(#2 of 120) 2,539.59 1,402.82 1,136.77 225,951.33 Bowland(#2 of 60) 773.31 576.18 197.13 38,850.51 Anderson(#2 of 60) 773.31 576.18 197.13 38,850.51 December 31, 2007 $1,489,709.04 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2007 MONTH WEDC WEDC WEDC DIFF % DIFF 2006 2007 2008 07 VS 08 07 VS 08 DECEMBER $74,957 $82,910 $82,384 -$526 -0.70% JANUARY 74,764 86,614 FEBRUARY 110,794 121,615 MARCH 88,544 83,172 APRIL 67,714 81,377 MAY 113,042 124,616 JUNE 86,454 86,779 JULY 89,148 90,996 AUGUST 122,188 114,655 SEPTEMBER 69,876 99,715 OCTOBER 78,861 91,185 NOVEMBER 122,383 124,515 Sub-Total $1,098,726 $1,188,149 $82,384 -$526 -0.70% AUDIT ADJ TOTAL $1,098,726 $1,188,149 $82,384 -$526 -0.70% WEDC SALES TAX ANALYSIS $140,000 $120,000 $100,000 t }, 0 �f �' a y. I $80,000 Il t� y 1t t r� £gip xj t;, 1 r t b p1 't�4 2 02007 4$60,000 e, s a 12008 4 f t $40,000 . s / ,l ' : 1 tat, k, 1 ' u 11 3 I 9 r� I a ..,4 cliii = m c ' N `ma� J o Q _ ao aEic2a 2 ' ' G ga�i a p (j 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie _ Account Code: Date Prepared: November 14, 2007 Budgeted Amount: Exhibits: Two Subject Hold the second Public Hearing for the annexation of a 0.1079 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas, generally located south of F. M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. Recommendation Conduct Public Hearing only.No action is necessary. Discussion This annexation is at the request of the City of Wylie. The property is located south of F. M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. Whereas, the City Council of the City of Murphy, Texas has disannexed from the corporate limits of the City of Murphy, Collin County, Texas, as described in Exhibit A and as further depicted in Exhibit B (attached), a 0.1079 acre uninhabited tract of land that contains no residents of the City of Murphy, Texas, upon the City of Wylie, Texas. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 26, 2007 First Public Hearing January 8, 2008 Second Public Hearing January 22, 2008 Adoption of Ordinance February 12, 2008 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 11/14/07 City Manager filth /i57'o g Page 1 of 1 ORDINANCE NO. 07-11-737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, DISANNEXING CERTAIN CORPORATE TERRITORY, AS FURTHER DESCRIBED AND DEPICTED HEREIN FROM THE CITY OF MURPHY, TEXAS, AND RELEASING ALL RIGHTS TO SAID DISANNEXED TERRITORY AS THE CITY OF MURPHY'S EXTRATERRITORIAL JURISDICTION; PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY OF MURPHY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Murphy (the"City")is a home-rule municipality; and WHEREAS, pursuant to the authority granted in Section 43.142 of the Texas Local Government Code, as amended, a home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by state law;and WHEREAS, Section 1.03 of the City of Murphy,Texas, Home-Rule Charter authorizes .1 the City to disannex an area of the City;and WHEREAS, the City Council of the City of Murphy, Texas, finds and determines the area to be disannexed, as described in Exhibit A and as further depicted in Exhibit B of this Ordinance, consists of approximately 0.1079 acres, is uninhabited, and contains no residents of the City of Murphy, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURPHY,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. DISANNEXED TERRITORY That the corporate territory, as described in Exhibit A, and as further depicted in Exhibit B of this Ordinance, be and is hereby disannexed from the corporate limits of the City of Murphy, Collin County, Texas, and the same is hereby no longer a part of the City. Further, the City hereby simultaneously releases all rights to said disannexed territory, as described in Exhibit A, and as further depicted in Exhibit B of this Ordinance, as the City's extraterritorial jurisdiction("ETJ"),upon the City of Wylie,Texas,lawful annexation of said territory. Section 3. AMENDMENT OF OFFICIAL MAP That the official map and boundaries of the City heretofore adopted and amended be and are hereby amended so as to exclude the area, as described in.Exhibit A, and as further depicted in Exhibit B of this Ordinance,from the corporate limits of the City. Section 4. PERFORMANCE OF ALL NECESSARY ACTIONS That the City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to effectuate this Ordinance, including any corrections to the official map of the City to reflect the City's boundaries and ETJ as well as all appropriate filings with any and all governmental agencies or entities so affected by the acts described in this Ordinance. Section 5. SEVERABILITY CLAUSE If any section, subsection, sentence, phrase, or word be found to be illegal, invalid, unconstitutional or if any portion of said properties is incapable of being disannexed by the City of Murphy, Texas, for any reason whatsoever, such adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance, or the application of any other section, sentence,phrase, word, paragraph or provision to any other person or portion of said properties, situation or circumstance, nor shall such adjudication affect any other section, sentence, phrase, word, paragraph or provision of any other ordinance of the City of Murphy, Texas. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have disannexed the properties without the invalid part and invalid properties and to this end the provisions of this Ordinance are declared to be severable. Section 6. REPEALER CLAUSE Any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Section 7. EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Murphy, Texas,on this the 5th day of November,2007. Bret M. Baldwin, ayor City of Murphy Page 2 of 5 i ATTEST: �-I' =fit `f► ,t*5 CLVY*Yuul—,' • ,,, r ` Aimee Nemer,City Secretary '�• F ''"� 9 •��`` City of Murphy � eitttit`t` APPROVED AS TO FORM AND LEGALITY: Robert F. Brown, City Attorney Page 3 of 5 E H1BIT "A" RIGHT-OF-WAY FOR MAXWELL CREEK ROAD 0.1079 ACRES H. MAXWELL SURVEY, ABSTRACT NO. 579 CITY OF MURPHY, COLLiN COUNTY, TEXAS BEING a tract of land out of the H. Maxwell Survey,Abstract Number 579,in the City of Murphy,Collin County, Texas, and being a part of a called 11.176 acre tract of land described in deed to Hellen Pickard,recorded in County Clerk's File No.96-0043722 of the Land Records of Collin County,Texas,and being more particularly described as follows: BEGINNING at a 5/8-Inch iron rod found in the south right-of-way line of F.M.Highway 544 for southwesterly corner of the 0.0572 acre tract of land described in deed to State of Texas for F.M.Highway 544,recorded in Collin County Clerk File's No.96-0043722 of the Land Records of Collin County,Texas, same being the northerly common corner of the beforemntioned 11.176 acre tract of land and the called 61.746 acre tract of land described In deed to Woodbridge North Development, LLC,recorded under instrument No.2006040500442250 . of the Official Public Records of Collin County,Texas. THENCE with the said common line of the 11.176 acre tract and 61.746 acre tract,South 00°00'00"East,a distance of 319.99 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA"for the beginning of a non-tangent curve to the left; f+ THENCE leaving the said common lines,the following courses and.distances to wit: --Northerly,with the said curve to the left, through a central angle of 10'22'15",having a radius of 790.00 • feet and a chord bearing and distance of North 05°11'0T'West, 142.80 feet,an arc distance of 142.99 feet to a 5/8-inch Iron rod set with a plastic cap stamped"KHA"for the beginning of a non-tangent curve to the right; --Northerly,with the said curve to the left,through a central angle of 10°21'07",having a radius of 878.00 feet and a chord bearing and distance of North 05°11'41"West, 158.42 feet,an arc distance of 158.64 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA"for the end of said curve; -North 00°01'07"East,a distance of 20.00 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA" for corner in the south right-of-way line of F.M.Highway 544; THENCE with the said south right-of-way line,North 89°59'24*East,a distance of 27.25 feet to the POINT OF R � BEGINNING and containing 0,1079 acres (4,701 square feet)of land,mare or less. X= !VI Z. l= Tf0 Bearing system based on the monuments found along the common line of the 11.176 acre tract of land described :4 in deed to Hellen Pickard,recorded In County Clerk's File No.96-0043722 of the Land Records of Collin County, Texas and the called 61.745 acre tract of land described in deed to Woodbridge North Development,LLC, -"-- recorded under instrument No.2006040500442250 of the Official Public Records of Collin County,Texas using =a South 00°00'00"West. q• u o T N JOHN VICAIN' .44 '..4 4097 gtiD�tSS.�• {a u SUR`lE m Page 1 of 2 0�� Auodalea Yic .4) (0-7- -ter 544 AD-DITioN CA9. N PG. 919 / / F.M. HIGHWAY 544 S POINT OF 0.5572 OF ACR�ES N 89'59'24" E VOL. 4457, PG. 2146 27.26' _ BEGINNING LR:c_C;r. — . • N 00'01'07" W..----."- ��•rr 5 8' IRFC 00' a ;;�' OVERHEAD POWER LINE 20. a0':.;,.pi ALONG PROPERTY LINE .F is R=878.00 ri r;. '` ' o L=158.64 cc ,,,CB=N0511'41"Wrin �'"` o C=158.42' N� °' 4, �a� Gj (x caj p i M� CJ 4 g Called 11,176 ACRES -; • o Called 61,746 ACRES HELLEN PICKARD '`Y -1 o WOODGRIDGE NORTH ,- C.C.C.F. No, 96-0043722 hu,f�i Li a DEELOPMENT LLC L.R.C.C.T. ' Li,— >c I I st. No. 20060405000442250 L1=1022'15" "` Q 0.P.R c.C.t !R=790.00 ct a Q L'142.99 o a CB=N0511'07"W Qs C=142.80 , ca i.P % 4 : a "N. .- viSTErar„... _ JOHN VICAIN m cg at x . 4 cz °:.,0 4097 „.. W/4 % a <.'•' r0Q- p ry EXHEXHIBIT r , I pI T 'B" r,A L7 Y RIGHT-OF-WAY FOR MAXWELL CREEK ROAD 0.1079 ACRES H. MAXWELL SURVEY,ABSTRACT NO. 579 CITY OF MURPHY, COLLIN COUNTY, TEXAS ..} x Page 2 of 2 �}� �� non adJf� k116 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: N/A Date Prepared: January 9, 2008 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, Resolution No. 2008-03(R) casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District. Recommendation A motion to approve Resolution No. 2008-03(R) casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District. Discussion At the November 13, 2007 Council meeting, City Council approved Resolution No. 2007-39(R) casting a vote for Dwayne Gentsch as a member of the Board of Directors of the Dallas Central Appraisal District. We have been informed by the Dallas Central Appraisal district that no candidate of the suburban cities that participated in the election received a majority vote. R. Scott Wheeler of Addison received nine (9) votes. Dwayne Gentsch of Garland received six (6) votes and Michael Hurtt of DeSoto received six (6) votes. A coin flip between the two candidates who share the second highest number of votes, Dwayne Gentsch and Michael Hurtt, resulted in Michael Hurtt securing a place on the ballot. Therefore, a runoff election will be held for the two candidates that received the highest number of votes, Scott Wheeler of Addison, Texas and Michael Hurtt of DeSoto, Texas. Council is asked to consider Resolution No. 2008-03(R) casting a vote for a member to be appointed to the Dallas Central Appraisal District for the Board of Directors which must be delivered to the Chief Appraiser before January 31, 2008. Approved By Initial Date Department Director /'CE/�/� 01/09/08 City Manager Y i i /(5 (oc6 I Page 1 of 1 RESOLUTION NO. 2008-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one(1) member to the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as to the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1)vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and WHEREAS, the City of Wylie, Texas does hereby cast its vote by marking the ballot below: (Check one only) ❑ Michael Hurtt ❑ R. Scott Wheeler Resolution No.2008-03(R) Casting Ballot for Board of Directors Dallas Central Appraisal District NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wylie, Texas does hereby confirm its one (1) vote for the election of as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 22nd day of January, 2008. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-03(R) Casting Ballot for Board of Directors Dallas Central Appraisal District 111 Dallas Central Appraisal District DATE: December 17,2007 TO: Mayors of Suburban Cities Board of Trustee Presidents of Suburban School Districts FROM: W. Kenneth Nolan, Executive Director/Chief Appraiser (. RE: Results of 2007 Election of Representative to DCAD Board of Directors State law requires the Chief Appraiser to conduct an election of representatives to the Board of Directors in odd numbered years. The process outlined in the Texas Property Tax Code requires the election to be conducted and the individual entities notified of the results once the process is complete. 1. Suburban Cities Election The election process requires a runoff The following suburban cities participated in the election. Each of their selections is noted below. The current tally indicates Scott Wheeler of Addison received 9, Dwayne Gentsch of Garland received 6,Michael Hurtt of DeSoto received 6,Rita Burks of Balch Springs received 4, James Daniels of Lancaster received 2 and Robert Thornton of Grand Prairie received 1 of the 28 votes cast. Two cities abstained from voting. Since there was no one candidate receiving 16 votes (majority of the 30 votes eligible), a runoff election is necessary. A coin flip between the two candidates who shared the second highest number of votes, Dwayne Gentsch and Michael Hurtt, resulted in Michael Hunt securing a place on the ballot. City Candidate Selected 1. Addison Scott Wheeler 2. Balch Springs Rita Burks 3. Carrollton Scott Wheeler 4. Cedar Hill Michael Hurtt 5. Cockrell Hill Rita Burks 6. Combine Rita Burks 7. Coppell Scott Wheeler 8. DeSoto Michael Hurtt 9. Duncanville Michael Hurtt 10. Farmers Branch Scott Wheeler 11. Ferris Dwayne Gentsch 12. Garland Dwayne Gentsch 13. Glenn Heights Michael Hurtt 14. Grand Prairie Robert Thornton Office of Executive Director/Chief Appraiser 2949 N. Stemmons Freeways Dallas, Texas 75247-6195 e (214)631-0520 Web Site: www.dallascad.orq 15. Grapevine Abstain 16. Highland Park Scott Wheeler 17. Hutchins James Daniels 18. Irving Scott Wheeler 19. Lancaster James Daniels 20. Lewisville Michael Hurtt 21. Mesquite Scott Wheeler 22. Ovilla Michael Hurtt 23. Richardson Scott Wheeler 24. Rowlett Dwayne Gentsch 25. Sachse Dwayne Gentsch 26. Seagoville Rita Burks 27. Sunnyvale Abstain 28. University Park Scott Wheeler 29. Wilmer Dwayne Gentsch 30. Wylie Dwayne Gentsch 2. Suburban School District Election The election process requires a runoff. Jerry Jones of Rowlett received 7, Dorothy Wolverton of Duncanville received 4, and David Merritt of Carrollton received 2 of the 13 votes cast. Two school districts abstained from voting. Since there was no one candidate receiving 8 votes(majority of the 15 votes eligible), a runoff election is necessary. School districts voting are: School District Candidate Selected 1. Carrollton-Farmers Branch Merritt 2. Cedar Hill Wolverton 3. Coppell Jones 4. DeSoto Wolverton 5. Duncanville Wolverton 6. Ferris Jones 7. Garland Jones 8. Grand Prairie Wolverton 9. Grapevine/Colleyville Abstain 10. Highland Park Merritt 11. Irving Jones 12. Lancaster Abstain 13. Mesquite Jones 14. Richardson Jones 15. Sunnyvale Jones 3. Dallas County Appointment The Commissioners Court has not made an appointment to the Board of Directors. 4. Dallas ISD Appointment On October 25,2007,the Dallas ISD reappointed Mr. Jerome Garza to the Board of Directors. 5. City of Dallas Appointment On December 12,2007,the City of Dallas appointed James Christopher Wells to the Board of Directors. A copy of the runoff procedures and ballot resolution is attached. The deadline to vote is January 31. Please notify our office immediately when your ballot has been cast. Attachments cc: DCAD Board of Directors Ms. Rita Burks Mr. James Daniels Mr. Dwayne Gentsch Mr. Michael Hurtt Mr. Robert Thornton Mr. David Merritt Ms. Dorothy Wolverton City Manager- Suburban Cities Superintendent- Suburban School Districts City Secretary- Suburban Cities Tax Assessor/Collectors • RESOLUTION NO. A RESOLUTION OF THE CITY OF ,DALLAS COUNTY,TEXAS,CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS,Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors(in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one(1)member to the Board. 2. The Dallas Independent School District shall appoint one (1)member to the Board. 3. The Dallas County Commissioners Court shall appoint one(1)member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one(1)candidate as the fourth member of the Board of Directors. The said cities and towns shall,from the nominations received,elect by a majority vote,with each city and town being entitled to one (1)vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall,from the nominations received,elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and WHEREAS,the City of does hereby cast its vote by marking the ballot below: (Check one only) ❑ Michael Hurtt ❑ R. Scott Wheeler NOW,THEREFORE BE IT RESOLVED that the City Council of the City of does hereby confirm its one (1) vote for the election of as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. PASSED,AND APPROVED, this the day of , 2008 MAYOR ATTEST: CITY SECRETARY SEAL: gis Dallas Central Appraisal District BOARD OF DIRECTORS ELECTION RUNOFF PROCEDURE FOR SUBURBAN CITIES/SCHOOL DISTRICTS REPRESENTATIVE The 1979 Resolution adopted by the taxing units participating in Dallas Central Appraisal District, which governs Board of Director elections and appointments, requires that a candidate for the suburban cities position and a candidate for the suburban school districts positions on the Board each receive a majority of the votes that are cast in order to be elected to the Board of Directors (BOD). The procedures outlined below are to be used in the event that no candidate receives a majority of the votes for the election for the Suburban Cities Representative to the BOD or the Suburban School Districts Representative to the BOD. The Property Tax Code allows for the Chief Appraiser to resolve a tie vote by any method of chance. RUNOFF PROCEDURE: PARTICIPATING CITIES: 1. A candidate for the Suburban Cities Representative must receive a majority of the votes from all the suburban cities participating in the BOD election. 2. After the initial ballots are submitted by December 15 of the election year, the Chief Appraiser shall count the votes and if no candidate receives a majority of the votes from the participating suburban cities, the Chief Appraiser will declare the two (2) candidates who received the largest number of votes from the field of candidates. 3. The Chief Appraiser shall prepare another ballot listing the two (2) candidates who received the largest number of votes and shall deliver a copy of the ballot to the presiding officer of the governing body of each suburban city that is entitled to vote. 4. The governing body of each suburban city that is entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser on or before January 31. 5. The Chief Appraiser shall count the votes, declare the candidate who receives the majority number of votes, and submit the results no later than February 5 to the governing body of each suburban city and to the candidates. PARTICIPATING SCHOOL DISTRICTS: 1. A candidate for the Suburban School Districts Representative must receive a majority of the votes from all the suburban school districts participating in the BOD election. 2. After the initial ballots are submitted by December 15 of the election year, the Chief Appraiser shall count the votes and if no candidate receives a majority of the votes from the participating suburban school districts, the Chief Appraiser will declare the two (2) candidates who received the largest number of votes from the field of candidates. Administrative Offices 2949 N. Stemmons Freeway• Dallas,Texas 75247-6195 • (214)631-0520 3. The Chief Appraiser shall prepare another ballot listing the two (2) candidates who received the largest number of votes and shall deliver a copy of the ballot to the presiding officer of the governing body of each suburban school district that is entitled to vote. 4. The governing body of each suburban school district entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser on or before January 31. 5. The Chief Appraiser shall count the votes, declare the candidate who receives the majority number of votes, and submit the results no later than February 5 to the governing body of each suburban school district and to the candidates. *4-47if VA ter _ NirOPAt- 51,7i ` 1 9 ,4 >, f !� .<i Ji)::_':: s '.;v 'tl .4�k�} 7fi 4 $is N 01'<kl)D1" �91', �. January 9, 2008 Mindy Manson City Manager City of Wylie Wylie, TX 75098-6043 Dear Mindy, Greetings, you recently received a letter and sample resolution from the Dallas Central Appraisal District regarding the runoff for the appointment of the suburban member to the DCAD Board of Directors. Scott Wheeler, former Mayor of the Town of Addison, is completing his first term on the Board as the suburban cities representative to the Board. The Town of Addison respectfully requests that you join us in considering Mr. Wheeler for re- appointment to the Board for a second term. Included in this letter is Mr. Wheeler's bio so that you may have better knowledge of his accomplishments and background. If you have any questions regarding this appointment, please contact me at 972/450-7026 or i chow@addisontx.gov. Respectfully, --Yoe Chow Mayor R. Scott Wheeler `. Managing Director - Dallas t VC 0 Office: 972-312-vcfo (8236) Direct: 214-545-3600 i�xpol,€_ c,. I-pe/ Utz(. FX0C t T:t ,11 E-mail: swheeler(a�vcfo.com As Managing Director, Scott Wheeler is responsible for managing and directing vcfo's Dallas area operations. Through an employee base of full time specialists, vcfo provides CFOs, Controllers, Staff Accountants and other accounting and finance professionals on a fractional, interim, and project basis. vcfo assists companies typically ranging in size from start-ups to $400 Million in sales with strategic financial, accounting and administrative support services. vcfo has offices in Dallas, Austin, Denver and Seattle and in its 10 year history vcfo has worked with over 750 client companies in several different industries including high-tech, real estate, software, manufacturing, distribution, oil & gas, medical devices and many others. For more information on vcfo, please visit www.vcfo.com. Scott joined vcfo in 2003, bringing with him more than 20 years of extensive financial management expertise. Throughout his career, Scott has been involved in numerous company acquisitions, sales, startups, capitalizations, financings and asset transactions totaling several hundred million dollars. Since joining the company, Scott has personally assisted clients in a variety of industries including medical, retail, high tech, software, telecom, hospitality, media, entertainment, commercial real estate, manufacturing, distribution and professional services. Prior to vcfo, Scott was an independent CFO/Consultant and upon joining the company, vcfo welcomed several of Scott's clients, including Lingualcare, a dental technology company, Dallas Draperies, a manufacturer serving the hospitality industry, and Pat Summerall Productions, a corporate image company. Earlier in his career, Scott served as the CFO for Malibu Entertainment, a publicly-traded, location-based entertainment company with over 20 locations in 10 states and well-known brands such as SpeedZone, Malibu Grand Prix and Mountasia. He also served as Vice President of Business Management for The Beltway Companies, a Dallas-based commercial real estate development, management and investment company. Additionally, Scott served as the President of Beltway's retail and entertainment subsidiaries, participated in the roll out of restaurant properties and had significant involvement in the management of various family held investments with an emphasis on oil & gas and tax advantaged investments. In addition to his position as Managing Director- Dallas for vcfo, Scott currently serves on the Board of Directors or the Advisory Board of Directors for Compass Bank Dallas, the Dallas Central Appraisal District (Vice Chairman), Texas A&M University at Commerce's College of Business and Technology, Texchange, the Entrepreneurs Foundation of North Texas and the Dallas Leadership Council. He is also a frequent guest lecturer at the University of Texas at Dallas, author of numerous articles on business management issues and a frequent speaker on topical business and public policy issues. Scott was also the Mayor of Addison, Texas from 1999 to 2005 and was a member of the City Council from 1996 to 1999. Other past activities have included Chairman and Board Member of the Metrocrest Chamber of Commerce, President and Board Member of the Addison Centre Theatre, Board Member of the North Texas Commission and Chairman of the Communities Foundation of Texas Metrocrest Area Fund. Scott received a B.S. from Texas A&M University, Commerce and a M.B.A. from Southern Methodist University. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 22, 2008 Item Number: 3 Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: January 9, 2008 Budgeted Amount: Exhibits: One Subject Consider, and act upon, accepting the resignation of Robert Wieneke and the appointment of a new member to the Library Advisory Board to fill the unexpired term of July 1, 2007 to June 30, 2009. Recommendation A motion to accept the resignation of Robert Wieneke and appoint as a new member to the Library Advisory Board for the unexpired term of July 1, 2007 to June 30, 2009. Discussion Mr. Wieneke missed three (3) consecutive Library Board meetings, September 10, October 8, November 12 and the Library Board Dinner on December 10, 2007. Mr. Wieneke was sent a certified letter inquiring about his absences. Mr. Wieneke responded with a resignation letter expressing his regrets at not being able to serve at this time due to personal issues. Section 5, Article II of the Rita and Truett Smith Public Library Advisory Board Bylaws states that: "any member of the Board who misses three consecutive meetings without good cause, or neglects to notify the board liaison of such absence with good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term." Applicants from the 2007 Boards and Commissions Interview process denoting a desire to serve on the Library Board have been contacted. Those attached have stated they would be willing to serve the unexpired term. Approved By Initial Date Department Director R�O 1/9/08 City Manager ►�tI i W\ f / 1 S f Page 1 of 1 Ms. Rachel Orozco, Library Director Smith Public Library HAND DELIVERY Dear Ms. Orozco, I received, on December 26th, a"Final Notice" from the Post Office of a Certified Letter awaiting pickup. Although the envelope is marked that a delivery attempt was made before the Christmas holiday, I received no such notice. Therefore, having not been able to pick up the letter until Dec. 27th, this response is the most-timely one possible. First, I sincerely apologize that work, family and illness have impacted my ability to make the scheduled meetings... and especially that I failed to notify you in a timely manner of these occurrences. For two of the dates you mentioned, I planned to attend until an hour prior to the scheduled start time,but was then forced to re-direct my attention. My absences and now, your letter, make it imperative that I reassess my ability to serve the Library in the manner you rightfully expect of a board member. After giving the matter due consideration during the past two days, and in the face of continuing personal issues, I believe it to be in your best interests that I resign my seat on the board. This resignation is effective immediately or, if you will kindly allow it, may be pre-dated to November 1 I th -- on which date I should have notified you that I would be unable to attend the meeting scheduled for November 12th I wish you success with your projects in 2008, especially the grand building you have planned. In addition to my best wishes, I would like to offer my services in an 'ex-officio' capacity—as an extemporaneous resource for your personal use —if or when it might be of value. Thank you for your understanding, and the opportunity to serve. Please relay my resignation to the rest of the board members and the City in whatever manner you deem most effective. Sincerely, Robert Wieneke 204 Douglas Drive Wylie, TX 75098 HAND DELIVERED ON 29 December, 2007. Received by (`�- Cj-t"CATT /for Rachel Orozco. pegr.,11R41000,ffiallik Gayle Walton From: Eric LeJeune [eric_lejeune@comcast.net] Sent: Sunday, July 16, 2006 9:04 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Eric LeJeune DATE_OF_APPLICATION - 7-16-06 FIRST_CHOICE - Public Arts Advisory Board SECOND CHOICE - Library Board THIRD_CHOICE - P4Z. Wye--ELQuumiL—D lcamaa 0 p. Board SUBCOMMITTEE - Yes HOME_ADDRESS - 335 Crosscreek Dr HOME PHONE - 469-733-3539 HOME FAX - HOME_EMAIL - eric_lejeune@comcast.net RESIDENT_YEARS - 6 CONTACT METHOD - Home Email REGISTERED_VOTER - Yes BUSINESS_ _ OWNER - No BUSINESS NAME - OCCUPATION BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY INTERESTED - I want to be more of a voice in my community. I have a 4 year old and I want Wylie to be a great place to grow up. I am very well diversed from business world(accounting and finance) to my new career-an elementary school teacher. I strongly believe in the arts and library services and I want to do my part. I have held many leadership roles and I am a great leader as well as a team player. My philosophy has always been that two heads are better than one. Thank you for your time and consideration for the Public Arts Advisory Board. Eric LeJeune Submit - Submit End of form information I 1/13/08 Talked to Mr. LeJeune and he would like to be considered for appointment on the Library Board to fill the current vacancy. Mr. LeJeune also wanted to include that he was at Plano ISD at the time of application submittal but is currently with WISD/Hartman Elementary. /gw Ga : IIton From: Carole Ehrlich Sent: Wednesday, September 19, 2007 8:19 AM To: Gayle Walton Subject: FW: Board Volunteer Gayle, Board App. Thanks ! Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: Courtney Gober [mailto:cgober@verizon.net] Sent: Tuesday, September 18, 2007 10: 09 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Courtney Gober DATE OF APPLICATION - September 18, 2007 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Library Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 904 Silver Sage Dr HOME PHONE - 972-442-9689 HOME_FAX - 972-442-9689 HOME_EMAIL - cgober@verizon.net RESIDENT_YEARS - 1 CONTACT_METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME --Williams High School (Plano ISD) OCCUPATION - _Assistant _Principal BUSINESS ADDRESS - 1717 17th Street BUSINESS PHONE - 469-752-8311 BUSINE �FAX - 469-752-8301 BUSINESS EMAIL - cgober@pisd.edu WHY INTERESTED - I serve in many capacities in my neighborhood, church, and for many civic organizations. I would really enjoy the opportunity to serve my community by serving the city council. Submit - Submit End of form. information 1/13/08 Talked to Mr. Courtney Gober who indicated a desire for consideration of appointment to the Library Board to fill a current vacancy. Mr. Gober is currently with Plano ISD. /gw i Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 1-22-08 Item Number: 4 Department: City Manager/WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 1-18-08 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Mayor to enter into a Retail Development Agreement with Woodbridge Crossing, L.P. Recommendation N/A Discussion Staff has been unable to finalize the draft of the Retail Development Agreement with Woodbridge Crossing, L.P. (Direct Development). After only receiving comments from Direct Development on Thursday evening, several issues arose which are still being negotiated at this time. The primary issue has been an inadvertent error by Direct in the definition of the `Initial Phase' of Woodbridge Crossing. As per the Letter of Intent, the Initial Phase has been defined as 530,000 square feet by July, 2009. It had been anticipated by Direct that 530,000 square feet of the in-line development be completed and leased as the retail center is stabilized, or mature. In review, 530,000 square feet represents Target, the second anchor, and all adjacent in-line development in addition to the two stand alone mixed-use centers at the central entrance to Woodbridge Crossing. It is virtually impossible to commit that the second anchor and all other in-line development be complete at the opening of Target being that a majority of future retailers will not negotiate/sign leases until Target closes. What will take place no later than August 1, 2009 is that Direct will construct Target, all in-line retail adjacent to Target, and the mixed-use retail pads fronting the site. These facilities will equal 280,869 square feet. Direct will also construct by August 1, 2009 all parking infrastructure to support a majority of the eastern half of the site (supporting second anchor) which is estimated at this time to be 1,063 spaces (a final figure will inserted within the contract). Direct will be contractually obligated to complete 530,000 square feet of the estimated 575,000 square foot Woodbridge Crossing no later than August 1, 2011. This two year period has consistently been Direct's assertion of the timing to establish a stabilized (or mature) retail center. Staff will finalize negotiations over the weekend and deliver final documents to Council on Monday, January 21, 2008. Approved By Initial late Department Director 55 is /0W City Manager / / / S 0 t� Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 1-22-08 Item Number: 5 Department: City Manager/WEDC (City secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 1-18-08 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to enter into a Performance Agreement between the WEDC and Woodbridge Crossing, L.P. Recommendation N/A Discussion The Wylie City Council is required to approve the Performance Agreement between the WEDC and Woodbridge Crossing, L.P. Being that the Performance Agreement is intricately tied to the Retail Development Agreement; the previous issues presented apply and continue to be negotiated. A final draft of the WEDC Performance Agreement will be delivered to the Wylie City Council on Monday, January 21, 2008. Approved By Initial Dat- Department Director js I g 0(g City Manager / VIA 8 0 Page 1 of 1