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01-27-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, January 27, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS & PRESENTATIONS • Proclamation "Burn Awareness Week" February 1-7 CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of January 13, 2004 B. Consider and act upon a Final Plat for the Faith Lutheran Church Addition, being all of a certain 6.48 acre tract of land, located at 615 Parker Road (F.M. 2514), as described in a deed to Faith Lutheran Church of Plano, Texas, recorded in Volume 5440, Pages 954 and 958 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. C. Consider and act upon a Final Plat for the Creek Hollow Addition, being all of a certain 53.606 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being comprised of two parcels described in deeds to Creek Hollow-Wylie Lot Option, L.P., recorded in Volume 5474, Pages 8959 and 8967 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey,Abstract No. 266, City of Wylie, Collin County, Texas. D. Consider and act upon the approval of a Water Service Agreement between the City of Wylie and the East Fork Special Utility District. E. Consider and act upon approval of Resolution #2004-03(R) of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. INDIVIDUAL CONSIDERATION Public Hearing 1. Hold a Public Hearing to consider and act upon a change in zoning from Single Family 8.5/17 to Single Family 8.5/17 with Special Use Permit (SUP) for an Amateur Communications Tower. Subject property being located at 106 N. Carriage House Way, and being Lot 5, Block 15 of Westgate Phase 1 Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-14) Executive Summary The applicant is requesting a Special Use Permit(SUP)in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. The new tower/antenna will replace three connected monolithic poles with stationary wire antenna currently attached to the residence and fence. The new tower will be attached to the rear roof-line of the residence. The tower will be thirty(30)feet high and will be tubular truss construction. The antenna will be 28 feet wide grid constructed of four 1.5 inch metal tubes. The Federal Communications Commission (FCC) ultimately controls the operation of individual amateur radio communicators as well as the limits to which local governments such as Wylie may restrict such operations. Public Comment Forms were mailed to thirty-two(32)property owners within 200 feet of this request. Four(4) Comment Forms have been returned at the time of posting, two opposing and two favoring the request. These responses allow a simple-majority decision by the Council. At the January 6, 2004 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of the proposed zoning change,with the stipulation that the tower not exceed thirty-five feet(35')in height. Staff recommends approval. 2. Consider and act upon a Resolution ratifying Chief Jeff Butters as Acting City Manager. Executive Summary Article IV, Section 1.D. of the Wylie City Charter requires the City Manager,within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Under normal circumstances, the Assistant City Manager functions in this capacity, however, staff recommends that Chief Jeff Butters fill this position in the event of the absence or disability of the current Acting City Manager. Tabled Item from 1-13-04 Motion to remove from table and: 3. Consider and act upon an agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line. Executive Summary The Bozman Farms development is located south of Brown and east of FM 544. The Rush Creek sewer lift station is located along the north edge of the development and the new Rush Creek sewer lift station is located at the southern end of the development on Troy Road. A portion of the 30-inch sewer line has been installed to provide service to the Bozman Farms development, however, approximately 1,650 linear feet is necessary to connect the new Rush Creek lift station to the City's sewer system. The existing Rush Creek lift station has reached its useful life and the installation of the sewer line will allow the removal of the station. The proposed agreement allows the developer to receive reimbursement through impact fees for the installation of the sewer line. 4. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Alanis Drive paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Executive Summary The 1999 Bond identified four major paving projects, all of which will require the purchase of additional right-of-way. The Alanis Drive project from SH 78 to Ballard Ave. is a new alignment and requires the purchase of multiple properties. The majority of the right-of-way for the project has been purchased: however, some of the remaining parcels may be acquired through condemnation. The resolution establishes a public necessity to acquire five parcels by condemnation if necessary. 5. Consider and act upon an appointment to the Parks and Recreation Board, to fill an unexpired term. Executive Summary Article VIII, Section 2B of the City Charter authorizes the City Council to appoint a Parks and Recreation Board to advise the Council in carrying out its various duties regarding plaruung and development of parks and recreation facilities and regulations governing their use. Members of the board shall be appointed for two (2)year terms with three(3) members' terms expiring in even number years and four(4)members' terms expiring in odd-numbered years. Larry Bowles was appointed to a two (2)year term on the Parks and Recreation Board Ju1y 28, 2003. Mr. Bowles passed away in December 2003 after a long bout with cancer. 6. Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates, in an amount not to exceed$60,000. Executive Summary The approved Planned Development District for Creekside Estates calls for an approximately 14 acre public park within the subdivision. The developer, represented by Gary Defrain, is preparing to begin construction of the next phase of the subdivision which includes the park, and has requested that the City consider entering into an agreement that would allow- them to construct the public improvements in the park at their costs, to be reimbursed by the City. The proposed improvements are: 2,200 linear feet of 6' sidewalk, a low water pedestrian bridge, a basketball court, soccer goals, and a backstop. The developer has already graded the entire park area,including a practice ballfield and a practice soccer field at no cost to the City. The estimated cost for the improvements is between$50,000 and$60,000. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D• WORK SESSION • Water/Sewer Rate Study EXECUTIVE SESSION In accordance with Chapter 551, Government Code.Vernon's Texas Code Annotated(Open Meeting Act), Section 551. SS 551.071 Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the goyerrnnental body seeks the advise of its attorney (A)pending or contemplated litigation;or (B)a settlement offer;or (2) on a matter in which the duty of the attorney to the goyerrnnental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Annexation Procedures and Certificate of Convenience and Necessity Issues RECONVENE INTO OPEN MEETING Take any action as a result of the Executive Session. ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Anv subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 23rd day of January,2004 at 5:00 p.m.as required by law in accordance with Section 551.042 of th• Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also ! ,ed to the . lie Website at www.ci.wvlie.tx.us r/ _ _ Caro e Ehrlich,City :ecretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. B. January 27, 2004 Issue Consider and act upon a Final Plat for the Faith Lutheran Church Addition, being all of a certain 6.48 acre tract of land, located at 615 Parker Road(F.M. 2514), as described in a deed to Faith Lutheran Church of Plano, Texas,recorded in Volume 5440,Pages 954 and 958 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is to accommodate a new church facility to be built in several phases. An existing house on the site will be converted to educational and office uses until future construction requires its demolition. The proposed Phase 1 building will total 5,720 square feet. This Plat will create a single lot of 6.48 acres from two existing unplatted lots. A Site Plan for the subject property was approved by the Planning and Zoning Commission on January 6, 2004. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid Other Considerations 1. The Final Plat complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie, and substantially conforms to the approved Site Plan. 2. No additional Right-of-Way for Parker Road (F.M. 2514) will be required with this Plat. 3. A new concrete parking lot and driveway entrance will be constructed to accommodate the uses proposed for the existing residential building and will be utilized as part of the required parking for future phases. Board/Commission Recommendations On January 6, 2004, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. C. January 27, 2004 Issue Consider and act upon a Final Plat for the Creek Hollow Addition, being all of a certain 53.606 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being comprised of two parcels described in deeds to Creek Hollow-Wylie Lot Option, L.P., recorded in Volume 5474, Pages 8959 and 8967 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is for the Creek Hollow Phase 1 Addition. The property includes 31.565 acres and will create 123 single-family residential lots, several common areas/open spaces to be owned and maintained by the Homeowners Association. The subject property is Phase 1 of the 53.606 acre Planned Development(PD 2003-13), which modifies to the requirements of the Single Family-8.5/17 District to provide for a lot size of 7,000 square feet, minimum dwelling size of 1,600 square feet,minimum lot width of 60 feet,lot width of corner lots of 71 feet, side yards of 6 feet, side yards of corner lots of 15 feet and no alleys are required. The maximum lot density established by the PD is lower than that allowed by previous zoning and recommended by the Comprehensive Plan. Exterior walls will be a minimum of 75% masonry (brick, stone or stucco) except all walls having street frontage shall be 100% masonry and any dwelling adjacent to Westgate Way shall be single story and 100% masonry exterior, and at least 25% of the lots must have side-accessed garages. The Development Plan approved by the City Council as part of the original Planned Development (PD 2003-13) on June 24, 2003 serves as an approved Preliminary Plat. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Development Plan and Development Conditions of the Planned Development PD 2003-13 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. No alleys are required with this development as a Special Condition of the Planned Development. Board/Commission Recommendations On January 20, 2004,the Planning and Zoning Commission voted 5-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. D. January 27, 2004 Issue Consider and act upon the approval of a water service Agreement between the City of Wylie and the East Fork Special Utility District. Background On September 12, 2000, the City Council approved an agreement with the East Fork Special Utility District (East Fork) which outlined a transfer of the Certificate of Convenience and Necessity (CCN) boundary between the two entities. The need for the initial contract was brought about because Wylie inadvertently accepted impact fees and provided water service to lots within East Fork's jurisdiction. Wylie agreed to transfer that portion of the Oak Meadow Subdivision that was within Wylie's jurisdiction to East Fork, in addition to making other, mutually agreed upon, adjustments to both CCNs. It was also agreed that Wylie would provide water at a wholesale rate to East Fork for the subdivision until East Fork had the infrastructure in place to take over the subdivision. The water impact fees collected from the developer will be utilized to make the necessary infrastructure improvements to serve the Oak Meadow subdivision. This Agreement is the final step necessary to satisfy the initial Agreement approved by Council on September 12, 2000. Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Water Service Agreement with the East Fork Special Utility District Attachments Agreement Prepared by Reviewed by Finance City Manager Approval AGREEMENT REGARDING WATER SERVICE This Agreement Regarding Water Service (the "Agreement") is entered into by and between the City of Wylie, Texas ("Wylie") and East Fork Special Utility District ("East Fork"). WHEREAS, Wylie/Oak Meadow, L.P. ("Oak Meadow") has acquired that certain tract of land designated as the Oak Meadow Subdivision and consisting of 125 lots located within Wylie's city limits or extraterritorial jurisdiction, as hereinafter described, and lying partially within Wylie's Certificate of Convenience and Necessity ("CCN") for retail potable water services and partially within East Fork's Certificate of Convenience and Necessity for retail potable water service; and WHEREAS, all lots in the Oak Meadow Subdivision have been sold to Choice Homes, Inc. ("Choice") provided that Oak Meadow prepays Wylie's water connection fee of$700.00 per lot; and WHEREAS, Oak Meadow has heretofore prepaid to Wylie the impact fees of$700 per lot (totaling $87,500); and WHEREAS, Wylie and East Fork have entered into the certain "Water Service Area Contract between the City of Wylie and East Fork Special Utility District" dated April 4, 2000, (the"CCN Transfer Agreement"), which, among other things provides that Wylie will transfer to East Fork the portion of its CCN overlying the Oak Meadow subdivision; and WHEREAS, both parties desire to enter into this Agreement in order to clarify their agreement regarding the provision of retail potable water utility service by East Fork to the Oak Meadow Subdivision. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. CCN Transfer Agreement. The CCN Transfer Agreement is incorporated herein by reference for all purposes. Wylie and East Fork hereby confirm their obligations to each other under the CCN Transfer Agreement and confirm that the same shall remain in effect as provided therein, except as amended in this Agreement. 2. Property Subject to the Agreement. The property that is the subject of this Agreement is the Oak Meadow Subdivision containing approximately 34 acres, more or less in the Francisco de la Pina Survey, Abstract No. 688 and more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the"Oak Meadow Subdivision"). 3. Transfer of Water Utility Service Area and Internal Water Distribution Lines. 3.1 Wylie currently holds CCN No. 10186 that includes the Oak Meadow Subdivision. Wylie desires to transfer to East Fork that portion of CCN No. 10186 that contains the Oak Meadow Subdivision. Wylie agrees to amend its CCN No. 10186 to remove the Oak Meadow Subdivision from its CCN. Januar 27,2004 City of Wylie and East Fork Special Utility District Agreement Regarding Water Service-Page 1 3.2 East Fork will seek to amend CCN No. 10065 to reflect the transfer of the Oak Meadow Subdivision to its CCN. Wylie will not object or otherwise attempt to defeat East Fork's application for a CCN to the Oak Meadow Subdivision. 3.3 Upon execution of this Agreement, Wylie will file an application with the Texas Natural Resource Conservation Commission ("TNRCC"). Pending approval of the CCN transfer by the TNRCC, Wylie will pay to East Fork the $87,500 of connection fees paid by Oak Meadow to Wylie less the $11,000 owed by East Fork to Wylie pursuant to Section 4 below for a net payment by Wylie to East Fork of$76,500, and East Fork shall provide retail potable water utility service to the Oak Meadow Subdivision on behalf of itself, to its CCN area, and or/behalf of Wylie, as to the portion of Wylie's CCN area to be transferred to East Fork. Once the CCN transfer is completed, East Fork shall be entitled to provide retail service on behalf of itself to the entire Oak Meadow Subdivision. 3.4 Choice agrees to pay to East Fork a $200 inspection fee on each meter set in the Oak Meadow Subdivision. East Fork shall conduct the inspection on each meter. 3.5 Other than as set forth above, neither Wylie nor East Fork shall make any charge for the provision of retail potable water service to the Oak Meadow Subdivision except for the normal monthly charge and usage charge applicable to retail customers with the Oak Meadow Subdivision. The relationship of Wylie and East Fork as to the provision of retail service within the Oak Meadow Subdivision pending approval of the CCN transfer by the TNRCC shall be as provided in the CCN Transfer Agreement. 3.6 Upon approval of the CCN transfer by the TNRCC, East Fork shall become the owner of any internal water distribution lines in the Oak Meadows Subdivision constructed by Oak Meadow to serve the subdivision. 4. Construction of Water Line. Notwithstanding the above, East Fork and Wylie each agree to have East Fork pay all of the cost of that certain 12-inch water line to be constructed by East Fork from Kreymer Lane along Brown Street to the Oak Meadow Subdivision to allow East Fork to provide retail potable waster utility service to the Oak Meadow Subdivision on a permanent basis, except that the first $16,000 of said costs shall be considered Wylie's share of the costs and in lieu of paying Wylie the entire $27,000 agreed to be paid by East Fork to Wylie pursuant to Section 6.1 of the CCN Transfer Agreement, East Fork shall instead owe Wylie $11,000 which shall be a credit reducing the $87,500 owed by Wylie to East Fork as described in Section 3.3 above. 5. Release In consideration of ten dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged, each party to this Agreement, individual and jointly, does hereby completely and unconditionally release, relinquish and discharge the other parties from any and all claims, causes of action, and damages related to or concerning Wylie's or East Fork's CCN; delivery of potable water to Oak Meadow Subdivision; and construction of a water line as described in paragraph 4 above or any other matter relating to water service to Oak Meadow Subdivision. January 27,2004 City of Wylie and East Fork Special Utility District Agreement Regarding Water Service-Page 2 6. Miscellaneous 6.1 This Agreement may not be assigned by any party without the written consent of the other parties. 6.2 This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 6.3 This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 6.4 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6.5 The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 6.6 This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 6.7 Any notice provided or required to be given under the terms of this Agreement, must be in writing and may be served by depositing same in the United States Mail, properly addressed, postage pre-paid, registered or return receipt requested or by hand-delivery. All notices and communications concerning this Agreement to be mailed or delivered to shall be sent to the addresses as follows: If intended to Wylie: City Manager 2000 Highway 78 North Wylie, TX 75098 If intended to East Fork: January 27,2004 City of Wylie and East Fork Special Utility District Agreement Regarding Water Service-Page 3 Any party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. 6.8 This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 6.9 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.10 This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 6.11 All actions taken by the parties prior to execution of this Agreement but in furtherance hereof are in all respects ratified, approved, confirmed and consented to by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective as of December 31, 2001 as reflected by the signatures below. CITY OF WYLIE, TEXAS EAST FORK SPECIAL UTILITY DISTRICT By: By: Name: John Mondy Name: Title: Mayor Title: ATTEST: ATTEST: Carole Ehrlich, City Secretary Secretary, Board of Directors January 27,2004 City of Wylie and East Fork Special Utility District Agreement Regarding Water Service-Page 4 January 27,2004 City of Wylie and East Fork Special Utility District Agreement Regarding Water Service-Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. E. January 27, 2004 Issue Consider and act upon approval of Resolution#2004-03(R)of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. Background There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First,the publication must be a Anewspaper as defined by Section 2051.044, Texas Government Code. The section defines the term Anewspaper as: ...any newspaper devoting not less than 25%of its total column lineage to the carrying of items of general interest published not less frequently than once each week,entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve(12) months prior to the malting of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation, times of publication, and advertising costs for public notifications. Newspaper Publication Advertising Approx. No. Dates Costs Subscribers Wylie News Every Wednesday $ 9.00 per col. inch 4,200 Plano Star Courier Wed - Sun $ 13.70 per col. inch 7,500* Wed 17,000* Fri 11,000*Sun McKinney Courier Sun -Friday $ .20 cents per word 11,000* McKinney Messenger Every Thursday $ 11.10 per col. inch 10,000* Allen American Thurs & Sun $ 10.50 per col inch 6850* Garland News Thurs & Sun $ 3.56 per line 16,600* Legals published on Thurs&Sunday only Dallas Morning News Daily $ 37.40 col inch Tues-Thur 73,559* $ 44.50 col inch Fri - Sat 87,587* $ 50.00 Sunday Rate 98,051* * The Number of Wylie Subscribers who receive this publication was not available. Figures reflect the total number of subscribers. Background-continued The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News was the official publication for the City in 2003. Financial Consideration Our total expenditure for advertising costs for fiscal year 2003 was approximately$22,920.00. This figure includes general advertising, employment advertising, and publication of public hearing and legal notices. Other Consideration The City of Wylie Home Rule Charter states in Article 11, Section 2 AThe City Council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances,notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper.= Board/Commission Recommendation N/A Staff Recommendation Staff recommends naming the Wylie News as the official newspaper. Attachments Resolution Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-03 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie,Texas ("Wylie"); and WHEREAS,the City Council finds that the Wylie News is a public newspaper of general circulation. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 27th day of January 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 1. January 27, 2004 Issue Hold a Public Hearing to consider and act upon a change in zoning from Single Family 8.5/17 to Single Family 8.5/17 with Special Use Permit(SUP)for an Amateur Communications Tower. Subject property being located at 106 N. Carriage House Way, and being Lot 5,Block 15 of Westgate Phase 1 Addition, City of Wylie Collin County, Texas. (Zoning Case 2003-14) Background The applicant is requesting a Special Use Permit(SUP)in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. The new tower/antenna will replace three connected monolithic poles with stationary wire antenna currently attached to the residence and fence. The new tower will be attached to the rear roof-line of the residence. The tower will be thirty(30)feet high and will be tubular truss construction. The antenna will be a 28 feet wide grid constructed of four 1.5 inch metal tubes. The subject property was created in 1986 by the platting of the Westgate Phase I Addition, and the subsequent construction of the applicant-owned single-family residence. At the time the residence was built the property was zoned Single Family-3 (SF-3)District, but the zoning was changed to Single Family-8.5/17 (SF-8.5/17) District in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and new Map. Both the previous and current Ordinances allow amateur radio transmission antennas within residential districts only with an approved Special Use Permit. The Federal Communications Commission(FCC)ultimately controls the operation of individual amateur radio communicators as well as the limits to which local governments such as Wylie may restrict such operations. The FCC publication PRB-1, states that the FCC "will not specify any particular limitations beyond which a local government may not regulate, nor will the FCC suggest precise language that must be contained within local ordinances. Local regulations which involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate goals and purpose." Section 5.2.J.7 of the Zoning Ordinance requires an approved Special Use Permit(SUP)for the construction and operation of such amateur communication towers/antennas within the Single Family-8.5/17 District. The Ordinance also limits such towers to one(1)per lot,the height of which may not exceed seventy-five(75)feet. The Ordinance states that such towers may not be located within any front, side or rear setbacks. Single antennas may not exceed 900 square feet and multiple antennas may not total more than 1,400 square feet. The Zoning Ordinance allows consideration of a Special Use Permit (SUP) for certain uses within certain districts as a means to more carefully and specifically evaluate the effects of certain uses on surrounding properties or when necessary to establish for such uses in such locations any special conditions which insure that the use is more compatible and consistent with the character of adjacent properties than that use may be normally in other locations. An SUP does not change the zoning but overlays the existing zoning with site- specific and limited additional uses and regulations. The Planning and Zoning Commission and City Council shall evaluate a request for an SUP to determine its probable effect on adjacent properties and the community as a whole, and may impose any reasonable conditions for the granting of an SUP. Failure at any time to comply fully with the approved Conditions of the SUP will result in the cancellation of the Certificate of Occupancy. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to thirty-two (32) property owners within 200 feet of this request. Four (4) Comment Forms have been returned at the time of posting, two opposing and two favoring the request. These responses allow a simple-majority decision by the Council. 2. All surrounding properties are zoned SF-8.5/17 and are fully developed as such urban-density residences. This existing pattern is also in compliance with recommendations of the Comprehensive Plan. The neighborhood is stable, and is expected to maintain its residential uses and character as it ages. The subject residence is single-story masonry, but neighboring houses are a mixture of single- and two-story. 3. Amateur communications towers/antennas require approval of a Special Use Permit(SUP)because such towers have the potential to adversely effect the surrounding land uses, especially in regards to the visual or aesthetic impact of the transmission equipment and interference with the receiving capability of other communications equipment within the vicinity. a. The potential for towers and antennas to obstruct views and become an annoyance aesthetically depends directly on how visible the tower is from neighboring properties, and,therefore,is determined by the tower's location, height and structural materials. The proposed tower will be located in the rear yard and attached to the roof overhang of the house. The top of the tower and antenna (at 30 feet maximum) will be approximately 4 feet higher than the peak of the house roof(26 feet), so will be largely screened by the roof from the front yard/street-level. The tower will be an open truss construction with legs/stanchions spaced 14 inches apart, which will provide through visibility and will blend with the existing residence. It will replace a three-pole antenna which encircles the rear yard(one pole attached to the house chimney and two attached to side fences). There are several TV receiving antennas and dishes of similar or greater height and configuration currently visible on neighboring residences. b. The FCC confirms the potential for the radio transmitting to interfere with other air-wave communication receiving equipment within the immediate area (also cited by one of the negative respondents). Such interference is largely caused by inadequate design and manufacture of the equipment being interfered with and is most readily solved by adjustments to that equipment. Such interference may also be caused by electrical equipment within the interfered-with house. If caused by the radio operations,the interference will occur only when the amateur operator is talking and the new antenna will rotate to achieve better directional transmission than the existing stationary wire antenna. The applicant already operates radio communications and there is a second radio transmitting antenna which is a monopole mounted on the chimney of a neighboring house. The applicant transmits largely at the midnight hour and during times of emergency and records are maintained of all transmissions. Therefore, any interference will be limited and/or documentable. Radio transmissions do not interfere with cable-receiving equipment. (See attached FCC report). 4. There is no record that the required Special Use Permits were approved for either the existing towers on the applicant's property nor for the tower on the neighboring house. If the SUP is approved,the applicant will replace the existing pole antennas with the tower and frame antenna, thereby legalizing the existing operation. 5. A survey of area municipalities reveals that most allow private communication towers and antennas by right, like other common appurtenances such as chimneys, vents flues, steeples and utility cases. Special Use Permits are generally not required for towers of a common height(such as that allowed for the main building or some maximum such as Wylie's 75 feet). 6. The applicant is a member of a not-for-profit private/religious volunteer disaster relief group, and states that the radio is used primarily in times of such emergencies. However, nothing in the proposed request establishes limits to the times the radio transmissions may occur. It is common for Special Use Permits to provide such special conditions, and such provisions may be established as a stipulation for approval if desired by the Commission and accepted by the applicant. 7. The proposed tower and antenna will comply fully with all applicable regulations of the Zoning Ordinance. The height of the tower(30 feet rather than the allowed 75 feet) and the size of the antenna(782 square feet rather than the allowed 900 square feet) are well within the limits allowed by the Ordinance. Any future towers and antennas on this lot must fully comply with these standard requirements of the Ordinance. However, in response to neighbors' concerns, the Planning and Zoning Commission recommended that towers be limited to a maximum of 35 feet. Board/Commission Recommendation At the January 6, 2004 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of the proposed zoning change, with the stipulation that the tower not exceed thirty-five feet(35')in height. Staff Recommendation Approval. The use already exists in the neighborhood, the proposed single tower and antenna reduce the potential for noxious influences on neighboring properties, and construction will comply fully with current code requirements. Attachments Ordinance Location Map Applicant's Letter of Request Site Plan Illustrating Location of Tower Manufacturer's Description of Tower and Antenna FCC Information Concerning Interference Photos of site and neighboring towers Notification List and Map, with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2003-14, TO SINGLE FAMILY RESIDENTIAL (SF-8.5/17) DISTRICT WITH A SPECIAL USE PERMIT (SUP) ALLOWING FOR A MOUNTED AMATEUR COMMUNICATIONS TOWER; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family Residential (SF-8.5/17) with a Special Use Permit, allowing for a mounted amateur communications tower, said property being described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person,firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 27th day of January, 2004. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change #2003-14 PROPERTY DESCRIPTION BEING a tract of land located at 106 North Carriage House Way, and being Lot 5, Block 15 in the Westage Phase 1 Addition, in the City of Wylie, Collin County, Texas. Exhibit "B" SPECIFIC USE PERMIT CONDITIONS For an Amateur Communications Tower and Antenna At 106 North Carriage House Way (Zoning Case #2003-14) General Conditions: 1. The purpose of this special Use Permit is to allow the construction and operation of an Amateur Communications Tower and Antenna in conjunction with an existing private residence, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Single Family-8.5/17 (SF 8.5/17) District set forth in Sections 3.3.A and 5.2 of the Zoning Ordinance (as adopted November 2001) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply only to Lot 5, Block 15 of the Westgate Phase 1 Addition as described in Exhibit"A", and shall not be transferred or applied to other uses or properties in any way. 2. Permitted land uses within this Special Use Permit shall permit an Amateur Communications Tower, as well as all of but only those uses permitted within the Single Family-8.5/17 District as specified in Section 5.1 of the Zoning Ordinance. 3. All development provisions and regulations of Section 5.2.J.7 of the Zoning Ordinance shall apply, except that the tower may not exceed thirty-five (35) feet in height. 4. The operations shall remain in compliance at all times with the above and all other applicable local, state and federal laws, and failure to do so shall be considered a violation of this Special Use Permit and subject to revocation of the SUP. WYLIE CITY COUNCIL AGENDA ITEM NO. 2. January 27, 2004 Issue Consider and act upon a Resolution ratifying Chief Jeff Butters as Acting City Manager. Background Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Under noimal circumstances, the Assistant City Manager functions in this capacity, however, staff recommends that Chief Jeff Butters fill this position in the event of the absence or disability of the current Acting City Manager. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Resolution. Attachments Resolution Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-05(R) RESOLUTION OF THE CITY OF WYLIE; RATIFYING CHIEF JEFF BUTTERS AS ACTING CITY MANAGER IN THE EVENT OF THE ABSENCE OR DISABILITY OF CURRENT ACTING CITY MANAGER MINDY MANSON WHEREAS, Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence, and; WHEREAS, Acting City Manager Mindy Manson has filed with the City Secretary a letter designating Chief Jeff Butters as Acting City Manager in the event of her absence or disability. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. Chief Jeff Butters is hereby ratified as Acting City Manager until such time as the position of city manager is permanently filled. Mayor, City of Wylie ATTEST: Carole Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. I January 27, 2004 Issue Consider and act upon an agreement with Bozman Farms Development,Ltd.for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line. Background The Bozman Farms development is located south of Brown and east of FM 544. The Rush Creek sewer lift station is located along the north edge of the development and the new Rush Creek sewer lift station is located at the southern end of the development on Troy Road as shown on the attached map. A portion of the 30-inch sewer line has been installed to provide service to the Bozman Farms development, however, approximately 1,650 linear feet of 30-inch sewer line is necessary to connect the new Rush Creek lift station to the City's sewer system. The existing Rush Creek lift station has reached its useful life and the installation of the sewer line will allow the removal of the station. The proposed agreement allows the developer to receive reimbursement through impact fees for the installation of the sewer line. The sewer line is currently identified on the City's Capital Improvements Plan and is a part of the current impact fee calculation. An impact fee reimbursement agreement is advantageous because the developer can negotiate a cheaper construction cost than the City can achieve through the bidding process. Financial Considerations The construction cost of the sewer line is$361,960.77. Phase I of the Bozman Farms and Lake Trails of Bozman Farms development includes 3 82lots for a sewer impact fee of$467,186.00. Reimbursements will be made to developer as the builders pay the sewer impact fee for the lots in Phase I. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends execution of the impact fee agreement with Bozman Farms Development, Ltd. Attachments Impact Fee Agreement Display Prepared by Reviewed by Finance City Manager Approval IMPACT FEE AGREEMENT THIS IMPACT FEE AGREEMENT (the "Agreement") is made and entered into by and between Bozman Farm Development, Ltd., a Texas Limited Partnership (the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the "Parties". WHEREAS, the Developer owns approximately 96 acres of land, situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, in the City of Wylie, Collin County, Texas,which is described more particularly on Exhibit A attached hereto; and \VTIEREAS, in addition to the 96 acres of land described on Exhibit A, Bozman owns or anticipates acquiring approximately 380 acres of land in the City for the purpose of developing the Bozman Farm Estates Subdivision; and \VTIEREAS, the land described on Exhibit A, together with all additional land now owned or hereafter acquired by Bozman that is part of the Bozman Farm Estates Subdivision is hereinafter collectively called the `Bozman Property"; and \VTIEREAS, LT Lake Trails 544, LP, a Texas limited partnership ("Lake Trails") owns approximately 50 acres of land situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, in the City of Wylie, Collin County, Texas,which is adjacent to the Bozman Property and is described more particularly on Exhibit B attached hereto (the "Lake Trails Property");and WHEREAS, the Developer and Lake Trails entered into a Development Agreement dated effective as of September 1, 2003, regarding the construction of various facilities for the mutual benefit of the Bozman Property and the Lake Trails Property (the "Development Agreement");and \VTIEREAS, the Developer has agreed to construct an offsite sanitary sewer line and related improvements as described on Exhibit C attached hereto and incorporated herein for all Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 purposes (the "Project") that will provide sewer services to a portion of City's Sewer Service Area (hereinafter defined);and \VI-IEREAS, the Project is identified on City's Capital Improvements Plan;and \VI-IEREAS, City is entitled to collect impact fees for sewer utilities, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001-19, 2001 42, and 2001-56 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising (collectively, the "Impact Fee Ordinances");and WHEREAS, the Developer desires to obtain reimbursement of its costs to construct the Project (the "Project Costs") by receiving payments out of certain sewer impact fees collected by the City as more fully set forth herein;and \VI-IEREAS, City desires to reimburse the Developer for the Project Costs as more fully set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is the Bozman Property and the Lake Trails Property. 2. Easements for Sewer Line. Developer shall grant to the City any and all easements determined by City to be necessary for the Project (the "Easements"). Developer shall be responsible for any costs incurred to provide the Easements,without reimbursement by City. 3. Construction of Sewer Line — Project Costs. No later than April 1, 2004, Developer will construct the Project and pay for all Project Costs, which include (i) the cost to construct a thirty inch (30") offsite sanitary sewer line at the location that is more particularly described in Exhibit C (the "Sewer Line"); and (ii) the costs of engineering, surveying and inspection related to the Sewer Line. Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 4. Service Area. The Project will assist the City in providing sewer services to a portion of the City's Sewer Service Area, as depicted on Exhibit "A" & "B". (the "Sewer Service Area"). 5. Project Costs. The total Project Costs are Three Hundred Sixty One Thousand, Nine Hundred Sixty Dollars and Seventy-Seven Cents ($361,960.77). A summary of the Project Costs is set forth on Exhibit D attached hereto and incorporated herein for all purposes. 6. Reimbursement of Project Costs. Upon acceptance by City of the Easements and the Sewer Line, Developer will be entitled to reimbursement by the City of One Hundred Percent (1000 o) of the Project Costs, to be paid out of the sewer impact fees collected on the Bozman Property and the Lake Trails Property under the Impact Fee Ordinances. The reimbursement shall be paid as provided in this Section 6. Pursuant to the Development Agreement, Developer has agreed to pay to Lake Trails the total amount of Fifty-Five Thousand Dollars ($55,000.00) out of the reimbursements made by the City to Developer and Developer will retain the remaining Three Hundred Six Thousand, Nine Hundred Sixty Dollars and Seventy-Seven Cents ($306,960.77). However, City agrees that all reimbursements hereunder will be paid by City to Developer. A. Payment of Sewer Impact Fees by Builders. The sewer impact fees due on the Bozman Property and the Lake Trails Property will be paid by the builders according to the Impact Fee Ordinances. B. Reimbursement of Project Costs from Sewer Impact Fees Collected on the Bozman Property and the Lake Trails Property. Sewer impact fees collected by the City after the date of this Agreement with respect to the Bozman Property and the Lake Trails Property shall be paid by the City to Developer until Developer has been reimbursed for One Hundred Percent (100%) of the Project Costs. The City agrees that all sewer impact fees payable with respect to the Bozman Property and the Lake Trails Property are committed for this purpose (collectively, the "Committed Funds") and the City agrees not to pay or credit any other Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 party for the Committed Funds until Developer has been reimbursed for One Hundred Percent (1000 o) of the Project Costs. C. Reimbursement of Project Costs from Uncommitted Funds. To the extent the City receives Uncommitted Funds (as hereinafter defined), then the City shall pay such Uncommitted Funds to Developer as provided herein, not to exceed the amount of the unreimbursed Project Costs. For purposes of this Agreement, the term "Uncommitted Funds" means all sewer impact fees collected by the City after the date of this Agreement, except for funds that the City has (i) contracted to pay, within six (6) months from the date of the Citds receipt of the funds, for the construction of improvements and related approved costs that are on the City's Capital Improvement Plan; or (ii) contracted to pay to another developer pursuant to a written reimbursement agreement for sewer improvements that was executed by the City and the other developer prior to the date of this Agreement. Except for reimbursements or payments attributable to sewer impact fees as provided in development or reimbursement agreements executed prior to the date of this Agreement, City agrees not to pay or reimburse any other party or entity for credited sewer impact fees before Developer is reimbursed for One Hundred Percent (100%) of the Project Costs. D. Time of Reimbursement. No later than the 10th day of each month, the City agrees to pay to Developer an amount of the Committed Funds equal to all sewer impact fees collected by the City on the Bozman Property and the Lake Trails Property for the previous month. Each reimbursement payment from Committed Funds shall be accompanied by a written list of the lots for which sewer impact fees were collected, specifying whether the lots were part of the Bozman Property or the Lake Trails Property. In addition, the City shall pay- to Developer any Uncommitted Funds no later than fifteen (15) days after the City receives the Uncommitted Funds. Reimbursement payments from Uncommitted Funds need not be accompanied by any documentation specifying the source of the Uncommitted Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 Funds. In no event shall the total amount to be paid by the City to Developer out of the Committed Funds and the Uncommitted Funds exceed the Project Costs. The Developer acknowledges that there is no specific date by which reimbursement of the Project Costs is due and payable to the Developer. Developer also acknowledges that interest shall not accrue on the unreimbursed Project Costs. All reimbursements received by Developer with respect to the Lake Trails Property shall be paid by Developer to Lake Trails within ten (10) days after receipt by Developer, until Lake Trails has received the total amount of $55,000.00. 7. Capital Improvement Plan. City acknowledges and represents to Developer that the Project is included in the City's Capital Improvements Plan. 8. Limitations of Agreement. The Parties acknowledge that this Agreement is limited to the obligations created by Impact Fee Ordinances or any other Ordinance created for the recovery of costs for sewer facilities only. Any other Ordinances of City covering property taxes, park dedications and/or payments in lieu of dedication of land, utility rates or other impact fees are not affected by this Agreement. 9. Miscellaneous. A. The Easements required by this Agreement will be in a form reasonably acceptable to City and free and clear of any liens and encumbrances. B. Construction of the Project will be in accordance with the Ordinances of City. C. Except as provided for in this Agreement, the Parties agree that Developer shall be subject to all Ordinances of City, including without limitation, the other provisions of the Impact Fee Ordinances,whether now existing or in the future arising. D. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties. Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 E. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. F. This Agreement is executed by the Parties without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. G. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. H. The individuals executing this Agreement on behalf of the Parties represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for it to be an authorized and binding agreement on the party for whom the individual is signing, that each individual signing this Agreement is authorized to do so, and the authorization is valid and effective on the date hereof. I. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives and successors. This Agreement may not be assigned by Developer without the prior written consent of City. J. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. K. Each signatory represents that this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 L. This Agreement shall be deemed drafted equally by both Parties. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings contained in this Agreement are for the convenience of the Parties and shall not be used in construing this Agreement. \I. The Parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 10. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the Parties shall be as follows: If to Developer to: Bozman Farm Development,Ltd. 5001 LBJ Freeway, Suite 830 Dallas, Texas 75244 Attention: Gregory L. Rich With a copy to: Bruce W. Bringardner, Esq. Thompson, Coe, Cousins & Irons,LLP 700 N. Pearl, 25r'' Floor Dallas, Texas 75201 If to City, to: Ms. Mindy Manson Interim City Manager 2000 Highway 78 North Wylie, Texas 75098 Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 IN WITNESS \VI-IEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. BOZMAN FARM DEVELOPMENT, LTD. By: Troy Development Corporation General Partner By: Gregory L. Rich Vice President Date: CITY OF WYLIE, TEXAS By: Name: John Mondv Title: Mayor Date: Impact Fee Agreement-Page 8 of 8 Doc ID BRINB-801333 9999-0999 EXHIBIT A BOZMAN PROPERTY Legal Description: BEING a tract of land situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 in the City of Wylie, Collin County, Texas, and being all of the 60.026 acre tract of land described as Tract One in deed to Bozman Farm Development, Ltd., recorded in Volume 5143, Page 3316 of the Land Records of Collin County, Texas, part of the called 69.974 acre tract of land described as Tract Two in deed to Bozman Farm Development, Ltd., recorded in Volume 5143, Page 3316 of the Land Records of Collin County, Texas, and all of the called 5.718 acre tract of land described in deed to Bozman Farm Development, Ltd recorded in Collin County Clerk's File No. 2003-0017050 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found in the east right-of-way line of F.M. 544 (variable width ROW) for the southwest corner of the tract of land described in deed to Pecan Creek Development, Inc., recorded in Volume 4665, Page 568 of the Land Records of Collin County,Texas; THENCE leaving the east right-of-way line of said F.M. 544 with the south line of said Pecan Creek Development, Inc. tract, North 87°51'26" East, a distance of 185.16 feet to a 3/8" iron rod found in the west line of the tract of land described in deed to Glenn E.Jones, recorded in Volume 929, Page 810 of the Deed Records of Collin County, Texas; THENCE with the west line of said Glenn E.Jones tract, South 04°46'47" East, a distance of 3.94 feet to a 1/2" iron rod found for the southwest corner of said Glenn E.Jones tract; THENCE with the south line of said Glenn E. Jones tract, the south line of the tract of land described in deed to Billy W. Foster, recorded in Volume 4703, Page 1639 of the Land Records of Collin County, Texas, the south line of the tract of land described in deed to Jimmie D. O'Neal, recorded in Volume 857, Page 104 of the Deed Records of Collin County, Texas, and the south line of the tract of land described in deed to Clark A. Higginbothom, recorded in Volume 3266, Page 470 of the Land Records of Collin County,Texas, North 87°44'15" East, a distance of 627.42 feet to a 1/2" iron rod found for the southeast corner of said Clark A. Higginbothom tract; THENCE with the east line of said Clark A. Higginbothom tract, North 01°06'22" East, a distance of 296.29 feet to a 1/2" iron rod found for the southwest corner of the tract of land described in deed to David L. Tyler, recorded in Collin County Clerk's File No. 95-0082463 of the Land Records of Collin County, Texas; THENCE with the south and east line of said David L. Tyler tract, the following courses and distance to wit: South 88°37'42" East, a distance of 149.61 feet to a 5/8" iron rod set with a red cap stamped "C- CAI" (hereinafter called a 5/8" iron rod set) for corner; North 01°00'38" East, a distance of 290.67 feet to a 5/8" iron rod set in the south right-of-way line of Stone Road (variable width ROW); Impact Fee Agreement- Exhibit A-Page 1 of 4 Doc ID BRINB-801333 9999-0999 THENCE with the south right-of-way line of said Stone Road; South 88°59'21" East, a distance of 651.60 feet to a point in the meandering of a creek; THENCE with the meandering of said creek, the west line of the tract of land described in deed to City of Wylie, recorded in Volume 2177, Page 527 of the Land Records of Collin County, Texas, the west line of the tract of land described in deed to Gregory L. Brown, recorded in Volume 5060, Page 3592 of the Land Records of Collin County, Texas, and the west line of the tract of land described in deed to Billy AI. Ward, recorded in Volume 967, Page 551 of the Deed Records of Collin County,Texas, the following courses and distances to wit: South 16°27'39" East, a distance of 57.46 feet to a point for corner; South 47°11'43" East, a distance of 65.63 feet to a point for corner; South 43°36'17" East, a distance of 124.60 feet to a point for corner; South 29°18'38" East, a distance of 68.15 feet to a point for corner; South 88°54'01" East, a distance of 99.06 feet to a point for corner; South 58°34'23" East, a distance of 104.07 feet to a point for corner; South 08°00'39" East, a distance of 161.84 feet to a point for corner; South 43°44'54" East, a distance of 53.83 feet to a point for corner; South 19°34'30" East, a distance of 31.24 feet to a point for corner; South 49°37'59" East, a distance of 27.57 feet to a point for corner; South 01°09'12" West, a distance of 22.25 feet to a point for corner; South 22°01'47" East, a distance of 48.57 feet to a point for corner; South 23°00'11" East, a distance of 95.60 feet to a point for corner; South 17°20'52" East, a distance of 60.80 feet to a point for corner; South 14°46'36" East, a distance of 63.07 feet to a point for corner; South 27°12'28" East, a distance of 50.89 feet to a point for the corner southwest corner of said Billy AI. Ward tract; THENCE with the south line of said Billy AI. Ward tract and the south line of COUNTRY ROAD SUBDIVISION, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in the flap Records of Collin County, Texas, and the south line of the tract of land described in deed to Larry K. Allen, recorded in Volume 2545, Page 689 of the Land Records of Collin County, Texas and the south line of the tract of land described in deed to V.G. Dickerson, recorded in Volume 840, Page 214 of the Deed Records of Collin County, Texas, South 88°42'41" Impact Fee Agreement- Exhibit A-Page 2 of 4 Doc ID BRINB-801333 9999-0999 East, a distance of 1260.41 feet to a 5/8" iron rod set for the beginning of a non-tangent curve to the left, having a central angle of 24°45'13", a radius of 1000.00 feet, and chord bearing and distance of South 10°03'11" East, 82.94 feet; THENCE leaving the south line of said W.G. Dickerson tract, the following courses and distances to wit: Southeasterly with said curve, an arc distance of 82.97 feet to a 5/8" iron rod set for corner; South 12°25'47" East, a distance of 156.83 feet to a 5/8" iron rod set for the beginning of a curve to the right having a central angle of 18°52'23", a radius of 1020.00 feet and a chord bearing and distance of South 21°51'59" East, 334.47 feet; Southeasterly with said curve, an arc distance of 335.98 feet; South 31°18'10" East, a distance of 159.99 feet to a 5/8" iron rod set for corner; South 86°25'16" West, a distance of 284.88 feet to a 5/8" iron rod set for corner; South 86°25'16" West, a distance of 116.90 feet to a 5/8" iron rod set for corner; South 86°29'21" West, a distance of 250.10 feet to a 5/8" iron rod set for corner; South 40°35'05" East, a distance of 115.08 feet to a 5/8" iron rod set for corner; South 28°24'07" East, a distance of 216.34 feet to a 5/8" iron rod set for the beginning of a non- tangent curve to the right, having a central angle of 0°57'25", a radius of 1155.00 feet and chord bearing and distance of South 62°04'36" West, 19.29 feet; Southwesterly with said curve, an arc distance of 19.29 feet to a 5/8" iron rod set for corner; South 27°26'42" East, a distance of 68.23 feet to a 5/8" iron rod set for corner; South 69°15'49" West, a distance of 164.97 feet to a 5/8" iron rod set for the beginning of a non- tangent curve to the right, having a central angle of 0°15'38", a radius of 1470.00 feet and chord bearing and distance of North 20°36'22" West, 6.68 feet; Northerly with said curve, an arc distance of 6.68 feet to a 5/8" iron rod set for corner; South 69°31'26" West, a distance of 120.00 feet to a 5/8" iron rod set for the beginning of a non- tangent curve to the left, having a central angle of 0°53'36", a radius of 1590.00 feet, and chord bearing and distance of South 20°55'22" East, 24.79 feet; Southerly with said curve, an arc distance of 24.79 feet to a 5/8" iron rod set for corner; South 68°37'51" West, a distance of 260.00 feet to a 5/8" iron rod set for corner; South 66°59'19" West, a distance of 249.24 feet to a 5/8" iron rod set for corner; Impact Fee agreement- Exhibit A-Page 3 of 4 Doc ID BRINB-801333 9999-0999 North 21°59'06" West, a distance of 10.30 feet to a 5/8" iron rod set for corner; North 28°32'54" East, a distance of 120.21 feet to a 5/8" iron rod set in the west line of the called 49.277 acre tract of land described in deed to LT Lake Trails 544, L.P., recorded in Collin County, Clerk's File No. 2002-0094030 of the Land Records of Collin County, Texas; THENCE with the west and north line of said 49.277 acre tract, the following courses and distances to wit: North 14°27'10" West, a distance of 72.17 feet to a 5/8" iron rod set for corner; North 76°18'47" West, a distance of 10521 feet to a 5/8" iron rod set for corner; North 14°09'47" West, a distance of 238.47 feet to a 5/8" iron rod set for corner; North 26°51'56" West, a distance of 102.09 feet to a 5/8" iron rod set for corner; North 88°27'19" West, a distance of 841.65 feet to a 5/8" iron rod set for corner; North 89°16'52" West, a distance of 976.74 feet to a 1/2" iron rod found for corner in the east line of a tract of land described in deed to Charlane C. Dew, recorded in Collin County, Clerk's File No. 93-0039229 of the Land Records of Collin County,Texas; THENCE North 00°59'42" East, a distance of 258.00 feet to a 3/8" iron rod found for corner in the north line of said Dew tract, being the northwest corner of said 5.718 acre tract; THENCE with the north line of said Dew tract, North 88°49'06" West, a distance of 221.29 feet to a 5/8" iron rod set for corner; THENCE with an east line of said 60.026 acre tract, North 02°12'16" West, a distance of 405.16 feet to a 5/8" iron rod found at the northeast corner of a 0.066 acre tract of land described in deed to Victor B. Eggemeyer, recorded in Volume 4817, Page 1759 of the Land Records of Collin County,Texas, for corner; THENCE with the north line of said 0.066 acre tract and a south line of said 60.026 acre tract, South 87°39'49" West, a distance of 286.40 feet to a 5/8" iron rod set in the east right-of-way line of said F.M. 544; THENCE with the east right-of-way line of said F.M. 544, North 02°14'03" West, a distance of 456.83 feet to the POINT OF BEGINNING and containing 96.427 acres of land. Bearing system based upon the monuments found along the west line of the 60.026 acre tract of land described as Tract One in deed to Bozman Farm Development,Ltd., recorded in Volume 5143, Page 3316 of the Land Records of Collin County, Texas in the east right-of-way line of F.M. 544 (variable width ROW). Impact Fee agreement- Exhibit A-Page 4 of 4 Doc ID BRINB-801333 9999-0999 EXHIBIT B LAKE TRAILS PROPERTY Legal Description: BEING a 48.289 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, Collin County, Texas and being part of"Tract 1" and all of "Tract 2" as described in deed to LT Lake Trails 544, L.P., as recorded in Volume 5202, Page 2317, Deed Records, Collin County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set on the east right-of-way line of F.M. 544, being the most westerly northwest corner of said "Tract 1" and the southwest corner of a called 4.86 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93- °039229; THENCE South 89 deg. 13 min. 54 sec. East, along the south line of said 4.86 acre tract, a distance of 15.03 feet to a point for corner; THENCE South 02 deg. 12 min. 16 sec. East, a distance of 173.92 feet to a point for corner; THENCE South 47 deg. 12 min. 16 sec. East, a distance of 28.28 feet to a point for corner; THENCE North 87 deg. 47 min. 44 sec. East, a distance of 24.36 feet to a point for corner, being the beginning of a curve to the left, having a radius of 828.00 feet, a central angle of 42 deg. 34 min. 21 sec. and a chord that bears North 66 deg. 30 min. 33 sec. East, 601.17 feet; THENCE along said curve, an arc distance of 615.23 feet to a point for corner; THENCE North 02 deg. 10 min. 35 sec. West, a distance of 13.63 feet to a point for corner, being the beginning of a non-tangent curve to the right, haying a radius of 156.50 feet, a central angle of 42 deg. 21 min. 10 sec. and a chord that bears North 26 deg. 13 min. 25 sec. West, 113.07 feet; THENCE along said curve, an arc distance of 115.68 feet to a point for corner on the south line of a called 5.718 acre tract of land described in deed to Bozman Farm Development, Ltd., as recorded in Collin County Clerk's File No. 2003-0017050 and the north line of said "Tract 1"; THENCE South 89 deg. 17 min. 11 sec. East, along the south line of said 5.718 acre tract, a distance of 896.14 feet to a 1/2" iron rod set for corner, being the southwest corner of a called 60.026 acre tract of land described in deed to Bozman Farm Development, Ltd., as recorded in Volume 5143, Page 3316, Deed Records, Collin County,Texas; THENCE South 88 deg. 27 min. 19 sec. East, along the north line of said "Tract 1" and the south line of said 60.026 acre tract, a distance of 841.65 feet to a point for corner in centerline of creek; THENCE along centerline of said creek, the following: South 26 deg. 51 min. 56 sec. East, a distance of 102.09 feet to a point for corner; Impact Fee Agreement- Exhibit B -Page 1 of 2 Doc ID BRINB-801333 9999-0999 South 14 deg. 09 min. 47 sec. East, a distance of 238.47 feet to a point for corner; South 76 deg. 18 min. 47 sec. East, a distance of 10521 feet to a point for corner; South 14 deg. 27 min. 10 sec. East, a distance of 72.17 feet to a point for corner; South 28 deg. 32 min. 54 sec. West, a distance of 12021 feet to a point for corner; South 21 deg. 59 min. 06 sec. East, a distance of 190.05 feet to a point for corner; South 20 deg. 14 min. 42 sec. East, a distance of 91.97 feet to a point for corner; South 71 deg. 54 min. 58 sec. East, a distance of 60.53 feet to a point for corner; South 27 deg. 30 min. 26 sec. East, a distance of 187.98 feet to a point for corner; South 37 deg. 00 min. 30 sec. East, a distance of 23.72 feet to a point for corner; THENCE South 89 deg. 37 min. 07 sec. West, a distance of 148.17 feet to an old fence post for corner, being the northeast corner of a tract of land described in deed to Jack M. Hanker as recorded in Volume 3394, Page 60, said Deed Records; THENCE North 88 deg. 35 min. 09 sec. West, along the north line of said Hanker tract, a distance of 1578.94 feet to a 1/2" iron rod set for corner, being the northwest corner of a tract of land described in deed to Julie Littlejohn as recorded in Volume 3794, Page 267, said Deed Records; THENCE South 02 deg. 52 min. 23 sec. West, along the west lines of said Littlejohn and Hanker tracts, a distance of 313.37 feet to a 60d nail set for corner in a gravel road; THENCE North 89 deg. 02 min. 27 sec. West, along the centerline of said gravel road, a distance of 347.09 feet to a 60d nail found for corner; THENCE North 01 deg. 39 min. 30 sec. East, a distance of 655.45 feet to an iron fence post for corner, being the northeast corner of a tract of land described in deed to Clyde Parker as recorded in Collin County Clerk's File No. 2000-0037949; THENCE North 86 deg. 45 min. 13 sec. West, along the north line of said Parker tract, a distance of 190.31 feet to an iron fence post for corner; THENCE North 01 deg. 47 min. 34 sec. East, along the east line of a called 3.99 acre tract of land conveyed to John Rice Housewright, et al, a distance of 122.06 feet to an iron fence post for corner; THENCE North 89 deg. 26 min. 18 sec. West, along the north line of said Housewright tract, a distance of 464.40 feet to a 1/2" iron rod set for corner on the east right-of-way line of aforesaid F.M. 544; THENCE North 02 deg. 12 min. 16 sec. West, along the east right-of-way line of said F.1I. 544, a distance of 338.00 feet to the Point of Beginning, containing 48.289 acres of land, more or less. Impact Fee agreement- Exhibit B -Page 2 of 2 Doc ID BRINB-801333 9999-0999 EXHIBIT C PROJECT As described in the plans and specifications prepared for the Developer by Hogan Engineering. Impact Fee Agreement- Exhibit C- Solo Page Doc ID BRINB-801333 9999-0999 EXHIBIT D PROJECT COSTS SUMMARY OF COSTS 30" SANITARY SEWER TRUNK MAIN 1. 4769' - 30" pipe $92,905.77 2. 4 D Contract $264,055.00 3. Staking& additional engineering S 5,000.00 Total: S361,960.77 Impact Fee-greement- Exhibit D - Solo Page Doc ID BRINB-801333 9999-0999 WYLIE CITY COUNCIL AGENDA ITEM NO. 4. January 27, 2004 Issue Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property;giving notice of an official determination to acquire property for the Alanis Drive paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Background The 1999 Bond identified four major paving projects, all of which will require the purchase of additional right-of-way. The Alanis Drive project from SH 78 to Ballard Ave. is a new alignment and requires the purchase of multiple properties. The majority of the right-of-way for the project has been purchased; however, some of the remaining parcels may be acquired through condemnation. The resolution establishes a public necessity to acquire five parcels by condemnation if necessary. Financial Considerations Bond funds of$3,700,000 have been budgeted for the construction of Alanis Drive from SH 78 to Ballard Avenue. This includes funding for right-of-way acquisition. Approximately $360,000.00 has been expended to date. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of a resolution establishing a public necessity to acquire property for the Alanis Drive project. Attachments Resolution and Exhibits `A'-`I' Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE ALANIS DRIVE PAVING PROJECT; ESTABLISHING PROCEDURES FOR THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF PROPERTY. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the property described in Exhibits "A"-"I" and it is the City of Wylie, Texas' ("Wylie") intention to acquire, by purchase or condemnation, the real property as set out and described in Exhibits "A"-"I" attached hereto and made a part of this resolution of for all purposes (the "Property") as part of the Alanis Drive Project of Wylie for the purposes of paving and drainage improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the Property described in Exhibit"A"-"I"and it is Wylie's intention to acquire, by purchase or condemnation, the Property as set out and described in Exhibit "A"-"I" attached hereto and made a part of this resolution of for all purposes as part of the Alanis Drive Project of Wylie for the purposes of paving and drainage improvements. SECTION 2: The City Manager is hereby authorized to contract, on behalf of Wylie, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition, by purchase or condemnation, of the Property for the Alanis Drive Project. Resolution#2004-04 Condemnation Resolution Page 1 SECTION 3: After consideration of said recommendation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the Property. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said Property at the full amount determined and established to be just compensation therefore, and to negotiate with said owner on behalf of Wylie. SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the Property needed for said project, on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same, the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the Property. SECTION 7: That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 27th day of January, 2004. JOHN MONDY, MAYOR ATTESTED TO AND APPROVED AS TO FORM: CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. RICHARD M. ABERNATHY City Attorneys Date(s) of Publication Resolution#2004-04 Condemnation Resolution Page 2 Resolution#2004-04 Condemnation Resolution Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. 5. January 27, 2004 Issue Consider and act upon an appointment to the Parks and Recreation Board, to fill an unexpired term. Background Article VIII, Section 2B of the City Charter authorizes the City Council to appoint a Parks and Recreation Board to advise the Council in carrying out its various duties regarding planning and development of parks and recreation facilities and regulations governing their use. Members of the board shall be appointed for two (2) year terms with three (3) members' terms expiring in even number years and four (4) members' terms expiring in odd-numbered years. Larry Bowles was appointed to a two (2)year term on the Parks and Recreation Board July 28, 2003. Mr. Bowles passed away in December 2003 after a long bout with cancer. The City Secretary maintains a file of citizens interested in serving on various City boards and commissions. This list has been reviewed by the Council Interview Panel(Chaired by Mayor Pro Tem Hogue with Council members Young and Shinn) who conducted reviews and interviews for the last appointments in May 2003. Financial Considerations None. As required by City Charter, Commission members are not compensated for their service. Other Considerations 1. The new appointee will serve the term expiring in 2005. 2. The Council Interview Panel will make a recommendation to Council, based on the interviews conducted in May 2003. Board/Commission Recommendation N/A Staff Recommendation That Council accepts the Interview Panel's recommendation. Attachments Current members of the Parks and Recreation Board, with terms of appointments New applications Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 6. January 27, 2004 Issue Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates, in an amount not to exceed $60,000. Background The approved Planned Development District for Creekside Estates calls for an approximately 14 acre public park within the subdivision. The developer, represented by Gary Defrain, is preparing to begin construction of the next phase of the subdivision which includes the park, and has requested that the City consider entering into an agreement that would allow them to construct the public improvements in the park at their costs, to be reimbursed by the City. In the first phase of Creekside, the developer exceeded their obligations for parkland improvements as set forth in the PD zoning. The proposed improvements are: 2,200 linear feet of 6' sidewalk, a low water pedestrian bridge, a basketball court, soccer goals, and a backstop. The developer has already graded the entire park area, including a practice ballfield and a practice soccer field at no cost to the City. The estimated cost for the improvements is between $50,000 and $60,000. The developer is aware that this project is not budgeted for at this time, and is willing to be reimbursed out of the FY 04/05 budget. Other Considerations N/A Financial Consideration The budgeted 4B fund balance for FY 30/04 is $506,930. Should the Council wish to fund the reimbursement during this budget year, adjustments may be made at mid-year. Board/Commission Recommendations The Park Board will review the proposal during their January 26, 2004 meeting. Staff Recommendations N/A Attachments Creekside Estates, Phase III Prepared by Reviewed by Finance City Manager Approval