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04-14-2015 (City Council) Agenda Packet iskt Wylie City Council CITY OF WYLI NOTICE OF MEETING Regular Meeting Agenda April 14, 2015 — 6:00 p.m. Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Pledge of Allegiance- Boy Scout Troop 78 PRESENTATIONS • Proclamation honoring Austin Byboth as an Eagle Scout • Proclamation honoring Lone Star Search and Rescue • Proclamation declaring April 2015 as Jazz Appreciation Month. (Public Art Advisory Board) April 14,2015 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Proclamation declaring April 12, 2015 through April 18, 2015 as National Public Safety Telecommunications Week in the City of Wylie. (B. Parker, Fire Chief) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. 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. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the March 24,2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a vendor application for the Blackland Prairie Playground Foundation for a 10th Birthday Party fundraiser in Pirate Cove Playground at Founders Park on May 16,2015. (R. Diaz, Parks and Recreation Superintendent) C. Consider, and act upon, Resolution No. 2015-09(R) authorizing the City Manager to execute a Termination of Interlocal Cooperation Agreement between the City of Wylie and the Seis Lagos Utility District for Ambulance and Paramedic Services and Mutual Release. (B. Parker, Fire Chief) D. Consider and act upon, Ordinance No. 2015-15 creating a construction work zone for traffic and temporarily reducing the rate of speed on State Highway 78 from Spring Creek Parkway to State Highway 205. (C. Holsted, City Engineer) E. Consider, and act upon, approval of a Final Plat for C & F Copeville Addition. The Plat will create three residential lots on 3.515 acres. Subject property generally located in the City of Wylie ETJ on the west side of SH78 and north of FM 549. (R. 011ie, Planning and Zoning Director) F. Consider, and act upon, approval of a Final Plat for Geckler Addition. The Plat will create a single residential lot on 14.274 acres. Subject property generally located in the City of Wylie ETJ on the east side of FM544 and north of Alanis Drive. (R. 011ie, Planning and Zoning Director) G. Consider, and act upon, approval of a Final Plat for Creekside Estates Phase VIII consisting of 20.551 acres for 65 single family residential lots, generally located northeast of Nancy Drive and Martha Drive, immediately north of Creekside Phase VI residential subdivision. (R. 011ie, Planning and Zoning Director) April 14,2015 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA 1. Consider and act upon Resolution No. 2015-10(R) authorizing the City Manager to execute a Relocation Agreement with Atmos Energy Corporation for the relocation of a 6-inch natural gas pipeline along Ballard Avenue from Pleasant Valley to Creek Crossing. (C. Holsted, City Engineer) Executive Summary The 2007 Collin County Bond Program included $5,400,000 for the reconstruction of Ballard Avenue from Alanis Drive to the Collin County Line. The project includes approximately 6,300 linear feet of 4-lane divided concrete roadway with underground storm sewer improvements. The county previously released $715,600 for engineering and right of way acquisition. 2. Consider and act upon approval of a Chapter 380 Economic Development Program and Agreement between the City of Wylie and Wylie Economic Development Corporation. (S. Satterwhite, WEDC Director) Executive Summary The Wylie Economic Development Corporation (WEDC) has approached City staff and requested participation by the City in a program designed to redevelop and enhance properties located on South Ballard Street more specifically identified as 505, 507, 601, 603, 605, and 607 South Ballard Street. The properties are owned by the Birmingham Land Trust(the Trust)and currently are being utilized as single family and multifamily rental homes. 3. Consider and act upon a Resolution No.2015-11(R) establishing Rules of Procedure for the Board of Ethics. (M. Manson, City Manager) Executive Summary Ordinance 2014-19 was approved by the City Council in 2014, and sets out ethical values and rules of conduct for City Officials. The Ordinance also created the Board of Ethics which is charged with issuing advisory opinions, waivers and hearing complaints related to possible violations of the provisions of the ordinance. The Ordinance states: "The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or inquiry and the person who is the subject of the complaint or inquiry." The Ordinance also sets out what is to be addressed by the Rules of Procedures. That criteria has been included, along with general guidelines for conducting the hearings and rulings. The rulings may range from a dismissal of the complaint to a recommendation for public censure and corrective action. If the Board finds that a violation of the Ordinance has occurred,it will put the findings in writing and make a recommendation to Council. 4. Consider and act upon authorizing the City Manager to execute a Real Estate Sales Contract for the purchase of real property located at Lots 13, 14 and 15,Block 3 of the Brown &Burns Addition,301 S.Ballard. (M. Manson, City Manager) Executive Summary The structure and property at 301 S. Ballard currently known as the Birmingham House is owned by the Birmingham Trust. The Trust is working to divest itself of some of its real property as a result of recent changes in law. The house and property have significant historic value to Wylie and it is the desire to ensure that it is preserved for the public's use and enjoyment. An appraisal was obtained for the property and the parties have agreed to a purchase price of$330,000. Certain furniture,appliances and equipment are a part of the agreement and will be specified in an exhibit to the contract that will be distributed to Council prior to the meeting.. April 14,2015 Wylie City Council Regular Meeting Agenda Page 4 of 4 READING OF ORDINANCES ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on April 10, 2015 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE V Minutes Wylie City Council Meeting Tuesday, March 24, 2015— 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman Bennie Jones, Councilman David Dahl, Councilman Todd Wintters, Councilman Nathan Scott, and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; Finance Director, Linda Bantz; Fire Chief, Brent Parker; Assistant Police Chief, Anthony Henderson; Human Resource Manager, Lynn Fagerstrom; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilman Whitney led the Pledge of Allegiance. PRESENTATIONS • Presentation of certificates of appreciation from the American Legion Mary Lange, representing the local American Legion, presented certificates of appreciation to Mayor Eric Hogue, City Manager Mindy Manson, and Tom Kollman for judging the 2015 Oratorical Scholarship Contest for Wylie High School students, and Mike Agnew, Tom Kollman, and Frank Drnbauer for judging Community High School. Joseph McDermott won the local Oratorical Scholarship and competed at the American Legion Department of Texas 4th District Oratorical Contest on Saturday, January 24, 2015. Lang awarded him with a check for $500. Minutes March 24, 2015 Wylie City Council Page 1 • Employee Milestone Anniversaries NAME TITLE DOH 2015 Melissa McCasland Crossing Guard 1/4/05 10 Angie McIntosh Crime Prevention Officer 2/17/05 10 Billy McIntosh Police Sergeant 2/17/05 10 Jimmy Johnston Firefighter/Paramedic 3/14/05 10 Mayor Hogue and City Manager Manson presented items of appreciation to the above City of Wylie employees honoring their 10th Anniversary with the City of Wylie. Mayor Hogue thanked all employees for their daily service to the community. • Community Waste Disposal Annual Report(J. Butters, Assistant City Manager) Greg Roemer, President, and Robert Medigovich, representing Community Waste Disposal, gave a brief annual report regarding solid waste and recycling services for 2014. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. 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. Candace Gillespie, representing FNH Contracting L.L.C., addressed Council stating that she was addressing Item D of the Consent Agenda (Bid for Construction at FM 1378 and Parker Road). She noted that FNH was the lowest bidder but was not recommended for the project. She stated FNH could fulfill all project services and requested reconsideration. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of March 10, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2015. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28,2015. (L. Bantz, Finance Director) D. Consider, and act upon, the award of Bid #W2015-48-B for FM 1378 (Country Club Road) Paving & Drainage Improvements and Alternate Bid: Signal Improvements North and South FM 2514 Intersections, in the amount of $2,417,666.25 to Ed Bell Construction Company, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) Minutes March 24, 2015 Wylie City Council Page 2 E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2015. (S. Satterwhite, WEDC Director) Councilman Wintters requested Item D be removed from the Consent Agenda and considered separately. Consensus of the Council was to remove Item D and consider separately. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to approve Items A, B, C, and E of the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA D. Consider, and act upon, the award of Bid #W2015-48-B for FM 1378 (Country Club Road) Paving & Drainage Improvements and Alternate Bid: Signal Improvements North and South FM 2514 Intersections, in the amount of $2,417,666.25 to Ed Bell Construction Company, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) Mayor Hogue requested Purchasing Agent Glenna Hayes to explain the bidding process. Hayes explained that as part of the bid review process in addition to bid price, a review of each company's financial information, equipment list, experience statement of key personnel, and quality of previous work for the project are reviewed. The bids are then sent to Birkhoff, Hendricks & Carter, L.L.P for review and analysis. When bids are opened, per law, the bid may go to the lowest responsive responsible bidder. Mr. Carter contacted both FNH and Ed Bell and met to discuss any concerns. City Engineer Hoisted and Mr. Carter then reviewed the bids and recommended Ed Bell Construction Company as the lowest responsive responsible bid. Mayor Hogue asked Mr. Joe Carter to come forward and explain the recommendation. Joe Carter of Birkhoff, Hendricks & Carter explained that in reviewing the information from FNH Contracting, L.L.C. he found the company had basically been in business for two years and had no project experience as a prime contractor with regard to the size and complexity of bid project. Carter noted the firm did have experience as a sub-contractor but not a prime contractor. Carter explained that Ed Bell Construction had more experience both with smaller and larger projects. Carter stated that based on that review, Birkhoff, Hendricks & Carter was recommending Ed Bell Construction for the FM 1378 project; as was the City Engineer. Council Action A motion was made by Councilman Scott, seconded by Councilman Whitney to approve Item D of the Consent Agenda as presented and Ed Bell Construction as the named bidder for Bid #W2015-48 B. A vote was taken and the motion passed 7-0. 1. Consider, and act upon, all matters incident and related to the issuance and sale of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2015", including the adoption of Ordinance No. 2015-14 authorizing the issuance of such bonds, establishing parameters for Minutes March 24, 2015 Wylie City Council Page 3 the sale and issuance of such bonds and delegating certain matters to an authorized official of the City. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the City's Financial Advisor David Medanich with First Southwest Company presented information to Council at their March 10, 2015 meeting recommending that the City consider refunding the 2006 General Obligation Bonds. The present value savings is estimated at approximately $1,800,000. He recommended the City use a parameters bond ordinance to allow First Southwest to avoid potential bad days in the market to conduct the bond sale. Information detailing the proposed parameters is reflected in the proposed ordinance. David Medanich addressed council stating that at the last council meeting suggested parameters were made for the sale of the bonds. He noted that the current market was better than the parameters suggested at that time. He reviewed the parameters that included: delegated financing officers of the City to be the Finance Director and the City Manager; allowing a maximum interest rate of 3.25%; a maximum price of 24 million dollars, requiring savings of at least 5% or 1.4 million dollars, and a maximum maturity of 2027, which is the current maturity and would go out 120 days. Medanich recommended approval of the ordinance. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Scott to approve Ordinance No. 2015-14 authorizing the issuance and sale of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2015", establishing parameters for the sale and issuance of such bonds and delegating certain matters to an authorized official of the City. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Light Industrial (LI) to Planned Development-Multi-Family (PD-MF), for multi-family residential with Neighborhood Service development on approximately 6.46 acres, located southwest S.H. 78 and Alanis Drive. ZC 2015-01 (R. 011ie, Planning and Zoning Director) Council Comments Mayor Hogue announced the applicant had submitted a letter to withdraw the request to rezone 6.46 acres from Light Industrial to Planned Development- Multi-Family District. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2015-01 at 7:55 p.m. asking anyone present wishing to address Council on this item to come forward. No one was present wishing to address Council. Mayor Hogue closed the public hearing at 7:56 p.m. Council Action A motion was made by Councilman Wintters, seconded by Mayor pro tem Stephens to accept the withdrawal by the applicant for a change in zoning from Light Industrial (LI) to Planned Development-Multi-Family (PD-MF) for multi-family residential with Neighborhood Service Minutes March 24, 2015 Wylie City Council Page 4 development on approximately 6.46 acres, located southwest S.H. 78 and Alanis Drive (ZC- 2015-01). A vote was taken and the motion 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 Ordinance No. 2015-14 into the official record. WORK SESSION • Work Session to discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. Mayor Hogue reported Councilman Scott had requested this work session be conducted due to a personal loss in his family caused by smoking. Mayor Hogue mentioned that currently there were only two sit down restaurants in Wylie; one which allowed smoking. If the Council wishes to give direction to reconsider an amendment to the smoking ordinance, this would be the time to do so prior to more restaurants opening in Wylie. Councilman Scott addressed Council stating that he had lost his dad after 40 years of smoking and felt the second hand smoke he received could very well affect his health in the future. He requested Council discussion for not allowing smoking in restaurants that serve food, stating this was not about freedom to smoke but rather freedom to eat in a smoke free environment. Mayor pro tem Stephens stated that he believed businesses should make the choice whether or not to allow smoking. He stated that these were privately owned businesses that should have the right to choose under their freedom of choice. It would be an over reach by government to regulate restaurants. Councilmen Jones, Whitney, Dahl, and Hogue concurred. Councilman Wintters felt regulations should be put in place to regulate smoking in restaurants serving food. Several citizens spoke regarding the issue, some for and some against regulating no smoking in restaurants. No Council direction was given to staff to bring forward an ordinance amending current smoking regulations. Mayor Hogue reconvened into Regular Session. RECONVENE INTO REGULAR SESSION Mayor Hogue recessed into Executive Session at 7:34 p.m. reading the captions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et seq. Texas Government Code, to wit: Minutes March 24, 2015 Wylie City Council Page 5 §§Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion of purchase of real property located near Ballard and Jefferson (J. Butters, Asst. City Manager) • Consider the acquisition of properties by the Wylie Economic Development Corporation located near the intersection of State Highway 78 and Ballard Avenue. (S. Satterwhite, WEDC Director) RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 8:15 p.m. There was no action taken as a result of Executive Sessions. ADJOURNMENT A motion was made by Councilman Jones, seconded by Mayor pro tem Stephens to adjourn the meeting at 8:20 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes March 24, 2015 Wylie City Council Page 6 "4t1F W �* A Wylie City Council AGENDA REPORT ass7Mey, Meeting Date: April 14, 2015 Item Number: B Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: March 25, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a vendor application for the Blackland Prairie Playground Foundation for a 10th Birthday Party fundraiser in Pirate Cove Playground at Founders Park on May 16, 2015. Recommendation Motion to recommend approval of the vendor application from the group representing the Blackland Prairie Playground Foundation for a 10th Birthday Party fundraiser in Pirate Cove Playground at Founders Park on May 16, 2015. Discussion The Blackland Prairie Playground Foundation would like to raise funds to benefit the foundation during their 10th Birthday Party Celebration for the Pirate Cove Playground at Founders Park on May 16, 2015. The Parks and Recreation Board at their Regular Meeting on March 23, 2015 approved the vendor application request. Page 1 of 1 PARKSAND M. E....A.II MAAA.....IN...M'.' .O.k."q I'1 Y� I., WYL 1 300 Country Club Rd, Building 100,Wylie,TX 75098 if Office: 972-516-6340/Fax 972-516-6355 Email: parks@wylietexas.gov I u,l I Ra� uuullullllllNlll iii uu'u,pllluuullll'I -d „,,„ ,,r;r�, muuuuuluururufflfu j, ryuryldwd'udiil6ll l:; llllllllI��llll�d, nhra `rdra „ i ,ddddddryry llllnlll I r „ ll lllllllllllllllllllllllllllllllllllllllllllllllll��IV I �«< � gap! ►l „. d!Il unt eeb y ; a!Iz e i i,ru1L ' „, ; ,d ta uu eco ,, .l l l I % ,I ; mu , 1 ?l , 1 I,u,II -I u ,; r „ llllll illuc , kic ; IM � , [ � �� u Iyss„ e ,att: A� ' . ?! Applicant In film rll ma.ti„sun. Name of Organization/Group: Primary Contact Person's Name: Bl"a""'°"c""k'andPrair1e a roundFoundation YJ Anne Hiney Organization/Group's Phone Number: Primary Contact Person's Phone Number: 972 672 4133 972 672 4133 Organization/Group's Street Address: Primary Contact Person's Street Address: 301 N. Cottonbelt Ave 301 N. Cottonbelt AVe. Organization/Group's City/State/Zip: Primary Contact Person's City/State/Zip: W I'e TX 75098 W Alternate Contact Person's Name/Number: Event nt Infs.rIII'mati.sun. EVENT NAME/TITLE: Prate Cove PIa round 10th B'rthda Celebrat'on Event Type(fundraiser,etc.): Purpose of Event: Fund raiser/Celebrat'on 10 Year Anniversar of Build Event Location: Proposed Event Dates) Pirate Cove Pla round in Founders Park Ma 16 2015 Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): 10AM 1 3 PM Anticipated Event Attendance: Event Target Audience: 100 Famili EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. We will be decoratin9with balloons, ivin awayhot dos, water, cookies under the pavilion, and celebratin9the 10th ear of the la round. Willpossiblybe sellin t-shirts and collectin donations that will be used for the continued maintenance of, and improvements to, the la round. NOTE: If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the Collin County Environmental Services Office in McKinney(972-548-5585 www.collincountvtx.gov)in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine food preparation and storage equipment to assure the health and safety of customers. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobacco,cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.6-20-14 91341- '`p f. Wylie City Council �f AGENDA REPORT ass7M Meeting Date: April 14, 2015 Item Number: C Department: Fire (City Secretary's Use Only) Prepared By: Chief J. Brent Parker Account Code: N/A Date Prepared: April 6, 2015 Budgeted Amount: 0 Exhibits: 1 Subject Consider, and act upon, Resolution No. 2015-09(R) authorizing the City Manager to execute a Termination of Interlocal Cooperation Agreement between the City of Wylie and the Seis Lagos Utility District for Ambulance and Paramedic Services and Mutual Release. Recommendation Motion to approve Resolution No. 2015-09(R) authorizing the City Manager to execute a Termination of Interlocal Cooperation Agreement between the City of Wylie and the Seis Lagos Utility District for Ambulance and Paramedic Services and Mutual Release. Discussion Lucas Fire Department provided Seis Lagos fire, first responder, and ambulance services for many years. In October of 2014, Seis Lagos and Lucas Fire Department were unable to reach a mutual agreement regarding ambulance service. The City of Wylie agreed, through Resolution 2015-05, to approve a temporary Interlocal Cooperation Agreement between Seis Lagos Utility District and the City of Wylie for Ambulance and Paramedic Services. Seis Lagos and the City of Lucas reached an agreement for the City of Lucas to provide services to Seis Lagos. Seis Lagos notified the City of Wylie of the decision but has not yet issued a cancellation letter. A requirement of the new contract between Seis Lagos and the City of Lucas requires cancellation of all other pre-existing contracts. The City of Wylie will submit the attached Termination of Interlocal Cooperation Agreement Between Seis Lagos Utility District and City of Wylie for Ambulance and Paramedic Services and Mutual Release to Seis Lagos as soon as possible with Council's approval. Page 1 of 1 RESOLUTION NO. 2015-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CONSIDER, AND ACT UPON, RESOLUTION NO. 2015-09(R) AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WYLIE AND THE SEIS LAGOS UTILITY DISTRICT FOR AMBULANCE AND PARAMEDIC SERVICES AND MUTUAL RELEASE; GRANTING THE CITY MANAGER AUTHORITY TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME, INCLUDING, BUT NOT LIMITED TO, MAKING ANY NECESSARY REVISIONS TO THE TERMINATION OF INTERLOCAL AGREEMENT THAT THE CITY MANAGER DEEMS APPROPRIATE AND IN THE BEST INTEREST OF THE CITY FOR A TERM OF THIS AGREEMENT, AS SOLELY DETERMINED BY THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("City") and its citizens to approve the Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District for Ambulance and Paramedic Services and Mutual Release, and to authorize the City Manager to execute the same on behalf of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE WYLIE CITY: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Authority of City Manager to Execute/Make Revisions to Agreement. The City Manager is hereby authorized to execute the Agreement on behalf of the City Council and to take any and all other actions necessary to effectuate the same, including, but not limited to, making any necessary revisions to the Agreement that the City Manager deems appropriate and in the best interest of the City, as solely determined by the City Manager. The form of the Agreement is attached hereto as Exhibit "A" and incorporated herein for all purposes. Should the final executed version of the Agreement be revised from the attached Exhibit "A", such form of said Agreement shall replace Exhibit"A" of this Resolution for all purposes SECTION 3: Effective Date. This Resolution is effective immediately on its passage. Resolution No.2015-09(R)—Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District For Ambulance and Paramedic Services Page 1 of 6 RESOLVED this the 14th day of April, 2015. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2015-09(R)—Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District For Ambulance and Paramedic Services Page 2 of 6 Exhibit A STATE OF TEXAS § § COUNTY OF COLLIN § TERMINATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN SEIS LAGOS UTILITY DISTRICT AND CITY OF WYLIE FOR AMBULANCE AND PARAMEDIC SERVICES AND MUTUAL RELEASE This Termination of Interlocal Cooperation Agreement and Mutual Release ("Termination Agreement") is made by and between the Seis Lagos Utility District, a Texas municipal utility district ("Seis Lagos"), and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Seis Lagos and Wylie are sometimes referred to collectively as the "parties" or individually as a"party." RECITALS: WHEREAS, Seis Lagos and Wylie entered into that certain Interlocal Cooperation Agreement dated , 2015 ("Interlocal Agreement") concerning, among other things, the provision of ambulance and paramedic services by Wylie for the benefit of Seis Lagos; and WHEREAS, although the parties have adequately performed their respective obligations under the Interlocal Agreement, they now desire to terminate the Interlocal Agreement and release each other from each and every obligation under the Interlocal Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Termination of the Interlocal Agreement and Outstanding Obligations. Effective as of the date of this Termination Agreement, (a) the Interlocal Agreement is hereby terminated and Seis Lagos and Wylie for themselves and their respective successors and assigns acknowledge and agree that all outstanding obligations, if any, under the Interlocal Agreement are hereby released and shall be of no further force or effect, (b) that each party hereby releases the other party and their respective successors and assigns from any further performance or obligations, if any, that might have been required under the Interlocal Agreement, and (c) no further payments or reimbursements of funds already paid under the Interlocal Agreement are due or owed from either party. 2. Mutual General Release. Effective as of the date of this Termination Agreement, Seis Lagos and Wylie, and their respective successors, assigns, heirs, affiliates, agents, servants, directors, officers, employees, and representatives, and each of them, fully and forever release and discharge each other, and their respective successors, assigns, heirs, affiliates, agents, servants, directors, officers, employees, and representatives (collectively, "Releasees" in their capacities as released parties hereunder), and each of them, and all other persons acting for, Resolution No.2015-09(R)—Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District For Ambulance and Paramedic Services Page 3 of 6 under or in concert with Releasees, past or present, of or from any and all claims, demands, actions, causes of actions, suits, lawsuits, debts, liens, contracts, agreements, promises, obligations, damages, liabilities, losses, costs or expenses, including attorneys' fees, past or present, ascertained or unascertained, whether or not known, suspected or claimed to exist or which can hereinafter ever arise out of or result from or in connection with any act, omission, failure to act, breach or conduct suffered to be done or omitted to be done by Releasees, relating to any claims or issues arising from, in connection with, or surrounding the Interlocal Agreement. 3. Reservation of the Right to Enforce This Termination Agreement. It is understood and agreed by the parties hereto that the agreements and releases described in Sections 1 and 2 above do not waive nor include in any way the parties' rights and ability to enforce against each other the terms and covenants contained in this Termination Agreement. 4. Authority. Each individual executing this Termination Agreement hereby represents and warrants to each person so signing (and to each other entity for which another person may be signing) that he or she has been duly authorized to execute and deliver this Termination Agreement in the capacity of the person or entity set forth for which he or she signs. 5. Sufficient Basis for Termination Agreement. The consideration stated herein is contractual and not a mere recital. The parties hereto execute and deliver this Termination Agreement after being fully informed of its terms, content, and effect. The parties executing this Termination Agreement are not relying upon any representation from any attorney, agent or representative of any other party. The parties are fully informed and have consented to this Termination Agreement based on their own opinion and the advice of their respective representatives. 6. Binding Effect. This Termination Agreement shall be binding on and inure to the benefit of the parties hereto and their heirs,personal representatives, successors, and assigns. 7. Entire Agreement. This Termination Agreement represents the entire and integrated agreement between the parties with respect to the matters contained herein and supersedes all prior negotiations, representations and/or agreements regarding these matters, either written or oral. This Termination Agreement may be amended only by the mutual written agreement of the parties. 8. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Termination Agreement, without regard to conflict of law principles. This Termination Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Termination Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 9. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Termination Agreement are true and correct and are hereby incorporated into the body of this Termination Agreement and adopted as findings of Wylie and Seis Lagos. Resolution No.2015-09(R)—Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District For Ambulance and Paramedic Services Page 4 of 6 10. Miscellaneous Drafting Provisions. This Termination Agreement shall be deemed drafted equally by the parties. The language of all parts of this Termination Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language is to be construed against either party shall not apply. Headings in this Termination Agreement are for the convenience of the parties and are not intended to be used in construing this document. 11. Multiple Counterparts. This Termination Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. EXECUTED this day of , 2015. City of Wylie, Texas, a Texas home-rule municipality By: Mindy Manson, City Manager ATTEST: Carole Ehrlich, City Secretary EXECUTED this day of , 2015. Seis Lagos Utility District, a Texas municipal utility district By: Rolando Ramon, President Resolution No.2015-09(R)—Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District For Ambulance and Paramedic Services Page 5 of 6 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she is the City Manager and duly authorized representative for the City of Wylie, Texas and that she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2015. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Rolando Ramon, known to me to be one of the persons whose names are subscribed to the foregoing instrument; that he acknowledged to me that he is the President and duly authorized representative for the Seis Lagos Utility District and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2015. Notary Public in and for the State of Texas My Commission Expires: Resolution No.2015-09(R)—Termination of Interlocal Cooperation Agreement Between the City of Wylie and the Seis Lagos Utility District For Ambulance and Paramedic Services Page 6 of 6 STATE OF TEXAS § § COUNTY OF COLLIN § TERMINATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN SEIS LAGOS UTILITY DISTRICT AND CITY OF WYLIE FOR AMBULANCE AND PARAMEDIC SERVICES AND MUTUAL RELEASE This Termination of Interlocal Cooperation Agreement and Mutual Release ("Termination Agreement") is made by and between the Seis Lagos Utility District, a Texas municipal utility district ("Seis Lagos"), and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Seis Lagos and Wylie are sometimes referred to collectively as the "parties" or individually as a"party." RECITALS: WHEREAS, Seis Lagos and Wylie entered into that certain Interlocal Cooperation Agreement dated , 2015 ("Interlocal Agreement") concerning, among other things, the provision of ambulance and paramedic services by Wylie for the benefit of Seis Lagos; and WHEREAS, although the parties have adequately performed their respective obligations under the Interlocal Agreement, they now desire to terminate the Interlocal Agreement and release each other from each and every obligation under the Interlocal Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Termination of the Interlocal Agreement and Outstanding Obligations. Effective as of the date of this Termination Agreement, (a) the Interlocal Agreement is hereby terminated and Seis Lagos and Wylie for themselves and their respective successors and assigns acknowledge and agree that all outstanding obligations, if any, under the Interlocal Agreement are hereby released and shall be of no further force or effect, (b) that each party hereby releases the other party and their respective successors and assigns from any further performance or obligations, if any, that might have been required under the Interlocal Agreement, and (c) no further payments or reimbursements of funds already paid under the Interlocal Agreement are due or owed from either party. 2. Mutual General Release. Effective as of the date of this Termination Agreement, Seis Lagos and Wylie, and their respective successors, assigns, heirs, affiliates, agents, servants, directors, officers, employees, and representatives, and each of them, fully and forever release and discharge each other, and their respective successors, assigns, heirs, affiliates, agents, servants, directors, officers, employees, and representatives (collectively, "Releasees" in their capacities as released parties hereunder), and each of them, and all other persons acting for, under or in concert with Releasees, past or present, of or from any and all claims, demands, actions, causes of actions, suits, lawsuits, debts, liens, contracts, agreements, promises, obligations, damages, liabilities, losses, costs or expenses, including attorneys' fees, past or Termination of Interlocal Cooperation Agreement and Mutual Release Page 1 of 4 668131 present, ascertained or unascertained, whether or not known, suspected or claimed to exist or which can hereinafter ever arise out of or result from or in connection with any act, omission, failure to act, breach or conduct suffered to be done or omitted to be done by Releasees, relating to any claims or issues arising from, in connection with, or surrounding the Interlocal Agreement. 3. Reservation of the Right to Enforce This Termination Agreement. It is understood and agreed by the parties hereto that the agreements and releases described in Sections 1 and 2 above do not waive nor include in any way the parties' rights and ability to enforce against each other the terms and covenants contained in this Termination Agreement. 4. Authority. Each individual executing this Termination Agreement hereby represents and warrants to each person so signing (and to each other entity for which another person may be signing) that he or she has been duly authorized to execute and deliver this Termination Agreement in the capacity of the person or entity set forth for which he or she signs. 5. Sufficient Basis for Termination Agreement. The consideration stated herein is contractual and not a mere recital. The parties hereto execute and deliver this Termination Agreement after being fully informed of its terms, content, and effect. The parties executing this Termination Agreement are not relying upon any representation from any attorney, agent or representative of any other party. The parties are fully informed and have consented to this Termination Agreement based on their own opinion and the advice of their respective representatives. 6. Binding Effect. This Termination Agreement shall be binding on and inure to the benefit of the parties hereto and their heirs,personal representatives, successors, and assigns. 7. Entire Agreement. This Termination Agreement represents the entire and integrated agreement between the parties with respect to the matters contained herein and supersedes all prior negotiations, representations and/or agreements regarding these matters, either written or oral. This Termination Agreement may be amended only by the mutual written agreement of the parties. 8. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Termination Agreement, without regard to conflict of law principles. This Termination Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Termination Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 9. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Termination Agreement are true and correct and are hereby incorporated into the body of this Termination Agreement and adopted as findings of Wylie and Seis Lagos. 10. Miscellaneous Drafting Provisions. This Termination Agreement shall be deemed drafted equally by the parties. The language of all parts of this Termination Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that Termination of Interlocal Cooperation Agreement and Mutual Release Page 2 of 4 668131 the language is to be construed against either party shall not apply. Headings in this Termination Agreement are for the convenience of the parties and are not intended to be used in construing this document. 11. Multiple Counterparts. This Termination Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. EXECUTED this day of , 2015. City of Wylie, Texas, a Texas home-rule municipality By: Mindy Manson, City Manager ATTEST: Carole Ehrlich, City Secretary EXECUTED this day of , 2015. Seis Lagos Utility District, a Texas municipal utility district By: Rolando Ramon, President Termination of Interlocal Cooperation Agreement and Mutual Release Page 3 of 4 668131 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she is the City Manager and duly authorized representative for the City of Wylie, Texas and that she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2015. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Rolando Ramon, known to me to be one of the persons whose names are subscribed to the foregoing instrument; that he acknowledged to me that he is the President and duly authorized representative for the Seis Lagos Utility District and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2015. Notary Public in and for the State of Texas My Commission Expires: Termination of Interlocal Cooperation Agreement and Mutual Release Page 4 of 4 668131 :: �� W :� ,M : Wylie City Council O ` � � AGENDA REPORT Meeting Date: April 14, 2015 Item Number: D Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: April 6, 2015 Budgeted Amount: N/A Exhibits: Ordinance Subject Consider and act upon, Ordinance No. 2015-15 creating a construction work zone for traffic and temporarily reducing the rate of speed on State Highway 78 from Spring Creek Parkway to State Highway 205. Recommendation Motion to approve Ordinance No. 2015-15 creating a construction work zone for traffic and temporarily reducing the rate of speed on State Highway 78 from Spring Creek Parkway to State Highway 205. Discussion The State Highway 78 construction from Spring Creek Parkway to State Highway 205 is scheduled to be completed in the fall of 2016. The current speed limit on this portion of SH 78 is 60 mph. Due to the tight working conditions and lack of a shoulder, staff sent a request to TxDOT to lower the speed limit during construction. TxDOT has approved a reduction to 50 mph through the construction zone as indicated in the attached letter. Approval of the ordinance will establish the new speed limit until the reconstruction is complete. TxDOT will be responsible for installing the appropriate signage. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2015-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON STATE HIGHWAY 78 FROM SPRING CREEK PARKWAY TO STATE HIGHWAY 205, IN THE CITY LIMITS OF THE CITY OF WYLIE; DEFINING THE SPEED LIMIT, REQUIRING THE PLACEMENT OF SIGNS; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that construction is being undertaken on or near State Highway 78 from the intersections of Spring Creek Parkway to State Highway 205, herein defined, and that in order to protect the traveling public and the workers during the construction of State Highway 78, it is necessary to reduce the maximum permitted speed limit during such construction period, and that the increased penalties provided by State Law for the violation of such limits should be imposed to more effectively enforce such limits; and WHEREAS, the City Council has further investigated into and determined that the speed limit to be effective in such construction zone is that determined and requested by the Texas Department of Transportation. 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. Creation of Zone. A construction work zone is hereby established in accordance with Section 472.022 of the Transportation Code of the State of Texas for all lanes of traffic along each of the following locations: (A) On State Highway 78 from its intersection with Spring Creek Parkway to its intersection with State Highway 205. SECTION 3. Establishment of Speed Limit. For the above-described zones the prima facie maximum speed limit of 50 miles per hour is hereby established. SECTION 4. Duration of Construction Zone. Such speed limits will be effective for a period of two (2) years or until the signs which are to be erected pursuant to Section 5 below are removed by the City of Wylie, whichever is sooner. Thereafter, the speed limit in the said construction zones will revert to a speed limit of 60 miles per hour. Ordinance No.2015-15 Construction Work Zone Ordinance Page 1 556734.v1 SECTION 5. Requirement of Signs. The City of Wylie or its designee is hereby directed to erect signs marking the above-described construction zones to indicate that the area is a construction work zone, to indicate where the zone begins and ends, and which state "fines double when workers present." SECTION 6. 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). The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin a violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as required by law and the Charter of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 14th day of April, 2015. Eric Hogue, Mayor ATTESTED TO AND AS TO FORM: Carole Ehrlich, City Secretary Date of Publication:April 22, 2015, The Wylie News Ordinance No.2015-15 Construction Work Zone Ordinance Page 2 556734.v1 a Dallas County Area Office 4777 E.US Hwy 80,Mesquite,TX 75150-6643,214-320-6240 January 16, 2015 CSJ: 0281-02-039 Project: C281-2-39 Highway: SH 78 County: Collin Mr. Chris Halsted, P.E., CFM City Engineer City of Wylie 300 Country CIub Road Wylie, TX 75098 Subject: Construction Speed Zone for SH 78 Dear Mr. Hoisted, This letter is being sent to provide an update concerning the construction speed reduction request for the project. The request has been reviewed by officials in Austin and it has been determined that the speed limit can be lowered to 50 miles per hour through the construction zone. We are requesting that the City of Wylie issue a temporary ordinance reducing the speed limit to 50 miles per hour along SH 78 from Spring Creek Parkway to SH 205. If there are any additional questions, feel free to contact me here at the office. Sincerely, Noel Paramanantham, P.E. Area Engineer Dallas County Area Office :NP/jm Cc: Project File MAINTAIN A SAFE SYSTEM ADD ESS CONGESTION e CONNECT TEXAS COMMUNITIES BEST IN CLASS STATE AGIENCY An Equal 0 portunity Employer .� '- ,:, Wylie City Council ' Ate' AGENDA REPORT a- Meeting Date: April 14, 2015 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: April 8, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for C & F Copeville Addition. The Plat will create three residential lots on 3.515 acres. Subject property generally located in the City of Wylie ETJ on the west side of SH78 and north of FM 549. Recommendation Motion to approve a Final Plat for C & F Copeville Addition. The Plat will create three residential lots on 3.515 acres. Subject property generally located in the City of Wylie ETJ on the west side of SH78 and north of FM 549. Discussion Owner: C&F Investments The purpose of the Final Plat is to record a legal lot of record and establish boundary lines for the subject property. The subject tract was originally a part of the Drury Anglin Surveys and is located within the City of Wylie's ETJ on State Highway 78 approximately 5.25 miles NNE of Lavon near FM 549. The subject area was recently made a part of the City's ETJ with the 2011 boundary agreement between Wylie, Lavon,Nevada, Rockwall& Garland. The owner of the subject tract is now platting three lots and will file with Collin County in accordance with codes and ordinances in place. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning& Zoning Commission Discussion: The Commission voted 5-0 to recommend approval subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 OWNER'S DEDICATION: LEGAL DESCRIPTION: -RAC, STATE OF TEMPS § N TH Dacuxlw DR ceT 009T NOW.THEREFORE.NKNOW ALL MEN By THESE PRESENTS: described detl as follows: Deed Records Con County.Texas and g ore pan cu y POINT OF TRnT caF C&F TMENTs does nereoy adopt aez gnat fig the here nadove dsscrned REC NN NG of a 1/z'nrn', BEGINNING property as mPEV LLF ADDTON an Aae't9pnp dto cp'n county.Te=as and udn nereus corner ol said Tract 2; tovE t338 R��.. wtnees my nano n Ca n County le.,toe doy at ems. THENCE South a6 d 4 v wc1n4 a -T1 ou degrees e minutes tO sec common north n fie o rod Trout 2 and s set in the west Lin sad Trap, a reel too right-of-way, the ne of State Highway No.78.a variable width 90 N 493.89' o Larry M te. President ncsro THENCE Soal tn�M 1n saeowesl nee the ro ono g OSree said cocoon fie.a dstance LOT 1 south 18 degrees 21 minutes 43 seconds Westeavng of 288.T8 tees to 0 1/2'nm'ton roe found mr corner 51,023 SO, FT, ^1.172 ACRES STATE OF TEAS § _ a1n,aa,ae moue m,South 14 degrees 01 minutes 49 seconds r st sss reef to a 1/2 . Soul,03 degree9 47 minutes,seconds West,a drstanoe of 218.71 feel to a OCATI SCALP 104 49 couNTv OF cDLLN § m me toot a e e seated me same of cave,e west Raad, od e wdt g a v st ae wu me east 1/2 for me purpose and considerations therein expressed. nei=n m said eost line.o distance of 0.77 feet to a 1/2 inch iron rod set for the most ,3• dsma�es r. un the weer Ime of sad Traa e.the mlla g e 1s7 roarses dad NOTARY PUBLIC�n and for me State or Texas eaoD feet to e6men roa rod set far rome,. "fig said east hoe,o distance or Edegrees -- q 102,60 o y mm'e5'°a�p reS inc., =eroads East.a detaare of,oleo feet to a 1/z LOT 2 SURVEYOR'S CERTIFICATE: �n non tad set for corner; seconds East.a distance of 104.49 teat to a 1/2 51,033 SO. FT. STATE OF TEMAS § coat nae tad set romer. GRAPHIC SCALE 1.172 ACRES COUNTY OF DALLAS § seconds East,a arstanao or 93.89 rest to 0 1/2 9D.DD _ placed under my personal super,SIOn. the monament�os snow.,nereoa,.e,e mane or prop v BECINNINe ono rontn e s1s aces or Iona more or Ices e.3e rest tD tnc POINT of 60 `t °°°"`" 00 DP 93"� PRELIMINARY, THIS DOCUMENT SHALL NOT BE LEGEND RECORDED FOR ANY PURPOSE AND SHALL /2'IRON ROD FOUND(UNLESS OTHERWISE NOTED) se NOT BE USED OR VIEWED OR RELIED UPON 2'IRON ROD SET(UNLESS OTHERWISE NOTED) AS A FINAL SURVEY DOCUMENT. SurveyorD.R.C.C.T. DEED RECORDS,COLLIN COUNTY,TEXAS ,T, P, Registered Professional Lond M.R.ccT. MAP RECORDS.wuw COUNTY,TEXAS - LOT 3 z state of Texas No.6385 NOTES: 51,033 SO. FT. r~ 1,172 ACRES A 6 STATE OF TEXAS § 1,ends OF BEARINGS DERIVED FROM THE DEED To c F INVESTMENTS, s m COUNTY OF DPLLPS § AS RECORDED IN DOCUMENT NO. 20110902000937760, DEED RECORDS 2 2 COLLIN COUNTY,TEXAS. oocuuery IZRcc T. m1Dsi To ''I-.8 day personal,aPPeared Ryon S.Re,olds,known to nee to be county h 2, ALL LOT CORNERS MONUMENTED WITH A 1/2"IRON ROD SET UNLESS r" ror the purpose usd eossderutoss thereat e.pre�ea, to me toot person e.esuted the same OTHERWISE NOTED. 3.PER FIRM PANEL 43113.240 J.DATED AUGUST 23,2001,NO 100-YR wren under my nand and seal of office finis y of FLOODPLAIN EXISTS ON THE PROPERTY, 4, SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. S. o RECOMMENDED FOR APPROVAL: APPROVED FOR CONSTRUCTION: FINAL PLAT m A Oe °°'e C&F COPEVILLE ADDITION ACCEPTED: LOTS 1-3,BLOCK 3 SINGLE-FAMILY LOTS „ BEING A 3.515 ACRE TRACT OF LAND SITUATED IN THE rilasop Crty ofWNTe,Texas Date DRURY ANGLIN SURVEY,ABSTRACT NO.3 CC W N COUNTY,TEXAS sae dry'the Gty of WNte.Te.a ,sos or udadL o SEPTEMBER 2014 2015.Ond tne Council.Py fOrrn[11 aclron.tnen and 1,ere accepted tne dedication ar streets, alleys,pars,easements.PUbliC P.CPS.and water and sewer lines as shown and set forth in and Witness my hand t„enereaaeo�easadsaned D 201 SHEET 1 OF 1 OWNER SURVEYOR'. C&F INVESTMENTS RYAN S.REYNOLDS 703 N.GREENVIUE,SUITE 100 7524 COURTNEY CIRCLE v v Teas ALLEN,TEXAS 75002 SACHS6 TEXAS75048 972-727-8501 972-7541509 11'�` f,�• Wylie City Council 11 a ' AGENDA REPORT _______! Meeting Date: April 14, 2015 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: April 8, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Geckler Addition. The Plat will create a single residential lot on 14.274 acres. Subject property generally located in the City of Wylie ETJ on the east side of FM544 and north of Alanis Drive. Recommendation Motion to approve a Final Plat for Geckler Addition. The Plat will create a single residential lot on 14.274 acres. Subject property generally located in the City of Wylie ETJ on the east side of FM544 and south of Alanis Drive. Discussion Owner: Robert and Karen Geckler The purpose of the Final Plat is to record a legal lot of record and establish boundary lines for the subject property. The subject tract was originally a part of the A. West and JD Shelby Surveys and is located within the City of Wylie's ETJ. The owner of the subject tract is now platting one lot and will file with Collin County in accordance with codes and ordinances in place. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning& Zoning Commission Discussion: The Commission voted 5-0 to recommend approval subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 r �� Z OWNERS CERTIFICATE NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS. ATE OF TEMAt`N, ,net Robert n h=duly authorized officers. COUN,OF WHEREAS ROBERT Wdoes hereby adopt this plat designating the herein above described property as . rid D ,DD zDD _--- --- RKET ROAD N0. 544 -- -- 'We ore ® ---- SCALE -- .N Baaao.. FARM TO MA wio R.o.w- _ .--1.------_____--- West Survey. Na Abstract Na also be used,the mutual use ond accommodation of all public utilities - — tract of to Robert w of a TH N�,nner la.to men for me public use forever.for the purposes Indicated on this plat. w FEE VARIABLE ----- snr�ns o ——_—— Texas Pne being more Pa as ra PwY. _ 7 N 06°62'16"N / eEC NN Nc of o 3/B'am' `sµro' —_ landscape the City Council of the City of 134.69 — Wylie. easterly Ionn described corner m sae G<ct eF tract, iracl or one aescr bed n me deed torecordedn rime,o,ne a , tna Stiles Living g trust county eerks No 9g O,o2zea or so a De<e Resoras rro N .sra or N 34°45'52"E round 31 thereof, P en l for northwest c trod,bears North a dears 06 Wylie, LEGEND /-13860 minutes secondsWest. e a THENCE soutP m degree as To,6 �y j E„e sod c r • chain link fence.a distance of D.Rcc,. I/ WEST SURVEY j stamped8 inch iron rod with cop ... nand tar the scam 41 feet to a / oecker,rac, "< a. e sements for the purpose of constructing,reconstructing.inspecting, THENCE South 89 degrees 16 minutes 22 seconds West,deporting the east line patrolling.mointaiMng.reading d adding or removing or 3 `eRumb<, TwYCowl, ,� Lg R i/ ABSTRACT N0. 979 n' of said GesSler tne west line of sord Stiles Trust tract ond P rms,aa Parts of rem ma wthoat me nece v v me procuring i �I grit a y ne also lying on me southwest other a said L finances g ,anP and s„n„w°,w,ma Pwe Dec.<r resolutions a heCity a Wye Texas. , . THENCE North 04 degrees 52 minutes 14 seconds West.along the west line of " i 1 sclid Oeckler lract ond the east line of said F.M.544.a distance of 124.69 e, — � feet to a / WITNESS. v .this the v .nos the nd Page P sad Deed e some most nester northwest % ".`.°,. earner a,said Neer tract e g vorded.Volume / CI'I °lit Robert W.eeaRler 8 is J.D. SHELBY SURVEY 'IP .""`° rn% A are0e0'et mo`PsTH°rimmnFod,oundofoa g Pan,n TEXAS COUNTY OF ABSTRACT NO. 819 STATE�_ d t § ,nedw. e state or mom_ s°n, "m" w�00 stomped ne.a steno ,Dana for Corner an rod w n Cap a Ceckler.Owner. s Pane�s;';e T - w comma - corner: t P9a lenown to me to be tne erson wnose name Is subscrlbed to tEe egolng s b FENCE ss, 4< ° d,ne stems tar,ne as>•s. m.er --------- -- THENCE est minutes stn se - N p so, easterly Ilne of sold Fuller tract . Given my nand and sea or office.the—day a , 5 2015. , , A'''',2, !,..je...'er.clEcR-IFe sord Fuller tract or,.s.soul,corner of a tract 01 lond clescrbed in-1Se deed 3'E to Mellso ond Marv,Fuller Jr recorded In Volume 439,Page 1567 of sold 6�9 r r r r r No unlK m and Tor the S,me or Teas OLET BLOCK A EBBg Cie, a woad eaCe Pas, acad Pr comer, LOT 1, , ' LASS TRAILS OF : I Bost.,FARM ADDITION THENCE North 20 degrees 14 minutes 49 seconds East.along the east line of 14.274 ACRES sn elost mentioned Fuller troct and the west line of said Geckler tract generally rence a....once o,,e0 s,reel m P wood,en<P coat v mm E.w rest Da. reoe Ns. ,erso Ere III ,Kona for came, THENCE Nortn 19 degrees 20 mlnutes 43 seconds East.along 1ne eas1 Irne of o.P.H.c.T.. I RECOMMENDED FOR nPPRovAL , , ,',',1:'-- the south line of a 30 toot right-of-way dedication a rding to Lake Trails at ` ' Dozmon Form Addition.on addition to the City recorded m Collin County clerk number nook-00,o ere`°Inn County. e.�s w Zoning Commission Date T THENCE Nor,n eg outn City of Wylie,Texas S 00°3754"E-927,53 degrees 2 a I � aoreosComeroso <:erro APPROVED FOR CONSTRUCTION ' THENCE South 00 degrees 37 minutes 54 seconds East,along the east line of 1 yo y of Wylie.Texas Date 0 ORC,. LVa.G'5I 11,,,:. sold Deed Records D « ', At ` 'fondcorne n innerAg e ePmbwe o anCie D °h !----— --——J g„ti Livrng Trust tract: Mayor.City or WNie.Texas Date N n mempn" 4 c r rand a`O' III mmad PONTato s°c r zle ag reel Ea°uN N o m a aP B,Ts.sa�are°re nce ,r,,r et The undersigned.me City S --- ----S 01°0E40'E ,/, e ,a zTe acees ar dad. ,r ore 'a Secretory of oti eK Texas. o ne y gg pp c E0141 p Q B SET or Wylie was submitted to the CityCouncil on the ER DD day of n * and there accepted the dedication of o •1'= KNOW ALL MEN BY THESE PRESENTS alley,and set forth in and �/ sc RceT III o.ecT. III !Pi the NOT o se CT/ o'". . Ir accegmnce thereofr signing s name as herenabove subscribed. AL 'I, pne; pan�n accordance w�tn me sana�ws�an ordinance of me v Witness a to A D zm s E monuments shown thereon as set were properly Placed under my Personal supervision Dt Pr ness v an is y ... \ CIMI9q a�°�o ,III Nos, g auan Na.sa3o criv or wvlre,yTexae 1 THE SO.SANiTARY SEWER EASEMENT sHom "``n"T°bE�ERM1NE THETed` LOCATION. STA1E OF TEXAS COUNTY OF M N g FINAL PLAT .2.THE SURVEYOR HAS KASE NO INVESTIGATION OR INDEPENDENP SEARCH FCR EASEMENPS, Texas.on this day personally appeared Brian Maddox.Land Surveyor. WEELIS HHEN„TILEo me GECKLER ADDITION BASIS or BEARIN3.SELL1NC A PORTION OF THIS POSS.ev Mnv DlsctasE ourPose and considerations der y nand Pnd seal therein orrice,sets-he ecuted the some or the LOT I,BLOCK\ Grven rExns BASIS P�nivE�ivoaTH THIS SURVEY zoNE.cEooencMETES AND BOUNDS °i4 R015' BEING 14.274 ACRES SITUATED IN THE A oar WEST SURVEY, ABSTRACT NO, 979 SITE AND TIED To THE O,In,IEy two BblLowo PEreNs Notary Public In and tor me rime of Texas J.D. SHELBY SURVEY, ABSTRACT NO, 819 0 .0„, m FLOOD sCITY OF�nrEMEYLIE rvs BENCHMARKS mHEa sEwo EooAao ss.4374UNt SS y Commission Expires rest on. COLLIN COUNTY, TEXAS -CPR,. �n DATEDJUNE 2,2009 OF THE NATIONAL FLOOD Sln\GM) we OWNER: INSURANCE RATE MAP PREPARED BY THE FEDERAL / nh / r0 SHALL NOTCREATE LIABILITY MANAGEMENT EMERGENCY AND IS IN A FLOOD PLAIN THIS SPAPEMENT SHALL NOP CREATE u AONATHEHLET THIS PROPER,IS LOCATED IN ZONE xSURVEYORIS FLOD SOATEMENT LIABILnr ON THE PART of THE SURVEYOR. S'A� 'W / «W, I VOLUME OR CABINET .,rrf.F OR FUDF. I l ! �� • Wylie City Council f AGENDA REPORT a ______.) Meeting Date: April 14, 2015 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: April 8, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Creekside Estates Phase VIII. The Plat will create 65 residential lots on 20.551 acres. Subject property generally located northeast of Nancy Drive and Martha Drive. Recommendation Motion to approve a Final Plat for Creekside Estates Phase VIII. The Plat will create 65 residential lots on 20.551 acres. Subject property generally located northeast of Nancy Drive and Martha Drive. Discussion Owner: Creekside Development,Inc. The purpose of the Final Plat is to record a legal lot of record and establish boundary lines for the subject property. The subject tract was originally a part of the Creekside Estates planned development approved in October 1999. The owner of the subject tract is now platting 65 lots and will file with Collin County in accordance with codes and ordinances in place. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning & Zoning Commission Discussion: The Commission voted 6-0 to recommend approval subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 1uoc..i 62226 OA 1. 200 - - N. o- 1 dT,aLHn CREEKSIDE DEVELOPMENT,INC. 209.3686 ACRE TRACT °u. \ DOC.NO.20121261001666860 LOCATION MAP a--15 e84 "san - na 0 NB8°44'46 E 1518.84' - °" p II p-17°39'59" - R-300.001' _ -nit/ O 5 J 6 - 6 4 3 2 1 �l T-46.62' \ J� ,L 19 ,e" „n -- 'k,w g _ - "x--_ _ ._-_. _ _--_ z l� L-§2.Sdr _ _ ___ °_,.., <I ., - I,„. a "sze as C-605E45 }/ >' 7, 15 10 ria JESSICA DRIVE -"3 -B 5 97 W___._____ LOT 14 at6 a ,nil SOSr4 ' "TT �Ie STREET A t, sew '17 6 - eL. 1 I I _. - --_ - r.��I- n : s POINT OF BEGINNING` a n s 18 1 14 1 u 10 14 " /8,y reo i e ry O ° ; m -1 I 9 11 12 Cg 13 ® I CREEKSIDE ESTATES-PHASE VII \ _ \ l tabs 1 m c W 20 - J m 7/67 KI eo p 05490050' OOC NO 2015-45 /\^ me I 6-, 13a 12 1_yi 1 I� T $Eab2,FM1-_ � 1 B I 8 O L-190.11' - -__ 3-8 ,. A"$ 19 9�� o t J _ '.- xu. w"w so N�s I a / I J .. '5 C-1604.13 sl 21 t'- " 6 ! ' B7504°13'21"W 8a V $ ',,/ $ 15 14" Jj7 _ _ IND/ DRIVE•r ~ EASEMENT DETAIL 6 ',Titan . m •,-.4 / / 22 6, _ __ - la 525.0039 __ 52 2 _1 1_ 8 7 . Bk 501°11'15"E I g° 'egg az , -- • I GREENS DE ESTATES PN E VI s, oi' 1 I ,L -,6 1 ao 5 z __ DOC,NO 2d13-40 2 I L, ,0 2 I i T I 4 /:., 2 __-- m C3 °� 2s 3 l t2 - -_, " 121.909w.W. _ -L1-,11°Z0'11"I a 2n . =21 2707" I_A'I sa ..�.°,.F, .._._ _ R=3/00:00'_�_- I 23 2 Ri. _R-52$.00' O um! ! 44885''13 T T=565.74' '•- ;.. e. l Ih T-99�.94' T a olr ss T=720°45- , ! 1 Lr 55 5 00' i __ -r1:�-4-17,'L.TB' MAR --,_-: 21 sa ., "' -�-,�L=1 6.66"_-,-. I a< p p 1625.0 1'8"'1 R r , R 205 90 L' i B=NB 4' - RHA DRIVE --_ v 17 B= 89.7 B=N8 54 Oq'"W - t / !'__ B 50°02'00"W L=,40 96 Ct B9'71 CREEFSIOE ESTATES PHN,SE VI - y " B=I 61 96 'u'- pOC.N0.20t3 40� - to 2 -- p Ol9°23'29"- I� p=Od°47 29" ew w� R- 25.00' 9 i r R-5 85.007 T=45.54' 7.19'I r ^31.07' --_ E5! 04 S29 03 8=/N74°60- AA 1 TOTAL LOTS 65 TOTAL ACRES 20,551 FINAL PLAT OF NOTES CREEKSIDE ESTATES 1.BeOrings are referenced 0.a 209.3886 oc0DOtrOct of land.as LINE TABLE PHASE A S E V I I I described in Clerks Ele N0.2012123100166686,in Ibe Oeetl CURVE TABLE OUT OF Records of Collin County,Texas, LINE NO. BEARING DISTANCE 2.Pll lot lines are rotlia ar perDendicular to Me 1. 15°3]'22"W 57.74' CURVE NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING L.M.MARSHALL SURVEY,ABSTRACT NO.594 street unless otherwlise noted by bearing. 2. 66°20'22"W T Tq' IN THE 3.�/"iron rods with"CORWIN ENGR.INC."cape set at all 3• 37°52'15"W 12 94' 1. 00°07'40" 51365.00' 13,09' 6.54' 13.10' N74°1217"W boundary corners,block cornersFLINC.s of curvature, 4. 7227'10"W 50.02 2. 00°12'29" 5815.00' 21.09' 10.55' 21.09' S74°15'53"E CITY OF WYLIE point, f corners.block angle points In public curvature, way 5. 43°43'26"W 14.14' 3. 00°14'01' 575.00' 2.51' 1.17' 2.34' N12°25'49"E COLLIN COUNTY,TEXAS nless otherwise noted. 6. 46.16'34"W 15.14' 4. 12°23'15' 600.00' 129.72' 65.11' 129.47' NI244'27"E OWNER 7. 35°35'1 e"W 24.99' 5. 0,28'22" 5700.0' 146.53' 73.22 146.52' 596°33'010"E 4.B.L.-Building Line 8, 42°36'52"E 15.15' 6. BA'26°I313'58' 475.00' 217.48' 110.68' 215.58' N11`49'062 CREEKSIDE DEVELOPMENT,INC, U.E,-UtilityEasement 9. 43.10'47'E 31.47' e]50 N.CENTRAL EXPRESSWAY,SUITE 1735 .E.-Drainage Easement, 10. 53°29'21"E 14.12 8. 102°19'05' 50.00' 89.22 62.08' 77.88' 532.51'04"E 0 LAS TEXAS]5 1 S.S.E.-Sanitary Sewer Easement 11. 36.13'05"E 14.18' 9, 02°,9'29" 5841.00' 287.96' 144.01. 287.93' 232°46'32E �21S,TEX S 7 23 C,M,-Controlling Monument 12. 71°24'12"E 21.61' 10. 06°59'45" 5841.00' 713.18' 357.03' 712.73' Si]°52'00"E G-Street Change 13. 46.41'27"W 15.31' 11. 03°e1'38" 5997. 86.63' 193.38' 386.56' 577°51'10"E PREPARED BY 14. 33°9fi'S0"E 29.65' 12. 105°57'09" 50.00' 92.46' 66.30' 79.84' N35°96'12"E CORWIN ENGINEERING,INC. 5."Selling a portion of this addition by metes and bounds 15. 36°21'06"E 15.87' 13. 15°51'00' 300.00' 82.99' 41.76' 82.76' 6B3°19'44"9 is a violation of City Ordinance and Slate Law and subject 16. 75.2214"E 12.33' 200 W.BELMONT,SUITE E to fines ond withholding 01 utilities and building permits." 17. 6232'38"E 15.97' ALLEN,TEXAS 75013 972-396-1200 FEBRUARY 2015 SCPLE�1"=100' SHEET I OF 2 LEGAL DESCRIPTION BEING,a tract of lontl situated in the L.M.Marshall Survey,Abstract No.594,in the City of Wylie,Collin County,Texas, being part of a 209.3866 tract of land,as described in Clerks File Na.20121231001666860 in the Deed Records of Collin County,Texas and being more particularly described as follows, BEGINNING,at a% rod found at the most northerly northeast corner of Creekside Estates Phase VI,an addition to the City of Wylie,as acre tract,as described in 900.No.2013-406.in the Plat Records of Collin County,Texas: NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: THENCE,North 01°17.54"West,fora distance of 305.07 feet,t0 0/ inch iron rod set with a yellow cop stomped THAT et the underei d do herebyadoptthO t designating property es "Corwin Eng.Inc.", "CREEKSIDE ESTATES PHASE VIIf n addition to P the City of Wylie.Texas,and do hereby dedicate to the THENCE,North 88°44'45"East,fora distance of 1518.84 feet,to a I/ inch iron rodset with yellow Lap stamped public use forever the easements and right-of-ways as shown hereon.The easements,as shown,are Corwin Eng.Inc.",in the west line f Jeffrey Drive(50'R.O.W3,being o curve to Me right,hoving a radius of hereby dedicated for the purpose a buildings,fences.trees,shrubs or other 300.00 feet a central angle of 17.39'59",antl a e of 45.62 feet a improvements for growths shall be constructed tl or placed upon,over Or across the easements and right-of-ways as shown.Said utility easements being hereby reserved for the mutual use and g the t line of"iW Jeffery Drive and with 0 urve t the ht r o f c tlisYvnce of 92.50 feet accommodation of all public utilities desiring to use or sing same.All and any public utility shall IChardEB Cning South s05.45'4J" ea-82.13 feet).too%�dinch iron fountlrwith fa yellow cap,at the point of tngency: remove keep re all parts o a,trees,shrubs or other THENCE,Soum 14.35'46"West continuing song saitl west line,for a distnce 0f 208.J9 leaf,t a I/ in an r mprovementst or growths,which in any way endanger, interfere'with the construction, with a fellow cap alOmpeO Corwin Eng lint.",at!M1e point of curvature of curve t Me left,havingea r0tlius of 525.00 maintenancer efficiency of its respective systems ronr utility fe0 men and all public utilities shallot feet,a central angle f 20°44'S0",and o tangent of 96.11 feet: all times have a full right of Ingress and egress to or from and upon said utility easements for the purpose of removingoiler part of its respective system without the necessity,at any time,of THENCE,Scontinuing along said west line and wlh e o the left for on c tlisivnce of 190.11 feel(chord procuring the permission of anyone.. Bearing o th ight,h having West-189.OJ zest),!eo.a central Iron rod found.3 the paint of reverse rvature 0f a s curve to the right,having a radius o 5.00 feet,o central angle Of 09°55'39",and a lOngen!Of 45.80 set WITNESS MY HANG AT Texas,this the day of ,2015. THENCE,continuing along said west line and with said curve to the right for an arc distance a of 90.97 feet(Chord Bearing South of°11'15East-90.55 feet),to D Yeinch iron rod set with a yellow cap stamped"Corwin Eng.Inc.", on a non-tangent curve to the left,having a radius of 5555.00 feet,a central angle of 00.07'40"and a tangent of 6.54 feel: CREEKSIDE DEVELOPMENT,INC. THENCE,continuing oeng aitl wet line and with s'd c rve to the left in an arc distance of 13.09 feet(Chord Bearing North J4°18'iJ"West-t3.t0 feed,to a% inch iron rod fountl: THENCE,SOUK 15°3Z'S3"West,continuing along said west line,for a distnce of 50.0T feet,to 0 s/e inch iron rotl found on a curve ko the right.having a radius of SB15.Go feet,v central angle of 00.12'28",antl a angent of 10.55 feel: THENCE,continuing along said west line and with said curve to M1e right far an arcdistance of 21.09 feel(Chord Bearing South 74°15'53"East-21.09 feet),to I/ inch iron rod set with a yellow cap stamped"Corwin Eng.Inc.",ana aura to the right,having a radius of 525.00 feet,a central angle of 21°2J'0J",and a tangent of 99.44 feet: STATE OF TEXAS THENCE,continuing rearm seid west line a.with said curve to the right far an arcdistance f 195.55 feet ICherd Bearing COUNTY OF DALLAS South`0°02'00"West-195.42 feet),too% inc iron rod found with yellow top at the point of reverse curvature f o curve o the left having a radius of 525.00 feet,a central angle of 03°23'29",antl o tangent Of 15.54 feet: THENCE,continui`g along said west line at 12.51 feat,being in th narN fne f saitl Creekside Estf tee Phase VI,and Before me,the undersigned,a Notary Public in and for said C and Stole,on this day b mng fora la distance of 31.08 feet(Chard Bearing South 29°03'49"West-31.UJ etZ,to a s/a inch iron rod found personally appeared known to me tobe the person whose name Is subscribed with�a yellow cap: fa to a foregoing instrument and acknowledged to me that he executedsame for the purpose and consideration therein expressed. THENCE,South 66°20'22"West.departing said west line d along the north fine of said Creekside Estates Phase VI,for a distance of 7.74 feet,t0 ae^e inch it rod set with yellow cap stamped orwin Eng.Inc.",on a curve to he eft,hoving o radius of 5585.00 feet,a central angle of00.47'2g",and a tangent of 35.57 feet: Given under my hand and seal of office,this day of 20.. THENCE,continuing along saitl 0rlh line antl with aitl c e to Me gt for 0n a c distance of 77.14 feet(Chord Bearing North J4°50'14"West-JJ.13 nfesU,to a s/e inch iron rotl found wi M1 a yellow cap: THENCE,North 1,46'02"East,continuing along said north line,fora distance of 115.00 feel,to a ye inch iron rod set with a yellow cop stamped"Corwin Eng.Inc.",0f 0 non-tangent curve to the left Raving a radius of 5700.00 feet central angle of.20 a '11"and a tangent of 565.]4 feet: Notary Public in and for the State of Texas TENCgE,NcornttM1in.B 5ao0n4g"sWaitls tn o-rth2 59 4 and ewdi,th t o /zu ac F toron er Ioee fts faol rw anth aa cywa ncp%tamped"Corwin Eng.Inc.„ My commission expires: THENCE,South 03°25'51"West,continuing along a north line,fora distance of 115.00 feet,to 0 I/ w0 a yellow pp%ta aped Corwin Eng.Inc."f feet,' -tangent curve t the left hoving 0 r0tliva of 5585.0O ofeel, 'Recommended for I central angle Oo°55'13"an a tangent of 44.85 ee. Approval'' THENCE,continuing along s itl north line a,with itl c e to th0e Ie{t fir an arc distance of erC'eet(Chard Bearing NortM1 BJ°o1'46"Wesl-89.J1 feed,to a I/a i eh iron ro se wi M1 o yellow cap stmpetl"Corwin Eng.inc.": Chairman,Planning W Zoning Commission Data THENCE,North 37°52'15"West,continuing long said no in ter a distance f 7.94 feet t0 a 10/s inch iron r d City of Wylie,Texas M1'yellow pp tampetl"Corwin Eng.11nc."ran 0 n(tangent curve to the right hoving o ra iu5 of 5J5.00 feet,a central angle of Oo�14'01",antl o tngeni of.] eat THENCE,continuing along itl orth line a d with aoid c rve to Me right for an arc tlistn of 2.51 feet fChord Bearing Approved for Construction North 12°25'49"East-2.34 teat),to o I/t cM1 Von rotl set with a yellow cap stamped c'Corwin Eng.lne.": THENCE,North JJ°2J'10"West.continuing along said north line,fora distance of 50.00 feet,to a% h' n r d eel with a yellow . stamped"Corwin Eng.inc.",on anon-tangent curve to Me left having a rvtli of fi25.OD feet,a Mayor.Uty ofy texas Date central angle of 03°45'18",and a tangent of 20.49 feet: ' THENCE,cntinuing along saitl north line antl with itl c rve to the fail far vn arc dirt a of 40.96 fee[(CM1vrtl Accepted Bearing South 10.40'11"Wesl-40.95 feet),t a inch iron rotl 0und with a yellow cap: THENCE,North BP 12'29"West continuing tee said north line,for o distance of 121.90 feet to a I/a inch Von rod set with a yellow cap stamped"Corrvm Eng.inc.": Mayor.City of Wylie.Texas Date THENCE.North 14°15'S8"East,continng along said north fine,fora distance of 99.04 feet,to a I/s inch iron "The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies that the rod set with a yellow cop stomped"Corwin Eng.Inc.": going final plot af.the CREEKSIDE ESTATES PHASE r addition to the THENCE,North 19°1J'21"East continuing along said north line,for a distance of 211.84 feet,to the POINT Cityy of Wylie was submitted to Me City Council on the II subdivision sofn a 2015 OF BEGINNING antl containing 20.Sn1 acres oflvntl. the Council.by formal action,then and there accepted the dedication of streets,alley,parks. easement,public places,and water and sewer lines as shown and set forth in and upon said OR a.said Council further authorized the Mayor to note the acceptance thereof by signing his nome as bereinabove subscribed. Witness my hand this day of ,A.O.,2D15, FINAL PLAT SURVEYOR'S CERTIFICATE OF KNOW ALL MEN BY THESE PRESENTS that 1.WARREN L.CORWIN,do hereby certify Nat CREEKS I DE ESTATES I prepared this Final Plat and the field notes from n ochre,.accurate survey of the land,mat the monumentscorner shown there wereproperlypieced under my personal supervision in accordance c'Ity SenetnT PHASE VIII with the subdiison Regulations of Yha Cty of Wylie,Texas. CI[y o y axes OUT OF HE L.M.MARSHALL SURVEY,ABSTRACT NO.594 IN THE WARREN L.CORWIN CITY OF WYLIE R.P.L.S.No.4621 COLLIN COUNTY,TEXAS OWNER THE STATE of TEXAS CREEKSIDE DEVELOPMENT,INC. COUNTY OF COLLIN 8750 N.CENTRAL EXPRESSWAY,SUITE 1735 DALLAS691 6a. TEXAS 75231 Before me,the undersigned,a Notary Public in a for the Stte of Texas,an this day , - 255 personally a peered WARREN L.CORWIN,known to me to be the person whose name PREPARED BY subscribed to the foregoing instrument,and acknowledged to some for the rose and consideration therein express.saes ana m the capacity therein executed CORWIN ENGINEERING,INC. 200 Given under my hand and seal of office,this day of .2015. eELMONT,SUITE E AL EN.TEXAS 75013 972-396-1200 FEBRUARY 2015 NOTARY PUBLIC.STATE OF TEXAS SHEET 2 OF 2 11W r L .'' Wylie City Council �' t� AGENDA REPORT Meeting Date: April 14, 2015 Item Number: 1 Department: Engineering (City Secretary's Use Only) Prepared By: Engineering Account Code: 415-5415-58210 Date Prepared: April 6, 2015 Budgeted Amount: N/A Exhibits: Resolution, Agreement Subject Consider and act upon Resolution 2015-10(R) authorizing the City Manager to execute a Relocation Agreement with Atmos Energy Corporation for the relocation of a 6-inch natural gas pipeline along Ballard Avenue from Pleasant Valley to Creek Crossing. Recommendation Motion to approve Resolution 2015-10(R) authorizing the City Manager to execute a Relocation Agreement with Atmos Energy Corporation for the relocation of a 6-inch natural gas pipeline along Ballard Avenue. Discussion The 2007 Collin County Bond Program included $5,400,000 for the reconstruction of Ballard Avenue from Alanis Drive to the Collin County Line. The project includes approximately 6,300 linear feet of 4-lane divided concrete roadway with underground storm sewer improvements. The county previously released $715,600 for engineering and right of way acquisition. Engineering plans for the project are complete, right of way has been acquired, and utility companies have been notified to relocate any facilities in conflict with the proposed improvements. Atmos Energy Corporation has a 6-inch natural gas pipeline in an easement located adjacent to the right of way from Pleasant Valley, south to Creek Crossing. The roadway and storm sewer improvements are in conflict with this line and it must be relocated. The city has acquired a new easement for Atmos which is located adjacent to the new roadway right of way. Because the line is located in an easement and not in existing right of way, the cost to relocate the pipeline is the responsibility of the city. The attached Relocation Agreement outlines the terms of the relocation and the funding. Atmos previously advertised the project and received a favorable bid in the amount of $440,680.71. Approval of the Resolution authorizes the city manager to execute the agreement. The projected construction cost for the paving project is $4.2 million and the remaining county funding is $4.685 million leaving $485,000 available for the gas line relocation. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2015-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE RELOCATION AGREEMENT BETWEEN THE CITY OF WYLIE AND ATMOS ENERGY CORPORATION FOR THE RELOCATION OF A 6-INCH NATURAL GAS PIPELINE ALONG BALLARD AVENUE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the Relocation Agreement between the City of Wylie and Atmos Energy Corporation for the relocation of a 6-inch natural gas pipeline along Ballard Avenue. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14th day of April, 2015. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2015-10(R) Atmos Energy Relocation of 6"Natural Gas Pipeline Ballard Ave. Page 1 of 1 Line 028-1/1 RELOCATION AGREEMENT THIS AGREEMENT is between Atmos Energy Corporation ("Atmos"), 5420 LBJ Fwy, 17th Floor, Dallas, Texas 75240, and The City of Wylie, Texas (Requestor), located at 300 Country Club Road, Wylie, TX 75098, and is effective as of the day of , 2015. RECITALS 1 . Atmos owns and operates a 6 - inch diameter natural gas pipeline that is located in a 30'-wide easement as recorded in Vol. 584, Page 380, Deed Records, Collin County, Texas (the "Pipeline"). 2. Requestor is currently planning construction activities that will conflict with the Pipeline; therefore the Pipeline must be relocated at the actual cost expense of Requestor. 3. An Atmos replacement 30' wide easement will be provided to Requestor and must be executed by the landowner prior to relocation of the Pipeline. Surveyed easement exhibits will be provided by Requestor. NOW THEREFORE, in consideration of these recitals and the mutual promises in this Agreement, the sufficiency of which are acknowledged, Atmos and Requestor agree as follows: 1 . Atmos has prepared a good faith Ballpark Cost Estimate in the amount of $440,680.71 to relocate the Pipeline and will provide a copy of said estimate to Requestor. 2. Requestor agrees to pay this estimated amount to Atmos within thirty days of receipt of the estimate. 3. Within thirty days following receipt of Requestor's payment of the estimate, Atmos will begin, or cause others to begin, the relocation of the Pipeline. 4. Within 120 days of completion of the relocation of the Pipeline, Atmos will provide Requestor with a detailed invoice of the actual cost of the relocation of the Pipeline. If the actual cost is less than the deposit, Atmos will refund the difference to Requestor at the time that invoice is provided to Requestor. If the actual cost is greater that the deposit, Requestor will return payment of the difference to Atmos within 30 days of receipt of Atmos Invoice. 5. Neither party to this Agreement may assign its rights or obligations under this Agreement to any person without the prior written consent of the other party to this Agreement. The provisions of this Agreement do not impart any rights enforceable by any person, firm, or organization not a party or an assignee of a party to this Agreement. 6. Any interpretation of this Agreement or any controversy related to this Agreement is governed by the laws of the State of Texas. 7. No waiver by either party of any one or more defaults by the other party in the performance of any provision of this Agreement operates as a waiver of any future default or defaults, whether of a like or different character, 8. This Agreement represents the entire agreement of the parties concerning the subject matter contained in this Agreement. No amendment or modification of this Agreement will be effective unless evidenced in writing signed by both parties to this Agreement. SIGNED AS OF THE DATE FIRST WRITTEN ABOVE: City of Wylie, Texas Atmos Energy Corporation By By74,41At/14 (9-1 Bob Carroll Its: Its: Right of Way Manager 2 STATE OF TEXAS COUNTY OF ,I) 4s BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Bob Carroll, Right of Way Manager for Atmos Energy Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /6 day of ie I),vy.,. A.D., 2015. Evan T St. T (veA MAI State of Notary Public in and for the State of Texas My Commission Expires: /.2.pifrot45 94, 0 Fi My Comm imion Evires Aber 19,2015 Print Name: ifv4,d 7- Alt Ve4$e) STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , A.D., 2015. Notary Public in and for the State of Texas My Commission Expires: Print Name: 3 • • BALLPARK Cost Estimate CITY OF WYLIE ATMOS project 6 080.44984 and.W.0#74640314 Relocate Approx.3200 feet•6.625"0 OD 028-1 pipeline crossing South of Sachse Road in Wylie,Collin County TX Complete Project Completed by:K.V.Vartevan September 29 2014 Ballpark Estimate Basis Revised januarary 26201.5 Post Construction Rids MATERIAL • Unit.Cost Pipe,6.025"DI7,0.28"wl,API 5L-X42,Line Pipe,ERW,DRL,FaE/Powercrel Coated 30 1, 3,500 ft ands $ 20.0 $ 70,000.00 8 ea Elbows,455 and.90°,Weld,6--Inch,LR,Sod,WI,ASTM. $ 25g:0 $ 2,000,00 2 ea Fitting,Stopple,6"-6005 D-89 wIBUNA-N O-Ring $ 9,000.0 $ 18,000.00 20 ea Joint Kit,Fusion Bond Epoxy,1 gallon s t32.0 $ 2,640.00 2 ea Valve,Ball,2-Inch,Carbon Steel,Threaded 2000# s 250.0 $ 500,00 I lot Relocate existing DRS to new easement $ mama $ 10,000.00 2000 ft Pipe,2,375"OD,Poly II SDR 11 PE-2406 $ 2.00 $ 4,000,00 12 lot Fittings, 4.5"OD,Poly II SDR 11 PE-240a $ 45.0 $ 540,00 6 lot Service lines and meter relocation s Loco $ 6,000.00 Misc.,Sales Tax&Freight 14„868 TOTAL MATERIAL 128,548 COMPANY LABOR I Operations Support 80 Hrs $ 50.0 $ 4,000.00 Rngineedsg/Project Managennent&Construction Manageme. 36 Hrs 5.. 100 $ 3,600.00 ROW Reimbursable Support 40 Hrs. I 52.g $ 2,080.00 TOTAL COMPANY LABOR $ 9,680.00 CONSTRUCTION CONTRACTOR. Install gas Pipeline network includes j' Directional bore,and open trench construction.method,. Equipment and hydratest $ - Pipe,6.625'OD,0.28"ml,API 5L-X42,Line f Superior pipeline Sevices.Lump sum Bid 3500 ft bath $ 120,000.00 Pipe,2.375"OD,SDR 11 Poly II PE2406 Pipe Superior pipeline Sevices,Lump sum Bid 2,000 ft ban, $ - TOTAL CONSTRUCTION $' 120,500,00 CONTRACT EXPENSE Engineering Upfront IDesign 144Hr $ 100.00 $ 14,400.00 Project Management&Construction Management 72 Hr $ 125.00 $ 9,000.00 As built drawings and Closing Packages 80 Hr $ 75.00 $ 6,000.00 Environmental Preliminary review and Permit 16 Hr $ 100.00 $ 1.,600.00 Environmental SWPPP inspection 2 Day $ 600.00 $ 1,200,00 Survey and creating meets and bounds 2 Day $ 2.,500.00 $ 5,000.00 X-ray .4 Day $ 5,500.00 $ 10,000.00 3rd.Party Inspection 24 Day I 500.00 $ 12,000.00 TOTAL CONTRACT EXPENSE $ 59,200.00 RIGHT OF WAY Damages SgFt 5 0.50 $ - 1L0.W Acquisition 1220ft*30ft SqFt 5 12.00 $ - Temporary SgEt $ 3.00 $ TOTAL RIGHT-OF-WAY $ - l' MISCELLANEOUS MUTT(10/)company and contractor labor 1 . $ 12,962.00 $ 12,968.00 Flaring and gas loss I Day $ 600,00. $ 600.00 CNG Tanker Truck.150MCFt 1 Day $ 4,500.00 $ 4,500.00 TOTAL MISCELLANEOUS $ 18,068.00 TOTAL DIRECT COSTS $ 335,496,00 INDIRECT General.Overheads(26.3%of All.Above) $ 88,235.45 Franohise Fee Amounl(4%) $ 16,949.26 TOTAL INDIRECT $ 1055,184,71. I GRAND TOTAL ESTIMATE $ 440,680.71. Assumptions/Comments 1.This Ballpark Cost estimate is considered a. > Post Construction Bids i 2.Cost for new acquisition and temporary work easement arranged by City of Wylie, 3.This segment of 6"pipeline can be isolated with 2 stopple during tie-In. 4.Test water will be hauled o0 from site. I.Assumes no Storm.water Plan Is required.. 6,Existing ass main will be abandoned in-place.. 7.Assumes no underground ruck or Phstmodione. 8,Construction duration estimaled to ha 24-30 days. 9.New gas main to have 5 feet minimum cover, 10.Re-use existing Cathodlo prateclion system. I 11.The vertical clearance between bottom of steel pipeline and sleeves to tap of any diameter.sewer or water lane roust be minimum 1 a'. 12.Assumes lost gas is flared. 13.Assumes standard work week(6 days7week(dt 10 Par./day)by ATMOS contractor 14..Assumes only one move-in 1 move:-set by contractor. 15.Construction contractor actual pricing will be based on a lump sum bid using a continuing contrnel"construction firm.The bid will be based on a defined scope of work which will be provided at the time of invoicing. 6in-028-1 relooalonWylie-Estimatoxls City of Wylie-6 Inreloca1-28-15 KW 1/2 6 02 01 5 301.21 ft 301.21 ff 301.21 ft 301.21 ft 3'00.53 ff 300.53 ft El._ noneoranurpor 2r a3 is Proposed A T M+ S 1 UT,wT, P- Proposed ATVtOS 1°`4l I 'Existing area DRS gas I a d�6�4, 1 ., I 2 3 r c. 6. �a 7 u 9 t z ri A 0 IP Gas main. jr .,C NNaryN9 I I g !district regulator n .e ns w Nv n'b a n' €nw a ° nc. i R�a�Rao FduNd I G2 1C2 Imes f 3Ia P - -- Or.OW la net M 1 16H ram 6 h rd noT1 ROO IP ssev' a; i hn, 1 e 1Ne ua om,ey 1 n ...war si e ern' 6R-300#Stopple i at,o E44HVoqi 1 a, =8 " = a d 9 ,i R°" EON11Q 5 PMoN4T xcc Lh k or}+ars€=ha f WI d P4 Q ;MTV TM'S Itg d - €melmr 1n.da,9 r u Z 865 79 ft ova a e Leaor.Amur oa C 1V OF \ [ 7'{ i'.:'.If I Wit Baca.57I _TO 11,E Tiro 3a4sia%n `'- ` -.. PP6 .. ✓.mow (VA9[hHLE.4NdTk MCA) 1 f#1 SACHSE ROAD x ,": � t ac. "4 rvtI s= . ..�z xt1z3as-E is3292 n 1" °s� B0`. ♦a.IF,i 64` m, , 1 (6.4.669€6.971 Rd W) I a3x rrt ea N 1 III A �f -�® T , 1b 1 l- _.`P 7i si 'P,Q1§ / 'a-H-E a ' o 1a �` = a Mo r-r. f.::,Z .--. - �s �, iA . 1. - N ., R,_ J '� ` � !Proposed ATMt7S 6a` 5 HP Gas main ; I 'o ITie-in 2 - ,Proposed City 15 ft wide easement - r31. z T �J - 9 I ;°,o,? } - -- N4411"4CE rf ��` r Proposed ATM OS 30 ft = tr D � > �2a a bw. � . lc 1 'wide ease ent - " I t gr .$ Tie-in 1 I I .�'- li ,�, 1_ $-9 T„.. _ ( ' fP Relocate area DRS gas 6,Q1 G s Q v n '. I - x54 Is R ' I ,4, 3a a4 R.} - ,u ...I F a..-.. t.5 8=i.' 4� un ac I 1 r district regulator _ :r I 0_ .W 1 I I' ( :n l - '1g s ,� e 1 I 1� 6"-300#Stopple 1 cs-Ns62F'S5'W �o xuw,rr.,F, t > .n �� i :. a 7 N u �- . m,y, 18 ta„54 y 5 gt=3C21e 1 .. : N2793.54 SY PRELIMINARY SKETH SUPPORT BALLPARK COST ----_�' -_/ �: •a R6r4_'SVE 411_ INj 163.2'` 11K : RELOCATING atmos 6 U 028-1 GAS PIPELINE ` '` . PR UR TU pURAIL � �4 ; `� g e N ! DESIGN Iw October 15 2014 4. �r 3 TL ] _ art ..1a It b . F 6 Yy 1 kG .,ap rqz +.9 , r r,. i'" ,1` :L- a �, 9 1 =" :sue �h �A lit E \ .. t s4 „' - s - �'�' c3cr.." k x uTLifilli H a izd za rc z. 'mod w . dr ts' a_ y .a 1� " .. sa.os�sn are _r t - a-Dlx1'20- d` 14344. y #0„.Aagur. 1' S4333'56'YI I „ S A-16 998- a �2i45`flr- c �` O � I8.4GGaD' R-82i§3` 4 d9 ,M n- lDC9TI�dHs 1�IAP r99 s' -C.S s',. !>°ao266' L.:31a4o' i v a s'. 4 --. CD N4546`22'W a"' i -T�16213` Ta15B 51' .r mil' '� s `•� a3:6 CB-52336`23'W 48a56 9`I6`vi .,. `�xi .._- r �" =o EA --- 514,29215..... .CH-�I9.51,. _-.... ut s1 3'3 f. ..6.' •_ _ - _.- -. ratan a. _.._ -_ - -__ -.- 1 ��viiiii � & '! '' oaxscc 4'^x J. Y {- rrrfi .e wsrsn'ilw•�' 4,66"C5d5` sA i,r. e \0 Rm600.90 { 4Z . i a' ! e 1,711.9r Y-SSA" 7 365A2' € S.. Off-.ad4'95'S'E Q%J CE-N7.'2d'Erw h r"f' �13'25'26" , `c EASEMENT EXHIBIT w a-aedsd a,zi941a >'rf DDL HD. ,ate, \ 5,41256' R=129eso' ,�. r o,,u`9 _�� I - DOMINION OF PLEASANT VALLEY. cloreco \ 9574143E T>SG.55 W3C396 .y !.•- _ >.o �` , ' �� -rve4z4'2se r it:- € -.. T.. PHASE 1 o,=, CN-192si` C6®N7aT4 ae-u,' ��f BF�NG 5s.seg ACRES OUT CP n,E Y. .4-5d.61" I. ir', 'r`. GUADALUPE DE LII SANTOS SURVEY. a ABSTRACT NO.41UD(COLLIN CCUI TYT: { p'j' " \ :: O 8:ABSTRACT N6 1384(DALLAS COUNTS. L. a v5 \. ,t�. S181f23`nrw ,bra','- -. $ dtk 03 r'r N8911`D2'Y1 p�'?s3, CITY OF VILE ' 11,gg in ,� ,,,rrr } ''" d. 1 RT9a yr�,� i •4 SRafx' 4,\` COLLIN COUNTY AND DALLAS COUNTY.TEXAS 4 P 'Ey r ;:Gi g*¢s {-rr 114.i4' h� 2C11 RESIf3€I.`1'I.AC LP3a.PEA 4,idIkMCE KO.2®13-,Tf 1('0.63 fl ux 3 ;�`�` it 'L.' WYLIE DPI,LIMITED PARTNERSHIP OMER/DEVELOPER 47 iGRAPHIC.SC.4cL`C 20C ii 4-23'3?35 �- 4ff��'fV r 4 ..w 27' !-Tec,n PhiIIIR €Rc:: (9229 365-9304 EI w i m d 1.37624• e e cV y.'r a �.�,,..ems �91I STI 592 e.534e Sid-310 - -.. .... / r JEI PARTNERS,Iue, EHG1N re vi ek F- T I81.93" .^i, . ') - 1130 C6-5d94V'39`N' Y 14341 94 Aria.S Fin 296.6 (5727.1 6 ' - r 092 in dN=375,49' s67'49 aaw tr;`` �'.� Addison, or 75aoI - • 67:d9` ��4 A .� revue swsrl.rwrt�i f �. ---- . .... - .. _ \ NlY 25.2d141') sha.t 1 of o o. I Q I Wao,22 Properi es,LLC STA I 6 V 6 LT No..07 012T082 TC 9 I�- Q Lit,:2 29.OT Ti 68 Li PRICR i0 ANY CONSJROU N ACTIVITIES IT SHALL Volume 5019 Page 1025 Mo+m 9 �� A BE THE RESPONSLITY OF THE CONTRACTOR TO CONST,2 Type C HMAC SURFACE .0 56.61I ( ES2 VERIFY ALL UTILITY LINE LOCATONS N THE AREA.THE on 6 T 8 HMAC BASE with nA 11+r» _ a9a.ds Type STA 11f 1639 38 S0'Li iC 49d.61 - FT INFORMATION SHOWN ON THESE PLANS REPRESENTS STORM INLET CULV D-2Z \ APPROXIMATE LOCATIONS FROM MAPS AND/OR W119 FIELD SURVEY AND MAY NOT INCLUDE ALL LINES. LIME TREATED SUBGRADE B 495.T2 p STA 92+29.02 565 L ROW (SEE STORM SEWER SHEET) x x- x /Se x x x xxx' BEG CONC PVMi STA 10t00 3 III STA 2 4902 3650 LT SA B QO 3250 Li VMi - -La -- -i I iII aTC 496.02 END AS.HATCH EXISTING P 49525 xsi NO RowiP 5020]± [a's Na pow renuYen Tr Te I 1 0 3250 LT/ J 66``\HO SA 8+353T 1150 Li" 06 2QR "6..8aau TmT2IO 4 iC=501.30 preTI CONSFRUCis51F r ?GL1T,,w \ IOp I ��' IFAMIMMIlSTREET HCAOER q 1r+5 6 !v LT STA 50 36.50I Li1 iC=494]6 CA 122 33 I D 50'LT 22 9,11+32],I1.50'Li TO 1 1 Q STA 0 00 50'LT "o~D /CONSTRUCT P 491 0 P r mo W O 12 o ■ 9S A,Id"' T o o a a a BEG CONC P✓MT N T SY MEDIAN CO �;.. iftii. NOSE PAVERS £ 1 1 STA 1020 150 RT _ — )7. 1 20 9+00 10+00 BEO ca PVMT o Y DO 1 b 1 \ 1+00 8 SY MEDIAN'VW 13 ALLARDAVENUE p 4p64s I� isu - Z PAVING SHEET NOTES: N44 s1s" 6. �''` STA"Y2+3328159 LT m -\ I iC=496 ss 'SR_ = 1.CONTRACTOR TO RELOCATE EXSTNG MAILBOXES OR INSTALL o Q x[M OW' X, X R E.t p32 xJ_ X X yam, TEWPORABOXESRY MAILBOXES BE NSTAL NECESSARY EO PFOR CONSTPROJECT 90ir, DMPLETIn ALL RK SHALL CONFORM TO USPs STA .54 Li R-9D00 L i>260 Y CDNSiR Ci ��-- ' �' .� � 2 � / TC 9I0] 1�- ddlREQUIREMENTS 501 I r� A E. STA 1,5T.06 314 Li P S A 12392"-FALL-ARLFAVE} �� SP 2 SEE CONDUIT LAYOUT SHEET FOR LLUMINATION AND X X x LM y'TNC'. x x XSTA 10+00 8.00 R L Xp ca:(A mo:l -- d9S64 S A 020 CREEK CROSSING LN CONSTRUCT lANDSCAP + HBEROPTIC CONDUIT LOCATIONS (INSTALL PRIOR i0 PAVING) S_O'31'2]Li _ _ 3.REMOVE AND DISPOSE OF EXISTING FENCE LOCATED WITHIN END ASSPH P✓Mi ILjI N - - R.OW THAT IS IN CONFLICT WITH PROPOSED IMPROVEMENTS, STA B+QO 9.00 Li PP 501.04 iP 9580 '( - T - Trp[2 UNLESS MARKED OTHERWISE(NO PAY ITE MATCH EXIS➢HNG 10+0 24 0 RT/ 222." z � RAMv w 4_CONTRACTOR s RESPONSIBLEFOR CONSTRUCTING Au P=502.18, ° r SIDEWALKS Fs BARRIER FREE RAMPS PER DETALS AND IN END ASPH PVMT ACCORDANCE WITH a TH THE LATEST T D.R AND FEDERAL 0.a PROPOSED ROW P 4954] I I PROPOSED ROW REQUIREMENTS ALL 4I WIDE SIDEWALKS SHALL HAVE PASSING LANES P 200 MAX AND 545 MIN LANDNGS STA 0 00.00,36.50 RT o 5 CONTRACTOR SHALL ADJUST ALL EXISTING FIRE HYDRANTS, Wy1'e FB,Lid. BEG CO.PVMi WATER VALVES AND WATER METERS i0 PROPOSED GRADE. C 95 72 CONSTRUCT 8N REINFORCED CONCRETE 6.CONTRACTOR SHALL PROVIDE ALL WEATHER ACCESS i0 ALL Vol.5849 Pg.in8 0 11 I / I I PAINING ✓ITI-I 6"MONOLITHIC CURB ON PROPERNES DUR NG CONSTRUCT ,(NO PAY ITEMH. STORM INLET CULV D T"LIME TREATED SUBGRAP6, A T-ALL EMS,.DRAINAGE PIPE AND STRUCTURES SHALL BE Proposed Afmos Gas Esmt. (SEE STORME) REMOVED UNLESS OTHERWISE NOTED. ER I }— 8,ALL DRIVEWAY CURB RENRNS SHALL HAVE 10 RADIIUNLESS IY OTHERWISE NOTED. Survey Control. CONTROL n CONBF('L/s TAS 42TT2 G24 aT 529. cavma ON/2 CONTROL/4 1 1/2.oON R.FOUNoR STASTA 70.29 92,4.1 m L 494 69 NOWT NORTHING=7051379.1500 TASTING .1364 unec 2seena4400 510 LOW PON St 11+1639 510 ac 5'5es acv 5., 11 av STA 1+00 AI i Data o I� Q gnmen"-BALLAFD AVE AUCH T DATA-) 505 L ..,I STOW NWmNO CASM1W MOWN a5C CO — - _ + m F'M_ 500 RR 500_ Proposed POL PTO 365'LI _) •" ti _ _ -l-__ — 1 F24,A, ,RI„�2RIF�3� �52.5 ..,.,,F.�3„2 255,,,,,„,5 w Q / � — Ex,s1Fig-Gr�.;RI J FJ __:8-_ �ou _ ' BVLLpFDAVEq DATA 495 HOLE PROFILE aaoE LINE i — — 495 = _ - aWYE NM ORM LLNOM WENT 26- 490 _ - — 22,cane so'u. — 490 t r 8+00 9+00 10+1�00 a 11+1200 12+00 a 13+00 MISC.INt:()RNIINTIon RWV ISI()N ANTI SFSCRIPTI()N PRELIMINARY-100% {/♦� Ballard Avenue Improvements P a R' reed MWE ELK ENGINEERING 1NC �I Danes/Collin CourtsSTA .LN Aleens lhlve C Hereto Po�n9 III 11,M St. Allen Ise,75013 PAVING PLAN&PROFILE 'er erele S dewa�p _ _ _ (972)359 I713 Orr '°7d<5"aoS nii.Eriri,. sans+oo TO STA G FILE R NG i1.E. (972)SAD INNS f+e_x xoHN E�eELLa P.E. \ 7BXAS RLN IS7RAIION N0.ANN Sea k 102022 PEER6 ILL I55 ,4. Lvls IIL< W N op 12/oreF 20 5 Waodor dge Prop27082 LLC CONSTRUCT 8" MONOLITHIC CONCRETE + // /'MA 95+03d1 51- 00 Kely NOTE N No.2501 012T082 PAVING WITHLIME R MONOLITHIC ADE ON / MATCH EXISTING- 3❑Df 366T20 IT SHALL / C R PRIOR i0 ANY roNSTY OF ACNTRA Volume 5019 Page 1025 ]'L/ME TREATED SUBGRABE / / P 500 d+ STA M INLET 3850'Li RE THE ALL u,SRL IN DF THE CONTRACTOR E STA 1.52.63 5334 LT / STORM INLET EWE \ \ VERIFY ALL UTILITY LINE LOCATIONS 1N THE AREA.THE CONSTRUCT 4.0 WIDE MAATCH5EXIST G / / % / + , (SEE STORK SEWER SWEET) � INFORMATION SHCAT ON THESE PLANS REPRESENTS OP 4 REf7JFORCED CONCRETE SIDEWALK) - / /STA 15,301 4650'LT _ __ FIELDAPPR S MATE AN MAY FROM MAPS AND LINES � � � FIELD SURVEY AND NAY NOT INCLUDE ALL LINES. 7=500 3 �I oo Tv x x � • 1 (MISTING ROW H y — li m n STA 147268 36.56'Li LW STA 15+1301,38.50'Li iC 50099 R Nu i -f-• O 00 W o0 as as oD 16,00 gBALLARDAVENUE ''Z+oo _ s cK 20 10 0 BALLARD AVEE 1UE u A 6"E J N4,02,E. o o;d PSA 50,BALLARD AVE. _ W - LL z 29 LT. _� � — — r — PAVING SHEET NOTES: - x x x ❑ e Ow J --�+ ��-i.�. -�{ rs , !� v.cONTRACRY AI BOXESRELOCATEAS NECESSARY MAILBOXES OR INSTALL UCFON ,_. - ;H _ ,m o x�p�s rx -` TEn+PORARv MAILBOXES As NEcrssARv FOR roNSTRucneN. - V ___ f S x' gs ti NEW MAILBOXES SHALL BE ALL CONFORM usas PROJECT - -- 2.HP v�In m=T m - ..o Y ❑ _ __ - n0N ALL MOR INSAL N PRIOR TO S Pros'Doom Imo - �A ._s.-a> - REomRENEN7S 2.SEE CONDUIT LAYOUT SHEET FOR LLUMAMATION AND - - - FIBEROPCG CONDUIT LOCATIONS (INSTALL PRIOR TO PAVING) 3.REMOVE AND DISPOSE OF EXISTING FENCE LOCATED WITHIN R.OW THAT IS IN CONFLICT WITH PROPOSED IMPROVEMENTS, w - -- -- -- -- - - UNLESS NARKED OTHERWISE(NO PAY ITEM) TNG ALL --- -- -- 1 -- PROPOSED ROW PROPOSED Row SIDEWALLKS Cs BARE Ere FREE RAMPS PERTDE ALS AND IN ACCORDANCE WITH THELATEST TD.LR AND FEDERAL AD.A REQUIREMENTS ALL 4 WIDE SIDEWALKS SHALL HAVE CONSTRUCT 8"REINFORCED CONCRETE PASSING LANES P 200 MAX AND 555'MIN.LANDINGS 5 CONTRACTOR SHALL ADJUST ALL EXISTING FIRE HYDRANTS, PAVING WITH 6'MONOLITHIC CURB ON WATER VALVES,AND WATER METERS TO PROPOSED GRADE I T"LIME TREATED SUBGRADE X Proposed Amos Cos Esmt. 6.CONTRACTOR SHALL PROVIDE ALL WEATHER ACCESS TO ALL Proposed AtmoS Gas Esmi. L SA 6400.00,3850 Ri ----- PROPERTIES DUR NG CONSTRUCTOR(ND PAY ITEM). x STORM INLET C-1 I T.ALL EX STNG DRAINAGE PIPE AND STRUCTURES SHALL BE Wylie-FB,Ltd (SEE STORM SEWER SHEETI Wylie-FB,Ltd.B REMOVED UNLESS OTHERWISE NOTED. Vol 5849,Pg.1780 Vol 5B49.Pg 8.ALL DRIVEWAY CURB RETURNS SHALL HAVE 10 RADIIUNLESS OTHERWISE NOTED. Survey Control. COMM.f coxma/s CONTRA 02 CWWIRC(#4 PSI ELEV I1ST I I s 1/2/RONR.Foouo z 510 =� 33a 510 rrru-2'2HS �36 rLFPLAST 2 5.o,s 4400 ❑000o❑'NS Alignment Data_ 2 . a -BALLAFD AVE AjJ IBlTDATA1 6 PGL(,y 505 - / J ^ 505 STOW NWNLNO EASM1W MOWN OESC. m Q e Eostm ,ode 50'Rt. M > 75 W ---_1---_--L 0609 4 z5sOTse,06oz9M9s zs 500 J c 1 -- ---__-- 2 500 _ _ _ — — — — — — _ _ — — — J Z Z U „s,oa�an,o® , 1 1 1 4. T7041910 w „N513,7 52�4e4 4�W g r J 495 g - -1— „y L,�A�,D' \ / /--495 BALLARD AVE a DATA Th aWYE NM ORM LLNCM TAKENT 490 490 „2,„ Din r, ,.,s of R lu u IT u R d lu N 13+00 14+00 15+00 16+00 17+00 18+00 MISC.In CORMNTIOn RUN ISION DUI DGSCRIPTION PRELIMINARY-100% {/♦� Ballard Avenue Improvements RLK ENGINEERING,IN C Danes/Co1Le CoueLyLine Lo Maras hvePC n�reate RPo:ngrred III 11t,M St MWEIW Allen le,. 75913 PAVING PLAN&PROFILE ca7Irete saewall: EIMINEMEMEMM (972)3591733 Off STA13+99 TO STA18 99 51.E1 (972)3591833Pea JOHN E ELLIOTT.P.E \ TEXAS REGISTRATION NO.579 seal k 102022PEER MorcF 2015 ILL ,RE r�. L,v,r I. IIL<oy., 7 oP 128Y 66 — Ger,Roberto STA 20.,54 25 Li STA 2 8 5812 LT 4 o A s — Kelr mg Mayo g STA 21s91a,5e.14'LT Vol5,e Ta6 NOTE ii CC\ \) p20DT100300r 366T20 C 5a6.9 M d50]5at9 Ernest&Qo P'qe Ca 1'Io PRIOR i0 ANY CONSTRUCTION ACTIVITIES IT SHALL STA5 LT b STA 21,4]18,46 d8 Li BE THE RESPONSIBILITY OF THE CONTRACTOR TO I° Mo d E::sf oq VERIFY ALL UTILITY LINE LOCATIONS IN THE AREA.THE /p F I c , TP 5055, iP=505 T5 m STA 21459.16,46.50'LT CONSTRUCT 4.0'WIDE INFORMATION SHOWN ON THESE PLANS REPRESENTS CONSTRUCT 8 REINFORCED CONCRETE STA 20466.66.4650 LT TP=505.88 4'REINFORCED CONCRETE SIDEWALK, APPROXMAiE LOCATIONS FROM MAPS AND/OR / PAVING WITH r MONOLITHIC CURB ON STA C TP 5,186 o5,u FIELD SURVEY AND MAY NOT INCLUDE ALL LINES. T"LIME TREATED SUBCRADE. D LT _/ TP=504 3 kq STA 20,T6.66.36.50'Li Ec55 �5aa C 50511 Y ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 4 -- - T 0 Ysrvceow _ _- -- - - I�'B ❑ ❑ ",,,el', ( )�.. • 1 ( map'. , r1� eI w -'.Th 5 A2+6918 36 50 LT 5a8 13 50'LT No ♦m C 564 T66,36 z ® SORM NLE A 9 TC 21437 0578 3850 L (SEE Si0•..SEWER SWEET) iC 50ET8 a LT qo mo a'o,,. �� < za m a za da V � MM BALLARD AVENUE ARD4VENUE tin ❑ a �I= v 4359 BXL(ARD AVE 4417 09 E W - o --- ---- --- 1I W STA 2 vE Z PAVING SHEET NOTES: w - N d3'5556'E / II 0'2113 RI- J u _ s - " 1.CONTRACTOR AI RELOCATE EXISTING MA FOR CO OR INSTALL Q -� x— — ., x H„„„e❑uK X v X v x x z e,� IFS? K TEn+PORARv MAILBOXES As NECESSARY FOR CONSTRUCTION ,c) NEW MAILBOXES y N - s �/' - Prof Sfarm Lne'A I�q — REOUIREMENiSALLHWaRK SHALLALL BE ACONFORM LLED ROTA PROJECT �- o ----ill=== -- 2.SEE CONDUIT LAYOUT SHEET FOR LLUMINATION AND ---� Iti y _ �A sO� Y cas( ) _ FIBEROPi1C CONDUIT LOCATIONS (INSTALL PRIOR TO PAVING) ( J �� _� IMPROVEMENTS, Cs — -I - = = = = a - - -tea= - a= - -a= - a= - _ -- = - —_ - --a-- -=-a- -- --,.--,_, 3.REMOVE AND DISPOSE OF EXISTING FENCE LOCATED WITHIN --- ft.OW THAT IS IN CONFLICT WITH PROPOSED IM � i UNLESS MARKED OTHERWISE MO PAY ITEM) PROPOSED ROW - SED ROW 4 ACCORDANCE WITHRTHE FREE RAMPS AiPDLR RANDTFEDERAL ADA. PROPG CH GRADE 0 DRAIN®129 PROP DI CN O_M REOUIREMENiS ALL 4 WIDE SIDEWALKS SHALL NAME _ RAOE 0 - i ass trcTmvs) y _ a - PASSING LANES P 200 MAX AND Sx5 MIN LANDINGS _ k r 's from) + - - 5 CONTRACTOR SHALL ADJUST ALL EXISTING FIRE HYDRANTS. SIDEWALKS& STA 18,31.85.4d.50 Ri o _ CONSTRUCT 8"REINFORCED CONCRETE, + RT WATER VALVES AND WATER METERS i0 PROPOSED GRADE RAVING WITH 6"MONOLITHIC CURB ON STORM INLET A 9850 6.CONTRACTOR SHALL PROVIDE ALL WEATHER ACCESS TO ALL STORM INLET A-20 T,.LIME TREATED SUBGRADE (SEE STORM SEWER SHEET Proposed Addes Goy Esmi. PROPERTIES DURING CONSTRUCTION iF PAY ITEM) H. (SEE STORM SEWER SHEET) T_ALL EXISTING DRAINAGE PIPE AND s STRUCTURES s ALL BE Proposed Aimos Cos Esmi. --- --- Wyle-FB,Lid. REMOVED UNLESS OTHERWISE NOTED. Vol 5849,Pg.1778 8.ALL DRIVEWAY CURB RETURNS SHALL HAVE 70'RADII UNLESS OTHERWISE NOTED. Survey Control. coxma/L coxma/s /.Aeon,Roo mum cavma 02 CONTROL#4 �PVI SfA=19+30 .S7ING- 82364 - .34400 515 PM EL-v=503.50 515 rr,-51Se6 CLeV-5'4'e AC.-o.50 -e 7F Alignment Data: O - p 'BALLAFD AVE AUCH/ENr DATA1 510 o vc N 510 STAT6N NWTINC 045157 MOWN 6537 E n_ Q CD _1,n ,m `? ,Pr oskd PG L(TC 355'LI&RI.) r Eeis,9 Grade 50 Ri. ------+------h-_-__p m r — W 505 J ---_� -1 — -r_J�I io9 _ Z _ - — -1 - J 505 U 0 on -- 9998 Bosom sea F` _ -_ _ - — T, ro.�Y0T so "�'." . e _ _ Twss4o Tw3mTme zwaraazo 500 .., ,0,+.50'L,A 500 BALLAFD AVE CURVE DATA Th CURVE WOWS ORM LIMN l'ANCENT 495 �,/495 to ICU 12 1E' 12 ICU ICU ICU ICU 18+00 19+00 20+00 21+00 22+00 23+00 MISC.moRm NTIon RI I NON DATE DESCRIPTION PRELIMINARY-100%FOR REVIEW ONLY ([*j�'f{/♦'� Ballard Avenue Improvements P a R' reed RLK ENGINEERING INC �I Danes/Co1Lel CouelLyL oAleens lhlve C t P g MWEIW I I I 11 Teri S1 Allen Texas 7JU13 PAVING PLAN&PROFILE �aarrele E de„74 (9B2)09 17 is Off STA Ea+oo TO STA 23 0o 5NE61 (972)359 1833 Fax JOHNr E�ELL a P.E. \ TEXAS R C1S7R17lON NO 579 Sea g 102022PEER Morch 2015 lee 5 a< 1,1,1115 Ia(1141111, oa lZB) I STA 244950B.S 91'Li /6-\ STA 244 9508,4550'Li ,,,,STA Ex siing \ "3 TP 50933 STA 2541456 55.3�Li Montgomery Famy Lvng Trust CM1oya&Claudia Tapp NOTE I,I, Ernesl&Lau se Cesl to iP 590.5e \ r, 'fig Vo.4850 Pg.865 Vol.2398 Pg.292 Vol.5156 Pg.1766 1 SIA 254 368,5039'Li PRIOR BE ETO ANY CONSTRUCTION ACTIVITIES IT SHALL STA 24+]9.08,5589'Li ce TP 510 el S A 25 2351 5536'Li STA 25+99 6 3850 L yy VERIFY ALLSUONSONITY OF THE CONTRACTOR TO ILITY LINE LOCATIONS IN THE AREA.THE Meld, 909+9 \ W TP d510689 (SEE STORM A 6 ET) '1\ CONSTRUCT 6„REINFORCED CONCRETE, INFORMATION SHOWN ON THESE PLANS REPRESENTS SEWER HE APPROX MATE AN MAY FROM MAPS AND/oR CONSTRUCT 4,0 WIDE STA 24+79 08 46.50 Li \ STA 25e2568 5038'Li a PAVING WITH 6 MONOLITHIC CURB ON FIELD SURVEY AND MAY NOT INCLUDE ALL LINES. (4"REINFORCED CONCRETE SIDEWALK TP 509'27 5 1 \ TC 51012 T"LIVE TREATED S(1BGRADE yY STA 2446908 36.0 n E n STA 25+2568 4650 L TC=509.3 I 1 = itri P 509 74 4� c kow DE Nr HOW -- - ■�I .: r -- Q 411/10 R(TIP �"- �' \w mi ` '..:d/1 ° 109 •5.50 L,5!15099&\65 / C 9O d�BD 989 LT C ,255 15�LT\ 6\ .o p OaT STA 284162 3 68. N o STA 2 s A zT+s88 o i <10 6, iC=51165 6 Tin STA 2]s28,3]298 PT m H nl CO i ,n iC 512A 28 W mw n 00 2 00 ?Aeon mN 25+00 \- / 26+00 m., pR- tB„$TRHfi � UJ 2 -�SALLARI)AVENUE.. m= mE — zR 6.`5 8 13 SY.MEDIAN W J N d41T o9 E �� - - 250 o.L 5aD STA Deo 314 LT NOSE PAVERS -s mo. Z PAVING SHEET NOTES: U OB 86 ONTRACTOR i0 RELOCATE E%ISTING MALBO%ES OR INSTALL X X % X .y. O K STA 2 8 3 px50 FT X - X X 06 650'RT X ra Y X STA 2/42834 6 Ri Xr U TEMPORARY MAILBOXES AS NECESSARY FCR CONSTRUCTION. Q ','.ROW C 5STA 4310 m� C 51252 �N o CT & a TC 60E95..: _ - §"=5 s`Ax' 4 8 A - '°; ' J iiOMPMA M NEALLHALL SHALLACONF AN Rio O PS! .. va,^rv. •L `F v *t '� P mL'neA' ' EOUREMENES ProOSformLneA MNANL' eJ 2EE CONUITLAYOUT SHEETFOR LLUMINATIONAND0RT S A 2 5332 11.50 RiR3A VE ANOD\POSE OOT EX ST NG FENCECOCA EDOWiHINNC)+8 5 c 5TC 5 2 fi 0 W HAiIS IN CONFLICTWITH PftOPOSYOIMPROVEMENTS, _ C ip P _ — NLESS MARKED OiHERIMSY MO PAY ITEM) ��--F_ =_�a ��- � �- -� E �g� 4 ' - - - —a57NR ROW CONTRACTOR S RE PONSBLE FOR CON TRU TNG ALL � � d. S S C Exsw6 5., f i- PROP DCH GRADE i0 DRAIN 010R to I_ SIDEWALKS&BARRIER FREE RAMPS PER DEALS AND IN _ _ _ FEDERAL WITH THE LATEST TDLR AND FEDERAL ADA (scE csos;sro ory] Iz STA 2748832 150 Li REQUIREMENTS ALL 4 WIDE SIDEWALKS SHALL NAVE A G IN 51323 PASSING LANES B 200 MAX AND 555 MIN.LANDINGS o * _ 5 CONTRACTOR SHALL ADJUST ALL EXISTING FIRE HYDRANTS.STA 2,002d 38.556 PT ' - I WATER VALVES AND WATER METERS TO PROPOSED GRADE TA STORM INLET (SEE STORM SEWERWER SHEET)E I 6.CONTRACTORSHALL PROVIDE ALL WEATHER ACCESS TO ALL PROPERTIES UR NG CONSTRUCTOR(NO PAY ITEM). Proposed Afmos Gas Esmt FOR Wylie-FB,Ltd Proposed Atmos Gas Esent z ALL EASTNG DRAINAGE PIPE AND STRUCTURES SHALL BE . . REMOVED UNLESS OTHERWISE NOTED. (SEE STORM SEWER SHEEN) Vol.5849.Pg.1]]B 8.ALL DRIVEWAY CURB RETURNS SHALL HAVE 10 RADII UNLESS OTHERWISE NOTED. Survey Control: COMM./L 07101,01.#3 e.NoN Roo romp cavma 02 CONTROL 14 515 _ E,Isuno Grade 50'LL m 36.c'LL&RI 515 AM 70476.52 fi e "`? rEEN-S.N,e LASTING= �4400 usbng Credo 50 RI.� Alignment ss Data: X 1 V i 1 — -1 I— 4 - - I- - x g _ rt g BALLAFD AVE AMBIENT DATA1n 510 N - `— _ _ —�' �i I _ — N STOW NWTINO EASM1W MOWN DEM 510 Q ;CC 154,75]on5768437 1506802 5X,,.e, R I 505 2 2 505 J J PC 1 NJ ,ass,o,,,m.,roe zvazx,zo8`d'°"5 PG/ 500 g 500 BAL LARD AVE CURVE DATA Th aWYE NM LEM LENCM MINOT 495 495 , „xnaa a,.,�E, ,.,d 3, m IT IT IT IT IT IT T 23+00 24+00 25+00 26+00 27+00 28+00 A1ISC.INFORM I\TION R[A'ISIL)N DI\T[ NASCRI on PRELIMINARY-100% FOP REVIEW ONLY Ballard Avenue Improvements P ereate RPo�'nq reed RLK ENGINEERING N(,1NC �I Dallas/CoWu Cou0 ,(0 Alaurs DIE, C e MWEIW III 11 es1 M ,St Au Tex Isms PAVING PLAN&PROFILE ceerrete s aeweik ElliMENEMEIMM (972)3591713 Off STA23+99 TO STA2800uneele FILE DR 5xeE1 (972)3591833 Fax JONN EELLo P.E. \ 7BXAS REGISTRATION NO.579 seril k 102022 Tee PEER lu< r�. n,vl5 , I.1,u x I 9 oY 140 Morch 20 5 Chcya&Claud,Tapp \\ I STA 29 0320 6061'Li CI de L &Babble J Montgomery STA 31+10.69 67.03'Li STA 3,22.69 67.05 Li STA 32+,86 566b Li fi Li,_ mn Er NOTE Mnfrn E,:sfn9 9 Mnfe�E,:19 I,n E ' Vol.2398.Pg.292 \ I MafcA E sting x Vc 4850.Pg 865 iP 5v5,+ TP iP I66 P-5,6+ PRIOR TO ANY CONSTRUCTION ACTIVITIES IT SHALL iP 5 St BE THE RESPDNSBLITY OF THE CONTRACTOR TO STA 26 91.65 5765'Li p Molch E slng \ I STA 29+NREE 52.00 Li TPfg>�sT +2269 926 Li VERIFY ALL UTILITY LINE LOCATIONS IN THE AREA.THE iP 5I4.83 iP 51402 SA3 069 d63D'Li p 55.58 <fi.50 LT 5 REPRESENTS T&s # P 5 5 8ci h+. ANDLIN EN STA 28+9221 5200'L \ .STA 29+0521 6.50 CT :. TCA 55 36 50' T , 9i SCA 3515 799 3650 Li _ \ H,9 CA 52 3650 LT 0 R FIELD SURVEY AND MAY NOT INCLUDE ALL S. APPROXIMATE LOCATIONS FROM MAPS ®5 91,09 cM AP 514 09 fN 51353 - 15919.POW - 16aa rx ' STA 28 9221 4650 Li - 3 u \ t, \ f� aR iP=53D 1 $ \v/yam- � , O sfa SA 264 82 21,3650 L MP1I, UG/'ka �� \ �H LINEGUTTER ryP STA 31+49]6 3B.50 Li ' ' 6. DRM INLE A„ a g iC 513 77 3 50 LT e (SEE STORM SEWER SHEET) N l TO 3.4 SA 28382,650E .^ E 62 Q \ 500 R 250 a.L 5006 00 L + DD -`; 00 y w 33- 20 10 a 20 40 C90W W BALLARD AVENUE i 00�250O,L 2+00 30+ '� 31+ 2 J x X cw X X X mo N 44-nb9 E r' zc CONSTRUCT LANDSCAPE STA 28A87 86 5D LT MAINTENANCE RAMP c 514 02 Z PAVING SHEET NOTES: x x.— r _,42,� , x x< r M,... /, , x.. t x,n�Nc„„,x x x r --x x - T' — Ts sT rvc;� x- v.CONTRACTOR TO RELOCATE EXISENc MAILBOXES OR INSTALL u, mN me, � _ i TEMPORARY MAILBOXES AS NECESSARY FOR CONSTRUCTION. N "" e A' NEW MAILBOXES SHALL BE INSTALLED POORTO PROJECT w � Prop form roe n _ Im�l •... - EEENQD., ALL WORK SHALL CONFORM TO USPS _ - LIENTS 2 OBEBOPMC CONDUIT LOCATIONNDUIT LAYOUT SHEET S (NSTALLPRIORNTO PAVING) __ _____ — — ate_ _ a _ - _ z a -- a�a — __ _ ag — —�4 =�---- as .� --- � saw= _ _� --� 3.REMOVE AND DISPOSE OF EXISTING FENCE LOCATED WITHIN T s -sa s _ — — ROW THAT IS IN CONFLICT(NO PROPOSED IMPROVEMENTS, -[ss*rvc r+ory r DROP D CH DE D RRAN®109 PROPOSED ROW UNLESS MARKED OTHERWISE(NO PAY ITEM)FOR UCT NG ALL �PRD CN GRADE0 DRAM 0% - - SIDEWALKS&BARRIER FREE RAMPS PER DETAILS AND IN ( rms9.ffci s) . ACCORDANCE WITH THE LATEST TD.R AND FEDERAL D.A H I L A"' n- + -. ' - REQUIREMENTS ALL 4 WIDE SIDEWALKS SHALL HAVE $ o, STA 39+5024 3850'Ri PASSING LANES D 200 MAX AND 5%5 MIN.LANDINGS 7 CONSTRUCT STORM INLET A-13 1AVW88 (ONOLITHIC CURB ON (SEE STORM SEWER SHEET) WATER VALVES AND WATER METERS i0 PROPOSED GRADE l �'LIME TREATED SUBGI2ADE 1 Proposed_AtmoS Cos Esmt. -- 6.CONTRACTOR SHALL PROVIDE ALL WEATHER ACCESS TO ALL Proposed Afmos Cos Esmt ---- CONSTRUCTION(NO ITEM) PROPERTIES EMS,. ISI,NG DRAINAGE OPAND s u PA Wylie-FB.LI REMOVED UNLESS OTHERWISE NOTED. CTURES SHALL BE Vol 5849.Pg.'I]]8 6.ALL DRIVEWAY CURB RETURNS SHALL HAVE 10'RADII UNLESS OTHERWISE NOTED. __ Survey Control. COW /L coxnrtt/s DJ� ` F' . A.0--040 '/6 mos Roo romm = 00.00 ,, 'Vs III ,,,,,-d9 25ee53v.2roa cEV-5299J 2.0I0I C6Y11201./2 CCNN20L 04 +/2"oanzro oauuo 96 x 520 NORTHINGS,II- �aa1364 - J4400 E.,nn9;rode 50 L Emit trade s0'RI. 520 ,� Alignment e Data: O >I'I I Io / I - — — —'— I- — /_ O BALLAFD AVE AUCVNEIT DATA' — _ = = _ 060% STOW WMNG ESM1 O,FCNON MSC 515 N 0 515 W — _ r \ W Z Z 510 J p,apase&pcL nc 365'u&RL) J) 510 Q 505 ' BALLAFD AVE CURVE DATA ' 505 g GWN: RAMS ORM LIMN iARQNi 500 500 „ease• nT.,�I, ,.,e o'/ li 28+00 29+00 30+00 31+�00 32+�00 33+00 MI SC.IN<:6RAII\THIN RF V ISION DI\T[m DFSCRI'TIIN PRELIMINARY L00% {/♦� Ballard Avenue Improvements P nere8 R reed RLK ENGINEERING INC Danes/Co1Lel CouelLyL .Lo Aleens lhlve ff C te Pcvng MWEIW III 11 S Allen lie e,s 75013 PAVING PLAN&PROFILE � 1EL li RUM, DR.MG FILE Concrete Sidewalk (972)6,917isorr '°�d<5"aoS sanza+oo TO STA 33 00 996 (972)ass 1833 Fax JOHNr EELLa P.E. \ TEXAS RDCIS7RA77ON NO 579 Seal cF 2c 5 02022PEER cr lee IR r�. n,vlr IIL<1.11, 10 OF I40 Claude L.&Bobbie J Montgomery N STA 3+09.22 5330 LT \ \ V 4332 P s436uinoo NOTE!! 1 STA y3+00 i1 56.66'Li Vol.4850,Pg.865 CONSTRUCQ 8"REINFORCED CONCRETE Ipof ch EH., 0 STA 3 Li PRIOR TO ANY CONSTRUCTION ACTIVITIES IT SHALL 54-0 PAVING ✓I 6 MONOLITHIC CURB ON Mgt. 3 0 6 4 50 Li ' \ P 20 3 Mafeb E ESPONSR uiY OF THE CONTRACTOR TO R g T'Lime TREATED SUBGRADE g VERIFY ALL uTWTr LINE LOCA WOWS IN THE AREA.THE P 6 + INFORMATION SHOWN ON THESE PLANS REPRESENTS CONSTRUCT 4.0'WIDE TP 4'REINFORCED CONCRETE SIDEWALK STA 36 9.H 3850 Li STA 3T+0922.50 Li \ STA 3 2522 5027.Li FEPD OSURVEV A�0 M \01°NCLUOE AL�LONE TPA 234.01. , 516.80 6 I \ M (SEE STORM SEWER SHEET INLET A-11 iP 5193 TP 982 I I S. STA 33♦Il b 36.50 Li ,G� STA 36409 22 36 50'LT STA 37+2522 4650 Li iC 596.89 `` \ EAR TC 59 )60.6. TP 51943 —405*2.00— AR ) ux: +3 2\6 0'Li N N W m� M=519.77 \ IN CO 20 10 0 36+00 37+00 ,.. 38_ (n 20 a0 W 00 I 34 UD \-. wW 35+00 — — LIJ ... _ /- PAVING SHEET NOTES: U 7 TLeox CEsBr Ni u~ x Xx x x SHALLINSTALLED PRoR To PROJECT......CC ' + x x xti ALL CONFORMa{ x x " I- x an r x � r PaaRSiprm uoe A" E $x „"—"� - N 2 SEE CONDUIT LAYOUT SHEET FOR ILLUMINATON ANDa9 Pop Slum L re A L FIBERGPP0 CONDUIT LOCATIONS (INAALL PRIOR TO PAVING) MEW� taigr, _ __ PROVEMEN$ 3.REMOVE AND DISPOSE OF EX SING FENCE LOCATED WITHIN # ft.OW THAT IS IN CONFLICT WITH PftOPOSEO IM i UNLESS MARKED OTHERWISE(NO PAY ITEM). _- - — ROW PROPOSED mNTRAcioR s REsaoNNAB FOR cONsauA Au __ _� t _ —' 4 ACCORDANCE N enHRITH FREE RAMPS PER AND FED ANo w PROPOSED RUIN f—PROP.D CH GRADE to RAIN®0T9 r PROP OITCN GRAD 0 GRAIN OT% ACCORDANCE WITH THE LATEST iEWALK AND FEDERAL ADA. [s[cwoss SECTia<.rs) REQUIREMENTS ALL 4 WIDE SIDEWALKS SHALL HAVE PASSING LANES @ 200 MAX AND 555 MIN LANDINGS STA 36+5022 3850'Ri 5 CONTRACTOR SHALL ADJUST ALL EXISTING FIRE HYDRANTS, STORM INLET q 2a 50 R _ CONSTRUCT 8 REINFORCED CONCRETE WATER VALVES AND WATER METERS i0 PROPOSED GRADE (SEE B SEWER SHEET) PAVING WITH 6"MONOLITHIC CURB ON \ STORM INLET A 10 6.COMRACTOROSHALL PROVIDE ALL WEATHER ACCESS To ALL LIME TREATED SUBGRADE (SEE STORM SEWER SHEET) - T gF�ExRPES ST NB DRAINAGE PPE ANOURNO NS\RucNO PURESAY EsriAu BE Proposed Aimos Gas Esmt. REMOVED UNLESS OTHERWISE NOTED. Proposed A os Cos Emf. Wylle-F&Lfd. 8.ALL DRIVEWAY CURB RETURNS SHALL HAVE 10'RADII UNLESS Vol.5849.Pg 1778 OTHERWISE NOTED. Survey Control: COMM.f CCNTRNV/s K= 00.43 Oro-<,44e rlro-529. CWYTRa 02 CONTROL/4 I0.00° STA lane ero FOUND 7-4 1500 �34Y as 525 525 EAL.Grade 50 R1. 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BEGIN CURVE BA-I re \� - 6.CONTRACTOR SHALL PROVIDE ALL WEATHER ACCESS i0 ALL STA dOf2 ryp5 Wylle-FB.Lfd. fUPosec/- " 4 -52361 PROPERTIES OURNG CONSTRUCTOR(NO PAY ITEMH. Vol.5849,Pg.1778 O9 Dos mf C 522 ry STA 41 56 6 5 0 R Mary EleonOr SfOne Hawrey T-ALL EX STNG ORAINAGY PIPE ANDS UCTURES"ALL OE - -SIA 40455• 6552'FT . S A 549227 64.48 STORM NLE A 8 Vol.531 PA 595 REMOVED UNLESS OTHERWISE NOifO. L. 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I 12 oY IZ8 MorcF 21115 lee II, nvIsI IL<uw'I Wylie City Council CITY F OF AGENDA REPORT ....................err........................................................_. Meeting Date: 4-14-15 Item Number: 2 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 4-6-15 Budgeted Amount: Exhibits: 1 Subject Consider and act upon approval of a Chapter 380 Economic Development Program and Agreement between the City of Wylie and Wylie Economic Development Corporation. Recommendation Staff recommends approval of a Chapter 380 Economic Development Program and Agreement between the City of Wylie and Wylie Economic Development Corporation. Discussion The Wylie Economic Development Corporation (WEDC) has approached City staff and requested participation by the City in a program designed to redevelop and enhance properties located on South Ballard Street more specifically identified as 505, 507, 601, 603, 605, and 607 South Ballard Street. The properties are owned by the Birmingham Land Trust(the Trust) and currently are being utilized as single family and multifamily rental homes. The WEDC has negotiated a purchase price of$402,000 with the contract calling for the Trust to remove all structures from the property prior to closing. While the WEDC recognizes that commercial redevelopment in the area is not imminent, this proactive approach ensures that the existing use will be discontinued and provide a more conducive environment for redevelopment not only of the properties being acquired, but also commercial holdings on the west side of Ballard as well. The Chapter 380 Agreement as attached calls for the City of Wylie to participate equally with the WEDC in the acquisition of the property (including demolition) with the WEDC being 100% responsible for a demolition management fee to the Trust and all closing costs. The WEDC will be responsible for marketing the property for sale to a developer(s), following said sale the WEDC will convey 50% of the proceeds to the City. Page 1 of 1 CITY OF WYLIE, TEXAS CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT This CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT ("Agreement") is made and entered into by and between the City of Wylie, Texas, a home-rule municipality ("City"), and the Wylie Economic Development Corporation, a Texas corporation ("WEDC"). City and WEDC are sometimes referred to collectively as the "parties" or individually as a"party". WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City and its citizens to encourage programs, including programs for making loans and grants of public money to promote local economic development and stimulate business and commercial activity in the City pursuant to Chapter 380 of the Texas Local Government Code, as amended ("Chapter 380"); and WHEREAS, WEDC intends to purchase six (6) tracts of real property, generally known as 505 S. Ballard Ave., Wylie, Texas 75098; 507 S. Ballard Ave., Wylie, Texas 75098; 601 S. Ballard Ave., Wylie, Texas 75098; 603 S. Ballard Ave., Wylie, Texas 75098; 605 S. Ballard Ave., Wylie, Texas 75098; and 607 S. Ballard Ave., Wylie, Texas 75098 (collectively, "Properties"); and WHEREAS, upon its acquisition of the Properties, WEDC intends to market and promote the Properties for sale with the objective of attracting one or more purchasers who will redevelop the Properties and stimulate business and commercial activity in the City; and WHEREAS, WEDC has requested the Grant (hereinafter defined) from the City to assist WEDC in its acquisition of the Properties and to market and promote the sale or transfer of the Properties for redevelopment; and WHEREAS, the City Council has investigated and determined that WEDC meets the criteria for the City's agreement to provide the Grant, pursuant to Chapter 380, based on, among other things, WEDC: (i) purchasing the Properties and marketing, promoting and selling or transferring the Properties to one or more purchasers for redevelopment; (ii) encouraging the addition of taxable improvements to real property in the City; (iii) encouraging the addition of taxable business personal property in the City; and (iv) encouraging the creation of employment opportunities for the citizens of the City("Approved Project"); and WHEREAS, the City Council has concluded that the Approved Project qualifies for an economic grant under Chapter 380, and is willing to provide WEDC with economic assistance in the form of the Grant as described herein, and WEDC is willing to accept the same, subject to all terms and conditions contained in this Agreement; and WHEREAS, WEDC acknowledges and agrees that the Grant as described in this Agreement is strictly contingent on its compliance with this Agreement in accordance with the terms and conditions contained in this Agreement. Chapter 380 Economic Development Program and Agreement—WEDC Page 1 of 7 666233.3 NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Findings Incorporated. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. 2. Chapter 380 Grant. Subject to the terms and conditions of this Agreement, the City will provide to WEDC economic assistance in the amount of Two Hundred Two Thousand and 00/100 Dollars ($202,000.00) ("Grant") within forty-five (45) days of the Effective Date (hereinafter defined) of this Agreement. 3. Criteria to Qualify for Grant. To qualify for the Grant, WEDC shall: (a) Acquire each of the Properties in fee simple; (b) Upon acquisition of the Properties, market and promote each of the Properties for sale or transfer to one or more purchasers for redevelopment; (c) Sell or transfer each of the Properties acquired by WEDC to one or more purchasers or transferees who have demonstrated that such purchaser(s) or transferee(s) are capable of, and have feasible plans for, successfully redeveloping the property(ies) sold or transferred to such purchaser(s) or transferee(s) within thirty (30) years of the Effective Date of this Agreement; and (d) Within thirty (30) days of the closing of the sale or transfer of the Properties (if sold or transferred in the same transaction) or of the closing of the sale or transfer of the final tract of the Properties (if sold or transferred separately), whichever is later, reimburse the City in an amount equal to fifty percent (50%) of the total amount of the aggregate sales price of the Properties, minus the amount of actual expenses incurred by WEDC for the marketing,promotion and sale or transfer of the Properties. 4. Default and Recapture. (a) In the event that WEDC breaches any of the terms or conditions of this Agreement and fails to cure the same, then WEDC shall be in default. In the event that WEDC defaults in its performance, then the City shall give WEDC written notice of such default, and if WEDC has not cured any such default within thirty (30) days of said written notice, this Agreement may be terminated by the City and the City shall be entitled to a reimbursement equal to the amount of the Grant tendered to WEDC ("Reimbursement"), Chapter 380 Economic Development Program and Agreement—WEDC Page 2 of 7 666233.3 without prejudice to any rights or remedies the City may have at law or in equity. The City also shall be entitled to any other remedies available at law or in equity. WEDC shall provide the Reimbursement to the City within seven (7) days of written notice of written notice requesting the Reimbursement. (b) On the occurrence of default by the City, WEDC shall give written notice of such default, and if the City has not cured the default within thirty (30) days of said written notice, this Agreement may be terminated by WEDC. WEDC shall have the right to seek specific performance of this Agreement as its sole and exclusive remedy. 5. Verification and Compliance. To the extent the City does not already have such rights, WEDC will allow the City to audit, if necessary, all of WEDC's records, documents, agreements and other instruments in furtherance of the following purposes to the extent such documents reasonably relate to the matters herein: (i) to ensure WEDC's compliance with the affirmative covenants set forth in this Agreement; (ii) to determine the existence of an event of default under the terms of this Agreement; and (iii) to ensure compliance with any other terms and conditions set forth herein or any related documents. The City will provide WEDC with written notice of any request for an audit and shall cooperate with WEDC to schedule audit activities during WEDC's normal business hours so as to minimize disruption to WEDC's normal business operations. 6. Limitation on Liability; Indemnity. It is understood and agreed between the parties that WEDC and the City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with this Agreement or any act undertaken hereunder. TO THE EXTENT ALLOWED BY LAW, WEDC AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ALL CLAIMS, SUITS, CAUSES OF ACTIONS, LIABILITIES AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, OF ANY NATURE WHATSOEVER ASSERTED BY A THIRD PARTY AND ARISING OUT OF WEDC'S PERFORMANCE OF THE CONDITIONS OF THIS AGREEMENT. 7. Exterior Maintenance. From the date of WEDC's acquisition of the Properties until the closing of the sale or transfer of the Properties by WEDC, the City shall mow and trim the grass and other vegetation at each of the Properties on an as- needed basis, as determined by the City in its sole discretion. The City shall have no other obligation to maintain the Properties. 8. Miscellaneous Provisions. (a) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be Chapter 380 Economic Development Program and Agreement—WEDC Page 3 of 7 666233.3 modified or terminated except under the provisions hereof or by the mutual written agreement of the parties. (b) Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties. (c) Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of this Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. (d) Assignment. This Agreement or any part hereof shall not be assigned by any party without the prior written consent of the other party. (e) Survival. Any of the representations, warranties, covenants and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. (f) Successors and Assigns. City and WEDC, and their respective partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives and administrators are hereby bound to the terms and conditions of this Agreement. (g) Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. The exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. (h) Execution; Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. (i) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties represent to each other 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 other party for whom the individual is signing this Agreement and that each individual affixing his Chapter 380 Economic Development Program and Agreement—WEDC Page 4 of 7 666233.3 or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (j) Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. (k) Headings. The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. (1) Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. (m) Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by facsimile; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to City, to: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6018 Facsimile: (972) 516-6026 Email: mindy.manson@w@ietexas.gov If to WEDC, to: WEDC Attn: Executive Director 250 S. Highway 78 Wylie, Texas 75098 Telephone: (972) 442-7901 Email: sam@wylieedc.com Chapter 380 Economic Development Program and Agreement—WEDC Page 5 of 7 666233.3 (n) Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. (o) Immunity. The parties acknowledge and agree that, in executing and performing this Agreement, City has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. (p) Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are incorporated into the body of this Agreement and adopted as findings of City and the authorized representative of WEDC. (q) Additional Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. (r) Miscellaneous Drafting Provisions. 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. (s) Undocumented Workers. WEDC certifies that WEDC does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the term of this Agreement, WEDC is convicted of a violation under 8 U.S.C. § 1324a(f), WEDC shall repay to the City an amount equal to all Grant payments tendered to WEDC under this Agreement and any other funds received by WEDC from City under this Agreement plus interest, at the rate of four percent (4%), not later than the 120th day after the date the City notifies WEDC of the violation. (t) No Joint Venture. It is acknowledged and agreed by the parties that the terms of this Agreement are not intended to and shall not be deemed to create a partnership or joint venture between the parties. Chapter 380 Economic Development Program and Agreement—WEDC Page 6 of 7 666233.3 (u) No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. (v) Time. Time is of the essence under this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below ("Effective Date"). CITY OF WYLIE, TEXAS, a home-rule municipality By: Mindy Manson, City Manager Date of Execution: ATTEST: Carole Ehrlich, City Secretary WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation By: Marvin Fuller, President Date of Execution: Chapter 380 Economic Development Program and Agreement—WEDC Page 7 of 7 666233.3 ! �� • Wylie City Council f AGENDA REPORT a ff'47k gat,,+A"' Meeting Date: April 14, 2015 Item Number: H (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: Date Prepared: April 9, 2015 Exhibits: Resolution; Ordinance Subject Consider and act upon a Resolution No. 2015-11(R) establishing Rules of Procedure for the Board of Ethics. Recommendation Consider approval of Resolution No. 2015-11(R) establishing Rules of Procedure for the Board of Ethics. Discussion Ordinance 2014-19 was approved by the City Council in 2014, and sets out ethical values and rules of conduct for City Officials. The Ordinance also created the Board of Ethics which is charged with issuing advisory opinions, waivers and hearing complaints related to possible violations of the provisions of the ordinance. The Ordinance states: "The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or inquiry and the person who is the subject of the complaint or inquiry." The Ordinance also sets out what is to be addressed by the Rules of Procedures. That criteria has been included, along with general guidelines for conducting the hearings and rulings. The rulings may range from a dismissal of the complaint to a recommendation for public censure and corrective action. If the Board finds that a violation of the Ordinance has occurred, it will put the findings in writing and make a recommendation to Council. The Rules of Procedure also includes rules that are fairly generic to all Council-appointed Boards such as selection of officers, quorum and minutes. Those rules have been based on the existing approved Bylaws for the Planning & Zoning Commission. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2015-11(R) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ADOPTING RULES OF PROCEDURES FOR THE BOARD OF ETHICS WHEREAS, the City Council of the City of Wylie desires for all of its citizens to have confidence in the integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Rules of Procedure for the Board of Ethics sets out the guidelines by which the Board of Ethics will review and act on all inquiries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The following rules shall govern the Board of Ethics: A. Creation and Membership The Board of Ethics (Board) is created by Wylie Ordinance 2014-19 and serves at the will of the City Council. The Board shall consist of five (5)regular members and two (2) alternates who will serve no more than one (1) term of two (2) years, with the exception of the inception to achieve staggered terms. The members will be resident citizens of the City and may not serve on any other Council appointed Board or Commission during their term. City of Wylie employees may not serve on the Board. The Board members are required to complete Open Meetings Act training and receive Certificate of Completion by the first ninety(90) days of first year appointment. B. Powers and Duties of the Commission In response to an inquiry, the Board shall issue advisory opinions and waivers on ethical issues arising under Ordinance 2014-19. In response to a complaint, the Board shall issue findings and recommendations to the City Council regarding alleged violations of Ordinance 2014-19. C. Officers The Board shall select from among its members in the first meeting (and at such other times as these offices may become vacant), a Chairperson and Vice-Chairperson to serve for a period of one (1)year. In the absence of both the Chairperson and Vice-Chairperson, the Commission shall elect an Acting Chairperson. D. Officers Duties The Chairperson shall preside over all meetings and perform all duties as required by law. The Vice-Chairperson shall assume all duties of the Chairperson in the absence of the Chairperson. E. Quorum A quorum shall consist of three (3)members. No matters may be handled without the presence of a quorum and all votes shall be by a majority of members present. Resolution No.2015-11(R) Adopting Rules of Procedures for The Board of Ethics F. Conflict of Interest Should any member of the Board feel they have a conflict of interest with an agenda item before the Board, they should fill out a conflict of interest form prior to the meeting and openly declare same before discussion proceeds. The member is thereby prohibited from discussing the item or voting on the question. G. Abstention Should any member of the Board choose to abstain from voting on any question before the Commission, where no declared conflict of interest exists, their vote shall be recorded as an affirmative vote in the official minutes of the City of Wylie. H. Agendas An agenda shall be prepared by the City Manager or his/her designee for each meeting of the Board. The agenda shall be posted as required by law seventy-two (72) hours prior to the meeting. L Meetings The Board shall meet as necessary at 6:00 pm in the Council Chambers of the Wylie Municipal Complex, unless noted otherwise. All meetings shall be open to the public, and the public is encouraged to attend. The unexcused absence of any Board member from three (3) consecutive regularly scheduled meetings, unless excused by the Board for good and sufficient reason as determined by the Board, shall constitute a resignation from the Board. All meetings shall be held in full compliance with the provision of state law, ordinances of the City and these rules of procedure. J. Minutes of Meetings Minutes of all meetings shall be kept by the City Secretary, and are subject to amendment and ratification by the Board at a regular meeting. The minutes of the Board proceedings shall show the overall vote or if absent or failing to vote, shall reflect that fact. K. Complaint or Inquiry Form Complaints or inquiries shall be in writing on a form approved by the Board. Complaints or inquiries shall be signed and show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The complaint or inquiry shall describe the facts that constitute the violation of the code of ethics in sufficient detail so that the Board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged. L. Complaint or Inquiry Process 1. The Board or its designee will not accept complaints or inquiries about actions that took place or became known to the complainant more than 6 months prior to the date of the filing of the complaint. Resolution No.2015-11(R) Adopting Rules of Procedures for The Board of Ethics 2. The Board or its designee shall notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed. The notification shall include a copy of the full complaint or inquiry; a copy of any portion of Ordinance 2014- 19 that is alleged to have been or that may be violated; and the Board's rules for dealing with complaints or inquiries. The Board or its designee shall provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. 3. The distribution to the public of a complaint or inquiry prior to screening by the Board as required could harm the reputation of an innocent person and is contrary to the public interest; therefore, the public release of the complaint or inquiry shall be prohibited until the screening process has been completed. 4. Prior to the review by the Board, the City Attorney shall first determine: a. If the Board has jurisdiction over the alleged violation; and b. If the alleged violation, if true, would or would not constitute a violations of Ordinance 2014-19. M. Action of the Board The Board shall meet within thirty-one (31) days of receiving a complaint or inquiry to screen the complaint or inquiry. The Board shall schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry. The Board may alter the time line upon the request of the subject of a complaint or inquiry for more time to prepare. 1. The Board may immediately dismiss a complaint or inquiry if: a. The alleged violation is a minor or de minimis violation; b. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment; c. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected officials or board/commissions member; d. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under Paragraph F of Section 7 of Ordinance 2014-19 permitting the conduct. e. The person committed the violation due to oversight and comes into voluntary compliance; f. The person who submitted the complaint or inquiry does not appear at hearing and if, in the opinion of the board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. 2. If the Board dismisses a complaint or inquiry, the reason for dismissal shall be in writing, submitted to the person who submitted the complaint or inquiry, and made available to the public. Resolution No.2015-11(R) Adopting Rules of Procedures for The Board of Ethics N. Hearings The board shall have hearings at meetings, which are open to the public, on complaints or inquiries which have not been dismissed pursuant to paragraph G of Section 7 or resolved under paragraph F of Section 7 of the Ordinance 2014-19. The Board shall allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The Board shall give the person who submitted the complaint or inquiry and the individual who is subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing. Hearings will be conducted following the general guidelines listed below: 1. Introduction of agenda item by the Chairperson; 2. Report by the City Manager, City Attorney or designee; 3. Presentation by complainant; 4. Presentation by the individual, or their representative,who is subject to the complaint; 5. Questioning by the Board of the complainant; the individual, or their representative, who is subject to the complaint; witnesses with information relevant to the complaint; 6. Commission query of Staff; 7. Commission discussion and action pertaining to the issue of the hearing. O. Evidence Only relevant evidence and testimony will be received. Information and other physical evidence should be submitted to the Chairman of the Board or designee prior to the meeting. Any Board member having new factual information regarding agenda items shall make that information known to all Board members. P. Deliberations and Findings Deliberations on complaints or inquiries are to be conducted in open session. Board members who have not been present for the hearing shall not participate in formulating a finding or recommendation. In determining their findings or recommendations, the Board shall: 1. Base a finding of a violation upon clear and convincing evidence. 2. Take into consideration the severity of the offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern. 3. Have the option to issue an advisory opinion in response to a complaint or inquiry,in lieu of making findings and recommendations,where deemed appropriate. If the Board finds that a violation of Ordinance 2014-19 Section 5 or Section 6 has occurred, it shall make one of the following recommendations to Council: Resolution No.2015-11(R) Adopting Rules of Procedures for The Board of Ethics 1. If the Board finds that the accused has committed a minor violation, the violation was unintentional, and the accused fully cooperated with the investigation, the Board may issue a notice titled "Notice of Minor Violation" and shall state the findings of the Board. 2. If the Board finds that the accused has committed a major violation, acted intentionally, or failed to cooperate with the investigations, the Board may issue a notice titled "Notice of Public Censure", and shall state the findings of the Board. 3. If the Board feels that corrective action may be necessary, it must make its recommendations to Council in writing. All findings shall be in the form of a motion. A motion to approve any matter before the Board or to recommend any action shall require a majority favorable vote of the members present. Failure of the Board to secure a majority concurring vote to approve or recommend action shall be recorded in the minutes as a failed motion. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED this the 14th day of April, 2015. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2015-11(R) Adopting Rules of Procedures for The Board of Ethics ORDINANCE NO. 2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; 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 of Wylie desires for all of its citizens to have confidence in integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Offices. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. Section 1. Definitions. In this article: Administrative Board means any board, commission, or other organized body: (1) That has, by law, final decision-making authority on matters within its jurisdiction and that is either: (a) established under the City Charter or by city ordinance, or (b) whose members are all council members or are appointed or confirmed by the City Council; or, (2) Created as a non-profit economic development corporation by the City Council under the authority of the Development Corporation Act of 1979, as amended. Advisory Board means a board, commission, or other organized body other than an Administrative Board, that was created by an act of the City Council whose members are appointed or confirmed by the City Council and are charged with making recommendations to the City Council on matters within its jurisdiction. City Official means a member of the City Council, an Administrative Board, or an Advisory Board. Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an "Economic Interest" in the Ordinance No.2014-19—Code of Ethics Page 1 of 11 property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, City Attorney and/or his law firm, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City." Official Action means: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an Official's duties; or (2) any failure to act, if the Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the Official. Review Panel means the body charged with reviewing and acting on complaints and requests for declaratory relief filed under this article. Section 2. Covered officials. The rules of ethical conduct contained below apply generally to City Officials unless otherwise specified. Section 3. Officials required to comply with both state and local law. Where a City Official's conduct is regulated by a provision of this article and a similar provision of state law, and it is possible to comply with the requirements of both,a City Official shall comply with both. Section 4. Education. The City shall provide training and educational materials to City Officials on their ethical obligations under state law and this article. Such training shall include at least one formal classroom session in each calendar year.All City Officials shall must annually attend the formal training session offered by the City or equivalent training sessions conducted by the Texas Municipal League or similar organizations. The City also shall prepare and distribute written materials on the subject to each City Official at the time of his or her election or appointment to office. Section 5. Ethical values. It is the official policy of the City that: (A) City Officials shall be independent, impartial, and responsible to the citizens of the City; (B) City Officials shall not have a financial interest, and shall not engage in any business, transaction, or professional activity, or incur any obligation that conflicts with the proper discharge of their duties for the City in the public interest. Ordinance No.2014-19—Code of Ethics Page 2 of 11 (C) The principles of personal conduct and ethical behavior that should guide the behavior of City Officials include: 1. A commitment to the public welfare; 2. Respect for the value and dignity of all individuals; 3. Accountability to the citizens of the City; 4. Truthfulness; and 5. Fairness. (D) Under such principles of conduct and ethical behavior, City Officials should: 1. Conduct themselves with integrity and in a manner that merits the trust and support of the public; 2. Be responsible stewards of the taxpayers' resources; and 3. Take no official actions that would result in personal benefit in conflict with the best interests of the City. (E) To implement the principles of conduct and ethical behavior set out above, the City Council has determined that it is advisable to enact rules of ethical conduct to govern City Officials. It is the purpose and intent of City Council to assure a fair opportunity for all of the City's citizens to participate in government, to adopt standards of disclosure and transparency in government, and to promote public trust in government. Section 6. Rules of Ethical Conduct for City Officials. The rules of ethical conduct contained below, are intended not only to serve as a guide for official conduct, but also as a basis for discipline of City Officials who do not abide by them. (A) Appearance on behalf of private interests of others. (1) A member of the City Council shall not appear before the City Council, an Administrative Board or an Advisory Board for the purpose of representing the interests of another person or entity. However, a member of the City Council may, to the extent as otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. Ordinance No.2014-19—Code of Ethics Page 3 of 11 (2) A City Official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the body on which the City Official serves. However, the City Official may, to the extent as otherwise permitted by law, appear before any such body to represent the City Official's own interests or the interests of the City Official's spouse or minor children. (B) Misuse and disclosure of confidential information. (1) It is a violation of this ethics code for a City Official to violate V.T.C.A., Penal Code,§ 39.06 (Misuse of Official Information), as amended. (2) A City Official shall not disclose to the public any information that is deemed confidential under any federal, state, local law, or council rules, unless required by law. (C) Restrictions on political activity and political contributions. (1) No City Official or candidate for City Council shall meet with any employee or group of employees of the City for political campaign purposes while such employees are on duty. (2) No City Official shall, directly or indirectly, coerce or attempt to coerce any City employee to: (a) Participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or (b) Refrain from engaging in any lawful political activity. (3) The following actions by City Officials are not prohibited by this section: (a) The making of a general statement encouraging another person to vote in an election; (b) A solicitation of contributions or other support that is directed to the general public or to an association or organization; and (c) The acceptance of a campaign contribution from a City employee. Ordinance No.2014-19—Code of Ethics Page 4 of 11 (4) No City Official shall use, request, or permit the use of City facilities, personnel, equipment, or supplies for the creation or distribution of materials to be used in a political campaign or for any other purpose in support of a political campaign. However, meeting rooms and other City facilities that are made available for use by the public may be used for political purposes by City Officials under the same terms and conditions as they are made available for other public uses (D) Use of cell phones or electronic devices during meetings. City Officials shall refrain from using cell phones or electronic devices during a meeting unless it is for the purpose of accessing agendas and information relevant to the agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials shall step out of the meeting. Text messaging, emails and other written communications shall not be sent during a meeting unless it is an emergency. (E) Use of City letterhead and logo. The City's name, letterhead and logo are not to be used for non-City business or purposes. City Officials shall not use the City letterhead or other materials for personal correspondence, in connection with non-City business such as personal fund raising for charitable causes, endorsements, or other types of personal business. Section 7. Board of Ethics. (A) Creation and appointment. There is hereby created a Board of Ethics to consist of five members and two alternates. The purpose of the Board shall be to issue advisory opinions and waivers on ethical issues arising under this article and to hear inquiries or complaints and issue findings and recommendations regarding alleged violations of this article. Prospective Board of Ethics members shall be interviewed by the entire City Council. (B) Qualifications. (1) All members must live within the city of Wylie city limits. (2) Members may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. (3) No City of Wylie employee can be on the Code of Ethics Board. Ordinance No.2014-19—Code of Ethics Page 5 of 11 (C) Terms of appointment. No Board of Ethics member may serve more than two (2) consecutive years (with the exception of the inception to achieve staggered terms.) (D) Removal. The unexcused absence of any member of the Board of Ethics from three (3) consecutive meetings, unless the Board has excused the absence for good and sufficient reasons as determined by the Board, shall constitute a resignation from the Board. A member may be removed for inappropriate conduct before the expiration of the member's term. Before removing a member, the Board of Ethics shall specify the cause for a recommendation of removal and shall give the member the opportunity to make a personal explanation. Then the recommendation shall be brought to the City Council for an official vote by Council. If the recommendation is regarding a City Council member that member shall be exempt from the vote. E. Consultation with city attorney. The Board of Ethics may consult with the city attorney or a designee of the city attorney regarding legal issues which may arise in connection with this article and may request advisory assistance from the city attorney in conducting hearings on inquiries during any stage of the process. F. Advisory opinions and waivers. (1) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request to the Board of Ethics for advisory opinions on whether any conduct by that person would constitute a violation of the Code of Ethics. The Board of Ethics shall render an advisory opinion pursuant to written rules adopted by the Board, but in no case shall the Board take longer than six (6) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an expected issuance date. (2) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request for a waiver of any provision of the Code of Ethics. The Board of Ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the City. The Board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The Board shall Ordinance No.2014-19—Code of Ethics Page 6 of 11 either issue or deny the waiver within six (6) weeks of receiving the request. G. Complaints or inquiries to the Board of Ethics. Any person may file an official written complaint or inquiry with the Board of Ethics asking whether a current elected officials or board/commissions member has failed to comply with this code of ethics. Prior to review by the Board of Ethics, the city attorney shall first determine the following: (1) If the Board of Ethics has jurisdiction over the alleged violation, and; (2) If the alleged violation, if true, would or would not constitute a violation of this article. Subject to the rules adopted by the Council pursuant to section 7.H., the Board of Ethics shall: (1) Conduct a hearing in a meeting, which shall be open to the public on all official written complaints or inquiries which have not been dismissed pursuant to paragraph G of section 7 or resolved under paragraph F of section 7. (2) Except as otherwise provided in this article, make public written findings and recommendations, if any, on complaints or inquiries. Board findings should characterize the seriousness of the violation, if any. (3) The City Manager or the City Attorney shall inform the person who is the subject of the complaint or inquiry and the person who submitted the complaint or inquiry of the Boards' findings, and recommendations; and (4) If the Board feels corrective action may be necessary, it must make its recommendations to the City Council in writing. The Board may propose actions appropriate to the finding, ranging from a recommendation that the person abstain from further action on the matter or seek a waiver, to adopting a resolution reprimanding the person. (H) Procedures for complaints or inquiries. The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or Ordinance No.2014-19—Code of Ethics Page 7 of 11 inquiry and the person who is the subject of the complaint or inquiry. In addition to rules which the Board may in its discretion adopt,the rules shall: (1) Establish time lines for all aspects of its handling of complaints or inquiries. The time lines shall be sufficiently long to enable a person who is the subject of a complaint or inquiry to have adequate time to understand the complaint or inquiry and prepare a response. The rules shall allow the Board to alter the time lines upon a request of the subject of a complaint or inquiry for more time to prepare; (2) Require the complaint or inquiry to be in writing on a form approved by the Board, to be signed, and to show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The rules shall require the complaint or inquiry to describe the facts that constitute the violation of this Code of Ethics in sufficient detail so that the Board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged; (3) Prohibit the Board from accepting complaints or inquiries about actions that took place or became known to the complainant more than six (6) months prior to the date of filing; (4) Require the Board to notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed. The rules shall require the Board to provide the notification in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed. The rules shall require the notification to include a copy of the full complaint or inquiry; a copy of any portion of this article that is alleged to have been or that may be violated; and the Board's rules for dealing with complaints or inquiries; (5) Require the Board to provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of a complaint or inquiry prior to screening by the Board as required in below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint or inquiry until the screening process in below has been completed; (6) Require the Board or a committee of the Board to meet within thirty- one (31) days of receiving a complaint or inquiry to screen the Ordinance No.2014-19—Code of Ethics Page 8 of 11 complaint or inquiry. The rules shall allow the Board to immediately dismiss a complaint or inquiry if: a. The alleged violation is a minor or de minimis violation; b. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment; c. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected officials or board/commissions member; d. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under section 7.F. permitting the conduct. The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public. (7) Require the Board to have hearings at meetings, which are open to the public on complaints or inquiries, which have not been dismissed pursuant to paragraph G of this section or resolved under paragraph F of this section. (8) Allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint or inquiry and the subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing; (9) Require deliberations on complaints or inquiries to be conducted in open session; (10) Allow the Board to dismiss a complaint or inquiry without a finding for or against the subject of the complaint or inquiry if the person committed the violation due to oversight and comes into voluntary compliance; (11) Allow the Board to dismiss a complaint or inquiry if the person who submitted it does not appear at hearing and if, in the opinion of the Board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. The rules shall, however, require the Board to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry; Ordinance No.2014-19—Code of Ethics Page 9 of 11 (12) Require the Board to base a finding of a violation upon [clear and convincing evidence]; (13) Require the Board to inform the person who submitted the complaint or inquiry and the subject of the complaint or inquiry in writing if it believes a complaint or inquiry is frivolous, groundless, or brought for purposes of harassment; (14) Prohibit members who have not been present for the hearing from participating in a recommendation; (15) Require that findings and recommendations be made only by a majority of the Board; (16) Allow the Board to consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern; (17) Allow the Board to issue an advisory opinion in response to a complaint or inquiry, in lieu of making findings and recommendations,where deemed appropriate by the Board. Section 8. Other Obligations. This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. Section 9. Effective Date. This Code of Ethics shall take effect on May 28, 2014, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. Ordinance No.2014-19—Code of Ethics Page 10 of 11 Section 10. Distribution and Training. (A) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. (B) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. Section 11. Severability. If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. LDULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 20t1 day of May, 2014. Wet,- Eric Hogue, M y ATTESTED AND CORRE LY RECO E : i. OF W1 04 Caro e Ehrlich, ecretary ' (?_ tfitere .. �rC.,:_:__,(7:(:. --6:1„ 4,\ DATES OF PUBLICATION: May28,2014 in the Wylie News Y /��COLORAD01 `� p*ZR re RAHL,4 _ OF 018879 Ts� Ordinance No.2014-19—Code of Ethics Page 11 of 11 • r j! V s( TIJo Saruur shine Zimrs • Murphy Monitor • The Princeton Herald • 74-Saeir.e News • THE WYLIE NEWS media 19 co),•• (c STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2014-19 was published in said newspaper on the following dates, to-wit: May 28, 2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the I day of41/...ZI, 2014 to certify which witness my hand and seal of office. ~1v Notary Public i for • r�Sonia A. Duggan The State of Tex s Commission Expires %4. 09-02-20 16 My commission expires Murphy-Sa.h;c'\V'vIic • I II)N.Ballard•P.O.Ito\36r)•wyhc."fX 7 p9;1•972 442-5S I5•lay 9-2 )42 4$It,; I.irn rscillc'Pr'nccron OAuer• II)! S.Main•P.O Bur ill•I trnicrsville,"I'X 75-142•972-78-1-6397•Iar 972 71i2-'I) May 28 - May 29,2014 ' • ORDINANCE NO.2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE ; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. 3-1t-26-339 4.�` r,�• Wylie City Council 11 a ' AGENDA REPORT _______! Meeting Date: April 14, 2015 Item Number: 4 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: April 9, 2015 Exhibits: Contract, Survey Subject Consider and act upon authorizing the City Manager to execute a Real Estate Sales Contract for the purchase of real property located at Lots 13, 14 and 15, Block 3 of the Brown&Burns Addition, 301 S. Ballard. Recommendation Motion to approve authorizing the City Manager to execute a Real Estate Sales Contract for the purchase of real property located at Lots 13, 14 and 15, Block 3 of the Brown&Burns Addition, 301 S. Ballard. Discussion The structure and property at 301 S. Ballard currently known as the Birmingham House is owned by the Birmingham Trust. The Trust is working to divest itself of some of its real property as a result of recent changes in law. The house and property have significant historic value to Wylie and it is the desire to ensure that it is preserved for the public's use and enjoyment. An appraisal was obtained for the property and the parties have agreed to a purchase price of$330,000. Certain furniture, appliances and equipment are a part of the agreement and will be specified in an exhibit to the contract that will be distributed to Council prior to the meeting.. (Rev 01/2014) Page 1 of 1 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN THIS REAL ESTATE SALES CONTRACT (this "Contract")is made by and between the FRANKLIN OVID BIRMINGHAM MEMORIAL LAND TRUST("Seller"), , Wylie, Texas 75098, and the CITY OF WYLIE, TEXAS, and/or its assigns ("Purchaser"), 300 Country Club Road, Wylie, Texas 75098, upon the terms and conditions set forth herein. ARTICLE I. 1.1. Seller hereby sells and agrees to convey by Special Warranty Deed(the"Deed"),and Purchaser hereby purchases and agrees to pay for, that certain real estate, and any improvements located thereon, being Lots 13, 14, and 15, Block 3, Brown and Burns Addition, an addition to the City of Wylie,Collin County,Texas,according to the map thereof recorded in Volume 31,Page 362, of the Deed Records of Collin County, Texas (the "Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular,the rights and appurtenances pertaining to the property,including any right,title and interest of Seller in and to adjacent streets, roads, alleys or rights-of-way, and including any right, title and interest of Seller in all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property, as set forth on Exhibit A(the"Fixtures and Personal Property"), attached hereto and incorporated herein for all purposes (all of such real property, rights, and appurtenances being hereinafter collectively referred to as the"Property"),for the consideration and upon the terms and conditions hereinafter set forth. REAL ESTATE SALES CONTRACT—Page 1 #668810-vi ARTICLE II. PURCHASE PRICE Amount of Purchase Price 2.1. The purchase price(herein called the"Purchase Price")for said Property shall be the sum of THREE HUNDRED THIRTY THOUSAND AND NO/100ths DOLLARS ($330,000.00). Payment of Purchase Price 2.2. The Purchase Price shall be payable in all cash at closing. ARTICLE III. PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.1. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions(any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.2. Within twenty (20) days after the execution date of this Contract, Seller, at Seller's sole cost and expense, shall have caused Reunion Title Company, 1700 Redbud Blvd., Suite 300, McKinney, Texas 75069, Attn: Loretta Boddy (the "Title Company") to issue a preliminary title commitment (the "Title Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements,rights-of-way,and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. Review Period 3.3. Purchaser shall have twenty(20)days(the"Review Period")after Purchaser's receipt of the later of the Survey, Title Commitment and Title Documents to review same and to deliver in REAL ESTATE SALES CONTRACT—Page 2 #668810-vi writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser, but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions (the"Permitted Exceptions")and Purchaser shall not be entitled to object to the status of title, the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained in the Objection Notice within ten (10) days after receipt of same, Purchaser may, by written notice delivered within five (5) days thereafter, terminate this Contract and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. City Council Approval 3.4. The Purchaser's obligations under this Contract are further contingent upon the approval of the City Council of the City of Wylie. ARTICLE IV. CLOSING 4.1. The Closing shall be at the offices of the Title Company sixty(60)days following the Effective Date of this Contract (which date is herein referred to as the"Closing Date"). 4.2. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens,encumbrances,conditions,easements,assessments,and restrictions, except for the following: REAL ESTATE SALES CONTRACT—Page 3 #668810-v1 (1) Any exceptions approved or waived by Purchaser pursuant to this Contract; and (2) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser,at Seller's sole cost and expense,a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract, such other exceptions as may be approved in writing by Purchaser or waived by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy containing a survey exception deletion, at the expense of the Purchaser, except as to shortages in area. (c) Deliver to Purchaser possession of the Property. 4.3. At the Closing, Purchaser shall deliver to Seller the cash portion of the Purchase Price. 4.4. All state,county,and municipal taxes for the then current year relating to the Property shall be calculated as of the Closing Date and Seller's share shall be collected by Title Company at the Closing and remitted to the appropriate taxing jurisdictions in accordance with Section 26.11 of the Texas Property Tax Code. If there is any rollback tax liability for the Real Property that is triggered by the actions of the Seller prior to the Closing Date only,the Seller will be responsible for those taxes.Purchaser does not waive any exemption or other exception it,or the Property,may have from rollback taxes pursuant to Texas Property Tax Code §23.55(f) or other applicable law. REAL ESTATE SALES CONTRACT—Page 4 #668810-v1 NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value, the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition, the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 4.5. Each party shall pay any attorney's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract, or if the Contract is silent, as is usual and customary for real estate transactions in Collin County, Texas. ARTICLE V. REAL ESTATE COMMISSIONS 5.1. Each party to this Contract represents and warrants to the other party that such party has had no dealings with any person,firm, agent or finder in connection with the negotiation of this Contract and/or the consummation of the purchase and sale contemplated herein, other than the Broker(s)named in this Contract, and no real estate broker, agent, attorney,person, firm or entity, other than the Broker(s) is entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such party. Each party hereby agrees to indemnify, defend,protect and hold the other party harmless from and against any costs,expenses or liability for compensation, commission, fee, or charges which may be claimed by any agent, finder or other REAL ESTATE SALES CONTRACT—Page 5 #668810-v1 similar party, other than the named Broker(s),by reason of any dealings or acts of the indemnifying party. ARTICLE VI. ESCROW DEPOSIT 6.1. Within forty-eight (48) hours after the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser shall deliver to Title Company,a wire transfer,cashier's check or other same day certified funds in the amount of One Thousand and No/100 Dollars ($1,000.00)as the escrow deposit which shall apply towards the Purchase Price at Closing (the "Escrow Deposit"). Purchaser agrees that $100.00 of the Escrow Deposit is given as consideration for the Contract ("Independent Consideration"),which Independent Consideration shall be applied to the Purchase Price at Closing, but shall not be returned to Purchaser in the event the Escrow Deposit is otherwise returned to Purchaser pursuant to the terms of this Contract. In the event Purchaser fails to timely deliver the Escrow Deposit to the Title Company, this Contract shall automatically terminate and be of no further force or effect and Seller shall be relieved from all liabilities or obligations hereunder. Upon receipt by Title Company from Purchaser of the Escrow Deposit together with such forms from Purchaser as may be required by Title Company in order to establish an interest-bearing escrow account, the Escrow Deposit shall be placed in a federally insured interest-bearing bank account to be later disbursed as set forth herein. ARTICLE VII. CASUALTY 7.1. All risks of loss to the Property shall remain upon Seller prior to the Closing. If,prior to the Closing,the improvement or improvements on the Property shall be damaged or destroyed by REAL ESTATE SALES CONTRACT—Page 6 #668810-vi fire or other casualty, Purchaser may either terminate this Contract by written notice to Seller or close. If Purchaser elects to close,despite said damage or destruction, there shall be no reduction in the Purchase Price, and Seller shall assign to Purchaser Seller's right, title and interest in and to all insurance proceeds, if any, resulting or to result from said damage or destruction. ARTICLE VIII. REPRESENTATIONS 8.1. As a material inducement to the Seller and Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and warrants to the Purchaser as of the date of the execution of this Contract, and through the date of the Closing, as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings(including condemnation)pending or threatened against the Property,at law or in equity or before any federal, state,municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation,claims,condemnations,or sales in lieu thereof, contracts of sale, options to purchase or rights of first refusal with respect to any aspect of the Property,nor have any such actions, suits,proceedings, claims or other such other matters been threatened or asserted (e) Seller has no knowledge of any violation of any ordinance,regulation,law or statute of any government agency or instrumentality pertaining to the Property or any portion thereof which has not been complied with. REAL ESTATE SALES CONTRACT—Page 7 #668810-v1 (f) Seller shall not transfer, convey, mortgage, encumber, lease or otherwise assign or dispose of the Property,nor any interest therein,without the express written consent of the Purchaser, nor shall Seller cause, create or allow any lien, claim or encumbrance,of any kind or character,voluntarily or involuntarily,to be placed upon the Property, or any interest therein. (g) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right, power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract, the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment,order or decree of any court having jurisdiction over Seller or the Property. (h) Seller is not a"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (i) To the best of Seller's actual knowledge,the Property is free from and/or has not been used for(i)the storage,holding,existence,manufacture,release,treatment, abatement, removal, disposition, handling, transportation, or disposal of any Hazardous Materials,from,under,into or on the Property or(ii)the existence of any "Endangered Species" on the Property. "Hazardous Materials" shall mean (i) any REAL ESTATE SALES CONTRACT—Page 8 #668810-v1 "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976(42 U.S.C. Section 6901 et seq.),as amended from time to time,and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) ("CERCLA"), as amended from time to time, and the regulations promulgated thereunder;(iii)any petroleum-based products; (iv)any substance which by any Governmental Requirements requires special handling or notification of any federal,state or local governmental entity in its collection,storage, treatment, or disposal; and (iv) any other substances which are now classified or considered to be hazardous or toxic under Governmental Requirements. "Endangered Species"shall mean any species which is described pursuant to the U.S. Endangered Species Act of 1973,as being in danger of extinction throughout all or a significant portion of its range. ARTICLE IX. BREACH BY SELLER 9.1. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default,Purchaser may cancel this Contract upon giving written notice to Seller and Title Company, in which event Purchaser will be entitled to obtain the return of the Escrow Deposit(plus any interest thereon) as liquidated damages, or pursue specific performance, as its sole and exclusive remedies. REAL ESTATE SALES CONTRACT—Page 9 #668810-vi ARTICLE X. BREACH BY PURCHASER 10.1. In the event Purchaser shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in this Contract having been satisfied,and Purchaser being in default and Seller not being in default hereunder, Seller may cancel this Contract upon giving written notice to Purchaser and Title Company in which event Seller will be entitled to retain the Escrow Deposit as liquidated damages as its sole and exclusive remedy. ARTICLE XI. MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail,postage prepaid,certified mail,return receipt requested,addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas,and all obligations of the parties created hereunder are performable in Collin County,Texas. REAL ESTATE SALES CONTRACT—Page 10 #668810-vi Parties Bound (d) This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives, successors and assigns where permitted by this Contract. Nondisclosure (e) Neither party shall disclose to any person or entity the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party. Legal Construction (f) In case any one or more of the provisions contained in this Contract 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 hereof,and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. Attorney's Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction REAL ESTATE SALES CONTRACT—Page 11 #668810-v1 shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non- prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Compliance (k) In accordance with the requirements of Section 28 of the Texas Real Estate License Act,Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance. Effective Date of Contract (1) The term"effective date"of this Contract as used herein shall mean the date on which this Contract is fully signed by Seller and Purchaser, and the fully executed Contract along with the Escrow Deposit is delivered to the Title Company. Counterparts/Facsimile (m) This Agreement may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. SIGNATURE PAGE TO FOLLOW REAL ESTATE SALES CONTRACT—Page 12 #668810-v1 Executed on the dates set forth at the signatures of the parties hereto. SELLER: FRANKLIN OVID BIRMINGHAM MEMORIAL LAND TRUST By: Name: Title: Date Executed: PURCHASER: CITY OF WYLIFH, TEXAS By: Name: Title: Date Executed: PREPARED IN THE LAW OFFICE OF: Abernathy, Roeder, Boyd& Hullett, P.C. 1700 Redbud, Suite 300 McKinney, Texas 75069 215.544.4000 (telephone) 214.544.4044(fax) REAL ESTATE SALES CONTRACT—Page 13 #668810-vi TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the executed Contract and Escrow Deposit on , 2015, at (a.m./p.m.)and has accepted the Escrow Deposit subject to the terms and conditions set forth in this Contract. TITLE COMPANY: REUNION TITLE COMPANY BY: PRINTED NAME: TITLE: ADDRESS: Telephone Fax REAL ESTATE SALES CONTRACT—Page 14 #668810-vi EXHIBIT A FIXTURES AND PERSONAL PROPERTY [Attach list of fixtures and personal property] REAL ESTATE SALES CONTRACT—Page 15 #6688lo-vi AT It GARAGE Po,,,a.. o.ra: 89 SURVEY.( SITUATED in the State of Tel,as, C,unty of Coll,and City of Wylie, be,ng part ..., ' u SB90900E 5 /2502 (4 , 3 of the Erown and ,tea ,a,it a x._o_as, a oeii„ s oedt ntY 8 - LOT /5 - g e rod _ I e _ i, the east ,t _ .e Lot • 24,372 SO.FT. ,, - M • O 56 ACRES i ti AV ,a Qxe ,• a - N k srnce:I/"-zo• I [Or /4 a r, ,. .a o, P.P7 a a v o 0 of >s.a,. a -'�a $ zaa aFz a+a.e fact or o s, -o •,a o III „ .. _ _ _____ ._,a., sronr I 22 sioevrc CO that as 4:eaul:, - - - :his -:y a.,nearer-4 ,,, a2,s az .. .. 2 :p0 : to O F'64 i - zi8 _ g - i ,t.. r Sao o, a ,.omoora ty .,oa_ty a, - , re �}a.. �' Q Pi.. 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