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09-26-2017 (City Council) Agenda Packet Wylie City Council CITY OF WYLJE NOTICE OF MEETING Regular Meeting Agenda September 26, 2017— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T.Wallis, DVM 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Recognition of Tristan Nussbaum —2017 US World Martial Arts Games in Orlando • Employee Milestone Anniversaries • Police Promotional Badge Pinning September 26,2017 Wylie City Council Regular Meeting Agenda Page 2 of 4 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 September 12, 2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2017-17(R) authorizing the Mayor to execute an Interlocal Agreement between Rockwall County and the City of Wylie for road improvements. M. Sferra, Public Services Director) C. Consider, and act upon, approving the Financial Management Policies. (L. Bantz, Finance Director) D. Consider, and act upon, Resolution No. 2017-18(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (L. Bantz, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2017. (L. Bantz, Finance Director) F. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31,2017. (L. Bantz, Finance Director) G. Consider and act upon a vendor application for the Pirate Pacesetter Booster Club for a fundraiser event at Olde City Park on November 4, 2017 (R. Diaz, Parks & Recreation Superintendent) H. Consider and act upon a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 5,2017. (R. Diaz, Parks &Recreation Superintendent) L Consider and act upon the award of bid#W2017-67-A for Asphalt Pavement Rejuvenator to Pavement Restoration, Inc., in the estimated amount of $75,000.00 and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) J. Consider and act upon the award of bid # W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P., Cooper Concrete Company, DDM Materials and Lattimore Materials in the estimated annual amount of $225,000.00; and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) K. Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on September 13,2017. (D. Dahl, ASAB Chair) September 26,2017 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA 1. Conduct the first Public Hearing for the annexation of a 29.677 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980, and a 21.992 acre tract of land situated in the William Sutton Survey, abstract 860 for a total of 51.669 acres in Collin County, Texas, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. A2017-03 (R. 011ie, Development Services Director) Executive Summary This annexation is at the request of the property owner, Bloomfield Homes, LP and the representative Douglas Properties.The subject tract is contiguous to the corporate city limits of Wylie, as required by law. The applicant desires to bring the subject tract into the city and develop it in accordance with the Development Agreement executed October 8,2017. 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Manufactured Housing (MH) and Neighborhood Services (NS) to a Planned Development (PD 2017-06) to allow for a Manufactured Housing Residential Development and a Retail Development on 30.58 acres of land located northeast from the intersection of Vinson Road and Allen Road. 2017-06(R. 011ie, Development Services Director) Executive Summary The applicant is requesting to establish Planned Development zoning for Manufactured Housing and Retail on 30.58 acres. The current zoning of the land allows for both uses however the applicant is asking for the Planned Development to allow for the new development to match the existing manufactured housing subdivision that is south of this tract of land. WORK SESSION • Discuss the status of the hail storm repairs.(C. Holsted, Asst. City Manager) RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et seq. Texas Government Code, to wit: §§Sec.551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). • Discuss the offer of incentives for Project 2017-8a. September 26,2017 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 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: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. CERTIFICATION I certify that this Notice of Meeting was posted on September 22, 2017 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.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Regular Meeting Tuesday, September 12, 2017 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman Jeff Forrester, Councilwoman Diane Culver, Councilman David Dahl, Councilman Timothy Wallis, and Mayor for the Day, Jadon Mair. Councilwoman Candy Arrington was absent. Staff present were: City Manager, Mindy Manson; City Engineer, Tim Porter; Human Resource Director, Lety Yanez; Finance Director, Linda Bantz; Development Services Director, Renae 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilwoman Culver led the Pledge of Allegiance. PRESENTATION Mayor Hogue presented "Mayor for the Day", Jadon Mair with a proclamation honoring his Mayor for the Day designation. Jadon is the grandson of Mayor pro tem Keith Stephens. Jadon is a 6th grade student at Silver Trail Middle School "Home of the Mustangs" in Plantation, Florida. Jadon's mom and dad are Firefighter/Paramedics for Pompano Beach Fire-Rescue and sent Jadon and his two sisters to stay with their grandparents while they worked with rescue teams in Florida after Hurricane Irma. Minutes September 12, 2017 Wylie City Council Page 1 Mayor for the Day Mair assisted Mayor Hogue in conducted the remainder of the meeting. 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. No citizens were present wishing to address Council during Citizens Comments. 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 August 22, 2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for The Sargent Addition, Block A, Lot 1, creating one lot on 1.348 acres, generally located on Alanis Drive approximately 125' east of Martinez Lane. (R. 011ie, Development Services Director) C. Consider, and act upon, the acceptance of the resignation of Daniel Prendergast and to appoint a new alternate to the Zoning Board of Adjustment for the unexpired term of July 2016 to July 2018. (R. 011ie, Development Services Director) D. Consider, and act upon, approval of Ordinance No. 2017-24 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates), and Subsection C (Sewage Collection and Treatment Rates); Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits), and Subsection B (Commercial Charges); and Section XI(Fire Department), Subsection C (Permit Fees). (C. Holsted, Asst. City Manager) E. Consider, and act upon, Resolution No. 2017-16(R) supporting the development of a comprehensive public transportation plan for Collin County. (M. Manson, City Manager) F. Consider, and act upon, Ordinance No. 2017-25 amending Ordinance No. 2016-29, as amended, Chapter 110 (Traffic and Vehicles), Article III (Operation of Vehicles), Section 110-115 (Use of Hand-Held Mobile Telephones Prohibited in School Zones); providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. (M. Manson, City Manager) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Minutes September 12, 2017 Wylie City Council Page 2 RECESS CITY COUNCIL CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION (4B) Chair Mayor Eric Hogue called the Wylie Parks and Recreation Facilities Development Corporation (4B) meeting to order at 6:13 p.m. The following members were present: Chair Eric Hogue, Board members Mayor pro tem Keith Stephens, Councilwoman Diane Culver, Councilman David Dahl, Board member Emmett Jones, and Board member Dan Chesnut. Board member Phillip Gilbert was absent. 1. (4B) Consider, and act upon, approval of the Minutes from the September 13, 2016 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 4B Board Action A motion was made by Board member Dahl, seconded by board member Culver to approve the September 13, 2016 Wylie Parks and Recreation Facilities Development Corporation (4B) minutes as presented. A vote was taken and the motion passed 5-0 with board member Gilbert absent. 2.(4B) Consider, and act upon, approval of the FY 2017-2018 4B Budget and authorize expenditures for the FY 2017-2018 Community Services Facilities Capital Improvement Plan. (L. Bantz, Finance Director) 4B Board Action A motion was made by Board member Stephens, seconded by board member Culver to approve the FY 2017-2018 4B Budget and authorize expenditures for the FY 2017-2018 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 5-0 with board member Gilbert absent. 3. (4B) Consider, and act upon, the appointment of the Wylie Parks and Recreation Facilities Development Corporation, Vice Chairman from its board members for a term beginning January 1,2018 and ending December 31,2018. (C. Ehrlich, City Secretary) 4B Board Action A motion was made by Board member Culver, seconded by board member Stephens to appoint Dan Chesnut as the Vice Chair of the Wylie Parks and Recreation Facilities Development Corporation (4B) for a term beginning January 1, 2018 and ending December 31, 2018. (1 year term) A vote was taken and the motion passed 5-0 with board member Gilbert absent. Minutes September 12, 2017 Wylie City Council Page 3 ADJOURN 4B BOARD With no further business before the board, Chair Hogue adjourned the meeting at 6:15 p.m. Consensus of the board was to adjourn. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Regular Session of the Wylie City Council at 6:16 p.m. REGULAR AGENDA 1. Consider, and act upon, approving the property tax increase reflected in the budget. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the tax rate used in preparing the FY 2017-2018 Proposed Budget is $0.781 per $100 of assessed valuation. This tax rate is below the effective tax rate of$.781014 and represents a decrease of$0.0679 (6.79 cents) from the tax rate in FY 2016-2017. This agenda item is required by state law because there will be an increase in total tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 102.007 of the Texas Local Government Code and Texas HB 3195 require the governing body to hold a separate vote to ratify this increase in property tax revenue that is reflected in the budget. Council Action A motion was made by Councilman Forrester, seconded by Councilman Wallis to approve the property tax increase reflected in the FY 2017-2018 Budget. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 2. Consider, and act upon, Ordinance No. 2017-26 adopting a budget and appropriating resources for Fiscal Year 2017-2018, beginning October 1, 2017 and ending September 30, 2018. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the tax rate being proposed for Fiscal Year 2017- 2018 is $0.781 per$100 of assessed valuation which is less than the effective tax rate of$.781014. This proposed budget is based on that tax rate. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Forrester to approve Ordinance No. 2017-26 adopting a budget and appropriating resources for Fiscal Year 2017- 2018, beginning October 1, 2017 and ending September 30, 2018. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Minutes September 12, 2017 Wylie City Council Page 4 3. Consider, and act upon, Ordinance No. 2017-27 fixing the tax rate/levy for Tax Year 2017 and Budget Year FY 2017-2018 at $0.781 per $100 of assessed valuation. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the tax rate needed to fund the FY 2017-2018 budget is $0.781 per $100 of assessed valuation. The tax rate is broken down with $0.580307 being used for operations and maintenance and $0.200693 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$21,917,097 for the General Fund and $7,579,813 for the I & S Fund. The adopted Fiscal Year 2017-2018 budget requires the support of this ordinance for funding. This tax rate represents a decrease of 6.79 cents from the 2016-2017 tax rate. Mayor Hogue thanked City Manager Manson and the Finance staff for their hard work in creating the budget and reduction in the tax rate for FY 2017-2018. Council Action A motion was made by Councilman Forrester, seconded by Mayor pro tem Stephens to approve Ordinance No. 2017-27 fixing the tax rate/levy for Tax Year 2017 and Budget Year FY 2017- 2018 at $0.781 per $100 of assessed valuation. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2017-24, 2017-25, 2017-26, and 2017-27 into the official records. Mayor Hogue convened into a Work Session at 6:25 p.m. WORK SESSION • Discuss the status of the hail storm repairs. (C. Holsted, Asst. City Manager) Assistant City Manager Chris Holsted addressed Council stating that included in the council packet were the total funds collected from the hail storm by location; to date this total is a little over 3 million dollars. He explained that the estimates for the repair of the Public Safety Building were also included. He noted there was additional funding available to the City, once the building is repaired. Those funds include depreciation and overhead. There are also funds available for the repair of the millennium tile on the three Municipal Complex buildings. He asked for direction regarding the tile. The options available are: to replace the tile (depreciation would be reimbursed), replace portions of the tile (depreciation would be funded for the portions repaired), or use the money toward the repair of the Public Safety building (no depreciation reimbursed). City Manager Manson reported that the damage of the tiles was not dramatic and recently one of the architects from Holzman-Moss had indicated that in his opinion the tile could be left as it is. If replaced a large portion would have to be to replace, to insure color match. Minutes September 12, 2017 Wylie City Council Page 5 Mayor Hogue asked if the depreciation would be left on the table if the tile repairs were not made. Assistant City Manager stated that was correct. Mayor pro tem Stephens asked if the tile was not replaced and there was another hail storm would the insurance company pay for the damage. Hoisted replied that if the tile was not replaced, insurance would not cover any future damage. Councilman Forrester stated that with 30% depreciation on the tile, which calculates to approximately $230,000 and the Council chooses not to replace the tile, the City is leaving a large amount of money on the table. He said it would be beneficial to know the lifespan of the millennium tile before making that judgement. Councilwoman Culver asked Mr. Hoisted if he knew the life cycle of the tile. Mr. Hoisted stated he did not but would find out and report back to Council. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 6:34 p.m. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded Councilman Forrester to adjourn the meeting at 6:35 p.m. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 12, 2017 Wylie City Council Page 6 c, eE,. 'Ir , .r � ,, Wylie City Council � � AGENDA REPORT LPTz XYYb M Meeting Date: September 26, 2017 Item Number: B Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 100-5411-54210 Date Prepared: August 29, 2017 Budgeted Amount: $180,000 Interlocal Agreement, Exhibits: Resolution and Scope Subject Consider, and act upon, Resolution No. 2017-17(R) authorizing the Mayor to execute an Interlocal Agreement between Rockwall County and the City of Wylie for road improvements. Recommendation Motion to approve Resolution No. 2017-17(R) authorizing the Mayor to execute an Interlocal Agreement between Rockwall County and the City of Wylie for road improvements. Discussion Within the City of Wylie city limits, portions of County Line Road and Troy Road are divided along their center lines placing half of each road in Rockwall County's jurisdiction, and half in the City of Wylie's jurisdiction. Staff from both entities have met on site and determined that the roads are in need of upgrade and repair. For coordination and continuity of the repair process, staff recommends that the City enter into an Interlocal Agreement with Rockwall County. The Agreement would allow Rockwall County to make repairs to portions of the roads shared by both jurisdictions as well as to a portion of Troy Road that is wholly within Wylie city limits but also within Rockwall County. Rockwall County Road and Bridge will furnish the equipment, materials and labor to reclaim existing asphalt roads, add 6% cement slurry to stabilize road base, as well as prime and finish with four inches of hot mix asphalt on portions of County Line and Troy Roads as outlined below: • County Line Road—1,750 feet x 22 feet, total cost to rebuild $129,447.50 50% shared cost to City of Wylie = $64,723.75 • Troy Road at County Line Road—400 feet x 22 feet to north property line at Watermark 100% cost to City of Wylie = $29,588.00 • Troy Road from Watermark to 700 feet north of Neva Lane—2,200 feet x 22 feet, total cost$162,734.00 50% shared cost to City of Wylie = $81,367.00 Total cost for road repairs to City of Wylie= $175,678.75 Under the terms of the proposed Interlocal Agreement, the City would deposit funds in escrow with the Rockwall County Treasurer's Office before the commencement of the road improvements which is anticipated to occur after October 1, 2017. In 2008, the City successfully cooperated with Rockwall County on a similarly-structured Interlocal Agreement for the purpose of road repairs. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2017-17(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN OF ROCKWALL COUNTY AND THE CITY OF WYLIE FOR ROAD IMPROVEMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement between Rockwall County and the City of WYLIE for road improvements SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 26th day of September, 2017 ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2017-17(R) ILA with Rockwall County for Road improvements INTERLOCAL COOPERATION AGREEMENT BETWEEN ROCKWALL COUNTY AND THE CITY OF WYLIE FOR ROAD IMPROVEMENTS THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between Rockwall County, Texas, a political subdivision of the State of Texas (hereinafter referred to as "COUNTY'), and the City of Wylie, a Home Rule Municipal Corporation of the State of Texas (hereinafter referred to as "CITY.') WHEREAS, County Line Road and Troy Road (the "Roads") are located either wholly or in part within the corporate boundaries of the CITY which is itself located partially within the COUNTY; and WHEREAS, the Roads are in need of upgrade/repair from time to time; and WHEREAS, it is in the best interest of the citizens of Rockwall County to repair and upgrade the Roads when needed; and WHEREAS, both the COUNTY and CITY desire to enter into an Interlocal Cooperation Agreement, pursuant to Texas Government Code Chapter 791.011 (a), whereby the COUNTY and the CITY will agree upon the terms of said written agreement; NOW, THEREFORE, the COUNTY and the CITY mutually agree as follows: TERM OF AGREEMENT A. The COUNTY and the CITY mutually agree that the term of this Agreement will be from the date it is formally and duly executed by both the COUNTY and the CITY until September 30, 2017; thereafter, the Agreement shall be automatically renewed on an annual basis unless either party notifies the other party in writing, not less than thirty (30) days prior to the renewal date, of its intention to terminate this Agreement. B. Notwithstanding the foregoing, this Agreement may be terminated by either party by giving thirty (30) days' written notice of intent to terminate this Agreement to the other party. Any notice of intent to terminate must be delivered by deposit in the United States mail, certified, return mail receipt requested, to the other party at the addresses set out herein. Upon termination of this Agreement, neither party will have any obligations to the other party under this Agreement, except with respect to payment for services already rendered under this Agreement, but not yet paid. II. JOINT RESPONSIBILITIES A. The City shall designate which road or roads as listed in this agreement need work by submitting a written request for cost estimate and schedule to the County's Road and Bridge Administrator. Interlocal Cooperation Agreement between Rockwall County and the City of Wylie for Road Improvements Page i of 4 B. The County's Road & Bridge Administrator shall respond to the request in writing setting forth the scope of work in terms of equipment, materials and labor and approximate schedule in terms of when work will commence after funds have been deposited as specified below. C. The City shall acknowledge acceptance by complying with the requirements of Section IV and attaching a copy of the authorized work with its submission. III. COUNTY RESPONSIBILITIES A. The COUNTY agrees to provide the labor, equipment and materials necessary to complete the upgrades/repairs to the Roads as agreed upon in writing between the COUNTY and the CITY as stated in Section II. B. The COUNTY will perform the work agreed upon on the Roads in a good and workmanlike fashion. IV. CITY RESPONSIBILITIES A. Proceeding in order, work may commence on the Roads when funding as specified in writing by the COUNTY has been deposited by the CITY with the Rockwall County Treasurer's Office. Check(s) are to be made payable to: Rockwall County Treasurer / 1111 E. Yellowjacket Ln., Ste 306 / Rockwall, TX 75087. Said funds shall be placed into an escrow account. Once the repair/upgrades are completed, which fact will be established by presentation of a statement of work completed and signed by a representative of each of the two parties to this agreement, the corresponding funds will be released from escrow to the COUNTY. V. GENERAL PROVISIONS A. General Administration: The COUNTY and the CITY will designate their respective representatives for the general administration of this Agreement. B. Alteration, Amendment or Modification: This Agreement may not be altered, amended, or modified except in writing signed by all parties to this Agreement. C. Notice: All notices sent pursuant to this Agreement will be in writing and must be sent by registered or certified mail, postage prepaid, return receipt requested. Interlocal Cooperation Agreement between Rockwall County and the City of Wylie for Road Improvements Page 2 of Notices sent pursuant to this Agreement will be sent to the Rockwall County Judge's Office at the following address: County Judge Rockwall County Judge's Office 101 East Rusk, Room 202 Rockwall, Texas 75087 Notices sent pursuant to this Agreement may be delivered or sent to the City at the following address: Mayor City of Wylie 300 Country Club Rd., Building 100, l sr Floor Wylie, Texas 75098 When notices sent pursuant to this Agreement are mailed by registered or certified mail, notices will be deemed effective three (3) days after deposit in a U.S. mail box or at a U.S. postal office. D. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not effect the remaining provisions of this Agreement. E. Breach: The failure of either party to comply with the terms and conditions of this Agreement will constitute a breach of this Agreement. Either party will be entitled to any and all rights and remedies allowed under Texas law for any breach of this Agreement by the other party. F. Non-Waiver: The waiver by either party of a breach of this Agreement will not constitute a continuing waiver of such breach or of a subsequent breach of the same or a different provision. Nothing in this Agreement is intended by wither party to constitute a waiver of any immunity from suit or liability to which it is entitled under applicable law. G. Entire Agreement: This Interlocal Cooperative Agreement constitutes the entire Agreement between the COUNTY and the CITY. No other agreement, statement, or promise relating to the subject matter of this Agreement and which is not contained in this Agreement or incorporated by reference in this Agreement will be valid or binding. H. Terms used in Document: As used in this Agreement, the terms "Interlocal Cooperation Agreement", "Interlocal Agreement", "Agreement", and "Contract" are synonymous. Interlocal Cooperation Agreement between Rockwall County and the City of Wylie for Road Improvements Page 3 of4 I. Non-Defined Terms: If not specifically defined in this Agreement, words and phrases used in this Agreement will have their ordinary meaning as defined by common usage. EXECUTED THIS 3 ra day of Gcy 2017. 1 Rockwall County By: Ho ora le Da d Sweet ockwall County Judge Attest: Shelli Miller, County Clerk EXECUTED THIS day of 2017. City of Wylie By: Eric Hogue, Mayor Attest: Carole Ehrlich, City Secretary Interlocal Cooperation Agreement between Rockwall County and the City of Wylie for Road Improvements Page 4 of4 ffror, it,, II ,,.j,f,II,u( , 0740,00rawyream rorforromemeivaimarrtip A e tit<4,oprowmosogrergo•IF,affewrow or 1 0,r/ 1 mageparie We ow( 411! arowor(0 7,/,,0111 cf , 1 ifpil ,, f,4 1 1 11 , 1 if ill — il 1 1 ,,,,o,f,, 1 4,,ort.„ ,0, Rockwall County Road & Bridge 915 Whitmore Ste, B Rockwall, Texas 75087 972-204-7890 Date: August 16, 2017 TO: Mr. Tim Hopwood C/0. City of Wylie 949 Hensley Lane, Bldg. 300 Wylie, Texas 75098 Dear Mr. Hopwood In accordance with the inter-local agreement between the City of Wylie and Rockwall County Road and Bridge, this letter is to inform you of the cost, equipment and schedule for rebuilding portions of County Line and Troy Roads as requested by for the City of Wylie. Rockwall County Road & Bridge will furnish the equipment, materials and labor to reclaim existing asphalt road, add 6% cement slurry to stabilize road base, as well as, prime and finish with 4inches of hotmix asphalt on portions of County Line and Troy roads as outlined below. O County Line Road 1750 feet x 22 feet, total cost to rebuild $129,447,50. Shared cost to City Of Wylie = $64,723.75 • Troy Road at County Line Road 400 feet x 22 feet to north property line at Watermark 100% cost to the City of Wylie = $29,588,00 • Troy Road from Watermark going north to 700 feet past Neva Lane 2200 feet x 22 feet, total cost$162,734.00 Shared cost to City of Wylie= $81,367.00 Total cost for road repairs to City of Wylie = $175,678,75 Additionally„ this process will need water for cement stabilization that will need to be provided by the City of Wylie. The above project will begin after October 01, 2017 when funds are paid to Rockwall County. This project will be done in 2 phases. Phase 1 —The reclamation of the existing asphalt road. Then a cement stabilizer and all weather chip seal surface will be added before the cold season for winter driving. Phase 2 —The final asphalt surface will be applied in the warm season. (Estimated completion date is in April or May but dependent on weather permitting). If you have any questions, please call 972-204-7890. Rockwall County Road & Bridge Administrator ACCEPTANCE: City Representative ml" mw whI gllllh' IVIIII,'jfffiii!!iip, 'illllm""are V6 idWllll", uuullplps"' �r', nr um MVlll dlu ""IIn dii,,'; ^I sllprh ',lsl", INIIIdP'';I'i'"II'0.'YI""9!P,pslpupplllllll AuGu,,, "lYYiulllluli'^II"�1,I r� IIiIIwV,^Ihl""I�"IJp VII' ��^I4I�Y'IVp;V wl' umv ,�I I�s IIII I'I!va�ulV'��I��I r�OV,y"' �I,I„ Q1"il1u' pi;,ltl''dI'q i, j,1'„ mvvs' 'III JI„p,"uIIII PI " o' ';y,^,I "u'IIIIII „I "'L.'' 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Recommendation Motion to approve the Financial Management Policies. Discussion The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The basis for the City's Financial Management Policies includes integrity,prudent stewardship,planning, accountability and full disclosure. The scope of the policies spans accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, expenditure control and debt management. The current Financial Management Policies were approved September 27, 2016 and no changes have been made to them. Page 1 of 1 FY2017-18 y iy i it,„! Financial Management Policies Prepared by the Finance Department TABLE OF CONTENTS I. PURPOSE STATEMENT II. ACCOUNTING,AUDITING AND FINANCIAL REPORTING A. Accounting B. Funds C. External Auditing D. External Auditors Responsible to City Council E. External Auditors Rotation F. External Financial Reporting III. INTERNAL CONTROLS A.Written Procedures B. Internal Audit C. Department Managers Responsible IV. OPERATING BUDGET A. Preparation B. Balanced Budgets C. Planning D. Budgeted Drawdown of Reserves E. Reporting F. Control G. Performance Measures and Productivity Indicators V. CAPITAL BUDGET AND PROGRAM A. Preparation B. Control C. Program Planning D. Alternate Resources E. Debt Financing F. Street Maintenance G.Water/Wastewater Main Rehabilitation and Replacement H. Reporting VI. REVENUE MANANGEMENT A. Simplicity B. Certainty C. Equity D. Administration E. Revenue Adequacy F. Cost/Benefit of Abatement G. Diversification and Stability H.Non-Recurring Revenues 1. Property Tax Revenues J. Parks and Recreation 4B Sales Tax Revenues K. User-Based Fees L. Impact Fees M. General and Administrative charges 2 N. Utility Rates O. Parks and Recreation 4B Fund Balance P. Utility Fund Balance Q. Interest Income R. Revenue Monitoring VII. EXPENDITURE CONTROL A. Appropriations B. Contingency Account Expenditures C. Vacancy Funds D. Central Control E. Purchasing F. Professional Services G. Contract Authority H. Prompt Payment I. Information Technology J. Prepaid Expenditures VIII. ASSET MANAGEMENT A. Investments B. Cash Management C. Investment Performance D. Fixed Assets and Inventory IX. FINANCIAL CONDITON AND RESERVES A.No Operating Deficits B. Interfund Loans C. Fund Balance Policy D. Risk Management Program E. Enterprise Fund Self-Sufficiency X. DEBT MANAGEMENT A. General B. Self-Supporting Debt C. Analysis of Financing Alternatives D. Voter Authorization XI. STAFFING AND TRAINING A. Adequate Staffing B. Training XII. GRANTS FINANCIAL MANAGEMENT A. Grant Solicitation B. Responsibility XIII. ANNUAL REVIEW AND REPORTING A. Annual Review B. Reporting 3 L PURPOSE STATEMENT The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The watchwords of the city's financial management include integrity,prudent stewardship,planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the city's day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting internal controls, operating and capital budgeting, revenue management, cash management, expenditure control and debt management. IL ACCOUNTING,AUDITING,AND FINANCIAL REPORTING A.ACCOUNTING-The city's Assistant Finance Director is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS - Self-balancing groups of accounts are used to account for city financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council. C. EXTERNAL AUDITING- The city will be audited annually by outside independent auditors. The auditors must be a CPA firm of national reputation, and must demonstrate that they have the breadth and depth of staff to conduct the city's audit in accordance with generally accepted auditing standards,generally accepted government auditing standards, and contractual requirements. The auditors' report on the city's financial statements including any federal grant single audits will be completed within 120 days of the city's fiscal year end, and the auditors' management letter will be presented to the city staff within 150 days after the city's fiscal year end. An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The city staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff. D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL — The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the city staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. E.EXTERNAL AUDITOR ROTATION-The city will not require external auditor rotation,but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. F. EXTERNAL FINANCIAL REPORTING - The city will prepare and publish a Comprehensive Annual Financial Report(CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA)for evaluation and possibly awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may 4 preclude such timely reporting. In such case, the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES - The Finance Director is responsible for developing city-wide written guidelines on accounting,cash handling,and other financial matters which will be approved by the City Manager. The Finance Department will assist department managers as needed in tailoring these guidelines into detailed written procedures to fit each department's requirements. B. INTERNAL AUDIT - The Finance Department may conduct reviews of the departments to determine if the departments are following the written guidelines as they apply to the departments. Finance will also review the written guidelines on accounting, cash handling and other financial matters. Based on these reviews Finance will recommend internal control improvements as needed. C. DEPARTMENT MANAGERS RESPONSIBLE - Each department manager is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented, and that all independent and internal auditor internal control recommendations are addressed. IV. OPERATING BUDGET A.PREPARATION-The city's "operating budget" is the city's annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation Debt Service Fund, but excluding capital projects funds. The budget is prepared by the City Manager with the assistance of the Finance Department and cooperation of all city departments. The City Manager transmits the document to the City Council. The budget should be presented to the City Council no later than August 5 or a date to be determined by the City Council, and should be enacted by the City Council prior to fiscal year end.The operating budget will be submitted to the GFOA annually for evaluation and possible awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGETS -An Operating budget will be balanced, with current revenues, exclusive of beginning resources,greater than or equal to current expenditures/expenses. C. PLANNING- The budget process will be coordinated so as to identify major policy issues for City Council. D.BUDGETED DRAWDOWN OF RESERVES- One-time purchases may be requested by the City Manager through the budget process, subject to the Fund Balance Policy in section IX of the Policies. E. REPORTING- Periodic financial reports will be prepared to enable the department managers to manage their budgets and to enable the Budget Manager to monitor and control the budget as approved by the City Council.Monthly financial reports will be presented to the City Council. Such reports will include current year revenue and expenditures. F. CONTROL - Operating Expenditure Control is addressed in Section VII of the Policies. 5 G. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS — Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting process. V. CAPITAL BUDGET AND PROGRAM A.PREPARATION-The city's capital budget will include all capital projects funds and all capital resources. The budget will be prepared annually on a fiscal year basis and adopted by ordinance. The capital budget will be prepared by the City Manager with assistance from the Finance Department and involvement of all required city departments. B. CONTROL - All capital project expenditures must be appropriated in the capital budget. Finance must certify the availability of resources so an appropriation can be made before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING- The capital budget will include capital improvements program for future years. The planning time frame should normally be five years. The replacement and maintenance for capital items should also be projected for the next five years at a minimum. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. D. ALTERNATE RESOURCES - Where applicable, assessments, impact fees, or other user- based fees should be used to fund capital projects which have a primary benefit to certain property owners. E. DEBT FINANCING - Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued.When debt is issued,it will be used to acquire major assets with expected lives that equal or exceed the average life of the debt issue.The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F. STREET MAINTENANCE - The city recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore,the City's goal is to allocate a portion of the General Fund budget each year to maintain the quality of streets. The amount will be established annually so that repairs will be made amounting to a designated percentage of the value of the streets. G.WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT-The city recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore,to ensure that the rehabilitation and replacement program is adequately funded, the City's goal will be to dedicate an amount equal to at least 1 % of the undepreciated value of infrastructure annually to provide for a water and wastewater main repair and replacement program. H. REPORTING- Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the finance department to monitor the capital budget as authorized by the City Manager. 6 VI. REVENUE MANAGEMENT A. SIMPLICITY - The city will strive to keep the revenue system simple which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. The city will avoid nuisance taxes,fees, or charges as revenue sources. B. CERTAINTY-An understanding of the revenue source increases the reliability of the revenue system. The city will try to understand its revenue sources,and enact consistent collection policies so that assurances can be provided that the revenue base will materialize according to budgets and plans. C. EQUITY - The city will strive to maintain equity in the revenue system structure. That is, the city will seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities and customers.However,it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D.ADMINISTRATION- The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness as a part of the indirect cost, and cost of services analysis. E.REVENUE ADEQUACY-The city will require that there be a balance in the revenue system. That is,the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service,willingness to pay, and ability to pay. F.COST/BENEFIT OF ABATEMENT-The city will use due caution in the analysis of any tax, fee, or water and wastewater incentives that are used to encourage development. A cost/benefit (fiscal impact)analysis will be performed as a part of such analysis and presented to the appropriate entity considering using such incentive. G. DIVERSIFICATION AND STABILITY - In order to protect the government from fluctuations in revenue source due to fluctuations in the economy,and variations in weather(in the case of water and wastewater),a diversified revenue system will be maintained. H. NON-RECURRING REVENUES - One-time revenues will not be used for ongoing operations.Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. I. PROPERTY TAX REVENUES - Property shall be assessed at 100%of the fair market value as appraised by the Collin County Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. A 100%collection rate will serve as a minimum for tax collection. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by State law, and in accordance with the attorney's contract. Annual performance criteria will be developed for the attorney regarding the collection of delinquent taxes. J. PARKS AND RECREATION 4B SALES TAX REVENUE - Parks and Recreation 4B sales tax revenue shall supplement but not supplant the funding for the Parks and Recreation System in 7 the General Fund and the Recreation Center Department of the Parks and Recreation 4B Sales Tax Revenue Fund. K.USER-BASED FEES-For services associated with a user fee or charge,the direct and indirect costs of that service will be offset by a fee where possible. There will be an annual review of fees and charges to ensure that fees provide adequate coverage of costs and services. User charges may be classed as "full cost recover," "partial costs recover," and "minimal cost recovery," based upon City Council policy. L. IMPACT FEES - Impact fees will be imposed for water, wastewater, and transportation in accordance with the requirements of State law. The staff working with the particular impact fee shall prepare a semi-annual report on the capital improvement plans and fees. Additionally, the impact fees will be re-evaluated at least every three years as required by law. M. GENERAL AND ADMINISTRATIVE CHARGES-A method will be maintained whereby the General Fund can impose a charge to the enterprise funds for general and administrative services (indirect costs) performed on the enterprise funds' behalf. The calculation will be based upon the percentage of personnel time and other resources attributed to the Enterprise Fund by each department of the General Fund. The details will be documented and said information will be maintained in the Finance Department for review. N. UTILITY RATES - The city will review utility rates annually and, if necessary, adopt new rates to generate revenues required to fully cover operating expenditures,meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital needs. This policy does not preclude drawing down cash balances to finance current operations. However,it is best that any extra cash balance be used instead to finance capital projects. O. PARKS AND RECREATION 4B FUND BALANCE - The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The city's goal will be to maintain the Fund Balance at 25%of the annual Parks and Recreation 4B sales tax budgeted revenue. P. UTILITY FUND BALANCE - The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It may not be used for any other purpose. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund Balance at 90 days of budgeted expenditures. Q. INTEREST INCOME- Interest earned from investment of available monies,whether pooled or not,will be distributed to the funds in accordance with the operating and capital budgets which, wherever possible, will be in accordance with the equity balance of the fund from which monies were provided to be invested. R. REVENUE MONITORING - Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. VII. EXPENDITURE CONTROL A. APPROPRIATIONS - The level of budgetary control is the department level budget in the General Fund, and the fund level in all other funds. When budget adjustments (i.e., amendments), 8 among departments and/or funds are necessary these must be approved by the City Council.Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. CONTINGENCY ACCOUNT EXPENDITURES-The General Fund Contingency Account will be budgeted and approved by the City Council as a part of the budget process. The City Manager must approve all contingency account expenditures. C. VACANCY FUNDS — Savings from position vacancies will be reviewed as a part of the midyear budget amendments and savings will be either allocated to other accounts by Council approval or become unbudgeted funds to add to the ending fund balance. D. CENTRAL CONTROL - Significant vacancy (salary) and capital budgetary savings in any department will be centrally controlled by the City Manager. E.PURCHASING-All purchases shall be made in accordance with the city's purchasing policies as defined in the Purchasing Manual. Authorization levels for appropriations previously approved by the City Council in the Operating Budget are as follows: Below Directors$500.00,for Directors up to$1,000,for Purchasing Agent up to $3000.00,for Finance Director up to $7,500.00.The City Manager can authorize expenditures over $7,500.00 with any purchases exceeding $50,000.00 to be approved by the City Council. F. PROFESSIONAL SERVICES - Professional services contracts will be coordinated through the purchasing agent in compliance with statutory regulations. G. CONTRACT AUTHORITY —By statute, contracts greater than or equal to $50,000.00 must be approved by Council, after which either the Mayor or the City Manager may then sign any necessary documents. By ordinance, contracts less than $50,000.00 may be authorized and signed by the City Manager, provided there is an appropriation for such contract. Signature authority for contracts equal to or less than $1,000 has been delegated by the City Manager to the purchasing agent. H.PROMPT PAYMENT-All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the city's investable cash,where such delay does not violate the agreed upon terms. I. INFORMATION TECHNOLOGY - Certain information technology acquisitions will be centrally funded from the Information Technology Division. Acquisitions from this division may include all related professional services costs for researching and/or implementing an information technology project. Annual funding for replacements and for new technology will be budgeted in the IS department with the exception of the Utility Fund.Additional funding above the base amount may be provided for major projects with available one-time sources including debt proceeds and/or grants. J. PREPAID EXPENDITURES — Final determination of expenditure coding in the General Ledger will be assigned to the Finance Department. Expenditure coding must remain consistent. Purchased items must fit the description of the line item they are being charged to. Amounts of $5,000 or more paid in advance or across budget years will be coded as prepaid items and charged 9 to the next budget year. Department Directors are responsible for budgeting and paying these items accordingly. VIII. ASSET MANAGEMENT A. INVESTMENTS - The city's investment practices will be conducted in accordance with the City Council approved Investment Policies. B.CASH MANAGEMENT-The city's cash flow will be managed to maximize the cash available to invest. C. INVESTMENT PERFORMANCE - A monthly report on investment performance will be provided by the Finance Director to the City Manager for presentation to the City Council. D. FIXED ASSETS AND INVENTORY-These assets will be reasonably safeguarded,properly accounted for, and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS - Current expenditures will be paid with current revenues. Deferrals, short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves will be used only for emergencies on non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B.INTERFUND LOANS-Non-routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council.At the time an interfund loan is considered,a plan to repay it prior to fiscal year end shall also be considered.A fund will only lend money that it will not need to spend for the next 365 days. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Loans will not be made from the city's enterprise funds (Water/Wastewater, etc.), except for projects related to the purpose of the fund. Total interfund loans outstanding from a fund shall not exceed 15%of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. C. FUND BALANCE POLICY 1. Committed Fund Balance — The City Council is the City's highest level of decision- making authority and the formal action that is required to be taken to establish,modify, or rescind a fund balance commitment is a resolution approved by the Council at the City's Council meeting. The resolution must either be approved or rescinded,as applicable,prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. 2. Assigned Fund Balance — The City Council has authorized the City Manager as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. 3. Order of Expenditure of Funds—When multiple categories of fund balance are available for expenditure,the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds. 10 4. Minimum General Fund Unassigned Fund Balance—It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25%of expenditures. The City considers a balance of less than 20%to be cause for concern,barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency,the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. 5. Minimum Utility Fund Balance — The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund ending Fund Balance at 90 days of budgeted expenditures. 6. Minimum Parks and Recreation 4B Fund Balance—The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The City's goal will be to maintain the Parks and Recreation 4B Fund ending Fund Balance at 25% of budgeted 4B sales tax revenues. D.RISK MANAGEMENT PROGRAM-The city will aggressively pursue every opportunity to provide for the public's and city employees' safety and to manage its risks. E. ENTEPRISE FUND SELF-SUFFICIENCY - The city's enterprise funds' resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable)their fair share of general and administrative expenses,in-lieu-of-property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses,then the City Council may waive general and administrative expenses,in-lieu-of-property taxes and/or franchise fees until the fund is able to pay them. The City Council may pay out-of-pocket expenses that a fund is temporarily unable to pay with interfund loans,to be repaid at a future date. X. DEBT MANAGEMENT A. GENERAL - The city's borrowing practices will be conducted in accordance with the prudent industry practices and subject to City Manager approval. B. SELF-SUPPORTING DEBT - When appropriate, self-supporting revenues will pay debt service in lieu of tax revenues. C. ANALYSIS OF FINANCING ALTERNATIVES - The city will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees,and use of reserves or current monies. D.VOTER AUTHORIZATION-The city shall obtain voter authorization before issuing General Obligation Bonds as required by law. Voter authorization is not required for the issuance of Revenue Bonds. However,the city may elect to obtain voter authorization for Revenue Bonds. XI. STAFFING AND TRAINING A.ADEQUATE STAFFING- Staffing levels will be adequate for the fiscal functions of the city to function effectively. Overtime shall be used only to address temporary or seasonal demands that require excessive hours. Workload scheduling alternatives will be explored before adding staff. 11 B. TRAINING - The city will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating,teaching,and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. XII. GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION- The City Manager will be informed about available grants by the departments and will have final approval over which grants are applied for. The grants should be cost beneficial and meet the city's objectives. B. RESPONSIBILITY - Departments will oversee the day to day operations of grant programs, will monitor performance and compliance, and will also keep the Finance Department and Purchasing informed of significant grant-related plans and activities. Departments will also report re-estimated annual revenues and expenses to the Finance Department as needed. Finance Department staff members will serve as liaisons with grantor financial management personnel,will prepare invoices,and will keep the books of account for all grants.All goods and services obtained through grants are subject to City purchasing policies and must be coordinated with the purchasing agent. XIII. ANNUAL REVIEW AND REPORTING A.These Policies will be reviewed administratively by the City Manager at least annually,and will be presented to the City Council by the Finance Department for confirmation of any significant changes. B.The Finance Director will report annually to the City Manager on compliance with these policies. 12 144, Wylie City Council AGENDA REPORT MIFAfi,M iRY'V'%%% Meeting Date: September 26,2017 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: September 13,2017 Budgeted Amount: Exhibits: Investment Policy/Resolution Subject Consider, and act upon, Resolution No. 2017-18(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A —Authorized Investments for Governmental Entities. Recommendation Motion to approve Resolution No. 2017-18(R) approving the current Investment Policy. Discussion Texas Government Code requires that the governing body of an investing entity review its investment policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall record any changes made to the investment policy. No changes are currently being made to it. Page 1 of 1 RESOLUTION NO. 2017-18(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENT STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the Public Funds Investment Act, as amended, requires the City of Wylie to adopt the investment policy by rule, order, ordinance or resolution; and WHEREAS, the Investment Policy was originally approved December 12, 2006; and WHEREAS, the Investment Policy complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and Subchapter B —Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT the City of Wylie has complied with the requirements of the Public Funds Investment Act and the Investment Policy, attached hereto, is adopted as the investment policy of the City effective September 26, 2017. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 26t1 day of September, 2017. Eric Hogue, Mayor ATTESTED BY: Carole Ehrlich, City Secretary Resolution No.2017-18(R) Amendment of Investment Policy INVESTMENT POLICY Adopted May 1995 Revised December 2006 1 INVESTMENT POLICY Table of Contents L INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1 Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE 3 VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 XIII. RECORD KEEPING AND REPORTING 7 X1V. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A -BROKER/DEALER QUESTIONNAIRE APPENDIX B -CERTIFICATION BY DEALER INVESTMENT POLICY I.INTRODUCTION The City's principal investment objectives, in order of priority, are listed below. Chapter 2256 of Title 10 of the Local Government Code (herein after referred to as the "Public Funds Safety. The primary objective of the City's Investment Act") prescribes that each city is to adopt investment activity is the preservation of principal written rules governing its investment practices and (capital) in the overall portfolio. Each investment to define the authority of the investment officer. The transaction shall seek first to ensure that capital following Investment Policy addresses the methods, losses are avoided, whether the loss occurs from the procedures, and practices which must be exercised to default of a security or from erosion of market value. ensure effective and judicious fiscal management of the City's funds. This Policy shall not apply to the Liquidity. The City's investment portfolio will selection, retention or other issues concerning the remain sufficiently liquid to enable the City to meet depositories of the City's funds in demand deposits as operating requirements that might be reasonably provided under Chapter 105 of the Local Government anticipated. Liquidity shall be achieved by matching Code. investment maturities with forecasted cash flow requirements, by investing in securities with active II. SCOPE secondary markets, and by using state or local investment pools. This Policy shall apply to the investment and management of all funds of the City under its control, Diversification. The governing body recognizes that other than those expressly excluded herein or by in a diversified portfolio, occasional measured losses applicable law or valid agreement. This Policy shall due to market volatility are inevitable, and must be not supersede the restrictions on investment and use considered within the context of the overall applicable to any specific fund and, in the event of portfolio's return, provided that adequate any conflict between this Policy and the requirements diversification has been implemented. Therefore, of any fund subject hereto, the specific requirement assets held in the common investment portfolio shall applicable to such fund shall be followed as well as be diversified to eliminate the risk of loss resulting all other provisions of this Policy other than those in from one concentration of assets in a specific conflict. The Employees Deferred Compensation maturity, a specific issuer or a specific class of Agency Fund is excluded from coverage under this securities. Policy. Yield. The investment portfolio goal (benchmark) In order to make effective use of the City's resources, against which the yield is compared will be all monies shall be pooled into one bank account, established from time to time by the Finance except for those monies required to be accounted for Director. Recommendations by the Investment in other bank accounts as stipulated by applicable Committee will be considered when the performance laws,bond covenants or contracts. The bank account measure is being established. Efforts to seek higher will be maintained by pooled fund group for purposes than the above goal must be consistent with risk of implementing pooled fund strategies and reporting. limitations identified in this policy and prudent The income derived from this pooled investment investment principles. The City's investment account shall be distributed by fund in accordance portfolio shall be designed with the objective of with the City's internal procedures. attaining a rate of return which is consistent with the risk limitations and cash flow characteristics of the III.OBJECTIVES City's investments. IV.INVESTMENT COMMITTEE INVESTMENT POLICY misrepresentation by third parties, or imprudent An investment committee consisting of the City actions by employees and officers of the City. Attorney, City Manager and Director of Finance will meet on a quarterly basis. The Investment Committee With written approval from the City Manager, the shall be authorized to invite advisors to the meetings Director may delegate any phase of the investment as needed. management program to members of the City staff. Such approval shall state specifically the functions The investment officer will present a brief report of such person is authorized to perform or that the investment activities to the Investment Committee. person is authorized to perform all activities of the The primary objectives of the committee will be to Director under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for (1) make recommendations regarding investment himself and each of his designees in amounts strategies determined adequate by the Director (which shall not (2) approve a list of authorized brokers, dealers, be less than five percent of the amounts subject to banks, savings and loans, credit unions, and this Policy) for each fiscal year as shown by the pools approved budget. No person may engage in an (3) recommend a list of authorized training investment transaction except as provided under the sources for the state mandated investment terms of this Policy and the internal procedures training and established by the Director. A current list of persons (4) monitor program results. authorized to transact investment business and wire funds on behalf of the City shall be maintained by the The committee shall include in its deliberations such Director. topics as performance reports, economic outlook, portfolio diversification, maturity structure, potential At the discretion of either the City Manager or the risk to the city's funds, and the target rate of return Director and in any event upon the termination or on the investment portfolio. The Investment reassignment of any member of the Director's staff Committee shall provide for minutes of its meetings. authorized to conduct transactions for the City pursuant to this Policy, the authority of such person V.DELEGATION OF AUTHORITY shall be revoked and such revocation of authority shall be immediately communicated by the Director Management responsibility for the investment orally and in writing to each and every depository, program is delegated by the City Council to the City broker/dealer, investment advisor, custodian and Manager who will designate the Finance Director as other agency or entity with whom the City has any Investment Officer (hereinafter referred to as the existing or continuing relationship in the "Director"). The Director's authority will at all times management of its investments. be limited by conformance with all Federal regulations, State of Texas statutes and other legal VI.INVESTMENT STRATEGY requirements including the City Charter and City Ordinances, including this Policy. The City of Wylie maintains a pooled investment portfolio. The pooled portfolio utilizes specific The Director shall develop and maintain written investment strategies designed to address the unique administrative procedures for the operation of the characteristics of the pooled investment portfolio. investment program consistent with this Policy. The The pooled investment portfolio includes Operating controls shall be designed to prevent, identify and Funds, Debt Service Funds, Debt Service Reserve control losses of public funds arising from deviation Funds, Capital Projects and Special Purpose Funds. from this Policy, fraud, employee error, and INVESTMENT POLICY Investment strategies for these different groups are (1) the investment of all funds, or funds under detailed below, the City's control, over which the officer had responsibility rather than a consideration as (1) Investment strategies for operating, debt to the prudence of a single investment; and service, capital project, and special purpose funds have as their primary objective to assure that (2) whether the investment decision was anticipated cash outflows are matched with adequate consistent with the written investment policy investment liquidity. The secondary objective is to of the City. create a portfolio structure which will experience minimal volatility during economic cycles. The Director and his staff shall recognize that the investment activities of the City are a matter of public (2) The investment strategy for the debt service record. Therefore, all participants in the investment reserve funds shall have as the primary objective the process shall seek to act responsibly as custodians of ability to generate a dependable revenue stream from the public trust. Investment officials shall avoid any securities with a low degree of volatility. Securities transactions that might impair public confidence in should be of high quality, with short to intermediate the City's ability to govern effectively. term maturities. Except as may be required by a bond ordinance, securities should be of high quality with VIII.INVESTMENTS AUTHORIZED BY THE short to intermediate-term maturities. CITY OF WYLIE VII. STANDARD OF CARE Authorized investments for municipal governments in the State of Texas are set forth in the Public Funds Investments shall be made with judgment and care, Investment Act, as amended (Section 2256.009- under prevailing circumstances, that a person of 2256.019, Government Code). However, suitable prudence, discretion, and intelligence would exercise investments for the City of Wylie are limited to the in the management of the person's own affairs, not following. for speculation, but for investment, considering the probable safety of capital and the probable income to (1) Direct obligations of the United States or its be derived. Investment of funds shall be governed by agents and instrumentalities with a stated maturity of the following investment objectives, in order of 5 years or less. priority: (2) Certificates of deposit issued in the State of (1) preservation and safety of principal; Texas with a maximum maturity of 2 years or less and insured by the Federal Deposit Insurance (2) liquidity; and Corporation. (3) diversification; and (3) Fully collateralized direct repurchase agreements with a defined termination date of 2 years (4) yield. or less which are secured by obligations of the United States or its agencies and instrumentalities and In determining whether an investment officer has pledged with a third party in the City's name. The exercised prudence with respect to an investment agreement must be placed through a primary decision, the determination shall be made taking into government securities dealer, as defined by the consideration: Federal Reserve, or by a financial institution doing business in the State of Texas. Each issuer of INVESTMENT POLICY repurchase agreements shall be required to sign a Reserve Bank as the securities are simultaneously master repurchase agreement. released to the purchaser). In this manner the City will always have possession of either its securities or (4) Approved investment pools as described in its monies. Section 2256.016 which are continuously rated no lower than AAA, AAA-m or an equivalent rating by X. DIVERSIFICATION AND MATURITY at least one nationally recognized rating agency and LIMITS have a weighted average maturity no greater than 90 days. It is the policy of the City to avoid concentration of assets in a specific maturity, a specific issue, or a IX. OTHER INVESTMENT GUIDELINES specific class of securities,with the exception of U.S. Treasury issues. The asset allocation in the portfolio The City seeks active management of its portfolio should, however, be flexible depending upon the assets. In order to meet the objectives of this Policy, outlook for the economy and the securities markets. the City may from time to time sell securities that it owns in order to better position its portfolio assets. The City will not exceed the following maximum Sales of securities prior to maturity shall be limits as a percentage of the total portfolio for each of documented and approved by the Director before the categories listed below: such a transaction is consummated. Sales of securities yielding net proceeds less than 92% of the Max. book value of the securities must be approved in of Max. advance and in writing by the City Manager. Three Investment Category Portfolio Maturity examples of situations involving the sale of securities Obligations of the United 100% 5 years prior to maturity are States or its agencies and instrumentalities. (1) swap - to sell an investment to realize a capital gain, Certificates of Deposit 25% 18 mon. (2) To better position selected investments due to a change in market conditions, Repurchase Agreements 100% 2 years NOT Reverse Repurchase (3) To react to emergency liquidity demands. Agreements Each investment transaction must be based upon The Director shall evaluate how each security competitive quotations received from at least three purchased fits into the City's overall investment broker/dealers who have been approved by the City strategy. in accordance with Texas law. At all times the City shall maintain 10 percent of its The purchase and sale of all securities shall be on a total investment portfolio in instruments maturing in delivery versus payment or payment versus delivery 90 days or less. The weighted average maturity of all basis (i.e., for securities purchases, monies will not securities and certificates of deposit in the City's total be released by the City's safekeeping bank until investment portfolio at any given time (not including securities are received at the Federal Reserve Bank cash or demand deposits) shall not exceed 2 years. for further credit to the City's safekeeping bank. In the case of securities sales, monies will be received XI. SELECTION OF BROKERS/DEALERS by the City's safekeeping bank via the Federal INVESTMENT POLICY The City shall maintain a list of broker/dealers and imprudent investment activities being conducted financial institutions which have been approved for between the entity and the securities firm (See investment purposes by the investment committee. Appendix B). (For the purpose of this investment policy, Broker/dealer will be used to refer to any brokerage All approved broker/dealer firms must have a firm, bank, investment pool, or financial institution completed City of Wylie broker/dealer questionnaire, with which the City does investment business). investment policy, written acknowledgment per Securities may only be purchased from those above guidelines, executed master repurchase authorized institutions and firms. The authorized agreement, if applicable, and current financial broker/dealers will be reviewed at least annually. To information on file. Certification language should be be eligible, a broker/dealer must meet at least one of mutually acceptable to both parties. An investment the following criteria: 1) be recognized as a Primary officer of the City may not buy any securities from a Dealer as defined by the New York Federal Reserve person who has not delivered to the City an Market Reports Division; or 2) complies with instrument substantially in the form provided by this Securities and Exchange Commission Rule 15C3-1, policy. the Uniform Net Capital Requirement Rule. If the City's depository bank also provides custodial and The Director shall review the quality of service and safekeeping services for the City, the bank may not financial stability of each broker/dealer and financial be included as an authorized broker/dealer for the institution approved under this Section at least City, however (Non- negotiable Certificate of annually. Any approved broker/dealer or financial Deposits are exempt from this policy. institution may be removed from the list of approved broker/dealers with the approval of the Director, if in Broker/dealers will be selected and recommended to the opinion of the Director, the firm has not the investment committee by the Director on the performed adequately or its financial position is basis of their financial stability, expertise in cash considered inadequate. management and their ability to service the City's account. Each broker/dealer that has been authorized by the City shall be required to submit and annually XII. SAFEKEEPING AND CUSTODY update a Broker/Dealer Information Request form which includes the firm's most recent financial Investment securities purchased for the City will be statements. The Director shall maintain a file which delivered by either book entry or physical delivery includes the most recent Broker/Dealer Information and shall be held in third-party safekeeping by a Request forms submitted by each firm approved for Federal Reserve Member financial institution investment purposes. A copy of the submitted designated as the City's safekeeping and custodian Broker/Dealer Information Request forms as well as bank. The City may designate more than one a list of those broker/dealers approved by the City custodian bank. The City shall execute a shall be maintained by the Director (See Appendix Safekeeping Agreement with each bank prior to A). utilizing the custodian's safekeeping services. Only a state or national bank located within the State of The City of Wylie will provide all approved Texas may be utilized as a custodian of securities securities dealers with a copy of the City's pledged to secure certificates of deposit. The Investment Policy. A principal in the firm must safekeeping agreement must provide that the execute a written statement acknowledging receipt safekeeping bank will immediately record and and review of the policy and a statement promptly issue and deliver a signed safekeeping acknowledging that reasonable procedures and receipt showing the receipt and the identification of controls have been implemented to preclude the security, as well as the City's interest. INVESTMENT POLICY XIII.RECORD KEEPING AND REPORTING The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping A record shall be maintained of all bids and offerings Agreement executed with each custodian bank. for securities transactions in order to ensure that the City receives competitive pricing. All transactions The City must approve release of securities in writing shall be documented by the person authorizing the prior to their removal from the custodial account. A transaction in a form that shows that person's name, telephone facsimile of a written authorization shall be the party instructed to execute the transaction, the sufficient if the custodian orally confirms receipt of date, a description of the transaction and a brief the transmission and an exact copy of the document statement of the reason(s) for the transaction. is retained in the City's files. In no event shall the custodial bank be an authorized depository bank, At least annually, the Director shall verify that all issuer of repurchase agreements in which the City securities purchased by or pledged to the City are on invests or broker/dealer of securities on behalf of the hand in appropriate form. The City, in conjunction City. with its annual financial audit, shall perform a compliance audit of management controls on All securities shall be confirmed in the name of the investments and adherence to the City's established City and delivered to an approved custodial bank or investment policies. carried at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit Each depository of the City's funds shall maintain purchased or pledged securities. All book entry separate, accurate and complete records relating to all securities owned by the City shall be evidenced by a deposits of the City's funds, the securities pledged to safekeeping receipt issued to the City and signed by secure such deposits and all transactions relating to the appropriate officer at the custodian bank stating the pledged securities. Each approved custodian that the securities are held in the Federal Reserve shall maintain separate, accurate and complete System in a CUSTOMER ACCOUNT naming the records relating to all securities received on behalf of City as the "customer." In addition, the custodian the City, whether pledged, purchased or subject to bank will, when requested, furnish a copy of the repurchase agreement, as well as all transactions delivery advice received by the custodian bank from related to such securities. In addition, each the Federal Reserve Bank. depository shall file all reports required by the Texas State Depository Board. Each depository and All certificated securities (those transferred by custodian shall agree to make all the records physical delivery) shall: 1) be held by an approved described in this paragraph available to the Director custodian bank or any correspondent bank in New or designee and the City's auditors at any reasonable York City approved by the Director; and 2) the time. correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City All broker/dealers, custodians, depositories and evidencing that the securities are held by the investment advisors shall maintain complete records correspondent bank for the City. of all transactions that they conducted on behalf of the City and shall make those records available for The original safekeeping receipt for each transaction inspection by the Director or other representatives including purchased securities under a repurchase designated by the City Council or City Manager. agreement and collateral securing deposits will be forwarded to the Director or his designee and held in All sales of securities for less than the book value of a secured file by the City. the security shall be approved by the Director. Sales of securities for less than 92 percent of the book INVESTMENT POLICY value of the securities must be approved by both the City Manager and the Director. XIV.ETHICS AND CONFLICTS OF INTEREST An investment report shall be prepared by the Officers and employees of the City involved in the Director and signed by each officer and employee of investment process shall refrain from personal the City authorized to conduct any of the City's business activity that involves any of the City's investment activity, on a annual basis listing all of the approved custodians, depositories, broker/dealers or investments held by the City, beginning and ending investment advisors. Employees and officers shall not market value for period, the current market valuation utilize investment advice concerning specific of the investments and transaction summaries, securities or classes of securities obtained in the including a detailed list of the gains and losses transaction of the City's business for personal recognized. The market value will be determined by: investment decisions, shall in all respects subordinate (1)written reports such as the Wall Street Journal; (2) their personal investment transactions to those of the on-line services such as Bloomberg; or (3) through a City, particularly with regard to the timing of primary dealer or national bank that is independent of purchases and sales and shall keep all investment the specific security being valued. The report must advice obtained on behalf of the City and all state the pooled fund group for each asset/security. transactions contemplated and completed by the City The report shall explain the total investment return confidential, except when disclosure is required by during the previous quarter and compare the law. portfolio's performance to other benchmarks of performance. If invested in securities, the City's An investment officer of the City who has a personal audit firm must review the quarterly reports annually business relationship with an organization seeking to and the result of the review shall be reported to the sell an investment to the City shall file a statement City Council by that auditor. disclosing that personal business interest. An investment officer who is related within the second Within 90 days after the end of the City's fiscal year, degree by affinity or consanguinity to an individual the Director shall prepare, sign and deliver to the City seeking to sell an investment to the City shall file a Manager and the City Council an annual report on the statement disclosing that relationship. A statement City's investment program and investment activity required under this subsection must be filed with the which has also been signed by each officer and Texas Ethics Commission and the governing body of employee of the City authorized to conduct any of the the City. City's investment activity. The annual report shall include full year investment returns. Such annual XV.POLICY REVISIONS report shall include an analysis of the compliance with this Policy as well as changes in the applicable This Investment Policy will be reviewed at least laws and regulations during the previous year and annually by the City Attorney, City Manager and may include any other items of significance related to Director of Finance and revised when necessary. All the investment program. The annual investment revisions shall be approved by the City Council. report will be reviewed as a part of the annual audit. i, AGM E,.fir', i .,.r 'I ,,: ; Wylie City Council � , AGENDA REPORT L"XI V d'M M Meeting Date: September 26, 2017 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: September 14, 2017 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2017. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for August 31, 2017. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2016-2017 Investment Report August 31, 2017 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,666,715.18 MMA 0.9989% Texpool 12/31/2006 NA 2 $15,194,336.96 MMA 1.0343% TexStar 3/15/2011 NA $29,861,052.14 Total Weighted Average Coupon: 1.0169% Money Markets: $29,861,052.14 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,861,052.14 AGME,. P A � 'I ,a�, Wylie City Council , �,, AGENDA REPORT ""��"F�. i ,, ski LPTz XYYb b"pM Meeting Date: September 26, 2017 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: September 14, 2017 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2017. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2017. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31,2017 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 27,419,065 550,936 25,940,876 94.61% A FRANCHISE FEES 2,680,000 176,842 2,468,070 92.09% LICENSES AND PERMITS 811,000 114,653 1,049,699 129.43% INTERGOVERNMENTAL REV. 897,145 36,873 854,363 95.23% SERVICE FEES 3,230,000 283,464 2,990,578 92.59% FINES AND FORFEITURES 570,800 44,860 514,825 90.19% INTEREST INCOME 20,000 9,604 74,712 373.56% MISCELLANEOUS INCOME 159,500 51,049 225,149 141.16% OTHER FINANCING SOURCES 2,127,714 990,320 3,122,469 146.75% B REVENUES 37,915,224 2,258,601 37,240,741 98.22% USE OF FUND BALANCE 1,573,248 NA NA NA C USE OF CARRY-FORWARD FUNDS 200,647 NA NA NA TOTAL REVENUES 39,689,119 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 114,462 6,280 76,328 66.68% CITY MANAGER 889,328 63,491 748,569 84.17% CITY SECRETARY 361,422 43,233 288,545 79.84% CITY ATTORNEY 155,000 8,740 65,059 41.97% FINANCE 1,166,933 112,455 1,005,465 86.16% FACILITIES 748,863 56,953 530,379 70.82% MUNICIPAL COURT 458,048 27,722 377,248 82.36% HUMAN RESOURCES 430,119 35,320 351,668 81.76% PURCHASING 162,787 11,912 134,581 82.67% INFORMATION TECHNOLOGY 1,248,123 120,747 1,062,612 85.14% POLICE 8,520,481 614,643 7,303,423 85.72% FIRE 8,141,806 574,610 6,770,527 83.16% EMERGENCY COMMUNICATIONS 1,603,881 91,664 1,143,514 71.30% ANIMAL CONTROL 582,434 39,026 468,582 80.45% PLANNING 608,756 46,066 516,444 84.84% BUILDING INSPECTION 576,140 40,797 411,732 71.46% CODE ENFORCEMENT 234,175 16,599 178,512 76.23% STREETS 3,221,586 202,201 2,584,692 80.23% PARKS 2,651,881 214,953 2,027,962 76.47% LIBRARY 1,913,416 128,863 1,615,913 84.45% COMBINED SERVICES 5,400,497 264,026 4,329,350 80.17% TOTAL EXPENDITURES 39,190,138 2,720,301 31,991,105 81.63% REVENUES OVER/(UNDER)EXPENDITURES 498,981 -461,700 5,249,636 16.59% A. Property Tax Collections for FY16-17 as of August 31 are 100.07%, in comparison to FY15-16 for the same time period of 100.99%. B.Other Financing Sources includes the annual transfer from the Utility Fund, insurance recoveries, &proceeds from the sale of capital assets. C. Use of Fund Balance:Amount expensed in Q1 -Q3 FY 2017(Oct-Jun)for hail storm damage repairs plus transfer to PSB Remodel/Expansion. CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31,2017 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 15,945,000 1,593,168 13,081,584 82.04% D INTEREST INCOME 10,000 3,862 24,733 247.33% MISCELLANEOUS INCOME 32,000 1,955 38,352 119.85% OTHER FINANCING SOURCES 0 4,158 5,432 0.00% E REVENUES 15,987,000 1,603,143 13,150,101 82.25% USE OF FUND BALANCE 41,637 NA NA NA F USE OF CARRY-FORWARD FUNDS 45,000 NA NA NA TOTAL REVENUES 16,073,637 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 408,419 21,245 279,957 68.55% UTILITIES-WATER 2,475,365 126,727 1,586,986 64.11% CITY ENGINEER 503,600 31,606 346,180 68.74% UTILITIES-SEWER 710,633 47,531 545,967 76.83% UTILITY BILLING 512,687 32,068 358,554 69.94% COMBINED SERVICES 12,257,449 735,489 11,002,692 89.76% TOTAL EXPENDITURES 16,868,153 994,666 14,120,336 83.71% REVENUES OVER/(UNDER)EXPENDITURES -794,516 608,477 -970,235 -1.46% D.Service Fees:Water&Sewer fees billed in October are applicable towards FY 2015-16 revenue. E.Other Financing Sources includes insurance recoveries, &proceeds from the sale of capital assets. F. Use of Fund Balance:Amount expensed in Q1 -Q3 FY 2017(Oct-Jun)for hail storm damage repairs. Wylie City Council AGENDA REPORT '7180- Meeting Date: September 26,2017 Item Number: G Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 12,2017 Budgeted Amount: Exhibits: 1 Subject Consider and act upon a vendor application for the Pirate Pacesetter Booster Club for a fundraiser event at Olde City Park on November 4, 2017. Recommendation Motion to recommend a vendor application for the Pirate Pacesetter Booster Club for a fundraiser event at Olde City Park on November 4, 2017. Discussion The Wylie High School Pirate Pacesetter Booster Club is proposing to host a fundraiser to be held at Olde City Park on November 4, 2017. The applicant plans on raising funds by having arts and craft booths in the park. This is 2nd year of this event, there were no issues in the 2016 event. The funds raised from this event would be used to support the drill team program at Wylie High School. Parks Division staff would assist with litter and any park set up. The Parks and Recreation Board approved the vendor application at the September 11, 2017 meeting. Page 1 of 1 1/1/71 CITY OF WY LIE iE 300 Country Club Rd, Building 100,Wylie,TX 75098 4111 Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov III IIIIIII III III III II III IIII ., „r »» IN' D1�'� it Illl,llffl� iII �� l aarlr r r r '®IllllII °i�rIIII " r'ri r IIII,', rrr!ruii heir rlrl.l, rd�.� r;lrll; !!!! I '�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP j �II. 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Bflr IIII, �W W rll-- rd , hrrrrrlr i rrrl IIII r r) p �� i�i � r � ��r��lll I� �rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr IIII I III IIIII III III III III IIIIIIIII Illy III Ilf'rrr "" rrr " °° Applic.11.n t In Ifs rim .,I.ti rlsn Name of Organization: Primary Contact Person's Name: WHS Pacesetters_Pirate Pacesetter Booster Club(PPBC) JennifeC GeiSer Organization's Phone Number: Primary Contact Person's Phone Number: 214_918 S5C2 III 4C9_5C9_7824 Organization's Address: Primary Contact Person's Address: N A 7614 Meadowknol'Drive SacnSe TX 75048 Organization's Website/Email: Primary Contact Person's Email: DaZ m1k20sn.co Y @ Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: Trca strop 214 336 2753 strop 3rJ anon corn g/ / g @Y EVent l[n !Ir I'll a .11 i n Event Name/Title: Pacesetter Fall Vendor Craft Fair Event Type(fundraiser,etc.): Purpose of Event: l FunraSer Fundrasmg/wen orsaleS Event Location: oposed Event Date: Alternative Date: Pr III Olde City Park/Gazebo/Pavilion 1st Date- 11/4/17 Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): 45 g ooarp O rp p Anticipated Event Attendance: Event Target Audience: 150 EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. Attached previous year flyer for your review. Vendors: Clothing,Craft,Jewelry,Cosmetics, Local Business and more Food Vendors: If preparing onsite must have appropriate permits. Electricity: For pavilion—PPBC only Kid activities Raffles NOTE: If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact Clayton Stewart,Environmental Services Specialist,at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. 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 Rev.8-10-17 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.8-10-17 w � , Wylie City Council AGENDA REPORT MIFAfi,M iRY'V'%%% Meeting Date: September 26,2017 Item Number: H Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 12,2017 Budgeted Amount: Exhibits: 1 Subject Consider and act upon a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 5, 2017. Recommendation Motion to recommend a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 5, 2017. Discussion The Wylie P.O.L.I.C.E. Club is proposing to host a fundraiser softball tournament to be held at Founders Park on November 5, 2017. This is the first year of this event, but Parks staff has worked with this group previously on other events with no issues. The funds raised from this event would be used to support Wylie P.O.L.I.C.E. Club regular community activities. Parks Division staff would assist with preparing fields, picking up of litter, and any park set up. The Parks and Recreation Board approved the vendor application at the September 11, 2017 meeting. Page 1 of 1 ii Cl'IY OF WY LIE il', 300 Country Club Rd, Building 100,Wylie,TX 75098 4111 Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov III IIIIIII III , , III III ,,, ; „ . ,,,,,,, ,,,II III III I17 ., ;rrrrr ,, ,,, ,, �rrr,. , .,,...,rr,,, ,,,,, ,,,,, .,,, �� , »»,». , '�IRII �f�u ��„ u u Illl,ll ff ,,, II c I;l , ffff r l r�r , r; ®��O g oA nn� b� fir: , I��, Cotincil t:r,o,,,,,rl�lc�'s:,7 �aI o r dliz' rrrr eX+II,lll�iti m it l,,, iiii,, Tffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffff�aiuuuuuuuuuuuuuuuuuuiiiiiiuuuuuuuuuuuuuuuuuuuiiiiiuuuuuuuuuuuuuuuuuuiiiiiiiuuuuuuuuuuuuuuuuuwiiiiiiii III I �((((I JIIIIII IIII II I�I IIII ul �Nhl I I IIIII ��ppj� p/pll Illlp luau ,,,,,,,,,,,,,,,, ,,,, ,,,, : , �, ,,. �� , �», 1 � JJJJ 111W111111 uuuu�rrrrrrr%% uuuuu ,r»»f u I �r � rl , ,u�u IIII r „r rr r,rrrrrrrrrrrrrrrrrrrrrr rrrrr ®I I atilt" �rr r f uuuuur c r ,I r I r/ r IIII r I t I r r I' ' r ,mitt r :��I I r I I ,�,�(��£ ,,pV yr�',.�yl lllllllllllllllll6 ��p I �� an �1W�i� �i ��IWW��I� ��M�1!!! �^�i�l�)�!� �� imlll'�»», �� r�/l� �l�lillll�IIIrtIQW/IR�»mmmmm, I IIIIIIIIIIIIII dllllllll a uuuuuuuuiiiiiiiiiuuuu uuuuuuuuuuuuuiiiiiiiiiuuuuuuuuuuuuuuuumiiiiiiiiuuuuuuuuuuuuuu1111!iiiiiuuuuuuuuuuuuiiiiiuuuuuuuuuuuumiiiiiiiuuuuuu iidlllll dlllllllli' if uu � l �I�I i luuuu iiiiiiiil III II IIIIIIIIIIIIIIIIIIIIIIII uuuuuuuuuuuuuuuuiiiiiiiiiuuum V �� 111111111 1 1111...... 1 1111111111111,1 111 W IIIIIII. .... � � nm nnnnnnn nnnnn m�f.,,. ,, 111111111)111 1 I I n„, ,, nr r r n I I �� r� ,rl rllllll k unr ,rf r�.11ll r�� r�. r, Iri , I r� ,,,., .� r®,,,, aai ,, ,r 6// !� � r, as r, , r, I ,uur r 1�� I , � ��I�� G�'�✓lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli IIII III III IIIIIIIII II III IIL.rrIII,,,rr�� ,,,, � , � II Applic.11.nt In If r . .l:. ui rlsl n Name of Organization: Primary Contact Person's Name: W '1ePOLICE Club Officer Michael Y Organization's Phone Number: Primary Contact Person's Phone Number: 214_732.5773 III 214_732.5773 Organization's Address: Primary Contact Person's Address: 2000 N. H 78 Wylie Texas 75098 2000 N. 78 W lie Texas 75098 Y Hwy Y Organization's Website/Email: Primary Contact Person's Email: _ i i i i ie1http//www. Yletexas. ov/de artments/polce/polc eclub php MchaelStewart@ YlSnet Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: Event Inif!Irrim .I. i n Event Name/Title: Wylie P.O.L.I.C.E.Club Co-Ed Softball Tournament Event Type(fundraiser,etc.): Purpose of Event:................................................... Funra1Ser Funra1Ser for Wylie Event Location: nunnuProposed Event Date: Alternative Date: Founder's Park Fields A, B,and D 1 11/05/2017 2' Date- Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): 8.00arp 9.0 rp p Anticipated Event Attendance: Event Target Audience: 500 Wylie Community EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. The Wylie P.O.L.I.C.E.Club which is run by the Wylie Police Department is hosting a Co-Ed Softball Tournament.The main purpose of the event is a fundraiser for the P.O.L.I.C.E.club.The event will consist of 24 teams in a single elimination style tournament. The P.O.L.I.C.E.Club will set up tables to sell packaged food items and drinks as part of the fundraiser. NOTE: If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost,the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact Clayton Stewart,Environmental Services Specialist,at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. 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.8-10-17 SQ4Pry, A " Wylie City Council � � AGENDA REPORT LPTz XYYb M Meeting Date: September 26, 2017 Item Number: I Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 100-5411-56040 Date Prepared: 9/12/2017 Budgeted Amount: $75,000.00 Exhibits: Subject Consider and act upon the award of bid # W2017-67-A for Asphalt Pavement Rejuvenator to Pavement Restoration, Inc., in the estimated amount of$75,000.00 and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to award bid # W2017-67-A for Asphalt Pavement Rejuvenator to Pavement Restoration, Inc., in the estimated amount of$75,000.00 and authorizing the City Manager to execute any and all necessary documents. Discussion The Public Works/Streets Division budgets annually for the procurement and application of asphalt pavement rejuvenator which is applied to existing asphalt surfaces. Staff has determined that the use of this type of product extends the useful life of the pavement (keeping the asphalt from becoming brittle and allowing for a slower deterioration rate); and does so at a reduced expense to the City by extending the amount of time between total pavement replacement. Staff recommends the award of bid W2017-67-A for Asphalt Pavement Rejuvenator to Pavement Restoration, Inc. in the estimated annual amount of$75,000.00; establishing an annual contract with renewals. (Rev 01/2014) Page 1 of 1 BID TABULATION W2017-67-A ASPHALT PAVEMENT REJUVENATOR E oF WYL IL August 4, 2017 @ 3:00 PM CT Respondents Pavement Restoration Inc I certify that the above includes all firms contacted to bid and that replies are exactly as stated. Nancy Leyva, Buyer Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE,TEXAS c o E,.Irk, I lr, ; Wylie City Council b �,' AGENDA REPORT LPTz XYYb M Meeting Date: September 26, 2017 Item Number: .1 Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 100-5411-54210 Date Prepared: 9/13/2017 Budgeted Amount: $225,000.00 Exhibits: Bid tabulation Subject Consider and act upon the award of bid # W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P., Cooper Concrete Company, DDM Materials and Lattimore Materials in the estimated annual amount of$225,000.00; and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to award bid # W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P., Cooper Concrete Company, DDM Materials and Lattimore Materials in the estimated annual amount of $225,000.00; and authorizing the City Manager to execute any and all necessary documents. Discussion The Public Works/Streets Division budgets annually for the procurement of Portland cement concrete for the repair of various streets, curbs, gutters, and sidewalks. Acting as the lead agency, the Purchasing Department combined the requirements of the City of Wylie, City of Murphy and City of Sachse, and issued a competitive sealed bid on behalf of all of the entities. Five (5) bids were received, with four (4) of the bids being responsive to the bid specification. This bid will establish a list of four (4) qualified vendors, allowing the City to make annual purchases based on price and availability. Staff recommends the award of bid W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P., Cooper Concrete Company, DDM Materials and Lattimore Materials in the estimated annual amount of $225,000.00. This will establish an annual fixed price contract with renewals. (Rev 01/2014) Page 1 of 1 BID TABULATION W2017-75-A CITY - DELIVERY OF PORTLAND CEMENT CONCRETE July 7, 2017 @ 3:00 PM CT Respondents Item 1 Item 2 Item 3 Item 4 Item 5 3,000 PSI/ 100 CU YD 3,000 PSI/300 CU YD 4,000 PSI/ 100 CU YD 4,500 PSI/ 150 CU YD 4,500 PSI/750 CU YD Bodin Concrete L.P. $114.00/yd. $114.00/yd. $118.00/yd. $120.00/yd. $120.00/yd. Cooper Concrete Co. $125.00/yd. $125.00/yd. $132.00/yd. $138.00/yd. $138.00/yd. DDM Materials $143.50/yd. $143.50/yd. $165.50/yd. $176.50/yd. $176.50/yd. Lattimore Materials $115.00/yd. $115.00/yd. $121.00/yd. $124.00/yd. $124.00/yd. Redi-Mix Concrete $134.00/yd. $134.00/yd. $140.00/yd. $143.00/yd. $143.00/yd. I certify that the above includes all firms contacted to bid and that replies are exactly as stated. 041' ,94 /0, 20/7 Nancy Leyva, Buyer Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE,TEXAS w � , Wylie City Council AGENDA REPORT MIFAfi,M iRY'V'%%% Meeting Date: September 26, 2017 Item Number: K Department: Animal Control (City Secretary's Use Only) Prepared By: Shelia Patton Account Code: Date Prepared: September 18, 2017 Budgeted Amount: approved minutes/statistical report Exhibits: 2 Subject Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on September 13, 2017. Recommendation Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on September 13, 2017. Discussion The ASAB met on September 13, 2017. The attached minutes and statistical report were considered, approved and placed on file. This report is being submitted as required by city ordinance. Page 1 of 1 Wylie Animal Shelter Advisory Board CITY OF WYLIE Minutes Wylie Animal Shelter Advisory Board Wednesday, June 14, 2017—6:00 pm Wylie Municipal Complex— Conference Room 230 300 Country Club Building 100 Wylie Texas 75098 CALL TO ORDER Announce the presence of a Quorum. David Dahl called to order the Animal Shelter Advisory Board meeting at 6:04 pm. Board members present: Shelia Patton, David Dahl, Brad Boozer, Dr. Brad Abraham and Princess Stewart. Quorum is present. INVOCATION & PLEDGE OF ALLEGIANCE The Invocation was led by David Dahl. REGULAR AGENDA ITEMS 1. Consider, and act upon, approval of the Animal Shelter Advisory Board minutes of January 18, 2017. (D. Dahl, ASAB Chair) Board Action A motion was made by Brad Boozer to accept the Animal Shelter Advisory Board minutes of January 18,, 2017 as presented. Princess Stewart seconded to accept the Animal Shelter Advisory Board minutes of January 18, 2017 as presented. A vote was taken and the motion passed unanimously. Minutes_June 14, 2017 Wylie Animal Shelter Advisory Board Page 1 2. Consider and place on file first quarter statistical information for shelter operations. (S. Patton, ASAB Board Member) Board Action A motion was made by Brad Boozer to accept and place on first quarter statistical information for shelter operations. Dr. Brad Abraham seconded the motion to accept and place on file first quarter statistical information for shelter operations. A vote was taken and the motion passed unanimously. DISCUSSION ITEMS 3. Discussion regarding shelter events and status first quarter. (S. Patton, ASAB Board Member) Shelia Patton reports seven sterilization transports for public access from Wylie Animal Control for residents to low cost animal care provider. In collaboration with PetSmart Charities and Spay Neuter Network two additional programs available through grants for residents: Happy Neuter Year: Get your male dog or cat fixed for$20.00 in the month of January and Beat the Heat: Get your female cat fixed for$20.00 in the month of February. Six low cost vaccination clinics held at the City of Wylie Animal Control during evening hours to provide residents access to low cost vaccinations, heartworm testing and preventative medication. Residents can comply with registration of pets as two staff members as well as veterinarian and vet assistant are on site. Twenty nine animals have been placed into foster care program. Volunteers have logged 117 hours and service workers have logged 299.5 hours. Pet of the week twice monthly with Wylie News is ongoing. Facebook for social media outreach is still maintained and has proved to be an effective mode of communication for lost pets, adoptable animals and information related to the cities pet needs and services. Seventy six animals received services through the pre-adoption sterilization program. The department participated with Wylie Library drive"Furry Friends" program. Second Annual Cups with Pups off site adoption event was completed. WHS special education students finished another successful year. This program brings students to the facility every Thursday for hands on skill training. Animal Control has teamed with Wylie Transitions Program. Our current employee will end his work training program with us on August 31, 2017. McMillian Life Skills spent time at the shelter this year. This is a new adventure during Minutes—June 14, 2017 Wylie Animal Shelter Advisory Board Page 2 quiet time needed at school for state testing. Shelter staff has given 8 tours of facility to small organizational groups. Clear the Shelters will be August 1 e. We have already in place many volunteers and extra goodies to provide for our adopters. We are positive we will clear as we have the previous three years,. ADJOURNMENT Motion was made by Brad Boozer and seconded by Dr, Brad Abraham to adjourn meeting. With no further business before the board, consensus of the board was to adjourn at 6:42 pm. David Dahl,Chairman Minutes—June 14, 2017 Wylie Animal Shelter Advisory Board Page 3 Animal Adisory Committee Report September 13, 2017 April thru June 2017 Dogs Cats Others Total Impounds 137 65 118 320 Owner Surrender 3 7 0 10 Stray 102 32 25 159 Quarantine 17 2 0 19 Safe Keeping 2 0 0 2 DOA 13 18 34 65 Trapped by resident 0 *17 58 75 *trapped but evaluated as adoptable Born at Shelter 0 0 0 0 Dispositions Dogs Cats Others Total Return to Owner 86 2 0 88 Adopted 26 21 1 48 Rescued 1 1 1 3 Euthanized 3 5 46 54 Other 0 2 **18 20 **18 Rehabilitation/relocation Euthanasia Reason Behavioral 1 0 12 13 Medical 1 5 23 29 Policy- H.R.R.0 **1 0 11 12 **required rabies testing shipment Wild Animal 0 0 0 0 Euthanasia for dogs 2.42% Euthanasia for cats 10.64% Euthanasia dogs &cats total 4.68% Dogs at facility at end of report: 16 Dogs at facility at beginning of report: 8 Cats at facility at end of report: 40 Cats at facility at beginning of report: 6 Euthanasia Rate for Facilty April 1,2017 thru June 30, 2017 4.68% Euthanasia Rate for Facilty January 1, 2017 thru June 30,2017 4.11% c o E,.Irk, A � �'I �a, Wylie City Council � u AGENDA REPORT LPTz�XYYb b"p'M Meeting Date: September 26, 2017 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 18,2017 Budgeted Amount: Exhibits: 4 Subject Conduct the first Public Hearing for the annexation of a 29.677 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980, and a 21.992 acre tract of land situated in the William Sutton Survey, abstract 860 for a total of 51.669 acres in Collin County, Texas, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. A2017-03 Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of the property owner, Bloomfield Homes, LP and the representative Douglas Properties. The subject tract is contiguous to the corporate city limits of Wylie, as required by law. The applicant desires to bring the subject tract into the city and develop it in accordance with the Development Agreement executed October 8, 2017. Exhibits attached: Exhibit "A" Legal Descriptions; Exhibit "B" Survey Exhibit; Exhibit "C" Concept Exhibit, Exhibit "D"Development Agreement. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings September 6, 2017 and September 27, 2017 First Public Hearing September 26, 2017 Second Public Hearing October 10, 2017 Adoption of Ordinance October 24, 2017 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 1 ANNEXATION APPLICATION CITY OF WYLIE PLANNING DEPARTMENT(972) 518-$320 City of Wylie Property Description: Survey Name and Abstract No.: 0. W. tivakamts 56,79417 /go' Wi 1ji a in v 441f h S( a Tract Number(s): I $ Y Number of Acres: S'r 6 6 Number of People Living on Each Tract of Land(attach an additional sheet if necessary): Ir Current Property ZuhmlituiResailimmffda Owner's pn, r-/ n Application Name; Ol oom I r IV, <4r81 L j" Application Fee:$200 Company: Address: I D COI a Hij•ltg1 svtle 2 ja Metes and bounds description of the property with a City,State,Zip: Svo f h Jk he TX C(212. graphic exhibit. The metes and bounds description and the Phone#: $'l7-H 16- ig'72 graphic exhibit must contain an original seal and signature of a Fax#: ?17- 1 W L — 13`f 7 registered professional land surveyor and shall be on an 81/S"x E Mall Address T'I.►-ti & f/1.4„,,Fr.. ., ' ' r / 11"sheet of paper. Owners Signature: An exhibit depicting the location of the property in Ti r.%o it S vvPrr¢- location to the nearest existing or future major thoroughfare Representative' ` north,south,east,and west of the property. Name: KK op, A3 Company: DoveI43 P•op�f*ei Address: 2 3t 4ac k1 -+ iiev r"w City,State,Zip: '+ / d Wore/ Phone#: 11L-K22-art Fax#: ?;2- Ste - 2Z rei E-Mall Address 372. L7ol!as 6)ya i . TQ_BE COMPLETED BY PROPERTY OWNER OR THEIR REPRESENTATIVE: STATECOON OF TEXitaid J }{ A COUNTY OF (�I(,�^� BEFORE ME,a Notary Public,on this day personally appeared . v ' the undersigned a pilcant,who, under oath stated the following:"I hereby certify I am i a ■ - ,or duly authorized age ti application;that all information sub is 1 a and correct." 4•'�� Notary Public,Stole of Texas r.�.. J'r My commission Explies • X 'f•%�;;, February 11,2oto Own , plicant,o ntative SUBSCRIBED AND SWORN TO rore me,this the 3 20 /7/ fission ex res P7 lt f My Comm ! N ry Public in for the S Texas OFFICE USE ONLY Location of [ ' Property: ricrtu2r1 i Rck. e This application meets the Planning Department's requirements for processing. Case Number: t nivi( 11- ,)_ce I O l /IS/53 Signature Date I, 29.677 Acre Zoning Exhibit Legal Description BEING a 29.677 acre tract of land situated in the D.W.Williams Survey,Abstract 980,Collin County,Texas,and being a part of that certain called 32-1/2 acre tract of land described in deed to the Mary Stone Howrey Living Trust, recorded as Instrument 20110217000178570, Deed Records,Collin County,Texas,said 29.677 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northeast corner of said 32-1/2 acre tract and the northwest corner of Southbrook Phase I,an addition to the City of Wylie, as recorded in Cabinet P, Page 987,Plat Records,Collin County,Texas,said point also being in the south line of a 7.0105 acre tract described in a deed to James Gee and Stacy Gee recorded as Instrument 20080311000291280,Deed Records,Collin County,Texas; THENCE South 01 degrees 01 minutes 25 seconds West,with the common boundary lines of said Southbrook Phase I and said 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the northwest corner of a 0.9958 acre tract of land described in deed to Richard Alan Cermack and Ann Marie Cermack,as recorded in Instrument 20121228001646720 of said Deed Records and continuing along the common line of said 32-1/2 acre and 0.9958 tract,at 1213.97 feet passing the southwest corner of said 0.9958 acre tract common to the northwest corner of a called 2.00 acre tract described in a deed to Carl Foster and wife Gladys Foster as recorded in Volume 528, Page 213 of said Deed Records and continuing with the west line of said 2.00 acre tract for a total distance of 1450.00 feet to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner at an interior corner of said 32-1/2 acre tract and the southwest corner of said 2.00 acre tract; THENCE South 54 degrees 28 minutes 51 seconds East,with the common boundary lines of said 32-1/2 acre tract and said 2.00 acre tract at a call of 182.82 feet passing the southeast corner thereof,and continuing with the southwest lines of Tract II and Tract III,described in deed to Brenda Lee Hensley,as recorded in Instrument 20071127001587490 of said Deed Records,a 1.4376 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 94-0078144 of said Deed Records,a 4.2466 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 95-0043284 of said Deed Records,and the southwest line of the remainder of a 61.453 acre tract described in a deed to Gladys P. Foster as recorded in Volume 3169, Page 859 of said Deed Records,for a total distance of 1172.93 feet to a 60d Nail found for corner in a fence post at a common corner of said 32-1/2 acre and 61.453 acre tract; THENCE South 03 degrees 09 minutes 19 seconds East,with a common boundary line of said 32- 1/2 acre and 61.453 acre tract,a distance of 168.63 feet to a 60d nail found for the south east corner of said 32-1/2 acre tract and an exterior ell corner of said 61.453 acre tract,said corner being in the north boundary line of a 21.998 acre tract of land described in deed to Cecil Hale,as recorded in Volume 5166, Page 1868 of said Deed Records; 1 THENCE North 89 degrees 32 minutes 09 seconds West,with the common boundary line of said 32-1/2 acre tract and said 21.998 acre tract,a distance of 167.43 feet to a 5/8-inch iron rod with cap(3949)found at the northwest corner of said 21.998 acre tract and the east corner of a 3.000 acre tract of land described in deed to Peter P. Brady and Denise Brady,as recorded in Volume 5912, Page 1996 of said Deed Records THENCE North 89 degrees 32 minutes 41 seconds West,continuing with the common boundary line of said 3.000 and said 32-1/2 acre tract,a distance of 736.05 feet to a"PK" nail set for corner at a southerly corner of said 32-1/2 acre tract and the west corner of said 3.000 acre tract,from which a 5/8-inch iron rod with cap(3949)found for reference bears South 89 degrees 32 minutes 41 seconds East a distance of 28.54 feet,said corner being in the center of Pleasant Valley Road,a 50 ft.+-public road right-of-way by occupation, (no record found); THENCE North 45 degrees 16 minutes 24 seconds West,with the southwest boundary line of said 321/2 acre tract and the center of said Pleasant Valley Road,a distance of 664.12 feet to a PK Nail set for corner; THENCE North 44 degrees 43 minutes 21 seconds East,a distance of 27.66 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the most eastern southeast corner of a 1.6899 acre tract of land described in deed to the City of Wylie, recorded as Instrument No.20141013001118200 of said Deed Records; North 45 degrees 16 minutes 39 seconds West,along a boundary line of last mentioned tract a distance of 115.19 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at a cut back corner of the new right-of-way of South Ballard Avenue as established by last mentioned deed; Thence along and with the easterly lines of said 1.6899 acre tract and South Ballard Avenue (variable width right-of-way)the following courses: North 10 degrees 28 minutes 06 seconds West, a distance of 41.05 feet,at the beginning of a non-tangent curve to the left having a radius of 910.00 feet and a chord which bears North 14 degrees 01 minutes 03 seconds East,a distance of 301.57 feet; Northwesterly,with said curve to the left,through a central angle of 19 degrees 04 minutes 32 seconds,an arc distance of 302.97 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curve; North 04 degrees 28 minutes 47 seconds East,a distance of 138.58 feet to a to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner; North 47 degrees 14 minutes 07 seconds East,a distance of 22.03 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner; South 89 degrees 59 minutes 27 seconds East,a distance of 56.31 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the southwest corner of Elm Drive,a proposed 50 ft.asphalt public road by said 1.6899 acre tract(prescriptive road,no record found); 2 North 00 degrees 00 minutes 33 seconds West,a distance of 50.00 feet to a to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the northwest corner of said Elm Drive; South 89 degrees 59 minutes 27 seconds West,a distance of 52.38 feet to a to a 5/8- inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 42 degrees 45 minutes 53 seconds West,a distance of 20.37 feet to a to a 5/8- inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 04 degrees 28 minutes 47 seconds East,a distance of 110.41 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set at the beginning of a tangent curve to the left having a radius of 2929.79 feet, and a chord which bears North 02 degrees 29 minutes 25 seconds East,a distance of 203.43 feet; Northeasterly,with said curve to the left,through a central angle of 03 degrees 58 minutes 45 seconds,an arc distance of 203.47 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curve; North 00 degrees 30 minutes 02 seconds East,a distance of 363.87 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the beginning of a tangent curve to the right having a radius of 1070.00 feet,and a chord which bears North 02 degrees 25 minutes 07 seconds East,a distance of 71.63 feet; Northeast,with said curve to the right,through a central angle of 03 degrees 50 minutes 10 seconds, an arc distance of 71.64 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve and the beginning of a reverse curve to the left having a radius of 1170.00 feet,and a chord which bears North 02 degrees 26 minutes 23 seconds East, a distance of 77.46 feet; Northeast,with said curve to the left,through a central angle of 03 degrees 47 minutes 38 seconds,an arc distance of 77.47 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve; North 00 degrees 32 minutes 34 seconds East, a distance of 350.10 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set in the south line of said 7.0105 acre tract and the north line of said 32-1/2 acre tract; THENCE South 89 degrees 34 minutes 06 seconds East,with the common boundary line of said 7.0105 acre tract and said 32-1/2 acre tract,a distance of 386.68 feet to the POINT OF BEGINNING AND Ca • Al ING 1,292,712 square feet or 29.677 acres of land. OF rei, a��f E,3��s � . �. j Rob r� A ETC1�'E R.P.L. 96 Date: 08-23-17 3963 {*0 Bu5V 3 21.992 Acre Zoning Legal BEING a 21.992 acre tract of land situated in the William Sutton Survey,Abstract No. 860,Collin County, Texas, and being all of that tract of land described in a deed to Cecil Hale, recorded in Volume 5166, Page 1868, Deed Records, Collin County, Texas (DRCCT), and being more particularly described as follows: BEGINNING at a point for corner near the centerline of Pleasant Valley Road at the southwest corner of said Hale tract, common to the northwest corner of a called 1 acre tract of land described in deed to Sanford Tucker, recorded as Instrument No. 20080627000788320, (DRCCT), from which a 5/8" iron rod with a cap stamped"5319"found for reference bears North 85°33'04" East,a distance of 26.45 feet; THENCE North 45.04'43"West, along the centerline of said Pleasant Valley Road and the southwest line of said Hale tract a distance of 343.64 feet to a point for corner at the most western corner thereof, common to the most southern corner of a called 3 acre tract of land described in deed to Peter P. Brady & Denise Brady, recorded in Volume 5912, Page 1996, (DRCCT), from which a 5/8" iron rod with a cap stamped "3949"found for reference bears, North 46°58'57" East,a distance of 20.13 feet; THENCE North 46°58'57" East, along the common line of said Hale tract and said Brady tract,a distance of 516.04 feet to a 5/8"iron rod with a cap stamped "3949"found in the south line of a called 32.5 acre tract of land described in deed to Mary Stone Howrey Living Trust, recorded as Instrument No. 20110217000178570,(DRCCT),at the most northern northwest corner of said Hale tract; THENCE South 89°32'09" East, along the north line of said Hale tract, and along the south lines of said 32.5 acre tract,the remainder of a 61.453 acre tract recorded in Volume 3169, Page 859, (DRCCT), and a called 21.0749 acre tract recorded as Instrument No. 96-0002217, (DRCCT), respectively, passing at a distance of 167.43 feet, a "60D" nail found at the southeast corner of said 32.5 acre tract, common to the southwest corner of said remainder of 61.453 acre tract, and continuing for a total distance of 1342.38 feet to the base location of a leaning 3/4"solid iron rod found for corner at an angle point; THENCE South 85°32'52" East, continuing along the north line of said Hale tract, and along the south lines of said 21.0749 acre tract and a called 20.0749 acre tract of land described in deed to Ricky Ray Foster, recorded as Instrument No. 98-0007168, (DRCCT),a distance of 270.22 feet to a point for corner in a 20" elm tree at the northeast corner of said Hale tract, from which a 5/8" iron rod with a yellow plastic cap stamped"RPLS 3963"set for reference bears,South 71°36'17"West, a distance of 3.55 feet; THENCE South 07°30'44" West, along the east lint of said Hale tract, a distance of 166.14 feet to a wooden fence post found for corner at an angle point; THENCE South 17.33'22" East, continuing along the east line of said Hale tract and with the remnants of an old fence line, a distance of 265.36 feet to a wooden fence post found for corner at the southeast corner thereof and being in the north line of a called 10.947 acre tract of land described in deed to David Anderson, recorded as Instrument No. 20120906001118340,(DRCCT), from which a 1/2" iron rod with a cap stamped "4819"found at an exterior corner of Lot 4, Block A, of Braddock Place Phase II, recorded as Instrument No. 20130725010002230(PRCCT)bears South 65°26'27" East a distance of 0.77 feet; THENCE South 84°31'04" West, along the common line of said Hale tract and said 10.947 acre tract a distance of 264.00 feet to a point for corner at an angle point,from which a 5/8" iron rod with a yellow plastic cap stamped "RPLS 3963"set for reference bears, North 78°10'55"West,a distance of 54.40 feet; THENCE South 85°33'04" West, along the south line of said Hale tract, and along the north lines of said 10.947 acre tract, a called 4.965 acre tract recorded in Volume 3097, Page 003, (DRCCT), a called 1.000 acre tract recorded as Instrument No. 20070220000230660, and said Tucker tact, respectively, passing at a distance of 435.13 feet, a 1/2" iron rod found at the northwest corner of said 10.947 acre tract, common to the northeast corner of said 4.965 acre tract, and continuing for a total distance of 1545.90 feet to THE PLACE OF BEGINNING and containing 21.992 acres or 957,978 square feet of land. 08-23-17 ., . , . . 3963 Tf . %9 Robert C. 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After Recording Return To: City Manager City of Wylie 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT(Pending Annexation) (Howrey Tract and Hale Tract) THIS DEVELOPMENT AGREEMENT("Agreement") is executed this 8th day of October, 2017 ("Effective Date"), by and among the City of Wylie,Texas, a home-rule municipality existing under the laws of the State of Texas("City");the Howrey Mary Stone Living Trust,a trust existing under the laws of the State of Texas("Trust");Cecil Hale,an individual residing in the State of Texas("Hale"and together with the Trust, the "Owners"); and Douglas Properties, Inc., a Texas corporation ("Developer"). City, Owners and Developer are individually and collectively referred to herein, respectively, as "party" or "parties". RECITALS WHEREAS, the Trust is the sole owner of 31.474± acres of land situated in the D.W. Williams Survey, Abstract No. 980, located in the extraterritorial jurisdiction ("ETJ") of the City of Wylie, Collin County, Texas, as more particularly described in Exhibit A-1, attached hereto and incorporated herein for all purposes(the"Howrey Tract"); and WHEREAS, Hale is the sole owner of 21.998+acres of land situated in the William Sutton Survey, Abstract No. 860, located in the ETJ of the City of Wylie, Collin County, Texas, as more particularly described in Exhibit A-2, attached hereto and incorporated herein for all purposes (the "Hale Tract" and together with the Howrey Tract,the"Property"); and WHEREAS, Owners anticipate selling each portion of the Property to Developer at the same time, with the expected closing to occur on or before October 15, 2017 (the actual date of closing is hereinafter referred to as"Closing"); and WHEREAS, Developer intends to develop the Property as a planned development known as Emerald Vista("Development"); and WHEREAS, the parties desire to obtain the benefits of certainty and predictability that can be provided by a development agreement for property that is currently located in the ETJ of the City; and WHEREAS,the parties are authorized to enter into this Agreement pursuant to Section 212.172 of the Texas Local Government Code; and WHEREAS,within sixty(60)calendar days of Developer obtaining fee simple title to the Property from Owners, Developer shall submit an annexation application("Annexation Application"), on the form approved by the City, requesting the City Council to voluntarily annex the Property, said Annexation Application to include any and all documents, signatures or other information required by the City's ordinances,rules and regulations, as they exist,may be amended or in the future arising; and Development Agreement(Pending Annexation)(Emerald Vista) Page 1 of 19 WHEREAS, after submission of the Annexation Application, City Staff will place the Annexation Application on the next available City Council agenda for its consideration and possible action, in accordance with Chapter 43 of the Texas Local Government Code, recommending that the City Council approve the Annexation Application and annex the Property into the corporate limits of the City ("Annexation Ordinance"); and WHEREAS, in consideration of the City Council's consideration and possible approval of the Annexation Ordinance, Developer and Owners, in accordance with the provisions of Section 212.172 of the Texas Local Government Code, hereby agree that unless and until the Annexation Ordinance and Zoning Ordinance Amendment(hereinafter defined)are approved and become effective in accordance with the City Charter and applicable law, the Property shall be developed in accordance with the Zoning Ordinance and the proposed planned development standards applicable to the Property, as set forth in Exhibit B, attached hereto and incorporated herein by reference for all purposes, and any and all other ordinances,rules,codes, regulations and requirements of the City, as they exist, may be amended or in the future arising(collectively, "Regulations"),and that the City is entitled to enforce the Regulations the same as if the Property was located wholly within the corporate limits of the City; and WHEREAS, provided that the City Council adopts the Annexation Ordinance, Developer and Owners, if necessary, shall, within thirty (30) calendar days of the City Council's adoption of the Annexation Ordinance, submit a zoning application ("Zoning Application"), on the form approved by the City, requesting the City Council to amend the Zoning Ordinance for the sole purpose of including the Property in the Zoning Ordinance, said Zoning Application shall include any and all documents, signatures or other information required by the City's ordinances,rules and regulations,as they exist, may be amended or in the future arising; and WHEREAS, after submission of the Zoning Application, City Staff will place the Zoning Application on the next available Planning and Zoning Commission ("P&Z") agenda for its consideration and possible action,requesting that the P&Z provide a favorable recommendation of the Zoning Application to the City Council; and WHEREAS, after P&Z provides its recommendation to the City Council regarding the Zoning Application, City Staff will place the Zoning Application on the next available City Council agenda for its consideration and possible action, recommending that the City Council approve the Zoning Application thereby including the Property in an ordinance amending the Zoning Ordinance ("Zoning Ordinance Amendment"); and WHEREAS, the City Council has investigated and determined that it is in the best interest of the City and its citizens to enter into this Agreement; and WHEREAS, the parties desire to enter into this Agreement according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and forever confessed, the Parties agree as follows: 1. Findings Incorporated. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement. Development Agreement(Pending Annexation)(Emerald Vista) Page 2 of 19 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. The Trust represents and warrants that it is the sole owner of the Howrey Tract. Hale represents and warrants that he is the sole owner of the Hale Tract. 3. Annexation/Enforcement/Waiver and Release/Term. (a) It is specifically understood and agreed between the City and Owners that the Property is outside of the City's corporate limits and that the City has not identified the Property in its annexation plan, if such plan exists. However, it is understood and agreed that the City currently has the required public improvements ("Improvements") in place to serve the Property and that Owners and/or Developer shall, at its/their sole cost and expense, be required to provide, construct and/or install any and all improvements necessary to connect the Property to the existing Improvements. (b) Within sixty (60) calendar days of Developer obtaining fee simple title to the Property, Developer shall submit the Annexation Application, requesting the City Council to voluntarily annex the Property. Owners and Developer represent and warrant that there are no other parties in possession of any portion of the Property and that there will be no other parties in possession of any portion of the Property at the time the Annexation Application is submitted to the City. City Staff shall diligently process the Annexation Application in accordance with the Regulations and applicable state law, and Owners hereby acknowledge and agree that the City makes no warranties or guarantees with regard to the outcome of the Annexation Application. Developer shall bear all of the costs associated with the Annexation Application. (c) Owners and Developer acknowledge and agree that this Agreement meets the requirement set forth in Section 43.035 of the Texas Local Government Code, if applicable, and that no further action shall be required of the City to any of the Owners or the Developer under Section 43.035 of the Texas Local Government Code, if applicable. (d) City, Developer and Owners agree that this Agreement meets the requirements of a service plan, and shall serve as the service plan ("Annexation Service Plan") for the Property with respect to the Improvements and the municipal services("Municipal Services")required under Section 43.065 of the Texas Local Government Code in the event that the Annexation Ordinance is adopted. With respect to the municipal services required in a service plan, the City shall provide such services in accordance with Section 43.065 of the Texas Local Government Code in the event that the Annexation Ordinance is adopted as contemplated in this Agreement. The City, Developer and Owners acknowledge and agree that in the event the Annexation Application is adopted as contemplated in this Agreement, this Agreement will be considered at the public hearings held under Section 43.063 of the Texas Local Government Code;that this Agreement represents the mutual understanding of the City,Developer and Owners with respect to the matters contained herein; and that no provision of any improvement or municipal service has been deleted. The City Council finds and determines that this proposed Annexation Service Plan will not provide any fewer Improvements or Municipal Services, and it will not provide a lower level of Improvements or Municipal Services to the Property proposed to be annexed, than were in existence in the area of the Property at the time immediately preceding the annexation process described herein. Should the Property consist of differing characteristics of topography, land utilization and population density, the parties agree that the level of Improvements and Municipal Services which may ultimately be provided in the newly annexed area of the Property may differ somewhat from the services provided in or to other areas of the City. If applicable, these differences are specifically dictated because of differing characteristics of the Property, and the City will undertake to provide the newly annexed area containing the Property with the same type,kind and quality of Improvements and Municipal Services presently enjoyed by the citizens of the City who reside in areas of similar topography, land utilization and population in accordance with Section Development Agreement(Pending Annexation)(Emerald Vista) Page 3 of 19 43.056(j) of the Texas Local Government Code, if applicable, in the event that the Annexation Ordinance is adopted as contemplated in this Agreement. (e) UNLESS OTHERWISE EXPRESSLY STATED HEREIN, DEVELOPER AND OWNERS HEREBY WAIVE, RELEASE, DISCHARGE, RELINQUISH AND HOLD HARMLESS THE CITY OF AND FROM ANY AND ALL RIGHTS DEVELOPER AND/OR OWNERS MAY HAVE UNDER SECTIONS 43.056, 43.062, 43.065, 43.141 OR ANY OTHER PROVISION OF CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE AS WELL AS ANY RIGHTS DEVELOPER AND/OR OWNERS MAY HAVE TO FILE A PETITION FOR DISANNEXATION OR ANY OTHER ACTION RESULTING FROM THE CITY'S FAILURE TO PROVIDE: (I) ANY ADDITIONAL INDIVIDUAL NOTICE TO DEVELOPER OR OWNERS REGARDING THE ANNEXATION AS CONTEMPLATED IN THIS AGREEMENT;AND/OR(II)ANY PORTION OF THE PROPERTY WITH THE IMPROVEMENTS OR MUNICIPAL SERVICES. THIS PARAGRAPH 3(E) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. (f) In consideration of the City Council's consideration and possible approval of the Annexation Ordinance, Owners and Developer, in accordance with the provisions of Section 212.172 of the Texas Local Government Code, hereby acknowledge and agree that unless and until the Annexation Ordinance and Zoning Ordinance Amendment are approved and become effective in accordance with the City Charter and applicable law,the Property shall be developed in accordance with the Regulations and that the City is entitled to enforce the Regulations the same as if the Property was located wholly within the corporate limits of the City. (g) Should the City Council fail or refuse to approve the Annexation Ordinance as contemplated in this Agreement or in the event the Property is not otherwise annexed earlier, whether voluntarily or involuntarily, the City, Owners and Developer acknowledge and agree that this Agreement shall continue in full force and effect for twenty-five (25) years from the Effective Date of this Agreement ("25-year term") with regard to the Property. If the Annexation Ordinance is not approved, but the Property is annexed, whether voluntarily or involuntarily, prior to the expiration of the 25-year term, the parties acknowledge and agree that the City may initiate an amendment to the Zoning Ordinance to include the Property within the Zoning Ordinance,and Developer shall not protest or otherwise challenge said initiation and consideration of the amendment to the Zoning Ordinance. 4. Zoning. Provided that the City Council adopts the Annexation Ordinance as contemplated in this Agreement, Developer and Owners, if necessary, shall, within thirty (30) calendar days of the City Council's adoption of the Annexation Ordinance, submit the Zoning Application, requesting the City Council to amend the Zoning Ordinance for the sole purpose of including the Property in the Zoning Ordinance.City Staff shall diligently process the Zoning Application through the Planning and Zoning Commission and City Council in accordance with the Regulations and applicable state law,as amended. Owners and Developer, if applicable, shall bear all of the costs incurred in connection with the Zoning Application, and Developer and Owners, if applicable, hereby acknowledge and agree that the City makes no warranties or guarantees with regard to the outcome of the Zoning Application. 5. Permits/City's Election/Waiver and Release. (a) Except as expressly provided in this Paragraph 5, Developer and Owners, if applicable, acknowledge and agree that before,any building,development or any other permit will be issued by the City for the development of the Property, Developer and Owners, if applicable, must obtain the City Council's approval and adoption of the Zoning Ordinance Amendment, unless the City expressly waives such requirement in writing. Development Agreement(Pending Annexation)(Emerald Vista) Page 4 of 19 (b) Should the City Council fail or refuse to approve the Annexation Ordinance or the Zoning Ordinance Amendment, the Developer and Owners acknowledge and agree that the City may, in its sole discretion,(i) allow the Property to be developed provided that any such development includes the Property as a whole and that Developer and Owner,as applicable,comply with this Agreement and the Regulations;or(ii)terminate this Agreement and/or disannex the Property,if the Annexation Ordinance was adopted by the City Council. (c) DEVELOPER AND OWNERS WAIVE, RELEASE, RELINQUISH, DISCHARGE AND HOLD HARMLESS THE CITY OF AND FROM ANY ACTIONS THE CITY ELECTS TO TAKE UNDER THIS PARAGRAPH 5,INCLUDING BUT NOT LIMITED TO,ANY CLAIMS,DEMANDS OR CAUSES OF ACTION FOR RECOVERY OF REAL PROPERTY TAXES PAID BY DEVELOPER OR OWNERS PRIOR TO DISANNEXATION, DOWNZONING, CONDEMNATION, ILLEGAL EXACTION OR INVERSE CONDEMNATION.THIS PARAGRAPH 5 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6. Closing/Failure to Close on the Property. (a) The parties acknowledge and agree that this Agreement is a development agreement authorized by Section 212.172 of the Local Government Code. All provisions of this Agreement shall be automatically null and void if the Developer fails to close and fund the purchase of the Property, or a portion of the Property, within thirty (30) days after the Effective Date of this Agreement. Unless previously terminated as set forth herein,this Agreement will terminate at the end of the 25-Year Term. Notwithstanding the foregoing, in the event that Developer does not acquire fee simple title to the Property on or before thirty (30) days after the Effective Date of this Agreement, then this Agreement shall automatically terminate. Unless previously terminated as set forth herein, the terms of this Agreement shall not be affected by the annexation referenced in Paragraph 3 of this Agreement. (b) Should the Owners and Developer fail to consummate the sale of the Property by Closing the same, Developer and Owners acknowledge and agree that the City may, in its sole discretion take any and all actions set forth in Paragraph 5(b) above. DEVELOPER AND OWNERS WAIVE, RELEASE, RELINQUISH,DISCHARGE AND HOLD HARMLESS THE CITY OF AND FROM ANY ACTIONS IT ELECTS TO TAKE UNDER PARAGRAPH 5(B) ABOVE, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS, DEMANDS OR CAUSES OF ACTION FOR RECOVERY OF REAL PROPERTY TAXES PAID BY DEVELOPER OR OWNERS PRIOR TO DISANNEXATION,DOWNZONING, CONDEMNATION,ILLEGAL EXACTION OR INVERSE CONDEMNATION. THIS PARAGRAPH 6(B) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 7. Default/Waiver and Release. (a) If Developer and/or Owners fail to comply with the provisions of this Agreement,the City shall have the following remedies, in addition to the any other rights and remedies available to City at law, to: (i) refuse to issue building permits for the Property, or any portion thereof; and/or (ii) refuse to approve any engineering plans for the Property, or any portion thereof; and/or (iii) file this instrument in the Real Property Records and Collin County, Texas as a lien and/or encumbrance on the Property; and/or Development Agreement(Pending Annexation)(Emerald Vista) Page 5 of 19 (iv) in its sole discretion,initiate a zoning change on all,or any portion of the Property. IN THIS CONNECTION, EACH DEVELOPER AND OWNER WAIVES, RELEASES, RELINQUISHES,DISCHARGES AND HOLDS HARMLESS THE CITY OF AND FROM ANY ACTION TAKEN BY CITY TO REZONE ALL, OR ANY PORTION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY ACTION RELATED TO DOWNZONING, TAKINGS, ILLEGAL EXACTION OR INVERSE CONDEMNATION. THIS PARAGRAPH 7(A)(IV) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; and/or (v) disannex the Property. IN THIS CONNECTION,EACH DEVELOPER AND OWNER WAIVES, RELEASES,RELINQUISHES,DISCHARGES AND HOLDS HARMLESS THE CITY OF AND FROM ANY ACTION TAKEN BY IT TO DISANNEX THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY ACTION RELATED TO THE RECOVERY OF REAL PROPERTY TAXES PAID BY OWNER OR DEVELOPER, TAKINGS, ILLEGAL EXACTION OR INVERSE CONDEMNATION. THIS PARAGRAPH 7(A)(V) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; and/or (vi) seek specific enforcement of this Agreement. (b) In the event the City fails to comply with the terms and conditions of this Agreement, Developer or Owners may seek specific enforcement of this Agreement as its/their sole and exclusive remedy. 8. Covenant Running with the Land; Expiration. (a) This Agreement shall be a covenant running with the land and Property and shall be binding on Developer and Owners and their respective successors and assigns. In addition, the parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released automatically provided that the following occurs: (i)the Annexation Ordinance is approved by the City Council as contemplated in this Agreement; and(ii)the Zoning Ordinance Amendment is approved by the City Council as contemplated in this Agreement; provided, however, that should the Annexation Ordinance not be approved by the City Council as contemplated in this Agreement, this Agreement shall not be released as to the Property, unless otherwise expressly agreed upon in writing by the City, Developer and the Owners, if applicable. (b) Even if the Annexation Ordinance and Zoning Ordinance Amendment are not approved by the City Council as contemplated in this Agreement, and the City Council expressly allows the development of the Property to commence in accordance with the Zoning Ordinance and the Regulations,as evidenced by the platting of the Property as a whole and the approval of the engineering and construction plans and permit to commence construction of the development of the Property, the obligations herein that burden the Property shall be released automatically as to each lot therein which is conveyed subsequent to the: (i) engineering inspection fees and any other applicable development or impact fees as set forth in any of the Regulations being tendered to the City; (ii) completed as-built plans related to the Property being tendered to the City; (iii) final acceptance of the public improvements construction within the Property by the City; and (iv) final plat for the Property being reviewed, approved and executed by City and filed in the Real Property Records of Collin County, Texas. Any third party, including any title company, grantee or lien holder, shall be entitled to rely on the immediately preceding sentence to establish whether such termination has occurred with respect to any applicable tract or lot. Development Agreement(Pending Annexation)(Emerald Vista) Page 6 of 19 9. Representations of Developer and Owners. Each of the Developer and Owners represents and warrants to the City that as of the Effective Date of this Agreement, each Owner: (i) is fully authorized to sell the Property, without joinder of any other person or entity; and(ii)has good and indefeasible fee simple title to the Property, free of any liens, security interests, exceptions, conditions, mineral reservations or leases or encumbrances, that could in any way extinguish the City's priority lien on the Property. 10. Limitations of Agreement. The parties acknowledge that this Agreement is limited to the matters expressly set forth herein. Regulations covering property taxes, utility rates, permit fees, inspection fees, development feet, impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further,this Agreement does not waive or limit any of the obligations of Developer and/or Owners to the City under any of the Regulations. 11. Vested Rights/Chapter 245 Wavier. This Agreement shall confer no vested rights in, upon or to the Property, or any portion thereof,unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a"permit"as defined in Chapter 245 of the Texas Local Government Code, and nothing in this Agreement provides the City with fair notice of any project of the Developer and/or Owners. EACH DEVELOPER AND OWNER WAIVES,RELINQUISHES,RELEASES,DISCHARGES AND HOLDS HARMLESS THE CITY WITH REGARD TO ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. EACH DEVELOPER AND OWNER FURTHER EXPRESSLY WAIVES, RELINQUISHES, RELEASES, DISCHARGES AND HOLDS HARMLESS THE CITY WITH REGARD TO ANY RIGHT TO CLAIM THIS AGREEMENT IS A PERMIT UNDER SECTION 212.172 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Miscellaneous. 12.1. Governing Law/Venue.The laws of the State of Texas shall govern the interpretation,validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County,Texas,and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 12.2. Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the parties hereto.This Agreement may not be assigned by the Developer and/or Owners, in whole or in part, unless the following conditions are satisfied, without which such assignment shall be null and void and of no force and effect: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by the City; (ii) the Assignment must expressly contain, among any other reasonable requirements and/or conditions of the City, an acknowledgment and agreement that all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee, or any portion thereof, contemplated herein, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) the assigning Developer or Owners,as applicable,will file any approved,executed Assignment in the Real Property Records of Collin County,Texas; and Development Agreement(Pending Annexation)(Emerald Vista) Page 7 of 19 (iv) the assigning Developer or Owners, as applicable, shall provide the City with a file-marked copy of the Assignment within ten (10) calendar days of filing the same. Upon any such assignment as provided above, the assignor shall be released from any further liability hereunder provided that the Assignment includes a provision expressly stating that the assignee is accepting and obligating itself for any and all prior duties, obligations, covenants and/or defaults of the assignor. 12.3. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via electronic mail,with documentation evidencing the addressee's receipt thereof, or a hand—delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the Parties shall be as follows: If to City, addressed to it at: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Email: mindy.manson@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Email: rpittman@abernethy-law.com If to Owners, addressed to them at: Howrey Mary Stone Living Trust Edward L. Howrey, Trustee 2120B S. Ballard Avenue Wylie, Texas 75098 -and- Cecil Hale 6808 Gold Dust Trail Dallas, Texas 75252 Telephone: 214-242-9664 Email: halececil@att.net Development Agreement(Pending Annexation)(Emerald Vista) Page 8 of 19 If to Developer, addressed to it at: Douglas Properties, Inc. Attn: Jim Douglas 2309 K Ave, Suite 100 Plano, Texas 75074 12.4. Authority. Each of the parties represents and warrants to the other that they have the full power and authority to enter into and fulfill the obligations of this Agreement. 12.5. Attorney's Fees. In any legal proceeding brought to enforce any term of this Agreement, the prevailing party may recover its reasonable and necessary attorneys' fees and expenses from the non-prevailing party/parties as permitted by Section 271.153 of the Texas Local Government Code, as applicable. 12.6. Warranties/Representations. All warranties, representations and covenants made by a party to any other party in this Agreement, or in any certificate or other instrument delivered by a party to any other party under this Agreement, shall be considered to have been relied upon by the receiving party. 12.7. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed and delivered to the other parties. 12.8. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date. 12.9. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12.10. 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. 12.11. Waiver. Waiver by any party of any breach of this Agreement, or the failure of any party to enforce any of the provisions of this Agreement, at any time, shall not, in any Development Agreement(Pending Annexation)(Emerald Vista) Page 9 of 19 way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 12.12. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 12.13. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon each Developer, and their respective officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom Developer is legally responsible and/or who may acquire an interest in the Property, provided Paragraph 12.2 is satisfied, if applicable. 12.14. Reference to Owner. When referring to each "Owner" herein, this Agreement shall refer to and be binding upon each Owner, and its officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom each Owner is legally responsible and/or who may acquire an interest in the Property, provided Paragraph 12.2 is satisfied, if applicable. 12.15. Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. 12.16. Survival of Covenants. Any of the representations, warranties, covenants and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 12.17. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties to this Agreement. 12.18. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 12.19. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 12.20. 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 Development Agreement(Pending Annexation)(Emerald Vista) Page 10 of 19 a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 12.21. Time is of the Essence. Time is of the essence in this Agreement. 12.22. Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and authorized assigns. [Signature page follows.] Development Agreement(Pending Annexation)(Emerald Vista) Page 11 of 19 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first below written. EXECUTED in duplicate originals this 8 day of Au?tcs 7' , 2017. CITY: CITY OF WYLIE, TEXAS a home-rule municipality By: `' k* Mindy anson, City Manager STATE OF TEXAS § COUNTY OF COLLIN § p by Ahis instr ent was acknowledged before me on the O �'day of U‘ , 2017, dy nwAisoiti, City Manager of the City of Wylie, Texas Pv Pi, CAROLE EHRLICH r aec NOTARY PUBLIC * STATE OF TEXAS /\ ey ID#11306525 , 4PkcST? s "'�of Iv My Comm.Expires 08-03-20.18 Development Agreement(Pending Annexation)(Emarald Vista) Page 12 of 19 EXECUTED in duplicate originals this - day of 4CIS 2017. Developer: Jim Douglas, Douglas Properties, Inc. By: N e: Jim Douglas Its: President STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2017, by Jim Douglas,Douglas Properties, Inc.. [Seal] , .-/ %4? g:: : BRENDA KAYE BERRY r/ i 5N�)1 :: Notary Public,State nr TQxnc �� j My Commission Expires TUO y .�� 2019 Notary P. t�� tafF exas� Development Agreement(Pending Annexation)(Emerald Vista) Page 13 of 19 EXECUTED in duplicate originals this st. day of 4v' 115 t ,2017. PROPERTY OWNER: Cecil Hale By: — S/1117 Name: Cecil Hale Its: Owner • STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the / day of d ,2017, by Cecil Hale [Seal BRENDA KAYE BERRY :°e .f. Notory Public.State of Texas ? My Commission Expires .�' February 11. 2019 Notary Public--St of Tex Development Agreement(Pending Annexation)(Emerald Vista) Page 14 of 19 EXECUTED in duplicate originals this I ay of 2017. PROPERTY OWNER: HOWDY MARY STONE LIVING TRUST,an Inter vivos Trust. By: Name: Edward . Howrey Its: Trustee STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the / day of AZ5 by Edward L. Howrey, as Trustee of the Howre ary S ne Living T st. [Seal] otary Public--S of Texas ♦,j.«Y BRENDA KAYE BERRY :E Notary Public,State of Texas r - My Commission Expires ,, 6r February 11, 2019 „ Development Agreement(Pending Annexation)(Emerald Vista) Page 15 of 19 Exhibit A-1 Legal Description of the Howrey Tract BEING a 31.474 acre tract of land situated in the D.W.Williams Survey,Abstract 980, Collin County, Texas, and being all of that certain called 32-1/2 acre tract of land described in deed to the Mary Stone Howrey Living Trust, as recorded in Instrument 20110217000178570, Deed Records, Collin County, Texas,said 31.474 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northeast corner of said 32-1/2 acre tract and the northwest corner of Southbrook Phase I, an addition to the City of Wylie,as recorded in Cabinet P, Page 987, Plat Records, Collin County,Texas,said point also being in the south line of a 7.0105 acre tract described in a deed to Gary Nelson and Melissa Nelson as recorded in Instrument 20080311000291280, Deed Records,Collin County,Texas; THENCE South 01 degrees 01 minutes 25 seconds West, with the common boundary lines of said Southbrook Phase I and said 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the northwest corner of a 0.9958 acre tract of land described in deed to Richard Alan Cermack and Ann Marie Cermack, as recorded in Instrument 20121228001646720 of said Deed Records and continuing along the common line of said 32-1/2 acre and 0.9958 tract, at 1213.97 feet passing the southwest corner of said 0.9958 acre tract common to the northwest corner of a called 2.00 acre tract described in a deed to Carl Foster and wife Gladys Foster as recorded in Volume 528, Page 213 of said Deed Records and continuing with the west line of said 2.00 acre tract for a total distance of 1450.00 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for corner at an interior corner of said 32-1/2 acre tract and the southwest corner of said 2.00 acre tract; THENCE South 54 degrees 28 minutes 51 seconds East,with the common boundary lines of said 32-1/2 acre tract and said 2.00 acre tract at a call of 182.82 feet passing the southeast corner thereof,and continuing with the southwest lines of Tract II and Tract III, described in deed to Brenda Lee Hensley, as recorded in Instrument 20071127001587490 of said Deed Records, a 1.4376 acre tract of land described in deed to Jerry Hensley and Brenda Hensley, as recorded in County Clerk file 94-0078144 of said Deed Records, a 4.2466 acre tract of land described in deed to Jerry Hensley and Brenda Hensley, as recorded in County Clerk file 95-0043284 of said Deed Records, and the southwest line of the remainder of a 61.453 acre tract described in a deed to Gladys P. Foster as recorded in Volume 3169, Page 859 of said Deed Records,for a total distance of 1172.93 feet to a 60d Nail found for corner in a fence post at a common corner of said 32-1/2 acre and 61.453 acre tract; THENCE South 03 degrees 09 minutes 19 seconds East, with a common boundary line of said 32-1/2 acre and 61.453 acre tract, a distance of 168.60 feet to a 60d nail found for the south east corner of said 32- 1/2 acre tract and an exterior ell corner of said 61.453 acre tract, said corner being in the north boundary line of a 21.998 acre tract of land described in deed to Cecil Hale, as recorded in Volume 5166, Page 1868 of said Deed Records; THENCE North 89 degrees 32 minutes 41 seconds West,with the common boundary line of said 32-1/2 acre tract and said 21.998 acre tract, at a distance of 167.55 feet passing a 5/8-inch iron rod with cap (3949)found for the northwest corner of said 21.998 acre tract and the east corner of a 3.000 acre tract of land described in deed to Peter P. Brady and Denise Brady,as recorded in Volume 5912, Page 1996 of said Deed Records, and continuing with the common boundary line of said 3.000 and said 32-1/2 acre tract,for a total distance of 903.48 feet to a point for corner at a southerly corner of said 32-1/2 acre Development Agreement(Pending Annexation)(Emerald Vista) Page 16 of 19 tract and the west corner of said 3.000 acre tract,from which a 5/8-inch iron rod with cap (3949)found for reference bears South 89 degrees 32 minutes 41 seconds East a distance of 28.54 feet,said corner being in the center of Pleasant Valley Road, a 44 ft. asphalt public road by occupation, (no record found); THENCE North 45 degrees 16 minutes 24 seconds West, with the southwest boundary line of said 32 1/2 acre tract and the center of said Pleasant Valley Road,a distance of 830.41 feet to a PK Nail set for corner in the easterly right-of-way line of South Ballard Avenue, a variable width right-of-way, said corner being the beginning of a non-tangent curve to the left having a radius of 635.75 feet whose chord bears North 18 degrees 10 minutes 52 seconds East, a distance of 91.36 feet; THENCE Northerly,with the easterly right-of-way line of said South Ballard Avenue,the following courses: Northeast, with said curve to the left, through a central angle of 08 degrees 14 minutes 28 seconds, an arc distance of 91.44 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for corner from which a 1/2-inch iron rod found bears South 38 degrees 18 minutes 08 seconds West, a distance of 23.10 feet; North 12 degrees 28 minutes 48 seconds East, a distance of 17.98 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the beginning of a non-tangent curve to the left having a radius of 3009.92 feet whose chord bears North 09 degrees 07 minutes 10 seconds East, a distance of 352.89 feet; Northeast, with said curve to the left, through a central angle of 06 degrees 43 minutes 17 seconds, an arc distance of 353.09 feet to a 60d Nail set for the end of said curve; North 05 degrees 50 minutes 22 seconds East, a distance of 22.32 feet to a point for corner; North 05 degrees 54 minutes 15 seconds East, a distance of 74.57 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the beginning of a non-tangent curve to the left having a radius of 4490.51 feet whose chord bears North 03 degrees 12 minutes 40 seconds East, a distance of 409.73 feet; Northeast, with said curve to the left, through a central angle of 05 degrees 13 minutes 47 seconds, an arc distance of 409.88 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the end of said curve; North 00 degrees 33 minutes 46 seconds East, a distance of 752.99 feet to a 1/2-inch iron rod found for the northwest corner of said 32-1/2 acre tract common to the southwest corner of said 7.0105 tract; THENCE South 89 degrees 34 minutes 06 seconds East, with the common boundary line of said 7.0105 acre tract and said 32-1/2 acre tract, a distance of 426.79 feet to the POINT OF BEGINNING AND CONTAINING 1,371,023 square feet or 31.474 acres of land. 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Im SITUATED IN 771E r b P..4.N.1]bap S name.o.pr4smlMe b e raler.l IP aI OM.0•r.'rax a •ua°t'Pi m(Nee.iv..rrrN7.gq..061 Vela owner.laD.W. wrt T Idua SURVEY.AHST. NO. 080 awl -aw'n}war s..ols m[zem oxr or.wPi»rw .1r®..I..Loam..m ua r..VeI.s]aPy[aP,w aav,PaCITY OF WYLIE E.R.L.COLLIN COUNTY. TEKAS \I rlrF,X 2-^e/ � .11.au..eul la0•m.is Pailbn m boa.Pe amVl...w PM.c urtJa F R.C.LYFRS SWO 1310 09 C LA' • I30 4.074 bIK L00 SWMofr ]90] •10 ed.tM[mem.1•Ib0 Ova ll.0Pd4a Ill.0.aµ I.. MT...MAO 75005 VIC1NftY MAP put[a rrws NO]w Zr ^ 1.1 a lr.m accTufaM:rRmml la (alq m2-4.45 lax(sn)na-.an "C1a`tF _ Oa.,rare..a}..pamm.a.n N,TS ]w.Ol2mW2PD6q,WILGT.(Acre N.mr)•mY�°�Vera .1f1 Ilv DAM OM.na 4 O35I7WW.19314 370.4. Exhibit A-2 Legal Description of the Hale Tract BEING.A TRACT OF LAND SITUATED IN THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, COLLIN COUNTY,TEXAS,AND BEING A PART OF A 21.998 ACRE TRACT OF LAND CONVEYED TO CECIL HALE BY - DEED RECORDED IN VOLUME 5166, PAGE 1868, DEED RECORDS, COLLIN COUNTY,TEXAS, AND BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A P.K. NAIL SET IN THE APPROXIMATE CENTERLINE OF PLEASANT VALLEY ROAD (C.R. 378) AND BEING THE SOUTHWEST CORNER OF AFORESAID 21.998 ACRE TRACT AND THE NORTHWEST CORNER OF A 1.00 ACRE TRACT OF LAND CONVEYED TO SANFORD L.TUCKER BY DEED RECORDED IN VOLUME 677, PAGE 73, DEED RECORD, COLLIN COUNTY,TEXAS; THENCE, NORTH 44 DEGREES 03 MINUTES 00 SECONDS WEST, ALONG THE APPROXIMATE CENTERLINE OF PLEASANT VALLEY ROAD (C.R.378)AND THE WESTERLY LINE OF SAID 21.998 ACRE TRACT,A DISTANCE OF 343.64 FEET TO A P.K. NAIL SET FOR CORNER IN THE APPROXIMATE CENTERLINE OF PLEASANT VALLEY ROAD (C.R.378); THENCE, NORTH 47 DEGREES 58 MINUTES 46 SECONDS EAST,AT A DISTANCE OF 20.01 FEET A 5/8 INCH IRON ROD SET FOR REFERENCE AND FOR A TOTAL DISTANCE OF 515.96 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER ON THE NORTH LINE OF SAID 21.998 ACRE TRACT AND ON THE SOUTH LINE OF A 32.5 ACRES TRACT OF LAND CONVEYED TO JAMES EDWARD STONE, ET AL, BY DEED RECORDED IN VOLUME IN VOLUME 323, PAGE 484, DEED RECORDS, COLLIN COUNTY,TEXAS; THENCE SOUTH 88 DEGREES 31 MINUTES 38 SECONDS EAST,ALONG THE NORTH LINE OF SAID 21.998 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID 32.5 ACRE TRACT,A REMAINDER TRACT OF LAND CONVEYED TO GLADYS P. FOSTER BY DEED RECORDED IN VOLUME 3169, PAGE 859, DEED RECORDS, COLLIN COUNTY,TEXAS AND A 21.0749 ACRE TRACT OF LAND CONVEYED TO WILMA JEAN TURNER BY DEED RECORDED UNDER COUNTY CLERK'S FILE NUMBER 97-0004018, DEED RECORDS, COLLIN COUNTY, TEXAS,AT A DISTANCE OF 167.51 FEET TO A Y INCH IRON ROD FOUND (CONTROL MONUMENT) FOR THE SOUTHEAST CORNER OF SAID 32.5 ACRE TRACT AND FOR A TOTAL DISTANCE OF 1342.344 FEET TO A 3/ INCH IRON ROD FOUND (CONTROL MONUMENT) FOR CORNER ON THE SOUTH LINE OF SAID 21.0749 ACRE TRACT; THENCE,SOUTH 84 DEGREES 32 MINUTES 21 SECONDS EAST, CONTINUING ALONG THE SOUTH LINE OF SAID 21.0749 ACRE TRACT AND ALONG THE SOUTH LINE OF A 20.0749 ACRE TRACT OF LAND CONVEYED TO RICKY RAY FOSTER BY DEED RECORDED UNDER COUNTY CLERK'S FILE NUMBER 98-0007168, DEED RECORDS, COLLIN COUNTY,TEXAS,A DISTANCE OF 270.22 FEET TO A 14 INCH ELM TREE FOR THE MOST WESTERLY NORTHWEST CORNER OF A 134.33 ACRE TRACT OF LAND CONVEYED TO MRS.THELMA RICE BY DEED RECORDED IN VOLUME 561, PAGE 266, DEED RECORDS, COLLIN COUNTY,TEXAS,AND BEING THE NORTHEAST CORNER OF SAID 21.998 ACRE TRACT; THENCE, SOUTH 08 DEGREES 41 MINUTES 00 SECONDS WEST,ALONG A WEST LINE OF SAID 134.33 ACRE TRACT AND AN EAST LINE OF SAID 21.998 ACRE TRACT,A DISTANCE OF 166.27 FEET TO A FENCE POST FOR CORNER; Development Agreement(Pending Annexation)(Emerald Vista) Page 18 of 19 THENCE,SOUTH 16 DEGREES 39 MINUTES 00 SECONDS EAST,ALONG A WEST LINE OF SAID 134.33 ACRE TRACT AND AN EAST LINE OF SAID 21.998 ACRE TRACT,A DISTANCE OF 265.80 FEET TO A FENCE POST FOR THE MOST WESTERLY SOUTHWEST CORNER OF SAID 134.33 ACRE TRACT AND BEING ON THE NORTH LINE OF A 6.00 ACRE TRACT OF LAND CONVEYED TO LARRY D. MORGAN BY DEED RECORDED IN VOLUME 1449, PAGE 264, DEED RECORDS, COLLIN COUNTY,TEXAS; THENCE,SOUTH 85 DEGREES 32 MINUTES 00 SECONDS WEST,ALONG THE SOUTH LINE OF SAID 21.998 ACRE TRACT AND THE NORTH LINE OF SAID 6.00 ACRE TRACT,A DISTANCE OF 264.00 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER; THENCE, SOUTH 86 DEGREES 34 MINUTES 00 SECONDS WEST, (BASIS OF BEARINGS) CONTINUING ALONG THE SOUTH LINE OF SAID 21.998 ACRES TRACT AND THE NORTH LINE OF SAID 6.00 ACRE TRACT, ALONG THE NORTH LINES OF A 5.00 ACRE TRACT OF LAND CONVEYED TO LARRY D. MORGAN,THE NORTH LINE OF A 4.965 ACRE TRACT OF LAND CONVEYED TO BOBBY GLEN ELLIS BY DEED RECORDED IN VOLUME 3097, PAGE 3, DEED RECORDS, COLLIN COUNTY,TEXAS,THE NORTHLINE OF A 1.00 ACRE TRACT OF LAND CONVEYED TO ROBERT STEWART BY DEED RECORDED IN VOLUME 697, PAGE 735, DEED RECORDS, COLLIN COUNTY,TEXAS,AND ALONG THE NORTH LINE OF SAID 1.00 ACRE TUCKER TRACT,AT A DISTANCE OF 1519.55 FEET A 5/8 INCH IRON ROD SET FOR REFERENCE AND A TOTAL DISTANCE OF 1545.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 958,239 SQUARE FEET OR 21.998 ACRES OF LAND. Development Agreement(Pending Annexation)(Emerald Vista) Page 19 of 19 • ,u..ew� N 1goGt2a?JSna.ndWw.rd4AU94nLmI."A.140riWN21Ld.4..ern,.eNbegdad.dlrndWd.oSJYtbdu(.e111d..mJdaYJwllf$PT m6pLMGm/a1.lM(vnt4aam 01. .elleqiam l.30day banal.(eN.. j .1.003NCa. fa...sl..•,.. 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A. }'. a6.e)a4N'.nd..+.aw.ay.Iw.ereeotln.ml..rrndrnw..aaslpnr�lanNaap ®`4'a"'into'S.°'°)n°a"a..4^.mvrV°°^6°a.^,�1d...yend / '�^ .p.r..:,6eeo.tmC�1aleN,m 9NAlIDH1FE wmebn.aooa6..vra.mdaifle�..ad..6ux>eopf ( � a4063yC. $ 1.•Haryl.Lowy HoHon bokNopra.da.m.-y.a(.00 4. •p avx oafausraor'am�a.NC. VlL1JAM 8UTil'%J SURVEY,ASST.NO.B60 Iran e..ms d x6rm4r I m..1r•aa/i16..:m.1oa I� crtr OF WYLE.COLLH COUNTY,rotes Exhibit B Proposed Plan Development Standards I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 -Planned Development—Single Family(PD—SF) Lot Size(Minimum) Lot Area(sq. ft.) 6,325 Lot Width (feet) 55 Lot width of corner Lots (feet) 60 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum,Square Footage) All Homes will be a minimum of 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements-.Main,Structures Front Yard (feet) 20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard (feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 175 lots. 2. 1/3 of the lots will be a minimum width of 55 feet, 1/3 of the lots will be a minimum width of 60 feet and 1/3 of the lots will be a minimum width of 65 feet. 3. Developer will donate 2 Acres to the City of Wylie for use of a Fire Station. See location map in Exhibit "C". The tract will be deeded at time of Final Plat filing in lieu of Park fees. 4. Key lots are defined as a corner lot which is backing up to an abutting side yard. 5. Three-tab roofing shall not be permitted. 6. No alleys shall be required within the Planned Development. 7. Developer shall install a screening wall where lots back or side to Elm, Ballard and Pleasant Valley with a 5 ft side walk back of curb. 8. Lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 9. The Subdivision shall conform to the Development Plan attached as Exhibit "D'.' 10.Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 11.Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 12.Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. Developer will be the contact entity with the City for all concerns regarding maintenance of park and open space until 100% of HOA control is turned over to the homeowners. B. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 13.All Park Amenities as described in Zoning Exhibit and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy, of the affected Phase. A. This Development will pay no Park Fees. IV. DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Zoning Exhibit and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Zoning Exhibit as adopted by this ordinance. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access Street Subdivision Development Public Open Space Easement Open Space .• . . b. Desirable Design Attributes Single-loaded Street along open space and access per Zoning Exhibit. 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Zoning Exhibit and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Zoning Exhibit. The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper. Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear b. Desirable Design Attributes None B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). „.„ __', __:_r ..,%.,., .„ ,. _i, -_,,,,.:„.... -„.....,,,,,...,„. , 0:7,::,.,,,„... ,..,-.-:„....„, „.„,„,..,,,-,,,. . 4 :�,;..' ' ..vo }� `,e.+` i Sg.L”,:t lOa.} fi 41. t •• t y y yy h , r4r . r� r '{ s: .,A. - .1i-m,'per - - < - 1 c I 44 s , •J '`7R 't` ' tic 2. Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 4. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. b. Desirable Design Attributes: None 5. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the façade shall be offset a minimum of 1 foot either protruding from or recessed back from the remainder of the façade. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 120 total square feet of floor area. l NN. / , 1,... ..___.,_ .:._:.; . • , V, y¢pj 'ti, , ry4 ti' 4 b. Desirable Design Attributes: Two or more sides of covered porches, or pitched cover incorporated into roof lines of house 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone,matching the accent exterior façade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. b. Desirable Design Attributes: None 7. Roofs and Roofing - Roofing Materials a. Base Standard All single family 1212 residential units shall 1012 have architectural- Ninimum Roof grade overlap 411IIIIIIIITwT 8:12 shingles, the or standing seam metal. Wood shingles are i — not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing - Roof Eaves a. Base Standard No wood fascia or soffits are permitted. � y _ b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation a. Base Standard A minimum of five(5)platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. .L_.1_I.L.J.J_..L_ -L-.J-.L_1_i.�.�._ 'r1'T'T 'T'r1'T'T' OK' I-'T'T'- 'T 2 4 I NO .I 7 i.d. 5 I .41 21 2 .I�.3 I LOTS SKIPI/EDD OPIjO��IDE O IS RE I 6 I?[Hi SLO D3I. E 1. . . . . T.1T'T'T•T'1-1T'T'T'T'1-I'T'T'T' Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. - - t _ Imo. r 'ttt'" ti P 0. iid-. 7 ^. t _ ° c if ' ( t 3 f 4.-----' .F, ° 5' _ x .°..;.“...b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall 2,000 s.f. , measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (2) Pressure treated wood is prohibited. (3) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front façade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes None L I 4 U' IIOP.TH T / UIII CIP7''�L I I I 56 1 — `� J VIA TER DIST ICI EASEMEI16I I I I • ^ "" mo 50 0 100 200 van 7rP6. G. 2436IL-.T ( 0 1 SCALE IN FEET i uo' - I I 26 NOTICE.Ceiling a puf a:n n bviolollon y City anCarno�°1„oco old 9 _ I W �� Stole Lae.9m Is su6ret to e Q I (I W VICINITY MAP and•Olshol4s,of nun 9 P anus. u .<n COLONIAL ATA ACRES O,' I 21,01 S.F. 25 n r s VOL. 6 PG. 39 �' I I I I 54 .J..,P.R.GC.T. I "Tl I I I :.envoi 2Gne.202..,,n.e„Con1.,,n,.Ca.,re«t1*,3-Merl JLu II 2a \ „,n1 ^ 3 za7 nos' 3 ( / — I'. ?5' S2.50' n ev mnr>..,<.m:..m1.,...n,>90::n.,,,,..,o-::�o . C/ 1/1/1 17.63' /!/ ) 32 r.bloc,C...1,.o,_ee a_.,.Da.O..o oe..nee / PROPOSED 23 22 O / FIRE STATION . 1.605 ACRES /•' LOVE STAR GAS /..... ' (01.1F'AII: EASENIEIIT—►1 --► D.P:_C 1 m c N • A SO CKn •v 5 6 9 s -Ti, T `L � 9 '''. 20.00' F)- / WYLIE DPV LIMITED PARTNERSHIP 90 Q(. INSTR. 20131029001473060 D.R.C.C.T. a M 4X 6,172 S.F 3 I • EXHIBIT 11C'I a OWNERS NARY STONE/WER£Y LIVING TRUST FIRE STATION EXHIBIT PO6 WILE.TXX 75098 X HOWREY FARMS 60 CECIL HALE I FIRE STATION SITE 6608 GOLD DUST TIDAL BEING DALLAS.TEXAS 75252 51.708 ACRES SITUATED IN THE DEVELOPER WIWAM SUTTON SURVEY,LOST. NO.060 DOUGLAS PROPERTIES.INC. 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'I ,�, Wylie City Council � � AGENDA REPORT LPTz XYYb M Meeting Date: September 26, 2017 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 19, 2017 Budgeted Amount: Exhibits: 6 Subject Hold a Public Hearing and consider, and act upon, a change in zoning from Manufactured Housing (MH) and Neighborhood Services (NS) to a Planned Development (PD 2017-06) to allow for a Manufactured Housing Residential Development and a Retail Development on 30.58 acres of land located at the intersection of Vinson Road and County Line Road. 2017-06 Recommendation Motion to deny a change in zoning from Manufactured Housing (MH) and Neighborhood Services (NS) to a Planned Development (PD 2017-06) to allow for a Manufactured Housing Residential Development and a Retail Development on 30.58 acres of land located at the intersection of Vinson Road and County Line 2017-16 Discussion Owner: Yes! Communities Applicant: TRC Engineers, INC The applicant is requesting to establish Planned Development zoning for Manufactured Housing and Retail on 30.58 acres. The current zoning of the land allows for both uses however the applicant is asking for the Planned Development to allow for the new development to match the existing manufactured housing subdivision that is south of this tract of land. The proposed Planned Development has a total of two lots. The retail lot of this Planned Development will abide with the regulations of the neighborhood services zoning designation and has no variation within the Planned Development standards. The reason that the retail lot is included within this Planned Development is because the applicant is reshaping the boundary lines of the neighborhood services zoning to allow for better site design. The manufactured housing lot includes 149 manufactured residential units and 6 private streets that will be privately maintained. The Planned Development will be providing a screening buffer of 40 feet with a 6 foot masonry wall along the frontage of County Line road. In addition a 6 foot masonry screening wall will also be provided on the northwest side of the development fronting along Vinson Road over the length of the Manufactured Housing area. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Notification/Responses: Five (5) notifications were mailed; with none being returned in favor or in opposition at the time of posting. PLANNING& ZONING COMMISSION DISCUSSION: The Commissioners discussed at length the proposed lot size. The commission was reluctant to approve the 5,500 sf lots in lieu of the required 7,200 sf. They also desired to see a wider entrance off of County Line road. The Commission asked staff what was the rationale behind the change from 5,500 to 7,200 and did the state regulate lot sizes. This information was not readily available and known at the time of the P&Z meeting. The Commissioners voted 6-0 to recommend denial of the request. Staff has since researched the history of the ordinance regarding manufactured housing. The timeline of events are: - Ord. 1983-18 included MH Park but no specific lot requirements - Ord. 1985-05 amended 83-18 added the mobile home space shall be improved & have adequate support. - Ord. 1985-40 amended 1983-18 included specific area requirements 5,500 sf min lot - Ord. 2000-11 created the MH District with 2 distinct types MH Subdivision (7,200sf) & MH Park(5,550 sf) repealed 1985-23A. 07/25/2000 - Ord. 2001-48 amend in its entirety 1985-23A and included MH Subdivision (7,200sf) & MH Park(5,550 sf) - Ord. 2005-58 deleted the MH Park section. January 24, 2006 In summary, in 2000 the zoning ordinance consisted of Manufactured Home Subdivision which allowed lot sizes of 7,200 sf and Manufactured Home Park which allowed lot sizes of 5,500 sf. In 2005 the MH Park section was removed. Staff researched 10 city ordinances regarding lot size and dwelling size. The average minimum lot size is 4,350 sf, with the largest being Little Elm at 6,000 sf. The average dwelling size where a minimum was listed is 820 sf with the largest being Terrell at 1,200 sf. Lot Dwelling Dallas 4000 Fort Worth 4000 Frisco 4500 Grapevine 5000 600 Greenville 3500 Little Elm 6000 1000 Mansfield 4500 McKinney 3000 Plano 4500 480 Terrell 4500 1200 communities r ° x WhoWeAre . ,,, ,,.`' it YES! Communities continues to consistently grow with 178 distinct communities in 17 states with over 44,000 home sites. (;1111. We have major concentrations in Florida, Georgia, Iowa, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas. . am. Growth From our inception in 2008, we have grown over 300% From f 2008 to 2013 we acquired over 110 communities making us one S' of the largest privately-held manufactured housing operators in 11 L. tt the United States. In 2016, we added two global institutional - ' , investors and became a private REIT. ta We have • 0. , -. presence `` in 17 states Fae,a grandmother I'm / ., It and a Real Estate The We saw t Agent,working from p home,lives at our Boss! growth of - Encantada community over 300% in Las Cruces,New Mexico.She loves a being able to spend time enjoying 2008 2013 the community, including Friday or; z� night Bingo and planting vegetables a.. in the community garden with her granddaughter. Click here to see our new video https://vimeo.com/yescommunities/ - yescommunitiescomvideo2017 j , ',-- . . .. tv iut. , , . , . ,_ . .„ . About the _ , „.„....:,,, ,..... P• , - Am .-. it J-..- ., Company Fes. , N. . ! - -. ,„ w YES! Communities continues to grow with 178 � ' 3 distinct communities and over 44,000 home sites 4"ig .- ,, { in 17 states with major concentrations in Texas, isw.. ,r-r..,., . 0 Florida, Tennessee and Georgia. 4 5 GROWTH i Tt4 2008 - Acquired original 65 communities in 12 1 II A , . _;, - states with over 18,000 home sites. u' , f,, 2009-Acquired 2 communities in Denton, Texas t4 a with over 1,000 home sites. L. ` 2012 January-Acquired 7 communities in * """ Charleston, South Carolina with over 1,200 home --' sites. • We Love Ou:. . V August-Acquired 42 communities in 7 states with ■ t YES! I can help over 10,500 home sites. Res I . 2013 April -Acquired 64 communities in 3 states -•-ter YES! We area team t en, with over 14,000 home sites. alt M- - LI�: YES! We add value :P.' 300% growth in 6 years! A thud YES! We bu • '4 ' YES! CULTURE Having the name "YES!" defines our decision- making process-we are here to find a way to say YES! to our customers.The company culture creates a consistent and focused company philosophy ! providingaffordable housing, creatingvalue � ._ of 1113,11/F13 rt,' 1101 `;x P., .• and providing industry leading customer service to our residents. COM M , ; . : • yes! UNITY ,:. , .,,*•>,tn„i, of,,,,i,n1 Industry Involvement r MHr Mari ROSEWOOD ESTATES • AO* , $11&.' INDUSTRY INVOLVEMENT litcl Rosewood Estates is a proud member of the Arizona Manufactured Housing Association. In the past, all Rosewood • Estates community managers have attended the Arizona Manufactured Housing Association's Community Manager Certification workshops that are held every two years. Both Tina and James, along with all other YES! Community Managers in Arizona, will attend the workshop again this corning June. COMPANY CONTRIBUTIONS AND INDUSTRY INVOLVEMENT • Gary McDaniel, CEO at YES! Communities, was inducted into the RV/MH Hall of Fame in December of 2014. • Actively sponsored MHi at a Gold level for eight consecutive years (2010-2017). • Steve Schaub, our COO, held roles as a member of the NCC. He was the NCC Chairman in 2011 and Urban Vice Chair in 2010. > Spoke and moderated at the MHI National Congress and r S it Expo for eight consecutive years (2009-2016). .p a • Joined the committee that determines the topics for the MHI Forum. �► '\rranged to have employees lobby at the state capital for exas Manufactured Housing Association in support for the people who live and work in the industry for seven consecutive years (2010-2016). > Participated at the board level in state Manufactured Housing Associations in our most active markets including Florida. Tennessee, Texas and Georgia. ) ) ti. ,, ,.. Building ,,, ., .,.. .,., .,, ,,, . . — Community ...,„ ..... , ., .., .. .. 6r K c 4rifh�' ADULT EDUCATION PROGRAMS . % t Resume Wi itmy Classes p• ritiing Classes : « !resume Writinq Clascr Resume Writing Claasses • ... . , -as, . . , lic" -.... - . . Fun Run , Easter Egg Hunt ,,,, Backyto School COMMUNITY EVENTS 1 ;`- L, , F Halloween y�;, , •a }� '.'. *,' .• ! '1- A. �•,, • 'F+ �. Rock the Block • Kids Camp � . • R ( ' • e 'i i 7�/, { -y • i Halloween to n to chool After School Tutoring yes! nrt•hlanlr 001/1n, C r +,w " -4 wkao , .1 _ r7:: i• .#. Building ,i` 9. Community �w \I. ` ACTIVITY CENTERS r�� I. m We identified a real need for educational i - s J ml I .: ` '` rl resources within our communities and we :+« wanted to be a big part of the solution. In the last two years, we have developed several activity �sl'i� centers within our communities complete with il classroom style desks, chairs, computers and ,� �; printers. In addition, we have partnered with local ,;, universities, non-profits and other educational resources, which donate their time to teach � N N. classes after school and work. WIMP . e. � "The activity center has brought an additional iii: PM. , °" , . resource to our residents that enhances their ' ._ ^,�, lives and builds a stable environment where they can bring their kids, take classes for their own 4,,,,.. personal development and feel at home " Ed alb^ ,:. Redmond, North Carolina Regional Manager _4 • „. . .. _ We ,r:.,„ ,a,;nuniry • mil. *, If..VI, loloo.otri # 1 'Irv. 1021 Le\\ #.1..' I'111. 4 . k: . ,‘, • 1/110,_ r 4 - yes! ,nt•klanle nYl'l/IA1 Beyond Customer _ ,*. - __„ , _,,,.. ,_., ' -q--7--- -...„ ..„.,.„,"rSupport We Rudd Communoty' I • � `T'I j �4QnecopeA` �� f1� }M. RESCUE RELIEF VEHICLES • , .' tit ' ' While we all pray that disasters will never befall our ' � s, �, tio x' communities, we have a duty to be prepared to act II 'S �� , i if and when they do. YES! has taken a major step in We9wld (,� _ (!, 1 (pmmun�� e 1�wr � � ' ,. `.J this preparedness by creating two complete Rescue ..""^b, i.,;, , •r°'" Relief vehicles. Each of these systems is comprised ofheavy-duty four-wheel drive truck and trailer a d � ` `,., and is ready to roll at a moments notice. The are our first line of support for residents coping Z with disasters. ' • ' A '� '1' •• i' -•,,,„.',[ 'x',�S 4 ,- . F , `.1! ,r.. . • 1 ,,"� 4 W ,'Sa,'YT ,lam - — } CHARITY EFFORTS Our residents are a hard working group. That said, * ► ti from time to time we encounter residents who yam, ' -' need a hand getting back on their feet. This is why • a we developed our YES! We Care Charity where the funds go directly to our customers or to the rpilh ,, M '' t communities in which they live. We have helped " Ilk , over 430 residents and a dozen local organizations f I in 2014 alone. "We were able to take our quarterly charity funds and purchase used bikes for some of the kids in 7,i the community. Many of them had never had a r. bike before and had been walking multiple miles to �1', M,l _: �r r school each day. It was such an amazing experience to be able to give them this gift and see the smiles ' on their faces." - Mallory Hoebelhernrrch, Palms of Archer Community Manager yes ... 9/22/201 I __,c C Special Resident Services .. COMMUNITY CLEAN—UP �,r The Rosewood Estates team and the community's kiddos got together to • i ; HALLOWEEN i ,. learn life lessons while making the r ''x . 'I TRUNK—OR—TREAT "„`" S. community an even cleaner place to *`i' M Hit, > Decorated Clubhouse tillcall home. The children were taught > Management Team about teamwork. respecting others j I ..- Served Jailhouse Tacos and how to follow direction -they N, t I pizza > Passed Out Candy also enjoyed a party! Three children that exemplified these three -. characteristics were rewarded with personal pizza parties with their friends. It was an experience that all w 1741. involved will take with them forever! RANDOM ACTS OF KINDNESS The Rosewood Estates team prides themselves on making the community a place residents are excited to come home to each evening. They make sure residents know they are ICE CREAM SOCIALS appreciated through simple, but BIG gestures of kindness. & POOL PARTIES These gestures include: • ' There is nothing better in the > Bringing residents flowers to brighten their day blazing Arizona sun than ice > Providing donuts & coffee at the clubhouse for residents cream and a dip in the pool! The > Checking on elderly residents to ensure all is well community provides ice cream and running errands with (or for) to the residents several times them when needed - through the hot 1 ., ,ter snip G Or • summer months and everyone • '`N k' enjoys hanging out by the pool . to cool off. 4 ' 4 10 t mit•hlank ct/,-v PIA 1 IP I ,€ - c- - rt 44* A Community on a Missio " YES! I CAN HELP >° 0 , ,# Regardless of the task at hand, each team When the Rosewood Estates team gets together they think C member consistently says "I can help." about what they need to do that day, how they can complete ,: Each day they are there for each other- "" they are family. their duties, what they are working toward and what is the end goal. By the end, they always come back to these four things. �; i the YES! Culture... Pr YES! WE AREA TEAM ,,. , yest Att.,,, n ,, No job is too big or too small. Nothing is Alai mar At r" outside of someone's responsibilities. The T ,. Rosewood Estates team works together ViiiiilW iasu*" and together they get the task done. "- 4' r , ‘.._, _ ,c..,:i , „It, . ,, ,. i. YES! WE ADD VALUE With every lease signed, every work order w completed, the Rosewood Estates team 1 works to add value not just to the community. f M „ . but also to the lives of the residents. 111, YES! WE BUILD COMMUNITY ,''' tiw+i �,... The end goal, the finish line, the thing each Cil team member works for each day is to truly build a community for the residents. To build a place each resident is proud to call their home and a place they never want to leave. - 4 ►nt•hlank 11 i'l'1 inn 1 _ , .. , ,, , Affordability You Bring our :: , storage? Down Payment. Since YES! Communities was founded in 2008, one thing has stayed a AIli constant -change. The economy fluctuated, and there was a shift in "` \cy ! stability in the marketplace. As YES! found its place in the industry, we -111 k V.y ,410 kept one thing constant- provide affordable housing. We could have easily ,,,�'^^ fluctuated prices due to demand, but we looked at the value proposition 4 • I ---,' that differentiates us. We stayed true to providingaffordable housingto fora minimum monthly cost,you can store We'll Match It Y your extra toys,lawnmowers and grills. UpTO $3�o!. Ask us about how to get your own private thousands of residents. site built storage unit. ■ .�..v.......��.,�...... We still match your down payment e �� up to$3,000,depending upon purchase pricy. towards a ttdurtion iu the price of the home. ii ® .� -......._ :;' yes,=..B.F_.�___ -=. ,_o yes! ; . 1 , i • .. _ _, ... , .., _ ,, . _ , . ..• • HOMEOWNERSHIP: IT'S LIKE PAYING ,..! '� Duke,a firefighter,moved into our Arbot Springs community YOURSELF NTpi,„ The in Mesquite,Texas because he was looking for an affordable "'"'."o"'rl,„,.,,-,.nyq"b',ryn„Nq,ne 4 D _IEF nppro ll maY be eau.r IILn yM,Nmk place to live.His dream was to add a deck to his home and your wHnenl nugM xtmlly qo OOWN Boss! and YES! provided an equity builder loan so he could do just that. Now Duke and his coworkers enjoy his deck each Friday. .1i4•1-.1on1r - `. nYn-,v.nI _ _ E c c Listeningur to North Carolina.They "� Boss' moved into Village Park, Cu sto m e n where they are meeting many new friends due to the weekly What our customers say matters, we want them to know we hear them. community activities. The feedback we receive from our customers is helping us become better • as a whole. Residents want an immediate response to their issues; therefore, we have a support system that responds to questions, comments I . and feedback within hours. We currently have a 4.4 out of 5-star rating on Facebook. r s. IIIJamNn Potato YES Communities cp Thank You Mountain Gate!For our lovely 3bedroom.The transition from moving out to moving to was the beet experience a first time renter can go through!Enka.Rose, Monica everyone did their pan to make this transition as smooM and transparent as aver and 1 couldn't be any mapper with the choice I have made.and even the -- ---- �_-- possibility of becoming a home buyer of the property I rn renting in the near I utore Ai.... \Fo.ewee- -Olen a kW... �. The information given was as accurate and to the tee and everything...See More0 L.lokr SMOKED SAUSAGE! 1 , hibt,' }lilt .aeliredo Eclt I l i a 1' i \ \' ' et,A,tmv.$ ow Nat protean,.a..• /v/vl\\ Vt 1. 1111.1.'lltH /fr f in Y� C_J+ communities DIY Projects to Ma f '„ ,ur Home Look Clas nmm commune.. Bumps YES .* * * a UMW. Communities O . tile a cnrnnre- SNIT `• �v� . rime Cl.1,7 0 1111111117F1 Ir.`/(" , err Ili MOO �i�`, � •• Renews 0. *ler*' Myron Deon Foster YES Commurrtles 0 ail t The Valley Brook location,n Stone Mountain has been my home for the last four Videos • w � itp. • ' e/,.`rr 0 years and I can say you wont find a nicer place to rent from.I really did not want to Who An we r ever rent an apartment again because of the Issues that can be associated with rt stf eDAr IS 11I>+fblr%, \ multiple dwelling buildings(privacy.tack of consistent parking locations.neighbor Contact dial - .. vioaeow,s.wf fiery M t Ifi u I wanted to rent a house but �� ,�.. Our roou.n A gi) VW nave,and bang attached to others with sec s e41 YES,E.pwwne didn't want the motor up keep of a full yard.Valley Brook one.. Sea More • ' ?cars WHY wF CAtI itt kit Cu„1 -,� ALENTINE'S DA` THE PRESENT Peas REAKFAST IDEA -11 I YES Communities F J ' S Di 20 FUN AND FRUGAL o,,,n.,,:,,,.,, DATE NIGHT IDEAS "�'�` : caiiimi 4!Uke Si Cerement 4 Share m3 Sit•hl anlr Cirri P)fr)1 :. I ....E' Z_ New Homes The demand for new homes continues to play a vital role in satisfying H .. our residents We have purchased over 4,000 new homes in the last it,, Pii • 01111111 Li ' 1,„.;„,.. 'It( , . few years. These homes are not only affordable, but they have updated appliances, wood-like flooring and open-concept floor plans. i .. .. . - 41"4k,'1:::'3,',,a.''''''':"'''• .. , •O• . , 1 451 , wor•• ; 11110111Pe _. ..."... ! ,,.. .•i .''-'s .';',-:"*4;eit',''' '-;:',.- - :41kf'''''''' '1.' - , ,• IIIV .., - -... ?.:"1';'' , it * • _ - ". %.:,4101:...• . ' P b I 'i•-'.• ';iir.," .1', . .' ••-', 4 ot . -- ,—A, i 1, It 110 A. ' • '..• .40 --...0•... . Irm Jason and Amanda were recently married and are expecting their first little bundle of joy.They were looking for a great, The first home that would be the perfect place to start their i . --— Boss! family.They found their home at Cedar Knoll community in ,.. J Waterloo,Iowa.The community offered them an affordable place to live,where they didn't have to share walls with noisy neighbors.They couldn't be more excited for this new chapter in their lives! mf-blarde 0/11/1111 A d u I t Education I'm The Maria has two kids and they are her world. She lives at The Boss! Stables community in Sevierville, TutoringCenters ,aTennessee.The community provides afterschool snacks that they love! The kids are always excited for the weekend We identified a real need for educational resources within our so they can go to the pool and communities for both children and adults. Arranging a place for meet their friends for teachers and students to meet allows for educational and social the Saturday BBQs. development. We have these resources in Texas, North Carolina and recently in Georgia! , ,, ,., lir , . Com..,,, , , , \____ .... , .,,,,..„,,... �, toedi,(7'"ntl: iiiH Yr , iiik ,, • \,,,A?e'' ' s .✓n , ahm' `! pems ,4X .4 , )q° ^ pDa er , " (:...4;p: ‘C ,v, '' (4 , ''po..1:14.4; ,t ‘4%.3114 1 , 1.\\Ntlir, ,,t- , 'Iv, Ocritil-1 • t A f•�'l1 on it A f'ln/�A 1 \l i C_o_ Amenities Ow amenities are not only appealing to residents, they are a great k y place to meet others and connect as a community. Each year we look at how we can provide our residents with a new experience. Ik) Playgrounds have gone from a standard swing set to a creative, Bailey is an energetic I'm climbing wall. Swimming pools have been upgraded to splash parks! pup!This dog loves The playing with tennis balls and getting treats from Boss! his owner.There is a huge dog park at his community,Wind Gate in Summerville,South Carolina where he can run fast and work on his newest tricks. ., ....... ..... 4. , P. „II . ,. . • _ ....,,,,,• ... . . , ...*„. , . _______ ., a "" '�' .... • ,. .., . _ .. • p ( : ,: _, 1. rsa•• - 1 jal iiim. - ,, Al i: ' ,., . ^ r 11 _ 111111111 Iiif'1lb u , co,-v1I'l!11 L V CSt:+l./V duo jai.;u� .ij�4Tdsou u,TagTnos "g u�,��ua at4sn,T jo JJI1J Ai unwwoo NT f'-`di 1.7_.„ . ,....,,, -,....:_i_.......„,....7-1111164-,...36: *.„......, . . �IRe w r. a► j rIW yy lie ma ...i.. 4' i. — "— ,1L•i;y 1" .l.fie ' `'".'It. Y '. ! ,., t a .. t . , "4. 7: ''s ' 111P 111 'If NI S9i, . 1 "..... w.�''..' wN ,' - • aa,,v,i , . _ ., „....„....5 .,.... , _ . . • .., ., .... ...„.... . _ , ....., ,....... . e• , ,,,,....4.,,,„ • �• 60 0 [ t Home vs. Housing CUSTOM HOME DESIGN Ilt.,_ . . • . Our customers' needs have changed and so have . our home designs. Residents want open floor -=^ �� , i - , plans to entertain, modern kitchens and updated =' r �- t ' "' enhancements. In addition, they demand homes II _ _ - that last and that are easily repaired. In the last two • 6 years, we have produced over 2,000 innovative \. I'I''' ; e , new homes for our communities that are tailored to these needs. YES! GREEN vCti!Vi L�.6� N .. „ . With the YES! Green initiative, we have been able WATCH TOUR SAVINGS Compact Fluorescent Lamps to decrease our customer's utility expenses with GROW • __ yearly savings SS 7 per bulb.up to S140 annually education and homes that are energy efficient. In )TSqii - some of our homes, customers are seeing utility CREEK savings of up to $1,000 a year due to retrofitting �'t'tilMruSE and installing energy efficient light bulbs and ��^_-- — Water Sawing Showerhead appliances. It Is a win-win for our customer's and . _,_ J PP �- •----_ yearly saving, SO%less usage from _= showers.up to S200 annually -__=-= ,yt the environment. RESIDENT PAYBACK PROGRAM ill From time-to-time, homeowners are Ina situation filli •y1 „ where they are faced with a home maintenance i� issue that requires funds they do not have readily pie/.i.,� +, -- =�. • available These unforeseen maintenance items ,11 might include smaller monetary investments such �t hr�, c° , as an NC repair or replacement, skirting repair, roof / ,,.; repair or replacement, deck repairs, etc In order to 1 -._ ,... ° v assist our residents in a time of need, we offer to cover these necessary expenses up front and set the �r_ residents up on the no interest Resident Payback Program to cover these costs. vest ..,+•h1..., n/'17 Pill 1 E '. 3 "' Home' vs. Housing ,,1 _ , . ... , .,.. AN, (L. EQUITY BUILDER PROGRAM Occasionally, homeowners are faced with larger 4 SidIiii expensive repairs to their homes as they start to NI" t age. Unfortunately, a majority of the homeowners t ; ' . would not qualify for a loan on these costly repairs, such as decks, new roofing, siding,etc.We offer - these residents low-interest, no fee loans as a way r, of h. R Vw. ,'�CW^=-G.. .....,..,_... for them to build equity in their home, make these .100-10"` • costly repairs and stay in their homes that they have {{ : � t,,� �� " grown to love. This is 100% geared toward resident """ assistance and how we can help our residents as II a these loans are at no profit to the company. RENTAL CONVERSION I `: HOMEOWNERSHIP: "I love my home—how can I buy it!" Many of �S ITS LIKE our rental customers fall in love with their homes and y PAS1RENT YOURSELF this and offers incentives to rental customers You invest in your future when you buy your home RELIEF who meet certain requirements. Many times their Approval may be easier than you think IrOU II and your payment might actually go DOYyN. Stead the uttusi t of heya thisin1aria ng monthly payment is the same if not lower than RECEIVE A S10 GIFT CARD WHEN YOU APPLY. r , Talk to n,and we your,�natxial,utnre now renting the home. MOM UNA;ARAMA DE S10 REGALOS QUINDO UMIED SE ADUC I ./ si lnf hlank 0/71/1f1 f --aF Home: Where The Heart::: i r . M .. _.,... ,. „..... . _ r,,-,.1 . ': 1.4 *A r ,, ... 11 ''' '#t5 - s • •• 9 Rosewood Estates has both homeowners and renters, AVERAGE PRICES equally. Although the majority of the residents are families, ) Average Home Rent: $494 the community is also called home by some empty nesters ) Average Site Rent: $406 and elderly residents. Regardless of their phase in life, most of > Average Home Price a Rosewood Estates' residents are long-term and have called - Single-wide: $35,000 the community home for many years - Double-wide: $43,500 8. • uit•hl ank n P-1,1 Pl n 1 E e c PEST Communities Nominates ,, , EAGLE CREEK s MHI's LandLease Community of the Year ____ _, Region.for the South , ,4,..: . .., ,, ,. , ..., , ..... . , ks . i s 1 :"k •A:,�• 4* • .0.•• nR- . Srsafk4 Y • 9M�!y 'a'. • rr rM y v,.+l• 4t �,r . - , } y. < ai. L1 : ♦'117: iiilt 1141.rfli;;(71 :*. :: 4. 1 N, �...,......-- ,... . ram"�•�^.. H„w...._.",. t + 4...••.1 ."* This country haven, known as Eagle Creek, is located roughly eight miles northeast of Tyler, Texas just off highway 271 . The community sits back a quarter mile from the highway and features 232 home sites nestled within mature shade trees. Eagle Creek is proud to offer a spacious clubhouse, community pond and walking trails across its 280 acres. ,nt•hlank QO)Mil E E c I'd Rather Be Lost r e Woods ale Creek isproud to offer residents apeaceful escape from 9 p Than Found in the City the Tyler city limits. The community is home to many retirees. In another life, under different ownership, the community had been age-restricted - a community as beautiful as Eagle Creek is • ,'� 4 ' p something residents aren't looking to leave! ;C . , ,�, - ' '•�. In addition to retirees, many young families with children call Eagle -, a ' Creek home. The community's country location is within the Winona f' 1 }', School District, which provides smaller schools, with fewer classmates ' z ' �I - ik ,11- and specialized attention from teachers an attractive benefit for 7 Irbil families with young children! AVERAGE PRICES • Average Home Rent $600 • Average Site Rent. $374 • Average Home Price ' ." 0w , ''' �', 4 r,. �,''z�,�' � °°' % > Single-wide $35,000 ,'4 r a � ,�� ,� � � �z ;' > Double-wide $47,500 , i yr. � k k � 4' • M tad" rz 1. S g. 1 � 111 t ww;yppMu - _ tilt-Want- o/77/')n1 imilliii�iI11IIminim r 11►��LiN11rIiL�liii a, IV,,,,,,.1*":::::::;41:teope:g*- �� o�jI�IuiII11 Iilligll itmo; � � •�I�� llli3O ��■q■■ . ma 0�� i_ arm in ..o►`r} : I1 ■1- . :_�� eoeo 444.A'*4 E6CIO /�. '"°'"'"a Subject . rt n""till __ j ._..._ ikok fir. ♦ :14 r'a.^.-��1 �oeo., =lminr .. I PropertyIr • $11.6. 0 WO marriIiiii11111 : MIMI= hi --- 4- �r 111 4p�O�1Pel ❑ 0■iilo<l�ii■�R� ■ iii !iaI1 fa �vri niosiilioi. ■ A. . mil. iiin . �Trerrliii L�' 111 at_ It. __ 1.11WO*400 rilllff 11 IMIL i lilt ,40.,,....a * ni Onfikl . l MR illt 44k4k+AA"iiiiiiielil LI mink 1 im milLiiii,"=. miff- -9-ii"- .ituani10 n . MN Mummy' NI iminp...--=mi. r sv, # 44 iiiiilogui mi 11111111MMIN 11,•..-i-evair um . _ 51/11-4g1:11 IN Ilik\ A ik k.. Alk7Ati 1 ill irm. I i .11.111TA- 0 s.p4; r „ mil►Li iim R/1E101 l'it- if tk, / 17.1= Mae all,...aillt, \OAP 41p ,,,4._ al ........i.cro. 4:6•4.410„,„, NN, � ® ® 4 �i �r t: o....;,„toI Ioi :.4A.4 . ai �` e o ®,. e ♦ e �,,, ♦ :„.41:1:4;40',..-;"114.--,,..48_,Iiii' I IIIIIIIIIIi11iI111i11 �►� V Vi*♦ , ykN *..#4' ��44 I��0 ■Illllllilllllllllll ♦d `�! !°`•oS'y**. 8' 4.0 IIi1111111I1111111111 °deg z o �° 4:`44 �;` ' .�' ono.•.°a° • I 1' III1111111I1111111111i 4�4% �`�°44*0410+ NatIA k 111*:*.-"4:fr":".. �.�I ritir�ritjfA '��s trrEr�i�";rRO T o� ,.- LOCATION MAP ZONING CASE #2017-06 6477 FM 311 OPO BOX 992 SPRUNG BRANCH, IX 78070 S H E© 111( 830.228.5788 P0 830.885.2170 F SURVEYING & S.U.E. VVVVVV.MSENGR.COM I MKS #10044200 irommEs RESIDENTIAL I COMMERCIAL I INDUSTRIAL 30 .580 ACRE TRACT FN NO. 17TRC004 17TRC004 .DWG AUGUST 8, 2017 FIELDNOTE DESCRIPTION 30.580 ACRES BEING A 30 .580 ACRE TRACT OF LAND SITUATED IN THE E.M. PRICE SURVEY, ABSTRACT NUMBER 1114, DALLAS COUNTY, TEXAS, AND BEING PART OF A CALLED 34 . 552 ACRE TRACT AND PART OF A CALLED 23 .477 ACRE TRACT, RECORDED IN DOCUMENT NUMBER 201600228831, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS. SAID 30. 580 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8" IRON ROD, FOR THE NORTHEASTERLY CORNER OF A CALLED 2 . 90 ACRE TRACT, RECORDED IN DOCUMENT NUMBER 201500321386, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS, AND FOR THE NORTHWESTERLY CORNER UFA CALLED 2 . 37 ACRE TRACT, RECORDED IN DOCUMENT NUMBER 20070191784, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS; THENCE ALONG THE NORTHERLY LINE OF SAID 2 . 90 ACRE TRACT, N 88°3239" W, A DISTANCE OF 272 .06 FEET TO A FOUND 1/2" IRON ROD; THENCE N 36°5714" E, A DISTANCE OF 578 .22 FEET TO A FOUND 1/2" IRON ROD IN THE SOUTHWESTERLY RIGHT—OF—WAY LINE OF VINSON ROAD; THENCE ALONG THE SOUTHWESTERLY RIGHT—OF—WAY LINE OF VINSON ROAD, N 48°4608" E, A DISTANCE OF 614 .65 FEET TO A FOUND 1/2" IRON ROD AT THE BEGINNING OF A CUTBACK; THENCE ALONG SAID CUTBACK, N 83'49' 18" E A DISTANCE OF 131 . 13 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") IN THE SOUHTWESTERLY RIGHT—OF—WAY LINE OF COUNTY LINE ROAD; THENCE ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY LINE OF COUNTY LINE ROAD, THE FOLLOWING COURSES: S 46'47 ' 50" E, A DISTANCE OF 463 . 96 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; S 46°2419" E, A DISTANCE OF 640. 14 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") FOR THE NORTHERLY CORNER OF LOT 1, BLOCK A, MOBILE HOME ESTATES, VOLUME 2002116, PAGE 163, PLAT RECORDS, DALLAS COUNTY, TEXAS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, THE FOLLOWING COURSES: S 43°35' 14" W, A DISTANCE OF 149. 91 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; S 46°24 '46" W, A DISTANCE OF 93 . 18 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") S 44°04 ' 11" W, A DISTANCE OF 940. 97 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; S 47°2413" E, A DISTANCE OF 90 .03 FEET TO A SET 1/2" IRON ROD (WITH CAP ST* PED "SHERWOOD SURVEYING") ; S 42°35 '47" W, A DIST* ICE OF 50 .00 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; S 47°24 ' 13" E, A DISTANCE OF 23 .92 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; S 42°4656" W, A DISTANCE OF 119. 58TO A FOIft1. 5/8" IRON ROD IN THE NORTHEASTELRY LINE OF A CALLED 209.75 ACRE T 'CT, RECORDED IN VOLUME 4169, PAGE 7329, OFFICIAL PH:LIC RECORDS, DALLAS COUNTY, TEXAS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID 209.75 ACRE TRACT, S 47°29' 01 " W, A DISTANCE OF 300.61 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") IN THE EASTERLY LINE OF A CALLED 1.117 ACRE TACT, RECORDED IN VOLUME 216, PAGE 6400, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS; THENCE ALONG THE EASTERLY LINE OF SAID 1.117 ACRE TRACT, N 06°3549" W A DISTANCE OF 231 . 00 'TO A FOUND 5/8" IRON ROD FOR THE NORTHEASTERLY COm'HER OF SAID 1 .117 ACRE TACT; THENCE ALONG THE NORTHEASTERLY LINE OF SAID 1. 117 ACRES A 10 THE AFOREMENTIONED 2 .37 ACRE TRACT, N 45°24 '22" W, A DIST*I CE OF 513 .21 FEET TO THE POINT OF BEGI1 ING, CONTAINING AN * I"EA OF 30.580 ACRES OF LAND MORE OR LESS, A SURVEY EXHIBIT WAS PREPARED ON THIS SA E DATE, BASIS OF BEARING IS NAD 83 TEXAS STATE P A E COORDINATES, NORTH CENT* L ZONE. RIC * *ID A. GOODWIN, A REGISTERED PROFESSIONAL A SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY * OE ON THE GROUND UNDER MY DIRECTION A .D SUPERVISION, SHERWOOD SURVEYING, LNG P.O. BOX 970 RICHARD A. GOODWIN DAT, SPRING BRANCH, TE AS 78070 R.P.L.S. #4069 STATE OF TE *S TBPLS FIRM #10044200 OF "Ar : CO/1...'qP VP 4156;;iii7,47666ailisp, 4069 i 1 . %9PESS0' ... 0 A 'frL2su Exhibit `B" Proposed Development District Development Standards The Property shall be developed and used only in accordance with the following Development regulations: A. Base Zoning District: The Property shall be developed and used only in accordance with"MH" Manufactured Housing, and"NS"Neighborhood Services regulations within the specific locations shown on the Concept Plan as presented in Exhibit"C". B. Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit"C"and which is hereby approved. C. Permitted Uses: The Property may be developed and used for any purpose allowed in the "MH" Manufactured Housing, and"NS Neighborhood Services zoning limits. D. Residential Space: The space allowance for residential units shall contain a minimum of 5,500 square feet. E. Streets: (1) All streets will have a width of 27-feet as measured from back-of-curb to back-of-curb. (2) Rollover curbs will be installed along both sides of all streets. (3) No collector streets will be included. (4) All streets will be oriented within an Access,Fire Lane &Utility Easement having a width of 50- feet. (5) All streets will be privately maintained. F. Off-Street Parking: (1) 20-foot x 20-foot paved parking space will be included with each residential space to accommodate up to two (2)vehicles. (2) No on-street parking will be allowed within the access and utility easements inside the "MH" Manufactured Housing area designated as Lot 1. (3) Off-street parking within the "NS"Neighborhood Services area designated as Lot 2,will be determined with the specific site layout at the time of development. G. Sidewalks: No sidewalks or handicapped access ramps will be included. H. Signage: Street signs having a standard height of 7-feet will be provided at all street intersections in accordance with City of Wylie design standards. I. Screening: A screening buffer and wall will be provided on the northeast side of the development fronting along County Line Road. The buffer will have a width of 40-feet. A screening wall will also be provided on the northwest side of the development fronting along Vinson Road over the length of the Manufactured Housing area limits and extending to the southwest property line. Screening walls along both frontages will have a height of 6-feet and will be composed of masonry construction. 5,2 \ R DEsrAT -]0G9-O00]50 0 PG DARYL SKINNER Sc O VJI ME ET N ENE JONES DRa RNEY g PEGGT BROWN ESTA RO4V BABA T.CT- s '5t_17 / u*LE Tx 6 02 x s09B m'E NTz 75098 N WYLIE,TX7509B T 0� ;L so5098 WYLIE. °L soN aA < oN 2w D D < B o + E DRIVE VArWYLIE __ GENERAL NOTES: DE R.0311. 713 TVP- BOB AREA(MANUFACTURED HOUS Nc LOT 1) .4 ACRES \ . 4 pA9 6 j,�, h UT DCATION MIN.475'S"OPPING SIGHT DISTANCE MIN.475'STOPPING SIGHT DISTANCE -{ AREA(NEIGHBORHOOD SER/CES LOT 2) Tot ACRES — — —COUNTY LINE ROAD(FM 544) __— J MA F/.TFR ., FUT.PAVEMENT LIMIT�—PHASE II SPH,1SE I-�rt FUT.PAVEMENT LIMIT _INTERSECTION N 2�TOTAL NUMBER DE RESIDENTIAL 81810152 1 E m 120'R.O.W ——— — _ 1 — 1 VISIBILITY TRIANGLE PLACED 11 TRIANGLEEASEMENT LIMITS PRn MASONRY _ ; 3.NO APPURTENANCE l'JE of 60 40 0 04 I SC'E�LNG WALL 5' INTERSECTION TI 2 B B eD 4010. 4-NO pap PROPERTYLOCATED N a FE A N - 4D'BUFFER VISIBILITY TRIANGLE 40'LANDSCAPE BUFFER DEDICATION �x. DEFINED 100 YEAR FLooDPLi N. HE PROPER, 5 SITUATED INA BRADDOGK PLACE PHASE V3T 12oi'1' 12do' 125➢' 1 ION.o' SAN.9NR MAIN 'OTHER ARE DESIGNATION. SCALE 1 60 DO 5001300590�LTD .2t' o o zoo SF Y °/°9sF aT = 7006E °sF e �/ 72< 1 k 0 006E �- /.i ,. R�� R< DIAMOND DRIVE r M i PHASE 2 LOT 2 �o �'� !E 2110N /' GRHBORHO 00 „00 ,0D l LEGEND NEIGHBORHOOD �� 49 a 72,7 SF 7aa,SF m TYPICAL INTE L4Ta '\ GERJICEG m TRIANGLE V S Bur ZONNG coo EASEMENT X EX.FENCE I 0 Dt AC I �I „ 55 SF 5500 SF 5005E = 5500 550OSF 550OSFL`ll _ EX.DRIVEWAY `COUNTY LINE I m t t'1 1 o 00 „°� „on to PROP.SANITARY SEWER LINE .' a 500 SF SSoo SF - 5555 SF o 5555 SF „ s„0.0 SSooD SDF Soo SF N SSoo SF PROP.SANITARY SEWER AND MANHOLE o _ EX.R F\C RODIUS P(1'JP- 8 o 11oD - N (SD R) - ) PROP.SANITARY SEWER AND OLLANOUT _ PRDP.MASONRYA II I 55 F 5500 SF ° 6F O6F _ 55°O6 5500 SF I I12 5500 SF sV EAULINE i .SCREENING Oka coo coo Tun EASEMENT ` JI 55 00 SF = 5500s 500 SF o 5500 SF } 4 PROP.Pat EMNT PROP.WATER LINE III � PROP.WATER LINE AND FIRE HYDRANT PHASE 2 4 R ,o - LOT 1 _ ,°° �'�� pavEMENT CENTERLINE PROP.STORM SEWER LINE U� 525 55005E A 550o PROPOSED 5500s m 005E "66 005E 005E If 6733 sF „00 „0 SF MANUFACTURED ° '" ` t PROP.STORM SEWER AND MANHOLE y 0 ZONING - —— a o a A 55006E �\ �� -�5 F SSoo sF PROP.STORM SEWER AND INLET aa'a 55 sF o10 29 q6 hC 55oos 1105 N 55005E to 4 _�VI E W; = 6942 SF „oo „o. VISIBILITY EASEMENT „00 0 0 „on F „On I, XI PROP.MASONRY SCREENING WALL "�x 45 9 � of � F o SSo F SSoo SF 5.00 sF SSoos III 5. sF PROP.15' LOT LINE z _ iil ( •DRAINAGE ZC _ R o 0 7,5z SF - 1100 1100 \ H 00' , t NT �- VEIT AREA(SF) TYPICAL RESIDENTIAL UNIT SPACE Al ,as,' 55 SSoo SF w 5500 SF yur.u— C� R6F 1 I __ 55n0s J I I L I J 'I 4 3 20'R.O.W. ,asa EI br 42 °sF S5°°sF 1- I I 5 ssss ° Ey- DEDICATION 66005F 66005F 5°9s 55006E 55°° �DRAiN'AGE� TYPICAL INTERSECTION _- 757,s "59 '55 „00 A TRIANGLE VISIBILITY EASEMENT 006E 55006E RI 006E 006E = 006E 55°°SF II Id 55°°SF OT TD sSALE NTERIM REVIEov PROP MASON 92"SF21 „-F 00 of 1100 1100 _ - - Docu MENTs 005E 005E 005E ,0„,-,„,TON 0oo95. dll „00' „ SCREENING WALL vao. -_-. P, 5500 SF ioT UTeuD,o Fox 55 os - - a' 55oo sF - 55oo SF g SF of 1100 „o°' I 1100 ° 5 Soo SF SSoo SF SSoo SF - SSoo SF O1 5500 SF o „°°o5F O cI.EEx_I,F w _ e z n sF 40BIE HOME a EST T �� - 1 �Y 6 VINSON ROAD CLI 160. 5'00o N 5'Oo of , 5500 SF 5005E Io 5500 SF ! /\ - ie T \f 22 10E10 SF 1063 SF 100275E 00 544 SF \\\\\\ \ x \ �II"s 09525E II: �I „a55sF �G 8 nt I a; t �B5 „za WaTER ENE _n LI '�L2 �L w a 4, ;l.,/ , — —�t8 A„ 755,s n q 9„ 55a9 sF rn �1Do'B.O.W. >t� B ,-__- �, �:°� / ,a7 SF r ,zu '�7,� E 4`T� -— - - SAPPHIRE DRIVE ) 5610 f�"' SITE LOCATION ^ -/' 55°°sF 55° ° s>R�zeDD 30.61 ACRES �, F T UP 796 ' O6F 55005E s°SF ' SF 5500 SF 5500 SF s �yB. A. 01z �� "s 'fin _ 2 s �`, L1 x.P4 I q a 1E293s 99,25E PHASE II PHASE - EGT��L 3k3 "> ® w p o° `".' D °zoo? C. �02 5Os 0, 91„� 04 H z - .� ..zo cTll6 VOL E 5956E 73236F � �s W O U COMMIE,STORAGE.BOATAND Rv T. a i,T 3 J-I N 7, _59.0 'Y'3,, �N� D.P.R.D.c.T. a995 - x y v �' 3 N O f PROPOSED PHASE EXISTING PHASE C II DN B Tre Ca WYLIE a N I-� FIRELEASEI EASEMENT VJYLE,Tx 75098 GUTLOOVERNICE Iu575098 ✓V' RG LGV R LOCATION MAP C RB(TY) N7 S. NG NF pp i qa.VI OWNER ENGINEER yes '" �y� i7iiiii/// iiiiiiiii(� YES! COMMUNITIES TRC ENGINEERS, INC. REDWOOD AT THE LAKE 700 HIGHLANDER BLVD. SUITE 210 6'FLExIDLE 1201 ALICIA ANN DRIVE ARLINGTON, TX 76015 1 SHEET 1 BASE WYLIE, TX 75095 T.B.P.E. FIRM REGISTRATION /JF-6632 TYPICAL PAVEMENT SECTION PHONE:972-266-6905 PHONE 817-522-1000 NOT To SCALE CONTACT: TRENT WAGSTAFF CONTACT:JUSTIN THOMAS, P.E. AUGUST 2017 ,.._ ,„rlippp., Airrvitiv 1,01`wir \ .\ ' - Nr44+0 , e - - \ • . , , ,,,v40A.1 i4' . . .. 0 ., ., . 11:41P44P 4 ...„ , . 1 4It) 8 , , . , . ,.,, i,g.,„ ,,,, ', . . .„:•... .../(3,- v A401A&.'d?-0,,'-tti. a ,. , . , , _.,.. Z r-- '',, J '. ', :s.';',% ..• 40A1,40 4:, 4IPOilr (e rw ' r I r: ., m :1' y. !, • .fir¢':'., 1� ,. 10,10414 lilipo. ,.,: • C..) 44 ? ' V1 I to +.. •�.. �,.,.. p, �,.yi ..: : .u...:r........:... ` . : (i. ,: s di .J u:.i.... . • ir**,,..4 �r 1 & eft „, 1 Ir41P#V4:..,..111P?. : 0 ''il. %; 4 .,-,..._., ". .,., .„,,.,:„...dil; mil Q Mill I i M ; 1 01 ,.,„ ,„,.,,.... L. , . • • , „..4._, # . . ,.,,,,..,,,, -:.., ., i a � ` • �.. fl 1 NOTIFICATION REPORT APPLICANT: Craig Schellbach with TAC Engineers, Inc. APPLICATION FILE #2017-06 700 Highlander Blvd#210 Arlington Tx 76015 # BLKIABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Craig Schellbach 700 Highlander Blvd.#210 1 TRC Engineering,Inc_ Arlington,Texas 76015 Mobile Home Estates 1900 16th Street#950 2 Blk A Lot 1 941600000A0010100 Yes Communities, LLC Denver, CO 80202 8214 Westchester Drive#710 3 Abst 725 Tract 8 R-6725-000-0080-1 BPE Phase V, Ltd. Dallas,Texas 75225 8214 Westchester Drive#710 4 Abst 1 1 14 Tract 3 65111431510030000 BPE Phase V,Ltd. Dallas,Texas 75225 8214 Westchester Drive#710 5 Abst 1114 Tract 3.2 65111431510030200 BPE Phase V,Ltd. Dallas,Texas 75225 1900 16th Street#950 6 Abst 1 1 14 Tract 5 65111431510050000 Yes Communities WFC LLC Denver,CO 80202 7 8 9 10 11 I2 13 14 13 14 15