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08-12-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda August 12, 2008 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. August 12,2008 Wylie City Council Regular Meeting Agenda Page 2 of 6 PRESENTATIONS • Summary and Presentation for the Citizens Police Academy. (I Duscio, Police Chief) • Presentation to the Wylie Flyers Track Club Head Coach and Athletes. (R. Diaz, Parks and Recreation Assistant Superintendent) • Presentation of the Wylie Economic Development Corporation FY 2008 — 2009 Budget. (S. Satterwhite, WEDC Executive Director) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the July 22, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Replat for Pointe North Addition 3rd Revision. Subject property located at the North West Corner of Brown Street and Winding Oaks Drive. (R. 011ie, Planning Director) C. Consider, and act upon, a Preliminary Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM544 and Commerce Drive. (R. 011ie, Planning Director) REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2008-30(R) officially naming Wylie's Public Library, within any locality of the city, the Rita and Truett Smith Public Library. (R. Orozco, Library Director) Executive Summary The library staff, Friends of the Library, and the Library Board recommend the official naming of the new library the"Rita and Truett Smith Public Library" in honor of Rita and Truett Smith's dedication to library service in Wylie. Public Hearing 2. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, Section 6.3 as it relates to district boundaries and design standards. (R. 011ie, Planning Director) August 12,2008 Wylie City Council Regular Meeting Agenda Page 3 of 6 Executive Summary The purpose of these revisions is to extend the boundaries of the DTH and redefine better transition points and to establish clear and concise guidelines for new and renovated structures. As time and technology change so must our ordinance as it relates to design and function. However, it is also important to identify those areas that we desire to preserve and maintain to reflect as closely as possible the rich history of Wylie. General Business 3. Consider, and act upon, direction to select the second neighborhood for the Neighborhood Planning,A.C.T.I.O.N. Plan. (R. 011ie, Planning Director) Executive Summary On July 10, 2007 City Council adopted a policy to implement a neighborhood planning program whereas residents and stakeholders are afforded an opportunity to work together in addressing the community's issues by means of Accountable Communities Through the Involvement of Neighborhoods(A.C.T.I.O.N.) Plan. This program encourages community defined plans using a city-guided program, and offers an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. 4. Consider, and act upon, authorizing the City Manager to negotiate a Service Contract with National Sign Plazas the right to design, erect and maintain directional kiosk signs within the city. (R.011ie, Planning Director) Executive Summary By amending the sign ordinance to create a kiosk program, the City has taken a stance on the direction we envision for our streetscape. The program would also generate a revenue stream for the city in that the builders would lease space from National Sign Plazas,and National Sign Plazas in turn would design,erect and maintain all directional kiosk signs within the city. 5. Discuss and consider, and act upon, authorizing the City Manager to enter into a contract, in the amount of $76,500.00, with Halff Associates, Inc. for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. (M. Sferra, Public Services Director) Executive Summary The attached proposal outlines the suggested approach for the project. The effort involves opportunities for a considerable amount of face-to-face public input as well as input from the City Council, Park and Recreation Board,and various stakeholders such as youth,athletic leagues, senior,HOAs, seniors,etc. The proposal also includes a detailed phone survey of 200 Wylie residents selected at random, a needs assessment update, cost and phasing estimates, and preparation of a Final Master Plan report for City Council adoption. 6. Consider and act upon Resolution No. 2008-31(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2008-2009; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. (L. Williamson, Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearing must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate of$.716909,the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 21,2008. A 2"d public hearing is scheduled for August 26, 2008. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the August 12,2008 Wylie City Council Regular Meeting Agenda Page 4 of 6 date, time and place of the meeting at which it will vote on the final proposed tax rate. This meeting must take place no less than three (3) days and no more than fourteen (14)days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 9,2008. 7. Consider, and act upon, Ordinance No. 2008-37 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $100,980, to increase fuel and lubricants accounts as specified in Exhibit A attached; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Executive Summary As everyone is aware motor fuel prices have experienced a major increase during the current budget year. This increase has caused many City departments to be short in their Fuel and Lubricants accounts. These departments lack the funds to finish the current budget year. This amendment is necessary to add additional funds to those accounts specified in Exhibit A. Tabled item from July 22,2008 8. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, Resolution No. 2008- 26(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. (C. Holsted, City Engineer) Executive Summary The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. Tabled item from July 22,2008 9. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, Resolution No. 2008- 27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. (C. Holsted, City Engineer) Executive Summary The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. 10. Consider, and act upon, Resolution No. 2008-32(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County Line. (C. Holsted, City Engineer) Executive Summary The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds August 12,2008 Wylie City Council Regular Meeting Agenda Page 5 of 6 yearly based on the project needs submitted by each city. The improvement to Ballard Avenue include approximately 6,300 linear feet of 4-lane divided concrete roadway with underground storm sewer. 11. Consider, and act upon, approval of an Occupancy Agreement with the Texas Department of Transportation for FM 1378 from FM 544 to FM 2514 (Parker Road). (C. Holsted, City Engineer) Executive Summary The City Manager and staff met with the Texas Department of Transportation on July 28, 2008 to discuss the status of the removal of FM 1378 from the state system. TxDOT indicated that the Texas Transportation Commission will consider the roadway removal on their September or October meeting. The temporary detour around the new City facilities must be constructed prior to the construction of the buildings. TxDOT recommended the approval of an Occupancy Agreement which will allow the City to proceed with the necessary construction until the removal is completed. 12. Consider, and act upon,Resolution No. 2008-33(R) recommending the closure of the median opening located on FM 544 at Regency Drive. (C. Holsted, City Engineer) Executive Summary The development of the retail site located on the south side of FM 544 between McCreary Road and Springwell Parkway requires the installation of multiple turn lanes and traffic signals on FM 544. The Traffic Impact Analysis for the site was submitted to TxDOT on October 15, 2007. In subsequent meetings, TxDOT indicated that the median opening at Regency Drive must be closed to allow for the extension of Springwell Parkway south of FM 544 and the installation of the traffic signal at this location. Springwell Parkway will be constructed south, as shown on the attached plans, past Capital Street to provide additional access to properties on Regency Drive. 13. Consider, and act upon authorizing the Mayor to execute a water line easement to the North Texas Municipal Water District for the Wylie to Plano 14-inch waterline relocation project. (C. Holsted, City Engineer) Executive Summary The North Texas Municipal Water District(NTMWD) operates a 14-inch water pipeline generally located along the west side of FM 1378 from FM 544 to Brown Street. The existing pipeline will be in conflict with the proposed City facilities as well as portions of the future reconstruction of FM 1378. The line must be constructed and in service prior to the start of construction of the new City buildings. On February 12, 2008, Council approved an interlocal agreement with NTMWD to relocate the 14-inch water line. NTMWD has awarded a construction contract and is ready to begin the relocation. The water line will be located outside of the road right of way as outlined in the attached easement. 14. Consider, and act upon, approval and final acceptance of the Parking Improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, Railroad Addition and authorize final payment, in the amount of $26,392.91, to Quality Excavation,Ltd. and accept the project as complete. (C. Holsted, City Engineer) Executive Summary On May 13, 2008, a construction contract was awarded to Quality Excavation in the amount of $106,060.60 for parking lot improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, of the Railroad Addition. The improvements include the construction of a concrete drive aisle and nine parking spaces at Joel Scott Memorial Park. The Railroad Addition improvements located on Jackson Street include the construction of thirty-two parking spaces. 15. Consider, and act upon, Ordinance No. 2008-38 amending Ordinance No. 2005-77 authorizing the City Manager to execute any and all documents, agreements, and contracts approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved August 12,2008 Wylie City Council Regular Meeting Agenda Page 6 of 6 expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $50,000.00 without further requirements or authorizations. (J. Butters, Assistant City Manager) Executive Summary The current Ordinance No. 2005-77 authorizes the City Manager to execute contracts and/or authorize purchases up to $5000.00. This ordinance was adopted in December of 2005. Expanding the City Managers authority to$50,000 is consistent with State purchasing law,and is much more realistic,as far as staff being able to accomplish objectives in a timely fashion. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certi that this Notice of Meeting was posted on this 8`h day of August, 2008 at 6:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: August 12, 2008 Item Number: Presentation Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 6, 2008 Budgeted Amount: Exhibits: Subject Presentation to Ty Davis, Head Coach, and athletes from the Wylie Flyers Track Club for their participation in the State T.A.A.F. Games and their efforts from this past 2008 summer track season. Recommendation N/A Discussion The Wylie Flyers Track Club is a program sponsored by the City of Wylie Recreation Division. The club began participating in the summer Regional Texas Amateur Athletic Federation (T.A.A.F.) meets in 2003. Ty Davis and his family have been involved with the program since its inception. Ty has volunteered many hours to working with kids from elementary to high school age developing their skills and preparing them for higher level track programs. Ty works with a great group of volunteer coach's and City staff to create an excellent program for the children of Wylie. Scott Ames, track parent, wrote the following about Ty and the program: "Nine of the 11 athletes who qualified for state received medals or ribbons for their efforts. Four athletes earned honors in multiple events. A great representation for the City of Wylie. This is a great program that the City sponsors and we are very lucky to have Coach Ty Davis. During the summer, Coach Davis spends Monday through Thursday from 6:00 pm to 8:00 pm coaching and training about 60 youths ranging in age from 6 years old to about 17 years old. At the track meets each Saturday, he cheers on every competitor in every event. Even though the temperature may be soaring around 100 degrees or more,you will never see Coach Davis taking a break, he is constantly coaching his team. I would personally like to thank the City for sponsoring this program; my two sons have competed in track and field events for the last two years and love the program. It is great to see children of all age's bond together and help and cheer each other on. When a high school age athlete runs along a 6 or 7 year old, telling them "you can do it" is truly something special to see." Page 1 of 2 Page 2 of 2 Because of Mr. Davis efforts, Mr. Davis will be presented a plaque by the Mayor. The athletes who participated at the State T.A.A.F. Games (and in attendance at the meeting) will also be presented their Wylie Flyers Track Club participation medals by the Mayor. Approved By Initial Date Department Director MS/' 8/ /08 City Manager S 10` f � Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 8-12-08 Item Number: Presentation Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 8-1-08 Budgeted Amount: Exhibits: 2 Subject Presentation of the Wylie Economic Development Corporation FY 2008 —2009 Budget. Recommendation N/A—As a Component Unit of the City of Wylie, the Council will formally approve the WEDC Budget as part of the overall City Budget. Discussion As considered by its Board of Directors on July 18, 2008, the FY 2008 —2009 WEDC Budget is presented for Council's review. In line with Finance Department estimates, sales tax is projected at $1.3 million. Assuming a 5% gain for the balance of the fiscal year, WEDC sales tax receipts for FY 2007 — 2008 are projected at $1.26 million resulting in a conservative estimate for FY 2008 — 2009 of a 3.4% gain over prior year. Other revenue sources include $108,400 in rental income from WEDC properties on Industrial Court and $10,000 in interest earnings. As well, the WEDC will begin FY 2008 —2009 with an estimated $456,221 cash reserve. The WEDC has budgeted for $1,875,821 in expenses. Of total expenses budgeted, Personnel Services represents 13%, Operating 4%, Travel & Recruitment 2%, Advertising & Community Development 5%, Debt Service 18%, Land Acquisition 21%, and Incentives & Related Expenditures 37%. Of the three core components within the WEDC Budget, Land Acquisition, Debt Service, and Incentives represent 76% of the proposed expenditures for FY 2008—2009. While the WEDC utilizes a zero based budget strategy, a great deal of latitude is built into the WEDC budget to react to relocation/expansion projects. For example, while the WEDC anticipates acquiring additional land in pursuit of existing redevelopment strategies, those monies could be shifted to a project requiring significant up front capital. Further exemplifying flexibility within the WEDC budget, with Council approval a minimum of $725,000 could be reallocated to an individual project worthy of that level of investment. Additionally, the WEDC utilizes properties within Premier Plaza and Premier Industrial Park as an incentive to industrial relocation/expansions. Approved By Initial Date Department Director SS 8-1-08 City Manager urn � Page 1 of 1 7-3,-2008 03:23 PM CITY OF WYLIE PAGE: 1 PROPOSED BUDGET WORKSHEET AS OF: JULY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP REVENUES ( 2007-2008 ) ( 2008-2009 ) 2004-2005 2005-2006 2006-2007 CURRENT Y-T-D PROJECTED REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL YEAR END BUDGET BUDGET (D£CR.) TAXES 4000-40210 SALES TAX 885,608 1,098,726 1,188,150 1,300,000 805,762 1,257,340 1,300,000 0.00 TOTAL TAXES 885,608 1,098,726 1,188,150 1,300,000 805,752 1,257,340 1,300,000 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0 0 0 0 0 0 0 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 0 11,694 20,050 9,000 7,638 10,040 10,000 11.11 4000-46140 TEXPOOL INTEREST 5,418 4,026 0 0 0 0 0 0.00 4000-46143 LOGIC INTEREST 338 216 0 0 0 0 0 0.00 4000-46210 BANK MONEY MARKET INTEREST 9,380 6,791 0 0 0 0 0 0.00 TOTAL INTEREST INCOME 15,136 22,727 20,050 9,000 7,638 10,040 10,000 11.11 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 0 10,814 62,993 62,400 61,603 74,400 108,400 73.72 4000-48310 RECOVERY - PRIOR YEAR EXPEND 0 0 5,486 0 0 0 0 0.00 4000-48410 MISC INCOME 32 16,093 4,300 0 2,505 2,810 1,200 0.00 4000-48430 GAIN ON SALE OF PROPERTY ( 279,301) 0 2,991 0 0 0 0 0.00 TOTAL MISCELLANEOUS INCOME ( 279,269) 26,908 75,770 62,400 64,108 77,210 109,600 75.64 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0 0 165,000 0 0 0 0 0.00 4000-49325 BANK NOTE PROCEEDS 0 340,000 0 0 488,750 488,750 0 0.00 TOTAL OTHER FINANCING SOURCES 0 340,000 165,000 0 488,750 488,750 0 0.00 TOTAL REVNEUES 621,475 1,488,360 1,448,970 1,371,400 1,366,258 1,833,340 1,419,600 3.51 • 7-31-2008 03:23 PM CITY OF WYLIE PAGE: 2 PROPOSED BUDGET WORKSHEET AS OF: JULY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES ( 2007-2008 ) ( 2008-2009 ) 2004-2005 2005-2006 2006-2007 CURRENT Y-T-D PROJECTED REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL YEAR END BUDGET BUDGET (DECR.) PERSONNEL SERVICES 5611-51110 SALARIES 110,428 119,486 154,665 170,922 146,886 170,922 182,722 6.90 5611-51130 OVERTIME C 0 0 0 0 0 0 0.00 5611-51140 LONGEVITY PAY 428 475 580 680 676 680 770 13.24 5611-51145 SICK LEAVE BUYBACK 992 1,288 1,181 1,799 1,799 1,799 1,900 5.61 5611-51160 CERTIFICATION INCENTIVE 0 0 0 0 0 0 0 0.00 5611-51170 PARAMEDIC INCENTIVE 0 0 0 0 0 0 0 0.00 5611-51210 CAR ALLOWANCE 8,432 8,400 8,400 9,100 7,500 9,131 11,320 24.40 5611-51220 PHONE ALLOWANCE 0 0 57 2,976 2,461 2,919 2,976 0.00 5611-51230 CLOTHING ALLOWANCE 0 0 0 0 0 0 0 0.00 5611-51310 TMRS 12,003 11,703 14,619 16,609 11,236 16,609 18,992 14.35 5611-51410 HOSPITAL & LIFE INSURANCE 10,063 11,751 16,516 14,955 16,720 18,288 15,870 6.12 5611-51420 LONG-TERM DISABILITY 340 348 430 974 405 589 1,040 6.78 5611-51440 FICA 5,720 6,152 8,248 10,990 6,342 10,224 11,820 7.55 5611-51450 MEDICARE 1,692 1,813 2,324 2,679 1,895 2,792 2,900 8.25 5611-51470 WORKERS COMP PREMIUM 589 379 412 548 548 0 490 ( 10.58) 5611-51480 UNEMPLOYMENT COMP (TWC) 27 462 90 540 198 0 540 0.00 TOTAL PERSONNEL SERVICES 150,713 162,258 207,522 232,772 196,647 233,953 251,340 7.98 SUPPLIES 5611-52010 OFFICE SUPPLIES 741 6,631 4,900 15,000 12,72.6 14,225 9,000 ( 40.00) 5611-52040 POSTAGE 457 128 407 2,220 620 820 2,220 0.00 5611-52130 TOOLS & EQUIPMENT 0 0 0 0 0 0 0 0.00 5611-52810 FOOD SUPPLIES 4,053 1,007 3,595 6,300 5,011 5,300 6,300 0.00 5611-52990 OTHER 0 277 0 0 0 0 0 0.00 TOTAL SUPPLIES 5,252 8,042 8,902 23,520 18,356 20,345 17,520 ( 25.51) MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0 160 0 0 0 0 0 0.00 5611-54810 COMPUTER HARD/SOFTWARE 0 2,525 1,890 3,000 1,413 3,000 3,000 0.00 5611-54990 OTHER 0 5,463 108 0 0 0 0 0.00 TOTAL MATERIALS FOR MAINTENANC 0 8,148 1,998 3,000 1,413 3,000 3,000 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 477,170 797,089 134,492 254,155 51,450 112,450 543,509 113.85 5611-56040 SPECIAL SERVICES 156,614 53,888 147,076 39,471 29,717 32,971 36,995 ( 6.27) 5611-56080 ADVERTISING 13,474 23,594 37,641 35,000 33,214 35,000 44,735 27.81 5611-56090 COMMUNITY DEVELOPMENT 23,239 27,789 39,760 53,291 43,883 48,291 56,963 6.89 5611-56110 COMMUNICATIONS 1,677 4,131 5,939 4,450 2,461 3,050 3,060 --( 31.24) 5611-56180 RENTAL 0 3,154 17,548 17,600 14,044 17,600 19,500 10.80 5611-56210 TRAVEL AND TRAINING 1,991 9,359 16,552 29,128 11,889 19,128 33,279 14.25 5611-56250 DUES & SUBSCRIPTIONS 5,131 5,550 7,762 6,280 6,877 6,880 7,733 23.14 5611-56310 INSURANCE 303 1,436 303 2,500 303 2,500 2,500 0.00 5611-56510 AUDIT AND LEGAL SERVICES 20,325 10,653 11,148 22,560 19,649 22,560 22,560 0.00 5611-56570 ENGINEERING - ARCHITECT SvCS 0 4,170 70,013 28,000 7,573 18,000 28,000 0.00 5611-56610 UTILITIES - ELECTRIC 0 1,274 4,096 4,000 2,484 4,000 4,000 0.00 TOTAL CONTRACTUAL SERVICES 699,924 942,087 492,329 496,435 223,543 322,430 802,834 61,72 7-31-2008 03:23 PM CITY OF WYLIE PAGE: 3 PROPOSED BUDGET WORKSHEET AS OF: DULY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES ( 2007-2008 ) ( 2008-2009 ) 2004-2005 2005-2006 2006-2007 CURRENT Y-T-D PROJECTED REQUESTED PROPOSED 9c INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL YEAR END BUDGET BUDGET (DECR_) DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 129,62: 205,430 245,555 297,198 243,640 297,198 274,501 ( 7.64) 5611-57710 BAD DEBT EXPENSE 0 0 0 0 17 0 0 0.00 TOTAL DEBT SERVICE E. CAP_ REPL 129,621 205,430 245,555 297,198 243,657 297,198 274,501 �-( 7.64) CAPITAL OUTLAY 5611-58110 LAND 223,545 0 165,931 481,250 218,958 243,958 400,000 ( 16.88) 5611-58120 DEVELOPMENT FEES 0 5,995 25,000 0 0 0 0 0.00 5611-58210 STREETS & ALLEYS 324,688 0 485,183 0 0 0 52,300 0.00 5611-58810 COMPUTER HARD/SOFTWARE 553 2,661 0 1,500 1,351 1,351 3,000 100.00 5611-58830 FURNITURE & FIXTURES 0 7,880 7,053 6,000 5,524 6,000 5,000 ( 16.67) 5611.58995 CONTRA CAPITAL OUTLAY 0 0 ( 155,000) 0 ( 162,264) 0 0 0.00 TOTAL CAPITAL OUTLAY 548,786 16,536 528,167 488,750 63,570 251,309 460,300 ( 5.82) OTHER FINANCING ;USES) 5611-59111 TRANSFER TO GENERAL FUND • 12,000 9,523 25,442 86,768 66,326 86,768 66,326 ( 23.56) 5611-59990 PROJECT ACCOUNTING 0 0 0 0 0 0 0 0.00 TOTAL OTHER FINANCING (USES) 12,000 9,523 25,442 86,768 66,326 86,768 66,326 ( 23.56) TOTAL DEVELOPMENT CORD-WEDC 1,546,295 1,352,024 1,509,914 1,628,443 813,512 1,215,003 1,875,821 15.19 TOTAL EXPENDITURES 1,546,295 1,352,024. 1,509,914 1,628,443 813,512 1,215,003 1,875,821 15.19 REVENUE OVER/(UNDER) EXPENDITURES ( 924,820) 136,336 ( 60,944) ( 257,043) 552,746 618,337 ( 456,221) 77-49 *** END OF REPORT *** WYLIE ECONOMIC DEVELOPMENT CORPORATION FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET PROJECTED PROPOSED 2006-2007 2007-2008 2007-2008 2008-2009 BEGINNING AVAILABLE BALANCE $ 387,578 $ 282,961 $ 326,634 $ 456,221 REVENUES: Sales Taxes 1,188,150 1,300,000 1,257,340 1,300,000 Interest Revenues 20,050 9,000 10,040 10,000 Miscellaneous Income 75,770 62,400 77,210 109,600 Other Financing Sources 165,000 - - - TOTAL REVENUES 1,448,970 1,371,400 1,344,590 1,419,600 TOTAL AVAILABLE RESOURCES 1,836,548 1,654,361 1,671,224 1,875,821 EXPENDITURES: Development Corporation 1,484,472 1,541,675 1,128,235 1,809,495 Transfers to Other Funds 25,442 86,768 86,768 66,326 TOTAL EXPENDITURES 1,509,914 1,628,443 1,215,003 1,875,821 ENDING AVAILABLE BALANCE $ 326,634 $ 25,918 $ 456,221 $ - Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 22, 2008 —6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Hogue called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, and Councilman Merrill Young. Mayor Pro Tern Red Byboth and Councilman Rick White were absent. Staff present were: City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, John Duscio; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Merrill Young gave the invocation. Councilman Goss led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present 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 from the July 8, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) Minutes—July 22, 2008 Wylie City Council Page 1 B. Consider, and act upon, Ordinance No. 2008-33 adopting new sign regulations for the City of Wylie; repealing Ordinance No. 2003-14; providing for a penalty for the violation of this ordinance; providing for a repeal of all ordinances in conflict; providing for a severability clause; providing for an effective date; and providing for the publication of the caption hereof. (R. 011ie, Planning Director) C. Consider, and act upon, Ordinance No. 2008-34 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $53,122.35, for right-of-way acquisition for McCreary Road. (C. Hoisted, City Engineer) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of June 30,2008. (L. Williamson, Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30, 2008. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Pro Tem Byboth and Councilman White absent. REGULAR AGENDA General Business 1. Consider, and act upon, authorizing the City Manager to execute a contract for audit services with Weaver and Tidwell L.L.P. for Fiscal Year 2007-2008. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the audit involves the examination of the City's general-purpose financial statements in order to provide reasonable assurance that the City's financial condition is accurately stated. The audit also addresses the City's internal control structure and compliance with various policies, laws and regulations. The City is required to engage an outside auditor annually per the City's Charter. Rotation of outside auditors is considered good business practice and is recommended in the City's Financial Management Policies Manual. He explained that in looking for an auditing firm, a number of criteria were established. First, there was the desire to use a bigger firm. He noted that with the greater resources that a large firm would command, he hoped to complete the audit much earlier than in the past and get a more detailed look at the City's overall internal controls and policies. Secondly, there were a couple of large pronouncements from the Governmental Accounting Standards Board (GASB) this year that will need some special attention. He reported that when staff began the process to request proposals, it was determined that there were a limited number of firms which perform Governmental Auditing work. Staff contacted the City's financial analyst David Medanich of First Southwest, who recommended Weaver and Tidwell out of Fort Worth. Minutes—July 22, 2008 Wylie City Council Page 2 He reported that their client list includes Addison, McKinney, Grand Prairie, and Frisco to name a few. The firm has 60 employees and specializes in Governmental Accounting. He noted that the firm met all of the City's criteria, and staff was recommending Weaver and Tidwell L.L.P. to serve as our outside auditors for FY 2007-2008. Mr. Williamson reported the cost of the audit for Fiscal Year 2007-2008 will not exceed $50,000 unless unanticipated circumstances require additional work. Auditors Comments Mr. Jerry Gaither, Director of Audits for the Dallas office and residing at 143 Manchester Lane, Coppell, Texas addressed Council stating that the firm had been in business since 1950. He reported that local government was a main focus of the firm's practice. Five members of the local office are Government Finance Officers Association (GFOA) Special Review Committee members. Mr. Gaither stated that he was very excited to allow his firm to audit the City of Wylie, if approved by Council. Mayor Hogue asked how many offices the firm had. Mr. Gaither reported there were three offices: Fort Worth, Dallas, and Houston. He noted there are 150 staff in the Dallas office which handles the majority of governmental work. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to authorize the City Manager to execute a contract for audit services with Weaver and Tidwell L.L.P. for Fiscal Year 2007-2008. A vote was taken and passed 5-0 with Mayor Pro Tem Byboth and Councilman White absent. 2. Consider, and act upon, Ordinance No. 2008-35 authorizing the issuance of"City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2008"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the city has solicited completive bids for $15,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2008." Bids been opened at 11:00 am. today. The winning bidder that is recommended tonight, based on the lowest true interest cost to the City, is UBS Securities LLC. He reported that the proceeds of these Certificates will be used to complete funding on the City's new Library, City Hall, and Recreation Center. Council Discussion David Medanich representing First Southwest Company addressed Council stating that there were two bond sales completed today by secure phone access. He noted that the City of Wylie, in a down market, was raised from an A rating to an A+ rating by Standard & Poor's Rating Group. He noted that this upgrade showed the positive direction the City was headed. He reported the participation in the Dallas- Fort Worth, Texas metropolitan statistical area (MSA) labor market, strong wealth of income levels, and a very strong financial position were the key factors in determining this upgrade in rating to the City. He stated that First Southwest Company was very pleased the City had received this higher rating. Minutes—July 22, 2008 Wylie City Council Page 3 Mr. Mendich indicated that the cost of Bond Insurance was not cost effective because the premiums asked for by the Insurance Companies were more than the present value of the interest differential between where the city's bonds would trade with insurance and where they would trade with out insurance. He reported that the interest results calculated for presentation tonight included this calculation into the"true" interest cost by each bidder. He reported that the true interest cost for UBS Securities, LLC was 4.855131% and Citigroup Global Markets Inc. was 5.010864%. He stated that First Southwest LLC was recommending the City award the sale to UBS Securities. Council Action A motion was made by Councilman Goss, seconded by Councilman Young to approve Ordinance No. 2008-35 authorizing the issuance of "City of Wylie, Texas, Combination Tax and Revenue certificates of Obligation, Series 2008"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and related to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. A vote was taken and passed 5-0 with Mayor Pro Tern Byboth and Councilman White absent. 3. Consider, and act upon, Ordinance No. 2008-36 authorizing the issuance of"City of Wylie, Texas, General Obligation Bonds, Series 2008"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the city had solicited completive bids for $38,625,000 City of Wylie, Texas General Obligation Bonds, Series 2008. Bids which were opened at 11:00 a.m. today. The winning bidder was selected based on the lowest true interest cost to the City; UBS Securities, LLC is the recommended bid for City Council consideration. He reported that the proceeds of this bond sale will be used to fund construction of Projects approved by the voters on November 8, 2005. He noted that the Library was not included, due to the library bonds being sold in 2006. Three companies submitted proposals which included: UBS Securities, LLC at 4.859398%; Robert W. Baird & Co. Inc. at 4.875384%, and Citigroup Global markets, Inc. at 5.011899%. All percentage rates were calculated on true interest costs. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve Ordinance No. 2008-36 authorizing the issuance of "City of Wylie, Texas, General Obligation Bonds, Series 2008"; specifying the terms and features of said bonds' levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Minutes—July 22, 2008 Wylie City Council Page 4 Official Statement; and providing an effective date. A vote was taken and passed 5-0 with Mayor Pro Tem Byboth and Councilman White absent. PRESENTATION • CIP Bond Program — Public Art Plan. (C. Ehrlich, City Secretary/PAAB Board Liaison) Staff Comments City Secretary Ehrlich addressed Council stating that Ordinance No. 2006-37, Section 14 (c), designates that the board, through its chairperson, shall make both an oral and written report annually to the City Council concerning its activities during the past year and its proposals for the coming year. She reported that the Public Arts Advisory Board Chair, Stewart Matthews was present to address Council regarding the projects planned in the coming year. Presentation Public Arts Advisory Board chair Stewart Matthews addressed Council stating that the purpose of the briefing presentation was to provide background information on the City of Wylie Public Art Program, to present the Public Art Plan for 2008 & 2009, and recommend some of the projects to be completed within that timeframe. He explained the Wylie Public Art Program goals were to acquire beautiful, interesting, and sometimes fun, works of art for public places in Wylie; increase tourism and economic vitality through enhancement of public spaces and to encourage public and private art programs, and to further the development and awareness of and interest in the design work of artist into the development of the City's capital infrastructure improvements. He reported the program will partner with citizen driven events and fund raisers, school participation, and employee participation to "Enliven the Arts" through these joint efforts. He explained that one (1%) percent of eligible capital projects will be used for public art which will be calculated on all CIP projects, excluding the underground infrastructure projects. The calculations will be based on the pre-design, design, and construction costs for the projects less the land acquisition, demolition, furniture, fixtures, and equipment, and library books. He reported that the public art funds can be used for design services of the artists, for the selection, acquisition, commissioning, and display of artworks. Artworks must be of a permanent nature and may be integral to the architecture or incorporated into the capital improvement project but must be created by an artist commissioned for that purpose. Administrative expenses include costs related to project administration such as artist's selection costs; design, drawing and Marquette costs; architect's fees when collaboration is involved; identifying plaques, and documentation. Mr. Matthews noted that all projects required presentation and approval by the City Council. PAAB Chair Matthews reviewed with City Council all qualifying CIP projects and the recommended six major projects the board initially wished to complete. Mayor Hogue asked chair Matthews what type of art the board was focusing toward. Mr. Matthews explained that art could be in many different places such as the exteriors and interiors of municipal facilities, parks, streets, and other public places. The art material could in some cases be murals, paintings, bronze, marble, and other materials of the artist's choice. They Minutes—July 22, 2008 Wylie City Council Page 5 could be integrated into the design of the facility or stand alone as interactive or visual pieces. He noted that all proposed art would first be finally approved by the City Council. Councilman Young asked about the insurance and maintenance fees. He asked if money was appropriated for future costs for these areas. Mr. Matthews replied that the art selection panel would review the art proposals in relation to the costs of upkeep and other maintenance issues and weigh that with the specific funds allocated for the project when selecting the art. PAAB liaison Ehrlich explained that the policies and procedures set forth the requirement to set aside 10-15% of the total appropriation for a project for the maintenance and upkeep of the art. Councilman Goss commented that he had sat in on half of the most recent PAAB meeting and reported that he was amazed at the interaction between the members and ideas that were being discussed during the meeting. He noted that he believed this would be a very exciting board. 4. Consider, and act upon, approving the one (1%) percent for art funding for the Fire Station #3 Project, the New Wylie Municipal Complex Projects, the Community Park Project, and the Founder's Park Project. (C. Ehrlich, City Secretary/PAAB Board Liaison) Staff Comments City Secretary Ehrlich addressed Council stating that Ordinance No. 2006-37 established the Public Art Program and created the Public Arts Advisory Board. The duties of the Public Art Advisory Board are among other things, to oversee the public arts program and act in an advisory capacity to the City Council. She reported that six major projects and related costs are being presented for Council approval. She explained that these are the six major projects the board will complete initially. Other qualifying CIP bond projects not addressed tonight will be brought back at a later date. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Porter to approve the one (1%) percent for Public Art funding pursuant to Ordinance No. 2006-37 as follows: Fire Station#3 Project $ 34,625 Recreation Center $151,417 Community Park Project $ 14,625 Founders Park Project $ 54,700 City Hall Facilities $132,116 Library Facilities $119,276 A vote was taken and passed 5-0 with Mayor Pro Tern Byboth and Councilman White absent. 5. Consider, and act upon, Resolution No. 2008-26(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. He noted the Interlocal Agreement had not been finalized by the County for Council Minutes—July 22, 2008 Wylie City Council Page 6 approval and recommended tabling the item until the next regular City Council meeting scheduled for August 12, 2008. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to table consideration of Resolution No. 2008-26(R) to the August 12, 2008 City Council Meeting. A vote was taken and passed 5-0 with Mayor Pro Tem Byboth and Councilman White absent. 6. Consider, and act upon, Resolution No. 2008-27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. He noted the Interlocal Agreement had not been finalized by the County for Council approval and recommended tabling the item until the next regular City Council meeting scheduled for August 12, 2008. Council Action A motion was made by Councilman Young, seconded by Councilman Goss to table consideration of Resolution No. 2008-27(R) to the August 12, 2008 City Council Meeting. A vote was taken and passed 5-0 with Mayor Pro Tern Byboth and Councilman White absent. 7. Consider, and act upon, authorizing the WEDC to purchase a 0.406 acre tract on Cooper Drive, in the amount of$57,477.42, from the Kansas City Southern Railway Company. (S. Satterwhite, Executive Director WEDC) Staff Comments WEDC Executive Director Sam Satterwhite addressed Council stating that a contract between the WEDC and the Kansas City Southern (KCS) Railway Company was executed and receipted by Commonwealth Land Title on June 30, 2008. The contract formalizes the WEDC's intent to purchase a 0.406 acre tract owned by the KCS located on Cooper Drive. The tract was originally purchased by KCS on February 24, 1999 in connection with a new rail line being developed to intersect F.M. 544 and reconnect with the main line to Zach Junction in Garland. Mayor Hogue asked if this parcel had been review by the WEDC Board. Mr. Satterwhite replied that it had been approved unanimously by the WEDC Board. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to authorize the WEDC to purchase a 0.406 acre tract on Cooper Drive, in the amount of $57,477.42, from the Kansas City Southern Railway Company. A vote was taken and passed 5-0 with Mayor Pro Tern Byboth and Councilman White absent. Minutes—July 22, 2008 Wylie City Council Page 7 8. Consider, and act upon, Resolution No. 2008-28(R) authorizing the City Manager to execute a Standing Steering Committee Participation Agreement and designate a representative of the City to serve on the Steering Committee of cities served by Oncor Electric Delivery Company. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the Steering Committee is the largest coalition of cities served by Oncor Electric Delivery Company. There are more than 100 member cities, representing 80+ percent of the total load served by Oncor. The Steering Committee is the most active consumer group advocating the interests of cities and residential and small commercial customers within cities to keep wires rates reasonable. Most cities have original jurisdiction over the electric transmission and distribution rates Oncor charges all customers within city limits. Because Oncor has no competitors, regulation of the rates that it charges its customers is the only way that cities can ensure that transmission and distribution rates, which make up about twenty percent of the total electric bill, are fair. Working as a coalition to review the rates charged by Oncor allows cities to accomplish more collectively than each city could do acting alone. Steering Committee membership is open to all cities, regardless of whether original jurisdiction has been retained. City Manager Manson reported that with the Atmos steering committee, the City Manager had served as the City's representative. These meetings are generally conducted by conference call due the large service area. Mayor Hogue asked if most member cities had the City Manager as the committee representative. Ms. Manson replied all cities that she was aware of were represented by their City Managers. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve Resolution No. 2008-28(R) authorizing the City Manager to execute a Standing Steering Committee Participation Agreement and designate City Manager Manson to serve on the Steering Committee of cities served by Oncor Electric Delivery Company. A vote was taken and passed 5-0 with Mayor Pro Tern Byboth and Councilman White absent. 9. Consider, and act upon, Resolution No. 2008-29(R) of the City of Wylie suspending the August 8, 2008 Effective Date Of Oncor Electric Delivery Company Requested Rate Change to permit the City time to study the request and to establish reasonable rates; Approving cooperation with Oncor Cities Steering Committee to hire Legal and Consulting Services and to negotiate with the company and direct any necessary litigation and appeals; Finding that the meeting at which this Resolution is passed is open to the public as required by law; Requiring notice of this Resolution to the Company and Legal Counsel for the Steering Committee. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) The Company asks the City to approve and 17.6% increase in residential rates, a 9.1% increases in commercial rates, and a 5.8% increase in street lighting rates. Minutes—July 22, 2008 Wylie City Council Page 8 According to Oncor, annual rates would increase by approximately $60 for an average residential customer. Ms. Manson explained that by taking action to suspend the rate increase, the member cities and steering committee had 90 days to review the submissions and determine if this was a reasonable rate increase. Councilman Goss asked if the item would come back to Council in some form. Ms. Manson replied that the rate case would come back to Council within the 90 day period. In the past this suspension resulted in a lower rate offered by Oncor. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve Resolution No. 2008-29(R) suspending the August 8, 2008 Effective Date of Oncor Electric Delivery Company requested rate change to permit the City time to study the request and to establish reasonable rates; Approving cooperation with Oncor Cities Steering Committee to hire Legal and Consulting Services and to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this Resolution is passed is open to the public as required by law; Requiring notice of this Resolution to the Company and Legal Council for the Steering Committee. A vote was taken and passed 5-0 with Mayor Pro Tem Byboth and Councilman White 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 2008-33, 2008-34, 2008-35, and 2008-36 into the official records. WORK SESSION • Discussion related to the potential relocation of Water Deliver Point#1. (C. Hoisted, City Engineer) City Engineer Hosted addressed Council stating that several years ago the City updated their Water Improvements Plan as part of the Impact Fee update. This update identified needed water lines as well as improvement to the delivery points that would need to be completed within the next ten years. Since that time the City has compiled a 5 year bond improvement program at a total of 7.75 million dollars for these improvements. Mr. Hoisted explained that the City currently services three delivery points for water. Delivery Point No. 1 located at the North Texas Municipal Water District Treatment Plant No. 1, Nortex Pump Station, and the Newport Harbor Pump Station. He reported the submission by the City to increase the distribution of water at the NTMWD Point No. 1 delivery from 2.9 million gallons per day to approximately 5.0 million gallons per day. North Texas Municipal Water District requested the City install an air gap in order to increase the delivery at this point, and as required by the Texas Commission on Environmental Quality. Mr. Hoisted reported that he contacted Mr. Joe Carter, P.E. of Birkhoff, Hendricks and Conway, L.L.P., the City's consulting engineers. They responded that TCEQ Regulations do not require an air gap for this installation because there is no actual or potential contamination hazard present. They noted significant additional costs of approximately $2,021,000 and sophisticated control equipment and operations necessary to provide an air gap. The control equipment and operation would require constant coordination of operations between the City and NTMWD. He reported that NTMWD was offering a small reimbursement of costs related to the required air gap. Mr. Joe Carter addressed Council stating that after a thorough analysis of the issue, he was presenting three options for future delivery points with increased demand for water delivery. Minutes—July 22, 2008 Wylie City Council Page 9 Option 1 — Upgrade the NTMWD Pump Station and provide an air gap as required by NTMWD ($4,670,000) Option 2—Construct a new pump station facility on East Brown Street($5,620,000) Option 3— Increase the Nortex Pump Station facility capacity to 19.73 MGD ($6,350,000) Mr. Carter reported that the lowest cost alternative would be to continue to operate a pump station at the NTMWD treatment plant; however, there are significant operational problems and TCEQ requirement issues associated with this alternative due to the lack of storage available. TCEQ has stated that the storage at the NTMWD Plant could not count toward the City of Wylie total. This would require ground storage at other sites to be increase to meet TCEQ System criteria. He stated that he would recommend the East Brown Street Pump Station be constructed if sufficient funds can be made available. NTMWD has stated that they could provide 10 MGD supply in the proposed location. The East Brown Street Pump Station offers the most flexibility and redundancy to the City of Wylie along with the best potential for expansion to serve areas east and southeast of the current CCN. He reported that the Nortex Pump Station option was the most costly to the City of Wylie and does not offer redundancy in water supply or much potential to expand service areas. Direction from Council was to further investigate the options for Delivery Point #1 and to meet with NTMWD staff to discuss. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into regular session at 7:43 p.m. ADJOURNMENT With no further business before Council, Councilman Porter, made a motion to adjourn the meeting at 7:45 p.m. Councilman Goss made the second. A vote was taken and passed 5-0 with Mayor Pro Tern Byboth and Councilman White absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 22, 2008 Wylie City Council Page 10 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: 07/23/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Replat for Pointe North Addition 3rd Revision. Subject property located at the North West Corner of Brown Street and Winding Oaks Drive. Recommendation Motion to approve a Replat for Pointe North Addition 3rd Revision. Subject property located at the North West Corner of Brown Street and Winding Oaks Drive. Discussion The applicant is proposing a Replat of Block E of the Pointe North Addition 2nd Revision. This revision is to shift the common center line approximately 77 feet to the east for the future development of lot 58R-4 and also dedicates a ten (10) foot right-of-way along Brown Street. BACKGROUND The original plat was approved in 1984 and consisted of 153 residential lots and two commercial lots as part of the overall development of the Pointe North Addition Phase I. A Replat of lot 58 was approved in order to separate the commercial tract from the residential subdivision in 1988. Again, in 2000 a Replat to divide lot 58 into two separate lots was approved as the 1st Revision of Block E, Lot 58R to accommodate the construction for a day care on lot 58R-1. The 2nd revision of the plat simply shifted the center lot line one foot to the east. This 3rd Revision creates a lot feasible for the development of a commercial site for a medical office use. No site plan has been submitted at this time for Lot 58R-4. PLANNING & ZONING COMMISSION DISCUSSION The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 7-0 to recommend approval. Approved By Initial Date Department Director RO 7/2 /08 City Manager Page 1 of 1 • • SURVEYOR'S CERTIFICATE •ACCEPTED• OWNER'S DEDICA110N y MIS is to certify that I,HDGII E.PEIYR,a Reryslwatl Professional LmG Surveyor Ice s, WHEREAS Larry antl Km pay.acl'nq as the MI authorized agents atl/w representatives of Bg Top.tic., /' eve platted the above wbdivis.from an actud survey m G e ground,and that this plat State ere Mayor Oote and Randy Marne.acting es the duly authorized agent antl/«representative of Athenian,LLC,ars the sae h presents that survey made ma o under m drectkn m suDrNsbn Cllr of My, owners'a a 3..a n tract of lend situated in 4 O.W.p Abstract 1021,in the City of o W - PRELIMINARY „Ir emu °:r,o7.Den F"I'aRRPDrry wnao9Es • a oral n e, cur sew.t« t<cR WHk,Collin Canty,Taws,and being oil of lots 58R-1,anal UR-2,Block E.of a North A.M.2na q y of y of Wylie.Texas,hreby cerMles that the FINAL RAT of ReNsion, amnia to the City of WAIs.Cahn County. p aaang to the plot thereof recorded in HMGII E.O.36 POIME NORTH ADDITION 3RD REVISION toNegCity lien ale we submit.to the City Council on the__ Cabin,t N,P,e 723,of the Plat Records of On n County.Texas,and being a tract of lad conveyed to Big 0 S R.P.LS N0.3680 as y streets.above sub emen an t 4 n octwwer and sho ncap.ands M1s h in en ion,nub 1,1, treat fed Dd conve Not 21306081�400081293 d ed the Deed R Varde of Collin Couage 2 Band n Council wwmenhe p uth izeephe a water)ad eewer ling ea drove set gnin In and e a s o t of o lee c p�,axtl en LLL by deed rwwdsd ib Volume 5, Pop 28Ba, U U STATE OF TEXAS auk gat acne esu further authorized Mayor to hole lhs acceptance thereof by signing his name of the Deed Roads rot Collin County,Texas,one being more particularly described as Idlww,: COMM or ARRANT n prised. S� BEGINNING al a 1/2 in.of Ira tad set Mr f-ay II,of caner of m Let n Stree me being the �341 � , BEFORE ME,the undersigned authority,on th ay prsonaNuya ppeored Huge E.Pair,known to o be --- northwest FtrseDtbn of the math right-of-way Inc of G.N.3412(W.Brow Slrsetj(o 90' gFt-of-wvy). _ • BROWN 'he persan whose name is wbwnb 4 to�e fa�po`gain Y ent and a n wledged to me that M1e eau CITY SeweliwYT and the wont rght-of-say line of Winging Oaks OrM(a 60'right-of-way fine at this point): e 1«the vapwa.as a rat , .eased.in the apadly thereon ateted,am e:r,eted cur or say.. p act and as THENCE North 88 des 30 min.00 sec.West.along the common line of ode Lot 68R-2,and e �a.�',(F �FSERSQN deed o said AND SEA the north h!h 4 p ~ NOTES, algahestway comer sir said F.M.art- and co me southwest corner Wlan or said Lot Sfeet t same being rW OVEN UNDER MY HAND AND SEAL 6 OFFICE an the_ Y -.21pB. set c mama al said Lot g t-1.and west corner mtd d'Lot 58 of.som reel toe sou into lawn red 1.IRF-Ira RodRed Found a4t for comer,veld point being the southwest a adpll sub Lot SBR-I, pang Me southeast cant ',OAR I, 3.12 m/ __ ----- 2.IRS-Iron of Lot 58R,Black E.of Pointe North edit ,m ion to the City of l Ixyyb.Collin County,Texas, g. w Notary Public n and I«the Stale of Texas 3.Bale of Bering-Based of the south No line(Norm 88 deg.30 min.od itt..tales^),of City f ocvdin o the pal thereof recorded n Cabinet G,Page SAS,of to a words o CollinCanty,Texas, IO 0.Basle TI.and oaring Black E of Pointe North Addition 2nd deg. 30 a a e CI^a al Wylie q t omen of w e LEMING Ny Lammivim Expires: Collin County.Texas,accord,to the gat thereof recorded n Cabinet N.Page 723,oft Pbt THENCE North 01 deg.30 min.00 eau.East.dmg to id Lot 68R-1,an 1 6BR.a WYLIE 2 1 j MA TEs -- Rem«des Coning Cby this texas_ distance of 243.73 feet toe 1/2 Inch Iran tad set for corn, W paint being to northwest caner of said 4 4.Selling a port.o Nis a.tim bymetes 8 bands is tkn of City Ordinance and Slate LooSdt-I,sane beg the northeast corn said Lot 58R,wme being In the sou a of a 15'alley as d is subject to fines o withholding of u tildes and building permits. oted by Pointe North Ado Phase II,an addition to the City of 76114 Collin County.Texas.awarding I VICKI LANE � to the plat thereof recwdetl M C.net G.Page 159,01 the Plat Records of Collin County.Tues. VICINITY MAP (A SO'RIGHT-OF-WAY) T NOT TO SCALE ITHENCE South 89 deg.53 min.49 sec.Eosl o,the common line of said lot 56R-1,and said 15'olley, LOT 49 paving a 5/GIB inch nor ben comer of sat of 38R-2,,and cali�inogrRaa total distanceof of feel Flo a 1/2 into'rat sum set for said said point being line norM.et comer of said Lot 58R-2. eel some being the souMweet Intersection of d 15'alley.and the apt right-of-way line of said pnding Oaks Dive,said point being the beginning of tune to the left havi,a radius of 230.00 feet,and a dello angle of 29 deg,02 min 42 sou BLOCK E BLOC E THENCE along tie common IN of said Lot 58R-2,ad Me west right-of-way line of Minding Oaks POINIE NORTH ADDITION.PHASE II 1 POINTE NORTH AD)ITON,PHASE II Orive,oa follow. CAB.G.PG.159 I CAB.G,HG.159 Alaq w I^urve to lne loll,an non distance 116.59 feet,m a chord baring and distance of South 30 deg 22 min.18 ace.Ept.115.35 feet to a 1/2iph ban rod set for caner; South 44 deg 53 min.49 sou.East.a dicta„of 03.42 feet to a 1/2 inch iron rod set for sold point being Ms beginning of a curve o e right hating a radius al 17000 fest and a delta angle of LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 LOT 55 LOT 56 LOT 57 tine LOT 1 LOT 2 Al deg'W mine O7 sip.: lance ofno g sub curve to the right,w ace the t23inc fast.and a chord bcorinq antl dietanea of SpN22 daq.23 min.4q eau.East,130.12 Net to a 1/2 incM1 irw rotl frond Ian c«her,Sou,00 deg 06 min.It sec.West,a distance of 16.42 feet to the POINT OF BEGINNING and containing 50,860 aware feet or 3..erne of computed land. NOW.THEREFORE.KNOW ALL MEN By THEY PRESENTS Ot yin LARRY GUY.IW MAX acting as and/Or representatives of MG 1CP, IND d RIMY MUMS.acting authorized ego,and/or rprevntative of ATINAN.ILC. yy dpl IFIs VV t dpl9natinqq�nee see esec7bed pro4MY ID1S 58R-3 AN5 EeTra 5L00(h no PCIN NORT1.10N11011 31O 1�1190N.m dei0m to Inc tit or wysie. p..as tlop hereby d.ebaN 15'ALLEY 15.ALLEY sesimple. o s Dude use weer,1 streets rights-el-way,and other publicimprovements shown 589535497E 519.25' es xmnrz thereon.1,atrvts an alleys if any,ace dedicatee street pumose b9*9 easements d Public uee ww'L 368.51' �� "e �m 150.74' \ roue,as shown,wan edits ed for the public u forever,for urveaes indip this plat.No ve7yww yy voa.ar 0-9V2'{27 5212V.ea,Emcee,trees,.rubs or other improvements«growths wisp be constructed to paced them,over 2 easements as shown,except landscape inn vemenla may be piacetl n -o.r.w m R-230.00' easements,foemu if rove a the oymmoodnation that C uby o IwPN.in siring t uu.4 0(easements ye also L1/8.59' nd Ice hs mutual ace of oil public uuRlp deel.inq sinsubordinate the sum he easement I Ne Meoil particuior uftlities.said use by pub, being to the CB-530'22'187E LOT 7.BLOCK E the and City of iWHie'e ate thereof.City of wyie,Tens Sbdinsion Ordinance Adopted 2-25-W, Con-11 S.35' POINTE PHASE II ADDITION, The Cityite of WOW andSpublic utility entities anal have the right to remove one keep removed or or parts by m_/ >` CAB.G.PG.159 interfere with 1 construcenstion.umean/mans or ner F.oPrefficiencys or of their re wklve'',stems ih may in n aid eeaarnwm a 130,SB0 SO.FT.OR 3.48 ACRES m or w r,a \ e City u Belie An and Public ulpily entities shall of all(knee«n the lull right f ingress and epees to w Q Mom then Alive easements a e purpose of acting,reconstructing. Inspecting,patrolling. 4l -y maintain.,reading meters,and adding to ovng a its of their reprove systems w vet the ^5'.C meta al any time procuring permission from aneone. .'. This plat approved subject toall patting ordinances,rvles,regulations and reedutana of,e CHy of Wylie, ,,9'fs 54453'49'E exaa. 12 33.42' WMESS MY HAND this the___day of__--___20108. LOT SBR-3,BLOCK E LOT sea-4,BLOCK E QP POINT NORTH ADDITION 2ND REVISION o n POINT NORTH ADDITION 2ND REVISIONcv s (� 91,444 SQ.FT.OR 2.10 ACRES 89.118 S0.Fr.OR 1.38 ACRES ^gIC7 LARRY GRAY ---- KIM GRAY----- -__AUTHORIZED AGENT LOT 59R,BLOCK E emu 8 w -^^^1ja ''',s1 POINTE NORTH AOOMON a $u COMMCOMMor CAB.G,PG.545 W$ 4 gw4 / /� Rn+nanW / sTnrt u rtxAs IP,.e wtwnr.=roten PUMk F me w w stets er m uM e. H Rant p°:eaSne7L.faidL°ire r.r.d BN Ton.Ice,knew to,ace w wrwm pre name a weeab«N the IawpdW M.Iwmwit aW om,..tw9w t.m.vet F.wm.tn w sun.n w arwnr maw n.l.e. = aae,NlN.Na.zaaawlmapn:pyp ace r,w an __ ,-''-- i N\ D-45no'07• cam awn MY HAND µO s*AL or arty.this 0*_eay of wp0 a.r,w /' i/'/ \ R-170.00' ATc«musma ran m.sNt.or _ _ C\ \ L-133.52' / - CB-522'23'49•E caul 1 / i 'r i- �' - \ j CD=1J0.12' IUIRE 4E me b°Ke:o°wme n=x.trr wdk,me w the sot.or me say �e9.nay m.�i aye'lewwWoe,.1`m m'mehi...vela tee o ne i w wear thereineuted.the i 1 .EN un.err Arun rn SEX a C.OX me w day Noe ef -- w..wm_ _cr r.ve zn TC`// =/ _ ____'/'' // �w I I TATE or rGhtnvuna-dq.a mli,wln.Ia ee�eeedm OF 1 a - - 368.40' _ - - -/ _ /---r-- _ -- v 4 own.,S00T)6'115W oB6.ormeiy opwow Rwq vllanA d Atlwea uii.m.n i.e.e.u.le>.m�.ea nm,a s w t� to w 18.47 Iwe9.inc weamwt me edmwNgr t.me ur ne®a,Na w was M w w.wxr u..in aNNa ,,,,� m" 2Be.91' _ - awl IroLR Mr xNn AND OM a aura.mew r 2aafl ••>'^•••a -'v gr.T.,un N8850'00-W 857.3 ' wsrra sy (eAa Xwwa) _,a a"r,an mnyw er P.0.8. Ndrr Poe,N one for the state ne I FINAL PLAT POINTE NORTH ADDITION 3RD REVISION ---- ---__ _____ F.M. 3412_(W. BROWN STREET) A REPEAT OF BLOCK E, LOTS 58R-1 At 58R-2 (A Bo'molt-a-WAY) - ---___ __- --- -- OF THE POINTE NORTH ADDITION 2ND REVISION BEING A 3.46 ACRE TRACT OF LAND SITUATED IN THE D.W. WILLIAMS SURVEY, ABSTRACT NO. 1021 CITY OF WYLIE, COLLIN COUNTY, TEXAS r oo PEISER SURVEYING CO • r-no . SHEET GRAPHIC SCALE b*m wmemwe www•peisersurveying.com Owner of Lat SBR-I: Owner of Let SBR-2: y 623 E.DALUS ROAD CROMMERCIAL IT,e, I 'Recommended for Approval' 'Approved for Cmatruct.. 700.et^ 1 Y GRAPEVINE,TEXAS 78051 ESIDENTAL Big Tp,Inc. µ,enbn,LLC ` 817-481-1806(0) BOUNDARIES OF (a R7) Ganmen,Planning A Zanin9 CommlvNn Mayor.City of WHie.Texas 2544 OaY Math,Rwe IS t.'We Rpd C Rid RE 817-481-1.6(F) O rill' \ - 1 k-SO A y of WyM.lieraa Mesquite.Texas 75181 Sa.se.Texas 750. - . Maya Sow lid 1/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: 08/6/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Preliminary Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM544 and Commerce Drive. Recommendation Motion to approve a Preliminary Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM544 and Commerce Drive. Discussion The property totals 1.38 acres and is currently unplatted as a part of the E.C. Davidson Abstract as one tract. The applicant is proposing to divide the tract into two parcels of approximately 33,000 and 27,000 square feet in order to develop two separate restaurant uses, of 2,763 and 2,239 square feet respectively, on the divided property. Lot 1 will obtain access from two existing drives off Commerce Drive. Lot 2 will have direct access from FM 544 with cross access to Lot 1. An existing non-conforming building has recently been demolished on the property. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie. PLANNING & ZONING COMMISSION DISCUSSION A Site Plan was approved 7-0 on August 5, 2008. Access to Lot 1 will be by a one way entrance only at the southern drive from Commerce. The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 08/06/0 City Manager Page 1 of 1 • • • e'mr •NO710E• OWNER'S DEDICATION I Sslk 9 a portion of lhi•adeltbn by mete,n 0014e le a reeeekS Guillermo Pen°w.acting as.•Sly Sthwized a4n1 and/w,.90 00tann of Frebrwd Properties,LP and >I MNI°mlwn of City Ordnance nd State Low and is subject Pap Holdings.L.P.Ie N•ode crew of a 01 awe tract°I Ind situated N the E.C.DONe,on Survey.Abstract No. to es nd..Many 01 utllitks and...ding permits. ;81. CMIn County,Texas,and bang.of a tract of Ind conveyed to hband Proper..LP br deed recorded Document No. f the Deed Records of Caln County,Tex.and being al of a tract or lone "Recommended for APWOwi. eves,.to Pop Hd 9.,LP byydeed rec..0 Document Ne. of the Oeed R«arde 01 Coign Texas. a more tkularly descried by males and bends w folic.: Cy*Tfa Plomkq n 2on"'eemlwbn Date BEGINNING at a 1/2 na Man rod found for the rwrtneo,l corner of veld Pap Holdings twat.same ben,the • w PER IR.ROOS FOUND City ei MIe.Tasty southeast corner of a called 0.8356 acre tract of land conveyed la Jerry...ling aki rile Vicki Brown.g,by deed • ON THE GROUND sal n Volume 1995,Page.1,of the OW ReCorde of Cdln Odom,,Tnos.some biting 0 the west line of Lot LOT 12,BLOCK 2 'r1,S' (CALLED Only ACRES) •Approved for Construction' 2,00k 1,01 Wdlau IMustrid Pork an addtin t0 the City of Wylie,according to the plot thereof recorded N • 544 INDUSTRIAL PARK >:- .TERRY BROW1N°and wife. cabinet F,Pm.xu.0f ue not Regd.or win Canty.Tna, CAB.F,PG. 445dcl aROWNIHc PLOTTED PER DEED Mayor.city f wylk,Tnas Date 8� VOLV9 3995 PG.W41 r° THENCE $OVu.,.o comer of w10 Lot the common010 ang•tee sold w cdardn«osei Loi',.^9och°kl Lot maid 0(0 uc.Ineuil most I 8 (CALLED 0.8356 ACRES) -Accepted- westerly JERRY GROWING and wife,VICKI BROWNING VOL 3995,PG. 0941 iIppm . Near plat 01 WYLIE BI(POP AWIROyI to the City ofWyll•eras mbmll[W to the City No SH sow era cum l0 to r1 Wit,an ors dletanu DI 8.9]feet.one a sherd bwrin9 and dktare 91 sort _on_Svw,K sus h eve Cwnc n"rrtfre acts.Ile Yl of is u 200&per•.p Cavr,bye np �awaces BBw'z8-west.n93 feet a T right-of-m found fe,cane: d along me b >4 tom . es ark.m W r monument fou and w me... n and of forth N upon'add Oat and said Council TMEN.South B8)IB'05-WrL along the cwnmn line of said Pop Holdings trestle n ng m w right-of-way 9 B n nbenorlob ku�Mo>«m show the acceptance thereof by eignNg i ne o erg passing a eoum e saki F.M.Highway °See, owl toner said Holdings tract,w being n 9 re w tw•t comer f sold hbnd Properties tact,and cantnaing a lam..stance of 20953 feet to a TXDOT I (...o.Tk mi —_ __ right-of-way monument round for cornea sale point being the meal southerly swthwwl corner of 4 d Firebrand 4 en (GEED '2 0915 SB 246.29j -` ®i n"er Citr Sw(2.. Proper.tract same berg t•southeast corner ail intersection of said F.M.Highway No 544 an Commerce N8923'20 E 246,11' \ exy of soy°.Twee der(a 65.W rout right-of-way); �br- 13/69 i✓)fl 2' (HENCE North 4T08'32"Watt Sang the common M of red hebra"d Properties trod,and deg sold comer dip sBI� SURVEYORS CERTIFICATE intersection,wane distance fees l0 a T%DOT right-of-way mmm(e t fOunN for "a k 3—_3 q F �" I m th*00 caner of b Mr00*' Properties tract. being to aascorner, riglsait opoint craw being of w e Y -- nor,' �L_ T P.0.8. LOT 2,BLOCK 1 Tess.to ertNr tot xuol E.PEISER, 0110 Registered Proiwairwl Landrveya for cwnmerce aba moue coo WALLACE INDUSTRIAL PARK the state of T.eaa potted the above kid Mran from an actual mrw^n th n a\ groove,one that lhM qat correctly represents at survey mode by m der the THENCE North WW654"West,hang them tine of saki hebandnProprtes tract,and east right-of-way y CAB.F,PG. 243 eMKI an a.aperMsbm 9 0 °'o ! I IWSEASCO 06 23/2W8 FM REWEw WRPOSES GAv •01 red Commerce Drive,a distance al 22930 fret tom % at concrete found I suer, point bMng ie ?'*.�� mn�e, PRELIMINARY Iy ,?.w(AY NOT BE REWROFO Z AWr Puwags the northwest caner of saki hwrane Properties o-«l.mme bony the.mtw.t aano of saki tam 08356 are. 9' -nv __� MUGH E DSER Vv. I 3 3 E WYLIE BK POP ADD IX4w R.P.L.S.No 3688 THENCE North 8923'20-East,ang the COmman line of and Firebrand Properties tract and along the•nth ine of 9\9� 60,147 SO.FT.OR 1.3 ACRES G`t / I I STATE OF TEXAS red coll.08358 acre tract,passing the narinamel comer of saki h.brmd Properties trod,some being the 'I l _ i I tun a cOLN ores comer said PHoldingscote bed tan Ire o e POINT OF WGINN1.1..1 j 'I I northwest one containing op 47 aarer furl and con wins of total kind LOT 1 BLOCK 1 BEFORE known t NE,to under*geed authority,n to Se*arc t Y WWared Hugh E.Pekw CKment and C)1€ 4. a 7 MO.FT §� .: 1� ackrwa.dged o be`tobmat that he executednome le I.earn*fa the D000.ano the dgtmsbraln therein NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS 3: IrI OR 0.78 ACRES k$ a«u� A I an ewr.wed the ampdty therein.toted,and as the act d deed of sou pe,eneren p r wj That GUElDdO PEw.Vs.acting herein byand through Its duly ine officra does M1 adept this hat 1.81I N I_ ( MO PROPEPrES.LP a P G GIVEN UNDER MY NAND AND SEAL O OFF LE m Ina SY of 2008. designating a hydro above...ad s'I010 0*POP IODI11011 an addition a t°hereby soy*0 Tnae U SI 1 LOT S.BLOCI(,Eg dm doe hereby dedicate N rw simple.t h e pubic Li.Mew( the age..rights-of way. a other pig. A 3 B w$ 28,8 90'Fri 61 0' Notary Pubic m naive me State°I Texas irge cantor.gown usurer.•dstreets alc i:e,°nlwatln*public use any. io°e„'.icaitl Pre Wwo.°..�xabei thd �i."q i.xe LOT 1A,BLOCK 2 d'1. a $ 06 0' ACRES; I tt'R 1 y buildings.fence..trees.shrubs a other mre0ernnts or growte anal be constructed or aced upon, *r or 544 INDUSTRIAL PARK ILI 8 -In ® � f My Comm..EwNw:__--_—_ acr to ante as shown..s pt tall indsa(w.i npr0wmnts m Ee wawa n I0Ewap•9999...if approved y the City Council 0f the City of Wyk n In suety easements may also be used re,the mutual use CAB. F,PG.445 I e . and acwnmodatbn of a punt utilities desiring you use or using the Same uses.the...tint rote the use to C " 1 3��.:. O NOTES: pm�cdarT are Submwam aehn�.c020pieL zes5 03 aNnninaat�B10 of 35 o'e ctr of so4 e.uee trout Gty O Z�err— l • I I Fi ran Rod Found The City of WyM and public utilityentities Nall haw a right toremove and keep removed d a ports of any (�1 "1 02 z Baas al Beprn9 Basso n the cost ne((South CO deg 00...sm.West),of buildings,to«ea treesshrubs other p wnents or growths ich may M any endanger r trlre r j J V L y5.'ac I I a trawl of Ind conveyed to Pap lidding.,LP y deed recorded n Darumnl No. the construction.ma ten. or efficiencyof their r w systems 0 red eosemnLL The City of Wyk an 3 1 i l of s Deed Recor a Coll,C°untY.Tn«. public utility entities w Ma at tantmw hove the hill right of Ingress nd g,ogres.maintaining, t in from their tor,and j„. _4 ctive p. 3 nU a Wrpws o tiro Ing,r n•Wll rig Inspecting.Ingre patrolling,m nor rmd qmm 9 ta LOT 1,BLOCK 1 adding or remowng a or parts of their remrcuw enteme t the n emiitY n time N ) WALLACE Perm ono., --- '4 1 INDUSTRIAL PARK :It plat approved aajee�re al piatt ny 00 000ea rules.re4Wat also resolutions of the City of Wyk.Te.ae. ? a-�ki �/ I�a. CAB.F,PG. 243 0 Ess.'" "• • _ 2 Y I BY: P� = m y ,vc1 x4 Aulnanrm sanawre of ono —— - w 2I 4I oar r Printed Name and acknowledged that Publice% Nand hit the Stfa to •e is S weano r appm.m AP CAL.89 T53 : ) I i E': 586'06,05'g Dg.53 ♦ -' „r W D=8.93' 1 B• STATE OF TEXAS 9 for to of era, • ._ R-5789.58' COUNTY m.F n•undersigned authority,a noon on fL /y� .lrt_oF-wily L=8.93, Drove.known to me to be the person:whose name this to to fe,.go nine 17I DEED CALL N89'3930-E 208.79) a woes \GB=$B6•D3'26•w InaWmnt a awleegetl to me ore executed t e purpose and canekratbne e N4'06'32•W �. RIGHT-OF-WAY OED. •spresem. 34.15' VOL.1344,PG.966 CD=8.93' Clean anew my hand and sad of once,this day 2008. � — - --_J Notorr Pudic N soh for the State of TimeS L J —_ F.M. HIGHWAY 54 __ My cal iesk E pew a: ---� (1;&09 RIGHT-CF_WO) I VICINITY MAP NOT TO SCALE I,BMN , • '��IDmo�• UNE LENGTH Arm BEARING GRAPHIC SCALE -C%%• �I■'✓•�'•" LI 4fl S0353'S5'E , i ' 111/L�7 I . 58696'D5-w 1 P i LS a> 118.59'S5-W �/ if . .1, L5 17.11' s986D90900: 1 Mee 3)w PRELIMINARY PLAT WYLIE p 8,Tg / L6 oral Ngg9OW"E • LOTS 1, AND 2, BLOCK 1 p CURVE rABE Ow ER: WYLIE BK POP ADDITION O(040 LENGTH RADIUS DELTA CHORD BEARING CORD DIST. BEING A 1.38 ACRE TRACT OF LAND SITUATED IN THE © r.. " a 5]9' 2SW' 1318']4" N0313'H"E c 5.>6' FIREBRAND 50RH uACA�TWIREBSLw.pTo-221 E.C. DAVIDSON SURVEY, ABSTRACT N0. 266 fr 430' 25.00',091188- N04'S559-E 4.30' �� =R �, cal 430' 25,W'..W31'Se• sa's5'S9"w 430• 972-8 TEXAS (0) CITY OF WYLIE, COLLIN COUNTY, TEXAS , `� L. 5)9' 25 W' 1318'34" W313'U'W S)@' 9R-820 228>(o) c3 39.27' 25.00' 90'01:4122" N.29007w 35.30' / LEGEND N CONTACT:GUILLERMO PERIACS .Me xp.. PEISER SURVEYING CO. SHEET �fD C. 20*0' 4900' 241Y40 N)T51'o9"W 2002' a owNFR: wyvlmpe TEww.pe1oeLreurveying.com ( CS 1080' 25.00' 24'45'12" N>894.52-w 1O>2• G GAS METER FIRE 0WRANi 0 MONITWING WELL U00 v 1 y�FRO.I CO 211T 49,00' 24'45'12• 5)89452-E 21 01' W GAS VALVE WrnATER METER ® RAMC SIGNAL POLE%' OW.POLE POP HOLDINGS LP Pt'em A/ram 823 E OI11As ROAD LdIMERCIAL Ip d ti_ilC> 10.60' 2SW' 341T4i S)>31'W"E 10.52' G LEPHONE PEDESTAL FUEL PORT (D 008 1.0 SIGNAL SOX- TYPICAL fEXCF ))W H.MACARTNUR BLVD.y1211-x21 M� ,itq MMENNE.TEXAS)6051 RESIDENRAL CO 78.9T 4AW' 9D110'W' $4500'W'E 69.30' POWER POLE •7• A VALVE ® S.MAN H0.E ® CONCRETE IRwxG,TEXAS)SOfi] w.�'=81)-loth-IBW(0) BOUNDARIES I.Y. OF ( DGUY ® TRANSFORMER P. 00 CAS MAN HOLE ® BOLLARD 020-228)(0) iVi©8,7-481-1809(F) TOPOGRAPHY 1 22.35' 44 W' 2806'15- 5>5'S4'29-E 22,11' f9 S.S.S MAW HOLE Q ELECTRIC METER VAULT COVERED AREA gCONTACT:pALLERMO PERLAES MORTGAGE CIO 10.18' 20.W' 2901115" N75'S4'20•W 10.05' \• CLEAN OUT ® STORM DRAIN MAN HOLE c) TREE f I I...m_. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 1 Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: July 7, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-30(R) officially naming Wylie's Public Library, within any locality of the city,the Rita and Truett Smith Public Library. Recommendation Motion to approve Resolution No. 2008-30(R) officially naming Wylie's Public Library, within any locality of the city, the Rita and Truett Smith Public Library. Discussion The library staff, Friends of the Library, and the Library Board recommend the official naming of the new library the "Rita and Truett Smith Public Library" in honor of Rita and Truett Smith's dedication to library service in Wylie. Approved By Initial Date Department Director RO 7/7/08 r City Manager VM Page 1 of 1 RESOLUTION NO. 2008-30 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, OFFICIALLY NAMING WYLIE'S PUBLIC LIBRARY, WITHIN ANY LOCALITY OF THE CITY, THE RITA AND TRUETT SMITH PUBLIC LIBRARY. WHEREAS, the City Council of the City of Wylie, Texas has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas to officially name a public library; and WHEREAS,it was determined that such a public library will be located within the city limits; and WHEREAS, Rita and Truett Smith founded the Wylie Public Library in May of 1970 in the Tower Suite of the First State Bank Building through their provision of funding for rent and utilities; and WHEREAS, Rita and Truett Smith inspired citizens of Wylie to become involved in their local public library,creating an environment of lifelong learning and access to quality resources for all citizens; and WHEREAS,Rita and Truett Smith in 1985 donated to the City of Wylie the building located at 800 Thomas Street,enabling improved and expanded library services and were awarded the Texas Library Association Benefactors Award in 1986 for their gift of the library building; and WHEREAS, Rita and Truett Smith founded the Friends of the Library in 1986 to serve as advocates and fundraisers for library service. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: The City Council has determined that the official name of the public library within any locality of the city will be named the Rita and Truett Smith Public Library in honor of their "Tradition of Service"to our library community. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this the 12th day of August, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-30(R) Naming of Library Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 2 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 08/06/08 Budgeted Amount: Exhibits: Five Subject Hold a Public Hearing, consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, Section 6.3 as it relates to district boundaries and design standards. Recommendation Motion to table until September 23, 2008 to allow staff to re-notify property owners. Discussion The purpose of these revisions is to extend the boundaries of the DTH and redefine better transition points and to establish clear and concise guidelines for new and renovated structures. As time and technology change so must our ordinance as it relates to design and function. However, it is also important to identify those areas that we desire to preserve and maintain to reflect as closely as possible the rich history of Wylie. Background The Downtown Historic District (DTH) was created in November 2001 with the adoption of the city-wide revisions to the Zoning Ordinance and Map. The DTH District allows for a broad mixture of compatible uses and provides special development and design standards that preserve the historic and architectural character of the area. The residential design standards allows for residential structures to be placed/constructed adjacent to other such structures within blocks with existing residential character designs. The exterior design should be of similar character of surrounding historic style structures regardless of the internal use and design. Common design features of existing historical residential structures range in variety from as early as the Colonial Style (1600- 1820) to the Arts and Crafts Movement from the 1910-1940 periods. Most of the styles in our area are revival styles which date generally from the 1900's to present. Most of the existing structures feature low pitched gabled roof with wide unenclosed eave overhangs with exposed roof rafters and/or decorative beams or braces underneath the gables. The features are typical styles of the Arts and Crafts Movement as well as the Bungalow style homes. The district also consists of Victorian style homes built in the late 1800's. It is because of these type features that it is important that we preserve this history throughout our DTH district and replicate it in new or renovated structures. In addition to the overall style of the dwelling, most residential structures include foundation piers and crawl spaces that are usually covered by wood skirts and/or plantings and have windows with multiple lights. Again, these features are typical of this historic period. Page 1 of 2 Page 2 of 2 P&Z Discussion Several options were presented to the Commission at its July 15th meeting. The Commission narrowed it down to two options. Boundary Option #1: Extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to the rear of Block 3, Lot 1R to the east side of Jackson and south to SH 78. This would remove Lot 1, Block A (Inwood Bank) and Lot R1, Block 3. Being that Inwood fronts SH 78 this would be a good transition point from Commercial Corridor District to the DTH. Extend the eastern boundary to include lots along the east side of 2nd Street and south to Marble, but excluding First Baptist Church Worship Center and parking lots. Boundary Option #2: Extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to the rear of Block 3, Lot 1R to the east side of Jackson and south to SH 78. This would remove Lot 1, Block A (Inwood Bank) and Lot R1, Block 3. Being that Inwood fronts SH 78 this would be a good transition point from Commercial Corridor District to the DTH. The eastern boundary along the east side of Ballard remains the same with the exception of excluding the parking lots owned by First Baptist Church. The Commission also discussed at great length the exterior materials for historic residential structures. Staff presented information gathered from various sources including, but not limited to The National Historic Society, The National Park Service, The Texas Historic Commission, The Portal to Texas History, and The Historic Preservation Officer for the City of McKinney. Another source used in the research was information on Charles and Henry Greene, MIT Graduates of Architecture. They were recognized by the American Institute of Architects in 1952 for contributing to a "new and native architecture" and are generally credited with fostering a new way of considering buildings and their furnishings as examples of artistic craft. Their art would culminate between 1903 and 1909 with the construction of the "ultimate bungalows" — one of which is the Gamble House in Pasadena, California a wood platform framed house. It was further discussed that homes built during the Arts and Crafts Movement (1910 — 1940) were usually characterized by: a nonsymmetrical façade, typically sheathed with stucco, wood clapboard, or wood shingles, and less often with board and batten, brick, concrete block, or stone. (Source: http://www.answers.com/topic/craftsman-style-1). Two distinct neighborhoods in Dallas confirm the presence of bungalow type Arts & Crafts designs as five and six room"frame cottages". The neighborhoods of Winnetka Heights in Oak Cliff and Mount Auburn in East Dallas began building bungalows in 1912 and 1916, respectively. Commercial building heights were discussed and the decision was made to limit the height to two stories no greater than thirty (30) feet tall, based on a 1:3 ratio. Meaning the building height should be at least one-third the width of the street. Signs should be kept to a minimum and be subordinate to the building. The proposed ordinance limits signage to a maximum of sixty-four (64) square feet. The 64 square feet can only be utilized if the building itself is at least 64 linear feet in width. Otherwise, the square footage is derived based on one square foot of sign space per every liner foot of building face not to exceed 64 square feet. By a vote of 6-0, the Commission recommends Boundary Option #1 with the stipulation that all required parking for lots fronting Birmingham Street must be provided on-site. These lots shall be allowed to provide parking in the front, on the side or to the rear of the main building. Staff is requesting that this item be tabled until September 23, 2008 to allow re-notification based on Option #1 to extend the boundary east to the mid-block property line of lots facing the east side of 2nd Street and to rezone portions of First Baptist Church parking lots from DTH to Community Retail. Page 3 of 2 However, because publication and notification of the requested text amendment has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept staffs request to table. Approved By Initial Date Department Director ROII 08/06/08 City Manager �6 L L'f \ I ( Exhibit "A" Legal Description Zone Case#2008-08 BEING several lots and tracts of land as follows: • Lot 34, Block 5 in the Brown and Burns Addition • Lots 6—8,R 1 and 10A, Block 2;Lots R-1, 11 — 17, Block 3 in the Keller's First Addition • Lot 1 in the Cornerstone Private School Addition • Abstract No. 820, Tracts 28, 29 and 30 in the S.B. Shelby Survey All being located north of State Highway 78 and west of Jackson Avenue, also being situated in the City of Wylie, Collin County, Texas. On of\‘lui Zoning Ordinance SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) A. Purpose Wylie's downtown has been identified by the Comprehensive Plan as a valuable resource worthy of preservation as a historic district.This district provides development and design standards that preserve the historic and architectural character of existing development,provides for adaptive reuse of existing buildings,and the compatibility of new structures and uses with the historic nature of downtown. B. District Boundaries 1. The Downtown Historic District(DTH)is generally bounded by State Highway 78 on the south, Brown Street on the north,the St.Louis Southwestern Railroad right-of-way to the mid block property line of lots facing the west side of Jackson on the west, and the rear property of lots facing the east side of Ballard to the east. These boundaries are shown on the map in Figure 6-1 for informational purposes. 2. The precise boundaries of the Downtown Historic District shall be shown on the official zoning map of the City of Wylie. The boundaries of the Downtown Historic District may be amended from time to time based on a request from area property owners,a request of the staff,the Commission,or at the pleasure of the Council.In considering a request for a change in district boundaries,the Council shall require: a. Any additions to the district shall be contiguous to the existing boundaries of the district; b. Any reductions in the district shall be located on the edge of the district such that a hole is not left inside the district;and c. If requested by a property owner, a petition shall be presented showing owners of more than 50 percent of the land within the district,excluding streets, and owners of more than 50 percent of the building sites in the district are in support of the requested change in boundaries. Page 1 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS 1/ cm Or 111 uE Zoning Ordinance -I_I LL _■ ■ ■ ■ ■ ■ ■ ■ i■ ■ : •wi mid ELL Jefferson ■ _ - .?� o N — e) Y U Marble 1 0 1 _ o c __, ...., 0 roi i \ z Existing Oak Boundary ' mi= =/ Ai' — ••' A 1I1 • ` • •• A --] E.,. Trr..7" Agiiii -1- • Figure 6-1 Downtown Historic District Boundaries C. General Provisions 1. Site plan and design review submitted to the Planning Department is required for new construction and substantial renovation of existing buildings within the Downtown Historic District. Substantial renovation means: a. Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters; b. An increase in the floor area of the building greater than 10 percent. c. Adding new exterior building materials that do not match the existing materials. 2. Interior renovation of existing buildings that do not alter the exterior appearance of the building do not require site plan and design review under the provisions of this article. (e.g., a drop ceiling that covers part of an existing window would alter the exterior appearance and require review) 3. Physical properties of an existing building such as setbacks, foot prints,height, or other similar characteristics that cannot be altered without substantial hardship are not required to meet the development or design standards within this article. All other provisions shall apply. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 2 Zoning Ordinance D. Permitted Uses 1. The Downtown Historic District may contain any combination of uses shown in the Use Chart in Article 5, Section 5.1. 2. Within the Downtown Historic District there are both residential and nonresidential uses which may be located in either residential structures or commercial structures.To maintain the architectural and historic character of existing blocks where one type of structure predominates, the following regulations shall apply. a.Residential uses may be in residential structures or commercial structures.Residential uses in commercial structures are only allowed if they occupy less than 40 percent of the floor area of the building;and do not occupy the area adjacent to the street front. b.Nonresidential uses may be in residential or commercial structures.Nonresidential uses in residential structures must be in those blocks where existing residential structures predominate. c. In block faces within the District that are currently developed with residential structures,new construction shall be compatiblebe of historic design residential structures.Either residential or nonresidential uses may be located in the residential structures. d. In block faces within the Downtown Historic District that are currently developed with commercial structures,new construction shall be of historic design structures. E. Downtown Historic District Development and Design Standards 1. All properties must meet requirements provided in this section for Site Design,and Architectural Standards. 2. Purpose of Downtown Historic District Design Standards.The purpose of these design standards is to ensure the preservation of the historic and architectural qualities which make the Downtown Historic District a unique place by permitting new development compatible with existing historic buildings and by maintaining the historic and architectural qualities of existing buildings. a. Site Design Standards.The purpose of the Site Design Standards is to provide for building and parking placement compatible with existing development. b. Architectural Standards.The purpose of the Architectural Standards is to provide for the preservation of existing historic and architectural qualities of Downtown Wylie,ensure new construction is compatible with these qualities,and to protect and promote the uniqueness of downtown as a commercial area., Design Standards Review.All new development shall comply with the Site Design Standards included in Subsection 4,and the Architectural Standards in Subsection 5. 4. Site Design Standards a. Building Placement-Commercial Structures (1) Buildings shall be placed on the front property line.Buildings may be moved back from the front property line a total of four feet to provide for a-wider sidewalks and entries,if: The buildings takes up an entire block face;or is located on a corner; or has a total frontage of more than 50 percent of the block face. Page 3 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CirvoFWruE Zoning Ordinance (2) New commercial structures shall be allowed only in block faces which are predominately developed with existing commercial structures, or are predominately vacant land. (3) Buildings shall be placed on the side property line. Buildings may be moved back from the side property line a total of four feet to provide for wider sidewalks and entries when the side property line is along a street. (4) Buildings that go through a block so that they have frontage on two parallel streets, shall treat each frontage as a main façade. (5) All service areas and loading shall be from the alley. (6) New commercial structures shall construct at least a six(6)foot wide side walk. b. Building Placement-Residential Structures (1) New single family residential structures are only allowed in blocks which are predominately developed with existing residential structures. (2) Residential structures shall conform with the front yard,side yard and rear yard setbacks of existing residential buildings on the block face.Front yard and rear yard setbacks will be deemed to be in conformity if they are within five feet of the average of the existing setback on either side of the new construction. Side yard setbacks shall be no closer than the side yard setback adjacent to the new construction or 20 feet whichever is less. On corner lots,side yards shall be treated as front yards and shall be the same as that required for the primary front yard. (3) Accessory structures such as garages,sheds,greenhouses etc. shall be located in a separate structure behind the rear edge of the main building and comply with side and rear yard setbacks. (4) New residential structures shall construct at least a six(6)foot wide side walk. c. Parking Placement for Residential and Nonresidential Uses (1) Parking for single family residential use shall be on site and conform to standards for residential uses in other single family districts. (2) Parking for nonresidential uses in commercial structures must be provided off-site from the main use or behind the use with access from the alley if applicable. Required parking for all lots fronting Birmingham Street must have on-site parking and can be placed in front,on the side or to the rear of the main building, (3) Parking for nonresidential uses in residential structures shall be behind and/or to the side of the main structure,provided no parking spaces are closer to the front of the main building than the mid-point of the side facade. Required parking for all lots fronting Birmingham Street must have on-site parking and can be placed in front,on the side or to the rear of the main building. (4) Existing nonresidential uses may be renovated,reconstructed,and expanded up to 10 percent of their original floor area without having to comply with these parking standards. (5) New construction of commercial structures less than 4,000 square feet which is placed in a block face with existing historic commercial buildings shall not be required to provide off-street parking. (6) New construction of commercial structures over 4,000 square feet will be required to provide off-street parking under the following standards: Page 4 in�ur�c��u Zoning Ordinance (a) Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building. (b) The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site.No off-street parking can be developed with frontage on Ballard Street or the block face on the east side of Jackson Street. (c) Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. (7) Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meet the standards for other nonresidential developments. (Article 4, Section 4.3) 5. Architectural Design Standards a. Street Facade—Commercial Structures (1) Primary street facades for nonresidential buildings in the Downtown Historic District shall have the following basic features of existing historic buildings: (a) Cornice at top of facade; (b) Display windows with transom windows above and lower window panels below. (c) Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. (d) Second floor windows,recessed with multiple lights, lintels, and sills. (2) Architectural elements such as doors,windows, awnings,canopies and architectural details shall be compatible with the overall visual qualities existing within the historic buildings downtown. Maintain as much of the original basic façade as possible.The basic facade consist of three parts:the storefront,with large display windows and transom;the upper façade,with large regularly spaced windows;and the decorative cornice. (3) Choice of color for the primary facade,various architectural elements, or details shall be compatible in conformance with the color palette scheme existing within downtown and appropriate for the historic and architectural character of the commercial structure.(Valspar Southern Heritage Group or equal would be an approved color palette)(Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) (4) In addition to the above,all commercial structures shall have at least two of the following desirable design features as appropriate: (a) Street facades on side streets that meet the requirements for primary facades; or (b) Buildings on corners which create a diagonal corner cut with the entrance on the corner;or (c) Pediments added to the top of the facade;or (d) Decorative brickwork and architectural detailing on or around the cornice, fascia,pilasters,or around windows; or (e) Use of natural wooden doors with glass windows;or Page 5 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS 1t CITY OF A)LIF Zoning Ordinance (f) Projecting canopies and or awnings placed over the ground floor windows and doors Pediment Cornice -- 0,_ 4.. Ai k 1,' i r ' , _jam Cornice --` c'. 4IVVvv* mow, E r =T , _ -._Decorative c—V- 7 Brick Work Window Lintel Upper Window Sash - - -- I I Facade Window Sill i7JE ...] - ,. Fascia Sign Board T ti Transom 11 --- (::. 1P' Windows - _ )[ 1 � Q Display Windows - 1 Storefront Lower Window Panels -1'-- ___ 1-P).-:--3-D--- _______ii._ Pilaster ---- Figure 6-2 Typical Features of Commercial Structures in the Downtown Historic District b. Street Facade-Residential Structures (1) Residential structures within the Downtown Historic District shall have the following basic features of existing residential structures in the district,as appropriate to the architectural style of the building. These features are depicted in the following illustration for definitional purposes. (a) Covered porches integrated into the front facade of the main structure; (b) Multiplicity of roof forms; (c) Columns and railings defining porch; (d) Windows with multiple lights; (e) High pitch roof lines; and (f) Architectural detailing of gables,window and door casings,eave lines, and foundations. (2) Residential structures shall face the main street. (3) Residential structures that have a room projecting from the primary line of the front facade shall have a+r covered porch across the inset portion of the facade. (4) Residential structures which do not have any projecting rooms shall have a covered porch across at least two thirds of the width of the facade. (5) Porches on residential structures shall be covered with a roof that is integral to the main roof of the structure,or covered with a roof that is a substantial architectural element integral to the design of the front facade. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 6 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS , gl„ UMOF11)w. Zoning Ordinance (6) Porches shall have columns and railings around the edge of the porch except for the entrances steps. (7) Choice of color for the primary facade,various architectural elements,or details shall be compatible-in conformance with the color palette-scheme appropriate for the architectural style of the residential structure.( Sherwin Williams Preservation Palette,Valspar Historic Color Palette or equal would be an approved color palette) �//J Multiplicity of roof forms (K''' '. -'-' fir::,:\ v ice-v 11 'l i _ 4 - �I I 1 it 1I R 7``-,- _1 it=n 1 _ s „ „„,„ — S 111111111I 1°- NUl Ili i ' MIll� •' * Windows w/multiple lights 1 Skirting Porch columns and railings — - ��\I ` Architectural C " ' =� • It I .r! i e High pitch roof •-. ..:_„. 1- L= M ova r n Covered porcheswith columns and rails Figure 6-3 Typical Features of Residential Structures in the Downtown Historic District (8) In addition to the above all residential structures shall have at least two of the following desirable design features as appropriate: (a) Use of skirting along the base of the building, in a manner appropriate to the architectural design of the building. Skirting materials shall be durable,suitable for exterior exposure,and installed in accordance with the manufacturer's installation instructions. Skirting shall be secured as necessary to ensure stability,to minimize vibrations,or minimize susceptibility to wind damage; or (b) Use of foundation plantings to soften and conceal the foundation;or (c) Use of architectural detailing appropriate to the architectural style of the building. Architectural detailing includes but is not limited to elements such as carving in porch rails,turned stiles,use of ornamentation around windows,doors,eave lines, porches, and decorative windows and materials within gables. c. Building Proportions—Commercial Structures (1) Overall height of single story commercial buildings in the Downtown Historic District shall be between 18 and 26 feet. Page 7 Ciiyor\ti. Zoning Ordinance a (2) The proportion of the height to width of the facade between pilasters shall be in the range of 2.5 to 1 to 3 to 1.The basic window units shall be between 2 to 2.5 times the remaining height to the top of the cornice. (3) The ground floor facade shall have at least 45 percent of its area in transparent windows,or doors.The second floor facade shall have at least 20 percent of its area in windows. The area of windows includes any mullions framing individual lights within the window frame. (4) The proportion of building height to street width shall be 1:3 not to exceed thirty (30')feet at the highest point of the Cornice. d. Building Proportions—Residential Structures (1) Residential structures within the Downtown Historic District may be a maximum of two stories in height,so long as the second floor is located under the roof over the first floor.Dormers and/or windows in the gable end of the roof shall be used to provide light and air. (2) Residential structures shall have a minimum roof pitch of 8:12. e. Building Materials-Commercial Structures The base facade materials for commercial structures within the Downtown Historic District shall be brick or stone.Architectural details,trim,window or door framing may be wood, stone,cast stone,cast iron,or other materials compatible with the historic and architectural character of the-Downtown Historic District. f. Building Materials—Residential Structures (1) The base primary exteriorfacade material for residential structures within the Downtown Historic District shall be wood siding and/or composite masonry materials having a wood pattern. (2) The width of the siding shall be between four and five inches in width. (3) Renovation to existing residential structures should use materials which are compatible with the existing residential structure.Adherence to these material standards are encouraged where appropriate and/or possible. (4) Vertical siding is prohibited. (5) All development is defined by the base,middle and roof elements with particular attention to the front facade as this is the section that defines the character of the streetscape for the DTH. See Figure 6-4. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 8 1/ 0r,0,,,`,ur Zoning Ordinance I 1P_ J '_ __iUi: �--" R...... ►.-..__ _ — - .r—_ CC Figure 6-4 Expression of Base,Middle and Roof Elements g. Fencing—Commercial Structures Any fencing for commercial structures within the Downtown Historic District shall be in the rear of the building not visible from the street. h. Fencing—Residential Structures (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. 6. Signs PURPOSE: All signs in this section are applicable to the Downtown Historic District only and are not appropriate to any other zoning district. The purpose of this section is to regulate the construction of new signs and alterations made to existing signs and to ensure consistency and to preserve the Downtown Historic District as a desirable area that is pleasing and visually attractive. A. General Provisions: Page 9 C 1�irti of�i',ur. Zoning Ordinance (1) Pole sign means any sign erected on a vertical framework consisting of one upright supported by the ground and where there is a physical separation between the base of the sign and the ground. (2) Signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Internally illuminated signs must be constructed of non-combustible material or approved plastics. (3) New signs should respect the size, scale and design of the historic building. (4) New signs should not obscure significant features of the historic building. (Signs above a storefront should fit within the historic signboard for example.) (5) No sign permitted under the regulations of this section shall be installed without first obtaining zoning clearance and a sign permit. B. Signs for Residential Structures (1) The sign area of any one face shall not exceed sixteen(16)square feet in area. The sign area of a pole sign shall not comprise more than seventy percent (70%)of the entire sign structure. (2) The maximum height of a pole sign structure shall be six(6)feet when no lighting is included. The maximum height of a pole sign structure shall be eight(8)feet when a globe type light is included. (3) Logos and symbols may be illuminated or backlit by fluorescent fixtures. The use of indirect lighting is also allowed. (4) The use of a fluorescent color on a sign is prohibited. (5) No more than one pole sign may be displayed on a premise at any given time. (6) The sign may be placed adjacent to the public right-of-way,provided it does not encroach on the sight visibility triangle and is a minimum of six feet from the outside face of curb. (7) Single acorn type luminaires,flutes,moldings or other traditional details are strongly preferred. See Figure 6-5. Page 10 1; 0,,of 111 uF Zoning Ordinance r +y . 1, +ti , a. .r,. 1 Z µ 1 ; ADAMS - ` 1 1104 HEALING — * 'I� B.Arr tv., . A +moo: f 4 -•v: - +_ -"?, , ,f�< 240 .ILA _ Figure 6-5 Typical Pole Sign Features for Residential Structures C. Signs for Commercial Structures (1) The size of the sign shall be in proportion to the building and the neighboring structures and signs. (2) The total maximum allowable sign area for all signs is one square foot per linear frontage of a single tenant or multi-tenant building, not to exceed 64 square feet whichever is less. (3) Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building. (4) No sign or portion of a sign shall extend above the cornice line at the top of the building face. Roof top signs are prohibited. (5) For buildings without a recognizable style,the sign shall adopt the decorative features of the building, utilizing the same materials and colors. (6) The structural materials of the sign should match the historic materials of the building. Wood, metal, stucco,stone or brick, is allowed. Plastic, vinyl or similar materials are prohibited.Neon, resin to give the appearance of wood,and fabric may be used as appropriate. (7) Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. D. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: Page 11 Ciry 1Nof„'tiut Zoning Ordinance 1. Window Signs must not obscure more than 20 percent of the window area per facade. 2. No illuminated Window Signs shall be allowed within two feet of the window surface,except for open/closed signs. E. Awning Signs 1. An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet(6') in height and shall not be placed less than eight feet(8')above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed twenty percent (20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet(2')from the back of the curb line. 3. Bottom of the sign shall be at least 8 feet above the sidewalk. 4. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 5. Signs shall not exceed sixteen(16) square feet per sign face. G. Canopy Signs 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25) square feet, whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 12 Cin 1� of 1il ui Zoning Ordinance BLANK Page 13 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS House Styles • .. • Colonial Styles . ,'. 4. , The Colonial (1600-1820) house style consists of many styles built during #I• . the "Colonial" period (early 18th Century) in America's history when f f England, Spain, and France had colonies scattered across what is now the s United States.... read more _ Early National and Romantic Styles 4 1111 The Romantic Style (1820-1880) of American houses grew in popularity in ,a'l- as a • a time when the U.S. was attempting to break free from English culture III M u and looked to the ancient world for architectural inspiration...read more // ; Victorian Styles . '! 1,'r':, Victorian (1860-1900) houses are architecturally commonly referred to as 0°" a Victorian Style but this "style" is really a period in history. The Victorian t1 h L_1 era dates from the time when Queen Victoria ruled Britain (1840 to 1904). - 1 During this time... read more i1 Modern Styles 1,,0 'r Most Modern (1900-1950) house styles of American architecture include _- 4 familiar and very popular architects. This list includes Frank Lloyd Wright, Le Corbusier (Charles-Edouard Jeanneret), Charles and Henry Greene, Mies van der Rohe, and Walter Gropius just to name a few... read more ,ys ''t i,, Bungalow Styles - , "*1 The Bungalow (1900-1940) house style of architecture is a single family .:i. fa liin - , +,. house type whose popularity grew in the western United States at the turn-of-the-century. Bungalows offered low cost, simple living quarters with an artistic touch to many Americans getting by on modest means._ read more -. _ 4, : Arts and Crafts Styles The Arts and Crafts Movement (1870-1920) began in England in the 1860s as a reform movement that challenged the tastes of the Victorian era. Its ,� A primary proponents were John Ruskin (1819-1900) and William Morris -W: (1834-1896). Subsequently this style was taken up by American designers - p_ '' , around the time of Morris's death in 1896, with somewhat different results. In the United States, the Arts and Crafts style was also known as Mission style... read more 47 .:, Wylie McKinney VICTORIAN/QUEEN ANN STYLES 1840 - 1904 ',,,, -, ;•,,,,'-.4;,..,'-.-.,.:,,-, -, i,k-. - - -. tt,;,?::,:',4:. i I I IIII r.•,r,:t*,:o • i( • A , - -.46,- - ..- çt" '4444i li ,,:, , ,,, "Air ... NEM COLONIAL REVIVAL 1880-1955 , •.1. 1 r,._'.. - . '''',. Ala•., ,'1"44.141140 la'...%\-I j — ---- ;..-..•.7"4 ',. 4.v 1 • -3. ilf - ` k ./43 '•...*• FAII, 1 . . 0'1.•. f .0'. • I I , I . ... . 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OWNER NOTIFICATION �MAP� ZONING CASE #2008-08 NOTIFICATION REPORT APPLICANT: Mindy Manson,City of Wylie APPLICATION FILE #2008-08 2000 Highway 78 North Wylie,Texas 75098 Subject Property No. 1 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- M6ndy Manson 2000 Hwy.78 North 1 City of Wylie Wylie,Texas 75098 Brown&Burns Addn 1116 Laguna Court 2 Blk 5 Lot 33 R-1156-005-0340-1 Tim Conkle Allen,Texas 75013 Brown&Burns Addn 9390 Lakeridge Drive 3 Blk 5 Lot 34 R-1156-005-034A-1 Charles Flanigen Princeton,Texas 75407 Brown&Burns Addn 221 Rush Creek Drive 4 BIk 6 Lot 35A R-1156-006.035A-1 Charles Trimble Wylie,Texas 75098 Brown&Burns Addn PO Box 2077 5 BIk 6 Lot 35B R-1156-006-035E-1 Tim Bennett Wylie,Texas 75098 Brown&Burns Addn 4T5 Quitman Street 6 BIk 6 Lot 35C R-1156-006-035C-1 Ted Trimble Pittsburg,Texas 75686 Keller's 1st 1116 Laguna Court 7 Blk 2 Lot 1 R-1166-002-0010-1 Tim Conkle Allen,Texas 75013 Keller's 1st 810 Forest Edge Lane 8 BIk 2 2 R-1166-002-0020-1 Jerome Allen Wylie,Texas 75098 Keller's 1st 6506 Anthony Lane 9 BIk 2 3 R-1166-002-0030-1 Margaret McMillan Sachse,Texas 75048 Keller's 1st 6506 Anthony Lane 10 Blk 2 Lot 4A R-1166-002-0030-1 Margaret McMillan Sachse,Texas 75048 Keller's 1st 2000 Hwy. 78 North 11 BIk 2 4B R-1166-002-0040-1 City of Wylie Wylie,Texas 75098 Keller's 1st 2000 Hwy. 78 North 12 BIk 2 Lot 5 R-1166-002-0040-1 City of Wylie Wylie,Texas 75098 Keller's 1st 1406 S.Lakeshore Drive 13 BIk 2 Lot 6 R-1166-002-0060-1 William Efeney Rockwall,Texas 75087 Keller's 1st 100 Thompson Drive 14 BIk 2 7 R-1166-002-0060-1 Ed Smith Richardson,Texas 75080 Keller's 1st 106 Guinevere Court 15 Blk 2 8 R-1166-002-0080-1 Tom Hamiter Weatherford,Texas 76086 Keller's 1st 1028 S. Kreymer Lane 16 BIk 2 R-1 R-1166-002-0R10.1 Cora Jones Wylie,Texas 75098 Keller's 1st 100 S.Jackson Avenue 17 Blk 3 Lot 1 R-1166-003-0010-1 Tommie Sue Lemons Wylie,Texas 75098 Keller's 1st PO Box 1329 18 BIk 3 Lot 2 R-1166-003-0020-1 Mary Hughes Wylie,Texas 75098 Keller's 1st 1130 Creekwood Drive 19 BIk 3 3 R-1166-003-0030-1 Donald Whitt Garland,Texas 75044 Keller's 1st 1130 Creekwood Drive 20 Blk 3 4 R-1166-003-0030-1 Donald Whitt Garland,Texas 75044 Keller's 1st 108 S.Jackson Avenue 21 Blk 3 5 R-1166-003-0050-1 Lavon Enterprises,Inc. Wylie,Texas 75098 Keller's 1st 108 S.Jackson Avenue 22 Blk 3 6A R-1166-003-0050-1 Lavon Enterprises, Inc. Wylie,Texas 75098 Keller's 1st 412 Dogwood 23 Blk 3 66 R-1166-003-0068-1 Laester Gayler,Jr. Wylie,Texas 75098 Keller's 1st 415 Quitman Street 24 Blk 3 7 R-1166-003-0070-1 Ted Trimble Pittsburg,Texas 75686 Keller's 1st 603 Gateway Bend 25 Blk 3 11 R-1166-003-0110-1 Randy Newman Wylie,Texas 75098 Keller's 1st 7047 Blythe View Road 26 Blk 3 12 R-1166-003-0120-1 J&K Properties,Ltd. Athens,Texas 75752 Keller's 1st 16 La Cruces Drive 27 Blk 3 13 R-1166-003-0130-1 Donald Light Wylie,Texas 75098 Keller's 1st 616 Cascade Drive 28 Blk 3 14 R-1166-003-0140-1 Javier Davila Garland,Texas 75041 Keller's 1st 7047 Blythe View Road 29 Blk 3 15 R-1166-003-0150.1 J&K Properties,Ltd. Athens,Texas 75752 Keller's 1st 101 S.Birmingham Street 30 Blk 3 16 R-1166-003-0160-1 Margaret Ramsey Wylie,Texas 75098 Keller's 1st 101 S.Birmingham Street 31 Blk 3 17 R-1166-003-0170-1 AE Ramsey Wylie,Texas 75098 Keller's 1st 108 W.Marble Street#B 32 Blk 3 Lot R-1 R-1166-003-00R1-1 Cameiback Development, LLC Wylie,Texas 75098 Inwood Nat'l Bank 7621 Inwood Road 33 --- Lot 1 R-8489-00A-0010-1 Inwood National Bank Dallas,Texas 75029 Cornerstone Pvt School Bobby Abbott 120 S.Birmingham Street 34 --- Lot 1 R-3248-000-0010-1 Cornerstone Private School,Inc. Wylie,Texas 75098 Railroad Industrial Pk 201 Industrial Court#B 35 --- Lot 1 R-1482-000-0010-1 Billy Jarrard,Jr. Wylie,Texas 75098 Railroad Industrial Pk Wylie Industrial Court 600 Sterling Plaza-5949 Sherry Lane 36 --- Lot 2R R-1482-000-002R-1 Development,Ltd. Dallas,Texas 75225 Railroad Industrial Pk 1440 E. FM 544 37 --- 10 R-1482-000-0100-1 Pulliam Properties, LLC Wylie,Texas 75098 Railroad Industrial Pk 13366 CR 763 38 --- 11 R-1482-000-0110-1 James Joyce Nevada,Texas 75173 Railroad Industrial Pk 1440 E.FM 544 39 --- 12 R-1482-000-0120-1 Pulliam Properties,LLC Wylie,Texas 75098 Keller's 2nd PO Box 232 40 Blk 10 Lot 3B R-2130-010-00213-1 Mark Feagin Wylie,Texas 75098 Keller's 2nd PO Box 232 41 Blk 10 4 R-2130-010-0040-1 Mark Feagin Wylie,Texas 75098 Keller's 2nd PO Box 232 42 Blk 10 5 R-2130-010-0040-1 Mark Feagin Wylie,Texas 75098 Keller's 2nd 1101 Surrey Circle 43 BIk 11 Lot 1 R-2130-011-0010-1 Mickey Foster Wylie,Texas 75098 Keller's 2nd 1415 Brittany Way 44 BIk 11 2 R-2130-011-0020-1 Mike Moslener Rockwall,Texas 75087 Keller's 2nd PO Box 74 45 BIk 11 3 R-2130-011.0030-1 Carolyn Robinson Wylie,Texas 75098 Keller's 2nd PO Box 723 46 BIk 11 4 R-2130-011-0040-1 James Mathews Wylie,Texas 75098 Keller's 2nd PO Box 822 47 Blk 11 5 R-2130.011-0050-1 Connie Gracy Wylie,Texas 75098 Keller's 2nd 205 S.Cottonbelt Avenue 48 BIk 11 6 R-2130-011-0060-1 Haskel Gracy Wylie,Texas 75098 Keller's 2nd 301 S.Cattonbelt Avenue 49 BIk 12 Lot 1 R-2130-012-0010-1 Patricia Lemons Wylie,Texas 75098 Keller's 2nd 301 S.Cottonbelt Avenue 50 BIk 12 2 R-2130-012-0010-1 Patricia Lemons Wylie,Texas 75098 116 S. Birmingham Street 51 Abst 820 Tract 28 R-6820-000-0280-1 Anthony James Wylie,Texas 75098 PO Box 86 52 Abst 820 Tract 63 R-6820-000-0630-1 Bobby Abbott Josephine,Texas 75164 1634 Business 78 53 Abst 820 Tract 30 R-6820-000-0300-1 Jesse James,Jr. Farmersviile,Texas 75442 Wylie Industrial Court 108 W. Marble Street 54 Abst 820 Tract 33 R-6820-000-0330-1 Development,Ltd. Wylie,Texas 75098 PO Box 959 55 Abst 820 Tract 51 R-6820-000-0510-1 St.Louis Southwestern RR Co. Tyler,Texas 75710 1401 Pacific Avenue 56 Abst 820 Tract 52 R 6820-000-0520-1 Dallas Area Rapid Transit Dallas,Texas 75202 57 58 59 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 07/23/08 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, direction to select the second neighborhood for the Neighborhood Planning A.C.T.I.O.N. Plan. Recommendation Motion to select as the second neighborhood to participate in the Neighborhood A.C.T.I.O.N. Plan. Discussion The development of Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.O.N.) is the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. BACKGROUND: On July 10, 2007 City Council adopted a policy to implement a neighborhood planning program whereas residents and stakeholders are afforded an opportunity to work together in addressing the community's issues by means of Accountable Communities Through the Involvement of Neighborhoods (A.C.T.I.O.N.) Plan. This program encourages community defined plans using a city-guided program, and offers an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. The JM Butler Addition was chosen by Council as the initial neighborhood for the A.C.T.I.O.N. plan. Staff held a kick-off meeting with homeowners and property owners of the JM Butler Addition. Although a small subdivision, those in attendance were enthused about the opportunity and were willing to stay involved as well as get some of their neighbors involved. The kick-off meeting introduced the A.C.T.I.O.N. plan and gave staff the opportunity to let the residents know who we are and what we do. The JM Butler residents expressed a concern regarding code compliance and drainage issues in the area. The neighbors expressed concern for vacant houses, which are wide open and used by vagrants. Some of the unoccupied houses are not well maintained, and present an unsafe environment. Code Enforcement has been very active in getting information out to property owners who have substandard structures or who have been cited with a code violation. Of the seven (7) properties within the JM Butler Addition, one dwelling has been completely demolished with an additional one set for condemnation. At the beginning of the A.C.T.I.O.N. Plan, several of the lots were unkempt and in need of repair. Two properties Page 1 of 2 Page 2 of 2 have since been rented with some exterior repairs (unsure of interior). CONSIDERATION: Included in this packet is a spreadsheet that compiles data indicating the number of owner occupied vs. renter occupied property as well as the condition of residential dwellings, housing type, year structure built, housing condition, and infrastructure condition. The spreadsheets tabulate data for eight (8) neighborhoods: Russell, Railroad North, Railroad South, Butler, Calloway, Southside, J.M. Butler, and the Bostic Additions. According to the 2000 Census the (H36)Year Structure Built ranges from as early as 1915 to as current as 2006. In addition to the 2000 Census we researched data from Collin County Appraisal District. It is staff's recommendation that one of the following be the next neighborhood selected. (Listed in alphabetical order not order of preference). 1. Bostic Addition bordered by Butler Street to the north, Park Street to the south, Wylwood Addition (Hilltop Lane) to the east and Fairview Addition (Third Street) to the west. CCAD lists the earliest structure being built in 1956. Of the 104 residential lots in the subdivision, 96 have a good exterior condition. Sidewalks are prevalent in the area with the majority being in good condition. A majority of the structures are masonry construction or a combination of masonry as the primary material with other secondary materials. 2. Railroad North Addition bordered by East Brown Street to the north, S.H. 78 to the south and southeast, and Ballard Avenue to the west. CCAD lists the earliest structure built as 1900. There are six structures recorded as being built prior to 1920. Of the 32 residential dwellings in the subdivision 2 are listed as poor, 15 in fair condition and 38 in good exterior condition. There are 11 vacant properties within the Railroad North Addition. A majority of the sidewalks are in good condition throughout the area. Code Enforcement has been very active in this neighborhood and significant remodeling has taken place. 3. Railroad South Addition bordered by S.H. 78 to the north, Butler Street to the south, Ballard Avenue to the west and just east of Fifth Street. CCAD lists the earliest structure built as 1930. The breakdown of the area consists of 70 residential occupied dwellings, 19 commercial properties and 24 vacant lots. One substandard structure has been removed. 4. Southside Addition bordered by South Ballard to the east, JM Butler Addition to the south, Birmingham Street to the west and the Calloway Addition (Citizen Street) to the north. The Southside Addition is immediately adjacent to and surrounds the JM Butler Addition on the north. Of the 24 residential lots, 5 are vacant with a pending 6th one being demolished soon. Sidewalks are predominantly absent in the area. Staff is requesting that Council evaluate the data and give direction as to the next neighborhood or neighborhoods to implement the A.C.T.I.O.N. Plan process. Upon the selection of the preferred neighborhood, staff will mail letters introducing the program and inviting those residents to an initial meeting (date to be determined). Approved By Initial Date Department Director RO 08/0 /08 City Manager r�` s D;) NO Iloilo*1111112. MINE Fli PIN 00,1. 14 'Lill 1111111(l �.TM-= NINON I 10111111111 ROME a WILCH 14 MIN liiiiiiiiii � LEGEND l Russell Addition V Butler Addition 2 Brown W Burns Addition lO Lovon Terrace Addition � 3 Kellero Second Addition ll Fairview Addition 4 Welk*r'o First Addition 12 Bostic Addition 5 Railroad Addition 13 \AtylwoodAddition 6 Calloway Addition 14 Eldridge Addition 7 Southx|deAgUition 15 Caldwell Estates Addition 8 J.K4. Butler Addition lh Holiday Terrace Addition � K--~UTY «~DF U U [� �� «~—^ T. U x--� N . �^^�� ^ ^' ~ITY OF WLIE —~ ^ ^ ^ ^ ^ ^—~ ^ ^ ~ ^ ^ ~ ^^ ^^ m«c. rcunu^mr mmr --�mr------ REVISED DATE: JM Butler Addition November 2007 July 2008 1- Jt- it. - _ -.y I, h y4 . i A- y 101 Jackson Cir fir,_• - t•r• J . .+„ .r � � , ". 9 Lae- � Lae- _ _ 1.11 it g *c 113 Jackson Cir. ,... Allitio, I ` ` :,' ..r —...- _ .._.4--114 115 Jackson Cir. JM Butler Addition November 2007 July 2008 , t_ t,....-, 800 S. Ballard . i . ilk 4k, . ." ., ... 1 802 S. Ballard k1 �. r - _ 1 806 S. Ballard Railroad North November 2007 July 2008 1. ,,,,''..- ,1, ,,,,.. I...., -:-.:, . ' , i " 4' ila' f I 'ilL Ik- , • — e .. _ ,. ram+ 201 Jefferson E -tea yam; . S ,r' li I lir t -. I tip , . ... . a - .. _. , t N. is.. ........,— ii 307 2nd Street .k ..k. tiat.„-.100-.. .....\\. .. . • , 34 b# A i I ' 1 illimm 304 N. Ballard Railroad North November 2007 July 2008 3 may, A '": " u � ' 4 y ' z / > >. 111.h.. - - - Iii- 14111)111: ...1. - 301 N. 1st • r. v :: "s •fit • 111 208 N. 1st St Railroad South November 2007 July 2008 f '. s ,44. .,,C 414 . y,, a ., '� ;y (`- • ," e=7i T}h` f._ It' .g' 410 R ri, r y_ S' i'" I. 1 - 100 5th Street y�i • . • a 'q+` I ~ems i� YI:w. ` a i. M� . 4.� sars d ';' � �. 104 4t" Street ix.4S ' y , 444:i ^ 'A - p jr..:.�� a + - r , AI'. i _- „lilt S.R 105 Masters Railroad South November 2007 July 2008 n y ' ; '� ' jam `'P�+ .- .. t. few- 1 _f ii - r 1 211 Masters Y ! r � =• ; • �/` \ , ` -, . . _ PO*. _ 7\ -. 3 11"— _-- --- * P wit ` —}may: a , a .. _ , ._ .., »_{. .:>., . 603 Marble BO !IC ADDITION PROPERTY OWNER NAME PROPERTY LOCATION OWNER/60 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 45 STRUCTURE Residen5allCommeraal/ owrnenc swno/wood Good/Fair/ BUILT I_ndustnal or Masonry Poor Good/Fair/Poor 1 CRABTREE MABLE MRS&WILLIAM MARTIN 300 HILLTOP LN R 1966 R M,S G G Sidewalk Condition 2 J&K PROPERTIES LTD 302 HILLTOP LN R 1966 R W,M G F Some cracks in sidewalk 19 Poor 3 TYLER TERRY 304 HILLTOP LN 0 1970 R M,S G G 22 Fair 4 EAVES ROGER D 306 HILLTOP LN 0 1966 R M,S G G 59 Good 5 STONE STREET PROPERTIES LP 308 HILLTOP LN R 1966 R M,W G G 6 CRAFT R DAVID 310 HILLTOP LN R 1966 R M G G Exterior Condition 7 WOLF BONNIE WOLF JEAN 312 HILLTOP LN R 1966 R M,W G G 0 Poor 8 GOODMAN ROBERT 314 HILLTOP LN 0 1966 R M G G 8 Fair 9 DRAIN FAYE 316 HILLTOP LN 0 1966 R M,W G G Need painting 96 Good 10 HOBBS EDWARD H 318 HILLTOP LN R 1966 R M G G 11 CARDWELL JANELL 320 HILLTOP LN 0 1960 R M G G Occupied Units 12 HALE NOAH A&EDNA E-LE 322 HILLTOP LN 0 1962 R M G G Sidewalk repair done 104 Residential 13 TUNNELL CHARLOTTE ANN 324 HILLTOP LN 0 1966 R M G G 0 Commercial 14 CHANEY JAMES R ETUX LISA D 326 HILLTOP LN R 1966 R M G G Exterior work being done 0 Industrial 15 KISER RHONDA 328 HILLTOP LN 0 1966 R M G F 1 Vacant 16 WALLACE RANDALL D 330 HILLTOP LN R 1966 R M G F For sale 17 SCHENK NITA F&MCCORMICK MARY E 332 HILLTOP LN 0 1966 R M F G Needs repair 18 YEAGER JOHN 334 HILLTOP LN R 1969 R M F G Roof repair needed 19 GARDNER DOYLE D 336 HILLTOP LN 0 1970 R M,W G G 20 WYNIA DEAN&TERISA 301 HILLTOP LN 0 1966 R M G G 21 JACKSON JAMES 303 HILLTOP LN 0 1966 R M G G 22 STOUT LESLIE P 305 HILLTOP LN 0 1970 R M G G 23 WILLIAMS DOLORES M FORD 307 HILLTOP LN 0 1966 R M,S G G 24 MONTGOMERY JOHN&DESDA 309 HILLTOP LN 0 1970 R M G G 25 ALLEN LIVING TRUST ALLEN W C JR&RETA-TRUSTEES 311 HILLTOP LN 0 1968 R M,W G G 2 story,no garage 26 VICK ROBERT L ETUX SHIRLEY 313 HILLTOP LN R 1970 R M G G 27 SKIPWITH BOBBY L ETUX WANDA 315 HILLTOP LN R 1966 R M G G 28 MARTINEZ IRENE&BENITO 317 HILLTOP LN R 1966 R M,W G G 29 SIMMONS SUE 319 HILLTOP LN 0 1966 R M G G 30 DODD R C AND NORMA GELINE 321 HILLTOP LN 0 1970 R M G G Possible foundation problems,crack in brick ext. 31 TORRES RENATO&TORRES ALEJANDRO&TORRES ANTONIA 323 HILLTOP LN R 1970 R M G G 32 BEAL CECIL EULESS ETUX 325 HILLTOP LN R 1966 R M,W G G 2 story 33 CHANEY BOB S JR&SUZANNE 327 HILLTOP LN 0 1966 R M,W G G no garage 34 WARREN PHILLIP&AUDREY 329 HILLTOP LN 0 1966 R M G G 35 TULLOCK HEATHER L 331 HILLTOP LN 0 1966 R M,W G G 36 BRUA RANDALL&GLENNA 333 HILLTOP LN,LOTS 358&36A R 1966 R M,W G G Need painting 37 RUSSELL STEPHANIE D 335 HILLTOP LN,LOTS 36B&37A R 1966 R M,W G G 38 DONOVAN DONALD G ETUX 337 HILLTOP LN,LOTS 37B&38 R 1966 R M,W G G 39 VIRGINIA M LAWRENCE KISER 300 3RD ST S R 1964 R S G P 40 STEPHEN KELLEY 302 S.THIRD STREET 0 1970 R S G P Arts&Craft type home 41 BOBBY D.WILLIAMS 304 3RD ST S R 1964 R M G G 42 JAMES BOSS 306 S.THIRD STREET 0 1964 R S G G 43 COBEY LAWRENCE 306 S.THIRD STREET 0 1968 R M G G New sidewalk 44 BENNY CRYER 310 3RD ST S R 1964 V Vacant Lot 45 SEAN WILLEY 312 S.THIRD STREET 0 1964 R S G P Carport only 46 JIMMY CAWOOD 314 S.THIRD STREET 0 1958 R S G F Closed in garage 47 VICKI SCOGGINS 316 S.THIRD STREET 0 1964 R S F F 48 HATTON SUMNERS 318 S.THIRD STREET 0 1961 R S G G BOSTIC ADDITION PROPERTY OWNER NAME PROPERTY LOCATION OWNER/60 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 45 STRUCTURE Residential/Commercial/ smm000 sid,nwwooa Good/Fair/ BUILT Industrial orb Poor Good/Fair/Poor 49 STEVETURNEY 320 S.THIRD STREET 0 1966 R M G F 50 JOHN YEAGER 322 3RD ST S R 1966 R W F P Need Painting 51 MELVIN ELLIS,JR. 324 3RD ST S R 1964 R W F P Need Painting 52 RANDEL BUNCH 326 3RD ST S R 1964 R S G F Single car garage 53 SARA CARR 328 3RD ST S R 1964 R S G P Single car garage 54 DOROTHY STRICKLAND 330 S.THIRD STREET 0 1964 R S G F 55 BRUNDIDGE LIVING TRUST JINKS BRUNDIDGE 332 3RD ST S R 1964 R S G P 56 BEATRICE BREWER 334 S.THIRD STREET 0 1964 R S,M G No sidewalk 57 RUSSELL DAVIS 301 3RD ST S R 1961 R M G P 58 WAYNE MARSHALL 303 3RD ST S R 1966 R M G F 59 BAKER REVOCABLE LIVING TRUST LETA T. BAKER TRUSTEE 305 3RD ST S R 1966 R S G P 60 MCGUIRE INERBELL TRUST 307 S.THIRD STREET 0 1964 R S G P 61 GARRY WHALEY 309 S.THIRD STREET 0 1950/1964 R S G F 62 DANNY SCHULTZ 311 3RD ST R 1964 R S G G Fairly new sidewalk 63 RANDY WATKINS 313 3RD ST S R 1964 R S G G 64 GROUND FLOOR INVESTMENTS II,LLC 315 3RD ST S R 1964 R S G G 65 MARILYN FRANKLIN 317 S.THIRD STREET 0 1964 R S,W G P 66 JOHNNIE KING 319 S.THIRD STREET 0 1964 R S F P Roof repairs needed 67 DON MILLER 321 3RD ST S R 1964 R S G G 68 GH WHITE 323 S.THIRD STREET 0 1961 R S F F Need painting 69 SARAH HAMLETT 325 S.THIRD STREET 0 1963 R W,M G P Poor driveway 70 JOHN HATFIELD 327 S.THIRD STREET 0 1964 R S,M G Carport 71 WILLIAM DUNCAN 329 S.THIRD STREET 0 1964 R S G P 72 ERNEST HENSLEY 331 3RD ST R 1967 R S,M G F 73 MICHAEL MOSLENER 333 3RD ST S R 1967 R S G P Appears to be manufactured home on pier&beam 74 NICKY RHODES 335 S.THIRD STREET 0 1972 R S G G 75 BRENDAN DUFFEY 300 4TH ST S R 1964 R S,M G No sidewalk 76 DEUTSCHE BANK NATIONAL TRUST 302 4TH ST S R 1966 R M G P Repairs being done. 77 JARRETT SORRELLS 304 S.FOURTH 0 1964 R M G G 78 MARY GENENE HUGHES 306 4TH ST S R 1957 R M,W G G 79 AMIE GIBBS 308 S.FOURTH 0 1960 R M G F 80 PAT MINIHAN 310 S.FOURTH 0 1966 R M G F 81 WANDA GRAEM 312 4TH ST S R 1959 R M G F 82 GARY SUMMERS 314 S.FOURTH 0 1974 R M G G 83 STEVEN REPASKY 316 S.FOURTH 0 1970 R M F G Attached garage in very poor condition 84 FIRST CHRISTIAN CHURCH 318 4TH ST S R 1970 R M G F 85 CASEY WEBB 320 S.FOURTH 0 1965 R M G G 86 T.W.WILLIAMS 322 4TH ST S R 1966 R M G G For sale 87 ROBIN IVY 324 S.FOURTH 0 1959 R M G G No trees 88 PHILLIP BOOTH 326 S.FOURTH 0 1970 R M G G 89 LESTER GAYLER,JR. 328 4TH ST S R 1966 R M G G Single car garage 90 FERNANDO REYES 334 S.FOURTH 0 1972 R M G P 91 BONITA MENARD 301 4TH ST S R 1970 R M G No sidewalk 92 EVELIA ROJAS 303 S.FOURTH 0 1960 R M G F 93 GREGORY GASKILL 305 S.FOURTH 0 1960 R M G P Need painting 94 JOSEPH PROCTOR 307 S.FOURTH 0 1966 R M G G 95 KAREN MCCARRELL 309 4TH ST S R 1966 R M G F No grass in front yard,single car garage 96 JOSE ALVAREZ 311 S.FOURTH 0 1966 R M G G Need painting BOSTIC ADDITION PROPERTY OWNER NAME PROPERTY LOCATION OWNER/60 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 45 STRUCTURE Residen5eVCammercial/ svmnanosm000r wood Good/Fair/ BUILT Industrial or Masonry Poor Good/Fair/Poor 97 BETTY VAUGHN 313 S.FOURTH STREET 0 1960 R M G ' G 98 FLOYD MAXWELL 315 S.FOURTH STREET 0 1956 R M G F 99 H.A.DEMPSEY 317 S.FOURTH 0 1970 R S,M G G Single car garage 100 EDWIN NEMER 319 S.FOURTH 0 1964 R S,M G F 10/ JAMES DANIEL 321 S.FOURTH 0 1966 R M G G 102 BRENDA BURFIEND 323 S.FOURTH 0 1966 R M G F Single car garage 103 MARIE MOSS 325 4TH ST S R 1970 R M G F Single car garage 104 SHIRLEY BURNETT 327 S.FOURTH 0 1960 R M G P 105 CHRIS THORN 329 4TH ST S R 1966 R M G G BUTLER ADDITION PROPERTY OWNER NAME PROPERTY LOCATION OWNER/ 1 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 12 STRUCTURE Residential/Commercial/ svmnvwsaawwoodor Good/Fair/ BUILT Industrial try Poor Good/Fair/Poor 1 ANDRES ORDUNA 301 BALLARD AVE S R 1960 R M G G Sidewalk Condition 2 MIKE&JANICE MOSLENER 303 BALLARD AVE S R 1951 R M G G 0 Poor 3 EDWARD LEO MARLOW 305 BALLARD AVE S R 1961 R M G G 0 Fair 4 ROBERT KING 307 BALLARD AVE S R 1957 R M G G 13 Good 5 ROSEMARY E RAINS 401 BALLARD AVE S 0 1957 R M F G 6 KROVIAK KOMPANIES LC 403 BALLARD AVE S,LOTS 6,7,8,9,&10 R 1922 C M,W G G Lavon Terrace Apartments Exterior Condition 7 BOBBY R BRALEY 503 BALLARD AVE S R 1961 R W G G I Poor 8 ED HERBERT SMITH,JR. 507 BALLARD AVE S,LOT 12B 13A R 1952 R W G G 2 Fair 9 ED HERBERT SMITH,JR. 505 BALLARD AVE S,LOT 12A R 1961 R W G G Gravel Drive 10 Good 10 ED HERBERT SMITH,JR. 601 BALLARD AVE S,LOTS 13B,14&15B R 1952 R W G G Duplex w/gravel drive 11 ED HERBERT SMITH,JR. 603 BALLARD AVE S,LOT 15A R 1958 R W P G Occupied Units 12 ED HERBERT SMITH,JR. 605 BALLARD AVE S R 1961 R W F G 12 Residential 13 WYLIE CHRISTIAN CARE CENTER 607 BALLARD AVE S R - R W G G I Commercial 0 Industrial 0 Vacant CALLOWAY ADDITION OWNER/ 5 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK PROPERTY OWNER NAME PROPERTY LOCATION RENTER 9 STRUCTU BUILT RE Reai nd/ rConne au sm ushial w Gaotl�a'" Poo Good Fair/Poo COMMENTS 1 MARREN LENORE D 602 BALLARD AVE R 1956 R S P - Vacant/Paper work in process for condemnation Sidewalk Condition 2_FIRST BAPTIST CHURCH WYLIE 610 BALLARD S R 2001 C M G - Christian Care Center 0 POOR 3 MILLS BILLIE R 601 JACKSON AVE,LOTS LOT 1 C-2A-11 R 1945 R S F - Curb/Carport with gravel drive 0 FAIR 4 MILLS BILLY R 603 JACKSON AVE,LOTS 1 D-1H-28 R 1950 R W G G Curbs 3 GOOD 5 EASTHAM BILLY D&KAY A 607 S JACKSON AVE 0 1956 R W G - Curbs 6 ATKINS BETTY TACKETT 605 JACKSON AVE S R 1960 R W G G Updated,curbs Exterior Condition 7 yOUNG MERRILL D&TONI A 604 BALLARD AVE S R 1984 R M G - Infill 3 POOR 8 ODIE HALL LIVING TRUST&HALL J F 600 JACKSON AVE S R 1960 R W F - Curbs 3 FAIR 9 BAUGH EDWARD&HAZEL J 604 S JACKSON AVE 0 1915 R W F - Curbs 8 GOOD 10 JONES KARL&SHELLY 602 S JACKSON AVE 0 1956 R W G - Curbs 11 BARDIN PINKIE&PRICE GLADYS 605 BIRMINGHAM ST&LOT 48 R 1931 R V P - Appears to have foundation problems. Occupied Units 12 BARDIN CECIL W 603 S BIRMINGHAM ST 0 1935 R S P - Siding appears to be same material as roof shingles. 12 Residential 13 TORRES RENATO 509 BIRMINGHAM ST R 1945 R S G - Updated 2 Commercial 14 WYLIE ISD(HARTMAN ELEM.SCHOOL) 510 BIRMINGHAM S 0 C M G G 0 Industrial 0 Vacant JM BUTLER ADDITION OWNER/ 1 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 10 STRUCTURE Residentml/Commermal/ srnud'.°s.wwood Good/Fair/ Good/Fair/ PROPERTY OWNER NAME PROPERTY LOCATION BUILT Indusolal orMasonnr Poor Poor 1 JIMMY COPPINGER 117 JACKSON CIR R 1950 R - WD G Main structure. Sidewalk Condition 2 JIMMY COPPINGER J M BUTLER JR LOT 3B R V Acc.Bldg.Combined w/117 Jackson Cir. 0 Poor 3 CITY OF WYLIE 104&106 STONE ST LOT 2B AND 5 R V Stone Open Space 0 Fair 4_STEVEN SUTHERLAND 115 JACKSON CIT R 1940 R WD F G 4 Good 5 CITY OF WYLIE 100&102 STONE ST LOT 1 B AND 6 R V Stone Open Space 6 STACY BRIDGEFARMER '113 KIRBY ST W R 1955 R SS/M P G Abandoned Exterior Condition 7 ERNEST RAY 101 JACKSON CIR o 1956 R WD F G 3 Poor 8 JAMES&JACQUELINE MUNLEY 800 BALLARD ST S R 1960 R SS P Abandoned 3 Fair 9 EDUARDO PEREZ 802 BALLARD ST S LOT 8A&9 R 1955 R SS P Abandoned I Good 10 JENNIFER&KEITH ANDERSON 806 BALLARD ST S R 1965 R SS F Concrete Drive 11 CITY OF WYLIE 808 BALLARD ST S R V G Ballard/Stone Open Space Occupied Units 7 Residential 0 Commercial 0 Industrial 4 Vacant RAILROAD ADDITION NORTH PROPERTY OWNER NAME PROPERTY LOCATION OWNER/ 13 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 53 STRUCTURE Residential/Commercial/ synthrksiding Wood BUILT Indun5iaWacant masonry/Cater Good/Fair/Poor Good/Fair/Poor 1 LOUIS TURNER 504 E.BROWN STREET 0 1945 R S G G Sidewalk Condition 2 CHAD WALLACE 502E BROWN STREET R 1955 R S F G 4 POOR 3 MATTHEW O'DONALD 410 E.BROWN STREET 0 1956 R M G G 3 FAIR 4 KARAN ASSOCIATES 300 BROWN ST E R 1975 C M G G Nursing Home Facility 21 GOOD 5 MARTIN ROCHA 300 2ND ST N R 1967 R W G - 6 RR KREYMER 302 N.SECOND STREET 0 1960 R S G - Exterior Condition 7 JW CANTRELL 304 2ND ST N R 1964 R S F - Appears to have foundation problems 2 POOR 8 TRACY BRURING 306 2ND ST R 1950 R W F - 15 FAIR 9 TALLANT RENTALS,LLC 308 2ND ST N R 1955 R S F - 38 GOOD 10 VIOLET BLACK 309 2ND ST R 1950 R S G - 11 JUDY EAVES 307 N.SECOND STREET 0 1955 R W F - Non-Conforming Accessory Bldg Occupied Units 12 NATHAN COUINCIL 305 N.SECOND STREET 0 1950 R W F - Remodel of exterior/porch 30 Residential 13 DAVID TYLER 303 2ND ST N R 1956 R W F - Gravel Drive 25 Commercial 14 CHEREE CISNERO 301 2ND ST N R 1946 R S G - 0 Industrial 15 JERILYN STARING C/O MARTHA COX 201 JEFFERSON ST E R 1951 R W G - 11 Vacant 16 TALLANT RENTALS,LLC 302 1ST ST N R 1955 R W F - 17 JASON BURROFF 304 N.FIRST STREET 0 1956 R S G - 18 BOBBY MITCHELL 308 1ST ST N R 1977 R M G - 19 RHONDA MONTGOMERY 306 N.FIRST STREET 0 2004 R M G - Infill Development 20 CORNERSTONE BAPTIST CHURCH 305 1ST ST N R 1950 R W G - 21 PENTECOSTAL CHURCH 1ST ST N,BLK 6 LOT 3 R - C W G - Church 22 WINSTON WATKINS 301 1ST ST R 1900 R S G - 23 KRISTIE PURVIS 303 1ST ST N R 1970 R S G - 24 SCOTTY&KATHY GOODWIN 302 BALLARD AVE N 0 1900 C W G F Newly Renovated for Restaurant Use. 25 JAMES PARKER 306 N.BALLARD AVENUE 0 1950 R W G P 26 ROBERT HEATH 304 BALLARD AVE N 0 1950 C S G P 27 DON HOLLENSHEAD 308 BALLARD AVE N R 1956 R W F P 28 WS REUTHINGER 310 BALLARD AVE N R 1956 R W P P 29 WT GARDNER 200 BALLARD N R 1958 C W G - 30 RO MARTIN 207 2ND ST R 1960 R W F - 31 BARBARA JETTON 209 2ND ST R 1950 R S F - 32 FIRST BAPTIST CHURCH WYLIE 208 1ST ST R 1960 R W F - 33 GEORGE WEATHERFORD 303 MARBLE ST E R 1978 C W P - Tin Roof,Wylie Muffler,Gravel Drive 34 J&K PROPERTIES,LTD. 301 MARBLE ST E R - V - - - 35 J&K PROPERTIES,LTD. 202 2ND ST N R - V - - - 36 KC SWAYZE 204 2ND ST N R 1960 R M G - 37 KC SWAYZE 208 2ND ST R 1955 R M G - Wood Shingles on 2nd story. 38 CYNTHIA CONOLY 300 MARBLE E R 1993 C M G - 39 MILDRED EAVES 106 E.BROWN STREET 0 1950 R S F G 40 FIRST BAPTIST CHURCH WYLIE 1ST ST,BLK 7 LOT 1&2 R - V Vacant 41 FIRST BAPTIST CHURCH WYLIE 205 1ST ST R 1999 V Vacant 42 FIRST BAPTIST CHURCH WYLIE 100 N.FIRST STREET 0 - V Vacant 43 FIRST BAPTIST CHURCH WYLIE 201 1ST ST R - V Vacant 44 GEORGE WEATHERFORD 3RD ST R - V Vacant 45 FIRST BAPTIST CHURCH WYLIE 100 1ST ST N R - V Vacant 46 FIRST BAPTIST CHURCH WYLIE 111 1ST ST N R - V Vacant 47 FIRST BAPTIST CHURCH WYLIE 109 1ST ST N R - V Vacant 48 FIRST BAPTIST CHURCH WYLIE 105 1ST ST N R - C M G G RAILROAD ADDITION NORTH PROPERTY OWNER NAME PROPERTY LOCATION OWNER/ 13 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 53 STRUCTURE Residential/Commercial/ OvoIl,er,5b;,,o woos BUILT Industrial/Vacant Mason/Other Good/Fair/Poor Good/Fair/Poor 49 FIRST BAPTIST CHURCH WYLIE 101 1ST ST N R - C M G G 50 LADYLIKE SHOP,INC. 102A BALLARD ST N R 1910 C M G G 51 PETER KO 100 BALLARD ST N R 1903 C M G G 52 ROBERT HEATH 102E BALLARD ST N R 1930 C M G G 53 LADYLIKE SHOP,INC. 104 BALLARD ST N R - C M G G 54 LADYLIKE SHOP,INC. 102C BALLARD ST N R 1930 C M G G 55 ROBERT HEATH 108 BALLARD ST N R 1930 C M G G 56 CHAD ENGBROCK 110 BALLARD ST N R 1950 C M G G 57 GARY BOWLAND 112 BALLARD ST N R 1930 C M G G 58 MARY PARKER ESTATE,C/O SHARON POLLOCK 114 BALLARD ST N R 1900 C M G G 59 ANN YOUNG 122 BALLARD ST N R 1930 C M G G 60 PATRICIA BRAST 130 BALLARD ST N R 1975 C M G G 61 FIRST BAPTIST CHURCH WYLIE 104 OAK ST E R - C M G G 62 BILLY CONKLE 101 BALLARD ST S R 1940 C M G G 63 ANTHONY BOYD 103 S.BALLARD AVENUE 0 1950 C M G G 64 FIRST BAPTIST CHURCH BALLARD STREET W BLOCK 19 LOT 4 5 R - V Vacant 65 REEZIN SWILLEY BALLARD ST R - C 0 F F 66 REEZIN SWILLEY 105 BALLARD ST S R 1920 C 0 F F RAILROAD ADDITION SOUTH PROPERTY OWNER NAME PROPERTY LOCATION OWNER/25 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 88 STRUCTURE Residentiat/Commeroial/ synthetic Sidiwl Wood BUILT IndustaVecant Masonry/010o Good/Fair/Poor Good/Fair/Poor 24 Owners;80 Renters 1 STONE STREET PROPERTIES LP 501 STATE HWY 78 N R 1975 C M F - CARPET/TILE STORE Sidewalk Condition 2 STONE STREET PROPERTIES LP 505 MARBLE ST E R 1954 R S F - 1 POOR 3 STONE STREET PROPERTIES LP 507 MARBLE ST E R 1954 R S G - 0 FAIR 4 STONE STREET PROPERTIES LP 501C STATE HWY 78 N R 1983 C M F - CARWASH 4 GOOD 5 THOMAS HOFFMAN 620 STATE HWY 78 N R 1972 C M G - 6 VIRGINIA MARLOW 204 5TH ST S R 1955 R S G - Exterior Condition 7 LESTER GAYLER,JR. 202 5TH ST S R - V - - - VACANT LOT 14 POOR 8 LESTER GAYLER,JR. 200 5TH ST N R 1950 R S F - ROOF DAMAGE,POSSIBLE DRAINAGE ISSUES 17 FAIR 9 FAUSTINA VEGA 603 MARBLE ST E R 1950 R W P - 54 GOOD 10 DAVID MORGAN 108 5TH ST N R 1990 R M G - DUPLEX i i TOMMY REUTHINGER 600 MARBLE R - V - - - VACANT LOT Occupied Units 12 TOMMY MCEUEN 106 5TH ST N 0 1970 R M G - 70 Residential 13 VICTOR POOLE 104 5TH ST N R 1949 R W F - 19 Commercial 14 VICTOR POOLE 100 5TH ST N R 1930 R W P - PAPER WORK FOR CONDEMNATION 0 Industrial 15 STONE STREET PROPERTIES LP 510 MARBLE ST E R 1956 R S F - 24 Vacant 16 ROBIE KING 105 5TH ST N R 1980 R M G - 17 MAXINE POOVEY 501 OAK ST E R 1955 R S G - 18 KENNETH HOUSEWRIGHT 100 N 4TH ST,BLK 14 LOT 7&8B R 1953 R S G - UPDATED EXTERIOR WORK 19 JERRY TYLER 102 4TH ST R 1958 R M G - 20 DANIEL RUSHING 110 N 4TH ST 0 1981 C S F - 21 STONE STREET PROPERTIES LP 4TH ST BLK 14 LOT 11 12 R 1970 R 0 P - MOBILE HOME PARK 22 CITY OF WYLIE BLK 16 LOT 37 R - V - - VACANT LOT 23 ALAN STUFFT 207 STATE HWY 78 N R 1955 C W G - CENTURY 21 OFFICE 24 RANDALL WALLACE 211 MASTERS AVENUE 0 1955 R W G - VICTORIAN STYLE HOME 25 LAURA MCKETHAN 207 MASTERS AVE E R 1961 R W G - 26 OOZI ENTERPRISES,INC. 201 STATE HWY 78 N R 1970 C M G - FINA FUELING STATION 27 OOZI ENTERPRISES,INC. MASTERS ST,BLK 20 LOT 10 R - V - - - FINA FUELING STATION 28 TALLANT RENTALS,LLC 100 3RD ST S R 1950 R S G - 29 CLIFTON SMITH 102 S.THIRD STREET 0 1960 R S G - 30 TALLANT RENTALS,LLC 104 3RD ST S R - V - - - VACANT LOT 31 LINDA SKINNER 309 MASTERS AVE R 1962 R W F - 32 GRIFFIN BAKER 307 MASTERS AVE R 1950 R S G - 33 SEAN FLEMING 305 MASTERS AVENUE EAST 0 1950 R W P - 34 HERBERT SMITH,JR. 301 MASTERS AVE E R 1931/1950 V S - - Demolished 35 HERBERT SMITH,JR. 303 MASTERS AVE E R 1931/1940/19! R W P - 3 RESIDENTIAL STRUCTURES(see 303 Masters) 36 HONG CHONG U 101 2ND ST S R 1982 R W P - 37 JAN MORGAN 102 4TH ST R 1999 R M G - 38 J&K PROPERTIES,LTD. 104 4TH ST R 1940 R W P - 39 ROGELIO CASTRO,JR. 108 4TH ST S R 1960 V - - - VACANT LOT 40 LGD PROPERTIES,INC. 405 MASTERS AVE R 2006 R M G - NEW DUPLEX 4 UNITS 41 STEVEN RILEY 403 MASTERS AVENUE 0 1950 R S G - 42 THOMAS WHITMAN 401 MASTERS AVE R - V - - - VACANT LOT 43 GARDNER CHRIS&LAURA 105 3RD ST S R 1998 R M G - 44 MOSLENER MIKE J&JAN 103 3RD ST R 2000 R W F - 45 COOPER MARK E 101 3RD ST S R 1984 R M G - DUPLEX 46 CR BENSON 500 OAK ST E R 1955 R S F - 47 WHITNEY TYLER 502 E.OAK STREET 0 1950 R W G - 48 KENNETH TAYLOR 100 5TH ST S R 1950 R W P - Vacant/Paper work in process for condemnation RAILROAD ADDITION SOUTH PROPERTY OWNER NAME PROPERTY LOCATION OWNERI 25 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 88 STRUCTURE Residentlal/CommerciaV So 000 SAEiro wao4 BUILT IndustriLVNacern MaaaIN/a1er Good/Fair/Poor Good/Fair/Poor 24 Owners,80 Renters 49 JOE MARTINEZ 104 5TH ST S R 1960 R W G - 50 JAMES BOSTIC 503 MASTERS AVE R 1986 R M G - 51 DAVID MARSHALL 407 MASTERS AVENUE 0 1960 R W G - 52 MAUDE SWEENEY 109 S.FOURTH STREET 0 1948 R S G - UPDATED 53 LORN GIBSON 107 S.FOURTH STREET 0 1955 R S G - UPDATED 54 SHIRLEY VICK 105 4TH ST S 0 1974 R S F - 55 VICK ROBERT&SHIRLEY 103 4TH ST S R 1950 R S G - UPDATED 56 RONALD NAIL 105 S.FIFTH STREET 0 _ 1974 C M G - APARTMENT 57 ALLEN LIVING TRUST WC ALLEN,JR. MASTERS&201 4TH,BLK 28 LOT 1R R 1987 C M G - ALLEN FUNERAL HOME 58 MARK CHANEY 205 4TH ST S R 1940 R S F - 59 LESTER GAYLER,JR. 207 4TH ST R 1955 R W G - 60 SALVADOR MARTINEZ 209 S.FOURTH STREET 0 1940 R M P - 61 JORGE LUNA 211 S.FOURTH STREET 0 1977 R M G - 62 MATTHEW ROBINSON BLK 28 LOT 14R R - V 63 MARSHA CROW 411 E.BUTLER STREET 0 2004 V 64 HENRY WISDOM 406 MASTERS AVE R _ 1948 R W F - 65 LGD PROPERTIES,INC. 404 MASTERS AVE R 2006 R M G - NEW TRIPLEX 66 LGD PROPERTIES,INC. 402 MASTERS AVE E R 2006 R M G - 67 LGD PROPERTIES,INC. 400 MASTERS AVE E R 1935/2006 R M G - MAY HAVE DRAINAGE ISSUES 68 ELLIS LIVING TRUST, ROBERT ELLIS,JR. 201 3RD ST S R 1965 R W F - DUPLEX 69 ROBERT ELLIS,JR. 203 3RD ST S R 1957 R W G - UPDATED 70 MARIA GOMEZ 205 S.THIRD STREET 0 1980 R M G - 71 MARK COOPER 401 BUTLER DR R 1980 R M G - 72 GREGORY BANCEWICZ 403 E.BUTLER STREET 0 1955 R S P - 73 J&K PROPERTIES,LTD. 204 4TH ST S R 1981 R M G - 74 DECKARD LIVING TRUST,OPAL DECKARD 202 4TH ST S R 1956 R M G - 75 MICHAEL WEAVER 200 4TH ST S R _ 1987 R M G - 76 ROBERT ELLIOTT 200 S.THIRD STREET 0 1950 R W F P SOME PAINTING UPDATES DONE 77 LINDA LOGAN 202 S.THIRD STREET 0 1950 R W G - 78 CITY OF WYLIE BLK 30 LOT 6 THRU 9 R - V 79 NORMAN TOLLESON 205 SECOND STREET 0 1965 R W G - 80 LUCILLE JOHNSON 207 2ND ST S R 1965 R S G - 81 JEFFREY GREEN 209 2ND ST R 1965 R W P - 82 JEFFREY GREEN 211 S.SECOND STREET 0 1930 C W G - CHURCH 83 KAREN JOHNSON 210 S.THIRD STREET 0 1989 R M G G 84 MIKE MONGOGNIA 208 S.THIRD STREET 0 1982 R M G - 85 JOYCE MYERS 206 S.THIRD STREET 0 1931 R S P - 86 JAMES LEIDY 204 3RD ST R 1986 R M F - ABANDONED 87 REYNOLDS BERNADETTE R 200 2ND ST S R 1953 R 88 FELIPE GOMEZ 202 2ND ST R 1960 R M G - UPDATED 89 MILFORD FOUNDERS LTD 204 MASTERS AVE R - V 90 TIBBALS INVESTMENTS 202 MASTERS AVE R - V 91 TIBBALS INVESTMENTS 200 MASTERS AVE,BLK 31 LOT 8 9 R - R W P - 92 GTE SOUTHWEST,TAX DEPARTMENT 201 1ST STREET,BLK 31 LOT 10 11 12 R 1950 V 93 KERRY MCCRUM 205 1ST ST S R 1957/87/84 C M G - 94 WATSON LIVING TRUST 211 BUTLER DR R 1977 V VACANT LOT 95 WATSON LIVING TRUST 206&208 2ND STREET,BLK 31 LOT 15 16 R - V VACANT LOTS 96 NANCY WILLIAMS 204 2ND ST S R 1950 R W F - RAILROAD ADDITION SOUTH PROPERTY OWNER NAME PROPERTY LOCATION OWNER/25 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 88 STRUCTURE Residenhal/Commercial/ sminerws4ro,w000 BUILT IndustriaWacant nrasonrvr Other Good/Fair/Poor Good/Fair/Poor 24 Owners;80 Renters 97 TIBBALS INVESTMENTS 105 MASTERS R - C W P - RESIDENTIAL STRUCTURE 98 MILFORD FOUNDERS,LTD. 200 1'STREET R - V VACANT LOT 99 MILFORD FOUNDERS,LTD. 202 1 sr STREET R - V VACANT LOT 100 MILFORD FOUNDERS,LTD. 204&206 1ST STREET,BLK 32 LOT 8A 8B 9 R - V PARKING LOT 101 MILFORD FOUNDERS,LTD. 209 BALLARD S R 1965 C M G - WYLIE FURNITURE STORE 102 TIBBALS INVESTMENTS BALLARD S,BLK 32 LOT 16A R - C 103 TIBBALS INVESTMENTS 207 BALLARD ST R - C 104 TIBBALS INVESTMENTS 205 BALLARD S R 1980 C 105 REYNOLDS BERNADETTE R BLK 33 LOT 1A 2A 3A 4A R - V 106 HE BROWN BLK 33 LOT 26 3B 4C 5B 6B R - V 107 HE BROWN 202 BALLARD ST S R 1979 C M G 108 MAHA AYOUBI 105 STATE HWY 78 S R - V EXISTING SLAB IN PLACE.POOR CONDITION 109 LPT&T 300 BALLARD ST,BLK 34 LOT 1 R R - V 110 KEITH TEAGUE BLK 34 LOT 2R R 2003 C M G G Ill TOMMY PULLIAM 110 CALLOWAY R - V 112 HALLAK OIL,LLC 101 W.BUTLER STREET 0 1995 C M G G REGAL LUSE 113 OLIVER FORBES,LLC,C/O J.KEITH 201 STATE HWY 78 S R 2000 C M G G JACK IN THE BOX RUSSELL ADDITION PROPERTY OWNER NAME PROPERTY LOCATION OWNER/ 8 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK COMMENTS RENTER 11 STRUCTURE Residential/Commercial/ §ynawtic s,din0 wood Good/Fair/ Good/Fair/ BUILT Industrial oruaa000 Poor Poor 1 BISHOP CHARLES V GRAHMANN ROMAN CATHOLIC DIOCESE 410 N BALLARD AVE R V Vacant Sidewalk Condition 2 DOROTHY BOYCE 412 N BALLARD AVE R V Vacant 2 POOR 3 ARCHER W&REBECCA K HENDERSON 405 N BALLARD AV 0 1868 R S G No Sidewalk 1 FAIR 4 ALBERT AND NANCY THOMPSON 404 N JACKSON AVE R 1955 R S G P 8 GOOD 5 LUMMIE WOLFE 406 N JACKSON AVE R 1940 R S G P 6 PATRICIA&SAM SALAMONE 409 N BALLARD AVE 0 1993 R S G G Exterior Condition 7 HABITAT FOR HUMANITY OF SOUTH COLLIN COUNTY TEXAS 500 N JACKSON AVE R 1940/2007 R M G G 2 new homes 1 POOR 8 ALAN R&PATRICIA A GAUTHIER 410 N JACKSON AVE 0 1955 R W G 0 FAIR 9 ALAN R&PATRICIA A GAUTHIER 410 N JACKSON AVE 0 V Combined w/2D 15 GOOD /0 MARTHA JANE WATKINS LOTS 2G&2H 0 1960 R S G G 11 JIM&KAREN KLUGH 509 N BALLARD AVE 0 1959 R W G G Need painting Occupied Units 12 SCOTT LIVING TRUST JOEL&MARGARET SCOTT TRUSTEES 507 N BALLARD AVE R 1956 R S G F Very small sidewalk 18 Residential 13 JERRY DALE COOPER 412 N JACKSON AVE R 1962 R M G 0 Commercial 14 GREGORY T SMITH&CLIFTON T SMITH 414A N JACKSON AVE R 2004 R M G G Duplex 0 Industrial 15 GREGORY T SMITH&CLIFTON T SMITH 414E N JACKSON AVE 0 2004 R M G G Duplex 3 Vacant 16 LAURENCE G DEBERRY,II 419 N JACKSON AVE R 2003 R M G G Duplex,419A&41913 17 RALPH R ROZIER,Ill ETUX 417 N JACKSON AVE R 1960 R S G 18 LGD PROPERTIES INC 415 N JACKSON AVE R 2005 R M G G Duplex,415A&415B 19 HARVIE L AND MARY S MILLER 413 N JACKSON AVE 0 1955 R W P SOUTHSIDE ADDITION OWNER/ 2 YEAR STRUCTURE TYPE EXTERIOR CONDITION SIDEWALK RENTER 22 ST RE Residential/Commerciac sem.or saevwow Good/Fain Good/Fair/ PROPERTY OWNER NAME PROPERTY LOCATION BUILT Industrial gym, n Poor _ poor _COMMENTS 1 MILLS BILLIE RUTH CAMPBELL&CAMPBELL JERRY MONROE 710 BALLARD AVE R 1948 R W F Gravel drive w/detached garage Sidewalk Condition 2 PECAN CREEK DEVELOPMENT 708 BALLARD AVE R 1956 R W F Asphalt drive 0 POOR 3 PIPPIN JOYCE 704 BALLARD AVE S,LOTS 3&4 R 1956 R W F Gravel drive.Pier&Beam construction exposed 0 FAIR 4 WALLACE RANDALL D&AUDREY 7D2 BALLARD AVE R 1940 R V F Concrete front yard/drive 3 GOOD 5 SIMMONS JOHN H&SIMMONS DOROTHY L 700 BALLARD AVE,LOT 6&7 R 1931 R W P Set to Demo 6 MORRIS MIKE 701 JACKSON AVE S R _ 1948 R W P Exterior Condition 7 HICKS LOMETA 703 JACKSON AVE S _ R 1950 R S P 7 POOR 8 LUEVANO JOSE FRANCISCO 705 JACKSON AVE R 1945 R S P 9 FAIR 9 HALE LULA 707 JACKSON AVE S R 1955 R W F 4 GOOD 10 BAPP CHRISTEEN ETAL 709 JACKSON AVE R 1950 R S F 11 KIMBRELL RAYMOND G&GRACIELA D 711 JACKSON ST R 1940 R V 0 Gravel drive.Dwelling update in process Occupied Units 12 KIMBRELL RAYMOND G&GRACIELA D 713 JACKSON S _ R 1958 R V G G Gravel drive.Dwelling update in process 20 Residential 13 J&K PROPERTIES LTD 700 JACKSON AVE R ? V Vacant 0 Commercial 14 J&K PROPERTIES LTD 213 CITIZENS AVE R 1950 R W P Tin Roof 0 Industrial 15 ALMEDARIZ JOSE G&ROSALINDA 203 CITIZENS AVE _ R ? V Vacant lot 4 Vacant 16 CUELLAR DIANE 205 CITIZENS AVE R 1958 R S P (Demolished) 17 CUELLAR SHARON D 211 CITIZENS AVE R ? V Vacant lot 18 CUELLAR SHARON D 701 BIRMINGHAM ST R 1931 V Vacant lot 19 DEBERRY LAURENCE G II 210-212 JACKSON CIR R 2001 R M G G New duplex.Concrete drive 20 HENDERSON JACKIE G 208 STONE RD W R 1960 R S F G Concrete drive 21 CORTEZ LOUIS M 206 JACKSON CIR R 1931 R S P Paper work in the process for condemnation 22 HENDERSON EDNA&T J 204 JACKSON CIR W R 1950 R S F 23 PRATHER JOY 202 JACKSON CIR 0 _ 1950 R S F Gravel drive 24 MCCULLOUGH JOHNNY F JR 710 S JACKSON AVE 0 1971 R M/S G Gravel drive Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 4 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 07/14/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, authorizing the City Manager to negotiate a Service Contract with National Sign Plazas the right to design, erect and maintain directional kiosk signs within the city. Recommendation Motion authorizing the City Manager to negotiate a Service Contract Agreement with National Sign Plazas to grant the right to design, erect and maintain directional kiosk signs within the city. Discussion With the adoption of Sign Ordinance No. 2008-33, replacing and repealing Sign Ordinance No. 2003-14, staff is recommending that Council consider and act upon authorizing the City Manager to enter into a contract for services with National Sign Plazas (NSP). By amending the sign ordinance to create a kiosk program, the City has taken a stance on the direction we envision for our streetscape. The program would also generate a revenue stream for the city in that the builders would lease space from NSP, and NSP in turn would design, erect and maintain all directional kiosk signs within the city. NSP shall provide, at no cost to the city, municipal directional kiosk sign panels, which will comprise up to 10% of all sign panels permitted, for uses of public purpose directional signage to municipal sites, and or events as designated by the city. All kiosk signs, individual panels and locations must be approved by Council prior to installation. All unauthorized, illegally placed and non-permitted signs placed in city rights- of-way may be removed by the city upon discovery and destroyed immediately. The kiosk program provides a means for builders to advertise and maintain a 24/7 coverage. The kiosk program would consist of signs that contain individual panels that are used to promote residential development that provides direction to subdivisions, public facilities, information centers, and/or community events and is located in City rights-of-way. Definition.A kiosk sign is a freestanding structure located in City rights-of-way that features the City of Wylie logo identification panel at the top of each structure. In the body of the sign, it displays directional information to new homes, developments, municipal buildings, events, and facilities. Purpose. The purpose of kiosk signs is to provide direction for homebuyers and citizens to the location of housing developments, homebuilders, public facilities and community events within the city while discouraging the placement of unsightly and hazardous off-site directional signs. Page 1 of 2 Page 2 of 2 National Sign Plazas (NSP)will : A. Market and lease the sign panels to developers, homebuilders, (and/or) local businesses within the city. B. Work with the city to determine optimal placement and quantity of kiosk signs to be installed. C. Collect all rental fees and remit the designated appropriate amount due to the city. D. Construct, install, maintain and repair the kiosk signs at no cost to the city. NSP Kiosk Directional Program offers the City of Wylie: A. A fully managed solution to municipal and homebuilder directional signage. B. A program that provides dedicated directional signage for the City. C. A company that has more experience in the directional sign industry than any other company nationwide. D. A multitude of municipal signage that will further add to Wylie's image and their citizen's quality of life. E. An ongoing, service based relationship with the leader in this sign industry. F. The best administrator for Wylie's directional signage system. Maintenance As this Kiosk Sign Program replaces all other off-site homebuilder signage, as well as all other signs in the right-of-way, NSP will: A. Check each kiosk sign at least once every week, clean it and remove any debris, weeds or grass surrounding the kiosk. B. Maintain, repair, replace and touch-up the Kiosk Sign and/or any and all sign panels as necessary. C. At the City's request and direction,NSP will remove, relocate or repair any sign plaza within 48 hours. D. Four(4) hour emergency removal or repair of an existing plaza. In summary, staff is recommending that National Sign Plazas be the vendor of choice to implement the Kiosk Sign program for the City of Wylie in accordance with Ordinance No. 2008-33. Approved By Initial Date Department Director RO 07/31/08 City Manager 011A (( (C-''c LETTER OF TRANSMITTAL I, Grant Hayzlett. Director of Operations for National Sign Plazas, confer this statement of transmittal with the submission of our proposal to the City of Wylie. TX. National Sign Plazas is submitting this proposal in full receipt and understanding of the terms provided by the City of Wylie in their request for this information. I am submitting this proposal as an authorized representative of National Sign Plazas, Inc. and fully capable of binding the company contractually. My corporate contact information is as follows: Grant Hayzlett Director of Operations 8150 South Akron Street #401 Centennial, CO 80112 T (720)482-9293 F (303) 790-0924 12,havzlett'J nsp.biz COMPANY NAME:National Sign Plazas, Inc. ep"Authorized Signer: Grant Hayzlett Signature: Title: Director of Operations Date: December 18. 2007 NOTARY: Mrs. Con Tiffany Subscribed and sworn before me, this 01'N day of rr'. ' , 2007, a Notary Public in and for the County of Prre2, , state of 0.010roO 0 OTAR r � .� 1" 0 EF= Notary Public •'• . � �� My Commission expires: O3 t Zt t ZO t 1 M1sslon ei4035 All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law MINIMUM STANDARDS National Sign Plazas, Inc. is pleased to represent that we are capable of meting and exceeding all of the minimum requirements for the submission of this proposal. Adequate Financial resources: NSP is fully financially independent and capable of negotiating/maintaining any and all contracts/relationships that are required for the implementation and management of the City's Kiosk Sign Program. Delivery Schedule: With operations in the Dallas MSA since 2003, NSP is capable of exceeding any required schedule for delivery outlined by the City. Satisfactory Record of Performance: In over ten (10) years of business NSP has never been unable to meet the standards/mandates required by our Clients. Satisfactory Record of Ethics: NSP established themselves over ten (10) years ago as an intermediary between two entities (homebuilders and municipalities) long embroiled in a tug-of-war over signage and we have never abused, manipulated or taken advantage of that position. It is our goal to serve both entities with the integrity and ethics that they demand from themselves. Qualified to Receive an Award: With over thirty (30) directional sign and wayfinding programs nationally, NSP is the most qualified company to receive the City's award. FIRM OVERVIEW National Sign Plazas, Inc. (NSP) has been working in the directional sign and homebuilding industry for over 30 years and has been focused exclusively on the design, development and implementation/management of uniform directional sign programs for 10 years (incorporated in 1997). Having worked closely with almost every type of homebuilder, local and national, prefabricated and custom. we have a unique knowledge of the directional needs that every homebuilder is looking to fulfill. However, we also have a unique understanding of the burden that these directional and homebuilder signs place on a City's developmental image. NSP was created for the sole purpose of aiding municipalities in the development of directional sign programs that are targeted at increasing the municipality's presence within their streetscape. City logos, branding and identifications are developed to enhance the respective image of that City and the NSP sign programs are developed to accomplish the same goal. National Sign Plazas acts as an intermediary; providing the City with a uniform, directional sign program that earns the City revenue and providing the homebuilders with the directional signage that they All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 3 need to sell homes. National Sign Plazas does business in the fastest growing and most demanding markets in the nation; Atlanta, Phoenix, Houston, Austin. Dallas. Chicago, Denver and Kansas City. Our business is working with municipal agencies to help them manage homebuilder and municipal directional signage without placing a chokehold on their growth and we do more business, in Texas as well as nationally. then any other company of similar services. NSP currently manages over 30 directional sign programs across the nation and we are signing new clients everyday. Our programs range in size and scale: from fewer then 20 directional panels on 4 sign kiosks (Monee. IL) up to more then 600 directional panels on 85 sign kiosks (Fulton County, GA). Additionally, our programs are designed to incorporate as many or as few directional elements as you would like to see. Some of our programs started as vehicular directional and now dovetail in to pedestrian directional signage (Statham, GA). Other programs encompass park monument signage (Youngtown, AZ) and airport directional signage (Georgetown. TX), however. all of our programs embody the same goals: Eliminate unsightly off-sire signage while establishing sign uniformity Enhance the streetscape and Community Identity surrounding the program Design elements that become synonymous with our Client's programs and Maintain an ongoing and mutually beneficial relationship with our Clients Our expertise is creative problem solving and those solutions directly impact and benefit our clientele. This is most easily described in the evolution of our sign plaza program. We developed and installed the first sign plaza program in conjunction with a municipal agency (Cherokee County. GA) based on our understanding of the homebuilder signage market. We successfully identified these homebuilder products as a need for new home sales, but we were also successful in identifying the negative impact that they placed on the surrounding environment. NSP was born in an effort to service both entities and solve both problems. In fact, National Sign Plazas brought these programs to the State of Texas over 5 years ago with our installation of the directional program in the City of Pflugerville(Austin MSA). All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 4 We are fully equipped to handle all of Wylie's needs and will develop a program that has been designed and customized to their standards so that they may continue to stand out from all others. National Sign Plazas Uniform Directional Program offers the City of Wylie: A fully managed solution to homebuilder and municipal directional signage A program that provides dedicated directional signage for the City A company that has more experience in the directional sign industry than any other company nationwide • A multitude of municipal signage that will further add to Wylie's mage and their citizen's quality of life • An ongoing, service based relationship with the leader in this sign industry • The BEST administrator for Wylie's directional signage systems All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 5 INSURANCE COVERAGE LIMITS Through our independent agent, Mr. Jim Capponi of Malloy, Imrie and Vasconi Insurance Services, LLC, of St. Helena, California, we have acquired the following coverage: GENERAL COMMERCIAL AND PROPERTY DAMAGE LIABILITY: $2,000,000.00 Both are Policy Number 3539-05-08 AUTOMOBILE LIABILITY: $1,000,000.00 Policy Number 7499-63-71 ADDITIONAL UMBRELLA COVERAGE: $3,000.000.00 Policy Number 7984-11-52 CARRIER FOR ABOVE: Chubb Group of Insurance Companies Federal Insurance Company Renewal Date December 1, 2006 WORKER'S COMPENSATION: $1,000,000.00 Policy Number 21 WEC GF8066 CARRIER: The Hartford Renewal Date November 9, 2007 City of Wylie, Texas will be named as additionally insured party. Proof of continuous coverage shall be supplied on each anniversary date if requested. All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 6 EXPERIENCE Since June of 1997, National Sign Plazas has contracted with 34 new clients in 6 different and challenging States. A list of our current clients is below (those highlighted in red have joined NSP since 2004) and I am certain that all of them would give the City of Wylie a strong recommendation to work with National Sign Plazas: Arizona Colorado Georgia City of Surprise City of Evans Cherokee County City of Youngtown C'Ity of Johnstown Fulton County City of El Mirage City of Firestone Walton County Douglas County Texas Illinois Woodstock County City of Round Rock Village of Plainfield Dawson County City of Leander Village of Minooka City of Holly Springs City of Pflugerville Village of Lockport City of Villa Rica City of Hutto Village of Peotone City of Statham City of Pearland Village of Monce I umpkin County City of Little Elm Village of Shorewood City of Powder Springs City or Rosenberg City of Richmond Missouri City of Conroe City of Peculiar City of Georgetown City of Belton Cite of Alvin City of Kyle City of Royse City The following case studies are examples of how the NSP programs will positively impact those municipalities employing their efforts. Village of Plainfield, IL: In 2004, based on a recommendation from the Homebuilders Association in Atlanta, GA. NSP was contacted by the Homebuilders Association of Greater Chicago (HBAGC) to assist them in a problem area; the Village of Plainfield. Plainfield had been, and continues to be, one of the fastest growing suburbs in Chicagoland. The homebuilders in the area had been battling with the Village for years regarding directional signage and it became so bad that the Village had implemented a no-tolerance policy and entertained the idea of fines for the placement of directional signs. We spoke with the HBAGC CEO, Peter Schwartz, and shortly thereafter with All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 7 the Village staff. In a few short months following our first introduction to the Village they had signed a contract for services with NSP. The homebuilders quickly joined on to the idea and we installed an office in the immediate area. We now have more then 150 directional panels on 27 directional kiosks in the Village of Plainfield and the program has been so effective that we have signed 4 of the surrounding communities in to the program. This project has no budgetary or actual costs as the program comes free to the Village. Based on the layout within the Village of Plainfield there was a need to install several locations within a general proximity to several citizen's homes. NSP spearheaded the effort to meet with each homeowner individually and to explain the process of the directional sign program in detail. Additionally, we worked with each homeowner to identify the ideal location for these kiosks and adjusted our map accordingly. We did not receive a single objection to the placement of our kiosks from any of these adjacent homeowners. To date. the Village of Plainfield has generated Thirty One Thousand Two Hundred and Twenty ($3 1,220.00) of revenue. City of Pearlcmcl, TX: Pearland is one of most recent clients: signing on to our program in July of 2006. When the City of Pearland contracted with us they had two different directional systems running throughout their City. This was a product of several attempts by the homebuilders to install and manage their own directional sign program(s). One of the programs was removed by NSP shortly after contracting with Pearland. but the other had been installed strictly on private property and it was difficult for the City to gain land-owner permission to access these signs. After a couple of weeks, NSP was able to get in contact with the company that was managing the signs and negotiated with them to gain control over the management/ownership of the program. In less then 1 month after the execution of our contract with the City of Pearland. NSP had positively impacted the landscape of their City by removing more then 25 unsightly and non-conforming signs throughout Pearland. During our efforts to remove these dilapidated signs from the City we were also putting forth maximum effort to gain the homebuilder's interest in the new kiosk directional program. Within the first 6 months NSP installed 42 directional panels on 20 kiosk locations and our program has continued to gain momentum everyday. We currently have 250 panels on 42 Iocations and we continue to add new customers every day. All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 8 Based on the layout of the City of Pearland, NSP had to negotiate the directional map around 2 major State Roads; one of which is the main East/West route through the City. By utilizing adjacent crossroads and private property along the State road we were able to provide motorists with visible and functional kiosk locations. Additionally, we are working with several local businesses. including Keep Pearland Beautiful, to draft new efforts to cleanup the roadsides. We have initiated talks with their membership to organize community clean-up and environmental impact days. It is our hope that we can establish these efforts as a revolving event that will better the City of Pearland outside of directional signage. To date. the City of Pearland has generated Fifteen Thousand Dollars ($15.000.00) of revenue. City of Surprise, AZ: The City of Surprise did not sign their first agreement with National Sign Plazas prior to 2002. but they did choose to renew their contract with us in that year. The City of Surprise has been one of our shining stars from the very first efforts that we had put forth in the City. Based on the nature of their development, we were able to immediately impact their City streetscape. The City's program quickly blossomed from 100 panels on 20 kiosk Iocations, to over 400 panels on almost 50 kiosk locations. We have secured a long lasting support from the homebuilders and citizens in the area, as well as that of the City and its citizens. Now, as the City continues to grow, they have contracted with us to design, fabricate and install signage for their parks, streets and even their new Civic Center. The City of Surprise is an example of exactly what we want our relationships with our clients to be; long lasting. mutually beneficial and positively impactful on the surrounding area. The City of Surprise generates over Forty Five Thousand Dollars ($45,000.00) of revenue annually. Throughout all of our client contracts/relationships we have taken a distinct effort to help resolve any problem(s) that have impacted their rights-of-way or general directional signage issues negatively. From an interface with the HBA to the removal of unsightly signage to the progression of other directional signage throughout the City. NSP provides ongoing consultant services to our all of our clients that are targeted at solving new and ongoing problems within their community. All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 9 DISCLOSURES National Sign Plazas. Inc does not have any vested interest in the award of this Directional Kiosk Program other then the betterment of the City of Wylie. There are no ulterior motivations or personal/professional conflicts of interest to disclose. National Sign Plazas, Inc. works to maintain our high standards of ethical business practices. We are not now, nor have we ever been. involved in litigation or sanctions attached to any of our personnel. It is our goal and practice to operate with the utmost attention to character and value, regardless of circumstance(s). An executed copy of Form CIQ is attached to this proposal. REFERENCES The City of Pflugerville (512) 252-8469 \vww.citvolpfuuerville.com Attn: Mr. Blake Overmyer. Building Official 100 East Main, Suite 200 Pflugerville, Texas 78691 The City of Pearland. TX (281) 652-1600 ww v.ci.pearland.tx.us Attn: Nick Finan,Assistant City Manager 3519 Liberty Drive Pearland,TX 77581 The City of Round Rock. TX (512) 218-5400 www.surpiseaz.com Attn: Jim Stendebach. Planning Director 221 East Main Street Round Rock, Texas 78664 The City of Leander,TX (512) 528-2762 ww.ci.leander.tx.us Attn: Mr. Jim Bechtol, Community Development Director P.O. Box 319 Leander. Texas 78646 The City of Hutto (512) 759-4018 www.huttotx.com Attn: Mr. Hollis Smith, Director of Public Works 356 CR 199 Hutto, Texas 78634 All information contained within this Proposal is submitted to the City of Wylie in trust and shall not be delineated to anyone outside of the City except as governed by law 10 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 5 Department: Public Services (City Secretary's Use Only) 112-5614-56040 - $72,000 Prepared By: Mike Sferra Account Code: 100-5511-56040 - $4,500 Date Prepared: July 22, 2008 Budgeted Amount: $76,500 Exhibits: One (Proposal) Subject Consider, and act upon, authorizing the City Manager to enter into a contract, in the amount of$76,500.00, with Half Associates, Inc. for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. Recommendation Motion authorizing the City Manager to enter into a contract, in the amount of $76,500.00 with Halff Associates, Inc. for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. Discussion On April 8, 2008, City Council authorized the City Manager to negotiate a professional services contract with Halff Associates, Inc. for the City of Wylie Parks, Recreation and Open Space Master Plan. This approval followed a formal RFP process and presentation to City Council by the two highest-ranking firms identified in the RFP process. Halff Associates, Inc. submitted a proposal and met with staff to discuss the project scope and fees. The overall project will develop and update the City of Wylie Parks, Recreation and Open Space Master Plan and include a Master Plan Concept for the Wells Property. At the April 8, 2008 Council meeting, the City Council voiced the importance of developing a master plan concept related to the Wells Property that would facilitate its future development. The attached proposal outlines the suggested approach for the project. The effort involves opportunities for a considerable amount of face-to-face public input as well as input from the City Council, Park and Recreation Board, and various stakeholders such as youth, athletic leagues, senior, HOAs, seniors, etc. The proposal also includes a detailed phone survey of 200 Wylie residents selected at random, a needs assessment update, cost and phasing estimates, and preparation of a Final Master Plan report for City Council adoption. Approved By Initial Date Department Director MS 7/ 2/0 City Manager �� Page 1 of 1 HALFF 1, owser Richardso1201TexasNi.. Bowser �� 75081 (214)346-6200 Fax(214)739-0095 July 22, 2008 Mr. Mike Sferra, Dir.of Public Services Prospect: 1008085762 City of Wylie 949 Hensley Lane Wylie,Texas 75098 Reference: Proposal to prepare the City of Wylie Parks, Recreation and Open Space Master Plan and a Master Plan Concept for the Wells Property Dear Mr. Sferra: Per your request, Halff Associates is pleased to submit this proposal to assist the City of Wylie in the development and update of the Wylie Parks, Recreation and Open Space Master Plan including a Master Plan Concept for the Wells Property. The Parks Master Plan update will be prepared so that it can be submitted and approved by the Texas Parks and Wildlife Department. Much of the work will be conducted using a public input forum, which is proposed to occur at specific intervals during the planning process. The proposed scope and fees are as follows. PHASE 1 — PRE-PLANNING Task 1-A—Kickoff meeting with City of Wylie staff • Define key issues for review and update. • Determine key entities/stakeholders that should be part of the planning process update. • Conduct windshield tour of existing facilities to be added to inventory. Deliverables: HA shall prepare meeting agenda, initial exhibits to aid discussion, and meeting notes. Items Provided by City of Wylie-City shall recommend staff to attend, place of meeting,provide data as required to begin planning process. (1)Meeting with Staff Task 1-B—Update inventory of existing facilities: • City of Wylie to provide list of existing parks and recreation facilities. • No detailed conditional assessment tours will be provided in this scope, but Half will incorporate staff evaluations and recommendations for individual park and recreation facility improvement. • Update mapping to show existing parks. Deliverable: One PDF file describing the inventory of existing facilities. HA shall prepare a map that illustrates the geographic location of parks in the city. HA shall develop a table itemizing inventory of facilities in each park,classified by park type. Items Provided by City of Wylie -The City shall provide a copy of site plans for each existing park in the city (as available). The City shall provide data for each existing park, including address, size, current classification, and inventory of existing facilities in each existing park. The City shall provide a summary of known information on regional park facilities and other major area recreational attractions, including location, size,types of facilities, and annual or event attendance (known or estimated). ■�■ City of Wylie-Citywide Parks Master HALFF Plan Update July 2008 Page 2 Task 1-C— Public Input/Meetings: Assist City of Wylie in conducting a public meeting to gather input and feedback from its citizens, boards/ organizations and city leaders. Advertising for meetings to be provided by the City of Wylie. Halff will prepare presentation and maps for meetings, lead input during meetings, and document comments through meeting notes. • One (1) Parks Advisory Board/Public Meeting to be scheduled during and after a regularly scheduled PAB meeting. • Conduct one (1)focus group meeting with up to two(2) or three (3) key stakeholder groups or organizations collectively for public input. Key stakeholders may include: - Senior Citizens; - Development Community; - Key community leaders or recreation providers as recommended by City Staff; - Arts Board; - Sports Organizations; - Business Owners and Developers; - Home Owner Associates Groups;and - Youth Committee. • Conduct one (1)joint worksession meeting with City Parks Advisory Board and City Council at the end of the Parks Master Planning process. Deliverable: One PDF file describing the outcome of the public input meetings Items Provided by City of Wylie - The City shall make recommendations for persons to be interviewed; set up meetings where necessary;and attend meetings as desired or appropriate. (3)Meetings Task 1-D—COLLECT DATA ON SPORTS LEAGUES AND ASSOCIATIONS • HA shall conduct a meeting with local athletic associations. HA shall prepare an information request form for distribution to leagues and other facility users, and assist each league in obtaining and completing the information request. HA shall assemble data on leagues, associations and other entities that use recreation facilities provided by the City of Wylie or other semi-public or public facilities. HA shall include select and club teams in facility discussions. • HA shall summarize information on programs and leagues in table and text format. Deliverable: HA shall prepare meeting notes of meetings with each association, league or group, and prepare a summary of usage, request or requirements. Items Provided by City of Wylie - The City shall provide league program data, including number of teams, numbers of participants, breakdown by age and sex (where applicable), city program participation records for past three years, other non-city program data, and other participant data as available.The City shall organize meetings with leagues/groups and distribute information request form as necessary. (1)Meeting with Leagues (This may also be treated as an additional focus group meeting and involve other key stakeholders). Task 1-E—Telephone Survey(OPTIONAL) Prospect: 1008085762 ■�■ City of Wylie-Citywide Parks Master Plan Update MIN HAL.FF July 22,2008 Page 3 • Prepare questionnaire for telephone survey(5-8 minute survey,generally 2 pages in length). Review with City staff via telephone conference and modify as appropriate. Obtain City approval of survey prior to administering the survey. • Obtain appropriate random list of addresses or phone numbers for telephone survey. Divide city into three to four sections for purposes of the survey, using previously identified plans as a basis for the survey. Prepare a total of 200 completed responses. • Analyze responses and prepare summary of key responses in report format for the City. Deliverable: One printed report that presents the results of the telephone survey Items provided by City of Wylie -The City shall provide input for and approval of the questions to be drafted for the survey. Task 1-F—Update Needs Assessment developed in Previous Parks Master Plan • Develop additional standards as necessary per staff input. • Compare to quantities of newly acquired acreage and built facilities. • Compare to usage numbers provided by the City of Wylie. • Conduct up to two (2) Staff meetings to help facilitate, review and coordinate during the Master Planning process. Additional meetings up to four(4) can be conducted at the office of the consultant to help with budgeting and time management. Deliverable: One PDF file describing the Parks Master Plan needs assessment Items provided by City of Wylie - The City shall provide population information (in digital form if available), including existing population by Census tracts, population projections, demographic characteristics,and year 2000 Census data. (2)Staff Meetings PHASE 2-MASTER PLANNING CONCEPT FOR THE WELLS PROPERTY Task 2-A — Pre-design — In this task we will visit the park site with staff to review the sites existing conditions. Building on the information and site reviews conducted, we will assemble information on the site that may be pertinent to the design of the park, such as potential utility service, current and future building improvements, planned road improvements and other key information. We will assemble a preliminary program of potential recreation uses for the site which will assist in the development of the master plan for the park. Task 2-B—Charette to Develop Master Plan Ideas and Strategies for the Wells Property • Conduct a one (2)two hour charette with staff, Parks Advisory Board and other key city stakeholders to develop ideas to address the proposed development of the Wells Property. • Summarize key ideas in graphic and text format for review by participants. Task 2-C — Concept Design — We will 1st prepare a site analysis board, develop two (2) preliminary concepts for the Wells Property Site showing all proposed park components, trails and trail heads. We will illustrate the potential location of trails, overlooks, pavilions, open space areas, and other recreation facilities, as well as the potential location of support infrastructure such as parking and future buildings. The concept plan will be in color at a suitable scale, and will be reproducible at 11" x 17"size as well. Prospect: 1008085762 ■•■;;; HALFF Master Plan Update City of Wylie-Citywide Parks July22,2008 Page 4 The refined concept plan will be reviewed with the City staff, and will be refined based on the comments received. After staff review,the plan will be reviewed with the citizens of the City in a workshop/public meeting, and comments received during that meeting, if appropriate,will be incorporated into the plan. The refined concept plan will be presented to Park Advisory Board for final approval. Task 2-D—Cost Estimates and Phasing —Cost estimates for the refined concept plan will be developed. After these are prepared, Half will suggest phasing options Deliverable: One (1) full size color print and one (1) PDF file describing the master plan ideas and strategies for the Wells Property. Items Provided by City of Wylie -The City shall establish location and time for meetings. (1)Two Hour Charette PHASE 3—PARKS MASTER PLAN REPORT Task 3-A—Prepare Master Plan Recommendations-Draft recommended changes to the existing Parks Master Plan document. • Prepare overall parks master plan graphic to show recommendations of the revised Parks Master Plan. • Develop new priority list for Parks Master Plan for grant purposes • Develop updated action plan for Parks Master Plan. • Prepare estimated costs for Parks Master Plan recommendations for budgeting purposes. • Review with staff and Parks Board in one (1)Worksession. • Modify once per comments received. Deliverable:Two (2) black&white draft reports; and one PDF draft file. Items Provided by City of Wylie -The City shall print copies as needed for distribution to Park Board and Staff for final review of the document. (1)Parks Board worksession Task 3-B— Prepare Final Report for City Council Adoption • Submit two (2)draft color copies and a PDF file for printing and review by City staff and City Council • Review in one (1)worksession with City Council • Modify per council comments • Present to City Council for adoption Deliverable:Two (2)draft color reports, PDF file of the final report. Items Provided by City of Wylie -The City shall print copies as needed for distribution to Park Board, City Council and Staff for final review and approval of the document. (1)Council worksession and (1)final Council meeting Task 3-C—Submit digital copy for printing • Prepare one (1)color report and two (2) compact discs of final report, and submit to city for final printing. Deliverable: One (1) color report finals, PDF file and compact disc of the final report. Prospect: 1008085762 IIIHALF F City of Wylie-Citywide Parks Master Plan Update N:� July 22,2008 Page 5 FEE PROPOSAL Fees for the master planning process and scope of work as discussed above are as follows: PHASE I— PRE-PLANNING Task 1-A— Kickoff meeting with City of Wylie staff $ 1,500 Task 1-B—Update Inventory and Citywide Mapping of Existing Facilities $ 3,500 Task 1-C— Public Input Process $12,500 Task 1-D—Collect Data on Sports Leagues and Associations $ 1,500 Task 1-E—Telephone Survey $ 6,000 Task 1-F—Update Needs Assessment developed in previous Master Plan $ 4,500 Subtotal Phase I $29,500 PHASE II—WELLS PROPERTY MASTER PLAN Task 2-A—Pre-design $ 1,500 Task 2-B—Charette $ 6,500 Task 2-C—Concept Design $13,500 Task 2-D—Cost Estimates and Phasing $ 1,500 Subtotal Phase II $23,000 PHASE III—PARKS MASTER PLAN REPORT Task 3-A—Prepare Master Plan Recommendations $13,000 Task 3-B—Prepare Final Report for City Council Adoption $ 5,000 Task 3-C—Submit digital copy for printing $ 1,500 Subtotal Phase III $19,500 Total Proposed Fees $72,000 Reimbursable Expenses(estimated) $ 4,500 Total Proposed Cost $76,500 Additional Services Meetings not reflected in the scope of this document, are deemed additional services for which fees will be charged at an hourly rate. If this proposal is satisfactory, please sign two copies of the proposal and return one copy to our office for record keeping. We are prepared to schedule this process immediately, and greatly appreciate the opportunity to assist the City of Wylie. Prospect: 1008085762 HALF F City of Wylie-Citywide Parks Master Plan Update ... July 22,2008 Page 6 Sincerely, enny Hughes, RLA Vice President Halff Associates Inc. Proposal Accepted: City of Wylie Halff Associates Inc. • Signature Si n to Title Title July 22, 2008 Date Date Prospect: 1008085762 it? Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 6 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 1, 2008 Budgeted Amount: Resolution, Effective tax rate Exhibits: Worksheet Subject Consider, and act upon, Resolution No. 2008-31(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2008-2009; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. Recommendation Motion approving Resolution No. 2008-31(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2008-2009; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearing must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate of$.716909, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 21, 2008. A 2nd public hearing is scheduled for August 26, 2008. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 9, 2008. The proposed budget is based on a tax rate of$0.8989 per $100 valuation. This year's Rollback Tax Rate is $.930346/100. Any change in the proposed rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in Taxation" guide. Page 1 of 2 Page 2 of 2 The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Approved By Initial Date Department Director LW 8/1 08 City Manager frA (,) RESOLUTION NO. 2008-31(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2008-2009; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING DATES FOR PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICAITON AS PROVIDED BY THE TEXAS PROPERTY TAX CODE. WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the proposed tax rate exceeds the effective tax rate and the Statute requires two public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed tax rate of$0.8989 per $100 valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the specific procedures in which to consider the proposed tax rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.8989 per$100 valuation as the proposed property tax rate for fiscal year 2008-2009. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 12, 2008, and accepted this resolution with a majority vote as follows: Mayor Eric Hogue YEA NAY ABSTAIN ABSENT Mayor Pro Tern Red Byboth YEA NAY ABSTAIN ABSENT Councilmember Kathy Spillyards YEA NAY ABSTAIN ABSENT Councilmember Richard White YEA NAY ABSTAIN ABSENT Councilmember Merrill Young YEA NAY ABSTAIN ABSENT Councilmember David Goss YEA NAY ABSTAIN ABSENT Councilmember Carter Porter YEA NAY ABSTAIN ABSENT SECTION 3. Public hearings shall be held on August 21, 2008 and August 26, 2008, at 6:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas, to receive public comment regarding the proposed tax rate. SECTION 4. The content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. Resolution No.2008-31(R) Proposed Property Tax Rate FY2008-09 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 12th day of August 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-31(R) Proposed Property Tax Rate FY2008-09 PROPERTY TAX DISTRIBUTION CALCULATIONS FY2008-09 FY2007-08 Tax Year 2008 Tax Year 2007 TAX ROLL: Assessed Valuation(100%) $2,184,286,248 $2,024,768,993 Rate per $100 0.89890 0.73325 Tax Levy Freeze Adjusted 19,634,549 14,846,619 Tax Levy - Frozen(Disabled/over 65)* 491,418 415,550 Total Tax Levy 20,125,967 15,262,169 Percent of Collection 100% 100% Estimated Current Tax Collections $ 20,125,967 $ 15,262,169 SUMMARY OF TAX COLLECTIONS: Current Tax $ 20,125,967 $ 14,846,536 Revenue From Tax Freeze Property 491,418 415,550 Delinquent Tax 342,141 252,404 Penalty and Interest TOTAL TAX COLLECTIONS $ 20,959,526 $ 15,514,490 DISTRIBUTION: FY2008-09 FY2008-09 PERCENT FY2008-09 FY2007-08 TAX RATE OF TOTAL AMOUNT AMOUNT GENERAL FUND: Current Tax $ 0.56195 $ 12,581,808 $ 11,378,106 Revenue From Tax Freeze Property 307,211 318,470 Delinquent Tax 213,890 193,438 Penalty and Interest Total General Fund $ 0.5620 62.515% $ 13,102,910 $ 11,890,014 DEBT SERVICE FUND: Current Tax $ 0.33695 $ 7,544,159 $ 3,468,429 Revenues From Tax Freeze Property 184,207 97,081 Delinquent Tax 128,251 58,967 Penalty and Interest Total Debt Service $ 0.33695 37.485% $ 7,856,616 $ 3,624,477 DISTRIBUTION $ 0.8989 100.000% $ 20,959,526 $ 15,514,491 71 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 7 (City Secretary's Use Only) Department: Finance Prepared By: Larry Williamson Account Code: See Exhibit A Date Prepared: August 1, 2008 Budgeted Amount: $ 100,980 Exhibits: Exhibit A Subject Consider, and act upon, Ordinance No. 2008-37 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $100,980, to increase fuel and lubricants accounts as specified in Exhibit A attached; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2008-37 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $100,980, to increase fuel and lubricants accounts as specified in Exhibit A attached; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion As everyone is aware motor fuel prices have experienced a major increase during the current budget year. This increase has caused many City departments to be short in their Fuel and Lubricants accounts. These departments lack the funds to finish the current budget year. This amendment is necessary to add additional funds to those accounts specified in Exhibit A. Approved By Initial Date Department Director LW 8/6/0 City Manager S (1)� Page 1 of 1 ORDINANCE NO. 2008-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2007-29 (2007-2008 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $100,980 TO INCREASE FUEL & LUBRICANTS ACCOUNTS AS SPECIFIED IN EXHIBIT A ATTACHED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it needs to increase appropriations for fuel & lubricant accounts in various City Departments because of unanticipated increase in the price of motor fuel during the budget year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2007-29 (2007-2008 Budget). Ordinance No. 2007-29 (2007-2008 Budget) is hereby amended to allow for increases in appropriations for the accounts specified in Exhibit A (attached). SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. Ordinance No.2008-37 Ordinance Amending 2007-2008 Budget (Appropriation of Funds-Fuel and Lubricants Accounts) Page 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of August, 2008. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2008-37 Ordinance Amending 2007-2008 Budget (Appropriation of Funds-Fuel and Lubricants Accounts) Page 2 EXHIBIT A City of Wylie Budget Amendments for Fuel Proposed Department Account Number Purpose Amendment Police 100-5211-52310 Fuel & Lubricants $ 48,840 Fire 100-5231-52310 Fuel & Lubricants 26,560 Streets 100-5411-52310 Fuel & Lubricants 10,750 Parks 100-5511-52310 Fuel & Lubricants 7,800 Recreation 100-5521-52310 Fuel & Lubricants 1,750 UT Water 611-5712-52310 Fuel & Lubricants 4,000 Engineering 611-5713-52310 Fuel & Lubricants 1,000 UT Meter Readers 611-5715-52310 Fuel & Lubricants 280 Total $ 100,980 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: August 12, 2008 Item Number: 8 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: July 8, 2008 Budgeted Amount: N/A Exhibits: 3 Subject (MOTION TO REMOVE FROM TABLE) Consider, and act upon, Resolution No. 2008-26(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. Recommendation Motion to approve Resolution No. 2008-26(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. Discussion The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. Total project cost is projected to be $8,298,750 and the County participation is $4,149,375. Funding for the City's portion of the project will be through Thoroughfare Impact Fees or though a future bond program. The County will be releasing $500,000 in 2008 to start the design of the project. The County previously completed an alignment study for the roadway which was approved by Council on July 8, 2003. Approved By Initial Date Department Director C�/H n 7/08/08 City Manager V r (� 6s Page 1 of 1 RESOLUTION NO. 2008-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF McMILLEN ROAD FROM EAST OF McCREARY ROAD TO FM 1378. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the construction of McMillen Road from east of McCreary Road to FM 1378, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of August, 2008. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-26(R) Interlocal Agreement with Collin County McMillen Road/East of McCreary Road to FM 1378 EXHIBIT "A" Interlocal Agreement Resolution No.2008-26(R) Interlocal Agreement with Collin County McMillen Road/East of McCreary Road to FM 1378 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR CONSTRUCTION OF McMILLEN ROAD FROM EAST OF MCCREARY RD TO FM 1378 BOND PROJECT #07-091 (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of McMillen Road and other improvements from east of McCreary Road to FM 1378 in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to McMillen Road, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,000 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total cost of the Project to be $8,298,750, which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The County agrees to fund one half of the total cost of the Project in an amount not to exceed $4,149,375 (the "Funds"). The total amount of Funds ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 1 521932.v2 remitted by the County during 2008 shall not exceed $500,000 The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the Funds not already disbursed for engineering costs under(a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost of the Project is less than the estimated cost of $8,298,750, the City shall reimburse the County so that the County will have only paid fifty percent(50%) of the actual cost of the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 2 521932.v2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 3 521932.v2 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 that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of , 200_, by the County of Collin, pursuant to Commissioners' Court Order No. . ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. 2008-26(R) APPROVED AS TO FORM: By: Name: Title: City Attorney Date: ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 4 521932.v2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 9 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: July 8, 2008 Budgeted Amount: N/A Exhibits: 3 Subject Consider, and act upon, Resolution No. 2008-27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. Recommendation Motion to approve Resolution No. 2008-27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. Discussion The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. Total project cost is projected to be $12,330,000 and the County participation is $5,021,250. The City funded $10,387,500 in the 2005 Bond Program and $3,277,936.17 was spent for the construction of Stone from Ballard to Akin Lane. The County will be releasing $500,000 in 2008 to start the design of the project. Approved By Initial Date Department Director CH 7/08/08 City Manager inf(\ 1-7fr• Page 1 of 1 RESOLUTION NO. 2008-27(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF STONE ROAD FROM AKIN LANE TO COUNTY LINE ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the construction of Stone Road from Akin Lane to County Line Road, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of August, 2008. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-27(R) Interlocal Agreement with Collin County Stone Road from Akin Lane to County Line Road EXHIBIT "A" Interlocal Agreement Resolution No.2008-27(R) Interlocal Agreement with Collin County Stone Road from Akin Lane to County Line Road INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF STONE ROAD FROM AKIN LANE TO COUNTY LINE ROAD BOND PROJECT #07-084 (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Stone Road and other improvements from Akin Lane to County Line Road in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Stone Road, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 10,000 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total actual cost of the Project to be $10,042,500, which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The County ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 1 521931.v2 agrees to fund one half of the total cost of the Project in an amount not to exceed $5,021,250. (the "Funds"). The total amount of Funds remitted by the County during 2008 shall not exceed $500,000. The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the remaining Funds not already disbursed for engineering costs under(a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual costs of the Project is less than the estimated cost of $8,298,750, the City shall reimburse the County so that the County will have only paid fifty percent(50%) of the actual cost of the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ILA between Cohn County and the City of Wylie re: Stone Rd.(Project#07-084) Page 2 521931.v2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 3 521931.v2 ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity 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 that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 200_, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. 2008-27(R) APPROVED AS TO FORM: By: Name: Title: City Attorney Date: ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 4 521931.v2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 10 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: August 4, 2008 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2008-32(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Recommendation Motion to approve Resolution No. 2008-32(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Discussion The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to Ballard Avenue include approximately 6,300 linear feet of 4-lane divided concrete roadway with underground storm sewer. Collin County is funding the project and the City of Wylie will administer the funds including selecting the engineer, acquiring the necessary right of way and awarding a construction contract. Total project cost is projected to be $5,400,000. The County will be releasing $540,000 in 2008 to start the design of the project. Approved By Initial Date Department Director CH 8/4/08 City Manager Mil IAA /i (c1< Page 1 of 1 RESOLUTION NO. 2008-32(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this the 12th day of August, 2008. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-32(R) Interlocal Agreement with Collin County Ballard Avenue between Alanis Drive to Collin County Line EXHIBIT "A" Interlocal Agreement Resolution No.2008-32(R) Interlocal Agreement with Collin County Ballard Avenue between Alanis Drive to Collin County Line INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COUNTY LINE,BOND PROJECT #07-089 (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Ballard Avenue and other improvements from Alanis Drive to the County Line in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Ballard Avenue, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,300 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total actual cost of the Project to be $5,400,000, which shall include land acquisition, engineering, construction, inspection, testing, street Page 1 lighting, and construction administration costs including contingencies. The total amount of Funds remitted by the County during 2008 shall not exceed $540,000. The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the remaining Funds not already disbursed for engineering costs under(a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. Page 2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. Page 3 ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity 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 that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 200_, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE, TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. 2008-32(R) APPROVED AS TO FORM: By: Name: Title: City Attorney Date: Page 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 11 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: August 4, 2008 Budgeted Amount: N/A Exhibits: Occupancy Agreement Subject Consider, and act upon, approval of an Occupancy Agreement with the Texas Department of Transportation for FM 1378 from FM 544 to FM 2514 (Parker Road). Recommendation Motion to approve an Occupancy Agreement with the Texas Department of Transportation for FM 1378 from FM 544 to FM 2514 (Parker Road) Discussion The City Manager and staff met with the Texas Department of Transportation on July 28, 2008 to discuss the status of the removal of FM 1378 from the state system. TxDOT indicated that the Texas Transportation Commission will consider the roadway removal on their September or October meeting. The temporary detour around the new City facilities must be constructed prior to the construction of the buildings. TxDOT recommended the approval of an Occupancy Agreement which will allow the City to proceed with the necessary construction until the removal is completed. Approved By Initial Date Department Director CH 8/4/08 City Manager Page 1 of 1 Form ROW-N-19 Rev.3/2004 GSD-EPC Page 1 of 2 OCCUPANCY AGREEMENT THE STATE OF TEXAS § County: § District: COUNTY OF § Federal Project No.: ROW CSJ No.: Parcel No.: This agreement entered into this day of , 2008 by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and City of Wylie, hereinafter called the City, WITNESSETH: In consideration of the State's allowing the City to occupy the premises located in Collin County, Texas and described by the attached metes and bounds description (the "Property"), which are required by the State for highway purposes,the City agrees as follows: 1. City acknowledges that City has inspected the property and is occupying the premises "AS IS" with all faults. City hereby waives any and all causes of action, claims, demands, damages and liens based on any warranty, expressed or implied, including but not limited to any implied warranty of suitability for a particular purpose and any warranty of habitability. City shall indemnify and hold harmless, to the extent allowed by law, the State, its successors and assigns and its agents, representatives and employees ("Indemnified Parties"), against any and all proceedings, suits, actions, claims, damages, judgments, liabilities, awards and expenses whatsoever("Claims") which may be brought or instituted on account of or growing out of any and all injuries or damages, including death, to persons or property relating to any occurrence in, upon, at or from the premises or any part thereof, and all losses thereto, including but not limited to, all costs of defending against, investigating and settling the Claims. 2. Occupancy shall terminate when the State transfers ownership of the property to the City. If during this occupancy agreement the State determines that the premises occupied by the City is needed immediately by the State for highway purposes, the State has the right to terminate this agreement. The State shall notify the City in writing and give the City days to vacate the premises. 3. Said occupancy shall be for the benefit of the City exclusively, and City acknowledges that said occupancy hereunder shall be for the sole benefit of said City and that no payment has been made or is to be made to the State for use of said premises, and any attempt to assign such benefit, or to lease, rent, sublet or in any manner suffer or permit occupancy of said premises by a third party shall automatically suspend the operation of this agreement. 4. City shall make every reasonable effort to keep improvements in good repair and shall exercise such diligence as may be necessary to protect same from damage. 5. It is understood that the terms of this agreement apply only to the land and improvements for which title is acquired in the name of the State. 6. City agrees to notify the State upon vacating the premises. 7. The State's employees or agents will be permitted to inspect the premises from time to time. Form ROW-N-19 Rev.3/2004 Page 2 of 2 8. The State assumes no responsibility for utilities. WITNESS,OUR HANDS,ON THE DAY AND YEAR FIRST ABOVE WRITTEN: CITY: STATE OF TEXAS District Engineer, District Texas Department of Transportation Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 12 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: August 4, 2008 Budgeted Amount: N/A Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-33(R) recommending the closure of the median opening located on FM 544 at Regency Drive. Recommendation Motion to approve Resolution No. 2008-33(R) recommending the closure of the median opening located on FM 544 at Regency Drive. Discussion The development of the retail site located on the south side of FM 544 between McCreary Road and Springwell Parkway requires the installation of multiple turn lanes and traffic signals on FM 544. The Traffic Impact Analysis for the site was submitted to TxDOT on October 15, 2007. In subsequent meetings, TxDOT indicated that the median opening at Regency Drive must be closed to allow for the extension of Springwell Parkway south of FM 544 and the installation of the traffic signal at this location. Springwell Parkway will be constructed south, as shown on the attached plans, past Capital Street to provide additional access to properties on Regency Drive. Approved By Initial Date Department Director CH 8/4/08 City Manager ir 2 i ) I0T Page 1 of 1 RESOLUTION NO. 2008-33(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE CLOSURE OF THE MEDIAN OPENING LOCATED ON FM 544 AT REGENCY DRIVE. WHEREAS, FM 544 serves as a major east-west thoroughfare for the City of Wylie; and WHEREAS, FM 544 provides retail and commercial development for the City of Wylie and surrounding areas; and WHEREAS, the extension of Springwell Parkway south of FM 544 is necessary to provide adequate traffic flow for the proposed retail development between McCreary Road and Springwell Parkway; and WHEREAS, The median opening at Regency Drive is located approximately 230 linear feet from Springwell Parkway; and WHEREAS, TxDOT has requested the median opening at Regency Drive be closed; and WHEREAS, Springwell Parkway will be extended south past Capital Street giving Regency Drive access to FM 544; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends the median opening on FM 544 at Regency Drive be closed. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 12th day of August, 2008. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-33(R) Closure of the Median Opening FM544 at Regency Drive 21 THUR PRDPGSEo / 21e'4 TRANSI11 FROM aD' \�--.-- 1 �zooa s S \ . ELY ROW �-- P.O.W. O 00' O.M. VOL IRA PC.61 I Th7EX PIDVS 3 INV L.R.GGT. t,100 ACRES .¢"4 ° t t ,,y 1 -- _ 1 1 VOL.J130.PG g1.1 i'¢, "aJir1t`"•rlf MEDIAN PANNO '� I $ r� 4 / ( • rt L, q,t�, c TwE PEP an ?e $ga f I TTR3� a i ,, lE 3 :ti,, SL � „ �r ( t, pE7AR N'S R / n I 11 p0 , - \ / I `\ u i s NARLWAtf?ORE REPAIR MC $m {r 'r' <7"`Y x g J '. y}2��Y + t ,'I FENC�[NCROAQIWIT:FENCE l b �e tin 3 f-r.3ati;�i'_--, .�. 4..,,,,,T� -,41 n �'' l , y 3 / ''\� TO e[R EPL4Cm NANO ROW / 1.00 APRs \r- .d:'--- 44, ¢ 1^ °i 4, k+.. Y s 1'h+si 3 / r:K a ;R pi. 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I Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 13 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: August 5, 2008 Budgeted Amount: N/A Exhibits: Easement Subject Consider, and act upon, authorizing the Mayor to execute a water line easement to the North Texas Municipal Water District for the Wylie to Plano 14-inch waterline relocation project. Recommendation Motion authorizing the Mayor to execute a water line easement to the North Texas Municipal Water District for the Wylie to Plano 14-inch waterline relocation project. Discussion The North Texas Municipal Water District(NTMWD) operates a 14-inch water pipeline generally located along the west side of FM 1378 from FM 544 to Brown Street. The existing pipeline will be in conflict with the proposed City facilities as well as portions of the future reconstruction of FM 1378. The line must be constructed and in service prior to the start of construction of the new City buildings. On February 12, 2008, Council approved an interlocal agreement with NTMWD to relocate the 14-inch water line. NTMWD has awarded a construction contract and is ready to begin the relocation. The water line will be located outside of the road right of way as outlined in the attached easement. Approved By Initial Date Department Director CH 8/05/08 City Manager Page 1 of 1 OWNER: City of Wylie TRACT NO. 1 EASEMENT FOR RIGHT-OF-WAY WYLIE TO PLANO 14-INCH WATERLINE RELOCATION PROJECT 121 (122) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THAT the undersigned City of Wylie (hereinafter called "Granto r") for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand paid by the NORTH TEXAS MUNICIPAL WATER DISTRICT (hereinafter called "Grantee") the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed, and by these presents, does grant, sell and convey unto the Grantee an easement and right-of-way in and through those certain premises owned by Grantor to construct, operate, reconstruct, perpetually maintain and remove one pipeline for the transportation of water, with all incidental equipment, and appurtenances, on, over, under or through the following described lands situated in Collin County, Texas, to- wit: Being a strip of land for a permanent water line easement 30 feet in width in the J. W. Curtis Survey, Abstract No. 196, Collin County, Texas, across a tract of land conveyed to City of Wylie by a warranty deed now of record in Volume 5852, Page 1279 of the Deed Records of Collin County, Texas, said permanent water line easement being more particularly described as follows: SEE ATTACHED EXHIBIT"A"FOR DESCRIPTION The Grantee herein, its successors and assigns, shall have, and it is hereby granted the right of ingress and egress for all purposes incidental to said grant. The Grantee shall utilize the easement for construction of an underground water pipeline and appurtenances including above ground appurtenances. The conveyance includes a temporary construction easement for the purpose of excavation, construction, and laying of said pipeline. The said Temporary Construction Easement granted herein and described will terminate and cease upon completion of the construction and testing of said pipeline. Said temporary construction easement described in Exhibit"A". The said Grantor herein, his heirs and assigns, shall have the right fully to use and enjoy the said premises covered by said above described easement including the right to lay out and construct streets, alleys, parking lots, fences, monument signs and utilities across said easement area provided that any utilities shall cross the easement at not less than a 45 degree angle to said pipeline and that any such streets and utilities do not endanger or interfere with the normal operation of Grantee's pipeline. Grantor shall provide Grantee with plans for said construction thirty (30) days prior to construction of said improvements on and over said right-of-way. Grantor may not erect buildings and walls over said right-of-way. In addition to consideration above recited for the use of said easement, the Grantee will restore to a condition as good or better said property including but not limited to fences, driveways, drainage channels, terraces, and other improvements damaged through the use of said easement. Wylie to Plano 14-Inch Waterline Relocation Project 121 (122) OWNER: City of Wylie TRACT NO. 1 TO HAVE AND TO HOLD unto the said NORTH TEXAS MUNICIPAL WATER DISTRICT, its successors and assigns, the above described easement and right-of-way, and I do hereby bind myself, my heirs,executors, and administrators to warrant and forever defend all and singular the said premises to the NORTH TEXAS MUNICIPAL WATER DISTRICT, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof herein. By executing this easement, the undersigned represents that he/she is duly authorized to execute this document on behalf of Grantor; that Grantor is the owner of fee simple title to the property across which the easement is being granted; and that Grantor is the sole party entitled to receive the consideration being paid for the easement. WITNESS MY HAND this day of ,2008. LANDOWNER'S SIGNATURES: City of Wylie BY: ITS: ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF § This document was acknowledged before me by of on this day of , 2008. NOTARY PUBLIC, STATE OF TEXAS Notary Public (Printed name) My Commission Expires: Wylie to Plano 14-Inch Waterline Relocation Project 121 (122) 4/28/08 WYLIE TO PLANO WATER LINE RELOCATION FIELD NOTE DESCRIPTION FOR PERMANENT WATER LINE EASEMENT ACROSS THE PROPERTY OF CITY OF WYLIE,TEXAS Being a strip of land for a permanent water line easement 30 feet in width in the J. W. Curtis Survey,Abstract No. 196,Collin County,Texas,across a tract of land conveyed to City of Wylie by a warranty deed now of record in Volume 5852,Page 1279 of the Deed Records of Collin County, Texas,said permanent water line easement being more particularly described as follows: BEGINNING at a point in the west line of future F.M. 1378(a variable width right-of-way located west of the existing F. M. 1378 right-of-way),said point being S 0°54'25"E a distance of 92.54 feet from a disk found in said west line on the north line of said City of Wylie tract,said point also being on the south line of a tract of land conveyed to Deborah J. Mulcahy by a warranty deed now of record in file 1993-0073282 of the Deed Records of Collin County,Texas; THENCE S 0°54'25"E, along the said west line of future F.M. 1378,a distance of 130.86 feet to a disk found for a corner; THENCE S 3°37'59"W,along the said west line of future F.M. 1378,a distance of 167.99 feet to a to a disk found for a corner, said disk also being the beginning of a non-tangent curve to the right having a central angle on 12°15'53",a radius of 2092.16 feet,and a chord that bears S 20°23'39"W a distance of 446.99 feet; THENCE,along said curve to the right and said west line of future F.M. 1378,a distance of 447.85 feet to a disk found for a corner; THENCE S 28°55'54" W, along the said west line of future F.M. 1378,a distance of 168.40 feet to a disk found for a corner; THENCE S 34°08'34" W,along the said west line of future F.M. 1378,a distance of 314.55 feet to a disk found for a corner; THENCE S 34°36'48"W,along the said west line of future F.M. 1378,a distance of 507.64 feet to a disk found for a corner; THENCE S 32°23'29"W, along the said west line of future F.M. 1378,a distance of 231.55 feet to a disk found for a corner; THENCE S 31°26'41" W,along the said west line of future F.M. 1378,a distance of 199.79 feet to a point for a corner,said point being the beginning of a non-tangent curve to the left having a central angle of 15°04'05", a radius of 1539.58 feet, and a chord that bears S 20°29'45" W a distance of 403.73 feet; THENCE, along said curve to the left and the said west line of future F.M. 1378, a distance of 404.89 feet to a disk found for a corner; THENCE S 5°49'24"W,along the said west line of future F.M. 1378,a distance of 155.81 feet to a disk found for a corner; THENCE S 11°34'25"W,along the said west line of future F.M. 1378,a distance of 102.00 feet to a disk found for a corner; THENCE S 1°02'49" E, along the said west line of future F.M. 1378, a distance of 71.43 feet to a point for a corner, said point being in the north line of DART(a 100 foot right-of-way), said point also being in the south line of said City of Wylie tract; H,Wrojecu tTMWDt2008108 Wylie to Plano WI.Relocation\Eamt_PIuc\Deacriptiona\City of Wylie.dac Page 1 of 2 4/28/08 THENCE S 86°09'30"W, along said DART north line and said City of Wylie south line, a distance of 30.04 feet to a point for a corner, said point being N 86°09'30"E a distance of 76.21 feet from a 1/2-inch iron rod found with cap at the southwest corner of said City of Wylie tract and the southeast corner of Parkside Phase I Addition to the City of Wylie; THENCE N 1°02'49"W a distance of 76.21 feet to a point for a corner; THENCE N 11°34'25"E a distance of 103.81 feet to a point for a corner; THENCE N 5°49'24" E a distance of 156.17 feet to a point for a corner, said point being the beginning of a non-tangent curve to the right having a central angle of 15°10'10", a radius of 1569.58 feet,and a chord that bears N 20°28'40"E a distance of 414.35 feet; THENCE,along said curve to the right,a distance of 415.56 feet to a point for a corner; THENCE N 31°26'41"E a distance of 200.93 feet to a point for a corner; THENCE N 32°23'29"E a distance of 232.38 feet to a point for a corner; THENCE N 34°36'48"E a distance of 508.10 feet to a point for a corner; THENCE N 34°08'34"E a distance of 313.07 feet to a point for a corner; THENCE N 28°55'54" E a distance of 166.40 feet to a point for a corner, said point also being the beginning of a non-tangent curve to the left having a central angle of 12°10'12",a radius of 2062.16 feet,and a chord that bears N 20°25'26"E a distance of 437.20 feet; THENCE,along said curve to the left,a distance of 438.02 feet to a point for a corner; THENCE N 3°37'59"E a distance of 164.00 feet to a point for a corner; THENCE N 0°54'25"W a distance of 100.62 feet to a point for a corner; THENCE N 45°00'45" E a distance of 41.76 feet to a point to the POINT OF BEGINNING, said permanent water line easement containing 1.990 aces of land,more or less. Also, a 35-foot wide temporary construction easement being immediately adjacent to and west of the above described water line easement and containing 2.370 acres of land,more or less. All bearings and coordinates are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202,surface adjustment factor 0.9998519. An exhibit of even date herewith accompanies this field note description. gip.• • r. ` \'7: RONALD'J.CONWAY \ W(�" „,2349 .e, , 68/ 1• ,1+ MYW,`t!`d, H:\Projcca\NTMWD\2008108 Wylie to Plano WL RelocatlontEsini PlatstDcsoripiions\City of Wylie.doc Page 2 of 2 N„°34'25"E PARKSIDE PH.I1 NI0249"w 103.81 s LAKEFIELD 76.21' v2• ADDITION Ns°4s2a"E S r,, G. W. GUNNELL SURVEY " - _ FR.Fa. 156.1T/ DR. ABST. N0. 35l N 86'09'30"E-73.26' VY I `� i CURVE p I - `F.c./ / 3 N312641"E Rf cc, S 86°09 30"W 200.93' .� zi 3"34' DIS�Fj °ISKFt �, DISK CITY OF WYLIE n S 5°49'24"wl l 1' V 0 300 600 o S 1°0249"E I 155.81' / �, N32°2329"E a 71.43' - / , CURVE 232.38' VOL. 5 8 5 2, PG. 1279 J -� s 1r 3a2s w 2 � SCALE IN FEET 102.00' i !i J. W. CURTIS SURVEY ( \ i, ISK F.-1 �� N3a°3648"E ABST. N0. 196 R c -lil -) S3126'41"w� ISK F 508.10 35'TEMPORARY DEBORAH J. MULCAHY I \` \ rss.7s' 7 j j F /// CONSTRUCTION EASEMENT 1993-0073282 S 32°2329"W (2.370 AC.) u I \ 23 f.55' (-1- F�� x I DISK F.-- i I \ �/� N341307"E I c, \ \ V ��313.07' _� \ S34°3648" FJ DISK F. I \ \ 50764' N28°5554"E I Cf 1 CC 25'PERMANENT DISK F-� ` fr66.40' N 0°5425"W R.o W. / '` ' CURVE 100.62' POINT OF = ((� I EASEMENT S34°08'34"W DISK �� q N3°3759"E N45°00'45"E BEGINNING (1.990 AC.) 314.55' %' \ f°37'59 41.76' aiCI7 7 DISK F \ DISK F. N 7058963.8618 \ \ S 28°55'S4"W - - v 168.401.1Rv�.�� -_1 Fz. dl DISKF E 2560269.4410 _ Q � -- - - f ISK F� ___DISKF f- - - F.M. 1378 �` SO 5425 E- 0.a j !� /P� -- -_ _- \_ �S 0"5425"E-130.86' S 3°3TS9"W N 1-..�1I2' .P'E OF T - 16799' -d- i I F.C. I M. MILLIRON SURVEY CITY OF WYLIE G��.•'�O;STRn_•.�9.tp 9 ,�F All beorm s and coordinates are based on the Texas Slate Plone ABST. NO. 563 VOL. 5852, PG. 1279 /A- i."= * g I Coordinate system, #40-83, re.as 1, / 7`' _OISK F. North Central Zone 4202. surface 1 adjustment factor 0.9998519. RONALD V.CONWAY Y' tL 2349 N,.•'•••• NORTH TEXAS MUNICIPAL WATER DISTRICT I 4'1i. 2 1553 RT. d=15 040 1 DATA CURVE 2 5"LTA T. dU�5E10'10"RT CURVE 3 DATA =1 10'1DATA LT '9�,4•.fAtuu��,�0i1/4 WYLIE TO PLANO WATER LINE RELOCATION R=2092.16' R=1539.58' R=1569.58' R=2062.16' - t • CITY OF WYLIE, TEXAS T=224.7B' T=203.62' T=209.00' T=219.84' /� A field note description WATER LINE EASEMENT PLAT L=447.85' L=404.89' L=415.56' L=438.02' ""~G � of even date herewith C.B.=S2023'39"W C.B.=S202945"W C.B.=N202840"E CB.=N202526"E 5'4./eT accompanies this exhibit. BIRKHOFF,HENDRICKS&CONWAY,L.L.P. CD.=446.99' C.D.=403.73' C.D =414.35' C.D.=437.20' CONSULTING ENGINEERS APRIL 2008 ' ' 7502 GREENVILLE AVE.,#220 Date Surveyed: Morch 17, 2008 DALLAS,TEXAS 75231 214-361-7900 PLOT SCALE: 1:1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 14 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 5181-58150 Date Prepared: August 5, 2008 Budgeted Amount: $ 100,000 Exhibits: 2 Subject Consider, and act upon, approval and final acceptance of the Parking Improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, Railroad Addition and authorize final payment, in the amount of$26,392.91, to Quality Excavation, Ltd. and accept the project as complete. Recommendation Motion to approve final acceptance of the Parking Improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, Railroad Addition and authorize final payment, in the amount of $26,392.91, to Quality Excavation, Ltd. and accept the project as complete. Discussion On May 13, 2008, a construction contract was awarded to Quality Excavation in the amount of$106,060.60 for parking lot improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, of the Railroad Addition. The improvements include the construction of a concrete drive aisle and nine parking spaces at Joel Scott Memorial Park. The Railroad Addition improvements located on Jackson Street include the construction of thirty-two parking spaces. The final contract price with quantity adjustments is $103,357.40. The FY 2008 budget included $100,000 in Combined Services for the construction of the Railroad Addition parking lot and funds will also be used from the Parks Department budget. The funding sources for the project are shown below: FUNDING SOURCES FY 08 Budget, Combined Services (5181), Land Betterments (58150) $100,000.00 FY 08 Budget, Parks Department(5511), Streets &Alleys (54210) $6,060.60 $106,060.60 Approved By Initial Date Department Director CH 5/6/08 City Manager If till Page 1 of 1 Page 1 of 1 MONTHLY PAY REQUEST Owner: City of Wylie Pay Request No. 2 Final Pr ' -t: Parking Improvements Contract Date: Rail Road Addition Original Contract Amount: $ 106,060.60 From: 8-Jul-08 To: 22-Jul-08 Revised Contract Amount: Project Start Date: Contractor: Quality Excavation,LTD Est.Completion Date: 5620 Highway 377 Aubrey,Texas 76227 Allotted: Used: Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount I INSTALL 5"3600 PSI CONCRETE SY 2160 2160 $ 30.60 $ 66,096.00 2 FURNISH&INSTALL CURB STOPS EA 41 41 41 $ 35.30 $ 1,447.30 3 4"3000 PSI REINF CONC SIDEWALK SY 76 76 76 $ 49.00 $ 3,724.00 4 REMOVE&DISPOSE EXST TREES EA 12 12 $ 270.00 $ 3,240.00 5 UNCLASSIFIED EXCAVATION LS 1 1 $ 13,800.00 $ 13,800.00 6 REMOVE&DISPOSE EXST SF 1729 1729 $ 0.70 $ 1,210.30 7 SAWCUT PAVEMENT LF 241 241 $ 1.80 $ 433.80 8 ASPHALT TRANSITION SF 176 0 $ 5.70 $ - 9 ESTABLISH BERMUDA SOD SY 622 622 622 $ 5.00 $ 3,110.00 10 MOBILIZATION LS 1 1 $ 3,200.00 $ 3,200.00 11 EROSION CONTROL LS 1 0 $ 1,700.00 $ - 12 STRIPING LS 1 1 I $ 880.00 $ 880.00 13 4" IRRIGATION/ELECTRICAL CONDUIT LF 210 210 210 $ 5.60 $ 1,176.00 14 FURNISH&INSTALL HC RAMPS EA 6 2 6 $ 840.00 $ 5,040.00 Prepared and Submitted by: Quality Excavation,LDT. 5620 Highway 377 Total Amount $ 103,357.40 Aubrey,Texas� � - By: Less Amount Retained 0% $ Garland Wilson Date: Q— p 4/- 49,41 Total Amount Payable $ 103,357.40 Approved for Owner Less Previous Payments $ 76,964.49 By: Amount Due This Request $ 16,392.91 D.. . J.`Mutphy0005150'Pay RequestsWylie Estimate 82 Final.xis CONTRACTOR'S AFFADAVIT OF FINAL PAYMENT THE STATE OF TEXAS ) COUNTY OF Denton ) KNOW ALL MEN BY THESE PRESENTS: BEFORE ME,the undersigned authority,on this day personally appeared Garland Wilson ("Affidant"), Who,after being by me duly sworn,deposes,and says that he Is Quality Excavation.Ltd. ,a _partnership (corporation, partnership, trade name) of Denton County, State of Texas (the "Contractor"), which said Contractor was awarded the contract dated the 13th day of May ,200 8 ,for the construction of Parking Lot Improvements at City of Wylie,Texas (the"Work"),for a total consideration of One hundred three thousand three hundred fifty seven dollars and forty cents Dollars to be paid to the said Quality Excavation.Ltd. Contractor(the"Contract"),and that Affidant has full power of authority to make this affidavit. That The City Of Wylie, Texas (the"Owner")has approved the final estimate on Said Parking Lot Improvements Work,and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code and Article 5160 of the Revised Civil Statutes of the State of Texas,or any other applicable statutes or charter provisions,and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts the amount of 98,291.10 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract,and hereby waives and releases any right Affidant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract,including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor("Subcontractors"),as well as claims for delay,additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend,hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given in pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. Dtk0-,14 xea U A-►t7f1 z Li-( By (Affidant) J 1 k 1\ (Printed Name) SUBSCRIBED AND SWORN T 0 BEFORE ME,this the }h day of tlbll l ,A.D.200e_ r{` By MICHELLE U.SMITH fliotary Public in and f t e Stated Texas) I)k�` Nora PIIIIuc$MTECF7Wa ( ,c.ko ((e 1.1 . jt'ii- � � COMMISSION LxPl*Il: (Printed Name of Notary) p IN SEPTEMBER 20,2010 ot. My Commission Expires 1 /a-G 1(v . Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 12, 2008 Item Number: 15 Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 08-05-08 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-38 amending Ordinance No. 2005-77 authorizing the City Manager to execute any and all documents, agreements, and contracts approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $50,000.00 without further requirements or authorizations. Recommendation Motion to approve Ordinance No. 2008-38 amending Ordinance No. 2005-77 authorizing the City Manager to execute any and all documents, agreements, and contracts approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $50,000.00 without further requirements or authorizations. Discussion The current Ordinance No. 2005-77 authorizes the City Manager to execute contracts and/or authorize purchases up to $5000.00. This ordinance was adopted in December of 2005. Expanding the City Managers authority to $50,000 is consistent with State purchasing law, and is much more realistic, as far as staff being able to accomplish objectives in a timely fashion. Approved By Initial Date Department Director JB 8/5/08 City Manager ! ( � lOg Page 1 of 1 ORDINANCE NO. 2008-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NUMBER 2005-77, SECTION 2 (AUTHORITY OF CITY MANAGER); PROVIDING FOR SAVINGS, REPEALING, AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2005-77, Section 2 (Authority of City Manager), for the purposes set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as set forth herein. SECTION 2: Amendment to Ordinance No. 2005-77, Section 2 (Authority of City Manager). Amendment to Ordinance No. 2005-77, Section 2 (Authority of City Manager) is hereby amended to read as follows: "Section 2: Authority of City Manager. The City Manager of Wylie is authorized by the City Council of Wylie to execute any and all documents, agreements, and contracts that have been approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $50,000.00, without further requirements or authorizations. This authorization does not preclude the City Council, in its sole discretion, from authorizing the Mayor to execute such documents." SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2008-38 Amending Ordinance No.2005-77, Section 2 Page 1 521742.v1 SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this the 12th day of August, 2008. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Ordinance No.2008-38 Amending Ordinance No.2005-77, Section 2 Page 2 521742.v1