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10-24-2017 (City Council) Agenda Packet Wylie City Council COF -..WYLIE NOTICE OF MEETING Regular Meeting Agenda October 24, 2017 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS co Employee Milestone Anniversaries co Presentation by Mary Lange of the American Legion to Recognize Regional Award Winners for Firefighter of the Year — Randall Barber and EMS Personnel of the Year — Debbie McKinney. co Proclamation of Nov 3,2017 as Arbor Day in the City of Wylie October 24, 2017 Wylie City Council Regular Meeting Agenda Page 2 of 3 00 Presentation for Municipal Court Week November 6-10 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3)minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not he separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of October 10, 2017. Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, act upon, Ordinance No. 2017-29 authorizing the annexation of a 29.677 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980, and a 21.992 acre tract of land situated in the William Sutton Survey, abstract 860 for a total of 51.669 acres in Collin County, Texas, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. A2017-03 (R. 011ie, Development Services Director) C. Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2017-2018 in the amount of$15,778.8 (R. Orozco, Library Director) D. Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2017. (L. Bantz, Finance Director) E. Consider, and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2017. (L. Bantz, Finance Director) F. Consider, and act upon, Ordinance No. 2017-30 amending Ordinance No. 2017-26 (2017- 2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (L. Bantz, Finance Director) G. Consider and act upon the approval of the purchase of heavy duty trucks from Southwest International Trucks in the amount of$173,624.36 through cooperative purchasing contracts with Buy Board, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) H. Consider and act upon the approval of the purchase of a Toro Groundmaster® 5900 mower from Professional Turf Products in the amount of $91,827.68 through a cooperative purchasing contract with National IPA and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) I. Consider and act upon rescinding the award of bid #W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) October 24, 2017 Wylie City Council Regular Meeting Agenda Page 3 of 3 J. Consider, and act upon, Resolution No. 2017-20(R) of the City Council of the City of Wylie, Texas, hereby authorizing the support of an application filed with the Attorney General's office for a Victim Assistance Grant (OVAG) in the amount of $41,658.00 to be used for a Crime Victim's Liaison position and designating the "Authorized Official" (A. Henderson, Police Chief) K. Consider and act upon a vendor application for the Wally Watkins Elementary PTA for a fundraiser event at Founders Park on November 23, 2017. (R. Diaz, Parks & Recreation Superintendent) READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article HI, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087--Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. CERTIFICATION I certify that this Notice of Meeting was posted on October 20, 2017 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF ::. Minutes Regular Meeting Tuesday, October 10, 2017 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilwoman Diane Culver, Councilman David Dahl, and Councilman Timothy Wallis. Councilman Jeff Forrester and Councilwoman Candy Arrington were absent. Staff present included: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; City Engineer, Tim Porter; Police Chief, Anthony Henderson; Fire Chief, Brent Parker; Development Services Director, Renae 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and City Manager Mindy Manson led the Pledge of Allegiance. PRESENTATIONS co Proclamation Declaring October 8-14,2017 as Fire Prevention Week in the City of Wylie Mayor Hogue presented Fire Chief Parker with a proclamation declaring October 8-14, 2017 as Fire Prevention Week in the City of Wylie. Chief Parker reported, during Fire Prevention Week a team of firefighters performed for elementary children at WISD campuses regarding safety and preventive measures they can take to stay safe and prevent household fires. Minutes October 10, 2017 Wylie City Council Page 1 00 Proclamation for Hispanic Heritage Month Citizen Brooke Lopez was present to accept a proclamation designating the month of September/October as Hispanic Heritage Month in the City of Wylie. Mayor Hogue read the proclamation to those present. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Many concerned citizens spoke to Council regarding the Collin County Strategic Roadway Plan proposed by the North Central Texas Council of Governments. All who spoke were in opposition of any of the proposed routes. Mayor Hogue invited those present to attend a work session with the NCTCOG and Council to be held November 9, 2017 at 6:00 p.m. in the Wylie Council Chambers. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of September 26, 2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon,Ordinance No. 2017-28 setting the time and place for all regular City Council Meetings in the 2018 calendar year. (C. Ehrlich, City Secretary) C. Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31,2017. (S. Satterwhite, WEDC Director) D. Consider, and act upon, a Chapter 380 Agreement with First Texas Homes,Inc. (M. Manson, City Manager) E. Consider, and act upon, a Chapter 380 Agreement with Horizon Homes, LLC (M. Manson, City Manager) F. Consider and act upon a request for Substantial renovations of a residential structure in accordance with Ordinance No. 2013-17, generally located at the northeast corner of Jefferson St. and Jackson St., and more specifically at 100 W. Jefferson within the Downtown Historic District. (R. 011ie, Development Services Director) G. Consider and act upon the approval of the purchase of police vehicles from Reliable Chevrolet in the amount of $172,172.10 through cooperative purchasing contracts with Tarrant County, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) Minutes October 10, 2017 Wylie City Council Page 2 H. Consider and act upon the award of bid # W2017-78-B for Newport Harbor Pump Station Improvements to Red River Construction in the amount of$910,000.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) I. Consider, and act upon Resolution No. 2017-19(R) of the City Council of the City of Wylie, Texas,to ratify the purchase of a 2016 Chevrolet Tahoe PPV unit from Reliable Chevrolet in the amount of$32,433.25. (G. Hayes, Purchasing) Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl to approve the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with Councilwoman Arrington and Councilman Forrester absent. REGULAR AGENDA 1. Conduct the second Public Hearing for the annexation of a 29.677 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980, and a 21.992 acre tract of land situated in the William Sutton Survey, abstract 860 for a total of 51.669 acres in Collin County, Texas, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. A2017-03 (R. 011ie, Development Services Director Executive Summary Development Services Director 011ie addressed Council stating that this annexation is at the request of the property owner, Bloomfield Homes, LP and the representative Douglas Properties. The subject tract is contiguous to the corporate city limits of Wylie, as required by law. The applicant desires to bring the subject tract into the city and develop it in accordance with the Development Agreement executed October 8, 2017. (Proposed Planned Development 2016-27 District) Final consideration of the ordinance approving the annexation will be considered at the October 24, 2017 City Council meeting. Public Hearing Mayor Hogue opened the public hearing for Annexation 2017-03 at 6:51 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:52 p.m. No action was required on this item. Final consideration of the ordinance approving the annexation will be considered at the October 24, 2017 City Council meeting. 2. Hold a Public Hearing and consider, and act upon, a Replat of Block B, Lot 6R of Woodbridge Center Phase 1 Addition (Credit Union of Texas) on 0.9058 acres, generally located at the Southwest corner of Woodbridge Parkway and FM 544. (R. 011ie, Development Services Director) Minutes October 10, 2017 Wylie City Council Page 3 Staff Comments Development Services Director 011ie addressed Council stating that the property totals 0.9058 acres and will modify the existing lot 6R, Block B of Woodbridge Center Phase 1 to dedicate additional right of way. 2,387 sq. ft. of right-of-way will be dedicated to FM 544 and 1,637 sq.ft. will be dedicated to Woodbridge Parkway. 011ie explained the Replat complies with the applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations as required by the Engineering Department. The Site Plan for Credit Union of Texas was also approved by the Commission 6-0. Public Hearing Mayor Hogue opened the public hearing for Replat Lot 6R Block B of Woodbridge Center Phase 1 at 6:55 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:56 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Culver to approve a Replat of Block B, Lot 6R of Woodbridge Center Phase 1 Addition (Credit Union of Texas) on 0.9058 acres, generally located at the Southwest corner of Woodbridge Parkway and FM 544. A vote was taken and the motion passed 5-0 with Councilwoman Arrington and Councilman Forrester absent. 3. Hold a Public Hearing and consider, and act upon, a Replat of Block B, Lots 4B and 5B of Woodbridge Center Phase 1 Addition on 2.032 acres, generally located at the Southwest corner of Woodbridge Parkway and FM 544. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the property totals 2.096 acres and will create two lots from two existing lots. The reason for the replat is to move the dividing lot line north approximately 10' to accommodate the development of a retail development on Lot 4B and add a 24' access/fire lane easement across both properties. The development of 4B is proposed as a single story pet supply store. The site plan for this commercial use is also on the current agenda for consideration. 011ie reported the Planning and Zoning Commission voted 6-0 to recommend approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. The Site Plan for Pet Supplies Plus was also approved by the Commission. Public Hearing Mayor Hogue opened the public hearing for Replat Block B, Lots 4B and 5B of Woodbridge Center Phase 1 Addition at 6:57 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:58 p.m. Minutes October 10, 2017 Wylie City Council Page 4 Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl to a Replat of Block B, Lots 4B and 5B of Woodbridge Center Phase 1 Addition on 2.032 acres, generally located at the Southwest corner of Woodbridge Parkway and FM 544.. A vote was taken and the motion passed 5-0 with Councilwoman Arrington and Councilman Forrester absent. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2017-28 into the official record. ADJOURNMENT A motion was made by Mayor pro tern Stephens, seconded Councilman Dahl to adjourn the meeting at 7:00 p.m. A vote was taken and the motion passed 5-0 with Councilwoman Arrington and Councilman Forrester absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 10, 2017 Wylie City Council Page 5 corWI' it Wylie City Council . , AGENDA REPORT „M W W T' Meeting Date: October 24, 2017 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 10, 2017 Budgeted Amount: Exhibits: 5 Subject Consider, act upon, Ordinance No. 2017-29 authorizing the annexation of a 29.677 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980, and a 21.992 acre tract of land situated in the William Sutton. Survey, abstract 860 for a total of 51.669 acres in Collin County, Texas, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. A2017-03 Recommendation Motion to adopt Ordinance No. 2017-29 authorizing the annexation of 29.677 acres of land situated in the D.W. Williams Survey, Abstract No. 980, and a 21.992 acre tract of land situated in the William Sutton Survey, abstract 860 for a total of 51.669 acres in Collin County, Texas, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. A2017-03 Discussion This annexation is at the request of the property owner, Bloomfield Homes, LP and the representative Douglas Properties. The subject tract is contiguous to the corporate city limits of Wylie, as required by law. The applicant desires to bring the subject tract into the city and develop it in accordance with the Development Agreement executed October 8, 2017. Planned Development 2016-27 District. Exhibits attached: Exhibit"A"Legal Descriptions; Exhibit`B" Survey Exhibit; Exhibit"C" Concept Exhibit, Exhibit"D" Development Agreement. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings September 6, 2017 and September 27, 2017. First Public Hearing September 26,2017. Second Public Hearing October 10, 2017 Adoption of Ordinance October 24, 2017 Page 1 of 2 Page 2 of 2 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. By adoption of this ordinance, the property is temporarily classified as Ag/30 (Agricultural District) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance and the executed Development Agreement. ORDINANCE NO. 2017-29 AN ORDINANCE ANNEXING A CERTAIN 29.677 ACRE TRACT OF LAND SITUATED IN THE D.W. WILLIAMS SURVEY, ABSTRACT NO. 980, DESCRIBED IN DEED TO THE MARY STONE HOWREY LIVING TRUST RECORDED AS INSTRUMENT 20110217000178570, DEED RECORDS COLLIN COUNTY; AND A 21.992 ACRE TRACT OF LAND SITUATED IN THE WILLIAM SUTTON SURVEY, ABSTRACT 860, DESCRIBED IN DEED TO CECIL HALE, RECORDED IN VOLUME 5166, PAGE 1868, DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS,before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the Development Agreement (EXHIBIT "D") has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance No. 2017-29 Annexing a certain 29.677 acre tract of land situated in the D.W. Williams Survey,Abstract No. 980, WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20`'') day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been perfoliiied and completed in the manner and form set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. Ordinance No. 2017-29 Annexing a certain 29.677 acre tract of land situated in the D.W.Williams Survey,Abstract No. 980, DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of October, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:November 1,2017, in the Wylie News Ordinance No. 2017-29 Annexing a certain 29.677 acre tract of land situated in the D.W. Williams Survey,Abstract No. 980, 29.677 Acre Zoning Exhibit Legal Description BEING a 29.677 acre tract of land situated in the D.W.Williams Survey,Abstract 980,Collin County,Texas,and being a part of that certain called 32-1/2 acre tract of land described in deed to the Mary Stone Howrey Living Trust, recorded as Instrument 20110217000178570, Deed Records,Collin County,Texas,said 29.677 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northeast corner of said 32-1/2 acre tract and the northwest corner of Southbrook Phase I,an addition to the City of Wylie, as recorded in Cabinet P, Page 987,Plat Records,Collin County,Texas,said point also being in the south line of a 7.0105 acre tract described in a deed to James Gee and Stacy Gee recorded as Instrument 20080311000291280,Deed Records,Collin County,Texas; THENCE South 01 degrees 01 minutes 25 seconds West,with the common boundary lines of said Southbrook Phase I and said 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the northwest corner of a 0.9958 acre tract of land described in deed to Richard Alan Cermack and Ann Marie Cermack,as recorded in Instrument 20121228001646720 of said Deed Records and continuing along the common line of said 32-1/2 acre and 0.9958 tract,at 1213.97 feet passing the southwest corner of said 0.9958 acre tract common to the northwest corner of a called 2.00 acre tract described in a deed to Carl Foster and wife Gladys Foster as recorded in Volume 528, Page 213 of said Deed Records and continuing with the west line of said 2.00 acre tract for a total distance of 1450.00 feet to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner at an interior corner of said 32-1/2 acre tract and the southwest corner of said 2.00 acre tract; THENCE South 54 degrees 28 minutes 51 seconds East,with the common boundary lines of said 32-1/2 acre tract and said 2.00 acre tract at a call of 182.82 feet passing the southeast corner thereof,and continuing with the southwest lines of Tract II and Tract III,described in deed to Brenda Lee Hensley,as recorded in Instrument 20071127001587490 of said Deed Records,a 1.4376 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 94-0078144 of said Deed Records,a 4.2466 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 95-0043284 of said Deed Records,and the southwest line of the remainder of a 61.453 acre tract described in a deed to Gladys P. Foster as recorded in Volume 3169, Page 859 of said Deed Records,for a total distance of 1172.93 feet to a 60d Nail found for corner in a fence post at a common corner of said 32-1/2 acre and 61.453 acre tract; THENCE South 03 degrees 09 minutes 19 seconds East,with a common boundary line of said 32- 1/2 acre and 61.453 acre tract,a distance of 168.63 feet to a 60d nail found for the south east corner of said 32-1/2 acre tract and an exterior ell corner of said 61.453 acre tract,said corner being in the north boundary line of a 21.998 acre tract of land described in deed to Cecil Hale,as recorded in Volume 5166, Page 1868 of said Deed Records; THENCE North 89 degrees 32 minutes 09 seconds West,with the common boundary line of said 32-1/2 acre tract and said 21.998 acre tract,a distance of 167.43 feet to a 5/8-inch iron rod with cap(3949)found at the northwest corner of said 21.998 acre tract and the east corner of a 3.000 acre tract of land described in deed to Peter P. Brady and Denise Brady,as recorded in Volume 5912, Page 1996 of said Deed Records THENCE North 89 degrees 32 minutes 41 seconds West,continuing with the common boundary line of said 3.000 and said 32-1/2 acre tract,a distance of 736.05 feet to a"PK" nail set for corner at a southerly corner of said 32-1/2 acre tract and the west corner of said 3.000 acre tract,from which a 5/8-inch iron rod with cap(3949)found for reference bears South 89 degrees 32 minutes 41 seconds East a distance of 28.54 feet,said corner being in the center of Pleasant Valley Road,a 50 ft.+-public road right-of-way by occupation, (no record found); THENCE North 45 degrees 16 minutes 24 seconds West,with the southwest boundary line of said 321/2 acre tract and the center of said Pleasant Valley Road,a distance of 664.12 feet to a PK Nail set for corner; THENCE North 44 degrees 43 minutes 21 seconds East,a distance of 27.66 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the most eastern southeast corner of a 1.6899 acre tract of land described in deed to the City of Wylie, recorded as Instrument No.20141013001118200 of said Deed Records; North 45 degrees 16 minutes 39 seconds West,along a boundary line of last mentioned tract a distance of 115.19 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at a cut back corner of the new right-of-way of South Ballard Avenue as established by last mentioned deed; Thence along and with the easterly lines of said 1.6899 acre tract and South Ballard Avenue (variable width right-of-way)the following courses: North 10 degrees 28 minutes 06 seconds West, a distance of 41.05 feet,at the beginning of a non-tangent curve to the left having a radius of 910.00 feet and a chord which bears North 14 degrees 01 minutes 03 seconds East,a distance of 301.57 feet; Northwesterly,with said curve to the left,through a central angle of 19 degrees 04 minutes 32 seconds,an arc distance of 302.97 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curve; North 04 degrees 28 minutes 47 seconds East,a distance of 138.58 feet to a to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner; North 47 degrees 14 minutes 07 seconds East,a distance of 22.03 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner; South 89 degrees 59 minutes 27 seconds East,a distance of 56.31 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the southwest corner of Elm Drive,a proposed 50 ft.asphalt public road by said 1.6899 acre tract(prescriptive road,no record found); 2 North 00 degrees 00 minutes 33 seconds West,a distance of 50.00 feet to a to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the northwest corner of said Elm Drive; South 89 degrees 59 minutes 27 seconds West,a distance of 52.38 feet to a to a 5/8- inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 42 degrees 45 minutes 53 seconds West,a distance of 20.37 feet to a to a 5/8- inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 04 degrees 28 minutes 47 seconds East,a distance of 110.41 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set at the beginning of a tangent curve to the left having a radius of 2929.79 feet, and a chord which bears North 02 degrees 29 minutes 25 seconds East,a distance of 203.43 feet; Northeasterly,with said curve to the left,through a central angle of 03 degrees 58 minutes 45 seconds,an arc distance of 203.47 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curve; North 00 degrees 30 minutes 02 seconds East,a distance of 363.87 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the beginning of a tangent curve to the right having a radius of 1070.00 feet,and a chord which bears North 02 degrees 25 minutes 07 seconds East,a distance of 71.63 feet; Northeast,with said curve to the right,through a central angle of 03 degrees 50 minutes 10 seconds, an arc distance of 71.64 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve and the beginning of a reverse curve to the left having a radius of 1170.00 feet,and a chord which bears North 02 degrees 26 minutes 23 seconds East, a distance of 77.46 feet; Northeast,with said curve to the left,through a central angle of 03 degrees 47 minutes 38 seconds,an arc distance of 77.47 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve; North 00 degrees 32 minutes 34 seconds East, a distance of 350.10 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set in the south line of said 7.0105 acre tract and the north line of said 32-1/2 acre tract; THENCE South 89 degrees 34 minutes 06 seconds East,with the common boundary line of said 7.0105 acre tract and said 32-1/2 acre tract,a distance of 386.68 feet to the POINT OF BEGINNING AND C. ' Al lNG 1,292,712 square feet or 29.677 acres of land. t `% i .40:40 I r ¢ ire „ Rob " - •} Date: 08-23-17 3.963 .7 3 21.992 Acre Zoning Legal BEING a 21.992 acre tract of land situated in the William Sutton Survey,Abstract No. 860,Collin County, Texas, and being all of that tract of land described in a deed to Cecil Hale, recorded in Volume 5166, Page 1868, Deed Records, Collin County, Texas (DRCCT), and being more particularly described as follows: BEGINNING at a point for corner near the centerline of Pleasant Valley Road at the southwest corner of said Hale tract, common to the northwest corner of a called 1 acre tract of land described in deed to Sanford Tucker, recorded as Instrument No. 20080627000788320, (DRCCT), from which a 5/8" iron rod with a cap stamped"5319"found for reference bears North 85°33'04" East,a distance of 26.45 feet; THENCE North 45°04'43"West, along the centerline of said Pleasant Valley Road and the southwest line of said Hale tract a distance of 343.64 feet to a point for corner at the most western corner thereof, common to the most southern corner of a called 3 acre tract of land described in deed to Peter P. Brady & Denise Brady, recorded in Volume 5912, Page 1996, (DRCCT), from which a 5/8" iron rod with a cap stamped "3949"found for reference bears, North 46°58'57" East,a distance of 20.13 feet; THENCE North 461'58'57" East, along the common line of said Hale tract and said Brady tract,a distance of 516.04 feet to a 5/8" iron rod with a cap stamped "3949"found in the south line of a called 32.5 acre tract of land described in deed to Mary Stone Howrey Living Trust, recorded as Instrument No. 20110217000178570,(DRCCT),at the most northern northwest corner of said Hale tract; THENCE South 89°32'09" East, along the north line of said Hale tract, and along the south lines of said 32.5 acre tract,the remainder of a 61.453 acre tract recorded in Volume 3169, Page 859, (DRCCT), and a called 21.0749 acre tract recorded as Instrument No. 96-0002217, (DRCCT), respectively, passing at a distance of 167.43 feet, a "60D" nail found at the southeast corner of said 32.5 acre tract, common to the southwest corner of said remainder of 61.453 acre tract, and continuing for a total distance of 1342.38 feet to the base location of a leaning 3/4"solid iron rod found for corner at an angle point; THENCE South 85°32'52" East, continuing along the north line of said Hale tract, and along the south lines of said 21.0749 acre tract and a called 20.0749 acre tract of land described in deed to Ricky Ray Foster, recorded as Instrument No. 98-0007168, (DRCCT),a distance of 270.22 feet to a point for corner in a 20" elm tree at the northeast corner of said Hale tract, from which a 5/8" iron rod with a yellow plastic cap stamped"RPLS 3963"set for reference bears,South 71°36'17"West, a distance of 3.55 feet; THENCE South 07°30'44" West, along the east lint of said Hale tract, a distance of 166.14 feet to a wooden fence post found for corner at an angle point; THENCE South 17°33'22" East, continuing along the east line of said Hale tract and with the remnants of an old fence line, a distance of 265.36 feet to a wooden fence post found for corner at the southeast corner thereof and being in the north line of a called 10.947 acre tract of land described in deed to David Anderson, recorded as Instrument No. 20120906001118340,(DRCCT), from which a 1/2" iron rod with a cap stamped "4819"found at an exterior corner of Lot 4, Block A, of Braddock Place Phase II, recorded as Instrument No. 20130725010002230(PRCCT)bears South 65°26'27" East a distance of 0.77 feet; THENCE South 84°31'04" West, along the common line of said Hale tract and said 10.947 acre tract a distance of 264.00 feet to a point for corner at an angle point,from which a 5/8" iron rod with a yellow plastic cap stamped "RPLS 3963"set for reference bears, North 78°10'55"West,a distance of 54.40 feet; THENCE South 85°33'04" West, along the south line of said Hale tract, and along the north lines of said 10.947 acre tract, a called 4.965 acre tract recorded in Volume 3097, Page 003, (DRCCI'), a called 1.000 acre tract recorded as Instrument No. 20070220000230660, and said Tucker tact, respectively, passing at a distance of 435.13 feet, a 1/2" iron rod found at the northwest corner of said 10.947 acre tract, common to the northeast corner of said 4.965 acre tract, and continuing for a total distance of 1545.90 feet to THE PLACE OF BEGINNING and containing 21.992 acres or 957,978 square feet of land. eig1914:- $rR•��eP 08-23-17 .. . . . . 3963 o 7: ....� z9 Robert C. 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After Recording Return To: City Manager City of Wylie 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT(Pending Annexation) (Howrey Tract and Hale Tract) THIS DEVELOPMENT AGREEMENT("Agreement") is executed this 8th day of October, 2017 ("Effective Date"), by and among the City of Wylie,Texas, a home-rule municipality existing under the laws of the State of Texas("City");the Howrey Mary Stone Living Trust, a trust existing under the laws of the State of Texas("Trust");Cecil Hale,an individual residing in the State of Texas("Hale"and together with the Trust, the "Owners"); and Douglas Properties, Inc., a Texas corporation ("Developer"). City, Owners and Developer are individually and collectively referred to herein, respectively, as "party" or "parties". RECITALS WHEREAS, the Trust is the sole owner of 31.474± acres of land situated in the D.W. Williams Survey, Abstract No. 980, located in the extraterritorial jurisdiction ("ETJ") of the City of Wylie, Collin County, Texas, as more particularly described in Exhibit A-1, attached hereto and incorporated herein for all purposes(the"Howrey Tract"); and WHEREAS, Hale is the sole owner of 21.998+acres of land situated in the William Sutton Survey, Abstract No. 860, located in the ETJ of the City of Wylie, Collin County, Texas, as more particularly described in Exhibit A-2, attached hereto and incorporated herein for all purposes (the "Hale Tract" and together with the Howrey Tract,the"Property"); and WHEREAS, Owners anticipate selling each portion of the Property to Developer at the same time, with the expected closing to occur on or before October 15, 2017 (the actual date of closing is hereinafter referred to as"Closing"); and WHEREAS, Developer intends to develop the Property as a planned development known as Emerald Vista("Development"); and WHEREAS, the parties desire to obtain the benefits of certainty and predictability that can be provided by a development agreement for property that is currently located in the ETJ of the City; and WHEREAS,the parties are authorized to enter into this Agreement pursuant to Section 212.172 of the Texas Local Government Code; and WHEREAS,within sixty(60)calendar days of Developer obtaining fee simple title to the Property from Owners, Developer shall submit an annexation application("Annexation Application"), on the form approved by the City, requesting the City Council to voluntarily annex the Property, said Annexation Application to include any and all documents, signatures or other information required by the City's ordinances,rules and regulations, as they exist,may be amended or in the future arising; and Development Agreement(Pending Annexation)(Emerald Vista) Page 1 of 19 WHEREAS, after submission of the Annexation Application, City Staff will place the Annexation Application on the next available City Council agenda for its consideration and possible action, in accordance with Chapter 43 of the Texas Local Government Code, recommending that the City Council approve the Annexation Application and annex the Property into the corporate limits of the City ("Annexation Ordinance"); and WHEREAS, in consideration of the City Council's consideration and possible approval of the Annexation Ordinance, Developer and Owners, in accordance with the provisions of Section 212.172 of the Texas Local Government Code, hereby agree that unless and until the Annexation Ordinance and Zoning Ordinance Amendment(hereinafter defined)are approved and become effective in accordance with the City Charter and applicable law, the Property shall be developed in accordance with the Zoning Ordinance and the proposed planned development standards applicable to the Property, as set forth in Exhibit B, attached hereto and incorporated herein by reference for all purposes, and any and all other ordinances,rules,codes, regulations and requirements of the City, as they exist, may be amended or in the future arising(collectively, "Regulations"),and that the City is entitled to enforce the Regulations the same as if the Property was located wholly within the corporate limits of the City; and WHEREAS, provided that the City Council adopts the Annexation Ordinance, Developer and Owners, if necessary, shall, within thirty (30) calendar days of the City Council's adoption of the Annexation Ordinance, submit a zoning application ("Zoning Application"), on the form approved by the City, requesting the City Council to amend the Zoning Ordinance for the sole purpose of including the Property in the Zoning Ordinance, said Zoning Application shall include any and all documents, signatures or other information required by the City's ordinances,rules and regulations,as they exist, may be amended or in the future arising; and WHEREAS, after submission of the Zoning Application, City Staff will place the Zoning Application on the next available Planning and Zoning Commission ("P&Z") agenda for its consideration and possible action,requesting that the P&Z provide a favorable recommendation of the Zoning Application to the City Council; and WHEREAS, after P&Z provides its recommendation to the City Council regarding the Zoning Application, City Staff will place the Zoning Application on the next available City Council agenda for its consideration and possible action, recommending that the City Council approve the Zoning Application thereby including the Property in an ordinance amending the Zoning Ordinance ("Zoning Ordinance Amendment"); and WHEREAS, the City Council has investigated and determined that it is in the best interest of the City and its citizens to enter into this Agreement; and WHEREAS, the parties desire to enter into this Agreement according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and forever confessed, the Parties agree as follows: 1. Findings Incorporated. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement. Development Agreement(Pending Annexation)(Emerald Vista) Page 2 of 19 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. The Trust represents and warrants that it is the sole owner of the Howrey Tract. Hale represents and warrants that he is the sole owner of the Hale Tract. 3. Annexation/Enforcement/Waiver and Release/Term. (a) It is specifically understood and agreed between the City and Owners that the Property is outside of the City's corporate limits and that the City has not identified the Property in its annexation plan, if such plan exists. However, it is understood and agreed that the City currently has the required public improvements ("Improvements") in place to serve the Property and that Owners and/or Developer shall, at its/their sole cost and expense, be required to provide, construct and/or install any and all improvements necessary to connect the Property to the existing Improvements. (b) Within sixty (60) calendar days of Developer obtaining fee simple title to the Property, Developer shall submit the Annexation Application, requesting the City Council to voluntarily annex the Property. Owners and Developer represent and warrant that there are no other parties in possession of any portion of the Property and that there will be no other parties in possession of any portion of the Property at the time the Annexation Application is submitted to the City. City Staff shall diligently process the Annexation Application in accordance with the Regulations and applicable state law, and Owners hereby acknowledge and agree that the City makes no warranties or guarantees with regard to the outcome of the Annexation Application. Developer shall bear all of the costs associated with the Annexation Application. (c) Owners and Developer acknowledge and agree that this Agreement meets the requirement set forth in Section 43.035 of the Texas Local Government Code, if applicable, and that no further action shall be required of the City to any of the Owners or the Developer under Section 43.035 of the Texas Local Government Code, if applicable. (d) City, Developer and Owners agree that this Agreement meets the requirements of a service plan, and shall serve as the service plan ("Annexation Service Plan") for the Property with respect to the Improvements and the municipal services("Municipal Services")required under Section 43.065 of the Texas Local Government Code in the event that the Annexation Ordinance is adopted. With respect to the municipal services required in a service plan, the City shall provide such services in accordance with Section 43.065 of the Texas Local Government Code in the event that the Annexation Ordinance is adopted as contemplated in this Agreement. The City, Developer and Owners acknowledge and agree that in the event the Annexation Application is adopted as contemplated in this Agreement, this Agreement will be considered at the public hearings held under Section 43.063 of the Texas Local Government Code;that this Agreement represents the mutual understanding of the City,Developer and Owners with respect to the matters contained herein; and that no provision of any improvement or municipal service has been deleted. The City Council finds and determines that this proposed Annexation Service Plan will not provide any fewer Improvements or Municipal Services, and it will not provide a lower level of Improvements or Municipal Services to the Property proposed to be annexed, than were in existence in the area of the Property at the time immediately preceding the annexation process described herein. Should the Property consist of differing characteristics of topography, land utilization and population density, the parties agree that the level of Improvements and Municipal Services which may ultimately be provided in the newly annexed area of the Property may differ somewhat from the services provided in or to other areas of the City. If applicable, these differences are specifically dictated because of differing characteristics of the Property, and the City will undertake to provide the newly annexed area containing the Property with the same type,kind and quality of Improvements and Municipal Services presently enjoyed by the citizens of the City who reside in areas of similar topography, land utilization and population in accordance with Section Development Agreement(Pending Annexation)(Emerald Vista) Page 3 of 19 43.056(j) of the Texas Local Government Code, if applicable, in the event that the Annexation Ordinance is adopted as contemplated in this Agreement. (e) UNLESS OTHERWISE EXPRESSLY STATED HEREIN, DEVELOPER AND OWNERS HEREBY WAIVE, RELEASE, DISCHARGE, RELINQUISH AND HOLD HARMLESS THE CITY OF AND FROM ANY AND ALL RIGHTS DEVELOPER AND/OR OWNERS MAY HAVE UNDER SECTIONS 43.056, 43.062, 43.065, 43.141 OR ANY OTHER PROVISION OF CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE AS WELL AS ANY RIGHTS DEVELOPER AND/OR OWNERS MAY HAVE TO FILE A PETITION FOR DISANNEXATION OR ANY OTHER ACTION RESULTING FROM THE CITY'S FAILURE TO PROVIDE: (I) ANY ADDITIONAL INDIVIDUAL NOTICE TO DEVELOPER OR OWNERS REGARDING THE ANNEXATION AS CONTEMPLATED IN THIS AGREEMENT;AND/OR(II)ANY PORTION OF THE PROPERTY WITH THE IMPROVEMENTS OR MUNICIPAL SERVICES. THIS PARAGRAPH 3(E) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. (f) In consideration of the City Council's consideration and possible approval of the Annexation Ordinance, Owners and Developer, in accordance with the provisions of Section 212.172 of the Texas Local Government Code, hereby acknowledge and agree that unless and until the Annexation Ordinance and Zoning Ordinance Amendment are approved and become effective in accordance with the City Charter and applicable law,the Property shall be developed in accordance with the Regulations and that the City is entitled to enforce the Regulations the same as if the Property was located wholly within the corporate limits of the City. (g) Should the City Council fail or refuse to approve the Annexation Ordinance as contemplated in this Agreement or in the event the Property is not otherwise annexed earlier, whether voluntarily or involuntarily, the City, Owners and Developer acknowledge and agree that this Agreement shall continue in full force and effect for twenty-five (25) years from the Effective Date of this Agreement ("25-year term") with regard to the Property. If the Annexation Ordinance is not approved, but the Property is annexed, whether voluntarily or involuntarily, prior to the expiration of the 25-year term, the parties acknowledge and agree that the City may initiate an amendment to the Zoning Ordinance to include the Property within the Zoning Ordinance,and Developer shall not protest or otherwise challenge said initiation and consideration of the amendment to the Zoning Ordinance. 4. Zoning. Provided that the City Council adopts the Annexation Ordinance as contemplated in this Agreement, Developer and Owners, if necessary, shall, within thirty (30) calendar days of the City Council's adoption of the Annexation Ordinance, submit the Zoning Application, requesting the City Council to amend the Zoning Ordinance for the sole purpose of including the Property in the Zoning Ordinance.City Staff shall diligently process the Zoning Application through the Planning and Zoning Commission and City Council in accordance with the Regulations and applicable state law,as amended. Owners and Developer, if applicable, shall bear all of the costs incurred in connection with the Zoning Application, and Developer and Owners, if applicable, hereby acknowledge and agree that the City makes no warranties or guarantees with regard to the outcome of the Zoning Application. 5. Permits/City's Election/Waiver and Release. (a) Except as expressly provided in this Paragraph 5, Developer and Owners, if applicable, acknowledge and agree that before,any building,development or any other permit will be issued by the City for the development of the Property, Developer and Owners, if applicable, must obtain the City Council's approval and adoption of the Zoning Ordinance Amendment, unless the City expressly waives such requirement in writing. Development Agreement(Pending Annexation)(Emerald Vista) Page 4 of 19 (b) Should the City Council fail or refuse to approve the Annexation Ordinance or the Zoning Ordinance Amendment, the Developer and Owners acknowledge and agree that the City may, in its sole discretion,(i) allow the Property to be developed provided that any such development includes the Property as a whole and that Developer and Owner,as applicable,comply with this Agreement and the Regulations;or(ii)terminate this Agreement and/or disannex the Property,if the Annexation Ordinance was adopted by the City Council. (c) DEVELOPER AND OWNERS WAIVE, RELEASE, RELINQUISH, DISCHARGE AND HOLD HARMLESS THE CITY OF AND FROM ANY ACTIONS THE CITY ELECTS TO TAKE UNDER THIS PARAGRAPH 5,INCLUDING BUT NOT LIMITED TO,ANY CLAIMS,DEMANDS OR CAUSES OF ACTION FOR RECOVERY OF REAL PROPERTY TAXES PAID BY DEVELOPER OR OWNERS PRIOR TO DISANNEXATION, DOWNZONING, CONDEMNATION, ILLEGAL EXACTION OR INVERSE CONDEMNATION.THIS PARAGRAPH 5 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6. Closing/Failure to Close on the Property. (a) The parties acknowledge and agree that this Agreement is a development agreement authorized by Section 212.172 of the Local Government Code. All provisions of this Agreement shall be automatically null and void if the Developer fails to close and fund the purchase of the Property, or a portion of the Property, within thirty (30) days after the Effective Date of this Agreement. Unless previously terminated as set forth herein,this Agreement will terminate at the end of the 25-Year Term. Notwithstanding the foregoing, in the event that Developer does not acquire fee simple title to the Property on or before thirty (30) days after the Effective Date of this Agreement, then this Agreement shall automatically terminate. Unless previously terminated as set forth herein, the terms of this Agreement shall not be affected by the annexation referenced in Paragraph 3 of this Agreement. (b) Should the Owners and Developer fail to consummate the sale of the Property by Closing the same, Developer and Owners acknowledge and agree that the City may, in its sole discretion take any and all actions set forth in Paragraph 5(b) above. DEVELOPER AND OWNERS WAIVE, RELEASE, RELINQUISH,DISCHARGE AND HOLD HARMLESS THE CITY OF AND FROM ANY ACTIONS IT ELECTS TO TAKE UNDER PARAGRAPH 5(B) ABOVE, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS, DEMANDS OR CAUSES OF ACTION FOR RECOVERY OF REAL PROPERTY TAXES PAID BY DEVELOPER OR OWNERS PRIOR TO DISANNEXATION,DOWNZONING, CONDEMNATION,ILLEGAL EXACTION OR INVERSE CONDEMNATION. THIS PARAGRAPH 6(B) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 7. Default/Waiver and Release. (a) If Developer and/or Owners fail to comply with the provisions of this Agreement,the City shall have the following remedies, in addition to the any other rights and remedies available to City at law, to: (i) refuse to issue building permits for the Property, or any portion thereof; and/or (ii) refuse to approve any engineering plans for the Property, or any portion thereof; and/or (iii) file this instrument in the Real Property Records and Collin County, Texas as a lien and/or encumbrance on the Property; and/or Development Agreement(Pending Annexation)(Emerald Vista) Page 5 of 19 (iv) in its sole discretion,initiate a zoning change on all,or any portion of the Property. IN THIS CONNECTION, EACH DEVELOPER AND OWNER WAIVES, RELEASES, RELINQUISHES,DISCHARGES AND HOLDS HARMLESS THE CITY OF AND FROM ANY ACTION TAKEN BY CITY TO REZONE ALL, OR ANY PORTION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY ACTION RELATED TO DOWNZONING, TAKINGS, ILLEGAL EXACTION OR INVERSE CONDEMNATION. THIS PARAGRAPH 7(A)(IV) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; and/or (v) disannex the Property. IN THIS CONNECTION,EACH DEVELOPER AND OWNER WAIVES, RELEASES,RELINQUISHES,DISCHARGES AND HOLDS HARMLESS THE CITY OF AND FROM ANY ACTION TAKEN BY IT TO DISANNEX THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY ACTION RELATED TO THE RECOVERY OF REAL PROPERTY TAXES PAID BY OWNER OR DEVELOPER, TAKINGS, ILLEGAL EXACTION OR INVERSE CONDEMNATION. THIS PARAGRAPH 7(A)(V) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; and/or (vi) seek specific enforcement of this Agreement. (b) In the event the City fails to comply with the terms and conditions of this Agreement, Developer or Owners may seek specific enforcement of this Agreement as its/their sole and exclusive remedy. 8. Covenant Running with the Land; Expiration. (a) This Agreement shall be a covenant running with the land and Property and shall be binding on Developer and Owners and their respective successors and assigns. In addition, the parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released automatically provided that the following occurs: (i)the Annexation Ordinance is approved by the City Council as contemplated in this Agreement; and(ii)the Zoning Ordinance Amendment is approved by the City Council as contemplated in this Agreement; provided, however, that should the Annexation Ordinance not be approved by the City Council as contemplated in this Agreement, this Agreement shall not be released as to the Property, unless otherwise expressly agreed upon in writing by the City, Developer and the Owners, if applicable. (b) Even if the Annexation Ordinance and Zoning Ordinance Amendment are not approved by the City Council as contemplated in this Agreement, and the City Council expressly allows the development of the Property to commence in accordance with the Zoning Ordinance and the Regulations,as evidenced by the platting of the Property as a whole and the approval of the engineering and construction plans and permit to commence construction of the development of the Property, the obligations herein that burden the Property shall be released automatically as to each lot therein which is conveyed subsequent to the: (i) engineering inspection fees and any other applicable development or impact fees as set forth in any of the Regulations being tendered to the City; (ii) completed as-built plans related to the Property being tendered to the City; (iii) final acceptance of the public improvements construction within the Property by the City; and (iv) final plat for the Property being reviewed, approved and executed by City and filed in the Real Property Records of Collin County, Texas. Any third party, including any title company, grantee or lien holder, shall be entitled to rely on the immediately preceding sentence to establish whether such termination has occurred with respect to any applicable tract or lot. Development Agreement(Pending Annexation)(Emerald Vista) Page 6 of 19 9. Representations of Developer and Owners. Each of the Developer and Owners represents and warrants to the City that as of the Effective Date of this Agreement, each Owner: (i) is fully authorized to sell the Property, without joinder of any other person or entity; and(ii)has good and indefeasible fee simple title to the Property, free of any liens, security interests, exceptions, conditions, mineral reservations or leases or encumbrances, that could in any way extinguish the City's priority lien on the Property. 10. Limitations of Agreement. The parties acknowledge that this Agreement is limited to the matters expressly set forth herein. Regulations covering property taxes, utility rates, permit fees, inspection fees, development feet, impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further,this Agreement does not waive or limit any of the obligations of Developer and/or Owners to the City under any of the Regulations. 11. Vested Rights/Chapter 245 Wavier. This Agreement shall confer no vested rights in, upon or to the Property, or any portion thereof,unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a"permit"as defined in Chapter 245 of the Texas Local Government Code, and nothing in this Agreement provides the City with fair notice of any project of the Developer and/or Owners. EACH DEVELOPER AND OWNER WAIVES,RELINQUISHES,RELEASES,DISCHARGES AND HOLDS HARMLESS THE CITY WITH REGARD TO ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. EACH DEVELOPER AND OWNER FURTHER EXPRESSLY WAIVES, RELINQUISHES, RELEASES, DISCHARGES AND HOLDS HARMLESS THE CITY WITH REGARD TO ANY RIGHT TO CLAIM THIS AGREEMENT IS A PERMIT UNDER SECTION 212.172 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Miscellaneous. 12.1. Governing Law/Venue.The laws of the State of Texas shall govern the interpretation,validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County,Texas,and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 12.2. Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the parties hereto.This Agreement may not be assigned by the Developer and/or Owners, in whole or in part, unless the following conditions are satisfied, without which such assignment shall be null and void and of no force and effect: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by the City; (ii) the Assignment must expressly contain, among any other reasonable requirements and/or conditions of the City, an acknowledgment and agreement that all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee, or any portion thereof, contemplated herein, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) the assigning Developer or Owners,as applicable,will file any approved,executed Assignment in the Real Property Records of Collin County,Texas; and Development Agreement(Pending Annexation)(Emerald Vista) Page 7 of 19 (iv) the assigning Developer or Owners, as applicable, shall provide the City with a file-marked copy of the Assignment within ten (10) calendar days of filing the same. Upon any such assignment as provided above, the assignor shall be released from any further liability hereunder provided that the Assignment includes a provision expressly stating that the assignee is accepting and obligating itself for any and all prior duties, obligations, covenants and/or defaults of the assignor. 12.3. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via electronic mail,with documentation evidencing the addressee's receipt thereof, or a hand—delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the Parties shall be as follows: If to City, addressed to it at: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Email: mindy.manson@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Email: rpittman@abernathy-law.com If to Owners, addressed to them at: Howrey Mary Stone Living Trust Edward L. Howrey, Trustee 2120B S. Ballard Avenue Wylie, Texas 75098 -and- Cecil Hale 6808 Gold Dust Trail Dallas, Texas 75252 Telephone: 214-242-9664 Email: halececil@att.net Development Agreement(Pending Annexation)(Emerald Vista) Page 8 of 19 If to Developer, addressed to it at: Douglas Properties, Inc. Attn: Jim Douglas 2309 K Ave, Suite 100 Plano, Texas 75074 12.4. Authority. Each of the parties represents and warrants to the other that they have the full power and authority to enter into and fulfill the obligations of this Agreement. 12.5. Attorney's Fees. In any legal proceeding brought to enforce any term of this Agreement, the prevailing party may recover its reasonable and necessary attorneys' fees and expenses from the non-prevailing party/parties as permitted by Section 271.153 of the Texas Local Government Code, as applicable. 12.6. Warranties/Representations. All warranties, representations and covenants made by a party to any other party in this Agreement, or in any certificate or other instrument delivered by a party to any other party under this Agreement, shall be considered to have been relied upon by the receiving party. 12.7. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed and delivered to the other parties. 12.8. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date. 12.9. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12.10. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 12.11. Waiver. Waiver by any party of any breach of this Agreement, or the failure of any party to enforce any of the provisions of this Agreement, at any time, shall not, in any Development Agreement(Pending Annexation)(Emerald Vista) Page 9 of 19 way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 12.12. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 12.13. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon each Developer, and their respective officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom Developer is legally responsible and/or who may acquire an interest in the Property, provided Paragraph 12.2 is satisfied, if applicable. 12.14. Reference to Owner. When referring to each "Owner" herein, this Agreement shall refer to and be binding upon each Owner, and its officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom each Owner is legally responsible and/or who may acquire an interest in the Property, provided Paragraph 12.2 is satisfied, if applicable. 12.15. Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. 12.16. Survival of Covenants. Any of the representations, warranties, covenants and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 12.17. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties to this Agreement. 12.18. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 12.19. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 12.20. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as Development Agreement(Pending Annexation)(Emerald Vista) Page 10 of 19 a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 12.21. Time is of the Essence. Time is of the essence in this Agreement. 12.22. Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and authorized assigns. [Signature page follows.] Development Agreement(Pending Annexation)(Emerald Vista) Page 11 of 19 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first below written. EXECUTED in duplicate originals this 8 day of Au?Its 7' , 2017. CITY: CITY OF WYLIE, TEXAS a home-rule municipality By: `' k* Mindy anson, City Manager STATE OF TEXAS § COUNTY OF COLLIN § p his instrument was acknowledged before me on the O �'day of U.‘ , 2017, Ady by niUSoit/, City Manager of the City of Wylie, Texas Pv Pi, CAROLE EHRLICH r ae- NOTARY PUBLIC * STATE OF TEXAS /\ ey ID#11306525 , N tary Public-S ate of Texas "'�OF Iv My Comm.Expires 08-03-20.18 Development Agreement(Pending Annexation)(Emarald Vista) Page 12 of 19 EXECUTED in duplicate originals this - day of 4CIS 2017. Developer: Jim Douglas, Douglas Properties, Inc. By: N e: Jim Douglas Its: President STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2017, by Jim Douglas,Douglas Properties, Inc.. [Seal] , .-4)1: :`;:"' BRENDA KAYE BERRY Ispm . Notary Public.Stain nr TQxnc it---' _o' = My Commission Expires Notary P atepfF e & 1t, 2oi9 Development Agreement(Pending Annexation)(Emerald Vista) Page 13 of 19 EXECUTED in duplicate originals this st. day of 4v' t'5 ,2017. PROPERTY OWNER: Cecil Hale By: 0,4--1,02-4 i3/i 117 Name: Cecil Hale Its: Owner • STATE OF TEXAS § COUNTY OF COLLIN § Thisi acknowledged instrument was acknowled ed before me on the / day of d ,2017, by Cecil Hale [Seal \\\µ .Y `e:y BRENDA KAYE BERRY • •foi Notary Public.State of Texas ,41 My Commission Expires °'k7,;.F February 11. 2019 Notary Public--St of Tex Development Agreement(Pending Annexation)(Emerald Vista) Page 14 of 19 EXECUTED in duplicate originals this I ay of 2017. PROPERTY OWNER: HOWDY MARY STONE LIVING TRUST,an Inter vivos Trust. By: Name: Edward . Howrey5 Its: Trustee STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the / day of 2 7 by Edward L. Howrey, as Trustee of the Howre ary S ne Living T st. [Seal] otary Public--S of Texas ♦tg Pi:,i BRENDA KAYE BERRY e:^ Notary Public,State of Texas ,r - My Commission Expires ��Yr 1�S 6r•;, February 11, 2019 OOOOO Development Agreement(Pending Annexation)(Emerald Vista) Page 15 of 19 Exhibit A-1 Legal Description of the Howrey Tract BEING a 31.474 acre tract of land situated in the D.W.Williams Survey,Abstract 980, Collin County, Texas, and being all of that certain called 32-1/2 acre tract of land described in deed to the Mary Stone Howrey Living Trust, as recorded in Instrument 20110217000178570, Deed Records, Collin County, Texas,said 31.474 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northeast corner of said 32-1/2 acre tract and the northwest corner of Southbrook Phase I, an addition to the City of Wylie,as recorded in Cabinet P, Page 987, Plat Records, Collin County,Texas,said point also being in the south line of a 7.0105 acre tract described in a deed to Gary Nelson and Melissa Nelson as recorded in Instrument 20080311000291280, Deed Records, Collin County,Texas; THENCE South 01 degrees 01 minutes 25 seconds West, with the common boundary lines of said Southbrook Phase I and said 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the northwest corner of a 0.9958 acre tract of land described in deed to Richard Alan Cermack and Ann Marie Cermack, as recorded in Instrument 20121228001646720 of said Deed Records and continuing along the common line of said 32-1/2 acre and 0.9958 tract, at 1213.97 feet passing the southwest corner of said 0.9958 acre tract common to the northwest corner of a called 2.00 acre tract described in a deed to Carl Foster and wife Gladys Foster as recorded in Volume 528, Page 213 of said Deed Records and continuing with the west line of said 2.00 acre tract for a total distance of 1450.00 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for corner at an interior corner of said 32-1/2 acre tract and the southwest corner of said 2.00 acre tract; THENCE South 54 degrees 28 minutes 51 seconds East,with the common boundary lines of said 32-1/2 acre tract and said 2.00 acre tract at a call of 182.82 feet passing the southeast corner thereof,and continuing with the southwest lines of Tract II and Tract III, described in deed to Brenda Lee Hensley, as recorded in Instrument 20071127001587490 of said Deed Records, a 1.4376 acre tract of land described in deed to Jerry Hensley and Brenda Hensley, as recorded in County Clerk file 94-0078144 of said Deed Records, a 4.2466 acre tract of land described in deed to Jerry Hensley and Brenda Hensley, as recorded in County Clerk file 95-0043284 of said Deed Records, and the southwest line of the remainder of a 61.453 acre tract described in a deed to Gladys P. Foster as recorded in Volume 3169, Page 859 of said Deed Records,for a total distance of 1172.93 feet to a 60d Nail found for corner in a fence post at a common corner of said 32-1/2 acre and 61.453 acre tract; THENCE South 03 degrees 09 minutes 19 seconds East, with a common boundary line of said 32-1/2 acre and 61.453 acre tract, a distance of 168.60 feet to a 60d nail found for the south east corner of said 32- 1/2 acre tract and an exterior ell corner of said 61.453 acre tract, said corner being in the north boundary line of a 21.998 acre tract of land described in deed to Cecil Hale, as recorded in Volume 5166, Page 1868 of said Deed Records; THENCE North 89 degrees 32 minutes 41 seconds West,with the common boundary line of said 32-1/2 acre tract and said 21.998 acre tract, at a distance of 167.55 feet passing a 5/8-inch iron rod with cap (3949)found for the northwest corner of said 21.998 acre tract and the east corner of a 3.000 acre tract of land described in deed to Peter P. Brady and Denise Brady,as recorded in Volume 5912, Page 1996 of said Deed Records, and continuing with the common boundary line of said 3.000 and said 32-1/2 acre tract,for a total distance of 903.48 feet to a point for corner at a southerly corner of said 32-1/2 acre Development Agreement(Pending Annexation)(Emerald Vista) Page 16 of 19 tract and the west corner of said 3.000 acre tract,from which a 5/8-inch iron rod with cap (3949)found for reference bears South 89 degrees 32 minutes 41 seconds East a distance of 28.54 feet,said corner being in the center of Pleasant Valley Road, a 44 ft. asphalt public road by occupation, (no record found); THENCE North 45 degrees 16 minutes 24 seconds West, with the southwest boundary line of said 32 1/2 acre tract and the center of said Pleasant Valley Road,a distance of 830.41 feet to a PK Nail set for corner in the easterly right-of-way line of South Ballard Avenue, a variable width right-of-way, said corner being the beginning of a non-tangent curve to the left having a radius of 635.75 feet whose chord bears North 18 degrees 10 minutes 52 seconds East, a distance of 91.36 feet; THENCE Northerly,with the easterly right-of-way line of said South Ballard Avenue,the following courses: Northeast, with said curve to the left, through a central angle of 08 degrees 14 minutes 28 seconds, an arc distance of 91.44 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for corner from which a 1/2-inch iron rod found bears South 38 degrees 18 minutes 08 seconds West, a distance of 23.10 feet; North 12 degrees 28 minutes 48 seconds East, a distance of 17.98 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the beginning of a non-tangent curve to the left having a radius of 3009.92 feet whose chord bears North 09 degrees 07 minutes 10 seconds East, a distance of 352.89 feet; Northeast, with said curve to the left, through a central angle of 06 degrees 43 minutes 17 seconds, an arc distance of 353.09 feet to a 60d Nail set for the end of said curve; North 05 degrees 50 minutes 22 seconds East, a distance of 22.32 feet to a point for corner; North 05 degrees 54 minutes 15 seconds East, a distance of 74.57 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the beginning of a non-tangent curve to the left having a radius of 4490.51 feet whose chord bears North 03 degrees 12 minutes 40 seconds East, a distance of 409.73 feet; Northeast, with said curve to the left, through a central angle of 05 degrees 13 minutes 47 seconds, an arc distance of 409.88 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for the end of said curve; North 00 degrees 33 minutes 46 seconds East, a distance of 752.99 feet to a 1/2-inch iron rod found for the northwest corner of said 32-1/2 acre tract common to the southwest corner of said 7.0105 tract; THENCE South 89 degrees 34 minutes 06 seconds East, with the common boundary line of said 7.0105 acre tract and said 32-1/2 acre tract, a distance of 426.79 feet to the POINT OF BEGINNING AND CONTAINING 1,371,023 square feet or 31.474 acres of land. This description is based on the Land Title Survey and Plat made by Robert C. 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O. ramL CMm...eV;ma.........Omm mel Ibd net.b.MOOC.4po.5 Ll el optas col 1 m°'a0m Nat°.°cam(011/ks .b wCa.n t1.3"w dam Mann 10 33 o.a°`a .I pm ammo /w.mmm.-mm°w..Pma 1 .mes ace um.let.n..m..* 09`.0 cawro s ton m nano!..a no a.a[mcY.my mupm. ama Pomona '"°4.,end.Mom a•eon od ecru Dot OA1.soon 010305 Ca.MA,1.5 I PAC,-A- a i m a ue..-J_ P. 4 coos..aaaH•4e as pmale a 0 P W 1,2 cox. ob4Po1f.ION o>i]Pets 01 a•t of 00•aanaw[..cams m { '• . -0- maroon on.Yt a Mos c n1 01.wN m NO ba•la4m a 1e••cI A tut .,Jf'(/1-J// __ a0[es�.e on L. 2. Y...an.4.4vq. t I a•l Ma w0/a•Mt PM Oh M.alp am�wdW anam�' BOUNDARY SURVEY CM.a}.t Man h 0.10.r Nos..wp OF •Omen.`po•ammo m Lan Cm M.1st.2z1 Po slot ` ...a IarMOreC..m[ (a..4.m,1."' 31.474 ACRES *s*L1a 11r'd .w.ona m Iba a.sLL Vml M Oat am•MY raanmm .[emn.t m Toss Poste 0 W1l CO-.311 1h(I I(..la.m) �` a•..� i 21 la.fa.5.1 at 010 21.21/.a.p all Na 21.Na.Malan.041.On N• Ica SITUATED IN T IIE 13 tli a raO1TN M• fn. r •u1PAWL 51 35.P[.. OaNmeta13 q...Oats Owens.wLD.W. wrt[Inua SURVEY. AHST. NO. 080 awn -4aaa wet s.P bas m[z.m P.r a 4vay 2olw .lr m Ib.[aam.t m ua Pa••lab 4PpJ aw,w Inv.P. CITY OF TTYI]F:HR.].,COLLIN COUNTY. TIXIL9 �� \ r! `'_"_�/ ,d,a � w111e,ww.l 10a(+m.Is pm.m u.a sue amVII.w r G urw • R.C.LY400 MEMOSUR Cot oC LW • K061FI30 RV'{59bIK km 11a,C1R, ]90] .10 eats L.[amna.l I.IMN Oval Ilab.A It.Peb0L OP. ROWLE�aT1 734.0 soul[O'T 11 NO 3011 ^ 03.Pa 2.ae,pacer.(a:C...)10 (21q m2-o03a r.1x(012).12-.9)1 VICINITY►AP ��' •20 man co.1a..mt Ea rust Pat mla iay 03p,Nabs ant:mn.•a1mF ogm nalO. n IMO 20110721203700510.13.0.2.1.0 Nmam)101 �' 239 0351.01C\0910 3 04.q Exhibit A-2 Legal Description of the Hale Tract BEING.A TRACT OF LAND SITUATED IN THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, COLLIN COUNTY,TEXAS,AND BEING A PART OF A 21.998 ACRE TRACT OF LAND CONVEYED TO CECIL HALE BY - DEED RECORDED IN VOLUME 5166, PAGE 1868, DEED RECORDS, COLLIN COUNTY,TEXAS, AND BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A P.K. NAIL SET IN THE APPROXIMATE CENTERLINE OF PLEASANT VALLEY ROAD (C.R. 378) AND BEING THE SOUTHWEST CORNER OF AFORESAID 21.998 ACRE TRACT AND THE NORTHWEST CORNER OF A 1.00 ACRE TRACT OF LAND CONVEYED TO SANFORD L.TUCKER BY DEED RECORDED IN VOLUME 677, PAGE 73, DEED RECORD, COLLIN COUNTY,TEXAS; THENCE, NORTH 44 DEGREES 03 MINUTES 00 SECONDS WEST, ALONG THE APPROXIMATE CENTERLINE OF PLEASANT VALLEY ROAD (C.R.378)AND THE WESTERLY LINE OF SAID 21.998 ACRE TRACT,A DISTANCE OF 343.64 FEET TO A P.K. NAIL SET FOR CORNER IN THE APPROXIMATE CENTERLINE OF PLEASANT VALLEY ROAD (C.R. 378); THENCE, NORTH 47 DEGREES 58 MINUTES 46 SECONDS EAST,AT A DISTANCE OF 20.01 FEET A 5/8 INCH IRON ROD SET FOR REFERENCE AND FOR A TOTAL DISTANCE OF 515.96 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER ON THE NORTH LINE OF SAID 21.998 ACRE TRACT AND ON THE SOUTH LINE OF A 32.5 ACRES TRACT OF LAND CONVEYED TO JAMES EDWARD STONE, ET AL, BY DEED RECORDED IN VOLUME IN VOLUME 323, PAGE 484, DEED RECORDS, COLLIN COUNTY,TEXAS; THENCE SOUTH 88 DEGREES 31 MINUTES 38 SECONDS EAST,ALONG THE NORTH LINE OF SAID 21.998 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID 32.5 ACRE TRACT,A REMAINDER TRACT OF LAND CONVEYED TO GLADYS P. FOSTER BY DEED RECORDED IN VOLUME 3169, PAGE 859, DEED RECORDS, COLLIN COUNTY,TEXAS AND A 21.0749 ACRE TRACT OF LAND CONVEYED TO WILMA JEAN TURNER BY DEED RECORDED UNDER COUNTY CLERK'S FILE NUMBER 97-0004018, DEED RECORDS, COLLIN COUNTY, TEXAS,AT A DISTANCE OF 167.51 FEET TO A Y INCH IRON ROD FOUND (CONTROL MONUMENT) FOR THE SOUTHEAST CORNER OF SAID 32.5 ACRE TRACT AND FOR A TOTAL DISTANCE OF 1342.344 FEET TO A 3/ INCH IRON ROD FOUND (CONTROL MONUMENT) FOR CORNER ON THE SOUTH LINE OF SAID 21.0749 ACRE TRACT; THENCE,SOUTH 84 DEGREES 32 MINUTES 21 SECONDS EAST, CONTINUING ALONG THE SOUTH LINE OF SAID 21.0749 ACRE TRACT AND ALONG THE SOUTH LINE OF A 20.0749 ACRE TRACT OF LAND CONVEYED TO RICKY RAY FOSTER BY DEED RECORDED UNDER COUNTY CLERK'S FILE NUMBER 98-0007168, DEED RECORDS, COLLIN COUNTY,TEXAS,A DISTANCE OF 270.22 FEET TO A 14 INCH ELM TREE FOR THE MOST WESTERLY NORTHWEST CORNER OF A 134.33 ACRE TRACT OF LAND CONVEYED TO MRS.THELMA RICE BY DEED RECORDED IN VOLUME 561, PAGE 266, DEED RECORDS, COLLIN COUNTY,TEXAS,AND BEING THE NORTHEAST CORNER OF SAID 21.998 ACRE TRACT; THENCE, SOUTH 08 DEGREES 41 MINUTES 00 SECONDS WEST,ALONG A WEST LINE OF SAID 134.33 ACRE TRACT AND AN EAST LINE OF SAID 21.998 ACRE TRACT,A DISTANCE OF 166.27 FEET TO A FENCE POST FOR CORNER; Development Agreement(Pending Annexation)(Emerald Vista) Page 18 of 19 THENCE,SOUTH 16 DEGREES 39 MINUTES 00 SECONDS EAST,ALONG A WEST LINE OF SAID 134.33 ACRE TRACT AND AN EAST LINE OF SAID 21.998 ACRE TRACT,A DISTANCE OF 265.80 FEET TO A FENCE POST FOR THE MOST WESTERLY SOUTHWEST CORNER OF SAID 134.33 ACRE TRACT AND BEING ON THE NORTH LINE OF A 6.00 ACRE TRACT OF LAND CONVEYED TO LARRY D. MORGAN BY DEED RECORDED IN VOLUME 1449, PAGE 264, DEED RECORDS, COLLIN COUNTY,TEXAS; THENCE,SOUTH 85 DEGREES 32 MINUTES 00 SECONDS WEST,ALONG THE SOUTH LINE OF SAID 21.998 ACRE TRACT AND THE NORTH LINE OF SAID 6.00 ACRE TRACT,A DISTANCE OF 264.00 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER; THENCE, SOUTH 86 DEGREES 34 MINUTES 00 SECONDS WEST, (BASIS OF BEARINGS) CONTINUING ALONG THE SOUTH LINE OF SAID 21.998 ACRES TRACT AND THE NORTH LINE OF SAID 6.00 ACRE TRACT, ALONG THE NORTH LINES OF A 5.00 ACRE TRACT OF LAND CONVEYED TO LARRY D. MORGAN,THE NORTH LINE OF A 4.965 ACRE TRACT OF LAND CONVEYED TO BOBBY GLEN ELLIS BY DEED RECORDED IN VOLUME 3097, PAGE 3, DEED RECORDS, COLLIN COUNTY,TEXAS,THE NORTHLINE OF A 1.00 ACRE TRACT OF LAND CONVEYED TO ROBERT STEWART BY DEED RECORDED IN VOLUME 697, PAGE 735, DEED RECORDS, COLLIN COUNTY,TEXAS,AND ALONG THE NORTH LINE OF SAID 1.00 ACRE TUCKER TRACT,AT A DISTANCE OF 1519.55 FEET A 5/8 INCH IRON ROD SET FOR REFERENCE AND A TOTAL DISTANCE OF 1545.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 958,239 SQUARE FEET OR 21.998 ACRES OF LAND. 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Io.CawLANNT:O,lt 12.Mn.W.......10•mdeee a mad .a lotear. em.. .u.a.0.dl..wb.dd.pay.mi.. . .d dea I.Ib } dV . .N6a...man .Ii ...0•312 ,r I..,...Capwa dmd�...�d6. 6...,.a .a..l,..d2 .. R.C.MYERS SURVEYING,LLC LAND 111LE SURVEY A 61me✓.Y.7.011LP.nld.cbd=1.0wMkaIN11dll.Wur.00.1a.e'H'N•A•nb4auda. 11Ht.Si;fm. mdmuw.0 6mo...wclaa.A.0900 ...10m2�71.AA�.e�wdm nr OF d.GU.n�a..uwsan9.a.l4.uame....um.ay.uyrman.0msmfsxd.wk.suPd4md Gen.m2.191•fWn1f.91W.-.I.na.) .�•.d.0..m.wllwsed yeiNo6 iaulbmp.9.d.4N -lugs..fa0ms.bmlmm 9.....cre 1del.rJa.vpaya..aaana2..T.b c...,...d..a........1.oep..nv4ns.bdadu.aA.. l I.b.nd..dOnN.m4.omwma . 21992 ACRES 6a5..a2^b..0te .IW.a.®e.aa..riwM.M ea b..pada4.6aRa4f..J•gulr2... VJa.6AP ..0(IC.3wa...F.ad...Yoo.mdaddRdm ae.narm. 2Ov4aaY.re4afarrary.Afa.dWa. , Vi m: 2 2/1V21GV q.e2ma�aw.aea. aa.ammlesa.a.Pnd.br..Ia, '/' q) i°'1' 1••••1 ^��i° aa�aw�,w nle o�•a3aTms'i:° AP.p ra((N.00.4a.ea11wa+uK*..dea2dl dro•ayt.a.a........ A...t'. a4ee)a4m.nee.da.ad....6.do.n.emnn.m,..Bad.dnw4a.sl.ar�lmt StrO Da.n. 6•1.3.saor•A....1,va.,ertaansA+d.agra<d /'`� '®^ ._....�.voco.lmm:`�Ia.eulm 9NAlIDH1FE wp.V..I.IaOKumrn..2N11vaAwclr.311.0.1 C / ...l¢(• $ Aa.dvdml...2n•......alS.pr..e.ma.l0,100 o ✓ :::op a..Dawusr aRlIa.ea WLWtM BUTTON SURVEY,ASST.NO.B60 can e.am. x6ImA11 I m..6r•..Iae.m4 All 13.00. a an'OF WYLE.COLLH COUNTY,TEXAS Exhibit B Proposed Plan Development Standards I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 -Planned Development—Single Family(PD—SF) Lot Size(Minimum) Lot Area(sq. ft.) 6,325 Lot Width (feet) 55 Lot width of corner Lots (feet) 60 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum,Square Footage) All Homes will be a minimum of 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements-.Main,Structures Front Yard (feet) 20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard (feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height:of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 175 lots. 2. 1/3 of the lots will be a minimum width of 55 feet, 1/3 of the lots will be a minimum width of 60 feet and 1/3 of the lots will be a minimum width of 65 feet. 3. Developer will donate 2 Acres to the City of Wylie for use of a Fire Station. See location map in Exhibit "C". The tract will be deeded at time of Final Plat filing in lieu of Park fees. 4. Key lots are defined as a corner lot which is backing up to an abutting side yard. 5. Three-tab roofing shall not be permitted. 6. No alleys shall be required within the Planned Development. 7. Developer shall install a screening wall where lots back or side to Elm, Ballard and Pleasant Valley with a 5 ft side walk back of curb. 8. Lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 9. The Subdivision shall conform to the Development Plan attached as Exhibit "D'.' 10.Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 11.Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 12.Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. Developer will be the contact entity with the City for all concerns regarding maintenance of park and open space until 100% of HOA control is turned over to the homeowners. B. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 13.All Park Amenities as described in Zoning Exhibit and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy, of the affected Phase. A. This Development will pay no Park Fees. IV. DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Zoning Exhibit and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Zoning Exhibit as adopted by this ordinance. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. 44, Public Access Street _ Subdivision 111111111 Development Public Open • Space Easement Open Space .• . `. b. Desirable Design Attributes Single-loaded Street along open space and access per Zoning Exhibit. 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Zoning Exhibit and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Zoning Exhibit. The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper. Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear b. Desirable Design Attributes None B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 1 ly7 Y .ram` * Sg.L^i>.tlOa.° fj„f'fi n.o e• arr s ram.♦ • ' c : • x v4 44 2. Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 4. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. b. Desirable Design Attributes: m 6 1 f None 5. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the façade shall be offset a minimum of 1 foot either protruding from or recessed back from the remainder of the façade. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 120 total square feet of floor area. l I_L. 1 .. R. 1' / -Ir';'''/ t ``\ Lam. ° - b. Desirable Design Attributes: Two or more sides of covered porches, or pitched cover incorporated into roof lines of house 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone,matching the accent exterior façade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. b. Desirable Design Attributes: None 7. Roofs and Roofing - Roofing Materials a. Base Standard All single family 1212 residential units shall 1012 have architectural- Ninimum Roof grade overlap 411IIIIIIIII: TT 8:12 shingles, tile or standing seam metal. Wood shingles are i — not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing - Roof Eaves a. Base Standard No wood fascia or soffits are permitted. y _ • b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation a. Base Standard A minimum of five(5)platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. .L_.1_I.L.J.J_..L_ -L-.J-.L_1_i . 'r1'T'T'T'T'r1'T'T'TO'K' I-'T'T'- I NO .I 71. 6 I S I .41 31 2 .I1 .3 LOTI S SKIPI/EDD OPIjO��IDE O IS REST 6 Fflii:TIFT 2 1 3 •�� TTN . . . .I I 1—'1T'T'T'T'T 1 T'T'T'T'1-I'T'T'T' Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. '` - 7 , t ° x° _. ll ` r' ; l f„... . y•, .�,.. mac. b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall 2,000 s.f. , measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (2) Pressure treated wood is prohibited. (3) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front façade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes None I L I 4 P IU' HOP.TH T /.»HUNICIP'7('/�L I I / 56 y Iq` 1 I J Y.IATER DISTFF��ICF EASEI,EII'I / / / ^ 100 60 o 100 200 VOL. da^_L', PG. G436/ ` D 6.0 C.I / , I I SCALE IN FEET 2 - I I 26 I Calling o 11 I I I I W 55 \A Ntlmco. w I I I J." a:nn by rneloCity ond boom, 9 _ I I W i\ Stole La,ana Is s°m uct to s Q I ((I CZ \'iG'INITI'S1,\I' and•Offholklsof of nun 9 P.... o .<n COLONIAL ATA ACRES ' / I 21,0I S.F. 25 n r s VOL. 6 PG. 39 �' / I I I 54 nuTE_ P.R.GC.T. / 'T G / I I I ISent.Sent.a ._O_.Lassa Co,l.,m,.Cos,<.T=i in.a3-Ilea JLu II l 24 \ n.1 Q / °a L.11 t1e.a N Ur- // / 7 / 247.05' 3 3 (� — \ i :s0L ?5' 52.50' n ev o tu,�.mnr>��,<.m7..ml.,.....1>9„�I.01.,..,o-L,o v / c fot 23 22/ IIT-►1 --►v S 6 In L `� 9 c'( I'_. 20.00' 80.178 AC. /9 �/.'1 ^X� �. WYLIE DPV LIMITED PARTNERSHIP 9� c'(. INSTR. 20131029001473060 D.R.C.C.T. a M 4X 6,172 S.F 3 I • EXHIBIT 11C'I a OWNERS NARY STONE NONR£Y LIVING TRUST FIRE STATION EXHIBIT PO6 WILE.TXX 75098 X HOWREY FARMS 60 CECIL HALE I FIRE STATION SITE 6808 GOLD DUST TRAL BEING 00.uS.TEXAS 75252 51.708 ACRES SITUATED IN THE DEVELOPER WIWAM SUTTON SURVEY,ABST. 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IgTnnl " o ,w. ,. .... �';nol '�lioldlltian'vMu'�"MI"�x� mka*�;;��n u=ialt=c,**I* 44I41-JT4^a^,,tiOCR tl EMERALD VISTA *11 dint;11,„*1,11,ls*T, MI? �i;81`k" hdis n 1**iu3ts 11 d}aJTc?ta 1„*„ kS,`zP?dx IV, *ns+_enni 7.77*, t*77 °trr^ nz . _,. 11'xxll``1, *In. ^&'DC1 i 4Y..` ztt tt1r,'4 w` ,. , Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 24, 2017 Item Number: C Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: October 12, 2017 Budgeted Amount: $15,778.80 Exhibits: 1 Subject Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2017-2018 in the amount of$15,778.80. Recommendation Motion to authorize the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2017-2018 in the amount of$15,778.80. Discussion Collin County allocates funds for library services to cities in the county. For fiscal year 2018, Collin County will fund the Rita and Truett Smith Public Library $15,778.80 from October 2017 through September 2018. Payments are made to the City of Wylie on a quarterly basis. Page 1 of 1 THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND THE CITY OF WYLIE REGARDING THE RITA & TRUETT SMITH PUBLIC LIBRARY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the City of Wylie; a political subdivision of the State of Texas; hereinafter referred to as the "CITY". II. The COUNTY and CITY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The CITY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The Rita & Truett Smith Public Library, hereinafter referred to as the "LIBRARY", is a department of the City established by the City Council for administering and providing library services for the general public in Wylie and Collin County, Texas. The undersigned officers or agents of the COUNTY and the CITY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the CITY in the amount of$15,778.80 for the 2018 fiscal year (October 2017 through September 2018) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the CITY will provide the following services to the citizens of Collin County for the year of 2018: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. "Full library services" shall mean access to all library materials made available to Wylie residents. Notwithstanding the foregoing, City reserves the right to adopt and enforce rules and regulations regarding the use of the library facilities which make reasonable distinctions between Wylie residents and non-residents. City may promulgate rules regarding general access to library materials, including internet access, in its sole discretion. The LIBRARY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the CITY by the COUNTY shall be used solely for library services to the public. The CITY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week(except officially recognized holidays). The CITY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by law shall not be compromised. For the aforementioned services provided by the CITY, the COUNTY agrees to pay to the CITY for the full performance of this agreement the annual amount of $15,778.80 to be paid in quarterly installments. The CITY understands and agrees that payment by the COUNTY to the CITY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The CITY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The CITY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. COLLIN COUNTY SIGNATURE: Keith Self, Collin County Judge Date CITY OF WYLIE SIGNATURE: Date PRINT NAME: TITLE: Wylie City Council AGENDA REPORT Meeting Date: October 24, 2017 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 12, 2017 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2017. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for September 30, 2017. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 i 2016-2017 Investment Report September 30, 2017 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,678,952.58 MMA 1.0151% Texpool 12/31/2006 NA 2 $15,207,304.83 MMA 1.0384% TexStar 3/15/2011 NA $29,886,257.41 Total Weighted Average Coupon: 1.0270% Money Markets: $29,886,257.41 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,886,257.41 Wylie City Council tt° AGENDA REPORT Meeting Date: October 24, 2017 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 12, 2017 Budgeted Amount: Preliminary Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2017. Recommendation Motion to accept and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2017. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT September 30,2017 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 27,419,065 428,242 26,367,573 96.17% A FRANCHISE FEES 2,680,000 39,689 2,507,759 93.57% B LICENSES AND PERMITS 811,000 80,312 1,130,011 139.34% INTERGOVERNMENTAL REV. 897,145 4,861 869,743 96.95% C SERVICE FEES 3,230,000 345,850 3,336,428 103.29% FINES AND FORFEITURES 570,800 42,496 557,321 97.64% D INTEREST INCOME 20,000 7,821 79,536 397.68% MISCELLANEOUS INCOME 159,500 12,920 238,069 149.26% OTHER FINANCING SOURCES 2,127,714 2,802 3,125,271 146.88% E REVENUES 37,915,224 964,993 38,211,711 100.78% USE OF FUND BALANCE 1,573,248 NA NA NA F USE OF CARRY-FORWARD FUNDS 200,647 NA NA NA TOTAL REVENUES 39,689,119 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 114,462 2,692 79,020 69.04% CITY MANAGER 889,328 91,185 839,754 94.43% CITY SECRETARY 361,422 37,399 325,944 90.18% CITY ATTORNEY 155,000 18,752 83,811 54.07% FINANCE 1,166,933 101,593 1,107,058 94.87% FACILITIES 748,863 147,908 678,287 90.58% MUNICIPAL COURT 458,048 35,619 412,868 90.14% HUMAN RESOURCES 430,119 50,197 401,865 93.43% PURCHASING 162,787 21,145 155,726 95.66% INFORMATION TECHNOLOGY 1,248,123 59,419 1,122,031 89.90% POLICE 8,520,481 918,762 8,222,185 96.50% FIRE 8,141,806 975,604 7,746,131 95.14% EMERGENCY COMMUNICATIONS 1,603,881 134,199 1,277,713 79.66% ANIMAL CONTROL 582,434 63,207 531,789 91.30% PLANNING 608,756 63,971 580,416 95.34% BUILDING INSPECTION 576,140 60,819 472,551 82.02% CODE ENFORCEMENT 234,175 20,771 199,283 85.10% STREETS 3,221,586 382,928 2,967,620 92.12% PARKS 2,651,881 283,351 2,311,312 87.16% LIBRARY 1,913,416 202,772 1,819,033 95.07% COMBINED SERVICES 5,400,497 557,222 4,886,573 90.48% TOTAL EXPENDITURES 39,190,138 4,229,515 36,220,970 G 92.42% REVENUES OVER/(UNDER)EXPENDITURES 498,981 -3,264,522 1,990,741 8.36% A.Property Tax Collections for FY16-17 as of September 30 are 100.09%,in comparison to FY15-16 for the same time period of 100.95%. B.Franchise Fees:Q4(July-September)Cable Franchise Fees will be accrued to FY 2017 when received. C.Intergovernmental Rev:Q4(July-September)WISD reimbursements will be accrued to FY 2017 when invoiced. D.Fines and Forfeitures:Actual revenues are up 8.4%compared to this time last year. E.Other Financing Sources includes the annual transfer from the Utility Fund,insurance recoveries,&proceeds from the sale of capital assets. F.Use of Fund Balance:Amount expensed in Q1 -Q3 FY 2017(Oct-Jun)for hail storm damage repairs plus transfer to PSB Remodel/Expansion. G.FY 2016-17 expenditures are still in the process of being finalized. CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT September 30,2017 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 15,945,000 1,543,109 14,624,693 91.72% H INTEREST INCOME 10,000 3,737 27,551 275.51% MISCELLANEOUS INCOME 32,000 136,034 174,386 544.96% OTHER FINANCING SOURCES 0 0 5,432 0.00% REVENUES 15,987,000 1,682,880 14,832,062 92.78% USE OF FUND BALANCE 41,637 NA NA NA J USE OF CARRY-FORWARD FUNDS 45,000 NA NA NA TOTAL REVENUES 16,073,637 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 408,419 47,544 327,501 80.19% UTILITIES-WATER 2,475,365 203,433 1,790,419 72.33% CITY ENGINEER 503,600 43,248 389,428 77.33% UTILITIES-SEWER 710,633 63,149 609,117 85.71% UTILITY BILLING 512,687 37,952 396,507 77.34% COMBINED SERVICES 12,257,449 800,104 11,892,796 97.03% TOTAL EXPENDITURES 16,868,153 1,195,430 15,405,768 K 91.33% REVENUES OVER/(UNDER)EXPENDITURES -794,516 487,450 -573,706 1.45% H.Service Fees:Water&Sewer fees billed in October'17 will be accrued back to FY 2016-17. I.Other Financing Sources includes insurance recoveries,&proceeds from the sale of capital assets. J.Use of Fund Balance:Amount expensed in Q1 -Q3 FY 2017(Oct-Jun)for hail storm damage repairs. K.FY 2016-17 expenditures are still in the process of being finalized. f Wylie City Council AGENDA REPORT Meeting Date: October 24, 2017 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Various Date Prepared: October 12, 2017 Budgeted Amount: Exhibits: 5 Subject Consider, and act upon, Ordinance No. 2017-30 amending Ordinance No. 2017-26 (2017-2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2017-30 amending Ordinance No. 2017-26 (2017-2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Discussion As part of the FY 2017-18 budget process, the City hired Segal-Waters Consulting to conduct a market survey focusing on employee compensation. Staff was directed to set aside funds for employee salary adjustments in the FY 2017-18 budget to implement the recommendations made by the consultant. This is now being brought back for Council consideration in the form of an ordinance amending the FY 2017-18 Budget Ordinance to reallocate these funds to the proper departments. Exhibit 2 As part of this budget amendment, staff is also recommending allocating funds in select departments solely for the purpose of completing projects that were budgeted for and started in FY 2016-17 but, due to unforeseeable events, were unable to be completed in FY 2016-17. Exhibit 3 Finally, staff is recommending allocating funds, in the amount of $80,134, to fund a new Crime Victim Advocate position in the Police Department. A portion of the cost for this position will be supplemented by a grant, in the amount of$42,000, from the State Attorney General Office. Exhibits 4 & 5 Page 1 of 1 ORDINANCE NO. 2017-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2017-26, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2017-2018; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2017-26 setting forth the Budget for Fiscal Year 2017-2018 beginning October 1, 2017, and ending September 30, 2018; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2017-2018 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2017-2018 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2017-26, are, completely adopted and approved as amendments to the said FY 2017-2018 Budget. SECTION II: All portions of the existing FY 2017-2018 Budget and Ordinance No. 2017-26, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No. 2017-30 City Council Budget Amendment FY 2017-2018 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of October, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No. 2017-30 City Council Budget Amendment FY 2017-2018 Exhibit 2 Budget Amendment Redistribution of Funds Set Aside for Market Adjustments Fund Department Account Number Debit Credit 100 5112 51110 23,191.00 51310 3,497.00 51440 1,438.00 51450 336.00 100 5113 51110 9,369.00 51310 1,413.00 51440 581.00 51450 136.00 100 5131 51110 17,198.00 51310 2,593.00 51440 1,066.00 51450 249.00 100 5132 51110 2,932.00 51310 442.00 51440 182.00 51450 43.00 100 5152 51110 11,729.00 51310 1,769.00 51440 727.00 51450 170.00 100 5153 51110 20,527.00 51310 3,095.00 51440 1,273.00 51450 298.00 100 5154 51110 2,120.00 51310 320.00 51440 131.00 51450 31.00 Fund Department Account Number Debit Credit 100 5155 51110 4,930.00 51310 744.00 51440 306.00 51450 71.00 100 5211 51110 101,785.00 51112 3,208.00 51310 15,349.00 51440 6,510.00 51450 1,522.00 100 5231 51110 96,340.00 51135 6,032.00 51310 14,528.00 51440 5,973.00 51450 1,397.00 100 5241 51110 12,112.00 51135 856.00 51310 1,827.00 51440 751.00 51450 176.00 100 5251 51110 9,582.00 51112 940.00 51310 1,445.00 51440 652.00 51450 153.00 100 5311 51110 13,298.00 51310 2,005.00 51440 824.00 51450 193.00 100 5312 51110 6,479.00 51310 977.00 51440 402.00 51450 94.00 Fund Department Account Number Debit Credit 100 5313 51110 2,498.00 51310 377.00 51440 155.00 51450 36.00 100 5411 51110 16,492.00 51310 2,487.00 51440 1,023.00 51450 239.00 100 5511 51110 17,529.00 51310 2,643.00 51440 1,087.00 51450 254.00 100 5551 51110 16,983.00 51112 4,623.00 51310 3,258.00 51440 1,340.00 51450 313.00 112 5612 51110 3,033.00 51112 488.00 51310 457.00 51440 218.00 51450 51.00 112 5613 51110 4,272.00 51112 2,991.00 51310 731.00 51440 450.00 51450 105.00 112 5614 51110 2,674.00 51310 403.00 51440 166.00 51450 39.00 Fund Department Account Number Debit Credit 112 5625 51110 11,908.00 51112 9,522.00 51310 2,052.00 51440 1,329.00 51450 311.00 611 5711 51110 3,786.00 51310 571.00 51440 235.00 51450 55.00 611 5712 51110 18,706.00 51310 2,821.00 51440 1,160.00 51450 271.00 611 5713 51110 4,652.00 51310 701.00 51440 288.00 51450 67.00 611 5714 51110 6,744.00 51310 1,017.00 51440 418.00 51450 98.00 611 5715 51110 2,805.00 51310 423.00 51440 174.00 51450 41.00 100 5181 56040 489,654.00 112 5000 56040 41,200.00 611 5719 56040 45,033.00 Exhibit 3 Budget Amendment Carry-Forward of Funds for Projects Budgeted for, but not Completed, in FY 2016-17 Fund Department Account Number Debit Description 100 5411 54210 35,070.00 Street Repairs 5411 54250 26,459.00 School Zone Signage 121 5621 58150 25,137.00 East Meadow Trail 175 5175 58190 106,250.00 Art Projects Exhibit 4 Budget Amendment Addition of Crime Victim Advocate Position & Grant Supplementation Fund Department Account Number Debit Credit 100 4000 43513 42,000.00 100 5211 51110 49,067.00 5211 51140 48.00 5211 51230 600.00 5211 51310 7,498.00 5211 51410 16,587.00 5211 51420 280.00 5211 51440 3,082.00 5211 51450 721.00 5211 51470 131.00 5211 51480 270.00 5211 52010 300.00 5211 56210 1,200.00 5211 56250 350.00 Exhibit 5 CURRENT BUDGET BUDGET BUDGET BUDGET STAFFING 2014-2015 2015-2016 2016-2017 2017-2018 Police Chief 1.0 1.0 1.0 1.0 Asst. Police Chief 0.0 1.0 0.0 0.0 Police Lieutenant 3.0 3.0 4.0 4.0 Police Sergeant 7.0 7.0 7.0 7.0 Police Corporal 0.0 4.0 4.0 4.0 Detective 7.0 10.0 10.0 10.0 Patrol Officer 29.0 25.0 25.0 25.0 Traffic Officer 1.0 3.0 3.0 3.0 School Resource Officer 5.0 5.0 5.0 5.0 Bailiff/Warrant Officer 1.0 1.5 1.5 1.5 Crime Prevention Officer 1.0 1.0 1.0 1.0 Administrative Assistant I 1.0 1.0 1.0 1.0 Administrative Assistant 1.0 1.0 1.0 1.0 Records Supervisor 0.0 1.0 1.0 1.0 Records Clerk 2.0 2.0 2.0 3.0 Crime Scene Technician 0.0 1.0 1.0 1.0 PSO-Quartermaster 1.0 0.0 0.0 0.0 Crossing Guard 3.0 3.0 3.5 3.5 TOTAL 63.0 70.5 71.0 72.0 PROPOSED BUDGET BUDGET BUDGET BUDGET STAFFING 2014-2015 2015-2016 2016-2017 2017-2018 Police Chief 1.0 1.0 1.0 1.0 Asst. Police Chief 0.0 1.0 0.0 0.0 Police Lieutenant 3.0 3.0 4.0 4.0 Police Sergeant 7.0 7.0 7.0 7.0 Police Corporal 0.0 4.0 4.0 4.0 Detective 7.0 10.0 10.0 10.0 Patrol Officer 29.0 25.0 25.0 25.0 Traffic Officer 1.0 3.0 3.0 3.0 School Resource Officer 5.0 5.0 5.0 5.0 Bailiff/Warrant Officer 1.0 1.5 1.5 1.5 Crime Prevention Officer 1.0 1.0 1.0 1.0 Crime Victim Advocate 0.0 0.0 0.0 1.0 Administrative Assistant I 1.0 1.0 1.0 1.0 Administrative Assistant 1.0 1.0 1.0 1.0 Records Supervisor 0.0 1.0 1.0 1.0 Records Clerk 2.0 2.0 2.0 3.0 Crime Scene Technician 0.0 1.0 1.0 1.0 PSO-Quartermaster 1.0 0.0 0.0 0.0 Crossing Guard 3.0 3.0 3.5 3.5 TOTAL 63.0 70.5 71.0 73.0 Wylie City Council AGENDA REPORT Meeting Date: October 24, 2017 Item Number: G Department: Purchasing (City Secretary's Use Only) 611-5714-58510 Prepared By: G. Hayes Account Code: 611-5712-58510 $98,000.00 Date Prepared: 10/5/2017 Budgeted Amount: $78,000.00 Exhibits: Subject Consider and act upon the approval of the purchase of heavy duty trucks from Southwest International Trucks in the amount of $173,624.36 through cooperative purchasing contracts with Buy Board, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of heavy duty trucks from Southwest International Trucks in the amount of $173,624.36 through cooperative purchasing contracts with Buy Board, and authorizing the City Manager to execute any necessary documents. Discussion Public Works budgeted for the replacement of two, one-ton heavy duty trucks with two-ton heavy duty trucks to accommodate the larger department equipment. The Water Department truck will be used by the water crews to maintain and repair the water distribution system. Wastewater truck with crane will be used by the wastewater crews to repair and maintain the sewer collection system. Staff recommends the purchase of two-ton heavy duty trucks from Southwest International Trucks in the amount of $173,624.36, as the best overall value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Buy Board Contract#521-16/Wylie #W2018-7-I) (Rev 01/2014) Page 1 of I 1 Wylie City Council tt° 7 AGENDA REPORT Meeting Date: October 24, 2017 Item Number: H Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: Date Prepared: 10/16/2017 Budgeted Amount: $95,000.00 Exhibits: Subject Consider and act upon the approval of the purchase of a Toro Groundmaster® 5900 mower from Professional Turf Products in the amount of $91,827.68 through a cooperative purchasing contract with National IPA and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of a Toro Groundmaster® 5900 mower from Professional Turf Products in the amount of$91,827.68 through a cooperative purchasing contract with National IPA and authorizing the City Manager to execute any necessary documents. Discussion This unit will be used to mow the large athletic complexes and practice areas, and is a replacement for an existing unit taken out of service. The City will save an additional 3% by ordering prior to 10/31/2017 (the vendor's annual inventory price increases). Staff recommends the purchase of this large area rotary mower from Professional Turf Products as providing the best overall value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271. Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. National IPA#2017025; Wylie #W2018-10-1 (Rev 01/2014) Page 1 of I 441, Wylie City Council AGENDA REPORT Meeting Date: October 24, 2017 Item Number: I Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 100-5411-54210 Date Prepared: 10/13/17 Budgeted Amount: $0.00 Exhibits: Subject Consider and act upon rescinding the award of bid #W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P, and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to rescind the award of bid #W2017-75-A for Delivery of Portland Cement Concrete to Bodin Concrete L.P, and authorizing the City Manager to execute any and all necessary documents. Discussion The above referenced bid was previously awarded on September 26, 2017 to four (4) companies for the delivery of Portland Cement Concrete for various public works projects. Bodin Concrete L.P. was unable to provide the required workers compensation insurance (as required by Texas Labor Code 406) for public works projects. At this time no contract documents have been signed by either party or funds spent under this contract. Staff recommends that the award of Bid#W2017-75-A to Bodin Concrete L.P. be rescinded. (Rev 01/2014) Page 1 of I Wylie City Council tt AGENDA REPORT 04447. Meeting Date: October 24, 2017 Item Number: J Department: Police Department (City Secretary's Use Only) Prepared By: Anthony Henderson Account Code: Date Prepared: October 10, 2017 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2017-20(R) of the City Council of the City of Wylie, Texas, hereby authorizing the support of an application filed with the Attorney General's office for a Victim Assistance Grant (OVAG) in the amount of $41,658.00 to be used for a Crime Victim's Liaison position and designating the "Authorized Official" Recommendation Motion to approve, Resolution No. 2017-20(R) of the City Council of the City of Wylie, Texas, hereby authorizing the support of an application filed with the Attorney General's office for a Victim Assistance Grant (OVAG) in the amount of $41,658.00 to be used for a Crime Victim's Liaison position and designating the "Authorized Official" Discussion The Wylie Police Department applied for a Victim's Assistance Grant through the Attorney General's Office and received approval for the fiscal year 2018. The approved grant was at the request of the Wylie Police Department to add a Crime Victims Liaison (CVL) to our current staffing. Grant documents indicate a total funding amount of $41,658.00, which includes personnel costs, fringe benefits, travel, training, supplies, and other operating expenses. Page 1 of 1 RESOLUTION NO. 2017-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE SUPPORT OF AN APPLICATION FILED WITH THE ATTORNEY GENERAL'S OFFICE FOR A VICTIM ASSISTANCE GRANT (OVAG) IN THE AMOUNT OF $41,658.00 TO BE USED FOR A CRIME VICTIM'S LIAISON POSITION AND DESIGNATING THE "AUTHORIZED OFFICIAL" LEGAL NAME OF APPLICANT: City of Wylie Police Department UNIQUE APPLICATION NUMBER(if applicable): V0057-18-0264 Be it known as follows: WHEREAS, the City of Wylie Police Department,has applied or wishes to apply to the Office of the Attorney General (OAG) for the following grant program (check one): X Other Victim Assistance Grant(OVAG) Victim Coordinator and Liaison Grant (VCLG) Sexual Assault Prevention and Crisis Services (SAPCS)— State Grant WHEREAS, the City Council of the City of Wylie,has considered and supports the Application filed or to be filed with the OAG; and WHEREAS, the City of Wylie has designated or wishes to designate the following individual as the"Authorized Official"who is given or has been given the power to apply for, accept,reject, alter, or terminate that certain grant with the OAG, as well as given the authority to sign all grant adjustment requests, inventory reports, progress reports and financial reports or any other official documents related to the grant on behalf of the grantee: Name of Person Designated as "Authorized Official": Anthony Henderson Position Title: Chief of Police Resolution No. 2017-20(R) Authorizing the support of an application filed with the Attorney General's office for a Victim Assistance Grant(OVAG) NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Wylie approves the submission of the Application to the OAG, as well as the designation of the Authorized Official on this the 24th day of October, 2017. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2017-20(R) Authorizing the support of an application filed with the Attorney General's office for a Victim Assistance Grant(OVAG) DocuSign Envelope ID:F1093825-5FA8-4F27-B93D-F7550DA31151 /43 XhStf RE: FY18 VCLG Grant Coversheet *** FOR OAC INTERNAL USE ONLY *** GCD contract number: 1880467 Grantee: City of Wylie Police Department Amount: $41,658.00 Executed: 8/1 512017 Term: Sept. 1,2OI7—Aug, 31,2018 Budget coding: ORG PCA Agy Obj 937 17013 7611 DocuSign Envelope ID F1o93825-5FA8-4F27.B93D=F755ODA31151 GRANT CONTRACT OAG Contract No. 1880467 This contract is executed between the Office of the Attorney General (OAG) and Cit of W lie Police De ailment (GRANTEE) for certain grant funds. The OAG and GRANTEE may be referred to in this contract individually as"Party" or collectively as"Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the Victim Coordinator and Liaison Grant (VCLG) program is to fund the mandated positions described in the Texas Code of Criminal Procedure, Article 56.04, specifically Victim Assistance Coordinators (VAC) in prosecutor offices and Crime Victim Liaisons (CVL) in law enforcement agencies. It is intended that the grants will be awarded through a competitive selection and allocation process taking into consideration, among other criteria, the number of victims that may be served by a program. The purpose of this grant contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. In addition to the duties imposed in the Texas Code of Criminal Procedure, Article 56.04 (and more specifically described in Article 56.02), VACs and CVLs are also expected to promote and educate the community and other professionals about victim rights and services in an effort to identify crime victims and provide or refer them to needed services. In general, and subject to the limitations of each specific grant contract with each VCLG Grantee, VCLG grant contracts awarded must be used for victim-related services or assistance. SECTION 2. TERM OF THE CONTRACT This contract shall begin on September 1, 2017 and shall terminate August 31, 2018, unless it is terminated earlier in accordance with another provision of this contract. SECTION 3. GRANTEE's CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with Grant Application Kit. GRANTEE will comply with the terms and conditions as set forth and required in the OVAG/VCLG FY 2018-2019 Grant Application Kit("Application Kit") as supplemented, amended or adjusted by the OAG. 3.2 Establishment of Final Project Budget, Targets, Outputs, Outcomes. The OAG, at its sole discretion, establishes the initial Budget for this grant project, as reflected on the attached Exhibit A. If any adjustments were made by the OAG to GRANTEE's budget, those adjustments will be reflected on the attached Exhibit A. VCLG Contract-FY 2018 Page 1 of 18 DocuSign Envelope ID.F1093825.5FA8-4F27-B93D-F7550DA31151 The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes, and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. 3.3 Grant Narrative. GRANTEE's application, including the narrative contained therein as submitted by GRANTEE and as further modified by the OAG, is incorporated by reference into this contract. GRANTEE hereby certifies that the information provided in GRANTEE's application, including the statements made in the narrative, is true and correct and agrees to be bound by the representations and commitments contained therein. 3.4 Special Conditions. The OAG may, at its sole discretion, impose special conditions on GRANTEE, without notice and without amending this contract. GRANTEE agrees in advance to satisfy the requirements of any special conditions imposed by OAG. The imposition of any special conditions places GRANTEE on immediate financial hold, consistent with section 9.2, without further notice, until all special conditions are satisfied,. SECTION 4. GRANTEE's OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit written notice to the OAG of any change in the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. Such notice shall be provided, in advance, when possible, but in no event later than ten (10) business days after the date of such change. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with an original signature of someone with actual authority to act on behalf of GRANTEE. To change a Grant Contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by an Authorized Official. VCLG Contract-FY 2018 Page 2 of 18 DocuSign Envelope ID:F1U93825-5FA8-4F27=B93D-F755ODA31151 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include: accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include: budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles or other recognized accounting principle. 4.1.5 Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, rules or regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.1.6 Public Information Act. GRANTEE acknowledges that information, documents, and communications created or exchanged in the provision of services required by this contract may be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and may be subject to required disclosure in a publicly-accessible format pursuant to Section 2252.907 of the Texas Government Code. 4.2 Programmatic Reports 4.2.1 Quarterly Statistical (Performance) Reports. GRANTEE shall forward to the OAG quarterly statistical reports no later than the thirtieth (30th) day of each month following the end of each quarter. The four (4) quarters end respectively on the last day of the months of November, February, May and August. Accordingly, quarterly statistical reports, for each respective quarter, are due on or before December 30, 2017, March 30, 2018, June 30, 2018, and September 30, 2018. Contents of Quarterly Statistical Reports. The quarterly statistical reports shall contain, at a VCLG Contract-FY 2018 Page 3of18 DocuSign Envelope iD:F1093825.5FA8.4F27.B93D•F755ODA31151 minimum, information on the following statistical measures: a. Targets as established by the OAG; b. Outputs and Outcomes as established by the OAG; and c. Program Impact Narratives. 4.2.2 Written Explanation of Variance. GRANTEE must provide a written explanation to the OAG on the quarterly statistical report for any year-to-date performance that varies from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions from the OAG, whether in writing or otherwise, in connection with any quarterly and annual reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis, and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budget. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds will be paid on a cost reimbursement basis. GRANTEE will submit, each month, a request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for providing services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (a) personnel and fringe benefits, reported separately, (b) professional and consulting services, (c) travel, (d) equipment, (e) supplies, and (f) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A request for reimbursement and financial status report are required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2018, GRANTEE will VCLG Contract-FY 2018 Page 4 of 18 DocuSign Envelope ID:F1093825-5FA8-4F27-B93D-F7550DA31151 submit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit. The timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract with an independent CPA firm to perform an annual financial audit engagement. If applicable, GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of 2 CFR Part 200 titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close-Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner. GRANTEE shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) day of each month, or if the 20th day falls on a weekend or holiday, the next business day. The OAG will make reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of (a) forty-five (45) calendar days after termination of this contract; or (b) forty-five (45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse actual and allowable allocable costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined not to be actual and allowable allocable costs, GRANTEE shall promptly refund that amount identified by the OAG as an overpayment. The OAG, in its sole discretion, may offset VCLG Contract-FY 20 t 8 Page 5 of 18 DocuSign Envelope ID:F1093825.5FA8-4F27-t393D.F755ODA31151 and deduct the amount of the overpayment from any amount owed to GRANTEE as a reimbursement, or may choose to require a payment directly from GRANTEE rather than offset and deduct any amount. GRANTEE shall refund any overpayment to the OAG within thirty(30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds, GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment. which shall be available to the OAG at all times upon request; however, as between the OAG and GRANTEE title for equipment will remain with GRANTEE. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds under this contract to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss or destruction of, or damage to, the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5. OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. VCLG Contract-FY 2018 Page 6 of 18 DocuSign Envelope ICY F1093825.5FA8.4F27-B930-F7550DA31151 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents, or their employees that purports to increase the maximum liability of the OAG is void, unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the QAG is not appropriated the funds, or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract, without recourse, liability or penalty, upon written notice to the other Party at least thirty (30) calendar days before the effective date of such termination. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions, and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7, I I, and 12. SECTION 7. AUDIT RIGHTS; RECORDS RETENTION VCLG Contract-FY 2018 Page 7 of 18 DowuSign Envelope ID F1093825-5FA8.4F27-B930-F7550DA31151 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract or documents are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursement. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving funds directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor(s) that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days' advance notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person VCLG Contract-FY 2018 Page 8 of 18 DocuSign Envelope ID F1093825,5FA8-4F27-B93D=F7559DA31151 directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports, Notices and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, and any other reports, notices or information, except financial reports specified below, must be submitted via email to: OAG-Grantsp; texasattorneygeneral.gov If requested or approved by the OAG, other programmatic reports may be submitted to: Program Manager. Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin,Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All VCLG Contract-FY 2018 Page 9 of 18 DocuSign Envelope ID:F1093825-5FA8-4F27=893D-F7550DA31151 financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 787 1 1-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants;a texasattomeygeneral.gov SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. if the OAG finds deficiencies in GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase in monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this contract, and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. VCLG Contract-FY 2018 Page 10 of 18 DocuSign Envelope ID F1093825-5FA8-4F27-B93D-F7550DA31151 Corrective action plans, financial hold, and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Code of Federal Regulations (CFR), and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, as well as 2 CFR Part 200, and any other requirements relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, including Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS), and any other applicable federal or state grant management standards. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as contained in the Application Kit, which are incorporated herein by reference, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non-procurement debarment certification, drug-free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS, and the applicable 2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an actual, potential, or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15)calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the VCLG Contract-FY 2018 Page 11 of 18 DocuSign Envelope ID:F1093825-SFAS-4F27-B93D-F7550DA31151 responsibilities of this contract and currently is, and will remain, in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts and federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor. Under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with, the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, or partner of, or part of any joint venture or joint enterprise with, the OAG or the State of Texas. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE'S contractors. GRANTEE or GRANTEE's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by Iaw. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation by its owners, incorporators, officers, directors, employees,volunteers or any third parties. To the extent allowed by law, GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE's contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability,actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to VCLG Contract-FY 2018 Page 12 of 18 DocuS<gn Envelope ID:F1093825-5FA8-4F27.B93D-F755ODA31151 and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that GRANTEE may copyright any original books, manuals, films, or other original material and intellectual property, developed or produced using funds obtained under this contract, subject to a royalty-free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the GAG, or, where applicable, the State of Texas or the United States Government if federal funds are expended. GRANTEE hereby grants the OAG an unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in the exercise of its sole discretion, any component of such intellectual property. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract is considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting, Assignment, or Delegation without Prior Written Approval of OAG. GRANTEE may not subcontract, assign any of its rights, or delegate any of its duties under this contract without the prior written approval of the OAG. GRANTEE agrees the OAG maintains complete discretion in evaluating any request to subcontract, assign any right, or delegate any duty under this contract, and the OAG may withhold its approval for any reason or no reason. If the OAG approves subcontracting, assignment, or delegation by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this contract VCLG Contract-FY 2018 Page 13 of 18 DocuSign Envelope ID F1093825.5FAB-4F27-B93O-F7550DA31151 that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 Merging Entities. If GRANTEE merges with an organization that is currently receiving VCLG grant funds for the same purpose, directly from the OAG, and the merger is completed during the current contract term, the standing organization may seek reimbursement for the remaining OAG funding of the dissolving organization in addition to the standing organization's current funding. if GRANTEE merges or is absorbed by a non-OAG funded organization, GRANTEE's contract will be terminated. The non-OAG funded organization cannot seek the funding of the dissolving organization for the current grant period. 11.10 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.11 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above- named courts; the suit, action, or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.12 U.S. Department of Homeland Security's E-Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be working on any matter covered by this agreement. 11.13 Limitation on Civil Legal Services Providers. If GRANTEE is a provider of civil legal services to victims of crime, and if the purpose of the grant funds is to provide legal services to victims of crime, GRANTEE shall comply with the following: 11.13.1 Services to Indigent Clients. GRANTEE shall provide victim-related civil legal VCLG Contract-FY 2018 Page 14 of 18 DocuSign Envelope ID:F1093825-5FA8-4F27-B93D-F755ODA31151 services directly to indigent victims, indigent immediate family members of indigent victims, or indigent claimants. "Indigent" means an individual who earns not more than 187 !' o of the federal poverty guidelines published by the United States Department of Health and Human Services. Victims, immediate family members of victims, and claimants are defined in Article 56.32 of the Texas Code of Criminal Procedure. 11.13.2 Eligibility Screening, GRANTEE shall conduct eligibility screening for each individual seeking victim-related civil legal services. GRANTEE agrees to use the intake screening form supplied by the OAG. A copy of all intake screening forms shall be maintained by GRANTEE in a central location and shall be made available to the OAG or any party the OAG determines should have access to these documents at any reasonable time. 11.13.3 No Cases Resulting in Fees. Grant funds to organizations to provide legal services to the victims of crime, immediate family members, or claimants in civil matters shall not be used for any case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, might reasonably be expected to result in payment of a fee for legal services from an award to a client from public funds, or from the opposing party. The above provisions may not be applicable in any case where GRANTEE determines, in good faith, that (a) the indigent person seeking legal assistance has made reasonable efforts to obtain the services of an attorney in private practice for the particular matter (including contacting attorneys in private practice in the county of residence of the indigent person who normally accept cases of a similar nature), and (b) has been unable to obtain such services because the potential fee is inadequate, is likely to be uncollectible, would substantially consume any recovery by the client, or because of any other reason the organization believes prevents the client from obtaining the services of a private attorney. 11.13.4 Other Restrictions. Grant funds shall not be used to fund class action suits, lawsuits against governmental entities, or lobbying for or against any candidate or issue. Grant funds shall not be used to sue or otherwise support a cause of action, claim, or defense against the State of Texas or the OAG, or involving a challenge to the constitutionality of a State staute, rule, or regulation, except as specifically provided below. Grant funds may be used to support a lawsuit brought by an individual, solely on behalf of the individual or the individual's dependent or ward, to compel a governmental entity to provide benefits that the individual or the individual's dependent or ward is expressly eligible to receive, by statute or regulation, including social security benefits, temporary assistance to needy families, financial assistance under Chapter 31, Texas Human Resources Code, food stamps, special education for persons with disabilities, Medicare, Medicaid, subsidized or public housing, and other economic, shelter or medical benefits provided by a government entity directly to an indigent individual, but not to support a claim for actual or punitive damages. Grant funds shall not be used to support any legal action seeking to establish, obtain or appeal Compensation for Crime Victims payments as administered by the OAG. VCLG Contract-FY 2018 Page 15 of 18 DocuSign Envelope ID;F1093825-5FA8-4F27-B93D-F7550DA31151 11.13.5 Cooperation and Collaboration. GRANTEE will cooperate and collaborate in their service areas with (a) all other organizations providing civil legal services to the indigent, (b) the local organized bar, (c) relevant social and human service organizations, (d) relevant governmental agencies, and (e) other organizations that specifically provide victim-related services. 11.13.6 Professional Conduct. In accepting and pursuing matters for clients, GRANTEE shall adhere to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure and any other code or rules of professional responsibility adopted by this state for attorneys. GRANTEE should exercise reasonably prudent judgment and consider all relevant factors, including the legal merits and the economic and practical value, of the matter. 11.13.7 Retainer Agreements and Private Referrals. Except for matters involving limited advice and brief services (e.g. clinics, hotlines, and similar services), GRANTEE shall execute a written retainer agreement, or letter of engagement, containing appropriate provisions for withdrawal of representation, with each client who receives legal services from GRANTEE. For cases that are referred by GRANTEE to a private attorney, GRANTEE shall make available to the accepting attorney a standard form retainer agreement which may be modified based on the agreement between the attorney and client. The OAG, in its sole discretion, may further limit, authorize or define the scope of permitted legal services offered by the GRANTEE. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section I are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations, and purposes of this contract. 12.2 Entire Agreement,including All Exhibits. This contract, including all exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings, or agreements between the Parties related to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. VCLG Contract-FY 2018 Page 16 of 18 DocuSign Envelope ID F1093825-5FA8-4F27-B93D-F7550DA31151 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation under this contract. 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. Office of the Attorney General City of Wylie Police Department �y�Ytt,ln,l,tt, aY owt, ezek-725. 44 Office of the Attorney General Printed Name: Anthony Henderson Authorized Official VCLG Contract-FY 2018 Page 17 of 18 DocuSign Envelope ID.F1093825-5FAB-4F27-B93D-F75500A31151 GRANT CONTRACT OAG Contract No. 1880467 EXHIBIT A Maximum Liability of the OAG. The OAG and GRANTEE agree the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract and for reimbursement of all expenses, shall not exceed the following: $41,6 58.00 Budget. Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category State Fiscal Year 2018 Personnel $30,000.00 Fringe Benefits $2,500.00 Professional & Consultant Services $- Travel $4,658.00 Equipment $- Supplies $1,900.00 Other Direct Operating Expenses $2,600.00 Total $41,658.00 VCLG Contract-FY 2018 Page 18 of 18 -. Wylie City Council , AGENDA REPORT Meeting Date: October 24, 2017 Item Number: K Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: October 17, 2017 Budgeted Amount: Exhibits: 1 Subject Consider and act upon a vendor application for the Wally Watkins Elementary PTA for a fundraiser event at Founders Park on November 23, 2017. Recommendation Motion to recommend a vendor application for the Wally Watkins Elementary PTA for a fundraiser event at Founders Park on November 23, 2017. Discussion The Wally Watkins Elementary PTA is requesting to do a fundraiser 5K and one mile fun run at Founders Park trail on Thanksgiving morning, November 23, 2017. The run was held around Wally Watkins Elementary in years past but recently public safety is looking to reduce road races due to safety concerns. Therefore PTA representatives contacted Parks staff about the possibility of doing the race in the park. Due to the holiday, there will be no conflicts with other user groups that typically use Founders Park and it will be a short event as well. This is the first time a race has been held where it is completely in the park, not utilizing any City Streets. Parks staff will be working with the PTA representatives on coordinating the route and park set up. The Parks and Recreation Board approved the vendor application at a special called meeting on October 16, 2017. Page 1 of 1 PARKS AND RECREATION 300 Country Club Rd, Building 100,Wylie,TX 75098 ITY OF WYLIE Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov VENDOR APPLICATION-Once approved by City Council, vendor has 7 days to finalize event with Parks&R advance of event. Please forward TYPED application to above address, email or fax Applicant Informatil Name of Organization: Primary Contact Person's Name: Wally Watkins Elementary PTA _Rachael Tonn Organization's Phone Number: Primary Contact Person's Phone Number: 972-429-2580 972-854-9128-, �� ...�. Organization's Address: Primary Contact Person's Address: 1301 Elm Dr.,Wylie,TX 75098 1310 Hill View Trl,Wylie,TX 75098 Organization's Website/Email: Primary Contact Person's Email: www.wylieisd.net/watkins rachael.tonn@gmail.com Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: 27-2671859 71 Starr Lepsis/watkinspresident@gmail.com Event Information Event Name/Title: Turkey Trot Event Type(fundraiser,etc.): Purpose of Event: Fundraiser Fitness Fundraiser Event Location: Proposed Event Date: Alternative Date: Founders Park 11/23/2017 2nd Date- Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): [2mmw�� .��No.mm�w� .�� ................................... 0600 f;100mm .��.� Anticipated Event Attendance: Event Target Audience: 350 mmmFamilies.mm� ��. EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. While most participants will register online prior to day of even,we will have volunteers the day of to take registrants information and money for event.We may sell spirit wear to support the school (t-shirts,bumper stickers/magnets,etc.).A 5k& 1 mile fun run will take place with adults and children throughout the park to raise money for the school's PTA.This will will be the 5th Annual Turkey Trot, location changed from Wally Watkins. mmmm- NOTE: If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the Rev.8-10-17 event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact Clayton Stewart,Environmental Services Specialist,at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars, tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.8-10-17