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09-10-2019 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Regular Meeting Agenda September 10, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm 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 • Blackland Prairie Chapter, National Society Daughters of the American Revolution, Constitution Week- September 17-23,2019. September 10,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the August 27, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,a vendor application for the Wylie P.O.L.I.C.E.Club for a fundraiser event at Founders Park on November 9, 2019. (R. Diaz, Parks &Recreation Director) C. Consider, and act upon, Resolution No. 2019-21(R) authorizing the City Manager to execute an Interlocal Public Transit Service Agreement with the Dallas Area Rapid Transit. (C. Hoisted, City Manager) D. Consider, and act upon, a final plat of Lake Park Villas Phase 1, to allow for 72 Residential and four open space lots on 12.284 acres, generally located at the northeast corner of Troy Road and Vinson Road. (J. Haskins, Planning Manager) E. Consider,and act upon,Ordinance No.2019-21 amending Ordinance No.2003-03 Subdivision Regulations Sections 2.2,2.3,and 2.4 Procedures and Approval.(J.Haskins,Planning Manager) F. Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural (AG/30) to Single Family-10/24 (SF-10/24), to allow for 49 single-family lots on 16.481 acres, located on E. Stone Road approximately 1500' south of E. Brown Street. ZC 2019-10 (J. Haskins, Planning Manager) G. Consider, and act upon, Ordinance No. 2019-23 amending Ordinance No. 2001-48 Zoning Ordinance Article 6, Section 6.1 Planned Development Districts and Ordinance No. 2008-27 Zoning Ordinance Article 8, Section 8.1 Zoning Related Applications.ZC 2019-12 (J. Haskins, Planning Manager) H. Consider, and act upon,Resolution No. 2019-22(R) determining a public necessity to acquire certain properties for public use for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); giving notice of an official determination to acquire certain properties for public use for rights-of-way (in fee simple),temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road(from approximately McCreary Road to Country Club Road (FM 1378)); authorizing the City Manager of the City of Wylie,Texas,to establish procedures for acquiring the rights-of-way(in fee simple),temporary construction easements and related improvements offering to acquire said property rights, voluntarily from the landowners through the making of bona fide offers; appropriating funds;providing for repealing,savings and severability clauses; and providing for an effective date. (T. Porter, Public Works Director) September 10,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2019-24 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates), and Subsection C (Sewage Collection and Treatment Rates). (C. Holsted, City Manager) Executive Summary On August 8, 2017, Council held a work session to discuss the updated water and sewer rate study prepared by NewGen Strategies & Solutions, which included new cost projections for the Muddy Creek WWTP expansion. The study incorporates the water and sewer capital improvements plan (CIP), outstanding debt service, the proposed wholesale water rate increases from the North Texas Municipal Water District, the transfer to the general fund, and future utility fund staffing needs. 2. Consider, and act upon, Ordinance No. 2019-25 of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp, Mid-Tex Division regarding the company's 2019 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest. (C. Holsted, City Manager) Executive Summary The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid-Tex"or"Company"),is a member of the Atmos Cities Steering Committee("ACSC"). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing(arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism("RRM"),as a substitute for future filings under the GRIP statute. 3. Consider, and act upon, Ordinance No. 2019-26 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits), and Subsection B (Commercial Charges). (B. Parker, Asst. City Manager) Executive Summary A solid waste and recycling contract renewal was approved with Community Waste Disposal(CWD)effective September 1,2018. Section 14.02 of the contract outlines the process for rate adjustments. A rate adjustment can be requested based on the consumer price index (CPI), the price of diesel fuel as reported by the Department of Energy, and the disposal costs of the Garland, Texas landfill. 4. Consider, and act upon, Ordinance No. 2019-27 adopting a budget and appropriating resources for Fiscal Year 2019-2020, beginning October 1, 2019 and ending September 30, 2020. (M. Beard, Finance Director) Executive Summary The tax rate proposed for the FY 2019-2020 budget is $0.688454 per $100 assessed valuation which is the effective tax rate. 5. Consider, and act upon, approving the property tax increase reflected in the budget. (M. Beard, Finance Director) September 10,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The tax rate needed to support the newly adopted FY 2019-2020 Budget is $0.688454 per $100 assessed valuation. This tax rate is the effective tax rate and represents a decrease of$.037394(3.7394 cents)from the tax rate in FY 2018-2019. This agenda item is required by state law because there will be an increase in the total tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 102.007 of the Texas Local Government Code and Texas HB 3195 require the governing body to hold a separate vote to ratify this increase in property tax revenue that is reflected in the budget. 6. Consider, and act upon,Ordinance No.2019-28 fixing the tax rate/levy for Tax Year 2019. and Budget Year 2019-2020 at 0.688454 per $100 of assessed valuation. (M. Beard, Finance Director) Executive Summary The tax rate needed to fund the FY 2019-2020 budget is $0.688454 per$100 of assessed valuation. The tax rate has two components: $0.516225 cents is being used for operations and maintenance and $0.172229 is being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$24,143,366 for the General Fund and $8,055,038 for the I & S Fund. The newly adopted Fiscal Year 2019-2020 budget requires the support of this ordinance for funding. RECESS CITY COUNCIL CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION (4B) 1.(4B) Consider,and act upon,approval of the Minutes from the September 11,2018 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (S. Storm, City Secretary) 2.(4B) Consider, and act upon, the appointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) President and Vice-President for a term beginning January 1, 2019 and ending December 31, 2020. (S. Storm, City Secretary) 3.(4B) Consider,and act upon,approval of the FY 2019-2020 4B Budget and authorize expenditures for the FY 2019-2020 Community Services Facilities Capital Improvement Plan. (M. Beard, Finance Director) ADJOURN 4B BOARD RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. September 10,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 EXECUTIVE SESSION 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. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on September 6, 2019 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. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council Minutes Regular Meeting August 27,2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Lieutenant Tommy Walters; Chief Building Official Bret McCullough; Communications Specialist Judy Truesdell; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Human Resources Director Lety Yanez; Planning Manager Jasen Haskins; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Assistant City Manager Parker gave the invocation and Assistant City Manager 011ie led the Pledge of Allegiance. PRESENTATIONS co Presentation by DART on the Collin County Rides program Todd Plesko, representing DART, addressed Council regarding the potential extension of the Collin County Rides Senior and Disabled Transportation Program through September 30, 2022. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present wishing to address Council. Minutes August 27,2019. Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of August 13, 2019 Regular Meeting and August 13,2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a Preliminary Plat of Emerald Vista Addition, to develop 168 residential lots, one nonresidential lot, nine open space lots, and one park lot on 51.669 acres, generally located on South Ballard Road at Elm Road. (J. Haskins, Planning Manager) C. Consider,and act upon,FY2020 Employee Insurance. (L. Yanez, Human Resources Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31,2019. (M. Beard, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Investment Report for July 31, 2019. (M. Beard, Finance Director) F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31, 2019. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve the Consent Agenda as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA 1. Consider authorizing the City Manager to sign a Development Agreement between the City of Wylie,CJG Development Group, and Robert and Phyllis Kreymer,for the development of a residential subdivision. Located at 2605 East Stone Rd. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the development agreement is a result of discussions between the developers and City Council at the August 13, 2019 City Council meeting. The development agreement states that the developer will abide by the current building material standards for the property described in the agreement. Council Action A motion was made by Mayor pro tern Forrester seconded by Councilman Duke, authorizing the City Manager to sign a Development Agreement between the City of Wylie, CJG Development Group, and Robert and Phyllis Kreymer, for the development of a residential subdivision. Property located at 2605 East Stone Rd. A vote was taken and motion passed 7-0. Tabled from 08-13-2019 Remove from table and consider Council Action A motion was made by Councilman. Dahl seconded by Mayor pro tern Forrester, to remove Item 2 from the table. A vote was taken and motion passed 7-0. Minutes August 27,2019 Wylie City Council Page 2 2. Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Single Family (SF 10/24), to allow for single family development, not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Rd. ZC 201.9- 10 (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating this item is a request to rezone a 16.48-acre property located on East Stone Road from AG/30 to Single Family (SF 10/24) for a single-family development of no more than 49 residential lots. As presented, the residential development is in compliance with the design standards of the SF 10/24 zoning regulations found in the Zoning Ordinance. The minimum lot area would be 10,000 square feet and the minimum residential dwelling size will be 2,400 square feet with standard setbacks. The fire department has stated that the project is not in compliance with emergency access requirements; therefore, the developer will be required to provide NFPA 13D fire sprinkler systems to the residential units. Haskins reported 40 notifications were mailed, with one response returned in opposition. Council Comments Councilman Porter asked if there is a way for the property, if it was redrawn, to be compliant with the current fire code. Applicant Comments Matt Atkins, representing Engineering Concepts, addressed Council stating the frontage along Stone Road is not wide enough for the depth of the property to avoid the sprinkler requirement. The two entrances must be separated by half the distance of the longest diagonal measurement across the property; the Stone Road frontage is not equal to half that distance. Public Hearing Mayor Hogue opened the public hearing on ZC 2019-10 at 6:27 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 6:27 p.m. Council Action A motion was made by Councilman.Dahl seconded by Councilwoman Arrington, to approve a change of zoning from Agricultural-30 (AG-30) to Single Family (SF 10/24), to allow for single-family development, not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Road. ZC 2019-10. A vote was taken and motion passed 7-0. 3. Hold a Public Hearing to consider, and act upon, a change of zoning from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit (NS-SUP), to allow for the development of a motor vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. (1 Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone a 1.888-acre property located on the northeast corner of Ballard Avenue and Alanis Drive from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit (NS-SUP) to allow for a motor vehicle fueling station. The property is generally bordered to the north by Fire Station#1 and to the east and south by two vacant lots that are zoned within the Neighborhood Services district. The properties to the west, across Ballard Avenue, are zoned within the planned residential development of Stone Ranch. Haskins reported, Minutes August 27, 2019 Wylie City Council Page 3 as presented, the concept plan provides fire lane access to the site and provides 53 parking spaces with a parking ratio of approximately one space for every 300 square feet of building area. In addition to the motor fueling station, the applicant plans to develop approximately 1.6,000 square feet of commercial shell space. The zoning requested is generally compatible with the Comprehensive Land Use Plan as the area is designated as Suburban. Haskins reported 12 notifications were mailed, with six responses returned in opposition that are within the 200 feet. The six responses represent over 20% of the acreage within the notification area. Therefore, a three-fourths vote is required to approve the request. In addition to the notified area, there were seven additional comments against and one in favor. Haskins reported the Commission heard comments from many residents of the area. The Commissioners asked staff if a Traffic Impact Analysis was needed and staff mentioned that a project of this scope generally does not. The Commissioners did vote 3-2 to recommend approval. Applicant Comments Mr. Bob Bodar, applicant, addressed Council stating the other possible services include a dentist office, hair salon, or insurance business. The gas station would be a small gas station with three to four pumps and they would have hours such as 8 a.m. to 1.0 p.m. Public Hearing Mayor Hogue opened the public hearing on ZC2019-11 at 6:35 p.m. asking anyone present wishing to address Council to come forward. The following citizens spoke in opposition and addressed Council with concerns regarding the proposed gas station: Julie Lawson, Anthony Bennett, Barbara Smith, Don Richardson, Doug Vaughn, James Smith, Adam Twarkowski, Nancy Price, Daniel Lopez, Jake Lawson, Jennifer Coy, Susan Sinclair, John Spears, Mark Sinclair, Emmanuel Myrianthopoulos, Kathy Myrianthopoulos, Dana Winsauer, Clay Blakey, James Winsauer, Matthew Sak, Jared McCrory, Khalid Hafeez, Jessica Hughes, Tim Ring, Jason Takacs, and Justin Floyd. Justin Dumlao addressed Council in opposition of the gas station but in favor of general retail at the location. Mayor Hogue closed the public hearing at 7:32 p.m. Applicant Comments Mr. Bob Bodar, applicant, addressed Council addressing some of the concerns that the residents had expressed to Council about during the public hearing. Mayor pro tern Forrester called for the question. Councilman Porter seconded the motion. No vote was taken. Council Action A motion was made by Mayor pro tern Forrester seconded by Councilman Wallis, to deny with prejudice a change of zoning from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit (NS-SUP), to allow for the development of a motor vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. A vote was taken and motion passed 7-0. Minutes August 27, 2019. Wylie City Council Page 4 4. Hold a Public Hearing to consider, and act upon, repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating in work sessions at the August 13, 2019 City Council meeting, staff discussed some of the changes and possible ordinance and regulation changes that may be needed as a result of the new statutes. Staff was given direction as outlined below: House Bill 2439—Haskins reported at this time there will not be any changes to the Zoning Ordinance or Subdivision Regulations regarding building materials. Staff did prepare a Resolution (Item 5) that will declare all relevant PDs, SUPs, and zoning cases as historically, culturally, or architecturally significant. House Bill 2840 — Haskins reported staff is awaiting City Council Rules of Procedure and will prepare a recommended update to the Planning and Zoning Commission, Historic Review Commission, and Zoning Board of Adjustment rules of procedures when appropriate. House Bill 3167 Haskins reported staff has made recommended changes to the Sections 6.1 and 8.1 of the Zoning Ordinance and Sections 2.2-2.4 of the Subdivision, which define and clarify site plans and plats, update application guidelines, and update Commission and Council required actions. Haskins reported the Commissioners voted to recommend approval 5-0. Public Hearing Mayor Hogue opened the public hearing on Item 4 at 7:42 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 7:42 p.m. Council Action A motion was made by Councilman Wallis seconded by Councilman Duke, to approve repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval. A vote was taken and motion passed 7-0. 5. Consider, and act upon, Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and areas as historically, culturally, and/or architecturally important and significant, through the adoption of, Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating this item pertains to HB 2439 and would designate the referenced planned development districts, properties subject to specific use permits, and overlay districts as historically, culturally, or architecturally significant and important. Council Action A motion was made by Councilman Porter seconded by Councilman Wallis, to approve Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and Minutes August 27, 2019 Wylie City Council Page 5 areas as historically, culturally, and/or architecturally important and significant, through the adoption of, Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. A vote was taken and motion passed 7-0. Mayor Hogue recessed the Council into a short break at 7:45 p.m. Mayor Hogue reconvened the Council at 7:55 p.m. 6. Hold a Public Hearing on the proposed tax rate of$0.688454 for fiscal year 2019-2020 and provide all interested persons an opportunity to be heard, either for or against the tax rate, set and announce the date, time and place of the meeting at which Council will vote on the final property tax rate. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating in accordance with the "Truth in Taxation" laws of the State of Texas, on August 13, the City Council voted to accept the calculation of the effective tax rate and the proposed tax rate for the 2019-2020 budget. Because the proposed tax rate is the effective rate, Council is not required to hold a public hearing on the tax rate. In the interest of transparency, a public hearing was scheduled for August 27 so that citizens may be heard. The proposed tax rate, the effective tax rate and last year's tax rate, as well as the date, time and location of the public hearing were published in the Dallas Morning News on August 20 and in the Wylie News on August 21. Public Hearing Mayor Hogue opened the public hearing on Item 6 at 7:57 p.m. asking anyone present wishing to address Council to come forward. Justin Dumlao addressed Council speaking against the proposed tax rate stating as Wylie continues to grow, local services should have room to grow to serve the needs of new citizens. Dumlao stated he felt the effective tax rate does not give the City any extra revenue and he was in favor of an increased property tax rate (+.01 or+.02). Mayor Hogue closed the public hearing at 8:00 p.m. Council Action A motion was made by Councilman Porter seconded by Councilman. Duke, to set September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Rd., Wylie, TX as the date, time and place at which Council will vote on the property tax rate. A vote was taken and motion passed 7-0. 7. Hold a Public Hearing on the fiscal year 2019-2020 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which council will vote on the final budget. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating a Public Hearing is required to be held on the fiscal year 2019-2020 Proposed Budget. The date, time and place that the vote will be taken on the final budget must also be scheduled. Any changes made to the proposed tax rate or Proposed Budget could affect required publications and steps in the tax rate and budget approval process. Minutes August 27, 2019. Wylie City Council Page 6 Public Hearing Mayor Hogue opened the public hearing on Item 7 at 8:01 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 8:01 p.m. Council Action A motion was made by Councilwoman. Arrington seconded by Councilman Dahl, to set September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Rd., Wylie, TX as the date, time and place at which Council will vote on the final budget. A vote was taken and motion passed 7-0. 8. Consider, and act upon, the award of RFP #W2018-69-B for Construction Manager At Risk —Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,887.00 and authorizing the City Manager to execute any and all necessary documents. (B. Parker, Asst. City Manager) Staff Comments Assistant City Manager Parker addressed Council stating Pogue hosted a bid day in which they accepted the bids for the Public Safety Building remodel. The guaranteed maximum price has been refined to $13,993,888.00 which includes the metal panel fence and the four covered parking spaces that were discussed at the last update. Council Action A motion was made by Councilman Dahl seconded by Councilwoman Arrington, to award RFP#W2018- 69-B for Construction. Manager At Risk—Risk—Guaranteed Maximum Price Construction.Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,888.00 and authorizing the City Manager to execute any and all necessary documents. A vote was taken and motion passed 7-0. Mayor Hogue convened the Council into Executive Session at 8:08 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. 00 Properties adjacent to McMillan Road between McCreary Road and Country Club Road. 00 Consider the sale or acquisition of property owned by the City of Wylie. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or Minutes August 27, 2019 Wylie City Council Page 7 near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 0o Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-5c, 2019-7a and 2019-8a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 8:46 p.m. Council Action A motion was made by Councilman Porter seconded by Councilman Duke, to authorize the Public Notice to Bidders for the sale of a City-owned 1.60459-acre parcel located at 802 West Kirby in Wylie, Texas fronting F.M. 544 and part of a 4.67-acre tract more specifically located at the northwest corner of F.M. 544 and the Kansas City Southern Railway Company railroad crossing which is approximately 640 feet west of the intersection of F.M. 544 and State Highway 78, Wylie, Texas. A vote was taken and motion passed 7-0. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Wallis, to adjourn the meeting at 8:48 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes August 27, 2019. Wylie City Council Page 8 Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 10, 2019 Item Number: B Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 26, 2019 Exhibits: Subject Consider, and act upon, a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 9, 2019. Recommendation Motion to recommend a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 9, 2019. Discussion The Wylie P.O.L.I.C.E. Club is proposing to host a fundraiser softball tournament to be held at Founders Park on November 9, 2019.. This is the third year of this event and Parks staff reported that they did not have any issues or concerns working with this group previously. The funds raised from this event would be used to support Wylie P.O.L.I.C.E. Club regular community activities. Parks Division staff would assist with preparing fields, picking up of litter, and any park set up. The Parks and Recreation Board approved the vendor application at the August 10, 2019 meeting. Page 1 of I PARKS AND REcREATION(~ 300[nunt� Rd, Building VVyie,TX75098 JTY--"�--'-- - Office: 97Z-516-634O/Fax 97Z~44Z-07S8 do VENDOR APPLICATION-Once approved by City Council,vendor has 7 days tofinalize event with Parks Recreation facility staff. Recommended timelinefor submission is 2-3 months in advance of event,Please' forward TYPED application to above address, email,orfax. Applicant Information Name ofOrganization: Primary Contact Person's N er Michael Stewart O iati ' Phone Number: Primary Contact Pemon's Phone Number: | Zl4�]Z��73 , � Organization Address: Primary Contact Pe n'sAdd O ization' Primary Contact Pe n'sEmail: O i ati ' Non-profit Exemption N b (if applicable): Alternate Contact Person's Na Event Information Event Name/Title: Eve (fundraiser, P ofEvent: F_'~- �----~-- -- undra|ser aun ___..._] Event Location: Proposed Event Date: Alternative Date: 1 , ` e� U « ��ounde�s Park Fields A, B,[and 11/09/2019 =Dote' Anticipated Number of Participating Vendors: Start Time(incisetup): End Time(incideonup): k z�� U � 0Opm Anticipated Attendance: Event Target Audie - ___ EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements orflyers. The Wylie P.O.L.I.C.E.Club which is run by the Wylie Police Department is hosting a Co-Ed Softball Tournament.The main purpose of the event isa fundraiser for the PDl1[E.club.The event will consist of1O teams ina double elimination styletournament� ' ~~~~~~~~ The PD.LiCf.Club will set up tables to sell packaged food items and drinks as partof the fundraiser. NOTE: If food is prepared on-site or off-site and brought m the event location mue offered m the public,free mata cost,the vendor applicant must mmactmeCollin County Environmental Services Office m McKinney m order m inquire whether aremrmrary/Short-Tenn Event Food Service/Health Permit is required prior mthe 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,atz'e,2-s^ossmur1-y,2-sw+ssus. The Collin County weusue/swww.mmnmunmm.uo,. Sec.,x'zosor the City Code m 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,o,employees of any person who are recommended*v the Parks and Recreation Board and approved»v the City Council m operate a concession o, concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Ren.8-10-17 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 10, 2019 Item Number: C Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 100-5181-56040 Date Prepared: September 3, 2019 Exhibits: ILA Subject Consider, and act upon,Resolution No. 2019-21(R) authorizing the City Manager to execute an Interlocal Public Transit Service Agreement with the Dallas Area Rapid Transit. Recommendation Motion to approve Resolution No. 2019-21(R) authorizing the City Manager to execute an Interlocal Public Transit Service Agreement with the Dallas Area Rapid Transit. Discussion In 2017, the City of Wylie and the Dallas Area Rapid Transit first entered into an agreement to provide a demand responsive transportation program within Collin County that is available to residents of the City who are 65 years of age or older or who have a disability. Terms of the agreement include the following: - Available to residents of Collin County who are 65 years of age or older or who have a disability - Users are required to pay a fare per trip and/or percentage share of the subsidy value - Rides available between 5 am and 11 pm Monday through Sunday - Same day booking will be offered to registrants - A mobile application will be available by the end of 2019 for scheduling - The per user maximum transportation benefit is $400 and requires a 25%user payment The annual not to exceed total for FY20 is $31,000. If demand increases beyond the annual payment,DART incurs the risk. Page 1 of 1 RESOLUTION NO. 2019-21(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL PUBLIC TRANSIT SERVICE AGREEMENT BETWEEN THE DALLAS AREA RAPID TRANSIT AND THE CITY OF WYLIE CONCERNING AN ON DEMAND RESPONSIVE TRANSPORTATION PROGRAM WITHIN COLLIN COUNTY TO RESIDENTS WHO ARE 65 YEARS OF AGE OR OLDER OR WHO HAVE A DISABILITY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the Interlocal Public Transit Service Agreement between the Dallas Area Rapid Transit and the City of Wylie concerning a demand responsive transportation program. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 10th day of September, 2019. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No.2019-21(R)Interlocal Public Transit Service Agreement between the Dallas Area Rapid Transit and the City of Wylie EXHIBIT "A" Interlocal Agreement Resolution No.2019-21(R)Interlocal Public Transit Service Agreement between the Dallas Area Rapid Transit and the City of Wylie EXHIBIT 1 THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF COLLIN } INTERLOCAL PUBLIC TRANSIT SERVICE AGREEMENT THIS AGREEMENT,("Agreement")by and between Dallas Area Rapid Transit Mobility Service, LGC ("LGC"), a Texas local government corporation organized and existing pursuant to Subchapter D of Chapter 431 of the Texas Transportation Code and the City of Wylie, Texas (hereafter referred to as "CITY") a Texas municipal corporation whose address is 300 Country Club, Building 100, Wylie, Texas 75098 (collectively, referred to as the "the Parties" or individually, as a"Party"). WITNESSETH: WHEREAS, the LGC began a demand responsive transportation program within Collin County that is available to residents of CITY who are 65 years of age or older or who have a disability (hereafter referred to as the "Service"); and WHEREAS, CITY has provided funding to support the operation of this Service since 2016 and has determined that the Service is beneficial to the residents of the CITY; and WHEREAS, CITY may modify the amount that CITY residents pay for the Service through this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Term and Teimination 1.01. The teim of this Agreement shall begin on the 1st day of October, 2019, and terminate at midnight on the 30`'' day of September, 2022, unless earlier terminated as herein provided("the Teen"). 1.02. In addition to any other termination provision contained herein, either Party shall have the right to terminate this Agreement by giving the other Party one hundred twenty (120) calendar days advance written notice of termination. 1.03. In the event that either Party shall fail to perform any of their respective material obligations under this Agreement, the non-defaulting Party shall have the right to terminate this Agreement if the defaulting Party has not cured any such failure to perform within thirty (30) calendar days following written notice by non-defaulting Party of such failure. EXHIBIT 1 1.04. In the event that CITY fails to make any payment required by Section 4.04 of this Agreement, LGC shall have the option, at its sole discretion,to suspend such Service within CITY or require that residents of the CITY pay a higher fare or percentage share of taxi vouchers for the Service. The suspension or revised user fees may continue until payments from the CITY resume. 2. Service Description 2.01. Service includes weekday contract demand-responsive service as operated by the LGC contractor. During the Term of this Agreement, the Service may be replaced with a transportation assistance program to provide accessible public transportation services for the eligible residents of Collin County, including CITY. 2.02. Except as may be limited in accordance with Section 1.04, Service shall be available to residents of Collin County who are 65 years of age or older or who have a disability and who have no access to alternative private or public transportation. 2.03. Eligible users of Service provided under this Agreement will be required to pay a fare per trip and/or percentage share of the subsidy value provided for the Service. 2.04. Eligible users of Service shall be required to schedule ride requests and rides will be available on-demand between the hours of 5:00 am and 11:00 pm on Monday through Sunday. 2.05. Users of Service who fail to cancel a previously scheduled or regularly scheduled trip at least one hour in advance of the pickup time shall pay a fee in an amount as required by the LGC. 3. LGC Duties and Responsibilities 3.01. LGC may cause a contractor to provide the Service, including vehicles, drivers, supervisors, call center and scheduling staff, and any other staff or services required to provide the Service; 3.02. LGC may cause its contractor to clean, fuel and otherwise maintain any vehicles needed to provide a demand-responsive service. 3.03. LGC may cause a taxi or other transportation service to provide voucher management services, technology, software or other services, supplies, or equipment necessary to operate a user transportation assistance program. 3.04. LGC shall be responsible for the call center, customer information, complaint resolution, data collection, accounting, passenger ridership, invoicing, reconciliation of all invoices, and payment of contractors and suppliers. 3.05. Performance Measures and Reporting. LGC shall provide CITY with information regarding ridership, on-time performance of the Service, costs, and number of users, within thirty (30) days of receipt of such information from the contract provider. EXHIBIT 1 3.06. LGC shall convene periodic meetings with CITY staff to discuss the Service. 3.07. LGC shall cause to be prepared planning, engineering, and financial planning services and data required by the North Central Texas Council of Governments ("NCTCOG"). NCTCOG is responsible for funding and managing the development of the , County Transit Service and Financial Plan, which will include CITY. This NCTCOG plan will meet the CITY obligations as required by Policy III.07 to develop a 20-year transit service and financial plan during the Term of this Agreement. Following the completion of the transit service and financial plan by NCTCOG, the CITY shall develop a plan for CITY membership in DART. 3.08. LGC will distribute to CITY and analyze any available surveys of the Service. CITY may provide input regarding the design of the survey instruments, if any are used. 4. CITY Duties and Responsibilities 4.01. CITY shall allow the LGC to operate the Service on CITY streets including contract demand-responsive service or taxi services. 4.02. CITY shall assist in marketing and communications of Service to residents, using the CITY website, resident newsletters, or other methods of communication controlled by the CITY to inform residents about the Service. 4.03. CITY shall cooperate with the NCTCOG, NCTCOG consultants, and LGC to prepare a Collin County Service and Financial Plan, as required by DART Policy 1IL07. Cooperation shall include,by example and not limitation,participating on policy, stakeholder and technical advisory committees, providing information about CITY economic development, demographic projections, financial projections, and reviewing and commenting on the Collin County Service Plan as required under DART Policy III.07. The cost of the planning prepared by NCTCOG will be the responsibility of NCTCOG. 4.04. Commencing September 1, 2019, and on the first day of every month thereafter during the Term hereof, CITY shall pay LGC CITY's share of the Service as shown in Exhibit A to the following address: Dallas Area Rapid Transit Accounts Receivable P.O. Box 840009 Dallas, TX 75284-0009 The final monthly payment of each year will be adjusted to reflect the annual total not-to-exceed amount shown in Exhibit A. Any payments made under this Agreement shall be made from revenues currently available to the Parties. The provisions of Chapter 2251 of the Texas Government Code shall apply to payments under this Agreement. The amount due hereunder is subject to change in the event that CITY requests a change in the program or LGC grant funds are depleted. EXHIBIT 1 5. Joint Marketing and Communications. The Parties acknowledge that marketing and communications regarding the Service may require the use of marks and logos that are owned by each of the Parties. The Parties agree to such limited use of their individually owned or registered marks, logos, and trade names in connection with providing and promoting the Service under this Agreement. Any right to use such marks and logos shall terminate upon the termination or expiration of this Agreement. 6. Force Majeure. LGC shall at all times use reasonable commercial efforts to provide or cause the Service to be provided continuously, however, LGC does not warrant or guarantee uninterrupted Service and shall not be liable for any special, direct or consequential damages relating to or arising from an interruption in the Service. The obligations of the Parties to perform under this Agreement shall be suspended to the extent that either or both are unable to perform as a result of causes beyond the respective Party's reasonable control and without such Party's fault or negligence, including but not limited to, equipment breakdown, accidents, acts of nature and governmental action. In such event, the affected Party shall use reasonable efforts to eliminate the cause as quickly as possible. 7. Planning. On July 1, 2022, LGC shall provide a projected pricing schedule for continuation of the Service beyond the Teiiii. CITY shall notify DART in the event that, prior to July 1, 2022, CITY has determined not to continue funding for the Service after September 30, 2022. 8. Audit and Retention of Records. Any Party shall have the right to request an audit of another Party's records related to the operation of the Service. The Parties shall retain adequate records for auditing purposes for a period of three years after final payment hereunder. 9. Indemnifications 9.01. To the extent pet miffed by applicable law, LGC shall defend, indemnify and hold CITY, and its officers, employees, visitors and contractors, harmless from all loss, cost and expense by reason of injury(including death),to any person, or damage to property, arising out of or from any accident or other occurrence taking place during the performance of this Agreement, which injury or damage results from negligence on the part of LGC, its agents, employees, or contractors. 9.02. To the extent permitted by applicable law, CITY shall defend, indemnify and hold LGC, its directors, officers, employees and contractors, harmless from all loss, cost and expense by reason of injury, (including death), to any person, or damage to property, arising out of or from any accident or other occurrence taking place during the performance of this Agreement, which injury or damage results from negligence on the part of CITY,its agents,employees or contractors. 9.03. CITY hereby releases,indemnifies,defend and holds DART harmless from all loss, cost and expense by reason of injury, (including death), to any person, or damage to property, arising out of or from any accident or other occurrence taking place during the performance of this Agreement, which injury or damage results from any negligence or misconduct on the part of the EXHIBIT 1 indemnifying Party or its agents, employees or contractors, whether now known or otherwise. In the event of any third party claim against DART arising out of the terms of this Agreement, the Parties shall jointly provide any necessary defense with counsel reasonably acceptable to DART, so as to eliminate liability on the part of DART, it being acknowledged that DART is not a Party to this Agreement. 9.04. In the event of joint or concurring negligence or fault of both Parties, liability, if any, shall be apportioned comparatively in accordance with the law of the State of Texas. The provisions of this section are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity, nor limit the right of LGC or CITY to assert any governmental immunity defense to any claim of another Party or entity. The provisions of this section shall survive termination or expiration of this Agreement. 10. Miscellaneous Provisions. 10.01. Notices. Any notice by any Party shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by United States mail, certified,return receipt requested, in a postage paid envelope addressed to the Parties as set out below: LGC: c/o DALLAS AREA RAPID TRANSIT P.O. Box 660163 Dallas, Texas 75266-7213 Attention: Todd Plesko Vice President, Planning and Development CITY: City of Wylie 300 Country Club, Building 100 Wylie, Texas 75098 Attention: Chris Hoisted City Manager With a copy to: City Attorney City of Wylie 300 Country Club, Building 100 Wylie, Texas 75098 A Party may designate another address by giving notice thereof to the other Parties. 10.02. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. There shall be no third party beneficiaries of this Agreement. 10.03. Fiscal Funding. CITY is a political subdivision of the State of Texas (or creation thereof). CITY shall have the right,upon the failure of the governing body of CITY to appropriate EXHIBIT 1 sufficient finances to fund of this Agreement, to terminate this Agreement as of the effective date of such lack of fiscal funding. When exercising this right, CITY shall give notice to LGC of any such failure of funding at the earliest possible time. 10.04. Construction and Drafting. The paragraph headings in this Agreement are intended for convenience only and shall not be taken into consideration in the construction or interpretation of this Agreement. Whenever used herein, unless the context otherwise provides, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders. Both Parties have participated in the drafting hereof and accordingly no party shall be given credit therefor in the interpretation of this Agreement. 10.05. Partial Invalidity. Any portion of this Agreement being declared by law to be invalid shall not invalidate the remaining provisions which shall remain in full force and effect. 10.06. Merger and Amendment. This instrument constitutes the entire agreement of the Parties with respect to matters contemplated herein, and it may be modified or amended only in writing, signed by all Parties hereto and in accordance with the terms hereof. 10.07. No Partnerships or Joint Enterprise. It is mutually understood and agreed that this Agreement is intended by the Parties to establish only an independent contractual relationship and is not intended to create a partnership or joint venture between the Parties. 10.08. Use of Contractors. Nothing in this Agreement shall prevent a Party from using a contractor or agent to perform the duties and responsibilities contemplated by this Agreement. 10.09. Exhibits and Attachments. The exhibits attached to this Agreement are incorporated by reference as if written word for word herein. In the event of conflict between the exhibits and this Agreement, the teiiiis of this Agreement shall prevail. 10.10 Assignment. No Party may assign its rights and obligations or either under this Agreement, in whole or in part,without first obtaining the prior written consent of the other Party, which consent may be withheld for any reason. No assignee or successor may further assign, in whole or in part, its rights and obligations without prior written consent of the other Party to this Agreement at the time of further assignment. 10.11 Incorporation of Recitations. The recitations and "whereas" provisions of this Agreement are incorporated herein as part of this Agreement for all purposes. 10.12 DART Board Policy I11.07. The Provisions of the DART Board Policy are incorporated herein and binding on the Parties hereto. Any renewal of this Agreement must be approved by each Party and the DART Board of Directors. EXHIBIT 1 (SIGNATURES ON THE FOLLOWING PAGE) EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple originals as of the day of , 2019. DALLAS AREA RAPID TRANSIT MOBILITY SERVICE, LGC By: CITY OF WYLIE By: City Manager EXHIBIT 1 Exhibit A \ \00000000\ \ \\\\\\\\ \\\\\\\\\ \\0000000000000000\ \ \oo\o \ \ \ \O\\\\O\\\\O\\\\O\\\\O\\\\O\\ \\0000000000000 \\\\\\\\\ \\\\\\\\\\\\\\\\\ - \\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\ \\\\\\\\\\\\ FYn ' Y2 'lY °thl h l FY22 onthl ' i Annua 11Y nl A. ual hA Aunt Exibit Amout o Amunt . ..ttalNTE TotalNTE ToalANT En m Wylie $2583.33* $2660.83* $2740.58* $31,000,00 $31,930.00 $32,887.00 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 10, 2019 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 29, 2019 Exhibits: 1 Subject Consider, and act upon, a final plat of Lake Park Villas Phase 1,to allow for 72 Residential and four open space lots on 12.284 acres, generally located at the northeast corner of Troy Road and Vinson.Road. Recommendation Motion to approve a final plat of Lake Park Villas Phase 1,to allow for 72 Residential and four open space lots on 12.284 acres, generally located at the northeast corner of Troy Road and Vinson Road. Discussion OWNER: Wylie Lake Park Villas,LLC APPLICANT: Kimley-Horn The applicant has submitted a final plat for Phase 1 of the Lake Park Villas townhome development. The plat is a portion of the Lake Park Villas preliminary plat approved in May 2017. The plat consists of 72 residential and four open space lots and conforms to the preliminary plat. The development will have access from Vinson Road and from Neva Lane and will be creating four collector streets with 50'right-of-way each. All of the open space lots are to be owned and maintained by the subdivisions HOA. Approval is subject to additions and alterations as required by the City Engineering Department. P&Z Commission Discussion The Commission voted 5-0 to recommend approval Page 1 of 1 c \\ '/' CALLE.825 ACRES RD...R NOLDINDS L P 7 /' 8 = = a , 2 r I I I VICINITY MAP ------< __------- - ----- Is\-aJF,L , ''',,','K. G 'ay'2C E1212e,82,,.V E°Gr Z.Eae=E'eE:24/21"8"r /,AR802 2 EZM221'.IDKE1.R7213:01 - , ,vZ / SI TE 5112LR0A0AK.YE 0 GALLED.11.ACE, 111=';07C0r I D R D C i /2 2.6'4.'1\ "KILTED I1S0'0=1Vt." 4\ / .T.7:,„, 'LL ; V,S sAT°To5'555,,, ye sca, 55==o GRAPHIC SCALE IN FEET / / \ I. 2.14-2'.' 6 . A /8 = ,18 %0I,,,z,,,\8 ;; ,,,1,8: 81; 204z,,,21, ,8 A I 1 60§2.36 / 0, , _ _4-r==m,-,, LEGEND„, ',., ° .,'' ' , 'Zin==` \ ; Ei:1,=EZIM ;/.,„2,..„,„,1111\ ›.,.„.„ ,,, i\' .c,\ ; ' 11§1E1111111111111111/0(',,..' / '1ITI-CESTR1TrAlr' VOL 460 PO E91 545, 0 E. 555 052.5 00,\ 5 I 0.0.OIREK-AL 8 = '28`,.,,,,•\,,,\ DV 0=4 \2\' KG," .8 ';/ A, '181E‘V .E1'''' 1° AA 1 I' "88,8 SIMEMB / 2\A C,,, .? ,Lry' 211. 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T SAO, ' ;' rO, 1,1":, ,..7, CITY OF/VVYLIIE,TX, 2 / ' 'Z,,,'.7.E= ,..,,,k\, ,,,/ / / ,\,,,,, \\,\,,,I/ 2V/>, ,.,,,5 [.,,q -- I SUNRISE DR A-El 000 READDRIF NE ACC,ID.0 112.3.00010L 2.8 0.1.1101 JD 2009 21112 LOCATED NORTh+OF\STATE HIGHWAY No 78 / / „<‘:: <./;, ,,,, ,.:.:j _Li: 1121.01.01 IDEL.I.8.1011 MED nood.AFAA 5,5 BA y FAHA oA5 ro.A ,r4sD W ST OF/SOUTH BALLARD STREET NEAR / '.<„: ::\:` ''' i' ">\ ‘:'`1(..t: /I' a 61 j..' -25- '*1 T;77Z=7,7:=7=7,Vn= HE UTHEAST CORNER OF THE BUILDING p7s.: ,/ : , /,<<, / / /,:,./ LO ATED AT 104 SOUTH BALLAr STREET. ' :I04, I':::\\,',\,°cIt,, .0.,„ / a,/ , ,,,, ,,,7 f ,,_ !J / / E EV=550 238' / /+-/ -"- 7,, .. . / ,, \ .,< _ , 1 -----; / MATCHjN.E-THIS SHEET / / / ,p'1, "; ;;';'' , ' / \ ,,\-; ,,, ,../(7: I-1 KralE ANIOD 011.1BERS AND VEDNON CHARLES BURTON \A/ '120= I''/ D'I'"15 85 1 I'I'' "' 8 -;' % 1 2 '4" 'r'1iI MErt= g \ %"0:Ltic,:ik,,S",..22E 228:121081Thi / V1 Z'DI'l 1 / 8, \ V/15 288. 21 x,\ ' TC'''"s't7 20 p! • , , \ / , ''' .-.'- '''‘.‘.,4\44.•'4j 1Y! \ I // / // \ \ \ V I 1 'F' 1,-,', . , ..Y-- -----r---- Is'Xnr-r=,-1°- GASKRENT FINAL PLAT ,,. LAKE PARK VILLAS „„-,, , , / A,_ PHASE 1 ,..,.2\ "", ,/,„A <;> A A / A , - 79.A0A/ 1 ,,m. I „ -., , 1 7„,, \\\Hit." ...MARK BLOCKS,LOTS 1-31,79X; ‘ :, .,;.; ;';', 'ii;, , ; BLOCK C LOTS 15-49,51X-52X; „,./ \\,,, /,1-A- a"-''''Z''' I 1, .;! I I / . BLOCK D,LOTS 14-19; _884 11.. ...2..5 t I D8E, =10. BLOCK E LOT 1X/,-; 1' __,----\ / , A / ERR. / \ \ 7- - 72 RESIDENTIAL LOTS I 4 HOA LOTS ,: I . ' : ':: I ' :::.:, ',"?.., ::‘ cp MATCHLIN'E„,-THIS SHEET OWNER BEING 12.284 ACRES SITUATED IN THE \ ..., / ATTERBERRY SURVEY,ABSTRACT NO 6 \ Is: -9c: % ,. CITY OF WYLIE,ROCKWALL COUNTY,TEXAS .: CALLED 15 362 ACRES 3,7 3 '''.43 / Phone 50 351,956\ .1'LAZARO DELEON,JR. \ Kimley*Horn VOL 667 194 \ / DETAIL"A" APPLICANT rr0C1'10==5'51"' R 22 2"PIA/11,101938 1r14 No(9772;r5 Tg RPRRCPGT \ \ BLOCK E,LOT 1X-HOA SCALE 1.10 Fax 972.335.3779'1''''nFyil''' / 1-60 AIN KHA MAR 2018 063225200 1 OF 2 ,2 STATE GE TEXAS g NOW,,THEREFORE KNOW ALL MEN BY THESE PRESENTS. SURVEYORS CERTIFICATION COUNTY OE ROCKWALL g HIS(ITS)DULY AUTHORIZED OFFICERS, KNOW ALL MEN BY THESE PRESENTS_ C11Y Or WYLIE g P'11';1:El.'AN VAT:TT I TO N'T nil E 1E4 Or Zt Er,1E"X7,A'Nr0 V='f•E'RT V.Y°C170=1:1T,VI N'Eg'S'l f!:11.'''L'EK,'r,=';'TANI That I,Michael B.Marx,do hereby certify that I prepared Ihis plat and the field notes made a part thereonPUBLIC USE FOREVER,THE STREETS.RIGHTS,OF,WAY,AND OTHER PUBLIC IMPROVEMENTS SHOWN THEREON. thereof from an actual and accurate survey of the la.a.that the comer monuments shown THE STREETS AND ALLEYS,,F ANY.ARE DEDICATED FOR STREET PURPOSES,THE EASEMENTS AND PUBL,C USE were ProPorlY the y f Wylie,Teraspmy personal supervision.in....re nce w,tb the Subdivision WHEREAS WYLIE LAKE PARK VILLAS LLC,aro the solo owners of a tract of land rvtuated in tho Atterberry Survey,Abstract No..6,04y AREAS,AS SHOWN.ARE DEDICATED,FOR THE PUBLIC USE FOREVER,FOR THE PURPOSES INDICATED ON THIS q of Wylie.Rockwall County.Texas a.being a portion of a called 26.653-acre 4.act of la.descnbed En Special Warranty Deed to Nrvlie PLAT,NO BUILDINGS,FENCES,TREES,SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE Lake Pa,Villas ll..C.as recorded in Instrument No,20180000010,356.Official Public Records,Rockwall County,Texas,and being more CONSTRUCTED OR PLACED UPON,OVER OR ACROSS THE EASEMENTS AS SHOWN,EXCEPT THAT LANDSCAPE particularly damnIMPROVEMENTS IN LANDSCAPE EASEMENTS, " F BEGINNING at an"' and for the northwest comer of said 26.s66a PUBLIC UTILITIES✓oo EOR USING UMAY THEALS SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR Michael B E Marx ',sonRo,d,av r mtheso,the, Y g of Neva foot. g F wYEIs USE No.3t6, PRELIMINARY THEREOF.CITY OF WYLIE,TEXAS SUBDIVISION ORDINANCE ADOPTED 2,25.03,AMENDED 7.24.07 Kimley-Horn a.Associates,Inc THIS DOCUMENT SHALL THENCE No.44"04.0.2"East.departing the centerline of said Vinson Road.along the common line of sard 26.586-acre tract and said 5750 Genesis Court,Suite 200 NOT BE RECORDED FOR Neva Lane.a distance of 4,28 feet to a'X'cut in concrete found at the beginning of a tangery Curve to the right havrvg a re.n4a1 angle THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR Frisco.Texas-45030 ANY PURPOSE AND of 2.05'294 a radius of 410.00 feet,a chord bearing and distance of No.05.26'06"East...73 feet, PARTS OP ANY BUILDINGS.FENCES,TREE,SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY Phone 972.335.3580 SHALL NOT BE USED OR E WITH THE THENCE in a along frreeawith,�deilhhadistance � o n;g,h4 feet to - UPON AS A FINAL a 5f84nc,,ton toe OR EFFICIENCY OF THEIR RESPECTIVE Fax 972-335,3779 VIEWED OR RELIED plastic caps a ',HA'eme,emferrd� nr curve t right, s " T CONSTRUCTING, T O �Ns,PATROE ITHOT� READw2 METERS, To THENCE aeaa g saki common line and crossing d 2663Geaa tam the following courses and amenRREMONGALORPASFTHE,RRESPEcnvE SYSTEMS WITHOUT THE NECEssRATANY anti.PROCURING STATE or TEXAS s PERMISSION FROM ANYDNE. South6,on3 East,a distance of13.83 feat to an iron rod set for comer, COUNTY OF COLLIN § This plat approved sub,ect to all plattmg ordinances.rules,regulations and resolutions of the City of Wylie,Texas. South 46'2976"East.a distance of 666 25 feet to an iron rod set for comer, BEFORE ME,the undersigned,a Notary Public in a.for The State of reKee,on this day WITNESS,my hand,this day of personally appeared MICHAEL B.MARX,known to me to be the person and officer whose name ls North 88,0'34"East,a d,stance of 14.14 feel to an mon rod set for comer: subscribed to the foregoing instrurnenl,a.acknowledged to me that he executed the sarne lor the BY:WYLIE LAKE PARK VILLAS LLC PurPoses and considerations therein expre4sed and in the capacity therein staled. North 03.30'34"East,a distanre of 119.50 feet to an imn rod set for corner. GIVEN UNDER MY HAND AND SEAL OF OFF,CE thry the day of North 1429,6'West.a distance of 14.85 feet to an iron rod set for comer. BY: ,20 Ling Chen-TaIe North 46,4426.West.a drvlance of 3.57 feet to an Iren rod set for comer; North 43 30'34 East a a atat ce of 150.00 feet to an won rod se,for come,. STATE OF TEXAS North 462N26 West.adistance of3BA35 feet to an iron and set former: Notary PutAlc,slate of Texas COUNTY OF § North 43'30'34"East,a chstance of 112,50 feet to a point at the beginning of a non-tangent curve to the right havIng a centra,angle of 2,3'514 a radius of 109 50 feet,a chord bearr,a.distance of North 26"19.50"West.5.22 feet: BEFORE ME,the undersign.,a Notary Pub,in a.for The State of Texas,on thry day personally appeared LING CHEN, known to me to be the person and officer whose name is subscribe.the foregong instrument.a.acknowledged to me that he In a northwesterly direction,with said curve to the ugh,an arc distance of 5.22 feet to a point at the begnIng of a CORIPOUng curve to executed the same fOr!Le purposes and considerations therein expressed a.in the capacity therein Staled. the fight heal,a Central angle Of 3,433255.a latlilla 0,312.50 feel,a.Ortl bearing and dialer,.of North 23,2W,West,19.12 feet: GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of In a northwester,direction.with said curve to the right,an arc distance of...feet to a point for corner, RECOMMENDED FOR APPROVAL No.61,5'30"West,a drvtance of 15,16 feet to an iron rod set on the aforementioned common line or said 26.586.acre tract a.srvd Neva Lane,same berng the begin.,of a norvtangent curve to the left having a central angle of 9,3,34 a twin,of 470.00 feet.a Notary Pubac,State of Texas chord beanng 0110 distance of No.73,11.2.'East,81.07 feet, THENCE in a 315351.M1eaeterly 555eC0031,alang Sale,cOrnrnee line and with Sag,curve to the left an arc rvstance of 81 17 leer tp an Iron rod set ''1,','r:r1','4',,,e'll'Z's'"'"'""'"'" r,,,e. TFIENCE departing said common line and crossing said 26.586.acre tract the following courses and dislances, APPROVED f OR CONSTRUCTION South 23'53'25.West,a distance of14.03 feet to a point for corner; South 24.42.2,East,a distance of 17 56 feet to a point at the beginrvng of a non-tangent curve to the rtght having a central angle of nrO'l Wyhe,Texas Dale 9'02'434 a radius of 87.22 feet.a chOrd bean,and distance or South 23'06,8"E...75 feet In a southeasterly direction,with said curve to the right,.arc distance of 13.,feet to a pont at the beginning of a no.angent curve to the lefl havrng a central angle of 1,50'094 a radius ot 90.50 feet.a chord bearing and dIstance of South 27,979.East.25.14 feet, ACCEPTED In a southeasterly directIon,w4h said cmrve to the lett.an arc distance of 25 22 feet to a poInt al the begnmng of a compound curve to the left having a rentral angle of 11=00'534 a radius of 255.00 feet.a chord bearing and distance of South 40.69'00"East.48.95 feet: In a southeaster,dIrection,with said curve to the left,an arc distance 0105.02 fee.a point for come, ','.:ro'l Wyhe.Texas Dal, South 46,97V East,a distance of 38.69 feet to a point for 4omer, North 88'30'36.East,a distance of 14.14 feel to an iron rod set for come, CI,of Wyke was surv4,tied.4,e Citv Council on the day of ,20 . and the Council.by rormal act,on.then and there accepted the dedication of streets aFley, No.03.-30'37 East,distance of 0.50 feet to an iron rod set for corner: parks,easements,publ,c places.a.water and serve,lines a4 633,11 and 501 10311 in a. South 46"297,East.a distance or 50.00 feet to an iron rod set for comer; South 43430'37"West,a rvotance of 0,50 feet to an iron rod set for comer, LINE TABLE LINE TABLE CURVE TABLE CURVE TABLE South 1.29'24"East.a distance of 10 14 feet to an zon rod set fOr COM.; South 46'29'26.'East.a distance of.0 DO feet to an iron rod set for corn, SOUth 06329265 East.a distanre of 9.24 feet to an iron rod set at the beginning of a tangent curve to the left having a central angle of ,onroasetattne eedofaaa mime to ma rem C, " 35 31-7 no 98B g No.365sC6 East,a dEstance of,3,4 feet to ammn and set m.corn�. "e node _ ggig. FINAL PLAT Normf•22t6 9feettoammnrodse .. d' Sot 3 3,42' Bon feet toan iron roa nmet: told LAKE PARK VILLAS Soup,-22,3 manrenf3>a„feet toan iron ma corner: „ s6r,6F33g5. ��=ee ,n� 33433 2,03 57, 1,.125305 0;a4 PHASE 1 South 63,742 and set for corner on the easterly line of and me waaterro 5,0.1Warren,Deedto Bradley Ricker, e4422, Page 21e,Rea Property cords.Ro County,Texas,same being on the centerline ofTrer Roaaa width right-of-way. s BLOCK B,LOTS 1-31,79X; n so,,,,6e c4, so>stre .53 so ,rot, a„.w a„ sa as e e,a BLOCK C LOTS 15-49,51X-52X; THENCE South t6r46 West,along the easterly line ofsaid Road,the westetc-neofdad , . ss„woe ,ore' ,em,.m s sas> r. a „a sore trey the westerly line orsanhae sew,Eatares as a tit a000 a e t a o 'canner s BLOCK D,LOTS 14-19; A,glide 53,Plat Records.Rock,.County.Texas,and the westerly line of a called 1-acre tract of land described 41 Out Claim Deed to 4 Otis„I a.Elsie r Juneau recorded in Volume 3052.Page 280,sa.Real Property Records,disIance of 433 81 feet to a 1/2 inch iron rod L22 315.3.00-3733 �1-1 a,42n tow sat Nae4tiw aIIround for the southwest corner ot sald 1-acre BLOCKE LOT IX according the plat mmeofaaordean et G,s de 4,said same belng the es comer of Watermark,an addition City of v 4 64o>a s I o,e ewT 72 RESIDENTIAL LOTS THENCE - ' "South o 40 g along the easterly wsa3-aoa tram and m watermark and the centerline n,42T uod, of said Trey Road, sane o ',os feet m a mag'lea set for the southerly f ese 26.,ee acre tract,common with the 4,4 3 aeae. 44 M tam 44 sf 4 r fie ` 4 HOE LOTS „ waeosa boars sown 3tze•East.o 7 reef 44er...on of the centerline of said Troy ad and the centerline of the aforementioned Vinson Road,from w„a,a e nail!Wild!Or BEING 12284 ACRES SITUATED IN THE ATTERBERRY SURVEY,ABSTRACT NO.6 THENCE North centerline of said onRoad,a distance of1724.65 meuo me POINT OF BEGINNING and coman,f2s.34 acres tssb,078 sq.ft j or 06 CITY OF WYLIE,ROCKWALL COUNTY,TEXAS more or., InnPho Kimley»>Horn Kimley-Norn and Associates,Inc 5750 Genesis Court,Suite 200 Frisco,Texas 75030 g,3,B36aEBo f.Ta o at(72,n21% Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 10, 2019 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 29, 2019 Exhibits: 2 Subject Consider, and act upon, Ordinance No. 2019-21, amending Ordinance No. 2003-03 Subdivision Regulations Sections 2.2, 2.3, and 2.4 Procedures and Approval. Recommendation Motion to approve, Ordinance No. 2019-21, amending Ordinance No. 2003-03 Subdivision Regulations Sections 2.2, 2.3, and 2.4 Procedures and Approval. Discussion The attached Ordinance contains text amendments to Sections 2.2-2.4 of the Subdivision Regulations that update application requirements, eliminates language that contradicts the statute, updates Commission and Council required actions, eliminates repetitive language, and clarifies the needed engineering before a preliminary plat. Further discussions between Staff and the City Attorney resulted in the final Ordinance herein containing minor differences from the item presented to City Council on August 27, 2019 in that: - Section 2.1 reverts to current language due to public hearing notification specifications - Section 2.2.D adds items 2.2.D.3, 2.2.D.4, and 2.2.D.5 regarding incomplete applications - Section 2.2.E adds language to 2.2.E.1, 2.2.E.2, 2.2.E.3(b), and 2.2.E.5 regarding the submittal calendar, a notary requirement, submittal modification, and extension of 30-day requirement,respectively. - Section 2.4.removes language from 2.4.B and 2.4.D regarding tying a preliminary plat to a concept plan or final plat and add Sections 2.4.E.3-9 clarifying standards of approval. Page 1 of 1 ORDINANCE NO. 2019-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AMENDING ORDINANCE NO. 2003-03 OF THE CITY OF WYLIE (THE SUBDIVISION REGULATIONS),SECTIONS 2.2,2.3,AND 2.4;MODIFYING CERTAIN REGULATIONS RELATING TO THE DEVELOPMENT REVIEW PROCESS IN THE CITY OF WYLIE TO ADDRESS CHANGES IMPOSED BY HOUSE BILL 3167; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Sections 2.2, 2.3, and 2.4 of Ordinance No. 2003-03, the Subdivision Regulations, to modify regulations relating to the development review process; and WHEREAS, the City Council finds that all legal notices required for amending the Subdivision Regulations have been given in the manner and form set forth by law, public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to amend the Subdivision Regulations as set forth below, and that such amendments are in furtherance of the health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Sections 2.2, 2.3, and 2.4 of Wylie's Subdivision Regulations, Ordinance No. 2003-03, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Subdivision Regulations,Ordinance No. 2003-03, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Ordinance No. 2019-21 Amending Ordinance No.2003-03 of the City of Wylie(The Subdivision Regulations), Sections 2.2,2.3,And 2.4 SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person,firm,corporation or entity violating this Ordinance or any provision of Wylie's Subdivision Regulations, Ordinance No. 2003-03, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 18, 2019, in the Wylie News Ordinance No. 2019-21 Amending Ordinance No.2003-03 of the City of Wylie(The Subdivision Regulations), Sections 2.2,2.3,And 2.4 II. PROCEDURES Section 2.1: Pre-Application Procedures The applicant should avail himself or herself of the advice and assistance of the City's administrative officers, and should consult early and informally with those officers before preparing a concept plan or any plat in order to save time and money, and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or plat, the applicant shall request and attend a mandatory pre-application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer, or surveyor Section 2.2: Statutory Procedures A. Zoning Requirements. A property within the City's corporate limits that is being proposed for platting must be properly zoned by the City, following the procedures of the City of Wylie's Zoning Ordinance,prior to submission of an application for approval of any plat or plan. In addition, the proposed development layout or subdivision design shown on the proposed plat or plan must be in conformance with all standards and requirements prescribed in the City's Zoning Ordinance. Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat or plan. In situations where the zoning on a particular piece of property cannot be ascertained by the City, the burden of proof regarding the property's zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by City officials as to its validity and authenticity. Any plat or plan submitted for approval by the City shall be in accordance with the City's Zoning Ordinance, if the property is located within the City's corporate limits, and, if the property is located within the City's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. All plats and plans shall be prepared by a licensed civil engineer or a registered land surveyor. B. Classification of Subdivisions and Additions. Before any deed conveying land is filed for record with the County Clerk, the property owner shall apply for and secure City Council approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this Ordinance. 1. Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the City Planner requires the submission of a final plat drawing and other submission materials required by Section 2.11 of this Ordinance. Lots may be conveyed or sold only when the plat has been approved by the City and the plat has been recorded with the appropriate County of Record. 1 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 2. Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves three steps: a concept plan,preliminary plat and final plat. Sections 2.3 through 2.6 of this Ordinance provide the requirements for each. Major plat approval shall be in accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision plats must be reviewed by the Commission and approved by the City Council, pursuant to Sections 2.4 through 2.8 of this Ordinance. Upon completion of the required public improvements, or upon submission and City approval of the appropriate surety for public improvements, the property owner may file the final plat in the land record of the appropriate County of Record. Lots may be sold only when the final plat has been recorded at the appropriate County of Record.No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at the appropriate County of Record. C. Submission Requirements For All Types of Plat and Plan Applications. 1. In addition to the requirements outlined herein for each type of development application,the City Planner has authority to, and shall establish and maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. The forms,policies,procedures, and other documents references in this subsection shall be available at the office of the City Planner and published on the City website. The documents referenced in this subsection may be amended from time to time by the City Planner, and it is the applicant's responsibility to be familiar with, and to comply with, the then current policies and procedures. 2. On or before September 1 of each year, the City Planner shall establish and maintain an official submittal calendar for all land development,plat and plan applications and filings for the period October 1 to September 30 of each year. The official submittal calendar shall be available at the office of the City Planner and published on the City website. The City Planner is entitled to make amendments to the official submittal calendar by publishing the amended calendar on the City website. 3. On or before September 1 of each year, the City Planner shall establish and maintain an official disapproval response submittal calendar for the period October 1 to September 30 of each year. The official disapproval response submittal calendar shall be available at the office of the City Planner and published on the City website. The City Planner is entitled to make amendments to the official disapproval response submittal calendar by publishing the amended calendar on the City website. D. Official Filing Date and Completeness of Application For All Types of Plats, Plans, and Disapproval Responses. 1. For the purpose of these regulations, the "official filing date" of a plat or plan shall be the date on which a complete application for approval of any type of plat or plan, that contains all required elements and information mandated by the Texas Local Government Code, Chapter 212 and by this Ordinance, is submitted to the City Planner, after which the statutory period required for approval or disapproval of the plat or plan shall commence to run. No application shall be accepted for filing or deemed filed until the City Planner determines that the application is complete and the City issues a fee receipt. 2 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 2. Plat or plan applications which do not include all required information and materials, as outlined herein and in other City development review policies and procedures, which may change from time to time, shall be considered incomplete, shall not be accepted by the City for filing or action, and shall not be scheduled for action on a Commission or Council agenda until complete application is filed. f an application or filing is not accepted by the City for filing or action because it is incomplete,then it is not considered filed under this Subdivision Ordinance and any other law or regulation governing the application or filing, including Chapter 212 of the Texas Local Government Code, if applicable. 3. A written notice of incompleteness need not identify all reasons why the application or filing was deemed incomplete. If a notice contains one or more reasons why the application or filing was deemed incomplete, addressing the reason(s) identified in the notice does not guarantee acceptance of a subsequent application or filing. 4. For all incomplete applications and filings, any filing fee paid may be retained by the City for reviewing the application or filing for completeness. Thereafter, the applicant must file a new application, including a new filing fee, if the applicant desires the application to be considered. 5. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Subdivision Ordinance or any other law or regulation governing the application or filing. E. Filing Procedures and City Review Process For All Types of Plats, Plans, and Disapproval Responses. 1. Submission Timing. A complete application for approval of any plat or plan or a disapproval response shall be filed the City only on an official submittal date established by the City Planner pursuant to Section 2.2(C) of this Ordinance for each such submission. A complete application or disapproval response attempted to be filed on a date other than an official submittal date established by the City Planner shall be considered filed on the first official submittal date established by the City Planner following the attempted date of filing. 2. Submission Materials. The application shall include a written application form which bears the signature(s) of the property owner(s) of the subject property, along with the appropriate submission fee, paper and/or electronic copies as determined by the City Planner and listed on the official submittal application,the pre-development letter,a copy of any applicable development agreement pertaining to the subject property and any other applicable information and materials deemed appropriate by the City. An authorized representative of the property owner(s) may file the application but only if the representative submits as part of the application a written and notarized statement from the property owner(s), such as a duly executed power of attorney, authorizing the representative to file the application on the owner's behalf. The application shall be accompanied by a tax certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, in accordance with Section 1.10. Documentation shall also be included that shows no 3 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property. The application shall also be accompanied by an engineer's summary report which describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development,including zoning of the property,proposed use(s)and acreage of each proposed use,minimum lot sizes,widths and depths,number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how storm water drainage will be handled; and an itemization and description of any variance or waiver from provisions of this Ordinance that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TxDOT or Appropriate County of Record, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes,if applicable. Letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable TV and solid waste,verifying their ability to provide an adequate level of service for the proposed development. All plat and plan drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be sized at 24" by 36", and shall be drawn to a known engineering scale of not smaller than one hundred feet to the inch(1"=100') or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at one hundred foot(100') scale,plats may be on multiple sheets or to another known engineering scale, as approved by the City and acceptable for filing at the appropriate County of Record. 3. City Staff Review. (a) Upon official filing of a complete application for plat or plan approval, City staff shall commence technical review of the development proposal by forwarding a copy of the application and plat or plan to the Development Issues Review Team members which include,but shall not be limited to,the City Planner,City Engineer, City Manager, Public Works Director, Fire Chief/Marshall, Police Chief, Parks Director. Development Issues Review Team members shall review the plat or plan and shall ascertain its compliance with these and other applicable City regulations. (b) The applicant may modify a complete application after its filing only in accordance with the procedures set forth in this subsection. If the modification is for revisions requested by the City, and the modification is received by the date set forth on the submittal calendar, the application shall be decided within the original period for decision (from the original official filing date) prescribed by this Subdivision Ordinance. In all other instances (e.g., when the applicant chooses to submit a revised or amended application on the applicant's own accord because of a change in development decisions), submittal of a modified application shall not be permitted. The applicant may choose to withdraw the application and submit a new application or have the municipal authority act on the original application. 4. Action by the Planning and Zoning Commission and City Council. The Planning and Zoning Commission shall review all subdivision plat applications, and if in conformance 4 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 with the provisions of this Ordinance and with all other applicable regulations of the City and other applicable laws, they shall be approved by the City Council. The Commission shall review each plat application and shall recommend approval, approval with conditions, or disapproval of the plat. The City Council shall approve, approve with conditions, or disapprove a plat application, after considering the Commission's recommendation on the application. Council action on the plat shall require a simple majority vote of the Council members present unless otherwise provided under state law. 5. An applicant may submit a written request to extend the thirty (30) day approval requirement specified in Section 212.009 of the Texas Local Government Code, if applicable. If the applicant requests an extension, such request must be received by the applicable municipal authority on or before the eleventh (11th) calendar day before the municipal authority's meeting at which action on the application would have to be taken based on the statutory deadline to act. Extension requests that are not received by that date shall not be considered properly submitted, and action shall be taken on the application at such meeting as scheduled. Requests for extension not submitted in writing shall be ineffective. Submission of a request for an extension, and acceptance of the request by the municipal authority, shall not be deemed in any way a waiver of any requirement set forth in this Ordinance. F. Simultaneous Submission of Plats. In the event that an applicant submits preliminary plat and final plat applications simultaneously, as provided in Section 2.4 (C), the City Planner shall schedule both plat applications for action by the Commission. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission,then the Commission shall deny the final plat if the final plat application is not withdrawn by the applicant. Failure to obtain approval of the preliminary plat shall be grounds for denial of the final plat. The City Council shall take action on either one or both plat applications, as applicable, in accordance with the procedures set forth in Section 2 of this Ordinance. G. Proof of Land Ownership. The City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification, such as a notarized statement or a power of attorney or other evidence satisfactory to the City Planner, that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's authorized agent. The City Planner shall have the authority to determine what document(s)the City will require to prove ownership, such as one of the following: 1. General warranty deed; 2. Special warranty deed; 3. Title policy; or 4. Some other documentation that is acceptable to the City Planner. If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, the City shall have the authority to deny the application on the basis of protecting the public interest in that the applicant has not 5 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 established that he or she has the lawful authority to request such development approval for the subject property. The applicant may resubmit a new development application, including the submission fees, for the property at any time following such denial. H. Lapse of Plat or Plan Approval. The approval of any concept plan or preliminary plat as required by the Ordinance, shall be effective for a period of one hundred and eighty-three (183) calendar days after the date that the plat was approved by the Commission or Council, except as otherwise provided herein. By 12:01 a.m. on the 184th day following Council approval of the plat, the applicant must have submitted an application for the next consecutive step in the platting process. If this is not accomplished, then the approved plan or plat shall be deemed to have expired and shall become null and void. The approval of a final plat and the City Engineer's approval of engineering plans for proposed public improvements shall be effective for a period of one hundred and eighty- three (183) days after the date that the plat or plans were approved by the Commission and Council, respectively. If the required fees are not paid and the applicable site construction not commenced within this time period,the final plat shall expire and become null and void, unless such time period is extended or reinstated by the City Planner. Following the acceptance of all improvements, the final plat shall be filed at the appropriate County of Record at the applicant's earliest convenience. A filed final plat is valid in perpetuity,unless vacated or amended. Failure to file a final plat with the County in a timely manner may result in the withholding of connection of City utilities. I. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat or plan, the property owner may petition the City to extend the plat or plan approval. Such petition shall be considered by the City Council, and an extension may be granted by Council for a specific period of time. If no petition for extension of plat or plan approval is submitted by the property owner prior to the expiration date, then the plat or plan shall be deemed to have expired and shall become null and void. The property owner must thereafter submit a new plat or plan application for approval, and shall conform to the subdivision regulations then in effect. The City Council may extend the approval subject to additional conditions based upon newly enacted City regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Council may also specify a shorter time for extension of the plat or plan than the original 183-day approval period. J. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid for a period of one hundred eighty-three (183) calendar days following approval by the City Engineer. The City Council may, upon written request by the applicant, grant an extension of up to an additional 183 calendar days, after which the engineering plans shall be subject to re-approval by the City Engineer if no construction has occurred. Section 2.3: RESERVED Section 2.4: Procedures and Submission Requirements for Preliminary Plat Approval 6 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 A. Following approval of zoning and the concept plan, if required and in accordance with procedures outlined in the Zoning Ordinance,the applicant shall have prepared a preliminary plat together with preliminary engineering plans for the construction of the subdivision and all associated public improvements and other supplementary materials, as required by this Ordinance or other applicable regulations or laws. C. The applicant may request to submit a final plat for review concurrently with the preliminary plat. In such case, the City may, or may not schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full engineering plans and the appropriate assurances for the completion of all improvements, as per Section 6, and provided that adequate review can be achieved by the City and Commission. D. Approval of a preliminary plat by the City Council shall constitute general approval of the street and lot layout shown on the preliminary plat and to the preparation and filing of the final plat application. Required approvals for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the City Engineer's approval of the engineering plans; preliminary plat approval shall not constitute approval of the same. E. Standards for Approval. No preliminary plat shall be recommended for approval by the Commission or approved by the City Council unless the following standards have been met: 1. The plat substantially conforms with the approved concept plan, or other studies and plans approved by the City, as applicable; 2. The layouts and preliminary engineering plans for required public improvements and City utilities have been submitted by the applicant for review by the City Engineer. Whether specifically stated or not,preliminary plat approval shall always be subject to the condition that any additions or alterations to the engineering plans as deemed necessary by the City Engineer, to ensure the safe, efficient and proper construction of public improvements within the subdivision shall be adequately addressed on the final plat for the property subject to the preliminary plat. 3. The plat is consistent with all zoning requirements for the property and with any approved improvement agreement under Section 6, if applicable; 4. The proposed provision and configuration of public improvements, including but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, habitat restoration,easements and rights-of-way are adequate to serve the development, meet applicable standards of this Subdivision Ordinance, and conform to the City's adopted master plans for those facilities; 5. The plat meets all applicable County standards to be applied under an interlocal agreement between the City and the County under Texas Local Government Code, Chapter 242,where the proposed development is located in whole or in part in the ETJ of the City and in the applicable County; 6. The plat has been duly reviewed by City staff; 7 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 7. The plat conforms to design requirements and construction standards as set forth in the City's engineering standards, Design Manuals and Standard Construction Details; 8. The plat is consistent with the Comprehensive Plan, except where application of the Plan may conflict with State law (e.g., land use in the extraterritorial jurisdiction of the City); and 9. The proposed development represented on the plat does not endanger public health, safety or welfare. F. As part of the preliminary plat application, the applicant shall provide copies of letters from applicable local utility companies stating that each utility company has reviewed the proposed preliminary plat and stating any requirements,including easements,they may have. This requirement may be deferred until the final plat with the written consent of the City Engineer. G. Information Required on or to be Provided with Preliminary Plat. The proposed preliminary plat and associated engineering plans shall show the following information 1. A vicinity, or location, map that shows the location of the proposed preliminary plat within the City(or within its ETJ) and in relationship to existing roadways; 2. Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances related to State Plane Coordinates and sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract or survey corner or existing subdivision corner shall be shown; 3. The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record, and the recording information; 4. The location, widths and names of all streets, alleys and easements (it shall be the applicant's responsibility to coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways), existing or proposed,within the subdivision limits and adjacent to the subdivision; a list of proposed street names shall be submitted (in the form of a letter or memo along with the application form) for all new street names (street name approval is required at the time the preliminary plat is approved); 8 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 5. The location of all existing property lines, existing lot and block numbers and date recorded, easements of record (with recording information), buildings, existing sewer or water mains, gas mains or other underground structures, or other existing features within the area proposed for subdivision; 6. Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same; for nonresidential uses, the location and size of buildings (this information may be provided on a separate sheet, such as on a voluntary concept plan or preliminary site plan; see the Zoning Ordinance); 7. A title block within the lower right hand corner of the plat (and engineering plans) which shows the title or name under which the proposed subdivision is to be recorded, the name and address of the property owner and the name of the land planner, licensed engineer or registered public surveyor who prepared the plat or plans, the date the plat was prepared, and the location of the property according to the abstract or survey records of appropriate County of Record, Texas; the subdivision name shall not duplicate(or phonetically replicate)the name of any other platted subdivision in Wylie or its ETJ,but phasing identification is allowed(it is the property owner's responsibility to check the plat records of appropriate County of Record to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence -- the City may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public); 8. Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other public uses or for private facilities or amenities; 9. Scale, date, north arrow oriented to the top or left side of the sheet, and other pertinent informational data; 10. Contours with intervals of two feet (2') or less shown for the area, with all elevations on the contour map referenced to sea level datum; 11. Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows; 12. All physical features of the property to be subdivided, including the location and size of all water courses, 100-year flood plain according to Federal Emergency Management Agency (FEMA) information, Corps of Engineers flowage easement requirements, ravines, bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of major wooded areas or the location of major trees, six (6) inches and larger when measured 4 %2 feet above ground level, and other features pertinent to subdivision; 13. Preliminary engineering plans of water and sewer lines and other infrastructure (including sizes) to be constructed in the subdivision; the proposed connections to distribution mains shall be indicated; 14. Proposed phasing of the development; where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development; the dedication of rights-of-way for streets and 9 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 street improvements,whether on-site or off-site,intended to serve each proposed phase of the subdivision; the City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or for such phases as the City Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares; 15. All preliminary plats shall be submitted in a legible format that complies with appropriate County of Record requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper; 16. Proposed or existing zoning of the subject property and all adjacent properties, as well as a tabulation of site development information and the intended manner of compliance with the Design Standards of the Zoning Ordinance including the required points for optional standards. 17. Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a flood plain or within an area that may be susceptible to flooding; H. Preliminary Engineering Plans. Along with the preliminary plat application, the applicant shall submit complete preliminary engineering plans for streets, alleys, storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required public improvements for the area covered by the preliminary plat. The preliminary engineering plans shall also contain any plans deemed necessary to show or document compliance with the City's ordinances pertaining to nonpoint source pollution control, on-site sewage facility rules, and any other applicable codes and ordinances of the City that are related to development of a land parcel. For the purposes of this Ordinance, complete sets of engineering plans shall include the following plans or sheets (generally in this order), as well as any additional plans or sheets deemed necessary and requested by the City Engineer: -- Cover or title sheet -- Preliminary plat -- Existing conditions plan, which shows existing topography, vegetation, tree inventory, existing natural and man-made physical features, etc. -- Existing tree survey and Tree Management Plan -- Grading, erosion control, and water quality control plans -- Paving and storm drainage plans -- Utility plans for water, sanitary sewer, etc. -- Traffic control plans (if necessary) -- Screening and retaining wall plans -- Landscaping and irrigation plans The applicant shall have these plans prepared by the applicant's own professional engineer(s), subject to approval of the plans by the City Engineer. The City Engineer shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them "Approved" and shall return one set to the applicant. If not approved, one set shall be marked with the objections noted and returned to the applicant for correction,whereupon the 10 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 applicant's engineer shall correct the plans as requested and shall resubmit them back to the City Engineer for re-review. Engineering plans shall be prepared by or under the direct supervision of a professional engineer licensed in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the City's Design Manuals and Standard Construction Details. All engineering plans submitted for City review shall be dated and shall bear the responsible engineer's registration number, his or her designation of "professional engineer" or "P.E.", and the engineer's seal. The City Engineer shall approve engineering plans when such plans meet all of the requirements of this Ordinance and the Design Manuals and Standard Construction Details. Engineering plans shall be in conformance with the Design Manuals and Standard Construction Details and with the requirements set forth herein. Engineering plans showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and irrigation plans (if appropriate), and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet (1" = 40' or 50') horizontally and one inch equals 4, 5, or 10 feet (1" = 4', 5'or 10')vertically shall be submitted to the City Engineer(or designee)along with a copy of the preliminary plat of the subdivision. The number of copies as specified by the City shall be submitted along with the preliminary plat submittal. As part of the engineering plans,a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. I. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions to the preliminary plat may be needed before the final plat can be filed at the County of Record. Minor revisions such as the slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the final plat without the necessity of submitting a new or amended preliminary plat application. Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property,and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate the filing of a new preliminary plat application. The procedures applicable to such applications shall be the same as for a preliminary plat, and such re-approval may constitute a new project thus necessitating submission of a new application form, payment of new fees, and other requirements. 11 City of Wylie, Texas Subdivision Ordinance Adopted 2-25-03, Amended 7-24-07, 9-10-19 Wylie City Council AGENDA REPORT Meeting Date: September 10, 2019 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 28, 2019 Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural(AG/30)to Single Family-10/24 (SF-10/24),to allow for 49 single family lots on 16.481 acres,located on E. Stone Road approximately 1500' south of E. Brown Street. ZC 2019-10 Recommendation Motion to approve Ordinance No. 2019-22 to change the zoning from Agricultural(AG/30)to Single Family-10/24(SF- 10/24), to allow for 49 single family lots on 16.481 acres, located on E. Stone Road approximately 1500' south of E. Brown Street. ZC 2019-10 Discussion Owner: CJG Development Group,LLC Applicant: Engineering Concepts,LLC Zoning Case 2019-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows for the rezoning of 16.481 acres located on E. Stone Road approximately 1500' south of E. Brown Street from AG/30 (Agricultural) to Single Family-10/24 (SF-10/24), to allow for 49 single family lots. Exhibit A (Legal Descriptions), Exhibit B (Zoning Exhibit), and Exhibit C (Development Agreement) are included and made a part of this Ordinance. 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. Page 1 of 1. ORDINANCE NO. 2019-22 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2019-10, FROM AGRICULTURAL (AG/30) SINGLE FAMILY 10/24 (SF-10/24) TO ALLOW FOR RESIDENTIAL DEVELOPMENT WITH A DEVELOPMENT AGREEMENT; 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 Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family 10/24(SF-10/24), said property being described in Exhibit A (Legal Description) hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and executed Development Agreement are an integral component of the development of the property and are attached as Exhibits B and C, respectively. SECTION 3: 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 4: 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 5: 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 6: 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 Ordinance No. 2019-22 Amending the Comprehensive Zoning Ordinance of the City of Wylie,to change the zoning on,zoning case number 2019-10,from agricultural(ag/30)single family 10/24(sf-10/24) 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 7: 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 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 18,2019, in the Wylie News Ordinance No. 2019-22 Amending the Comprehensive Zoning Ordinance of the City of Wylie,to change the zoning on,zoning case number 2019-10,from agricultural(ag/30)single family 10/24(sf-10/24) LEGAL DESCRIPTION 11.000 ACRES Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas,being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685, Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road and along the North line of said John Willis Kreymer tract,passing the Northwest corner of said John Willis Kreymer tract, same being the Northeast corner of a tract of land conveyed to Crosscountry Villas, LLC by deed recorded in Instrument No. 20110812000853240 of the Deed Records of Collin County, Texas and continuing for a total distance of 826.17 feet to a point for corner, said point being the Southeast corner and POINT OF BEGINNING of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, continuing along the North line of said Crosscountry Villas, LLC tract, a distance of 512.87 feet to a point for corner, from which a found 1/2 inch iron bears North 00 degrees 11 minutes 37 seconds East a distance of 2.30 feet, said point being the Southeast corner of a tract of land conveyed to Garner Koch by deed recorded in Volume 5733, Page 2432 of the Deed Records of Collin County, Texas, same being the Southwest corner of herein described tract; Thence North 00 degrees 11 minutes 37 seconds East, along the East line of said Koch tract, a distance of 534.31 feet to a ''A inch iron rod found for corner, said point being the Southwest corner of a tract of land conveyed to Farmers Electric Cooperative Company, Inc. by deed recorded in File No. 97-0011472 of the Deed Records of Collin County, Texas, same being the Northwest corner of herein described tract; Thence South 76 degrees 12 minutes 35 seconds East, along a South line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 418.93 feet to a 1/2 inch iron rod found for corner; Thence North 13 degrees 57 minutes 23 seconds East, continuing along an interior Southeasterly line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 235.03 feet to a 1/2 inch iron rod found for corner; Thence South 76 degrees 12 minutes 14 seconds East, continuing along a South line of said Fauiiers Electric Cooperative Company, Inc. tract,passing at a distance of 869.87 feet a 1/2 inch iron rod set with yellow cap stamped "TXHS" and continuing along a total distance of 900.76 feet to a point for corner in the approximate centerline of said E. Stone Road, said point being Southeast corner of said Farmers Electric Cooperative Company, Inc. tract, same being the Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 109.96 feet to a point for corner, said point being the most easterly Southeast corner of herein described tract; THENCE North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road,passing at a distance of 30.01 feet, a 1/2 inch iron set with yellow cap stamped "TXHS" and continuing along a total distance of 476.85 feet to a 1/2 inch iron set for corner with yellow cap stamped"TXHS", said point being an interior ell corner; THENCE South 02 Degrees 35 minutes 18 seconds East, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 89 degrees 44 minutes 58 seconds West, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 00 degrees 11 minutes 37 seconds West, a distance of 215.65 feet to the POINT OF BEGINNING and containing 479,158 square feet or 11.00 acres of land. LEGAL DESCRIPTION 5.481 ACRES Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas,being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685,Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; THENCE North 00 degrees 11 minutes 37 seconds East, a distance of 215.65 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 44 minutes 58 seconds East, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 02 Degrees 35 minutes 18 seconds West, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 45 minutes 00 seconds East, a distance of 476.85 feet to a point for corner, said point being the most easterly Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 343.62 feet to the POINT OF BEGINNING and containing 238,774 square feet or 5.481 acres of land. 16.481 ACRES ,«» v , r v r,=�_ rx r>« cr^ �7 I <» 4 SINGLE FAMILY LOTS 0 w fillial� lIIIIpII» 9S G 0 S "r� »_ g r, _ f - _ 80 x125 Typ. 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ZC 2019-12 Recommendation Motion to approve Ordinance No. 2019-23 amending Ordinance No. 2001-48 Zoning Ordinance Article 6, Section 6.1 Planned Development Districts and Ordinance No. 2008-27 Zoning Ordinance Article 8, Section 8.1 Zoning Related Applications. ZC 2019-12 Discussion The attached Ordinance contains text amendments to Article 6 Section 6.1 and Article 8 Section 8.1 of the Zoning Ordinance that update application requirements, eliminates language that contradicts the statute, updates Commission and Council required actions, eliminates repetitive language, and clarifies the needed engineering at application. Further discussions between Staff and the City Attorney resulted in the final Ordinance herein containing minor differences from the item presented to City Council on August 27, 2019 in that: - Section 6.1.B.1 clarifies that a zoning exhibit is required for a zoning case but is not a `plat' nor `plan' for the purposes of Chapter 212 of the Local Government Code. - For Section 6.1,the phrase `concept plan' is changed to `zoning exhibit' throughout for clarity. - Section 6.1.0 eliminates the requirement for a concept plan at predevelopment and for the City Planner to provide a formal pre-development response. - Section 6.1.E. changes wording to reflect practice of Ordinance adoption at the Council meeting following PD approval. - Section 8.1.A.1 eliminates the requirement for a concept plan at predevelopment,for the City Planner to provide a formal pre-development response, and defines the terms of the pre-development conference. - Section 8.1.A.1.c clarifies submittal dates. - For Section 8.1. the phrase `concept plan' is changed to `zoning exhibit' throughout for clarity. - Section 8.1.C.l.b removes language that is redundant with Section 6.1. - Section 8.1.C.5.a(3)is removed due to possible conflicts with HB3167. Page 1 of 1 ORDINANCE NO. 2019-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 2001- 48 AND 2008-27 OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS AMENDED), ARTICLES 6, SECTION 6.1, AND ARTICLE 8, SECTION 8.1; MODIFYING CERTAIN REGULATIONS RELATING TO THE DEVELOPMENT REVIEW PROCESS IN THE CITY OF WYLIE TO ADDRESS CHANGES IMPOSED BY HOUSE BILL 3167; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie")to amend Article 6, Section 6.1, and Article 8, Section 8.1, of Ordinance Nos. 2001- 48 and 2008-27, the Zoning Ordinance, as amended, to modify regulations relating to the development review process; and WHEREAS, the City Council finds that this Ordinance contains textual amendments to the Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to individual property owners is not legally required; and WHEREAS, the City Council finds that all legal notices required for amending the Zoning Ordinance have been given in the manner and form set forth by law,public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the health, safety,morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 6, Section 6.1, and Article 8, Section 8.1 of Wylie's Zoning Ordinance, Ordinance Nos. 2001-48 and 2008-27, are hereby amended as set forth in Exhibits A and B respectively, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced Ordinance No. 2019-23 Amending Ordinance Nos.2001-48 and 2008-27 of the City of Wylie(The Zoning Ordinance, As Amended),Articles 6, Section 6.1,And Article 8, Section 8.1 for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person,firm,corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance, Ordinance Nos. 2001-48 and 2008-27, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 18, 2019, in the Wylie News Ordinance No. 2019-23 Amending Ordinance Nos.2001-48 and 2008-27 of the City of Wylie(The Zoning Ordinance, As Amended),Articles 6, Section 6.1,And Article 8, Section 8.1 s ZONING ORDINANCE ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS SECTION 6.1 PLANNED DEVELOPMENT DISTRICT(PD) A. Purpose There exists in the City,tracts where the zoning regulations contained in the districts in Article 3 Residential District Standards and Article 4 Nonresidential District Standards may not provide for the development of innovative projects desired by property owners and envisioned by the City's Comprehensive Plan. To allow for innovative development projects in a way that can assist in the implementation of the Comprehensive Plan and other development goals and objectives, a Planned Development (PD) District is provided as a special district that may be used in these instances to provide a general benefit to the City as a whole. B. General Provisions 1. Separate Ordinance. Each Planned Development District shall be established by a separate ordinance. An approved zoning exhibit for the entire property shall be part of the ordinance establishing a PD District. All zoning exhibits and other documents required to be submitted under this section or submitted in connection with a planned development application shall in no way vest rights for the property that are outside the regulations of the Zoning Ordinance and other applicable City ordinances, as they currently exist or may be amended. No such documents shall be considered"plans" or"plats" as those tei ins are defined under Chapter 212 of the Texas Local Government Code,nor shall they be subject to the regulations set forth therein. 2. Minimum Area Requirement a. Non-residential Uses.No minimum area required. b. Residential Uses. Residential PD Districts shall be a minimum of 5 acres. However, the Commission may waive this minimum area requirement when necessary to promote innovative development, meet the goals of the Comprehensive Plan, or address parcels with topographic or other site-related constraints. 3. Site Plan Required.Within established PD Districts,site plans shall be required. Site plans may be developed for individual properties, tracts, phases, or subareas within the PD district. In reviewing and approving site plans, the Commission shall use the approved zoning exhibit, zoning regulations and performance criteria and standards contained in the PD district ordinance adopted by the Council. No site plan may be approved that is not consistent with the approved zoning exhibit and PD ordinance for the property. 4. Permitted Uses.A PD District may contain any use or combination of uses listed in Article 5. The uses permitted in a PD shall be listed in the ordinance establishing the district. If a use is desired that is not currently a listed use in Article 5, a new use may be classified, within the PD ordinance, by following the procedures in Section 5.6 New and Unlisted Uses. 5. Development Standards. The zoning exhibit and ordinance establishing a PD shall specify such regulations as deemed necessary to achieve the goals and objectives of the PD, including but not limited to regulations governing heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks. s ZONING ORDINANCE 6. Standards Not Specified. The remaining regulations in this ordinance control unless they are expressly altered by the PD ordinance in accordance with this section. 7. Additional Regulations. The PD ordinance may contain any additional regulations, special exceptions, or procedures considered necessary to achieve the innovative aspects of the project, or to minimize potential adverse impacts that could result from the creation of the district. C. Initiation of a PD 1. A PD district shall be initiated by application of all property owners within the area of request. The applicant shall comply with the zoning amendment procedures for a change in zoning district classification, except as expressly amended in this section. 2. A pre-application conference is required prior to the formal submittal of an application for a PD district. The applicant shall request and attend a pre-application conference with the City Planner and other appropriate City Officials prior to formal application. 3. At the pre-application conference,the applicant may provide a proposed zoning exhibt that includes, but is not limited to, the following information: proposed land uses, density, approximate gross square footage of nonresidential uses,number of dwelling units by type, access, projected height, topography, significant environmental features, and a statement of the innovative aspects of the proposed development that requires the creation of the PD District. 4. Based on the information provided by the applicant, the City Planner shall: a. Provide initial comments concerning the merits of the proposed development; b. State what information shall be provided in the zoning exhibit for a complete review of the proposed development; and c. Provide any other information necessary to aid the applicant in the preparation of the complete PD application. 5. Application for a PD shall be made to the City Planner on a form furnished by the City. Applications are only accepted on the submittal dates shown on the official submittal calendar established and maintained by the City Planner and published on the City website. A complete application shall contain all of the following: a. The application fee. b. The name, address, telephone number, and signature of the applicant. If the applicant is not the owner of the lot,the applicant shall submit a letter from the owner authorizing the applicant to act on the owner's behalf. c. The name, address, telephone number of the owner of the property. If there is more than one owner, the names and addresses of all owners shall be provided. d. The name, address, telephone number of the land planner or engineer responsible for the preparation of the zoning exhibit, if any. e. The street address, if any, and complete legal description of the property. f. A zoning exhibit including any proposed phasing. 6. The zoning exhibit submitted under this section shall: a. Be in a format determined by the City Planner, showing sufficient detail, but general enough to be legible. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS s ZONING ORDINANCE b. Have a scale of one inch equals 100 feet or larger(e.g., one inch equals 50 feet, or one inch equals 40 feet, etc) and be formatted for a size of 24 inches by 36 inches. In the event a single sheet is not practicable, multiple sheets may be used if, on each sheet: (1) Match lines are indicated; and (2) A composite drawing is provided that shows the entire proposed development, location of the match lines, sheet numbers, and the location of the sheet within the proposed development by the shading in of the appropriate area on the composite. c. Include a location diagram showing the property in relation to surrounding streets. d. Contain title block and reference information pertaining to the property and plan, including the name of the project, the names of persons responsible for preparing the plan, the scale of the plan, both graphic and numeric, and the date of submission with provisions for dating revisions. e. Show the dimensions of the property and indicate its area in both square feet and acres. f. Contain in written and tabulated form, proposed uses within the PD, heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks. If necessary this information should be broken down for each use proposed on the site. g. Show any other proposed changes to development regulations contained in this chapter. 7. To the extent possible, the zoning exhibit should also: a. Show or describe the building envelope for each existing and proposed building on the lot. b. Show the location and dimensions of all existing streets, alleys, easements for utilities, streets, and other purposes, floodplains as defined by the Federal Emergency Management Administration(FEMA), and/or other official drainage information. c. Show all areas proposed for dedication or reservation. d. Show setback lines and building lines for each existing and proposed building on the lot. e. Show all existing and proposed points of ingress and egress to the property, and for those tracts adjacent to an arterial thoroughfare, indicate estimated peak hour turning movements to and from existing and proposed public and private streets and alleys. f. Show all existing and proposed median cuts and driveway locations within 250 feet of the property. g. Show all existing and proposed off-street parking and loading areas, indicating the general dimensions of parking bays, aisles, and driveways, and the number of cars to be accommodated in each row of parking spaces. h. Show all existing and proposed provisions for pedestrian circulation on the lot including sidewalks, walkways, crosswalks, and pedestrian plazas. i. Show the location and indicate the type of any special traffic regulation facilities proposed or required. j. Show the existing and proposed topography of the property using contours of two feet or less. Existing contours should be shown with dashed lines and proposed contours should be shown with solid lines. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS s ZONING ORDINANCE k. Show the location and indicate the type of any existing or proposed mechanical or electronic equipment capable of producing noise that crosses the property line. 1. Show any other reasonable and pertinent information that would assist the City Planner in determining the appropriateness of the PD. D. Commission Review and Action 1. Once a complete application for a PD has been received and reviewed, the City Planner shall schedule a public hearing before the Commission to receive public comment regarding the plan. Scheduling and notification of the public hearing shall be as any other change in zoning classification as may be required by State law and Section 8.1 of this Ordinance. 2. After the public hearing, the Commission shall make a recommendation of approval, approval with conditions, or denial, regarding the PD application and forward it to the Council for approval, approval with conditions, or denial. 3. The City Planner shall prepare a PD district ordinance based on the Commission recommendation on the applicant's zoning exhibit. The ordinance shall contain regulations governing permitted uses, heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks, and may further contain any additional regulations, special exceptions, or procedures that the Commission considers necessary to achieve the innovative aspects of the zoning exhibit, or to minimize potential adverse impacts which could result from the creation of the district. The zoning exhibit and development conditions shall be attached and made a part of the PD ordinance. E. Council Review and Action 1. After a recommendation by the Commission, the Council shall hold a public hearing to allow all interested parties to present their views regarding the proposed PD district ordinance. Notice of this public hearing shall be given in the same manner as a public hearing for a change in zoning district classification. 2. Following preparation of the ordinance by the City Attorney and adoption of the PD district ordinance by the Council, the City Planner shall amend the official zoning map to reflect the change of zoning district classification on the property. The PD ordinance and the zoning exhibit shall be used in the review and approval of all development related permits for the property governed by the PD. F. Amendments to the Zoning Exhibit 1. An amendment to the zoning exhibit and development conditions is a change in zoning district classification and shall follow the same procedures set out in this section, except the City Planner may authorize minor changes in the zoning exhibit and conditions that do not: a. Alter the basic relationship of the proposed development to adjacent property; b. Change the uses permitted; c. Increase the maximum density, floor area ratio, or height; d. Decrease the amount of required off-street parking; or e. Reduce the minimum yards required at the boundary of the site. 2. The applicant shall submit a revised zoning exhibit and development conditions that reflects the requested changes. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS s CI ZONING ORDINANCE 3. An applicant may appeal any decision of the City Planner to the Commission. 01) 411 Milt ZONING ORDINANCE ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES SECTION 8.1 ZONING AND SITE-RELATED APPLICATIONS A. General 1. Filing of an Application a. Pre-application Conference (1) An applicant for a change in zoning or site plan approval is encouraged to request and attend a pre-application conference with the City Planner and other appropriate City officials prior to foiiiial application. (2) No applications may be submitted to or accepted for filing during the pre- application conference. No rights derived from Chapter 245 of the Texas Local Government Code, as amended, shall accrue from a pre-application conference, pre-application process or documents offered for review in connection therewith; from an application that is rejected as incomplete or denied; or from an application that does not provide fair notice of a project. There shall be no vested rights based on a pre-application conference. (3) Based on the information presented, the City Planner will provide initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application. b. Application Requirements. No application shall be accepted or reviewed which is not complete and accompanied by the payment of fees as established in this Code or other ordinances of the City of Wylie. All applications shall be filed with the City on forms available from the City of Wylie. c. Submittal Dates. On or before September 1 of each year, the City Planner shall establish and maintain an official submittal calendar for all land development, zoning and plan applications and filings and written responses submitted under Section 212.0093 of the Texas Local Government Code for the period October 1 to September 30 of each year. The official submittal calendar shall be available at the office of the City Planner and published on the City website. The City Planner is entitled to make amendments to the official submittal calendar by publishing the amended calendar on the City website. For the purpose of these regulations, the "official filing date" of a land development, zoning or plan application or filing shall be the date on which a complete application, which contains all required elements and information mandated by the Texas Local Government Code, Chapter 212, if applicable, and by this Zoning Ordinance, is submitted to the City Planner, after which the statutory period required for approval or disapproval of the plat or plan shall commence to run, if applicable. No application shall be accepted for filing or deemed filed until the City Planner determines that the application is complete and the City issues a fee receipt. d. Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared by a registered architect, engineer, landscape architect, or certified city planner. 01) 411 Milt ZONING ORDINANCE e. Documents Required. The applicant shall submit the following documents in support of an application in order to provide for adequate review of the application: (1) Physical and/or electronic copies of all zoning exhibits, site, and landscape plans, elevations and other drawings that form the submittal, in a format determined by the City Planner which shall be listed on the official submittal application. (2) One copy of a completed application form and a legal description of all tracts involved in the application. (3) If needed, one copy of the Development Schedule, Preliminary Service plan, Draft Development Agreement and any other supporting material as may be required. 2. Posting property for zoning changes. Any person, firm or corporation requesting a change in zoning from one district classification to another district classification shall be required to place and maintain a sign or signs, provided by the Planning Department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows: a. One sign for the first three hundred(300) feet of each street frontage and one sign for each additional one thousand (1,000) feet of street frontage, shall be located within thirty (30) feet of the abutting street, or as determined by the City Planner or his/her designee. b. So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. c. So as not to create a hazard to traffic on the public rights-of-way abutting the property. d. On the subject property at least fifteen (15) days prior to the hearing of such zoning request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant.Removal of the sign by the applicant after a recommendation by the Planning and Zoning Commission shall constitute a withdrawal of the request. e. The signs, caused to be placed by the Planning Department shall be of a size,type, and message content as determined by the City Planner but shall advise the rezoning is requested and shall list the telephone number of the Department of Planning for more information. f. Upon making an application for a zoning change, the Applicant will place sign(s) provided by the Planning Department as required by this section. After the zoning change is approved in final foiui by the City Council, denied by the City Council, or withdrawn by the applicant, the Applicant shall return the sign to the Planning Department within ten(10) days of such event. g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested. h. In the event the applicant shall fail to place or maintain signs in accordance with this Section, then the public hearing(s)before either the Planning and Zoning Commission or the City Council, shall be postponed to a date in the future which would allow time for compliance. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES 01) 411 Milt ZONING ORDINANCE i. The erection of any sign required by this section shall not require a permit under the city sign ordinance. j. The owner or applicant shall promptly notify the Planning Department to replace any sign required by this ordinance which becomes stolen or vandalized and a police report must be filed. The City Planner shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of stolen or vandalized signs. k. Failure to return the sign in accordance with this Ordinance shall result in a fee of $100.00 charged to the applicant. No building permit or certificate of occupancy will be issued until all fees have been satisfied. B. Required Zoning Exhibit 1. Applicability a. Zoning Exhibits shall be required with any zoning request and shall comprise part of the zoning on the site, and changes to concept plans shall constitute a change in zoning. All zoning exhibits and other documents required to be submitted in connection with a zoning change application shall in no way vest rights for the property that are outside the regulations of the Zoning Ordinance and other applicable City ordinances, as they currently exist or may be amended. No such documents shall be considered"plans" or "plats" as those teims are defined under Chapter 212 of the Texas Local Government Code, nor shall they be subject to the regulations set forth therein. b. If,in the opinion of the City Planner, a site plan does not conform to the zoning exhibit approved by the City, the applicant shall either seek approval of a revised zoning exhibit(through re-zoning) or submit a revised site plan. 2. Purpose The purpose of a zoning exhibit is to provide the City with the information and data that is necessary to assess the merits of the development,to properly plan for services in the City, and to ensure that developments are consistent with the comprehensive plan, thoroughfare plan and open space plan. 3. Zoning Exhibit Content a. General.All zoning exhibits must include the date, appropriate engineering scale,north arrow, vicinity map, and the names, addresses and telephone numbers of both the property owner and the individuals preparing the zoning exhibits. b. Site Features. The site analysis shall be prepared which describes existing natural features such as contours at not less than two foot intervals, trees over 6" in caliper, drainage ways, other water features, and physical improvements by including the following items: (1) A metes and bounds description of the overall tract. (2) Conceptual representation of proposed use(s) and generalized representation of proposed improvements. (3) Identification of all areas to be dedicated to the City or to have public easements, such as roadways, utilities, open space and drainage areas. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES 01) 411 Milt ZONING ORDINANCE (4) General indication of how the proposed development will be able to achieve the desirable requirements for applicable design standards required in this ordinance. (5) Location of all proposed screening between the site and adjacent property. (6) Indication of each phase of development if separate phases are proposed. (7) The location of collector roadways proposed in the development, right-of-way widths,and the location of collector access points to abutting streets and highways. 4. Other Materials Other material that may be submitted in support of the application: a. Draft development agreement and any covenants, conditions, restrictions and agreements which govern the construction, use, maintenance and operation of roadways,parks, open space, drainage areas and facilities. b. A preliminary geo-technical report that addresses soil, subsurface and slope conditions that may affect development. c. Traffic study showing the project's impact on roadway and intersection capacity. d. A development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the Commission, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest. C. Required Site Plan 1. Applicability a. Site plans are required for all developments except developments containing only single family lots. Site plans shall be accompanied by a proposed development schedule. No development may occur, or building petmilit be approved on a site which does not conform to the approved site plan. b. Site plans shall be approved by the Commission, and shall be considered part of the development requirements for that site. 2. Purpose The purpose of a site plan is to ensure that all provisions of the zoning ordinance of the City are adhered to; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule. 3. General a. No construction or development within a district that requires a site plan may commence, and no building permit may be issued unless the Commission has approved a site plan. b. Where a zoning exhibit has been approved as part of the zoning, all site plans must be in conformity with that approved zoning exhibit. c. Public notification is not required for consideration of a site plan or an amendment thereto,beyond posting as an agenda item for the Commission. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES 01) 411 Milt ZONING ORDINANCE d. Site plans are required to demonstrate the manner in which the development will achieve the desirable requirements for design standards required in this ordinance. The review of the design standards required in this ordinance is subject to the following: (1) The manner in which the plan achieves the desirables are at the discretion of the developer. (2) The Staff and Commission may suggest alternative ways to achieve the required desirables,but may not deny a site plan application solely on the basis of how the desirables are achieved. (3) The Staff and Commission shall determine that the required desirables have been achieved with the site plan. 4. Site Plan Content a. General Information Required (1) North Arrow; (2) Total site acreage; (3) Submission date; (4) Scale (written and graphic); (5) Vicinity map; (6) Names, addresses and telephone numbers of designer, engineer, developer and owner; (7) Accurate survey of the boundaries of the site with the location of proposed land uses; (8) Adjacent subdivision names and property lines; and (9) Adjacent land uses and structures. b. Structures (1) Location,dimensions and use of all existing facilities and proposed building sites; (2) Setback and separation distances between building sites; (3) Proposed construction type and facade materials for all non-residential buildings (the Commission may require elevations and perspective drawings); (4) Proposed density of each use; (5) Proposed location of screening along the collector roadways shown on the thoroughfare plan. c. Streets and Sidewalks (1) Location and width of all rights-of-way and easements; (2) Location and dimensions of all pavement and curbing; (3) Location and width of all sidewalks; (4) Location and width of all ingress/egress points; (5) Location and width of all medians and median breaks; and (6) Location of any special traffic regulation facilities. d. Off-Street Parking and Loading Areas ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES 01) 411 Milt ZONING ORDINANCE (1) Number, location and dimension of spaces; (2) Type of surface material of parking facility; (3) Dimension of aisles, driveways, maneuvering areas and curb return radii; (4) Distance between spaces and adjacent rights-of-way; (5) Location of all existing and proposed fire lanes and hydrants; and (6) Proposed lighting plan. e. Landscaping (1) Location and size of major tree groupings and existing hardwood trees greater than 6" caliper, noting whether they are to be removed or retained; (2) Location and size of proposed plant materials, including paving; (3) Number and type of each landscape element; (4) Height and type of all fencing or buffering; (5) Height of all planters, sculptures and decorative screens; (6) Location and type of trash receptacle screening; (7) Location and type of lighting for streets, signage and parking areas; and (8) Location of visibility triangles where required. f. Geo-technical (1) Geo-technical report on soils, subsurface and drainage that demonstrates conformity with the City's objectives; (2) Direction of water flow; (3) Quantity of on and off-site water generation; (4) Topographic contours at a minimum of 5 foot intervals; (5) Points of concentrated water discharge; and (6) Areas where special design and construction may be necessary due to slope or soil conditions. g. Preliminary Service Plan (1) A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area. (2) The proposed method of providing water and sewer utilities. h. Tabulation of Desirables Requirements for Design Review (1) Each site plan submission shall present, in tabular form, the manner in which the applicant feels that the site plan meets required desirables for Design Standards specified in this ordinance. (2) Tabulations shall cross reference drawings or details on drawings to facilitate review. (3) The City Planner, or his/her designee, will review and certify that the required desirables have been achieved. 5. Site Plan Review and Approval a. Review of Site Plans ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES 01) 411 Milt ZONING ORDINANCE (1) Site plans shall be reviewed by the Commission. Based upon its review, the Commission may approve, conditionally approve, or deny approval of the site plan based on evaluation of the site plan details with respect to criteria in this subsection. (2) In cases where site plan approval included provisions which must be approved by the Council, Commission approval of the site plan shall be referred to the Council for this action. b. Any denial must be followed with a statement of reasons for denial citing specific sections of all ordinances or codes. If the applicant submits a revised plan addressing the stated reasons,the site plan must be approved by the Commission or Council within 15 days of receipt of revisions, or the Commission or Council can deny stating any conditions not yet met. c. Review Criteria Site plans may have additional conditions and stipulations placed on them by the Commission. In approving, conditionally approving, or denying a site plan under this Article, the following criteria shall be considered: (1) The extent to which the site plan fulfills the goals, objectives and standards in the City's Comprehensive Plan, Thoroughfare Plan, and other City policies and ordinances. (2) The fact that the site plan achieves the desirables to satisfy design standards required in this ordinance. (3) Safety of the motoring and pedestrian public using the facility and area surrounding the site. (4) Safety from fire hazards and measures of fire control. (5) Protection from flooding and water damage. (6) Noise and lighting glare effects on adjacent neighbors. (7) Relations of signs to traffic control and their effect on adjacent properties. (8) Adequacy of streets to accommodate the traffic generation of the proposed development. (9) Adequacy of off-street parking and loading facilities for the uses specified. (10) Landscaping and screening provisions appropriately designed. (11) Sitting structures and other improvements relative to required setbacks, height limitations, and other density and dimensional requirements. (12) The environmental impact of the proposed development on the natural resources on site and on surrounding properties and neighborhoods. (13) Such other measures as might secure and protect the public health, safety, morals and general welfare. d. Effect of Site Plan Approval (1) If development of a lot with an approved site plan has not commenced within two years (in accordance with Local Government Code 245.005) of the date of final approval of the site plan, the site plan shall be deemed to have expired, and a ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES 01) 411 Milt ZONING ORDINANCE review and re-approval of the approved site plan by the Commission shall be required before a building permit may be issued. (2) Extensions of the approval of the site plan may be granted by the Commission for a six month period, if: (a) There has been no related change in the City's development requirements since the last approval. (b) There has been no change in the area surrounding the site since the last approval. and, (c) There is no change in the site plan as originally approved. (3) There is no limit to the number of extensions a property owner may request. (4) If any of the above conditions are not met, the site plan shall require review and re-approval. (5) The review and approval shall be undertaken under the same procedures as a new submission and shall consider all changes to applicable ordinances and other conditions which have occurred subsequent to the prior approval of the site plan. D. Processing Amendments to Approved Applications 1. Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall submit a summary of all elements that are proposed to be changed along with the revised plans and application. 2. Notwithstanding the above, the City Planner may approve minor modifications in an approved site plan or PD site plan administratively,provided that they do not: a. Alter the basic relationship of proposed development to adjacent property; b. Change the uses permitted; c. Increase the maximum density, floor area, or height; d. Decrease the amount of off-street parking,unless parking remains sufficient in number and conforms to ordinance requirements; e. Reduce the minimum yards or setbacks; or f. Detrimentally change or alter the characteristics of the elevational drawings or site plan as approved, but rather allow for some flexibility in minor modification to same. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 10, 2019 Item Number: H Department: Public Works (City Secretary's Use Only) Prepared By: Wes Lawson Account Code: Date Prepared: September 3, 2019 Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2019-22(R) determining a public necessity to acquire certain properties for public use for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen. Road (from approximately McCreary Road to Country Club Road (FM 1378)); giving notice of an official determination to acquire certain properties for public use for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the rights-of-way (in fee simple), temporary construction easements and related improvements offering to acquire said property rights, voluntarily from the landowners through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. Recommendation Motion to approve Resolution No. 2019-22(R), described in the agenda item, and authorize the City Manager to acquire for public use the rights-of-way(in fee simple), temporary construction easements and related improvements on properties located in the areas described and depicted in Exhibit 1 to Resolution No. 2019-06(R) under consideration by the City Council, for the purpose of the construction, expansion, access,repair,maintenance and replacement of roadway facilities, drainage facilities and related improvements, utilizing temporary construction easements, which are necessary for the expansion and construction of McMillen Road from approximately McCreary Road to Country Club Drive (FM 1378). Discussion The design of McMillen Road from McCreary Road to Country Club Road is near completion. Approval of the Resolution authorizes the City Manager to proceed with acquiring the three outlined parcels for an amount not to exceed $220,000.00. The project is funded through the 2007 Collin County Bond Program and the City has received$750,000 for right of way acquisition. Page 1 of 1 RESOLUTION NO. 2019-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE FOR RIGHTS-OF-WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF MCMILLEN ROAD (FROM APPROXIMATELY MCCREARY ROAD TO COUNTRY CLUB ROAD (FM 1378)); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE FOR RIGHTS-OF-WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF MCMILLEN ROAD (FROM APPROXIMATELY MCCREARY ROAD TO COUNTRY CLUB ROAD (FM 1378)); AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHTS-OF-WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS, OFFERING TO ACQUIRE SAID PROPERTY RIGHTS, VOLUNTARILY, FROM THE LANDOWNERS THROUGH THE MAKING OF BONA FIDE OFFERS; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that there is a public necessity for the acquisition, by, of certain parcels of rights-of-way (in fee simple), temporary construction easements and related improvements (collectively, "ROWs and Easements") on the real property described and depicted in Exhibit 1, all of which are attached hereto and incorporated herein for all purposes (collectively, "Properties"); and WHEREAS, it is the intent of the City of Wylie, Texas ("Wylie") to acquire the necessary ROWs and Easements on the Properties for the purpose of, among other things, the construction, expansion, access, repair, maintenance and replacement of and/or improvements to public facilities; specifically, ROWs and Easements for the construction of and/or improvements to McMillen Road (between approximately McCreary Road and Country Club Road (FM 1378)) (collectively, the"Projects") for the purposes of, among other things,paving improvements; and WHEREAS, the City Council has further investigated and determined that the Projects are necessary for public use; and WHEREAS, there may be improvements located on some of the Properties acquired for these Projects and such improvements may be required to be moved prior to the beginning of these Projects; and Resolution No.2019-22(R) Authorizing the Acquisition of Property Page 1 of 4 for the McMillen Road Projects WHEREAS, the City Manager, or his designee ("City Manager"), is authorized to make a bona fide offer ("Bona Fide Offer") to acquire each of the ROWs and Easements on the Properties for public use; and WHEREAS, the City Council has investigated and determined that the passage of this Resolution complies with all applicable laws. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Acquisition of Properties. The City Council hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the ROWs and Easements on the Properties, and it is Wylie's intent to acquire the ROWs and Easements for public use as more generally depicted in Exhibit 1, attached hereto, specifically for the purposes of, among other things, the construction, expansion, access, repair, maintenance and replacement of and/or improvements of the Projects. SECTION 3: Authority of City Manager/Bona Fide Offer. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with the acquisition of the ROWs and Easements on the Properties for the purposes of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to the Projects. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the ROWs and Easements on the Properties. To this end, the City Manager shall negotiate and make Bona Fide Offers to acquire the ROWs and Easements on the Properties from the subject landowners voluntarily. SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and directed to examine and rely on the independent appraisal reports and other information to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the ROWs and Easements on the Properties for the purpose of negotiating for the acquisition of the ROWs and Easements as well as making the Bona Fide Offers. After such consideration, the City Manager shall establish and approve the amount deteliiiined to be just compensation for acquisition of said ROWs and Easements and shall have the authority to execute any and all documents necessary to complete the acquisition of the same. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the ROWs and Easements on the Properties, the City Manager is authorized to negotiate the acquisition of the ROWs and Easements and to send a written Bona Fide Offer to the each of the landowners of said Properties for the acquisition of said ROWs and Easements at the full amount determined and established to Resolution No.2019-22(R) Authorizing the Acquisition of Property Page 2 of 4 for the McMillen Road Projects be just compensation therefore, and to negotiate with said landowners on behalf of Wylie to acquire the ROWs and Easements voluntarily. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized to execute all documents necessary to acquire the ROWs and Easements on the Properties needed for the Projects, on behalf of Wylie, by purchase. The City Council hereby ratifies any documents executed, prior to the effective date of this Resolution, by the City Manager which were necessary for the acquisition of the ROWs and Easements on the Properties for the Projects. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the ROWs and Easements acquired in connection with these Projects, should they interfere with the intended use and enjoyment of said ROWs and Easements. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the ROWs and Easements on the Properties for the Projects will be appropriated from any lawful source. SECTION 9: Savings/Repealing. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting resolutions shall remain in full force and effect. SECTION 10: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 11: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No.2019-22(R) Authorizing the Acquisition of Property Page 3 of 4 for the McMillen Road Projects Exhibit 1 Resolution No.2019-22(R) Authorizing the Acquisition of Property Page 4 of 4 for the McMillen Road Projects McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 8 McMILLEN ROAD LOT 10,McMILLEN FARMS EXHIBIT "A" Being a 0.585 acre tract of land out of Lot 10 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume fl, Page 621 of the Map Records of Collin County, Texas, said Lot 10 being deeded to Leonard Odell Brewer as recorded in Document No. 93-0042366 of the Real Property Records of Collin County, Texas, said 0.585 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast corner of said Lot 10, said 1/2 inch iron rod being the northwest corner of Lot 9 of said McMillen Farms, said 1/2 inch iron rod also being in the existing south right-of-way line of McMillen Road (a variable width right-of- way), from which a 3/8 inch iron rod found for the northeast corner of Lot 8 of said McMillen Farms bears North 88 degrees 56 minutes 46 seconds East, a distance of 520.32 feet, said 3/8 inch iron rod being the northwest corner of Lot 7 of said McMillen Farms, said 3/8 inch iron rod also being in the existing south right-of-way line of said McMillen Road; THENCE South 88 degrees 56 minutes 46 seconds West, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 338.25 feet to a R.O.W. marker set for the POINT OF BEGINNING of the herein described 0.585 acre tract of land, said R.O.W. marker being in the proposed south right-of-way line of said McMillen Road; THENCE South 86 degrees 05 minutes 01 seconds West, with the proposed south right-of-way line of said McMillen Road, a distance of 400.28 feet to a R.O.W. marker set for the beginning of a curve to the right having a radius of 1000.00 feet, a central angle of 25 degrees 25 minutes 36 seconds, and whose chord bears North 81 degrees 12 minutes 11 seconds West,a distance of 440.15 feet; THENCE with said curve to the right and with the proposed south right-of-way line of said McMillen Road, an arc length of 443.78 feet to a survey nail w/washer stamped "GORRONDONA" set for corner in the north line of said Lot 10, said survey nail w/washer stamped "GORRONDONA"being in said McMillen Road; THENCE North 88 degrees 53 minutes 03 seconds East, with the north line of said Lot 10 and with said McMillen Road, a distance of 283.62 feet to a point for corner in the existing south right-of-way line of said McMillen Road, said point being the beginning of a non-tangent curve to the left having a radius of 1055.00 feet, a central angle of 18 degrees 41 minutes 14 seconds, and whose chord bears South 81 degrees 42 minutes 35 seconds East, a distance of 342.57 feet; THENCE with said non-tangent curve to the left, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, an arc length of 344.09 feet to a point for corner; Exhibit A Page 1 of 2 THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 211.81 feet to the POINT OF BEGINNING and containing 25,479 square feet or 0.585 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA"unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith r x,„ Registered Professional Land Surveyor )6915,7L-9, e No. 5494 CURTIS SMITH ), \Hp. 5494 iJO 0\... L 0 " Exhibit A Page 2 of 2 S U R ACQUISITION " " UNE TABLE LOCATION EXHIBIT B UNE BEARING —DISTANCE PARCEL No. 8 L-1 S 86'05'01W 400.28' L-3 N 88'56'46"E 211.81' ,CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH C-2 1055.00 18'4114" S 81-42.35"E ' 342.57' 344.09' SUBJECT TRACT & LOCATION OF ACQUISITION 40,00 ACRES (BY DEED) 112.18 ACRES (BY DEED) w D—DREAMS, INC. z PAMELA JOE THRONBURG DOCUMENT NO. 20070131000142850 DOCUMENT No. 20100416000373400 I R.P.R.C.C.T. R.P.R.C.C.T. W ) -6 1 1 WIC• LU , w. . 10 ps, -, \...\o• 3.\N -ciRAC ‘ ABS . ,T Li. \I,1 • ' 1 W.,C,' P,BS ' Z < MINIM ....1 DEED LINE (APPROXIMATE CENTER OF ROAD) I EXISTING — EXISTING McMILLEN ROAD RIGHT OF WAYL-3 RIGHT—OF—WAY (A VARIABLE WIDTH RIGHT—OF—WAY) — — — • S 88'56'46''W N 88°56'46"E 520.32 / / F.O.B. 338.25' END 3/8"IR 2 , , MARKER P.O.C. r--- / / FND 1/2"IR LOT 9 LOT 8 I— APPROXIMATE APPROXIMATE LOCATION 0 / 20.0' SANITARY SEWER EASEMENT CABINET H, SLIDE 621 Bgs , P,R.C.C.T. FA 621 / LEN pAGE MIL• RIGHT—OF—WAY ! LOT 10 NIC .. , 0 ir ACQUISMON AREA 1-11,11gF C.u• 25,479 SQ. FT. OR LEONARD ODELL BREWER AT...,— Id•B. 0.585 ACRES DOCUMENT No. 93-0042366 R.P.R.C.C.T. I NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY UNE ARE A 5/8" IRON ROD SET WrTH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 1 50 75 0 150 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET City of Wylie , CITY OF WYLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 W EXHIBIT SHOWING RIGHT—OF—WAY ACQUISITION f--;.7. OF OF McMILLEN FARMS AN ADDMON TO THE CITY OF WYLIE, COLUN COUNTY, TEXAS AS RECORDED IN rp 549L t Q--1 , VOLUME H, PAGE 621 MAP RECORDS, COLUN COUNTY, TEXAS .... ) .,- PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD .-.,--"' ---- ACQUISITION AREA: 25 479 SCJARE FEET OR 0.585 ACRES CURTIS SMITH JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: 08 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31, 2014 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 150' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 EXHIBIT9! 93 B , UNE TABLE UNE BEARING DISTANCE, PARCEL No. 8 L-1 S 860501'w 400.28' L-2 N 8853'03"E 283.62' CURVE TABLE \ \ CURVE RADIUS DELTA ANGLE CHORD BEARING TCHORD LENGTH ARC LENGTH \ \ C-1 1000.00' 2525'36 N 81'1211"W 440.15' 443.78' # •;,,. \\ C-2 1055.00 1841'14" S 814235"E 342.57' 344.09' S {,_,(?)- \ \ _ c ) 1 \,, \ \, \ ,... 112.18 ACRES (BY DEED) \,..\> . (:),... .\ ' ‘.... , -- PAMELA JOE THRONBURG DOCUMENT No. 20100416000373400 \-1\s ) c.) / -,.... , ....,... - ......,,...... -... R.P.R.C.C.T. ,:•.--... -- N\A. CD'C°)s ,... , , , -... , -:.,","*",..14".- 20.0' SANITARY SEWER EASEMENT I' 5' COSERV EASEMENT , -." /—VOLUME 3255, PAGE 66 /1.._ ''• D.R.C.C.T. VOLUME 4845, PAGE 1339 / `-'" , . D.R.C.C,T. , p,, -, ERI ..z.... ', ,.. -.. -. 5,0' VI EASEMENT -... , ,.. ...'.:.-,1".. ......7-,VOLUME 5419, PAGE 834 39.58 ACRES (BY DEED , -, D,R.C.C.T ROBERT VANCE THURMOND,)JR. . RIGHT-OF-WAY 7-S.'",,z,--,* W --, DOCUMENT No. 98-0004942 ACQUISITION AREA / -:-... ... , , •:.-- Z-... R.P.R.C.C.T. ...,. . •••••'-- ) VOLUME 1015, PAGE 46 25,479 SQ. FT. OR —1 mC L-2m _ _ (4_ STAMPED "GORRONDONA" '13 <c` ILL...E'11‘1s1p...„.A....G....E................„,/,/.. 4- PROPOSED C—1 < ll s.... ....„. RIGHT—OF—WAY LOT 10 LEONARD ODELL BREWER DOCUMENT No. 93-0042366 R.P.R.C.C.T. SET R.O.W. 2 MARKER L—1 FABMS 21 ugE 0, 150 75 0 150 VOL M.B•C' SCALE IN FEET ACQUISITION f / LOCATION ( / NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 3, ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE SUBJECT TRACT & 4. SURVEYED ON THE GROUND NOVEMBER 2009. LOCATION OF ACQUISITION _IP City of Wylie CITY OF WYLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 I _ EXHIBIT SHOWING A ----... RIGHT-OF-WAY ACQUISITION (. OF 7-.------\OUT OF \%---„,..c;,; LOT 10 • v OF i c,)..: McMILLEN FARMS p. ; AN ADDITION TO THE C,I RT IS SMITI CITY OF WYLIE, COLLIN COUNTY, TEXAS , \' r . 3 549 Z- ' '-'2=:' I AS RECORDED IN , ...-P ,N--/ - VOLUME H, PAGE 621 I ' .,.c.„?&r.-- -; -EY- -47-- ,. s ..' -- / MAP RECORDS, COLUN COUNTY, TEXAS _,..----/ PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD ACQUISITION AREA:AREA: 25 479 SQUARE FEET OR 0.585 ACRES CURTIS SMITH JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: 08 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31, 2014 EXHIBIT B PAGE 2 OF 2 SCALE: 1" = 150' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL. BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 8 PE McMILLEN ROAD LOT 10,McMILLEN FARMS EXHIBIT "A" Being a permanent drainage easement out of Lot 10 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume H, Page 621 of the Map Records of Collin County, Texas, said Lot 10 being deeded to Leonard Odell Brewer as recorded in Document No. 93-0042366 of the Real Property Records of Collin County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast corner of said Lot 10, said 1/2 inch iron rod being the northwest corner of Lot 9 of said McMillen Farms, said 1/2 inch iron rod also being in the existing south right-of-way line of McMillen Road (a variable width right-of- way), from which a 3/8 inch iron rod found for the northeast corner of Lot 8 of said McMillen Farms bears North 88 degrees 56 minutes 46 seconds East, a distance of 520.32 feet, said 3/8 inch iron rod being the northwest corner of Lot 7 of said McMillen Farms, said 3/8 inch iron rod also being in the existing south right-of-way line of said McMillen Road; THENCE South 88 degrees 56 minutes 46 seconds West, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 277,37 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 01 degrees 03 minutes 14 seconds East, a distance of 110.00 feet to a point for corner; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 30.00 feet to a point for corner; THENCE North 01 degrees 03 minutes 14 seconds West, a distance of 110.00 feet to a point for corner in the north line of said Lot 10, said point being in the existing south right-of- way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 30.00 feet to the POINT OF BEGINNING and containing 3,300 square feet or 0.076 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith Registered Professional Land SurveyorSurveyor ° No. 5494 'r s,1 k URTIS SMITH Exhibit A Page 2 of 2 S ACQUISITION EXHIBIT "B " LOCATION UNE TABLE UNE BEARING DISTANCE PARCEL No. 8 PE L-1 S 01'03'14"E 110.00' - L-2 S 88'56'46"W 30.00' L-3 N 01'03'14"W 110.00' L-4 N 88'56'46"E 30.00' SUBJECT TRACT & LOCATION OF ACQUISITION z 40.00 ACRES (BY DEED) 112.18 ACRES (BY DEED) D-DREAMS, INC. PAMELA JOE THRONBURG la DOCUMENT NO. 20070131000142850 DOCUMENT No. 20100416000373400 w R.P.R.C.C.T. R P.R.C,C:T. v° o Rv v 1 C CHI\ - 535 9 Q ��ERS©N© J. •B R p,C1 © \N - PBSI RACE P DEED LINE (APPROXIMATE CENTER OF ROAD) — EXISTING L_4 MOM I LLEN ROAD RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-OF-WAY) Q 5 88'56'46"W N 88'56'46"E 520.32' / "/i �i I.':}:`: 277.37' // // APPROXIMATE LOCATION r7I:`:.A. P.C•C. END 3/8"IR i�//f SEWER EASEMENT JI::}:{IJ r.O.B. FND 1/2"IR �• // CABINET H, SLIDE 621 LOT 9 LOT 8 /i P.R.C.C.T. ' — ,/ PERMANENT DRAINAGE L 2 I FARM 2' I _1 EMENT AREA 3,30© 5Q. FT. OR I GILLFN PAGE 6 0.076 ACRES LOT 10 yoLUME AA,R:c.C.T• LEONARD ODELL BREWER DOCUMENT No. 93-0042366 I R.P.R.C.C.T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY UNE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE 15CI 75 O 50 SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS - SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009, SCALE IN FEET _ City of Wylie CITY OF YLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 W EXHIBIT SHOWING / •� A ��r rc- PERMANENT DRAINAGE EASEMENT w\ , 7 . LOT 10 1F 'a.4 \5Ti,� L. OF U) •`-' fit. '<) 7� McMILLEN FARMS / .......s:................................:....... ,....._,,�,U ..T.,S SMITH ,.j AN ADDf11ON TO THE � CURTIS RT S CITY OF WYLIE, COLLIN COUNTY, TEXAS r° .,.. AS RECORDED IN 5494 '. /I VOLUME H, PAGE 621 4 � 0.9`.1 n .-� MAP RECORDS, COL.LJN COUNTY, TEXAS a ^., " PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD u ;` . � ACSUISITION AREA: 3 300 SrUARE FEET OR 0.076 ACRES CURTIS SMITH JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: 08 DRAIN.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31, 2014 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 150' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 9 McMILLEN ROAD W. PATTERSON SURVEY,ABSTRACT No.716 EXHIBIT "A" Being a 1.556 acre tract of land situated in the W. Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas, said 1.556 acre tract of land being a portion of a 40.00 acre tract of land (by deed) deeded to D-Dreams, Inc. as recorded in Document No. 20070131000142850 of the Real Property Records of Collin County, Texas, said 1.556 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of Lot 1, Block A of Wylie United Methodist Church as recorded in Volume R, Page 213 of the Map Records of Collin County, Texas, from which a 5/8 inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.77 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.49 feet to a point for corner in McMillen Road (an undedicated right-of-way), said point being the southwest corner of said Wylie United Methodist Church, said point also being in the south line of a 199.22 acre tract of land (by deed) deeded to Ifatheryn Skinner as recorded in Document No. 20070514000648930 of said Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road, a distance of 739.39 feet to the POINT OF BEGINNING of the herein described 1.556 acre tract of land, said point being the southeast corner of said 40.00 acre tract of land; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 40.00 acre tract of land and with said McMillen Road, a distance of 1239.99 feet to a point for the southwest corner of said 40.00 acre tract of land, said point being the southeast corner of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property Records of Collin County, Texas; THENCE North 00 degrees 12 minutes 47 seconds East, with the west line of said 40.00 acre tract of land and with the east line of said 112.18 acre tract of land, a distance of 53.71 feet to a R.O.W. marker set for corner in the proposed north right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the proposed north right-of-way line of said McMillen Road, a distance of 1239.83 feet to a R.O.W. marker set for corner in the east line of said 40.00 acre tract of land; Exhibit A Page 1 of 2 THENCE South 00 degrees 00 minutes 25 seconds West, with the east line of said 40.00 acre tract of land, a distance of 55.66 feet to the POINT OF BEGINNING and containing 67,791 square feet or 1.56 acres of land,more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped"G RR NDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 14, 2014 Curtis Smith OF T Registered Professional Land Surveyor No. 5494 CURTIS SMITH o cic Exhibit A Page 2 of 2 SUB rj_ACQUISITION LOCATION EXHIBIT "B " PARCEL No. 9 0 n FND 5/8"IR m W/CAP (ILLEGIEW SUBJECT TRACT & 0 S° .‘\16° 1 , - . ., ....• -VI OS -.E.y . , LOCATION OF ACQUISITION c)N, r.,1 \AO. ,..., 0 co La ce 0 1 LOT 1 \N • 0 Lu 0 , ------ cr•--- ocin-h CW?. °z LLIV'WZ C9N crU:cf)d LI 40.00 ACRES (BY DEED) c ,-,1 •d7 EC _ C:1 Q4 0—DREAMS, INC. r--- DOCUMENT NO. 20070131000142850 IX 04 I--Z n CO LO '",Q.>"1,• R.P.R.C.C.T. col 1 Ol cn 0 Lu > C'l cg. • , m W RIGHT—OF--WAY u 0 0 IN 3.4 Z ACQUISMON AREA 67,791 SQ. FT. OR I P.O.C. • —11 1.556 ACRES SET ROW, MARKER END 1/2°'IR PROPOSED z a I RIGHT-OF-WAY \ EXISTING 0 N 88"56.46"E \\A 1239.83' W/CAP (ILLEGIBLE) S 0000'25-W\\..t. RIGHT-OF-WAY -4"----S 00.2528E - - -- --- - - - - . 56.49' ..-. :: .. . . .. —._ 2 S 89'02'1ov McMILLEN ROAD 1239.99 ---) F.O.B. (LI\1 UNDEDICATED RIGHT—OF—WAY) — _ _.. _ EXISTING RIGHT-OF-WAY TrATF S xi ES 719 'A CNI gcgIL 1 PA LOT 8 LOT 7 VOP M.rt. .1 LOT 1-1 I -- -10 M S 0 0 FA A'''.- Z iI 1 --) J LOT 1—3 1 LOT 1-4 ILLN AG 6 VOLVI° P. C'C'.1 1 1 I NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 1 50 75 0 150 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE I -4. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET City of Wylie _ve CITY OF WYLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 81 EXHIBIT SHOWING A _ ,_, ,. ^"... .--,..,.\,,,_,_ -, s.„, RIGHT—OF—WAY ACQUISITION 71' '\ •-•-•----.. C.‘i OUT OF A \'`.•-: , `c 1 1-4-,,,T;,,,. .„-- 40.00 ACRE TRACT OF LAND z.-. .. (, . , __.., A3 ,.' w 'o \ SITUATED IN THE : .., W. PATTERSON SURVEY, ABSTRACT No, 716 CU IIS '----,Ni CITY OF WYUE, COLLIN COUNTY, TEXAS - - ---- i AS RECORDED IN `. r , „.., 5 4-9 4:- I Q- DOCUMENT No. 20070131000142850 'S\{, %.1(--..),, , ,::•.e REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS ••c ,A Z' ,-- PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD .., ...„.. .. ---...-- ACQUISITION AREA: 67 791 SCARE FEET OR 1.556 ACRES CURTIS SMITH JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: 09 ROW DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31, 2014 1 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 150' 1NO. 5494 TEXAS FIRM No, 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 EXHIBIT "B " ACQUISITION PARCEL No. 9 LOCATION SUBJECT TRACT & LOCATION OF ACQUISITION 9,5O -7 P All i No- * • . -110,C p,:i3,5 1 40.00 ACRES (BY DEED) D—DREAMS, INC. DOCUMENT NO. 20070131000142850 R.P.R.C.C.T. 112.18 ACRES (BY DEED) PAMELA JOE THRONBURG DOCUMENT N©. 20100416000373400 RIGHT—OF—WAY K R.P.R.C.C.T. ACQUISITION AREA 67,791 SQ. FT. OR 1.556 ACRES —I PROPOSED 0 SET R O.W.,,,,,,,— MARKER / N 88'56'467-0E—WAY 1239.83' I r-- 53.71' ::::: :::::: :.....................::.........::..... :....: : :: ' ' ''' -'':':'' '':''' '' "'' '.. ...=.. .:..... '. : -.. --- Z —— — — S 89•02.10”W McMILLEN ROAD 1239.99 M (AN UNDEDICATED RIGHT-OF-WAY) 7 _ ___ EXISTING RIGHT—OF—WAY LOT 9 LOT 8 LOT 10 FONIS 2 i LEN 6 mcgIL 0, pofA vOL1-11%14.11•C•C'T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 1 50 75 0 1 50 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, AU. DISTANCES AND AREAS 11 SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET . . City of Wylie CITY OF YLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 Ir EXHIBIT SHOWING A RIGHT—OF—WAY ACQUISITION p OUT OF A t ''..0\•Si6.6'' '-r— \ 40.00 ACRE TRACT OF LAND * `c )''.-7 \ SITUATED IN THE a (/)/Q. ' ':,‘,Y.'. W. PATTERSON SURVEY, ABSTRACT No. 716 C1J TIS WIT CITY OF WYLIE, COLLIN COUNTY, TEXAS \ ...._:,.. .... //• / AS RECORDED IN \,..r " .4) 5494 DOCUMENT No. 20070131000142850 REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS \ ...-H,d PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD ACQUISITION AREA: 67 791 SQUARE FEET OR 1.556 ACRES CURTIS SMITH JOB No. 0903-3568 DRAWN BY; JPH CAD FILE: 09 ROW DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31, 2014 EXHIBIT B PAGE 2 OF 2 SCALE: 1" = 150 NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA Sc ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 9 PE McMILLEN ROAD W. PATTERSON SURVEY, ABSTRACT No. 716 EXHIBIT "A" Being a permanent drainage easement situated in the W. Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas, said permanent drainage easement being a portion of a 40.00 acre tract of land (by deed) deeded to D-Dreams, Inc. as recorded in Document No. 20070131000142850 of the Real Property Records of Collin. County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of Lot 1, Block A of Wylie United. Methodist Church, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume R, Page 213 of the Map Records of Collin County, Texas, from which a 5/8 inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.77 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.49 feet to a point for corner in McMillen Road (an undedicated right-of- way), said point being the southwest corner of said. Wylie United Methodist Church, said point also being in the south line of a 199.22 acre tract of land (by deed) deeded to Katheryn Skinner as recorded in Document No. 20070514000648930 of said Real Property Records of Collin County, Texas and being further described in Volume 5.55, Page 68 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road, a distance of 739.39 feet to a point for the southeast corner of said 40.00 acre tract of land; THENCE North 00 degrees 00 minutes 25 seconds East, with the east line of said 40.00 acre tract of land, a distance of 55.66 feet to a R.O.W. marker set for corner in the proposed north right-of-way line of said McMillen Road; THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 192.88 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 82.82 feet to a point for corner; THENCE North 13 degrees 56 minutes 46 seconds East, a distance of 119.06 feet to a point for corner; THENCE North 88 degrees 56 minutes 46 seconds East, a distance of 82.82 feet to a point for corner; THENCE South 13 degrees 56 minutes 46 seconds West, a distance of 119.06 feet to the POINT OF BEGINNING and containing 9,525 square feet or 0.219 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: June 20, 2018 mot4 Curtis Smith {�F� Registered Professional Land Surveyor ) Q.;• 5 r , 4 CURTIS SMITH V `,p 5494 aP l' 9 p� SS�9"•�t' ! UR Exhibit A Page 2 of 2 EXHIBIT "B " 11 ACQUISITION PARCEL No. 9 PE LOCATION M FND 5/8"IR SUBJECT TRACT & Z W/CAP (ILLEGIBLE) LOCATION OF ACQUISITION t° co LLI PERMANENT DRAINAGE ' o}Z a 0 LOT 1 EASEMENT AREA i:; •DOCUMENT NO. 20070131000142850 w •e r� q`�" R.P.R.C.C.T. o: N Z z ID ti oN+''�Z e) rn �tiG�� S� � 82.82' o N N N 01_VS© N©. -7 \6 P;_:;:. ;_:.fff.:.:_i, N I 'q ©w ��f �'' u� �S 13'56'46"W� P.O.C. • BS�RPc ,� ©/C::ii:;:r''::::'1:� 119.06 FND 1/z"IR z ' A PROPOSED j1 l.:.::{:.ia:.;::'..I W/CAP (ILLEGIBLE) RIGHT—OF—WAY +� rr..•, ;. P,p,�,� EXISTING RIGHT—OF—WAY r S 88'S6'46"W 192,88' SET R.O,W. e 1 MARKER / S 88'56.46"W 82.82' N 00'00"25"E 55.66'— S 89'02'10"W 739,39' 5 00'25'28"'E _ _ p — — 56.49' McMILLEN ROAD . fff _ (AN UNDEDICATED RIGHT—OF—WAY) — — — — — EXISTING RIGHT—OF—WAY 1 5,TA ,5 Nin MCM11'L�F pAGE q 19 l. LOT 8 I LOT 7 I LOT 1-1 VOPUMM.R.C'1 FARMS 1 I I © I a I LOT 1-3 LOT 1-4 MCMT�'LKN FA 62 vOLUM) 'R.C.C.f I Ali NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 150 75 (} 150 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE lii 4. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE. IN FEET Cityof W lie 1'CI1"Y .F I.LE Y 300 COUNTRY CLUB ROAD • WYLIE, TEXAS, 75098 � EXHIBIT SHOWING �: ,......,... T PERMANENT DRAINAGE. EASEMENT �', OUT OF A J .,.615T4'4; ,--/-- 40.00 ACRE TRACT OF LAND 2� co.,y,f) SITUATED IN THE W. PATTERSON SURVEY, ABSTRACT No. 716 CITY OF WYLIE, COLLIN COUNTY, TEXAS CUR7�yS SMITH .µ AS RECORDED IN r" .,, #* 5494 O- Ca DOCUMENT No. 20070131000142850 . REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS ••••• PROJECT: McMILLEN ROAD FROM McCREARYROAD TO COUNTRY CLUB ROAD SI ACQUISITION AREA: 9 525 SQUARE FEET OR 0.219 ACRES CURTIS PROFESSIONAL JOB No. 0903-3568 DRAWN BY: RCS CAD .FILE: 09 PE DRAIN.DWG LAND SURVEYOR DATE: JUNE 20, 2018 EXHIBIT B PAGE 1 OF 1 SCALE: 1" _ 150' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA do ASSOCIATES" INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 017-496-1424 FAX 817-496-1768 1 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. XX PE McMILLEN ROAD LOT 7, McMILLEN FARMS EXHIBIT "A" Being a permanent drainage easement out of Lot 7 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume H, Page 621 of the Map Records of Collin County, Texas, said Lot 7 being deeded to Joel Jordan and Karen B. Jordan as recorded in Document No. 93-0023518 of the Real Property Records of Collin County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for the northwest corner of said Lot 7, said 3/8 inch iron rod being the northeast corner of Lot 8 of said McMillen Farms, said 3/8 inch iron rod also being in the south right-of-way line of McMillen Road (a variable width right-of-way), from which a 1/2 inch iron rod found for the northwest corner of Lot 9 of said McMillen Farms bears South 88 degrees 56 minutes 46 seconds West, a distance of 520.32 feet, said 1/2 inch iron rod being the northeast corner of Lot 10 of said McMillen Farms, said 1/2 inch iron rod also being in the south right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 143.74 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 75.00 feet to a point for corner; THENCE South 01 degrees 03 minutes 14 seconds East, a distance of 55.00 feet to a point for corner; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 75.00 feet to a point for corner; THENCE North 01 degrees 03 minutes 14 seconds West, a distance of 55.00 feet to the POINT OF BEGINNING and containing 4,125 square feet or 0.095 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA"unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, MAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith OF Registered Professional Land Surveyor No. 5494 I CURTIS SMITH17 ), °.3 5494 Exhibit A Page 2 of 2 SUR\1 EXHIBIT 7! 77 LINE TABLE ACQUISITIONLi.._ LINE BEARING DISTANCE LOCATION PARCEL No. 1 PE L-1 N 88'56'46"E 75.00' L-2 S 01'03'14"E 55.00' L-3 S 88'56'46"W 75.00' L-4 N 01'03.14"W 55.00' SUBJECT TRACT & LOCATION OF ACQUISITION ° VE�is Nil si:?.... 5 W • ::BSING143\4°S. 40.00 ACRES (BY DEED) D DREAMS, INC. DOCUMENT NO, 20070131000142850 150 75 0 150 R.P.R.C.C.T. SCALE IN FEET DEED LINE (APPROXIMATE CENTER OF ROAD) EXISTING —MC MILLEN ROAD P.O.B. 7—RIGHT—OF—WAY L-1 (A VARIABLE WIDTH RIGHT—OF—WAY) o END 1/2"IR S 88'56'46'W 520.32' N 88'56'46"E cr.:rr.r.i.�N 143,74' { ::::::i:i::::: I P.O.C. L=3 W N. END 3/8"IR h E..:,I �� PERMANENT DRAINAGE Erac..' LOT 10 LOT 9 I LOT 8 I EASEMENT AREA o w 4,125 SQ. FT. OR Ga 0. I I s 0.095 ACRES EN FARM 621 MCM�ELK, PAGE LOT 7 voLUM M•R•C•C JOEL JORDAN AND I KAREN B. JORDAN I DOCUMENT NO. 93-0023518 R.P.R.C.C.T. LOT 1-2A NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. City of Wylie CITY OF YLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 1 EXHIBIT A ROWING PERMANENT DRAINAGE EASEMENT �-y�� , OUT OF LOT 7 r T`�'A McMILLEN FARMS �............. AN ADDITION TO THE ( C TIC SM€i.. T 1 CITY OF WYLIE, COLLIN COUNTY, TEXAS , '° "°°°°°' ,,, AS RECORDED IN i,r "�9L. ' VOLUME H, PAGE 621 .117ssy ,,,'' MAP RECORDS, COLUN COUNTY, TEXAS f C. PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD ` '"' l _ ACQUISITION AREA: 4 125 SQUARE FEET OR 0.095 ACRES �'' CURTIS SMITH JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: 11 DRAIN.DWC REGISTERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31, 2014 EXHIBIT B PAGE 1 OF 1 SCALE: 1" = 150' NO. 5494 TEXAS ARM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 McMILLEN ROAD FROM McC.REARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 11 PE PART 1 McMILLEN ROAD LOT 7, MeMILLEN FARMS EXHTBIT "A" Being a permanent slope easement out of Lot 7 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 1-1, Page 621 of the Map Records of Collin County, Texas, said Lot 7 being deeded to Joel Jordan, and Karen B. Jordan as recorded in Document No. 93-0023518 of the Real .Property Records of Collin. County, Texas, said permanent slope easement being more particularly described by metes and bounds as follows: BEG-INNING at a 3/8 inch iron rod found for the northwest corner of said Lot 7, said 3/8 inch iron rod being the northeast corner of Lot 8 of said McMillen Farms, said 3/8 inch iron rod also being in the south right-of-way line of McMillen Road (a variable width right-of-way), from which a 1/2 inch iron rod found for the northwest corner of Lot 9 of said McMillen Farms bears South 88 degrees 56 minutes 46 seconds West, a distance of 520.32 feet, said 1/2 inch iron rod being the northeast corner of Lot 10 of said McMillen Farms, said 1/2 inch iron rod also being in the south right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 143.74 feet to a point for corner; THENCE South 01 degrees 03 minutes 14 seconds ,cast, a distance of 15.00 feet to a point for corner; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 143.87 feet to a point for corner in the west line of said Lot 7, said point being in the cast line of said Lot 8; THENCE North 00 degrees 34 minutes 07 seconds West, with the west line of said Lot 7 and. with the east line of said Lot 8, a distance of 15.00 feet to the POINT OF BEGINNING and containing 2,1.57 square feet or 0.050 acres of land, more or less. Exhibit A Page 1 of 2 Notes. (1) A plat of even survey date herewith accompanies this legal description. (2) R,O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRC)NDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD 83, The North Central. Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: December 11, 2018 Curtis Smith ` . Registered Professional Laud Surveyor :.��r° ;• No. 5494 * URTIS SMITH Exhibit A Page 2 of 2 EXHIBITACQUISITION ��. " LOCATION PARCEL No. 11 PE PART. 1 T SUBJECRACT 84 NO LINE L-1 . t� ING R 15 ANC 43.74 LOCATION O1F r ACQUISITION Sk L°-2 S O1'O314'E uE 115 00` SC) \ -r 16 L-3 S 88 56'4S°W 143.57' Pp�OC \4°' L�-4 N O0'34`07"W 15.00 I P 40.00 ACRES (BY DEED) D-DREAMS, INC. 150 75 0 150 DOCUMENT NO, 20070131000142850 R.p.R.C,C.T, MIN SCALE IN FEET F.O.B. END 3/B"IR DEED LINE (APPROXIMATE CENTER OF ROAD) EXISTING McMILLEN ROAD RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-OF-WAY L-1 IFND 1/2'IR S 88'56'46"W 520.32' . 4- "-'L-2 L-4 ul q, F"CSCti PERMANENT �I_ ' I LOT 9 I SLOPE o �«g LOT 1CLOT 8 EASEMENT AREA -' w W I I S 2.157 SQ. FT. OR NT FNi 4.050 ACRES MC1411 1� PAGEVOL LOT 7 1jJ ,C•�• JOEL JORDAN AND •pi . NOJORDANI DOCUMENT NO. 33515 R,P,R.C.C.T. LOT 1-2A NOTES: l 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS FLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/B" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA` UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. Cityli of Wylie CZT Y OFeLIC 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 EXHIBIT A SHOWING PERMANENT SLOPE EASEMENT OUT ofQoFLOT 7or McMILLEN FARMSAN ADDON TO THE CITY OF WYLIE, COLLIN COUNTY, TEXASAS RECORDED IN 549 4 1 VOLUME H, PAGE 621 MAP RECORDS, COLLIN COUNTY, TEXAS PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD ,.- ACOUISITION AREA: 2 157 S*UARE FEET OR O.050 ACRES JOB No. 0903-3566 DRAWN BY: RCS CAD FILE: 11 PE-PT1.DWG CURTIS SMITH _.. REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBER 11, 2018 EXH BIT B PAGE 1 OF 1 SCALE: 1" == 150' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX 76118 • 817-495-1424 FAX 817--496-1766 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.. 11 PE PART 2 MCMILLEN ROAD LOT 7, McMILLEN FARMS EXHIBIT "A" Being a permanent slope easement out of Lot 7 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume .El, Page 621. of the Map Records of Collin County, Texas, said Lot 7 being deeded to Joel Jordan and Karen .B. Jordan. as recorded in Document No. 93-0023518 of the Real Property Records of Collin County, Texas, said permanent slope easement being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for the northwest corner of said Lot 7, said 3/8 inch iron rod being the northeast corner of Lot 8 of said. McMillen Farms, said 3/8 inch iron rod also being in the south right-of-way line of McMillen Road (a variable width right-of-way), from which a 1/2 inch iron rod found for the northwest corner of Lot 9 of said McMillen. Farms bears South 88 degrees 56 minutes 46 seconds West, a distance of 520.32 feet, said 1/2 inch iron rod being the northeast cornier of Lot 10 of said McMillen Farms, said 1/2 inch iron rod also being in the south right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 218.74 feet to the POINT OF BEGINNING of the herein described permanent slope easement; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 41.48 feet to a point for the northeast corner of said Lot 7, said point being the northwest corner of Lot 1-1. of McMillen Estates, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume 1, Page 719 of said Map Records of Collin County, Texas; THENCE South 00 degrees 34 minutes 07 seconds East, with the east line of said Lot 7 and with the west line of said Lot 1.-1, a distance of 15.00 feet to a point for corner; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 41..3 5 feet to a point for. corner; THENCE North 01 degrees 03 minutes 14 seconds West, a distance of 15.00 feet to the POINT OF BEGINNING and containing 621 square feet or 0.014 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line arc a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD®83, The North Central Zone 4202, all distances and areas shown arc surface. (4) Surveyed on the ground November 2009. i)ate: December 11, 2018 Curtis Smith OF 7. Registered Professional I..,and. Surveyor y � l� -�- No. 5494 Fes.' CURTIS SMITH t '9p 5404 ,rr�t /Jf ` `fSalt' �fl Exhibit A Page 2 of 2 ACQUISITION EXHIBIT "B " LOCATION PARCEL No. 1 f PE PART 2 LINE TABLE SUBJECT TRACT & IR, LINE BEARING DISTANCE LOCATION OF ACQUISITION © \6 L-1 N BR 56'46uE 41.48' _ p pkil 1 NO O. L--3 S 88'56'466W 41,35' • B51 � L-4 N O1'O3'14`'W_ 15,00' P 40.00 ACRES (BY DEED) 1 Q 75 0 10 D—DEAMS, INC DOCUMENT NO.R 20070131000142850 1.1111111111 R°P.R.C,C"I°. SCALE IN FEET DEED LINE (APPROXIMATE CEI41ER OF ROAD) _ _ �- DOSING MCMILLEN ROAD N ea°5646'E E-1 RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-CIF-WAY 218•74 -" _ _ L-2 FND 1/2'°IR — S 88'56'46 W 520.32' —.- L.--4" ti. P.O.C. L-3 END 3/8"IR W 1, PERMANENT 41 SLOPE I e ' EASEMENT AREA ,' LQ°l3 1 p I LOT 9 I LOT 8 I � ��'�; 621 a. FT. OR 0 w L I 0.014 ACRES MCOLU � � pI G LOT7 V_ ,•C•C" JOEL JORDAN AND KAREN B. JORDAN I DOCUMENT NO. 93-0023518 I R,P.R.C.C.T, LOT 1-2A NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET 1 WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-B3, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. City of Wylie CITY OF yuE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 EXH IT G PERMANENTIBSL©PEINEASEMENT f.- F 7- ,. ,(' l� , LOT 7 "�":4.. I( .6;i,,,`f McMILLEN FARMS AN ADDITION TO THE CUR-1iS SMI1H CITY OF WYLIE, COLLIN COUNTY, TEXAS `a4y AS RECORDED IN VOLUME H, PAGE 621 MAP RECORDS, COLLIN COUNTY, TEXAS � i PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD � , AC0UISITION AREA: 621 SiUARE FEET OR 0,014 ACRES CURTIS SMITH JOB No. 0903-3586 DRAWN BY: RCS CAD FILE: 11 PE PT2.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE; DECEMBER 11, 2018 EX IBIT B PAGE 1 OF 1 SCALE; 1" - 150' NO. 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES. INC, • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 10, 2019 Item Number: 1 Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: September 3, 2019 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2019-24 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates), and Subsection C(Sewage Collection and Treatment Rates). Recommendation Motion to approve Ordinance No. 2019-24 amending Wylie's Code of Ordinances,Ordinance No. 2005-07,as amended, Appendix C(Wylie Comprehensive Fee Schedule), Section I(Water and Sewer Fees), Subsection B (Water Rates), and Subsection C(Sewage Collection and Treatment Rates). Discussion On August 8,2017, Council held a work session to discuss the updated water and sewer rate study prepared by NewGen Strategies & Solutions, which included new cost projections for the Muddy Creek WWTP expansion. The study incorporates the water and sewer capital improvements plan (CIP), outstanding debt service, the proposed wholesale water rate increases from the North Texas Municipal Water District, the transfer to the general fund, and future utility fund staffing needs. The multi-year rate recommendation was implemented by Council in FY2017 and is based on a consistent rate increase over a 5-year period which uses excess fund balance to smooth out the rate impact while also maintaining the required 90 days of operating reserve. The rate model incorporates a water rate increase of 9%, and a wastewater rate increase of 7.5%for all rate types through FY 2021. The rate study will be updated in FY2020 to include the revised NTMWD wholesale rate projections, and any revised cost for future water and sewer capital improvements. Page 1 of I ORDINANCE NO. 2019-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO. 2005-07, AS AMENDED, APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE), SECTION I (WATER AND SEWER FEES), SUBSECTION B (WATER RATES), SUBSECTION C (SEWAGE COLLECTION AND TREATMENT RATES); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted a comprehensive fee schedule ("Comprehensive Fee Schedule") for the City of Wylie, Texas ("Wylie"), which is codified in Appendix C to the Wylie Code of Ordinances, Ordinance No. 2005- 07, as amended("Code of Ordinances"); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the following provisions of the Comprehensive Fee Schedule as provided herein: Section I (Water and Sewer Fees), Subsection B (Water Rates), Subsection C (Sewage Collection and Treatment Rates);. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Appendix C (Wylie Comprehensive Fee Schedule)of the Wylie Code of Ordinances. Appendix C(Comprehensive Fee Schedule)of the Code of Ordinances is hereby amended as followsl: "WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES B. Water Rates. (1) The following monthly water rates shall apply to all domestic residential customers within the corporate limits of the City of Wylie, Texas. ALL PRICES ARE FOR 1,000 GALLONS OF METERED WATER. (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $16.62 Ordinance No.2019-24 Amendment to the Wylie Comprehensive Fee Schedule Page 1 2093673 (b) Volume charge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons: $5.66 10,001 to 20,000 gallons: $7.34 20,001 to 40,000 gallons: $9.54 Over 40,000 gallons: $12.41 (2) The following monthly water rates shall apply to all domestic commercial customers, (other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $22.70 (b) Volume charge for all consumption exceeding 1,000 gallons: $6.42 (3) The following water rates shall apply to all domestic apartments,mobile home parks, and other multi-unit dwellings, not individually metered, within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water $22.70 (b) Volume charge for all consumption exceeding 1,000 gallons $6.42 (4) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water: (1) Residential irrigation $16.62 (2) Commercial & Multifamily $22.70 (b) Volume charge for all consumption exceeding 1,000 gallons: (1) Residential irrigation $8.11 (2) Commercial irrigation $8.11 (5) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered)located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (6) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in twenty-five (25) gallon increments at the same rates as the commercial customers. Ordinance No.2019-24 Amendment to the Wylie Comprehensive Fee Schedule Page 2 2093673 C. Sewage Collection and Treatment Rates. (1) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (a) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax records $35.69 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records $35.69 (c) All other customers $50.60 (2) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie, Texas: (a) Monthly minimum charge first 1,000 gallons of metered water.. $38.52 (b) Volume charge for all consumption exceeding 1,000 gallons $ 3.25 (3) The following monthly sewage collection and treatment rates shall apply to each apartment unit, multiple-family unit, or mobile home space and special areas such as washateria,swimming pools,etc.,where the apartment,multiple- family development or mobile home park is on a master meter for water consumption with the City of Wylie, Texas: (a) Monthly charge $50.60 (4) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered)located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (5) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing Ordinance No.2019-24 Amendment to the Wylie Comprehensive Fee Schedule Page 3 2093673 day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of September, 2019. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Dates to be published in The Wylie News—September 18,2019 Ordinance No.2019-24 Amendment to the Wylie Comprehensive Fee Schedule Page 4 2093673 Section 5 APPENDIX SCHEDULE 1 PROPOSED WATER RATES THROUGH FY 2023 Residential Inside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 12.83 $ 13.98 $ 15.24 $ 16.62 $ 18.11 $ 19.74 $ 21.52 0-1,000 gallons 1,001-10,000 gallons 4.37 4.76 5.19 5.66 6.17 6.72 7.33 10,001-20,000 gallons 5.67 6.18 6.74 7.34 8.00 8.72 9.51 20,001-40,000 gallons 7.37 8.03 8.76 9.54 10.40 11.34 12.36 40,000+gallons 9.58 10.44 11.38 12.41 13.52 14.74 16.07 Residential Outside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 14.75 $ 16.08 $ 17.53 $ 19.11 $ 20.83 $ 22.70 $ 24.74 0-1,000 gallons 1,001-10,000 gallons 5.03 5.48 5.97 6.51 7 09 7.73 8.43 10,001-20,000 gallons 6.52 7.11 7.75 8.44 9.20 10.03 10.94 20,001-40,000 gallons 8.48 9.24 10.07 10.98 11.96 13.04 14.21 40,000+gallons 11.02 12.01 13.09 14.27 15.55 16.95 18.48 Commercial/Multi-Family Inside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 17.53 $ 19.11 $ 20.83 $ 22.70 $ 24.75 $ 26.97 $ 29.40 0-1,000 gallons 1,001+gallons 4.96 5.41 5.89 6.42 7 00 7.63 8.32 Commercial/Multi-Family Outside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 20.16 $ 21.97 $ 23.95 $ 26.11 $ 28 46 $ 31.02 $ 33.81 0 1,000 gallons 1,001+gallons 5.70 6.22 6.78 7.39 8 05 8.78 9.57 Residential Irrigation Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 12.83 $ 13.98 $ 15.24 $ 16.62 $ 18 11 $ 19.74 $ 21.52 0-1,000 gallons 1,001+gallons 6.26 6.82 7.44 8.11 8 84 9.63 10.50 Commercial/Multi-Family Irrigation Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 17.53 $ 19.11 $ 20.83 $ 22,70 $ 24.75 $ 26.97 $ 29.40 0-1,000 gallons 1,001+gallons 6.26 6.82 7.44 8.11 8 84 9.63 10.50 NewGen Strategies &Solutions Economics I Strategy I Stakeholders I Sustainability Appendix SCHEDULE 2 PROPOSED WASTEWATER RATES THROUGH FY 2023 Residential Inside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 40.73 $ 43.78 $ 47.07 $ 50.60 $ 54.39 $ 59.02 $ 61.97 0- 1,000 gallons - - - -- - - 1,001+gallons - - - - - - - Sewer R&R 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Residential Outside Current FY2018 FY2019 FY2020 FY2021 FY2022. FY2023 Base $ 46.84 $ 50.35 $ 54.13 $ 58.19 $ 62.55 $ 67.87 $ 71.26 0- 1,000 gallons - - - -- - - 1,001+gallons - - - -- - - Sewer R&R 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Residential Senior Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 28.73 $ 30.88 $ 33.20 $ 35.69 $ 38.37 $ 41.63 $ 43.71 0- 1,000 gallons - - - -- - - 1,001+gallons - - - -- - - Sewer R&R 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Commercial Inside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 31.01 $ 33.34 $ 35.84 $ 38.52 $ 41.41 $ 44.93 $ 47.18 0- 1,000 gallons - - - -- - - 1,001+gallons 2.62 2.82 3.03 3.25 3.50 3.80 3.99 Commercial Outside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 35.66 $ 38.34 $ 41.21 $ 44.30 $ 47.62 $ 51.67 $ 54.26 0- 1,000 gallons - - - - -- - 1,001+gal Ions 3.01 3.24 3.48 3.74 4.02 4.37 4.58 Multi-Family Inside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 40.73 $ 43.78 $ 47.07 $ 50.60 $ 54.39 $ 59.02 $ 61.97 0- 1,000 gallons - - - -- - - 1,001+gallons - - - -- - - Multi-Family Outside Current FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 Base $ 46.84 $ 50.35 $ 54.13 $ 58.19 $ 62.55 $ 67.87 $ 71.26 0- 1,000 gallons - - - - - - - 1,001+gal Ions - - - -- - - Note:The$2.00 Sewer R&R (Repair and Replacement) Fee is already included in the base and is shown here just as a reminder that$2.00 of the rate goes into a different fund. 5-2 Wylie CityCouncil Y ( fTY° 0 - AGENDA REPORT Meeting Date: September 10, 2019 Item Number: 2 Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: August 22, 2019 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2019-25 of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp, Mid-Tex Division regarding the company's 2019 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest. Recommendation Motion to approve Ordinance No. 2019-25 of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee("ACSC") and Atmos Energy Corp, Mid-Tex Division regarding the company's 2019 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest. Discussion The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1,2019,the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of- service in a test year ending December 31, 2018, entitled it to additional system-wide revenues of $70 million. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $54 million, $39.3 million of which would be applicable to ACSC members. ACSC's consultants concluded that the system-wide deficiency under the RRM regime should be $38.7 million instead of the claimed $54 million. The amount of the $38.7 million deficiency applicable to ACSC members would be $28.2 million. After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of$35.4 million from ACSC Cities. The Executive Committee recommends a settlement at this amount. The Effective Date for new rates is October 1, 2019. ACSC members should take action approving the Ordinance before the end of September. Page 1 of 1 Page 2 of 3 PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Ordinance will generate $35.4 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of$2.05 on a monthly basis,or 3.7 percent. The increase for average commercial usage will be $6.18 or 2.31 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view,the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP,there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2019,ACSC residents will have a slight economic monthly advantage over comparable GRIP and comparable DARR rates (see Attachment 3). EXPLANATION OF "BE IT ORDAINED" PARAGRAPHS: 1. This section approves all findings in the Ordinance. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional $35.4 million from ACSC Cities. 4. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 5. This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 6. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Ordinance approving new rate tariffs. 7. This section repeals any resolution or ordinance that is inconsistent with the Ordinance. 8. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 9. This section is a savings clause,which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect,impair, or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 10. This section provides for an effective date upon passage. Page 3 of 3 11. This section directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly(both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $70 million in additional system-wide revenues, or $54 million from ACSC Cities, the RRM settlement at $35.4 million for ACSC Cities reflects substantial savings to ACSC Cities in the amount of$18.6 million. ACSC's consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $32.7 million. Settlement at $35.4 million is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Ordinance before September 30, 2019. New rates become effective October 1, 2019. Attachment 1 Proof of Revenues ATMOS ENERGY CORP., MID-TEX DIVISION RRM CITIES RATE REVIEW MECHANISM PROOF OF REVENUES-SYSTEMWIDE TEST YEAR ENDING DECEMBER 31,2018 Line No. Customer Class Current Proposed Bills Ccf/MmBtu (a) (b) (c) (d) (e) 1 Residential 2 Customer Charge $ 18.85 $ 19.55 18,572,400 3 Consumption Charge 0.14846 0.17423 876,575,629 4 Revenue Related Taxes 5 Total Class Revenue 6 7 Commercial 8 Customer Charge $ 43.50 $ 46.50 1,492,740 9 Consumption Charge 0.09165 0.09924 576,758,305 10 Revenue Related Taxes 11 Total Class Revenue 12 13 Industrial &Transportation 14 Customer Charge $ 784.00 $ 845.50 9,804 15 Consumption Charge Tier 1 $ 0.3312 $ 0.3572 10,724,328 16 Consumption Charge Tier 2 $ 0.2425 $ 0.2616 12,346,302 17 Consumption Charge Tier 3 $ 0.0520 $ 0.0561 22,335,700 18 Revenue Related Taxes 19 Total Class Revenue 20 21 Total Excluding Other Revenue 22 23 24 Revenue Related Tax Factor 6.7078% Current Proposed Revenues Revenues Increase (f) (9) (h) $ 350,089,740 $ 363,090,420 130,136,418 152,725,772 32,212,790 34,600,111 $ 512,438,948 $ 550,416,303 $ 37,977,356 $ 64,934,190 $ 69,412,410 52,859,899 57,237,494 7,901,436 8,495,470 $ 125,695,525 $ 135,145,374 $ 9,449,849 $ 7,686,336 $ 8,289,282 3,551,897 3,830,730 2,993,978 3,229,793 1,161,456 1,253,033 1,032,582 1,113,691 $ 16,426,250 $ 17,716,529 $ 1,290,278 $ 654,560,722 $ 703,278,206 $ 48,717,483 Attachment 2 Bill Impact ATMOS ENERGY CORP.,MID-TEX DIVISION AVERAGE BILL COMPARISON-BASE RATES TEST YEAR ENDING DECEMBER 31,2018 Line 1 Rate R(a)47.5 Ccf CURRENT PROPOSED CHANGE 2 Customer charge $ 18.85 3 Consumption charge 47.5 CCF X $ 0.14846 = 7.05 4 Rider GCR Part A 47.5 CCF X $ 0.27375 = 13.00 5 Rider GCR Part B 47.5 CCF X $ 0.27485 = 13.06 6 Subtotal $ 51.96 7 Rider FF&Rider TAX $ 51.96 X 0.06708 = 3.49 8 Total $ 55.45 9 10 Customer charge $ 19.55 11 Consumption charge 47.5 CCF X $ 0.17423 = 8.28 12 Rider GCR Part A 47.5 CCF X $ 0.27375 = 13.00 13 Rider GCR Part B 47.5 CCF X $ 0.27485 = 13.06 14 Subtotal $ 53.89 15 Rider FF&Rider TAX $ 53.89 X 0.06708 = 3.61 16 Total $ 57.50 $ 2.05 17 3.70% 18 19 Rate C(a)367.6 Ccf CURRENT PROPOSED CHANGE 20 Customer charge $ 43.50 21 Consumption charge 367.E CCF X $ 0.09165 = 33.69 22 Rider GCR Part A 367.6 CCF X $ 0.27375 = 100.62 23 Rider GCR Part B 367.6 CCF X $ 0.19927 = 73.25 24 Subtotal $ 251.06 25 Rider FF&Rider TAX $ 251.06 X 0.06708 = 16.84 26 Total $ 267.90 27 28 Customer charge $ 46.50 29 Consumption charge 367.6 CCF X $ 0.09924 = 36.48 30 Rider GCR Part A 367.6 CCF X $ 0.27375 = 100.62 31 Rider GCR Part B 367.6 CCF X $ 0.19927 = 73.25 32 Subtotal $ 256.85 33 Rider FF&Rider TAX $ 256.85 X 0.06708 = 17.23 34 Total $ 274.08 $ 6.18 35 2.31% WP_J-3.1 Page 1 of 2 ATMOS ENERGY CORP.,MID-TEX DIVISION AVERAGE BILL COMPARISON-BASE RATES TEST YEAR ENDING DECEMBER 31,2018 Line 36 Rate I 0 4066 MMBTU CURRENT PROPOSED CHANGE 37 Customer charge $ 784.00 38 Consumption charge 1,500 MMBTU X $ 0.3312 = 496.80 39 Consumption charge 2,566 MMBTU X $ 0.2425 = 622.14 40 Consumption charge 0 MMBTU X $ 0.0520 = - 41 Rider GCR Part A 4,066 MMBTU X $ 2.6733 = 10,868.51 42 Rider GCR Part B 4,066 MMBTU X $ 0.4491 = 1,825.85 43 Subtotal $ 14,597.30 44 Rider FF&Rider TAX $ 14,597.30 X 0.06708 = 979.16 45 Total $ 15,576.46 46 47 Customer charge $ 845.50 48 Consumption charge 1,500 MMBTU X $ 0.3572 = 535.80 49 Consumption charge 2,566 MMBTU X $ 0.2616 = 671.14 50 Consumption charge 0 MMBTU X $ 0.0561 = - 51 Rider GCR Part A 4,066 MMBTU X $ 2.6733 = 10,868.51 52 Rider GCR Part B 4,066 MMBTU X $ 0.4491 = 1,825.85 53 Subtotal $ 14,746.80 54 Rider FF&Rider TAX $ 14,746.80 X 0.06708 = 989.19 55 Total $ 15,735.99 $ 159.53 56 1.02% 57 Rate T(o?,4066 MMBTU CURRENT PROPOSED CHANGE 58 Customer charge $ 784.00 59 Consumption charge 1,500 MMBTU X $ 0.3312 = 496.80 60 Consumption charge 2,566 MMBTU X $ 0.2425 = 622.14 61 Consumption charge 0 MMBTU X $ 0.0520 = - 62 Rider GCR Part B 4,066 MMBTU X $ 0.4491 = 1,825.85 63 Subtotal $ 3,728.79 64 Rider FF&Rider TAX $ 3,728.79 X 0.06708 = 250.12 65 Total $ 3,978.91 66 67 Customer charge $ 845.50 68 Consumption charge 1,500 MMBTU X $ 0.3572 = 535.80 69 Consumption charge 2,566 MMBTU X $ 0.2616 = 671.14 70 Consumption charge 0 MMBTU X $ 0.0561 = - 71 Rider GCR Part B 4,066 MMBTU X $ 0.4491 = 1,825.85 72 Subtotal $ 3,878.29 73 Rider FF&Rider TAX $ 3,878.29 X 0.06708 = 260.15 74 Total $ 4,138.44 $ 159.53 75 4.01% W P_J-3.1 Page2of2 Attachment 3 RRM Monthly Savings Over GRIP and DARR Rates ACSC Margin Advantage Over GRIP and DARR Residential Customers Effective October 1, 2019 Average Monthly Customer Consumption Average Group Consumption Charge Charge Average Bill Monthly Savings ACSC/RRM 47.5 CCF $19.55 $0.17423 $27.83 X Environs 47.5 CCF $19.84 $0.18653 $28.70 $0.87 GRIP ATM GRIP 47.5 CCF $21.69 $0.14846 $28.74 $0.92 DARR 47.5 CCF $21.25 $0.14924 $28.34 $0.51 ORDINANCE NO. 2019-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2019 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP")process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and Ordinance No. 2019-25 -approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC")and Atmos Energy Corp.,Mid-Tex DIVISION regarding the company's 2019 rate review WHEREAS, on about April 1, 2019, Atmos Mid-Tex filed its 2019 RRM rate request with ACSC Cities based on a test year ending December 31, 2018; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2019 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $35.4 million applicable to ACSC Cities; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability(Exhibit C); and WHEREAS,the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of$35.4 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex's 2019 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $35.4 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Ordinance No. 2019-25 -approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC")and Atmos Energy Corp.,Mid-Tex DIVISION regarding the company's 2019 rate review Section 5. That amortization of regulatory liability shall be consistent with the schedule found in attached Exhibit C attached hereto and incorporated herein. Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2019 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2019. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary 2557/31/7897503 Ordinance No. 2019-25 -approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC")and Atmos Energy Corp.,Mid-Tex DIVISION regarding the company's 2019 rate review Exhibit A Rate Tariffs Effective October 1, 2019 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2019 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery,additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 19.55 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $ 19.60 per month Commodity Charge—All Ccf $0.17423 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a)and Part(b), respectively,of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2019. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2019 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $46.50 per month Rider CEE Surcharge $ 0.02 per month2 Total Customer Charge $46.52 per month Commodity Charge—All Ccf $0.09924 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a)and Part(b), respectively,of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2019. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2019 PAGE: Application Applicable to Industrial Customers with a maximum daily usage(MDU)of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $845.50 per month First 0 MMBtu to 1,500 MMBtu $0.3572 per MMBtu Next 3,500 MMBtu $0.2616 per MMBtu All MMBtu over 5,000 MMBtu $0.0561 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a)and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled"Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled"Daily Price Survey"is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2019 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2019 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $845.50 per month First 0 MMBtu to 1,500 MMBtu $0.3572 per MMBtu Next 3,500 MMBtu $0.2616 per MMBtu All MMBtu over 5,000 MMBtu $0.0561 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b)of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance,as defined in the applicable Transportation Agreement,at the end of each month that exceeds 10%of Customer's receipt quantities for the month. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2019 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaffs Gas Daily published for the applicable Gas Day in the table entitled"Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaffs Gas Daily in the table entitled "Daily Price Survey"is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 11/01/2019 PAGE: Provisions for Adjustment The Commodity Charge per Ccf(100 cubic feet)for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene,Austin, Dallas,Waco,and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD)) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi= WNAFi x Where q;;is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 11/01/2019 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.77 0.1487 88.49 0.7036 Austin 9.04 0.1537 201.48 1.0000 Dallas 13.07 0.2202 184.64 1.1385 Waco 8.77 0.1470 135.70 0.7744 Wichita 11.40 0.1468 117.90 0.5943 Falls Weather Normalization Adjustment(WNA)Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas'Gas Services Division,addressed to the Director of thatDivision. Exhibit B 2019 Benchmark for Pensions and Retiree Medical Benefits ATMOS ENERGY CORP.,MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31,2018 Shared Services Mid-Tex Direct Post- Supplemental Post- Line Pension Employment Pension Executive Benefit Employment Adjustment No. Description Account Plan Benefit Plan Account Plan Plan Benefit Plan Total (a) (b) (c) (d) (e) (f) (g) Proposed Benefits Benchmark-Fiscal Year 2019 Willis Towers 1 Watson Report as adjusted(1)(2)(3) $ 2,744,088 $ 2,267,927 $ 4,724,119 $ 193,211 $ 2,621,842 2 Allocation to Mid-Tex 43.48% 43.48% 73.88% 100.00% 73.88% Proposed Benefits Benchmark Costs Allocated to Mid-Tex(Ln 1 x Ln 2) 3 $ 1,193,029 $ 986,012 $ 3,490,241 $ 193,211 $ 1,937,051 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00% 5 Proposed Benefits Benchmark Costs to Approve(Ln 3 x Ln 4)(3) $ 1,193,029 $ 986,012 $ 3,490,241 $ 193,211 $ 1,937,051 $ 7,799,544 6 7 8 Summary of Costs to Approve(1): 9 10 O&M Expense Factor(WP_F-2.3,In 2) 81.35% 81.35% 38.28% 16.24% 38.28% 11 12 13 Total Pension Account Plan $ 970,514 $ 1,336,038 $ 2,306,553 14 Total Post-Employment Benefit Plan $ 802,108 $ 741,489 1,543,597 15 Total Supplemental Executive Benefit Plan $ 31,377 31,377 16 Total(Ln 13+Ln 14+Ln 15) $ 970,514 $ 802,108 $ 1,336,038 $ 31,377 $ 741,489 $ 3,881,527 17 18 Notes: 19 1.Studies not applicable to Mid-Tex or Shared Services are omitted. 20 2.The Company is requesting that the benchmark amount approved by the RRM Cities for future periods include only the expense amount. 21 The amount attributable to capital would continue to be recorded to utility plant through the overhead process as described in the CAM. 22 3.SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. Exhibit C 2019 Amortization Schedule for Regulatory Liability ATMOS ENERGY CORP., MID-TEX DIVISION RATE BASE ADJUSTMENTS TEST YEAR ENDING DECEMBER 31, 2018 AMORTIZATION OF REGULATORY LIABILITY Beginning of Year End of Year Rate Base Rate Base Line Year Ended Adjustment Annual Adjustment No. Dec. 31 Amount(1) Amortization (2) Amount (a) (b) (c) (d) 1 2018 $ 290,043,948 $ - 290,043,948 2 2019 290,043,948 12,085,165 277,958,784 3 2020 277,958,784 12,085,165 265,873,619 4 2021 265,873,619 12,085,165 253,788,455 5 2022 253,788,455 12,085,165 241,703,290 6 2023 241,703,290 12,085,165 229,618,126 7 2024 229,618,126 12,085,165 217,532,961 8 2025 217,532,961 12,085,165 205,447,797 9 2026 205,447,797 12,085,165 193,362,632 10 2027 193,362,632 12,085,165 181,277,468 11 2028 181,277,468 12,085,165 169,192,303 12 2029 169,192,303 12,085,165 157,107,139 13 2030 157,107,139 12,085,165 145,021,974 14 2031 145,021,974 12,085,165 132,936,810 15 2032 132,936,810 12,085,165 120,851,645 16 2033 120,851,645 12,085,165 108,766,481 17 2034 108,766,481 12,085,165 96,681,316 18 2035 96,681,316 12,085,165 84,596,152 19 2036 84,596,152 12,085,165 72,510,987 20 2037 72,510,987 12,085,165 60,425,823 21 2038 60,425,823 12,085,165 48,340,658 22 2039 48,340,658 12,085,165 36,255,494 23 2040 36,255,494 12,085,165 24,170,329 24 2041 24,170,329 12,085,165 12,085,165 25 2042 12,085,165 12,085,165 (0) 27 28 29 Revenue Related Tax Factor 6.71% See WP_F-5.1 Revenue Related Taxes on Annual Amortization *Tax 30 Amortization (see WP_B-6.3) $ 810,653 Factor 31 Related Taxes (see WP_B-6.3) $ 12,905,421 Amortization + Taxes 32 33 Notes: 34 1. The beginning 2018 balance is the September, 2018 balance. The regulatory 35 liability for excess deferred taxes is an estimate. This estimate will be 36 finalized when the Company files its federal tax return in July, 2019. To the 37 extent that this estimate changes with the filing of the Company's tax return, 38 the Company will 'true-up' the amount in the 2020 RRM filing. 39 2. The annual amortization of a 24 year recovery period is based on the 40 Reverse South Georgia Method. 41 3.The Regulatory Liability is recorded to FERC Account 253,Sub Account 27909. Wylie City Council oF 1 AGENDA REPORT Meeting Date: 09/10/19 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: Brent Parker Account Code: Date Prepared: 08/30/19 Exhibits: Subject Consider, and act upon, Ordinance No. 2019-26 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits), and Subsection B (Commercial Charges). Recommendation Motion to approve Ordinance No. 2019-26 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits), and Subsection B (Commercial Charges). Discussion A solid waste and recycling contract renewal was approved with Community Waste Disposal (CWD) effective September 1, 2018. Section 14.02 of the contract outlines the process for rate adjustments. A rate adjustment can be requested based on the consumer price index(CPI),the price of diesel fuel as reported by the Department of Energy, and the disposal costs of the Garland,Texas landfill. CWD has requested a rate adjustment as outlined in the attached letter. The proposed CWD residential trash rate of $9.90/month is a$0.45 increase or 4.76%. If the rate increase were passed on to the resident, the new monthly rate billed including administrative cost would be$13.16,which is a 3.54%increase. Page 1 of 1 Page 2 of 2 City Rate Add. Cart Rank Bulk Wylie- 10/1/19 $ 13.16 $ 4.07 1 Call-in Frisco $ 14.50 $ 11.50 2 Monthly Sachse $ 14.83 $ 7.25 3 Monthly McKinney $ 15.36 $ 6.60 4 Call-in Allen $ 15.59 $ 8.89 5 Call-in Plano $ 16.10 $ 13.25 6 Monthly Murphy $ 16.94 $ 8.00 7 Weekly Rowlett $ 17.85 $ 8.93 8 Weekly Mesquite $ 18.00 9 Weekly Richardson $ 21.00 11 Call-in Garland $ 19.58 $ 6.10 10 Weekly ORDINANCE NO. 2019-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO. 2005-07, AS AMENDED, APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE), SECTION II (GARBAGE, TRASH, AND BRUSH FEES), SUBSECTION A (RESIDENTIAL FEE; DEPOSITS), SUBSECTION B (COMMERCIAL CHARGES); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted a comprehensive fee schedule ("Comprehensive Fee Schedule") for the City of Wylie, Texas ("Wylie"), which is codified in Appendix C to the Wylie Code of Ordinances, Ordinance No. 2005- 07, as amended("Code of Ordinances"); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the following provisions of the Comprehensive Fee Schedule as provided herein: Section II(Garbage, Trash, and Brush Fees), Subsection A(Residential Fee; Deposits), Subsection B (Commercial Charges). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Appendix C (Wylie Comprehensive Fee Schedule)of the Wylie Code of Ordinances. Appendix C(Comprehensive Fee Schedule)of the Code of Ordinances is hereby amended as follows i: WYLIE COMPREHENSIVE FEE SCHEDULE II. GARBAGE, TRASH AND BRUSH FEES. A. Residential Fee; Deposits (1) The collection and removal of garbage, rubbish and brush in one (1) polycart container from residential premises, one (1) time per week and one (1)recycle polycart one (1) time per week, shall be made for a charge of thirteen dollars and sixteen cents ($13.16)per residential unit for each calendar month. Ordinance No. 2019-26 Amendment to the Wylie Comprehensive Fee Schedule Page 1 2093673 (2) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be thirteen dollars and sixteen cents($13.16)per month and shall be charged each month on the utility bill. (3) The following monthly collection fees are based upon the type of establishment or collection, to wit: (a) Duplex,per unit . $13.16 per unit (b) Multifamily $13.16 per unit (c) Residential (multi-family) apartment recycling.$0..74 per unit (c) Trailer park $13.16 per unit (4) Each additional trash polycart $4.07 (5) Each additional recycle polycart $2.30 (6) Replace lost/stolen trash or recycle polycart (each) $94.94 (7) Trash only service deposit(no water or sewer account) $20.00 (8) Residential open top roll off container Delivery- weekday $79.92 Delivery- weekend $102.11 Trip charge (dry run) -weekday $79.92 Trip charge (dry run) -weekend $102.11 Weekly rental $39.32 12 cubic yard per haul—weekday ** $337.59 12 cubic yard per haul—weekend ** $361.03 ** Plus disposal and or excess per ton if over 4,0001bs Disposal rate per ton over 4,000 lbs. payload to 8,000 lbs. $75.96 Plus excess payload weight if over 8,000 lbs. $106.35 B. Commercial Charges. (1) Commercial Hand Collection,per ninety-five (95) gallon polycart Automated Collection Cost: Once (1)per week $27.41 Two (2) carts once (1)per week $52.08 Each additional cart there after $23.93 Recycle cart $12.14 Commercial customers shall be required to make a deposit equivalent to three (3) months' charges, or a minimum thirty-six dollars ($36.00). Ordinance No. 2019-26 Amendment to the Wylie Comprehensive Fee Schedule Page 2 2093673 (2) Front Load Container Rates: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 cu yd $67.45 $144.02 $252.20 $351.88 $456.69 $563.19 3 cu yd $92.97 $173.20 $274.21 $379.81 $512.01 $608.24 4 cu yd $111.72 $208.81 $292.81 $407.76 $524.93 $651.04 6 cu yd $130.33 $238.65 $335.15 $461.73 $600.08 $741.16 8 cu yd $145.56 $273.95 $377.42 $517.57 $669.68 $829.04 (3) Additional Charges: Additional charge of$9.87 per pick up for containers on Casters Additional charge of$9.87 per pick up for containers with 4 sided enclosures Additional charge of$9.87 per pick up for containers with locks 8 cubic yard cardboard recycling container 1 X per week $90.96 8 cubic yard cardboard recycling container 2 X per week $187.21 Front load container exchange charge $90.21 (4) Extra Pick-Ups: 2 cubic yard $57.26 3 cubic yard $58.54 4 cubic yard $59.80 6 cubic yard $62.36 8 cubic yard $63.64 (5) Refills: 2 cubic yard $44.54 3 cubic yard $45.81 4 cubic yard $47.08 6 cubic yard $49.63 8 cubic yard $50.93 (6) Open Top Rolloff Containers: Delivery- weekday $438.82 Delivery- weekend $475.06 Trip charge (dry run) -weekday $438.82 Trip charge(dry run) - weekend $475.06 Monthly Rental $266.85 20 cubic yard per haul - weekday $604.49 20 cubic yard per haul - weekend $644.07 30 cubic yard per haul - weekday $617.71 30 cubic yard per haul - weekend $657.27 Ordinance No. 2019-26 Amendment to the Wylie Comprehensive Fee Schedule Page 3 2093673 40 cubic yard per haul - weekday $657.27 40 cubic yard per haul - weekend $696.88 Additional disposal fee per ton if over 8,0001bs $38.98 (7) Front Load Compactors (Rate per Pick Up): 6 cubic yard $76.80 8 cubic yard $86.27 (8) Roll Off Compactors: Trip charge (dry run) -weekday $422.78 Trip charge(dry run) - weekend $457.44 30 cubic yard compactor haul charge- weekday $617.71 30 cubic yard compactor haul charge - weekend $657.27 35 cubic yard compactor haul charge- weekday $617.71 35 cubic yard compactor haul charge - weekend $657.27 42 cubic yard compactor haul charge- weekday $617.71 42 cubic yard compactor haul charge - weekend $657.27 Additional disposal fee per ton if over 8,0001bs $38.98 (9) Returned Check Charge $26.31 (10) COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT (WISD) Front Load Container Rates: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 cu yd $80.98 $154.79 $215.61 $300.88 $390.49 $4481.55 3 cu yd 89.72 $169.30 $234.42 $324.73 $437.75 $520.07 4 cu yd $95.52 $177.99 $250.38 $348.61 $448.26 $556.66 6 cu yd $111.44 $204.02 $286.53 $394.78 $513.03 $633.71 8 cu yd $124.47 $230.10 $322.71 $442.55 $572.59 $708.81 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax does not apply.... SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No. 2019-26 Amendment to the Wylie Comprehensive Fee Schedule Page 4 2093673 SECTION 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of September, 2019. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Dates to be published in The Wylie News—September 18,2019 Ordinance No. 2019-26 Amendment to the Wylie Comprehensive Fee Schedule Page 5 2093673 Community Waste DisposeLoom smc,1984 August 16, 2019 Brent Parker Assistant City Manager City of Wylie 300 Country Club Rd Bldg 100 Wylie, IX 75098-3000 RE: Request for Market Adjustment Effective October 01,2019 Dear Brent: In accordance with the Solid Waste & Recycling Contract, Community Waste Disposal (CWD) may request an annual market adjustment. This notice is to inform you of our request for a Market Adjustment effective October 01, 2019. Attached is a new 2019 schedule "A- outlining the changes in rates, the 1. .S. Department of I abor information regarding the CPI index. the DOE regional fuel prices for 2018 & 2019 and a worksheet that recaps the changes in disposal, fuel and landfill. Fhe information below reflects a sample of the adjustments for Wylie's customer base. 2018 Residential rate $ 9.45 2018 Commercial lx8x1 $ 138.81 2019 Residential rate $ 9.90 2019 Commercial 1 x8x1 $ 145.56 2018 Additional Carts each $ 3.90 2018 Commercial 35 SC I laul $ 576.33 2019 Additional Carts each $4.07 2019 Commercial 35 SC Haul $ 617.71 If you have any question concerning this matter please contact CWD's Municipal Coordinator, Robert Medigovich at 972.392.9300 ext.2260 or on his cell at 972.333.6106. Since ely, David Dalrymple Accounts Receivable Manager Enc: ('P1 Statistical Summary Data DOL Regional Diesel I tie!Prices Adjustment Worksheet 'scheduk. X CC uteg Roemer Dale Pound Robert Medigovich 2010 Califorma Cross rig Dallas, Texas 75220 2310 telephone 972.392.9300 817 795 9300 972.392 9301 2019 CITY of WYLIE Schedule "A" 2018 Wyllie 2018 2019 2019 Wylie Solid Waste Collection and Recycling Services CPI Fuel Disposal Total Customer Net Rate to Net Rate to Customer y g Rale CWD Adjustment Adjustment Adjustment Adjustment CWD Rate 2.70% -7.42% 14.29% Note;CWD considers this material as proprietary rale Information that could affect their rompetiverrnss If the wa.sto services contract goes to competitive bid process.Therefore,CWD requests that their extension request letters and all associated discussion information to be exempt from public disclosure,CWD request this Information Is exempt from Public Records;and is only allowed to be part of Public Records,after a ruling of the Attorney General of Texas. . _.. Residential Collection ..omen a justment 4.% r% .. .3.5: - - Residential Trash Rate to Residents(once a week) NtA 55.39 50.07 -SO 08 50.25 50.30 55 69 NIA Additional Residential Trash Cart Pricing(Each) N/A 53.90 S0.05 -50.06 50.18 50.17 t 5407 NIA Percent Adjustment 4." 69% ^a 20% .11% _nt_o Residential Recycling Rate to Residents(once a week) NIA 5282 50,05 -50,04 50.04 S0.08 52.90 NIA Additional Residential Recycling Cart Pricing(Each) NIA 52.25 50.04 -50.03 $0.04 SO 05 52.30 NIA -_Percent of Adjuotment _46%. 10% .32% Extreme Green Events(two per year) NtA _ 50.44 50.01 50.(tO $0.02 _ SO.03 $0,47 NIA Percent of l djustnfent 48% 20% 32% Bulky Waste Coitection(en schedule monthly) NIA I S0.80 50.01 -SO.01 50.04 $0.04 50.84 NtA Percent of Adjustment__: 10051. ' 0% 0%. Replace lost/stolen Trash or Recycle Cart(Each) 592.44 I 587.82 52.37 50.00 �- 50.00 _ $2.37 590.19 594.94 __ .... Commercial Cart - ',Percent of Adjustment 48% 20% .. 32% First Trash Poly-Cart 526.26 524.95 $0,32 S11.37 51.14 $1,09 526.04 527.41 Two Trash(2)Poly-Carts $49.89 547.40 $0.61 -SO.70 52,17 5208 $49.48 552,08 Price for Each additional Trash Poly-Carl There After 522.92 $21,77 50.28 -SO 32 $1,00 50.96 522,73 523,93 ____Percent of Adjustment. e9% 20% 11%_-- Recycle Poly-Cart $11.91 I 511.31 S0.21 -50.17 50.18 SO22 511.53 $12.14,,, Residential(multi famll5)Apartment Rsryclln Percent of Adjustment 69% 20% 11% Price Per Apartment Unit J 50.73 I S0 69 $0 01 50.01 50.01 50.01 $0.70 50.74 _ - Front Load Commercial Trash Container Services Percent ef)ii justment� 57% '�- 175+.---- 305 2 Cubic Yard Container o One time per week 561.11 561.11 50.94 -50.59 52 62 $2.97 564,08 567,45 Two times per week - $130.48 5130,48 52 01 -51.26 55.59 $6.34 5136,82 - 5144.07 Three times per week 5240.51 5228.48 53.52 -52.20 59.79 511.11 5239.59 525220 - Four times per week $335,57 5318.79 54.91 -53.08 $13.67 $15.50 $334.29 5351,08 Five times par week - $435.52 5413.74 56 37 -53 99 517,74 520.12 5433.86 5456,69 Six times per week $537.03 5510.23 57.85 -54.92 $21.87 524.80 5535.03 5503.19 3 Cubic Yard Container One time per week 584.22 584.22 - 51.30 -50.81 53.61 $4.10 588.32 $92.97 Two times per week 5156.91 5156.91 52.41 -51.51 56.73 57.63 5164.54 $173.20 Three times per week $261.51 5248.43 53.82 42.40 510.65 $12.07 5260.50 $274.21 Four times per week 5362.20 5344.09 55.30 -53.32 514,75 $16.73 5360.82 5379.81 Five times per week 5463 26 5463.85 57.14 -54.47 519.89 522.56 5486,41 5512,01 Six times per week 5580 05 5551.05 58.48 -55.32 $23.62 $26.78 5577.83 $603.24 4 Cubic Yard Container One time per week 5106.54 5101.21 51.56 -50.98 54,.34 $4.92 $106.13 $111.72 Two time r week 5199..13 5189.17 52.91 41.82 58,11 59.20 5198.37 5209.81 Three times per week 5279,24 5265.26 54.08 -52.56 $11.37 $12.89 $278.17 5292.81 Four times per week - $339.84 5369.40 55.69 -53.56 515.84 517.97 5387.37 5407,76 Five times per week 5500.59 5475.56 57.32 -54.59 520.39 $23.12 5496.68 $524.93 Six times per week $620.85 5589.81 1 59.08 ' -S5.69 525.29 528.68 ' 5618,49 $651,04 - 6 Cubic Yard Container One time per week 9124.28 , 5118 07 51.82 -51.14 5506 55.74 5123.81 5130,33 Two times per week 5227.59 $216.21 $3.33 -52.09 59.27 _ 510.51 $226,72 5233.65 Three times per week - $319.59 $303.61 $4,67 -52.93 $13.02 514.76 5318.37 5335.13 Four times per week 5440,32 5418,30 , $6.44 -54.03 517.93 $20.34 5438.64 $461.73 Five times per week $572,25 5543.64 58.37 -$5.24 $23.31 526.44 $570.08 $600.08 Six times per week $706.80 5671.46 - 510,33 -56.48 528.79 532.64 5704.10 $741 16 8 Cubic Yard Container _ One lime per week $138.81 5131.87 52.03 -51.27 55 65 $6.41 513828 $145.56 Two times per week 5261.24 $248.18 53.82 -52.39 $10.64 $12.07 $260.25 $273.95 Three times per week $359.93 $341.93 55.26 -53 30 514,66 516.62 5358.55 5377.42 Four times per week 5493.57 5468.89 $7.22 -54 52 520.10 522.80 5491.69 $517.57 Five times par week 56]8,6] 5606.70 $9.34 -$5.85 526.01 529.50 5636.20 5669.68 Six times per week $790.60 5751.07 511.56 -57.24 532.20 536.52 5787.59 $829,04 Extra Pick-Ups 2 cu.Yd.Containers - $54.61 $51.88 $0.80 -50.50 52..22 52.52 $54.40 $57,26 - 3 cu.Yd.Containers $55.82 553.03 50.82 -50.51 52.27 $2.58 555.61 558.54 - 4 cu.Yd Containers 557.03 554.18 50.83 -50.52 52,32 _ 52.63 $56.81 559.80 6 cu.Yd,Containers _ 559A6 $56.49 50.87 -S0.54 52.42 52.75 559.24 $62.36 8 cu,yd,Containers 560,69 557.66 50.89 -$0.56 52.47 $2.80 560.46 563 64 Refills _ 2 cu.Yd.Containers _ 542.47 $40.35 50.62 -50.39 51.73 $1.96 $42.31 $44.54 3 cu.Yd,Containers - $43.68 541.50 50.64 -$0.40 51.78 52.02 543.52 $45.81 4 cu.Yd,Containers _ $4469 $42.65_ $0,66 -50 41 51.83 52.08 544,73 547,08 6 cu.Yd.Containers 547.33 544.96 $0.69 -50.43 51.93 $2.19 547.15 $49.63 _ 8 cu.Yd.Containers $48.56 546.13 $0.71 -SO 44 $1,98 $2.25 548.38 $50,93 Page 1 of 3 2019 CITY of WYLIE Schedule "A" 2018 Wylie 2018 2019 2019 Wylie Solid Waste Collection and Recycling ServicesCPI Fuel Disposal Total Customer Net Rate to Net Rate m Customer y g Rate CWD AlAdjusmen Adjustment Adjustment Adjustment CWD _ Rotor 2.70% -7.42% 14.29% • Note-CWD considers this material as proprietary rate information that could affect their competivenoss If the waste services contract goes to competitive bid process.Therefore,CWD requests that their ' extension request letters and ail associated discussion Information to be exempt from public disc/ester?,CWD request this information is exempt from Pubic Records,and is only allowed to be part of Public Records,after a ruling of the Attorney General of Texas. ,_ _8 Yard Front Load Compactor{Rate perPick Uyt - - ''Percent Adjustment '• 38% 'r .12% 50%' > . 6 Cubic Yard $71.59 568 01 50.70 -50 61 - 54.8"6 $4,95 572.96 _ f76.80 8 Cubic Yard $80.4'2 576.40 $0.78 -50.68 55.46 S5.56 581.96 $86 27 - - Front Load Cardboard Container(OCCI _Percent of Adjustment 60% ' . 20%' _- 11% One time per week 589,22 584.76 51.58 -51.26 51.33 51.65 586.41 $90.96 Two limes per week 5183,63 $174.45 $3.25 -$2.59 $2.74 $3.40 $177.85 5187.21 Commercial Special Services _ Percent of Adjustment -: 100%" : , 0% 0% Container Inside Four Side Enclosures-Per Pick-Up Per Container $9.61 $9.13 50.25 50.00 $0.00 50.25 59.38 $9,87 Caster-(<4 cu.Yd.)Per Pick-up"Per Container $9.61 59.13 $0.25 $0.00 50.00 $0.25 $9.38 59.87 Locks-Per Pick Up.Per Container 59,61 $9,13 50.25 $0.00 50.00 50.25 59.38 $9,87 Percent of Adjustment 1_ 88%... a: 12% ,' 0% Front Load Container Exchange Charge $63.68 $84,44 52.01 -50.75 50.00 $1 26 585.70 $90.21 Roll Off Compactors percent of Adjustment j "88% 12% : -0% - Trip Charge(Dry Run)-weekday $416.69 $395.76 59.40 s -$3 52 S0.00 5568 $401,64 5422.78 Trip Charge IDry Run)-weekend $450.75 5428.21 $10.17 -53.81 $0.00 56.36 5434.57 $457.44 PercentofAdjustment 37% 13% _ S0$".-- - 30 Cubic Yard Per Haul-weekday" $576,33 5547,51 55.47 -55.28 $39.12 539,31 5586.82 $617.71 30 Cubic Yard Per Haul•weekend" $613,24 $582.58 55.82 -55.62 $41.63 $41.83 5624.41 $657.27 ' 35 Cubic Yard Per Haul-weekday" 5576.33 $547,51 55.47 -55.28 539.12 539.31 5586.82 _ $617.71 _ 35 Cubic Yard Per Haul-weekend" 5613.24 $582,58 $582 -55.62 541.63 $41.83 $624,41 $657.27 42 Cubic Yard Per Haul-weekday** 5576.33 5547.51 $5.47 -5520 539.12 $39.31 5586.82 $617.71 42 Cubic Yard Per Haul-weekend" $613.24 5582.58 55.82 -55.62 541.63 541 83 5624.41 $657.27 ' Plus Disposal Per Ton If over 8,000 Ibis Percent of Adjustment ,_ 0% 0% 190% Disposal Per Ton 534.11 $32.40 $0.00 $0.00 $4.63 $4.63 $37,03 $30.98 Open Top Roll Off Containers -Percent of Adjustment ` 88% - -12% 0%- Delivery•weekday $432,40 $410,78 $9.76 -53.66 $0.00 56,10 $416.88 - $438.82 Delivery-weekend 5468.11 _ 5444.70 510.57 -5396 $0.00 56.61 - 5451,31 $475.08 Trip Charge(Dry Run)-weekday 5432A0 5410.78 $9.76 -53.66 $0.00 56.10 5416.88 ,_ 5439.82 Trip Charge(Dry Run)•weekend 5468.11 $444.70 510.57 -53.96 $0.00 56.61 $451.31 $475.06 Percent of Ad xatment - 100% 0% +" 0% Monthly Rental $259.04 a $246,65 56.66 $0,00 50.00 56.66 6253.51 5266,85 ' Percent of Adjustment. . 37% _ t; 13%- F 50% 20 Cubic Yard Per Haul-weekday" 8564.01 553581 $5,35 -55.17 $38.28 538.46 $574,.27 5604.49 20 Cubic Yard Per Haul-weekend" $600.94 5570.89 55.70 -55,51 540.79 540.98 5611.87 $644,07 30 Cubic Yard Per Haul-weekday" 5576.33 $547.51 55.47 -55.28 539.12 $39.31 $586,82 $617.71 30 Cubic Yard Per Haul-weekend" $613.24 $582.58 55.82 -55.62 $41.63 $41.83 5624.41 5667.27 40 Cubic Yard Per Haul-weekday" $613.24 $582.58 55 82 -55 62 541,63 $41.83 $624,41 $657,27 ' 40 Cubic Yard Per Haul-weekend" $660,21 5617.70 $6.17 -55.96 544,13 544.34 $662.04 $696.88 Plus Disposal Per Ton I1 over 8.000 Ibis Percent of Adjustment. . 0% 0% 100% Disposal Per Ton 534,11 532.40 50,00 _ $0.00 54.63 $4.63 537,03 $38.98 Residential O•en Top Roll Off Containers Percent of Adjustment 88% . j 12% _ 0% , Delivery-weekday $78.75 $74.81 51.78 40.67 50.00 51.11 - 575.92 $79,92 Delivery-weekend $100.61 595.58 $2.27 -50.85 $0.00 51.42 $97.00 5102.11 Trip Charge(Dry Run)-weekday $78.75 574.81 $1.78 -50.67 50.00 $1,11 $75.92 _ 579.92 Trip Charge IDry Run)-weekend 5100.61 - $95.58 52.27 -50.85 50.00 51.42 $97,00 - $102.11 - Percent-of Adjustment- 100% 0%__ ,, 0%- a Weekly Rental 838.28 $36.37 5098 5000 50.00 50.98 $37,35 $39.32 Percent of-Adjustment 37% 13%- ' " 50% - • 12 Cubic Yard Per Haul-weekday" 5314.98 529923 52.99 -$2.89 521.38 - 52148 5320.71 5337.59 12 Cubic Yard Per Haul-weekend" 5336.85 5320,01 $3.20 -$3.09 522.86 $22,97 5342.98 5361.03 "Plus Disposal and or Excess Per Ton it over 4,000 lb`s Percent of Adjustment _ "0%. 7 - 0% 105% - Disposal rate per ton if over 4.000 lbs payload to 8.000 lbs 566,46 563.14 $0.00 50.00 $9.02 59 02 $72.16 $75,95 plus Excess Payload Weight i1 payload exceeds 8,000 Ibis $93.05 588.40 50.00 50.00 512.63 512,63 5101.03 5106.35 Special Collections .. _ ..Other Charges Returned Checks $26,31 525.00 50.00 50,00 50,00 $0.00 525.00 $26.31 City Services . Solid Waste Removal Service at: City Hall,Police Station,Fire Stations.Service Center and other Municipal facilities as needed N/C NIC NIC NIC NIC NIC NIC NfC Ten(10)thirty(301 yard roll off containers three(3)times per year NIC NIC NIC WC NIC N/C N/C NIC for the Ciry of Wylie to be used for annual clean up protect Curbside collection of Christmas Trees NIC N/C N/C N/C NIC NM N/C NIC two times during a two week period and delivery to the recycling center. , Page 2 of 2019 CITY of WYLIE Schedule "A" 2018 Wylie 2018 2019 2919 Wylie Solid Waste Collection and Recycling Services CPI Fuel Disposal Total Customer Net Rate to Net Rate to Customer y g Rate CWD Adjustment Adjustment Adjustment Adjustment CWD Role 2.70% -7 42% 14.29% Note:CWD considers this material as proprietary rate information that could affect their compehveness if the waste services contract goes to compotdtine bid process.Therefore,CWD requests that their extension request letters and all associated discussion information to be exempt from public disclosure.CWD request this information is exempt from Public Records,and is oaay allowed to be parr of Public Records,after a ruling of the Attorney General of Texas. 2018 -I 019 Wylie I.S.D. Solid Waste Collection 26,6wy1°° Net Rate to CPI Fuel DispoAdjustment Total Net Rate 2019 Wylie Y LSD,Rate CWD Adjustment Adjustment Adjustment Adjustment CWD I.S.D.Rate Front Load Commercial Trash Container Services 2 Cubic Yard Container ' Percent of Adjustment 57'4 _ .,`,. 13X 30% One time ear week $77,22 $77.22 $1.19 , 49.74 53.31 53.76 S80.98 $80.90 Two limas per week $147.61 5147.61 52.27 -51.42 $6.33 57,18 5154.79 $154.79 Three times per week $205,62 $205.62 53.16 -$1.98 58.81 59.99 $215.51 $215.61 Four times per week $286,93 5286.93 $4.42 -52,77 $12.30 $13 95 5300,88 $390,93 Five times per week $372,19 $372.39 S5 73 -53.59 515..96 518.10 $390.49 5390.49 Six times per week $459.22 $459.22 57.07 -$4.43 $19.09 $22.33 $481.55 1481.55 3 Cubic Yard Container One lime pee week $85,56 $85,56 $1,32 -$0,83 53 67 54.16 589.72 $89.72 Two times per week $161.46 $161,46 $2.48 -$1.56 $6,92 $7.84 $169.30 $169.30 Three times per week $223.56 5223 56 53.44 -$2,16 $9.58 $10.86 5234.42 $234,42 Four times per week $309.67 5369.67 5417 -$2.99 _ $13.28 $15 06 $324.73 5324.73 Five times per week $417,46 5417.46 56.42 -$4.03 $17.90 520.29 5437,75 $437,75 Six limes per week $495,96 $495.96 S7.63 -54.78 $21.26 524.11 $520.07 $520.07 4 Cubic Yard Container One lime per week $91.09 591.09 S1.40 -50.08 53 91 $4,43 $95 52 $95,52 Two times per week $169.74 $169.74 52.61 -$1.64 57 28 58.25 5177.99 5177.99 Three limes per week $238,77 5238.77 53,67 -52.30 510.24 $11 61 $250.38 5250,39 Four times per week $332,45 5332.45 $5.12 -$3.21 $14.25 516.16 5348.61 $348,61 _ Five times per week 5427 47 5427,47 56.58 -54.12 518.33 $20 79 5448.26 S448,26 Six times per week $530.05 5530.85 $8.17 45.12 522.76 $25.81 5556.66 $556.66 • 6 Cubic Yard Container _ One time per week $106.20 $106.26 $1,64 -51.02 54 56 55.18 $111,44 $111.44 Two times per week - $194.5'7 5194 57 52.99 -$1,08 $8 34 59.45 5204.02 $284,02 Three times per week $273.25 527325 54.21 -$2.64 511,71 513.28 $286.53 $216.53 Four times per week $376.48 5376.48 55.79 -S363 516.14 $18.30 5394.78 $394,76 Five times per week $489.25 $489.25 $7.53 -$4.72 520.97 523.78 $513.03 $513.03 Six limes per week $604.33 5604.33 59.30 -55.83 525.91 $29.38 $633.71 $633.71 8 Cubic Yard Container One time per week $118.69 5118.69 $1,83 -$1.14 $5.09 $5,78 5124.47 $124.47 Two times per week 5219,43 5219.43 $3.38 -52.12 59,41 $10.67 5230.10 S230.10 Three limesper week - $307,75 $307.75 S4,74 -52,97 $13,19 514,96 5322.71 $312.71 Four times per week $422.03 5422.03 $6.50 -$4.07 518 09 520.52 5442.55 $44255 Five times per week $546.05 5546.05 58.40 -$5 27 $23.41 $26,54 $572.59 $572.59 Six limes per week $675,95 5675.95 $10.40 -16,52 528.98 532.86 5708.81 $708.81 Page 3ot3 WYLIE MARKET ADJUSTMENT WORKSHEET Note:CWD considers this material as proprietary rate information that could affect their competiveness if the waste services contract goes to competitive bid process. Therefore, CWD requests that their extension request letters and all associated discussion information to be exempt from public disclosure. CWD request this information is exempt from Public Records, and is only allowed to be part of Public Records, after a ruling of the Attorney General of Texas. Fuel worksheet May,June& May,June& July of 2018_July of 2019 TNeek 1 2.997 2.793 Landfill Information Week 2 2.993 2.804 Landfill Prior 35.00 Week 3 3.004 2.805 Current 40.00 Week 4 3.004 2.084 Difference in$ 5.00 Week 5 3.002 2.803 Percentage 14.29% Week 6 2.978 2.797 Week 7 3.016 2.820 I CPI Information Week 8 3.037 2.843 CPI July 18 237.289 Week 9 3.055 2.875 CPI July 19 243.642 Week 10 3.054 2.893 2019 less 2018 6.353 Week 11 3.055 2.907 L Percentage 2.7% Week 12 3.012 2.905 Week 13 2.955 2.927 Average 3.012 2.789 Dollar Change (0.224) Percent of Change -7.42% INDEX CHANGE CPI% 2.7% Fuel % -7.42% Disposal% 14.29% R/O Excessive F/L R/0 Weight Resi Trash Resi Rcy CPI 57% 37% 0% 48% 69% Fuel 13% 13% 0% 20% 20% Disposal 30% 50% 100% 32% 11% 100% 100% 100% 100% 100% R/O Excessive F/L R/O Weight Resi Trash Resi Rcy CPI 1.54% 1.00% 0.00% 1.30% 1.86% Fuel -0.96% -0.96% 0.00% -1.48% -1.48% Disposal 4.29% 7.14% 14.29% 4.57% 1.57% Total 4.86% 7.18% 14.29% 4.38% 1.95% P:\123DATA\David Dalrymple\Cities\Wylie\Annual adjustment worksheet Bureau of Labor Statistics Data Page 1 of 2 Lisil.larisis EtQ I About BLS I contact Us Subscribe to E-mail Updates Ea Follow Us J I What's New I Release Calendar I Slog Search 81.S.gov Home Subjects I Data Tools I Publications I Economic Releases I Students I Beta I Databases, Tables & Calculators by Subject Change Output Options: From:[763 .31 To aqi:S%1 Li include graphs El include annual averages Mora Formatting Op Jammu*. Data extracted on:August:16,2019(8:47:24 AM) CPI-All Urban Consumers(Current Series) Series Id: CU1JRS37ASAOLE,CUUSS3jASAOLE Not Seasonally Adjusted Series Title: All items less energy in Dallas-Fort Barth-Arlington, TX, ail urban consumers, not seasonally adjusted Area: Dallas-Fort Worth-Arlington, TX Item: All items less energy Base Period: 1982-84100 Download:03 Kist Year Jan Feb: Mar Apr May Jun Jul :Aug Sep ,Oct Nov Dec Annual HALF1 HALFZ 2009 202.159 203.731 202.206 202.308, 203.781 203.699 203.043 202.711 203.376 2010:203.673 :203.572 202.918 201.472 203.649 202.999 203.065 203.204 202.926 2011 204.112 206.036 206.064 206.418 207.691 ;209.171 206.797 205.596:207.998 2012 209.278 210,745 211.017 211.076 212.619 213.603 211.587 210.496 212.679 2013 214.034 215.132 214,590 215.479 216.630 216.241 215.472:214.706 216.239 2014 216.948 218.185 218.293 218.085 218.872 219.281 218.398 217.903 218.893 2015 219,851 221.760 :221.630 221.408 222.473 223.021 221.817 221.209 222.425 2016,224.102 225.823 226,910; 227.315 227.995 228.292 226.940 225.868:228.013 2017 228.486 229.667 230.934 231.424 233.624 234.845 231,645 229.824 233.467 2018 234.774 235.907 237.847 237.289 :238.686 240.358 237.587 236.353 238.822 2019 241.185 242.060 241.921 243.642 242.075 12-Month Percent Change Series Id: 000RS37ASADLE,CU0ST3TASAOLE Not Seasonally Adjusted Series Title: All items less energy in Dallas-Fort Worth-Arlington, TX, all urban consumers, not seasonally adjusted Area: Dallas-Fort WorthaArlingtan, TX Item: All items less energy Base Period: 1982-64alaJa Download:CO!At Year,Jan Feb Mar Apr:May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2009 3.1 3.7 2.5 1.8 1.7 1.0 2.2 3.0 1.4 2010 0.7 ;-0.1 0.4 -0.4 -0.1 -0.3 0.0 0.2 -0.2 2011 0.2 1.2 1.6 2.5 2.0 3.0 1.8 1.2 2.5 2012 2.5 2.3 2.4 2.3 2.4 2.1 2.3 2.4 2.3 2013 2.3 2.1 1.7 2.1 1.9 1.2 1.8 2.0 1.7 2014 1.4 1.4 1.7 1.2 1.0 1.4 1.4 1.5 1.2 2015 1.3 1.6 1.5 1.5 1.6 1.7 1.6 1.5 1.6 2016 1.9 1.8 2.4 2.7 2.5 2.4 2.3 2.1 2.5 2017 2.0 1.7 1.8 1.8 2.5 2.9 2.1 1.8 2.4 2018 2.8 2.7 3.0 2.5 2.2 2.3 2.6 2.8 2.3 2019 2.7 2.6 1.7 2.4 TOOLS CALCULATORS HELP INFO RESOURCES ABOUT THIS SITE Areas at a Stance bifflateat Help 8:TWOMIIS What's Hem inspector Cenetal(Mat Bfeestom art friffainatert Act idustries at a Ganes Metre And Webs Was Curses Art BLS BaBeett and Performance Presto&Security Statement Economic Releases Glossary Feat M DOB No Fear Act Destammets Databases&Tables Abate BLS Joe our Met op I sts USA gee Customer Stacey Mops Contact Us Linking e.Copyright Into Benefits goy impoi tare We: See Hoboes https://data.b1s.govipdq/SurveyOutputServlet 8/16/2019 ^ Pugc3p[5 unload themselves with proof of residency (current driver's |icenoe, and recent City utility bill). If you cannot supply proof of residency, you will be charged a non-refundable fee. There is a minimum charge of $10. The waste nnua[ oornm from the home in which the resident resides. Additional payment types include" ^ Cosh ^ Debit/major credit cards accepted except American Express ^ Local pre-printed checks Rowlett residents will be allowed to dispose of debris, without charge, twice within a calendar year at the Hinton Landfill and Transfer Station in Garland by obtaining a "Landfill Pass" from the City of Rowlett Read about Roxx|ott's Landfill Pass Information (PDF). residentsprivate waste haulers and customers with commercially'wgenerated ' / waste will be charged a per-ton fee based on the weight of the load. • Automatic Dump Trailers & Vehicles: $40 per ton /\ security deposit is required, There ioo minimum charge of$1& Payment Types Ancapted� ^ All major credit cards accepted except American Express ^ Cash ^ Local checks, Bring a copy of the driver's license of the parson who signed the chock The Hinton Landfill has different hours of operation during the week and weekends, Always allow yourself enough time to unload before the landfill closes. Use of Scales • Residential and commercial customers may utilize both inbound scales, ^ A\| renidents, oornrneroie| cuatorners, and visitors must check in with scale attendant, ^ One vehicle on the scale ototime. • Commercial customers and non-Garland residents must provide license plate number to scale attendant, Secure Loads °ZO biip:/6wvvvv.gur}uodcnvironmcn1u|vvuutc.co�/'59Z/C,M-lUo1on'Jr'Regional- .undU)| 2019 DOE Regional Diesel Fuel Prices Transport Topics Page 1 of 3 Interactive Graph I DOE Diesel Prices I Comdata and T-Chek Averages I Fuel News 2019 DOE Regional Diesel Fuel Prices 2019 U.S. East New Central Lower Gulf Rocky West Date Midwest California Average Coast England Atlantic Atlantic Coast Mountain Coast 7/29 3,034 3.059* 3.106 3.246 2.924 2 940 2,793 2,967 3.606 3.940 7/22 3.044 3.072 3.122 3.259 2.937 2,948 2.804 2 978 3,611 3.939 7/15 3 051 3.080 3.131 3.272 2.941 2,956 2.805 2.975 3.624 3.952 7/8 3.055 3.081 3.134 3 275 2.940 2,968 2,804 2 980 3.624 3.953 7/1 3 042 3 080 3,135 3.270 2 941 2,924 2 803 2,998 3 628 3.963 6/24 3,043 3.079 3.136 3.258 2.946 2,926 2,797 3.030 3.631 3.968 6/17 3 070 3.099 3.153 3.282 2.964 2.957 2.820 3.072 3,666 4.006 6/10 3 105 3.125 3.185 3.308 2.989 3,002 2.843 3,114 3.715 4 058 6/3 3 136 3 153 3.219 3.344 3,011 3.026 2.875 3.163 3,760 4.109 5/27 3.151 3.164 3.225 3.360 3,020 3 038 2.893 3,181 3 782 4.134 5/20 3.163 3.176 3,238 3.375 3 030 3 049 2.907 3,192 3.794 4,145 5/13 3.160 3,176 3,238 3.365 3 035 3 046 2,905 3,181 3,790 4.136 5/6 3 171 3 190 3.245 3,379 3.051 3,064 2.927 3 186 3.765 4,097 4/29 3.169 3,194 3.236 3 385 3.057 3,058 2.939 3.183 3.730 4.035 4/22 3 147 3.174 3,217 3,370 3.033 3.042 2.917 3.143 3 696 4 003 4/15 3.118 3,153 3.205 3,342 3.015 3.010 2.899 3,082 3.651 3,967 4/8 3.093 3.137 3,193 3.324 2.998 2.993 2.879 3.028 3.591 3.910 4/1 3.078 3.127 3.196 3,309 2.991 2.984 2.872 3.007 3.541 3,849 https://www.ttnews.com/2019-doe-regional-diesel-fuel-prices 7/31/2019 2018 DOE Regional Diesel Fuel Prices Transport Topics Page 1 of 3 Interactive Graph I DOE Diesel Prices I Comdata and T-Chek Averages I Fuel News I is I " I I I I I6 ri • 2018 US, East New Central Lower Gulf Rocky West Date Midwest California Average Coast England Atlantic Atlantic Coast Mountain Coast 7/30 3,226 3.223 3.274 3 390 3.096 3.156 2.997 3 361 3.720 3.945 7/23 3,220 3.217 3.269 3 389 3.087 3.142 2.993 3,369 3.718 3.943 7/16 3 239 3,236 3.283 3,405 3.108 3.171 3.004 3.370 3 741 3.968 7/9 3.243 3 238 3.279 3,405 3.112 3.176 3.004 3.370 3.749 3 970 7/2 3,236 3,226 3.282 3.390 3,102 3.171 3.002 3.358 3,746 3.960 6/25 3.216 3.215 3.281 3.380 3.086 3,143 2.978 3.321 3 735 3.959 6/18 3.244 3 240 3.290 3.397 3.121 3 173 3,016 3.339 3.753 3.976 6/11 3.266 3.264 3.292 3 420 3.148 3.199 3.037 3 344 3.769 3.990 6/4 3.285 3.282 3.302 3.442 3,166 3 224 3.055 3.359 3.784 4.003 5/28 3.288 3,287 3.307 3 443 3.174 3.230 3.054 3.353 3.784 3.997 5/21 3.277 3.271 3.282 3 420 3 163 3.218 3.055 3 348 3.765 3.973 5/14 3.239 3,236 3.251 3.380 3 132 3.175 3,012 3.316 3.731 3.929 5/7 3,171 3.178 3.215 3,336 3 061 3 092 2,955 3.249 3.662 2.845 4/30 3.157 3.162 3.203 3.321 3.042 3.083 2,946 3.215 3.640 3.834 4/23 3.133 3.142 3.171 3.295 3 028 3 047 2.936 3.181 3.616 3.815 4/16 3.104 3,116 3.149 3.275 2.998 3.016 2.910 3.137 3.583 3,787 4/9 3 043 3.066 3.116 3.232 2 939 2,957 2.844 3.086 3.500 3 717 4/2 3 042 3.066 3.117 3,233 2.938 2.962 2 851 3.044 3.487 3,714 http://wvvw.ttnews.corn/20 1 8-doe-regional-diesel-fuel-prices 8/1/2018 Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 10, 2019 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: All Funds Summary, Budget Date Prepared: August 30, 2019 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2019-27 adopting a budget and appropriating resources for Fiscal Year 2019-2020, beginning October 1, 2019 and ending September 30,2020. Recommendation Motion to approve Ordinance No. 2019-27 adopting the budget and appropriating resources for Fiscal. Year 2019-2020, beginning October 1, 2019 and ending September 30, 2020. Discussion The tax rate proposed for the FY2019-2020 budget is $0.688454 per $100 assessed valuation which is the effective tax rate. The fund summary included in your packet shows appropriable funds of$123,153,867 which represents all operating and capital funds, and also includes the budget for the Wylie Economic Development Corporation. Local Government Code Chapter 102 requires us to adopt a budget before adopting the tax rate. The adoption of the FY 2019-2020 tax rate is presented as a separate agenda item. Page 1 of 1 ORDINANCE NO. 2019-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2019-2020, BEGINNING OCTOBER 1, 2019,. AND ENDING SEPTEMBER 30, 2020; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2019-2020; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 27, 2019, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation,has determined that the proposed budget and the revenues and expenditures contained therein 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 CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2019-2020. Section 2. That the sum of one hundred twenty-three million, one hundred fifty- three thousand, eight hundred sixty-seven dollars, $123,153,867 is hereby appropriated for the City's FY 2019-2020 Budget. These funds are payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2019-2020 budget document. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No. 2019-27 Approval of Budget FY2019-2020 1 Section 4. 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 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2019-27 Approval of Budget FY2019-2020 2 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2019-2020 BUDGET DEBT SERVICE FUNDS PROPRIETARY FUND SPECIAL CAPITAL GENERAL REVENUE G 0 DEBT 4B DEBT PROJECTS TOTAL ALL FUND FUNDS SERVICE SERVICE FUNDS UTILITY FUND FUNDS ESTIMATED BEGINNING BALANCES $ 16,235,139 $ 5,645,152 $ 1,193,929 S 210,786 $ 39,429,133 $ 11,733,044 S 74,447,183 REVENUES: Ad Valorem Taxes 25,845,341 - 8,643,207 - - - 34,488,548 Non-Property Taxes 5,926,800 6,096,800 - - - - 12,023,600 Franchise Fees 2,768,000 - - - 2,768,000 Licenses&Permits 1,020,990 10,000 - - - - 1,030,990 Intergovernmental 1,765,459 - - 1,000,000 - 2,765,459 Service Fees 3,613,704 1,460,000 - 1,460,000 21,077,808 27,611,512 Court Fees 397,500 22,200 - - - 419,700 Interest&Misc.Income 382,500 2,013,916 7,600 - 12,500 105,000 2,521,516 TOTAL REVENUES 41,720,294 9,602,916 8,650,807 - 2,472,500 21,182,808 83,629,325 Transfers from Other Funds 2,345,787 30,000 - 389,050 2,950,000 5,714,837 TOTAL AVAILABLE RESOURCES 60,301,220 15,278,068 9,844,736 599,836 44,851,633 32,915,852 163,791,345 EXPENDITURES: General Government 12,356,332 9,250 - - - - 12,365,582 Public Safety 21,944,916 607,000 - - - - 22,551,916 Development Services 1,145,030 - - - - - 1,145,030 Streets 3,951,454 - - - - - 3,951,454 Community Services 4,783,620 4,478,726 - - - - 9,262,346 Utilities - - - - - 19,161,146 19,161,146 Debt Service - - 8,563,038 389,050 - 1,046,657 9,998,745 Capital Projects - - - - 34,618,925 - 34,618,925 Economic Development - 4,383,886 - - - - 4,383,886 TOTAL EXPENDITURES 44,181,352 9,478,862 8,563,038 389,050 34,618,925 20,207,803 117,439,030 Transfers to Other Funds 2,900,000 469,050 - - - 2,345,787 5,714,837 ENDING FUND BALANCE $ 13,219,868 $ 5,330,156 $ 1,281,698 $ 210,786 $ 10,232,708 $ 10,362,262 $ 40,637,478 *Budgeted Use of Fund Balance for one time purchases. TOTAL REVENUES $ 89,344,162 NET DECREASE(INCREASE)IN FUND BALANCE 33,809,705 TOTAL APPROPRIABLE FUNDS S 123,153,867 Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 10, 2019 Item Number: 5 Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 30, 2019 Exhibits: Budget Cover Page Subject Consider, and act upon, approving the property tax increase reflected in the budget. Recommendation Motion to approve the property tax increase reflected in the budget. Discussion The tax rate needed to support the newly adopted FY 2019-2020 Budget is $0.688454 per $100 assessed valuation. This tax rate is the effective tax rate and represents a decrease of$.037394 (3.7394 cents) from the tax rate in FY 2018-2019. This agenda item is required by state law because there will be an increase in the total tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 102.007 of the Texas Local Government Code and Texas HB 3195 require the governing body to hold a separate vote to ratify this increase in property tax revenue that is reflected in the budget. Page 1 of 1 Due to the passage of H.B. 3195 during the 80th Legislative Session, the following statement must be included as the cover page for any budget document: "THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $1,159,844 OR 3.74%, AND OF THAT AMOUNT, $1,217,070 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR." Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 10, 2019 Item Number: 6 Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 30, 2019 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2019-28 fixing the tax rate/levy for Tax Year 2019 and Budget Year FY 2019- 2020 at 0.688454 per$100 of assessed valuation. Recommendation Motion to approve Ordinance No. 2019-28 fixing the tax rate/levy for Tax Year 2019 and Budget Year FY 2019-2020 at $.688454 per$100 assessed valuation. ** Discussion The tax rate needed to fund the FY 2019-2020 budget is $0.688454 per $100 of assessed valuation. The tax rate has two components: $0.516225 cents is being used for operations and maintenance and $0.172229 is being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$24,143,366 for the General Fund and$8,055,038 for the I&S Fund. The newly adopted Fiscal Year 2019-2020 budget requires the support of this ordinance for funding. Reference: Section 26.05(b)of the Property Tax Code **This year's motion does not require special wording because the tax rate does not exceed the effective rate. Page 1 of 1 ORDINANCE NO. 2019-28 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2020,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.13 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY -$21.98. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2019-2020; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS,the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2019-2020; and WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2019-2020 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2019, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, Ordinance No.2019-28 Approval of Tax Rate Year 2019 and Budget Year FY2019-2020 1 a total tax of$0.688454 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax rate of $0.516225 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2020, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.172229 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2020. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes,penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto,be and same are hereby accepted and approved. Section 5. 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 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. 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 8. 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 affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance No. 2019-28 Approval of Tax Rate Year 2019 and Budget Year FY2019-2020 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 10th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2019-28 Approval of Tax Rate Year 2019 and Budget Year FY2019-2020 3