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10-28-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda October 28, 2008 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. October 28,2008 Wylie City Council Regular Meeting Agenda Page 2 of 4 PRESENTATION • Presentation to Sanden USA in recognition of National Community Planning Month—"Green Communities". (R. 011ie, Planning Director) • Performance review of the City of Wylie Delinquent Ad Valorem Tax Collections. (T. Pounders,partner at Linebarger Goggan Blair &Sampson, LLP) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the October 14, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of September 30, 2008. (L. Williamson, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2008. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA General Business Tabled Item from October 14,2008 1. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. (R. 011ie, Planning Director) Executive Summary Mr. Steve Gee, representing Southbrook Phase III and Attorney Mr. Art Anderson contacted the City in regards to initiating a Development Agreement. Staff has met with City Attorney Mr. Richard Abernathy and discussed the general contents of the agreement. Through numerous iterations, the attached proposed Agreement is presented for consideration.The proposed Agreement sets forth the property involved, which consists of a 7 acre tract. 2. Consider, and act upon, Resolution No. 2008-46(R) to purchase power through the Cities Aggregation Power Project (CAPP) and authorizing CAPP to negotiate and execute an electric supply agreement for the period of January 1, 2009 through December 31, 2013. (J. Butters, Assistant City Manager) October 28,2008 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary Cities Aggregation Power Project, Inc.(CAPP)was created as a non-profit political subdivision corporation in response to the deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of member cities in order to negotiate lower,more stable rates through bulk purchasing. In July of this year, Council approved a resolution for the City to become a participating member of CAPP. The City is currently purchasing electricity through a CAPP "bridge contract" which expires December 31,2008. CAPP is in the process of negotiating a new five-year contract on behalf of its member cities which will take effect January 1, 2009. It should be noted that this is the standard CAPP contract and not the long-term, prepaid contract which Council discussed and rejected in a recent workshop. 3. Consider, and act upon, Resolution No. 2008-47(R) finding that Oncor Electric Company's requested increases to its electric transmission and distribution rates and charges within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. (M. Manson, City Manager) Executive Summary Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by$275 million. (Until last year,Oncor was known as TXU Electric Delivery Company.) The Company asks the City to approve a 17.6%increase in residential rates,a 9.1%increase in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717. The resolution denies the Company's requested rate increase and requires that the Company's current rates be maintained for all customers within the City. 4. Consider, and act upon, Resolution No. 2008-48(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Wylie Independent School District (WISD) for the shared use and maintenance of the WISD Fiber Optic Network. (J. Butters, Assistant City Manager) Executive Summary During the 2008-2009 budget process Council approved $75,000 to assist WISD in constructing the remaining portion of their fiber optic network ring. In exchange WISD agreed to grant the City of Wylie access to connect too and utilize their fiber optic network. The City and WISD also agree to share the maintenance cost of the fiber as long as the agreement is in place. Current maintenance cost to the City would equal less then$10,000 per year. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION • Joint Work Session with the City Council and the Parks and Recreation Board to conduct a charrette concerning development of a Master Plan for the Wells Property. The project consultant will facilitate the meeting and solicit input from the group. (M. Sferra, Public Services Director/Halff Associates) October 28,2008 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. ADJOURNMENT CERTIFICATION 1 certify that this Notice of Meeting was posted on this 241h day of October, 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: Presentation (City Secretary's Use Only) Department: Finance Prepared By: Melissa Beard Account Code: Date Prepared: October 20, 2008 Budgeted Amount: Linebarger Goggan Blair& Exhibits: Sampson, LLP booklet Subject Performance review of the City of Wylie Delinquent Ad Valorem Tax Collections. Recommendation NA Discussion Tracy Pounders, partner at Linebarger Goggan Blair & Sampson, LLP will present the results of their collections for delinquent ad valorem tax, penalty, interest and attorney fees for the last full delinquent tax year (July 2007—June 2008). Approved By Initial Date Department Director LW 10/20/08 City Manager A(11, /043 t'N Page 1 of 1 U DELINQUENT AD VALOREM TAX COLLECTION PERFORMANCE REPORT Prepared for the: CITY OF WYLIE * Linebarger Goggan BlaitrA „ Sampson, LLP �ti.� a A TIORNEYS AT LAW 80414 . www.publicans.com 2323 Bryan Street, Suite 1600 Dallas, Texas 75201 (214) 880-0089 (800) 441-0960 OCTOBER 2008 I i 11 LINEBARGER GOGGAN BLAIR& SAMPSON, LLP AFIORNPYS Al LAW UNIVISION CENTER 11 2323 BRYAN STREET, SUITE 1600 DALLAS,TEXAS 75201-2644 214/880-0089 800/441-0960 Fax 214/754-7167 [11 October 28, 2008 n Mindy Manson, City Manager City of Wylie 2000 State Highway 78 North Wylie, Texas 75098 Re: Delinquent Tax Collection Performance Report Dear Ms. Manson: On behalf of Linebarger Goggan Blair & Sampson, LLP (LGB&S), it is our pleasure to present this performance report regarding the collection of delinquent ad valorem taxes for the City of Wylie. We have represented the City since July 2001 and have collected over $2.3 million in delinquent tax, penalty, interest and attorneys fees since being retained. This report highlights the activities and results of our efforts since we began our collection program seven ]: years ago and recaps our collection activities over the last full delinquent tax collection year (July 2007 —June 2008). It is a privilege to serve as the City of Wylie's delinquent tax attorney, Iand we believe we have had an exceptional year on your behalf. PROVEN PERFORMANCE & COLLECTION EXPERIENCE In the seven years (July 2001 - June 2008) since City of Wylie LGB&S began our collection efforts on your behalf, Delinquent Tax Collection History the City of Wylie has recognized a total of$2,378,544 ►1 ormance "Best Ever" a A in delinquent tax, penalties, interest and attorney Total Collections: $2,378,544 fees. Delinquent collections totaled $514,465 during '' $514465* the past year (July 2007 — June 2008), representing our "Best Ever" collection performance. This —, $393 444 $31511 represents an increase over the prior year's collection of$115,870, or 29%. A seven year history s, .1 of tax collections is shown on the chart to the right. $295 $294405 $249 34 Our law firm provides the City of Wylie with r3"" $2 experience, along with extensive resources and expertise. We are working hard to maximize the City"s delinquent tax collections during a tough .} economic time. We have developed a work program ""° that is based on an enormous amount of personalized /' 1 , collection activities, and we provide valuable s 7/1101- 7/1/02- 7/1/03- 7/1/04- 7/1/05- 7/1/06- 7/1107- operational support to the Collin County Tax Office. 6/30/02 6/30/03 6/30/04 6/30/05 6/30/06 6/30/07 6/30/08* Austin • Baltimore(MD) • Beaumont • Boston(MA) • Brownsville • Chicago(IL) • Conroe • Corpus Christi • Corsicana • Dallas • Denver(CO) • Dublin(OH) Edinburg • El Paso • Fort Worth • Harrisburg(PA) • Houston • Jacksonville(FL) • Kansas City(MO) • Longview • Los Angeles(CA) • Lufkin • Memphis(TN) • Miami(FI-) Odessa • Philadelphia(PA) • Phoenix(AZ) • Richmond(VA) • San Angelo • San Antonio • Texas City • Tyler • Victoria • Waco • Waxahachie • Wilmington(DE) Our collection program is multifaceted and includes mailings, collection calls, litigation, site visits/seizures and bankruptcy protection. The City of Wylie can be assured that LGB&S has and will always treat your taxpayers with the highest level of courtesy, while at the same time providing highly effective collection services. PROGRAM HIGHLIGHTS We have included the Program Highlights, as shown below, that summarize our collections results and activities for the past seven years since July 2001. Linebarger Goggan Blair & Sampson, LLP Program Highlights for the City of Wylie July 2001 - June 2008 Total Collections: $2,378,544 Most Recent Complete Year's Performance July 2007 to June 2008 (Best Ever Performance) $514,465 Includes Base Tax,Penalty,Interest&Attorney Fees Delinquent Tax Collection Activities: 3 • Lawsuits Filed 230 lawsuits for $271,646 • Lawsuits Disposed 173 lawsuits for $161,741 • Site Visits Conducted 96 properties targeting $86,936 • Demand Mailings 27 mass mailings for 8,536 letters • Pending Amount in 24 accounts for $51,805 Bankruptcy P Y I 1 Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 2 61 CITY OF WYLIE COLLECTION ACTIVITIES AND RESULTS !! Our delinquent collection efforts over the past twelve months (July 2007 — June 2008) are described below: • Conducting 5 mass mailings totaling 1,419 letters. In July 2008, we conducted our first mailing of the current collection cycle, (July 2008 — June 2009) targeting 601 accounts owing $451,258 (base+ P&I) to the City. A second mailing in September 2008 included 450 accounts owing$624,551 (base+P&I) to the City. • Conducting our 3"d annual City of Wylie Early BPP Collection Program in April 2008, with a "Notice of Delinquency" targeting 90 businesses in Wylie. This was followed by a June "Urgent Delinquent Notice" mailing to 43 accounts. We continue to target businesses for site visits, seizure and litigation efforts. Results of the early business personal property collections are discussed later in this report. • Conducting personal site visits to 13 Wylie businesses since July 2007, and successfully collecting $2,630 as a result of these efforts. • Creating a "lienholder quick abstract" collection initiative prior to filing lawsuits. Utilizing the resources available on the internet, LGB&S collectors conduct "quick abstracts" which identify probable lienholders to real property. By contacting them directly, and prior to a lawsuit being filed, we are oftentimes able to collect the account in full, or place the account in a payment arrangement, without having to resort to the filing of a lawsuit. • Filing a total of 16 lawsuits representing $11,213 in delinquent taxes due to the City of Wylie. We have successfully disposed of 20 lawsuits representing $26,225. • Through our bankruptcy representation, we are currently protecting the City of Wylie's interest in 24 accounts in a bankruptcy status owing $51,805. • Consistently supplementing our collection efforts with telephone collection calls to delinquent taxpayers to resolve their accounts. EARLY PERSONAL PROPERTY COLLECTION PROGRAM The 2005 Legislative session brought about an amendment to the Texas Property Tax Code allowing taxing entities to turn over business personal property to clients on April 1st, instead of July 1 S`. In 2005, the Wylie City Council took action to approve the early turnover of delinquent personal property accounts to LGB&S. This new provision allowed us to establish an Early Personal Property Collection Program and aggressively pursue these highly mobile personal property accounts beginning April 1st, three months earlier than the traditional date of July 1 S`. In April 2008, our office received the most recent (2007) tax year"turnover" for personal property. I A I Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 3 City of Wylie II 3 Month Results of Early Personal Property Efforts u / $59 12 0 Three Month Collection Rate(April-June) :::::::-.; 2007: 66% $ $33,549 13 2008: 58% LI 44 1 g r,k, k: 4 A 2007 2008 [31 FA Tax Turnover 0 Collections April•June The chart above, entitled City of Wylie 3 Month Results, illustrates the success of our Early Personal Property Collection Program. During the most recent year(2008) we collected 58%, or $19,419, of the outstanding current year personal property delinquency in the three month period of April —June 2008. But even more importantly, less delinquency is due to the City than a year ago and revenue is being collected more quickly than before. 1 Experience has proven that moving quickly and personalized taxpayer contact is the key to collecting personal property accounts, which are inherently more difficult to collect than real estate taxes due to their mobile and perishable nature. Businesses close their doors daily without paying their taxes. TAX ROLL ANALYSIS DELINQUENT TAX TURNOVER Tax Roll Analysis by Properh Tx pe 70% Real Property In July 2008, the City of Wylie turned over 612 s34-1.901(Base Tax) property accounts delinquent for tax year 2007 1382 Accts) (current year delinquency) for a total of$279,523 in base tax. The 2008 delinquent tax roll turnover is $30,168 less than the amount we received in July, 2006 and represents a decrease of 10% of the current year delinquent tax amount to be collected. We analyze the entire City of Wylie delinquent tax roll in July to produce a 10% Mobile Homes I customized workplan for the upcoming year. Business Personal Property 20% s)oz.56(Base Tax) (414 Accts) sa9.a)'�(Base Tax) (116 Acch) Total Base Tax(2007& Prior Fears)Due as of Julp 2008: $496,573 Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 4 I As of July 2008, the total outstanding base tax receivable for all delinquent years (2007 and prior) is $496,573. The delinquent tax roll is comprised of real property, personal property, and [11 mobile homes (as shown in the pie chart to the right). Real Property, which is the most collectible, comprises the majority (70%) of the entire delinquent tax roll. Status of Accounts This property mix is favorable for the Lawsuit City. Business personal property $59,217 Baankruptcy (c1t AcLounis) 12% (BPP) comprises 10%, while mobile nk5 Eligible for homes comprise the remaining20% of ' ;Accounts) Is Collections P � $65,095 the City of Wylie's delinquent tax roll. 1or �'� (143 Accounts) Uncollectible (2006& Prior) per Legal ANALYSIS BY STATUS OF Determination a% DELINQUENT ACCOUNTS $21,597 2% 1148 Accoun . 11 LGB&S continually analyzes and Payment go Arrangement/ stratifies delinquent accounts in order Temp. Hold 47 El to "work smart- and customize our $6,928 workplan to your needs. We prioritize 14 Accounts) Eligible for high dollar collections; however, we Over Exempt Collections Disasabled 4 i (2007 tax amount) also know which accounts require research, special handling or are $37,770 \ $233,176 54 Accounts) --Bad Address (458 Accounts) $20,985 uncollectible. The City of Wylie's (12 Accounts) ri delinquent tax roll stratified (as of July Total Base Tax(2007& Prior Years)Due as of July 2008: $496,573 Li 2008) by Account Status is shown to the right. rj FIRM BACKGROUND I With more than 1,900 local, state, and federal clients, LGB&S is the national leader in !"" collection services for governmental entities. We maintain 32 offices throughout Texas and 16 offices in 14 other states throughout the country. We collect delinquent property taxes for over 500 cities, 482 school districts, and 115 counties in Texas. I The Offices of I Linebarger Goggan Blair & Sampson, LLP ] *] Air -- c „, --/ -,.. -0,,, 4..... ..,.., INeXPlatob '411.1 ate. El h.. 0.4.. .rwr *Warm,. eltw.bw 11A1D.10a •A.I.,.Awl* l/rNy.a. .,T k3. a MI* AM1w...I+. , Ititt it i Fully-Staffed Office YKOY T •Meeting with lawyer Ninod! by appointment only ,,,,,,, • 0,.. d Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 5 Each year LGB&S collects almost $1 billion Linebarger Goggan Blair&Sampson,LLP in delinquent government receivables for its Texas Office Locations clients. The law firnis highly trained attorneys and professional collectors currently manage more than $10 billion in delinquent federal, state, and local government receivables, collecting in all 50 states and U.S. territories and possessions. .N,.kiell LGB&S currently employs over 1,600 employees that include 122 partners and attorneys, our Information Technology Group ,r,,,,.An.• (over 120 personnel), and our call centers " "• (employing more than 370 professional collection staff nationwide). LGB&S has been part of the North Texas community for the past 25 years. Since 1983, /JA41VRf.ER f.OGfll.Of FlOIS LGB&S has maintained an office in downtown `" Dallas in the Univision Center. This office employs 113 professional staff, including 13 attorneys. COLLIN COUNTY PRESENCE MANAGEMENT TEAM DeMetris Sampson is the Managing Partner of the North Texas Office and a member of the law firm's Management Committee. Ms. Sampson is responsible for general oversight of the North Texas office and formulates and implements p policy regarding legal (tax and litigation), fines and fees, legislative, client and equal k opportunity matters. Ms. Sampson is Chair of the firm's Legislative Committee, and former chairperson of the firm's Management Committee. She is active in a variety of business, legal, community, civic and political endeavors. She is a 21- year veteran of the law firm. !) / jri,,S/rm/wun. il/rnu rii�P,,, Nancy Primeaux serves as the law firm's """ Pli"'`""`. izl, """,� vl" Regional Manager and has overseen the operations of LGB&S in North Texas since 1986. She manages the staff of collectors, researchers, and litigation professionals that has earned an award-winning reputation for their collection services to our clients. She is responsible for work plan development, client relations and reporting. Prior to joining LGB&S, Ms. Primeaux served as the Tax Assessor-Collector for the City of Dallas and Dallas ISD. Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 6 l ii Partner Tracy Pounders, serves as the Responsible Attorney for the City of Wylie, and Sally Stephens, Client Liaison, coordinates our day-to-day activities on behalf of the City of Wylie, iiiand deals directly with taxpayers. We credit _ much of the excellent results we have [.] '-.,3 - ° "'''''' achieved for the City of Wylie to their direct, — - . . 3. .10 "hands-on" approach to personally working with your delinquent taxpayers to resolve .,k Z - issues and obtain payment. ,figir [3] 3,3 I I A ten person attorney/manager team serves l: the City of Wylie and has direct responsibility ci, for supporting your collection, litigation, post- _ ~ judgment and bankruptcy programs. These ' ` key individuals are listed below. Pa,plc/. Truer PuuIlchv-,(rit;hi) n3,I,It,a Lila Irirh Ohm 1 iaisuu. .Sullr.Si(°phons(1('10 _. 3" it .,,, I j.: LINEBARGER GOGGAN BLAIR& SAMPSON,LLP --y I''," I i ATTORNEYS AT LAW CLIENT CONTACT INFORMATION 5CITY OF WYLIE ` DALLAS OFFICE Univision Center 2323 Bryan Street,Suite 1600 I Dallas.Texas 75201 Telephone Numbers Main Office (214)880-0089 or(469)221-5000 Collections Department (214)880-0076 Toll Free (800)441-0960 Fax Numbers Main Office (214)754-7167 Bankruptcy Department (469)221-5003 Contact List TSde Name Telephone E-Mail 1 Managing Partner DeMetns Sampson (214)880-0089 DeMetris /publicans.com Regime Manager Nancy Primeaux (469)221-505? NancyP'dpublicans.com mobile (214)616-740_ Partner) Tracy Pounders (469)221-5053 Responsible Attorney mobile (469)438-2454 Tracy-Pounders',"publicans.com Client Liaison Sally Stephens (469)221-5045 SaIly.Stepbens.publicans.com mobile (214)886-6289 Bankruptcy Partner Beth Weller (469)221-5075 BethW dpublicans.com Operations Manager Peggy McCormick (469)221-5060 PeggyMrdpublicans.com Collections Manager Gary Coleman (469)221-5010 GaryCOpublicans.com Litigation Manager Gloria Holmes (469)221-5080 GloriaHrapublicans.com Post Judgment Manager Traynard Jackson (469)221-5058 Tray.JacksonApublicans.com Bankruptcy Manager Karen George (469)221-5070 KareaGeorge npublicans.com I 1 Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 7 r Ll TEAMS& RESOURCES COMMITTED TO THE CITY OF WYLIE iThe North Texas Regional Office of LGB&S is staffed by over one hundred tax professionals who provide support for our City of Wylie collection program. jri Our office maintains a toll-free telephone number, (800) 441-0960, in order that property owners may contact us at no expense. We employ twenty bilingual individuals who are available to assist Spanish-speaking taxpayers. We employ a twenty-one person phone bank of 11 professional collectors and researchers that make personal contact with delinquent taxpayers to collect delinquent taxes. All our mailings are supplemented by telephone calls to delinquent Eltaxpayers in order to encourage prompt payment or resolution of their delinquent accounts. Our staff is trained to handle difficult taxpayers in a professional manner that will generally result in positive collections for our clients. Each year our collectors handle more than 45,000 telephone calls. Our collection program is supported by a four-person unit of litigation collectors dedicated to 0 making outgoing demand calls to property owners and lienholders after a lawsuit has been filed. These litigation collectors locate and contact taxpayers that have been sued to expedite resolving the lawsuit over the phone by securing payment, rather than more slowly through the court Mr system. This specialized litigation collection program has resulted in over $9 million in s. delinquent tax collections for our North Texas clients in the last twelve months. k Our Litigation Department is comprised of six lir— : i.:11 _' 4 attorneys, one contract attorney, and twenty-eight « `, legal assistants who are responsible for preparing and 0 -% ' - disposing of all tax litigation handled by our North Texas office. Since 2001, we have filed 230 lawsuits representing $271,646 for the City of Wylie. P Ille During the same time period we disposed of 173 1` lawsuits for$161,741. J Liu,.,,/,,,, lir„,r,fzi, chum fiol„,r�, rstr,„di,�0. Our Bankruptcy Department, headed by partner „d„,c,,,l,c,.,of d,( Dallas o(llrc Beth Weller,is staffed by four attorneys and fifteen /tiwu,in„Dcprrrn„c'„I legal assistants. Our bankruptcy team provides complete legal services and representation to our clients in all bankruptcy courts within the continental United States. This group processes all proofs of claim, prepares and files all necessary I documents, and represents clients at creditor meetings and/or in • bankruptcy court. In Wylie, we are currently protecting the City's interests in 24 pending bankruptcies owing $51,805 >. (base tax) to the City. h I ', ' Iktiy r:Yw One of our most successful collection initiatives is our "Business Personal Property Site Visit Program". Our law firm's B,u,l,r„/Nc r Pro'Ilk vr Br,l, II,Jlcr'(tr,p 1,Ill„„d intensive "collections blitz" includes personal site visits to Bn„1,,„/,tr i._v„ L,„ c,r itr,/, businesses and the posting of"Intent to Seize" notices. As soon ,;,l,u: ,/i,U ,,,him, hill, „,/,,,, /,n, as the delinquent tax roll is turned over to our law firm in April, we °"�"'/ �'`l' " "' begin targeting, placing personal telephone calls, and performing site visits to determine the company's assets, ability and/or willingness to pay, and posting notices of our"Intent to Seize". Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 8 11 11 Since 2001, we have knocked on 96 doors in Wylie, seeking to collect the taxes or to set up short-term payment agreements. .. LThis past year we targeted 13 businesses owing $16,077 to the City of Wylie, and successfully collected $2,630 due to the City. fiBusinesses often move or relocate without the property taxes • being paid, and our team of business personal property collectors Y , _ - spend countless hours in the field, contacting and calling • taxpayers to work out details for the successful payment of their tax obligations. Experience has proven that direct taxpayer C't)llc cror attt«tttdO Rod,«I«c_ fill,:v .Sit( ,ryit iiilh Poi tnrr. 1101ac1 D('cds (, iddlc). rind contact is the key to collecting these types of delinquent Puru«cr, T)reel Pntntdrry(lU! (Whi) El accounts. INFORMATION TECHNOLOGY & SUPPORT Ej DELINQUENT TAX TECHNOLOGY 11 For almost thirty years, LGB&S has pioneered the use of technology to reshape the delinquent tax collection industry. LGB&S has invested more than $25 million to develop the very latest data processing and communications technology available. LGB&S was one of the first T. delinquent tax collection law firms to recognize and design ,r�► COLLECTION s `., processes that allowed us to utilize state-of-the-art technology V' ADVI i F ' W ;', to collect delinquent taxes, perform research and file lawsuits, °`'', - T' , = while at the same time support our clients' operations. Our "`" `,, sKir technology center is housed in San Antonio, where the majority U ' -r, III- _-ii, of our development and processing takes place. This group, - I i ta` - headed by Rick Haass, consists of 120 information technology PI ' Gov�t� 111 specialists that support our statewide network of offices. Coll'"` ti .4 ,. �'%�,f A � 4)'A'ik . WH , !: Rick Haass appeared on the cover of the July 2008 edition of V' 1's ,;� 4Collection Advisor as an industry expert profiled in the article , -_.. T , entitled: "Government Collections Expanding Like 'rot r- Wildfire." This article featured our law firm and our leading ag — edge approach to technology as a collections tool for ] ,`"`, Top 12 Mio-lange Solutions for 2008 Es governments. ON-LINE ACCESS AND COMPUTERIZED LAWSUIT TRACKING SYSTEM Our North Texas office has direct web-based access (inquiry only) to the Collin County Tax Office. We also have on-line access to the Collin County District Clerk's Office, and various 75 bankruptcy courts throughout the nation. Our users have the ability to access the City's tax .41 amounts through the Collin County Tax System and Court records in order to run tax statements, quote tax amounts due and court costs. We consider ourselves an extension of both the Tax Office and clerk's staffs, and handle calls each day that otherwise would be directed to the Tax A Office or Clerk's office. All Bankruptcy Proof of Claims are filed electronically at the Court. LGB&S has developed a computerized lawsuit case tracking (Litool) and document production system (Taxtool) and a bankruptcy tracking system (Banktool) that enable our attorneys and staff to monitor and dispose of litigation and bankruptcy cases quickly and effectively. Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 9 ` We emphasize not only working hard, but working smart. We use our technology to analyze the tax roll, develop customized work plans, and identify areas where we can maximize the revenue collected for each client. We regularly utilize research and skip-tracing tools on the interne to quickly and accurately locate lien-holders and property owners. Our law firm regularly produces the following products for the City: Regular Mailings ° Specialized Listings ° Legal Documents Special Mailings Tax Roll Analysis 0 Litigation Reports Lawsuits COMMITMENT TO EEO & M/WBE PARTICIPATION EQUAL EMPLOYMENT OPPORTUNITIES LGB&S believes it is important that our organization be as diversified as the governments that we represent. We are committed to providing ownership and career opportunities for minorities and women at all levels and capacities within our law firm. Our North Texas office staff is 78% female and 74% ethnic minority, and the attorney and management team is 62% female and 46% ethnic minority. MGM, 111 ,54 E• LGB&S has been recognized by Texas Lawyer as "the star- among the top 25 law firms in Texas for creating opportunities for minorities and women. In addition to providing career opportunities through permanent employment, we have also provided a Law Clerkship Program in North Texas each summer since 1987. MWBE PARTICIPATION Our law firm is equally committed to supporting Minority and Women Business Enterprises (MWBE). We strive to be part of the communities we represent and make every effort to identify and utilize local minority and women-owned businesses whenever possible. Each year our law firm spends millions of dollars with minority and women employees, vendors, suppliers and contractors in the delivery of our collection services -- a total of over $7 million in 2007. One sub-contractor, West & Associates, L.L.P., has provided legal support to LGB&S since 1989. Texas Judgment Recovery Company, Inc., a Hispanic owned company, has provided civil process service for over 16 years. TIN Star Litigation Support & Title, a Hispanic female owned company, provides title work. Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 10 11 LL: LGB&S SERVES OUR COMMUNITY [1 LGB&S has a long history of good community citizenship. We believe that to represent our clients effectively, we must be involved in the communities in which our partners and employees 0 reside. Community organizations supported by LGB&S include: • Wylie Chamber of Commerce [I • Reach for a Star • Wylie ISD Education Foundation ;,lio 3 El , • ,f*. .-- , 4 • Greater Dallas Chamber of Commerce, Dallas Black Chamber of Commerce, Greater Dallas [I Hispanic Chamber of Commerce, and Greater _ ` - :'1 Dallas Asian American Chamber of Commerce '� _` • Various City Outreach Programs 0 • Various Dallas County school district education foundations 0 • North Texas Rescue Relief Fund (Hurricane Katrina) • North Texas Food Bank ll11r._s�fl� 11 • Dallas Bar Foundation LGBciS Pa,h,c r. Truce Pnun r,c.ilr prccniin;chi.ck to LI lennu L,ni n a,, L.rc cr,mi rc Di/L c/ar n/ncc 11'r/ic ISD • Friends of Fair Park LJI„cai,,,,Fa,,,,,h,rin,,, i„.,uppor,H/li,c I(�,,,,crc,nn„ Buoy cC: Bur-B-(0 Gala El • UNT Dallas Campus • YMCA I • Community Police Funds • Volunteer Fire Departments 3 • Santa Cop Programs • Friends of the Library Programs • Muscular Dystrophy • Welcome House, Inc. • Brighter Tomorrows • School Honor Societies • Support of Vocational Education Programs (LGB&S hires students each year as part of our support for this program) • Speaking at area school Career Days • Numerous other local charitable and community programs RECENT RECOGNITION LGB&S has received numerous awards and national ,,.. [ """'" ` "" """"`' °"°°" '°�°' i recognition for its collection programs throughout the country � � In October 2007, the U. S. Conference of Mayors announced \ _ J Y �l \ Y a new business alliance with the law firm of Linebarger Platinum Alliance Forged Between USCM & Linebarger Goggan Delinquent Ad Valorem Tax Collection Performance Report for the City of Wylie Page 11 Goggan Blair 8,„', Sampson., 1.„„1„,,P. The tiSitt M .President, Mayor Douglas Palmer, stated that "am.; bu.siness that earns three public-private partnership award.s with flSCM has to be doing scanethin.g right. And as ma.yors„ we ovoe .it to the vast niajority of .Americans who pay their taxes and fees on time, and as required by law. to make sure that civeryotte who can do so is ..1$'1'..".'....,,,,,,,,t....4,,,........;.,L.,',,,:,...7:71.....;.,,,,,,,,,,,,!.0,,,,,..!!!',!,.',:.."..,,,:0..„...-"4 --.• paying their fair share." 1„.. Ci ,.,,.......,..,.......'„4""t;.,,!,...'-,';',I..!'i.'it'''''''''','•a,,;.'„,,,,,,.,''''',...... .7.1.01",,;..g,',:- t;,..,•'" . ,, B& U.S is proud of this affiance with the U. S. Crt oference of iIT FAIN 'i Mayors and the .fact that ova I.X.i13,&S Dallas office, along with .10.;,,fIril),,,ltikl Ili „..„,.. ,,,o. 1..1,1 ,11,1,11.1.0,,,,,tooliiiiiii,.0,,, the City of Dallas; was the winner of the U. S. Conference of ,m ;# '1,,...,,,,,,,,,,,,,,,,,kam,,,,,, , Mayors 2001 Award for Excellence in Partnership fir its tax collection program. Since 1983, 1.....C13&S has collected y„.,...,„ . over $937.9 in in delinquent tax revenue for the City of Dallas and Dallas Independent School District. We provide, the. 21t,u r../. „5. (70h/in.:wee hi'Aiihyorsh same award winning collection services to the (7ity of Wylie il tva rd tor Erect fence,P 1 P(Ityne.rchip with the City of Det this and all our clients. ("0.'..',04',0*.4.'..!..N$...A...4..,j.....01N.'...H.......:7"7.'.'''''''''''''''' ...........''''''37''''''':-"""...........--''''..;''''':''....""7. ' '''...' ..'.."... ..-"....." "'" '''''''''''':!''..!,....:'','„'''.''I:::"':'''':''.:..'''''''''...::':'•'"T'':,..','"•'''„:„',.','.7.',',T.7'',!',',', ,,,,,,„„ . . ........ ... . . .... ... . .... .... ..... . ...... . . . .. .. ..... . ... . .. . Our .fees are not paid by the City of Wylie but by the delinquent taxpayers (as allowed by law). 1„,„,,GB&S provides our comprehensive delinquent tax collection services for a fec in the amount of twenty percent (2.1...1$`iil of the total tax, penalty, and interest collected by the law firtn for a 2003 and subsequent years, and 1.5?,/, for tax years .2002 and prior. Our fees are contingency based 090 which means 1..„,(3.B&S is not compensated until and unless the City of Wylie is paid. .1...CiB&S bears all costs of operations, with the exception of those costs related to .publishing citations and notices of sale, .,which are to he paid by the taxing units as set out in the Texas Property Tax MON (:odc... l'',,,E,::::,...,...........,.......,''..'.:,...1,'.'iC,;().!.,'....'...:.'',''..','...'...1'...:,.,t)S1,10i'IN.....'....'.'.:.:'''.'::"'.. ..........,.:;'......'.."'',....:..... ... ...'..............7:""Ti'."".."',.:.....' .....• • . ''''''''.'..','"" .....-:',',.,.... ..."• ..,. .. .• .... .....".'.... ...,:..,...7•:".1."-!''''' '...• . .............."''',.... „:.,..„:.::..::::..':.':'g'.. OM As always, we consider it a privilege to represent the City of Wylie .in the collection of delinquent taxes. The partnership that has developed between the City and our law 'flint has NM resulted in a truly exceptional collection program. We look 'forward to continuing to seine you in the collection of delinquent, taxes, and to assist the City of Wylie in providing the highest possible level of services to Wylie citizens., Iffofm Vi/e look forward to discussing this report with you and to answer any questions you may have concerning our collection efforts,. K 4 Sincerely, . , „...", --") , 0 '"Nancy R. Primeaux , Tracy A..., Pounders mg, Regional Manager Partner' cc:. Larry Williamson, Finance Director, City of Wylie. P§Mff, DeMetnis A. Sampson, Managing Partner, 1„.inebarger, (]oggan Blair& Sampson, 1....11) Sally Stephens, Client Liaison, Lineharger Goggan Blair& Sampson, 11...1....„1) Ma OrrfA) Delinquent Ad Vator:e7m--"Tax Coneotion P-e[id-o-r-O;;;;-;"e"1"-e7O7ortieir'the City of Wyllie ---"""--"""r--------- -i;-age-1-27 Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Tuesday, October 14, 2008 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:02 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and City Engineer Chris Hoisted led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens' Comments. PRESENTATION • Proclamation for Breast Cancer Awareness. (E. Hogue, Mayor/J.. Harkins) Mayor Hogue presented a proclamation designating the month of October as "Breast Cancer Awareness Month" to local representatives of the organization. Janice Hawkins shared with those in attendance her story of breast cancer survival. Minutes—October 14, 2008 Wylie City Council Page 1 • Presentation to 1st Six Weeks Star Students — Character Trait of "Responsibility". (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of "Responsibility". Each six weeks one student from each WEDC campus is chosen as the "star student". • Presentation on the proposed South Ballard Overlay. (R. 011ie, Planning Director) Planning Director 011ie presented proposals for a South Ballard Overlay. She explained that South Ballard has been identified by the City as a valuable area worthy of rejuvenation. Staff is proposing an Overlay District that would provide development and design standards that will enhance the District's ability to provide usable space for its citizens. The overlay would comprise lots that front South Ballard south of S.H. 78 and north of Stone Road. Ms. 011ie reported that staff feels this area is ideally suited for Commercial or Mixed-Use development, using a Form-Based approach to zoning. This type of zoning involves focusing the Ordinance more on the appearance of not only the buildings but the areas surrounding the buildings than on the uses within the buildings. Ms. 011ie displayed several designs of terraced housing that included: Mission Terraced, Neighborhood Redevelopment, Stone Terraced and Historic Alley Terraced. Direction from Council was move forward with possibilities for this type of overlay with a focus on extending the historic design currently in the Downtown Historic District of the City to the overlay district. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the September 23, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to enter into a Facility Services Agreement, in the amount of$44,928.00,with Trane, Inc. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2008-47 amending Comprehensive Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries and design standards. (R. 011ie, Planning Director) D. Consider, and act upon, award of a contract to Tri Con Services Inc., in the amount of $168,492.35, for the construction of a 12-inch water line along FM 1378 from Lakefield Drive to Brown Street. (C. Holsted, City Engineer) Minutes—October 14, 2008 Wylie City Council Page 2 E. Consider, and act upon, a Final Plat establishing one lot on 12.6 acres for Gateway Community Church, generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, allocation of funding for Not-For-Profit Organizations: Children's Chorus of Collin County, Inc., Collin County Children's Advocacy Center, Collin Intervention to Youth, Divorce Recovery for Kids at Wylie United Methodist Church, Equest Therapeutic Horsemanship, Meals on Wheels, Inc. of Wylie, Plano Children's Medical Clinic, and Wylie ISD Education Foundation. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that on September 23, 2008 the Council heard presentations from the listed organizations regarding proposed funding allocations, per Ordinance 2005- 52. A total of $33,000 has been allocated within City Council's budget for Not-For-Profit contributions in FY 08-09. Public Notice was issued to inform the public of the acceptance of applications, with May 1, 2008 being the application deadline. Council heard presentations from each of the organizations at the September 23rd Council meeting. This item will consider funding allocations to the organizations. Council Discussion Councilman White stated that he did not believe the City should allocate funding to not-for-profits. He explained that this had been his position for the last couple of years. Several Council members concurred with Councilman White but stated that in these economic times it was necessary to assist organizations that benefited the citizens of Wylie. Discussion focused on organizations that assisted the elderly and children of Wylie that were in need. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Council Goss to fund $33,000 to the following not-for-profit organizations with the following appropriations: Collin County Children's Advocacy Center, Inc. $10,000 Equest Therapeutic Horsemanship $ 5,000 Meals on Wheels, Inc. of Wylie $ 3,000 Plano Children's Medical Clinic $12,817 Wylie ISD Education Foundation $ 2,183 A vote was taken and the motion passed 6-1 with Councilman White voting against. Minutes—October 14, 2008 Wylie City Council Page 3 2. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that Mr. Steve Gee, representing Southbrook Phase Ill and Attorney Mr. Art Anderson contacted the City in regards to initiating a Development Agreement. Staff has met with City Attorney Richard Abernathy and discussed the general contents of the agreement. Through numerous iterations, the attached proposed Agreement is presented for consideration. Ms. 011ie explained that the proposed Agreement sets forth the property involved, which consists of a 7 acre tract. The property is currently within the Extraterritorial Jurisdiction (ETJ) of the City of Wylie. The Agreement states the Developer agrees to file a petition for annexation of the property within thirty (30) days after the approval of this Agreement. The property shall be developed and permits issued in accordance with the proposed Agreement regardless of the zoning classification affixed to the property. All development requirements shall substantially comply with the Final Plat. The Agreement further states that development standards of the Single Family-10/24 District as contained in Zoning Ordinance 2005-58 dated 01/24/2006 shall apply except that the minimum dwelling size proposed by the Agreement is 1,900 square feet in lieu of 2,400 livable square feet and with a minimum lot area of 8,200 square feet in lieu of the current minimum of 10,000 square feet. The developer is proposing to accomplish four (4) of the five (5) required desirables for Architectural Requirements as listed in Article 3, Section 3.4 Residential Design Standards. 1. Both Front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. 2. Certified by USGBC or LEEDS for energy and water. 3. Lighted Front wall plaque. 4. Enclosed with masonry matching exterior walls and capped with 40% stone to match house. The Agreement sets in place the building setbacks for the development as follows: a minimum rear yard setback of 20 feet in lieu of the required 25 feet and a minimum side yard setback on a corner lot of 15 feet as opposed to 25 feet. Minimum lot width being proposed is 70 feet in lieu of the required 75 feet. Applicant/Council Discussion Mayor Pro Tern Byboth asked Ms. 011ie if the setbacks were the same as other properties in the adjacent developments. Ms. 011ie replied that they were. Councilman Goss asked which development desirables were not agreed to in this agreement. Ms. 011ie explained that there were eight desirables of which five were to be chosen. She noted that the agreement only addressed four. She explained that if the agreement is approved, the City is locking in the desirables and the minimum dwelling sizes and lot area. Councilman Porter asked why the proposed agreement was even coming before Council if the desirables were not met. City Manager Manson explained that the reason this agreement was coming before Council prior to annexation and Planning and Zoning Commission was to determine whether the agreement could be approved prior to the annexation process. Councilman Young stated that the minimums in the proposed agreement set the City back by ten years from the current zoning requirements. Councilman White stated that he wanted to see higher minimums in line with the current zoning requirements. Councilman Goss stated that the City had raised the bar regarding density and felt this agreement should comply with the zoning requirements. Mr. Steve Gee (applicant and Developer of Southbrook Phase 1 and 2) addressed Council stating that the proposed property was unique and had some challenges. He noted the unusual size and width of the property and noted that this property was left out of the original development. The property also has limited access through the other two Southbrook developments. He stated that the 10,000 square foot Minutes—October 14, 2008 Wylie City Council Page 4 lots and the 2,400 sq. ft. minimums required in the zoning ordinance were not achievable due to the topography of the property. Councilman White asked if the current zoning minimums were not achievable how the agreement could go above and beyond in regard to current standards and other amenities. Mr. Gee stated that he could review the other desirables and see what could be added to upgrade the development. Mayor Hogue suggested the item be tabled and the applicant go back to staff to see if additional desirables, an increase in lot sizes and other revisions could be made to bring back to Council for consideration. Council Action A motion was made by Councilman White, seconded by Councilman Goss to table consideration of a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase Ill to the October 28, 2008 regular City Council meeting to allow the applicant time to make revisions to the proposed agreement for Council consideration. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that Ordinance No. 2006-76 established an active and continuing records management program/plan for the City of Wylie. The ordinance requires that the Records Management Officer, in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense. The proposed City of Wylie Disaster Recovery Plan for Municipal Records provides for the recovery of vital and important local government records in the event of a disaster that causes serious and extensive damage to those records. Recovery procedures are included to mitigate and repair the effects of major natural disasters. Ms. Ehrlich explained that recovery procedures are included in the plan to mitigate and repair the effects of major natural disasters. She noted that staff is currently proactive in assuring that records identified as essential/vital are protected through duplication and storage in off-site locations. Additionally the plan sets forth an Information Disaster Recovery Team delegated from the office of the City Manager. A copy of the Response Service Agreement with Blackmon Mooring Catastrophe Office for records recovery services has been executed to insure the City is responded to on a priority basis in the event of a disaster. There are no fees attached to the executed agreement; fees are only assessed if the company is mobilized by the authority of the City. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, accepting the resignation of David James and the appointment of a new member to the Library Advisory Board to fill the unexpired term of July 1,2007 to June 30,2009. (R. Orozco, Library Director) Staff Comments Minutes—October 14, 2008 Wylie City Council Page 5 Library Director Orozco addressed Council stating that David James has actively served on the Library Board since his appointment in July 2005. Mr. James informed staff of his resignation from the Library Board effective immediately due to his school commitments. Article VIII, Section 2(c) of the City of Wylie Charter states, "the City Council shall appoint a library board consisting of seven members who shall be qualified voters who shall serve for a term of two years." Council Discussion Mayor Pro Tern Byboth, chair for the Boards and Commissions Interview Panel for 2008 addressed Council stating that during the interviews, there were a substantial number of good applicants interviewed that could not be placed on a board; one of those applicants was Brett Bim who the board desired to place on a board. Mayor Pro Tern Byboth stated that the panel was recommending Mr. Bim to serve the unexpired term of David James on the Library Board. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to accept the resignation of David James from the Library Board and appoint Brett Bim to serve the unexpired term of July 1, 2007 to June 20, 2009. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2008-47 into the official record. Mayor Hogue took a 10 minute recess prior to moving into Work Session at 7:40 p.m. WORK SESSION Mayor Hogue called the City Council into Work Session at 7:50 p.m. with all council members present. Parks and Recreation Board Chair Anne Hiney called the Parks Board to order at 7:50 p.m. with the following members present: Dan Chestnut, Joy Cortinas, Brandi LaFleur, Bennie Jones, David Willey, and Donna Larson. • Joint Work Session with the City Council and the Parks and Recreation Board regarding the updating of the City of Wylie Parks, Recreation and Open Space Master Plan. (M. Sferra, Public Services Director/HalffAssociates) Public Services Director Sferra addressed the board stating that in the past couple of months the Council had approved the consulting firm of Halff and Associates to update the Parks, Recreation and Open Space Master Plan for the City. He introduced Mr. Francois De Koch representing Halff and Associates. Mr. De Koch asked the members present to write down the answers to several questions to determine what the members thought the benefits of living in Wylie were. The benefits defined during this exercise were: the people, the location of the city, the character of the city and the amenities offered within the city. Mr. De Koch then asked what members would like to see Wylie become. Responses included: a well rounded city, good shopping, self contained, good parks and visibility and access to water recreation. Finally Mr. De Koch asked how the parks Minutes—October 14, 2008 Wylie City Council Page 6 department could help meet those outcomes. Responses included: being proactive applying for federal, state and local grants; bring fresh ideas to Council and staff, good internal communication, keep existing parks pristine, and leaving open space on the Wells property for a natural setting. Mr. De Koch thanked the members in attendance for their input and stated that the information received will assist Half and Associates in providing the updated Parks, Recreation and Open Space Master Plan. Adjournment of the Parks & Recreation Advisory Board With no further business before the Wylie Parks and Recreation Advisory Board, board chair Anne Hiney adjourned the Parks and Recreation Advisory Board at 8:55 p.m. Consensus of the board was to adjourn. Mayor Hogue took a short recess from the City Council Work sessions at 8:55 p.m. Mayor Hogue reconvened the work sessions at 8:59 p.m. with the following council members present: Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Young, Councilman White, and Councilman Porter. Councilman Goss left the meeting at 8:30 p.m. • Presentation from the Hanover Property Company regarding a proposed development on the west side of Lake Lavon. (M. Manson, City Manager) City Manager Manson stated that she had asked the Hanover Property Company to give a brief presentation regarding the proposed development on the south side of Lake Lavon in the ETJ of Wylie, St. Paul and Lucas. She reported that the company had presented this information to the cities of Lucus and St. Paul and wanted to present the information to the Wylie City Council so council could see first hand what the Hanover Property Company was proposing. Mr. Bret Pedigo representing the Hanover Property Company addressed council stating that he wanted to take this opportunity to present the concept of what the company was proposing for the development of the south side of Lake Lavon. Mr. Pedigo displayed several aerial maps showing different jurisdictions the development might fall under. He also displayed areas the company had developed in the past. He noted that the development as proposed would contain town homes with small lots up to larger homes with less density. He reported that due to the proximity of the development, the company was requesting to create a water/sewer district for the development. In order to form the district, it would take the consent of all three jurisdictions. Mr. Pedigo reported that the development would also need police and fire protection due to the development being outside any incorporated city. He noted that the cities could annex the portion of the development that fell in their ETJ. He reported that Collin County and all three cities had met to discuss the ETJ jurisdictions and stated that Hanover would be happy to assist in those discussions to come to a consensus of jurisdictional boundaries. He asked the council to consider passing a development agreement prior to January 2009 so Hanover could take the request to create a water district to the legislature at that time. Mayor Hogue reported that the City Manager had been working for several months with the cities of Lucas and St. Paul regarding jurisdictions and those discussions were ongoing. City Manager Manson stated that discussions regarding jurisdictions would need to be finalized prior to moving to the next step. She reported that the City had received the Request for Minutes—October 14, 2008 Wylie City Council Page 7 Consent to District Creation and Plan for Development from Hanover Property Company; the documents have been sent on to Collin County and the City Attorney's office. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:35 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to adjourn the meeting at 9:36 p.m. A vote was taken and the motion passed 6-0 with Councilman Goss absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—October 14, 2008 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 14, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of September 30, 2008. Recommendation Motion to accept and place on file the City of Wylie Monthly Revenue and Expenditure Reports as of September 30, 2008. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 10/14/08 City Manager rn i i o &3 (U Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: SEPTEMBER 30, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 14,502,020.00 14,500,392.48 -1,628 FRANCHISE FEES 1,980,000 1,980,000.00 1,984,568.61 4,569 LICENSES AND PERMITS 977,750 977,750.00 709,636.35 -268,114 A INTERGOVERNMENTAL REV. 469,030 469,030.00 469,174.04 144 SERVICE FEES 2,282,140 2,282,140.00 2,292,961.05 10,821 FINES AND FORFEITURES 551,000 551,000.00 533,510.91 -17,489 INTEREST INCOME 350,000 350,000.00 360,362.46 10,362 MISCELLANEOUS INCOME 140,490 140,490.00 188,096.34 47,606 OTHER FINANCING SOURCES 519,000 519,000.00 519,000.00 0 TOTAL REVENUES 21,771,430 21,771,430 21,557,702 -213,728 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 139,200.00 115,144.56 -24,055 CITY MANAGER 721,160 721,160.00 688,245.43 -32,915 CITY SECRETARY 254,176 254,176.44 238,369.41 -15,807 CITY ATTORNEY 233,000 233,000.00 224,339.34 -8,661 FINANCE 678,460 678,460.00 663,808.15 -14,652 FLEET&FACILITIES SVC 243,300 243,300.00 213,331.49 -29,969 MUNICIPAL COURT 337,048 337,048.00 327,022.08 -10,026 HUMAN RESOURCES 205,740 205,740.00 194,147.19 -11,593 PURCHASING 105,586 105,586.00 103,489.94 -2,096 INFORMATION TECHNOLOGY 385,700 385,700.00 364,966.45 -20,734 POLICE 4,579,570 4,579,570.00 4,358,546.43 -221,024 FIRE 4,588,912 4,588,912.00 4,362,854.26 -226,058 ANIMAL CONTROL 267,200 267,200.00 235,267.81 -31,932 PLANNING 407,020 407,020.00 308,331.32 -98,689 BUILDING INSPECTION 722,160 722,160.00 600,523.77 -121,636 CODE ENFORCEMENT 154,790 154,790.00 127,540.86 -27,249 STREETS 1,640,790 1,640,790.00 1,605,210.51 -35,579 PARKS 1,497,010 1,497,010.00 1,438,792.53 -58,217 RECREATION 340,595 340,595.00 329,224.03 -11,371 LIBRARY 727,026 727,026.00 699,061.83 -27,964 COMBINED SERVICES 3,911,680 3,911,680.00 3,910,081.53 -1,598 TOTAL EXPENDITURES 22,140,123 22,140,123 21,108,299 -1,031,825 REVENUES OVER/(UNDER) EXPENDITURI -368,693 -368,693 449,403 818,097 A. New Dwelling Permit Revenue are less than anticipated for the 2007-2008 fiscal year. CITY OF WYLI E MONTHLY FINANCIAL REPORT AS OF: SEPTEMBER 30, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 8,617,000.00 9,443,480.73 826,481 INTEREST INCOME 200,000 200,000.00 232,943.35 32,943 MISCELLANEOUS INCOME 30,000 30,000.00 46,395.47 16,395 OTHER FINANCING SOURCES 1,707,000 1,707,000.00 1,707,000.00 0 TOTAL REVENUES 10,554,000 10,554,000 11,429,820 875,820 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 548,770.00 522,128.41 -26,642 UTILITIES-WATER 1,085,020 1,085,020.00 1,081,308.74 -3,711 CITY ENGINEER 456,226 456,226.00 449,537.17 -6,689 UTILITIES-SEWER 497,980 497,980.00 488,348.54 -9,631 UTILITY BILLING 775,194 775,194.00 763,331.87 -11,862 COMBINED SERVICES 7,297,620 7,297,620.00 7,295,713.40 -1,907 TOTAL EXPENDITURES 10,660,810 10,660,810 10,600,368 -60,442 REVENUES OVER/(UNDER) EXPENDITURI -106,810 -106,810 829,451 936,261 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: C Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: October 14, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2008. Recommendation Accept, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2008. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 17, 2008. Approved By Initial Date Department Director SS 10/14/08 City Manager fAR 3 [ 0 Page 1 of 1 10-14-2008 11:03 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 522,979.55 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10196 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,639,582.38 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 367,967.00 3,951,971.93 TOTAL ASSETS 3,951,971.93 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 21.95 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 314.58) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,506.90 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 890.78 2000-20540 NOTES PAYABLE 367,967.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 10-14-2008 11:03 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2008 1'_1-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE TOTAL LIABILITIES 693,597.85 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,523,709.23 TOTAL BEGINNING EQUITY 2,523,709.23 TOTAL REVENUE 1,626,976.08 TOTAL EXPENSES 892,311.23 REVENUE OVER/(UNDER) EXPENSES 734,664.85 TOTAL EQUITY & OVER/(UNDER) 3,258,374.08 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 3,951,971.93 10-14-2008 11:03 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2008 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 0.00 2000-28220 BIRMINGHAM LOAN 33,756.09 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 2000-28280 CAZAD LOAN 175,334.96 TOTAL LIABILITIES 1,486,425.15 EQUITY 3000-34590 FUND BALANCE ( 1,486,425.15) TOTAL BEGINNING EQUITY ( 1,486,425.15) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,486,425.15) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 10-14-2008 11:05 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 112,164.82 0.00 1,050,489.84 0.00 249,510.16 80.81 INTEREST INCOME 9,000.00 950.05 0.00 11,128.01 0.00 ( 2,128.01) 123.64 MISCELLANEOUS INCOME 62,400.00 0.00 0.00 76,608.23 0.00 ( 14,208.23) 122.77 OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 113,114.87 0.00 1,626,976.08 0.00 ( 255,576.08) 118.64 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,628,443.00 60,331.16 0.00 892,311.23 0.00 736,131.77 54.80 TOTAL EXPENDITURES 1,628,443.00 60,331.16 0.00 892,311.23 0.00 736,131.77 54.80 REVENUE OVER/(UNDER) EXPENDITURES ( 257,043.00) 52,783.71 0.00 734,664.85 0.00 ( 991,707.85) 285.81- 10-14-2008 11:05 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 112,164.82 0.00 1,050,489.84 0.00 249,510.16 80.81 TOTAL TAXES 1,300,000.00 112,164.82 0.00 1,050,489.84 0.00 249,510.16 80.81 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 9,000.00 950.05 0.00 11,128.01 0.00 ( 2,128.01) 123.64 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 950.05 0.00 11,128.01 0.00 ( 2,128.01) 123.64 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 62,400.00 0.00 0.00 68,803.23 0.00 ( 6,403.23) 110.26 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 7,805.00 0.00 ( 7,805.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 62,400.00 0.00 0.00 76,608.23 0.00 ( 14,208.23) 122.77 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 113,114.87 0.00 1,626,976.08 0.00 ( 255,576.08) 118.64 10-14-2008 11:05 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 175,122.00 11,993.98 0.00 170,853.64 0.00 4,268.36 97.56 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 680.00 0.00 0.00 676.00 0.00 4.00 99.41 5611-51145 SICK LEAVE BUYBACK 1,800.00 0.00 0.00 1,799.28 0.00 0.72 99.96 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 9,200.00 830.78 0.00 9,161.69 0.00 38.31 99.58 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 2,918.88 0.00 57.12 98.08 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 16,609.00 1,223.14 0.00 17,195.25 0.00 ( 586.25) 103.53 5611-51410 HOSPITAL & LIFE INSURANCE 19,855.00 0.00 0.00 18,287.52 0.00 1,567.48 92.11 5611-51420 LONG-TERM DISABILITY 974.00 36.81 0.00 441.72 0.00 532.28 45.35 5611-51440 FICA 10,990.00 182.23 0.00 8,632.06 0.00 2,357.94 78.54 5611-51450 MEDICARE 2,979.00 183.92 0.00 2,617.20 0.00 361.80 87.85 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 198.00 0.00 342.00 36.67 TOTAL PERSONNEL SERVICES 242,273.00 14,679.78 0.00 233,329.24 0.00 8,943.76 96.31 SUPPLIES 5611-52010 OFFICE SUPPLIES 15,000.00 1,940.14 0.00 14,873.33 0.00 126.67 99.16 5611-52040 POSTAGE 820.00 19.00 0.00 673.11 0.00 146.89 82.09 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 117.98 0.00 5,364.22 0.00 935.78 85.15 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 22,120.00 2,077.12 0.00 20,910.66 0.00 1,209.34 94.53 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,412.95 0.00 1,587.05 47.10 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,412.95 0.00 1,587.05 47.10 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 254,155.00 11,146.00 0.00 62,596.00 0.00 191,559.00 24.63 5611-56040 SPECIAL SERVICES 39,471.00 1,352.15 0.00 38,133.50 0.00 1,337.50 96.61 5611-56080 ADVERTISING 35,000.00 510.00 0.00 34,838.37 0.00 161.63 99.54 5611-56090 COMMUNITY DEVELOPMENT 53,291.00 2,835.00 0.00 48,772.83 0.00 4,518.17 91.52 5611-56110 COMMUNICATIONS 4,450.00 461.50 0.00 3,146.38 0.00 1,303.62 70.71 5611-56180 RENTAL 17,600.00 477.30 0.00 16,451.94 0.00 1,148.06 93.48 5611-56210 TRAVEL AND TRAINING 29,128.00 1,196.32 0.00 12,837.40 0.00 16,290.60 44.07 5611-56250 DUES & SUBSCRIPTIONS 6,930.00 50.00 0.00 6,926.95 0.00 3.05 99.96 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 22,560.00 484.00 0.00 20,561.85 0.00 1,998.15 91.14 5611-56570 ENGINEERING - ARCHITECT SVC 19,249.00 0.00 0.00 8,687.88 0.00 10,561.12 45.13 5611-56610 UTILITIES - ELECTRIC 4,000.00 0.00 0.00 3,325.60 0.00 674.40 83.14 TOTAL CONTRACTUAL SERVICES 488,334.00 18,512.27 0.00 256,581.70 0.00 231,752.30 52.54 10-14-2008 11:05 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 297,198.00 18,197.04 0.00 289,879.71 0.00 7,318.29 97.54 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 16.52 0.00 ( 16.52) 0.00 TOTAL DEBT SERVICE & CAP. REPL 297,198.00 18,197.04 0.00 289,896.23 0.00 7,301.77 97.54 CAPITAL OUTLAY 5611-58110 LAND 481,250.00 0.00 0.00 218,958.42 0.00 262,291.58 45.50 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 1,350.85 0.00 149.15 90.06 5611-58830 FURNITURE & FIXTURES 6,000.00 50.99 0.00 5,575.25 0.00 424.75 92.92 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 1 222,471.59) 0.00 222,471.59 0.00 TOTAL CAPITAL OUTLAY 488,750.00 50.99 0.00 3,412.93 0.00 485,337.07 0.70 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 86,767.52 0.00 0.48 100.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 86,767.52 0.00 0.48 100.00 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 60,331.16 0.00 892,311.23 0.00 736,131.77 54.80 TOTAL EXPENDITURES 1,628,443.00 60,331.16 0.00 892,311.23 0.00 736,131.77 54.80 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00) 52,783.71 0.00 734,664.85 0.00 ( 991,707.85) 285.81- "" END OF REPORT "" Wylie Economic Development Corporation Balance Sheet Sub ledger September 30, 2008 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance August 31, 2008 $1,472,778.17 September Inwood(#35 of 120) $10,336.13 $629,499.82 $7,319.77 $3,016.36 $622,180.05 Birmingham(#55 of 60) 5,741.48 33,756.10 Paid in August 33,756.10 Hughes(#26 of 120) 3,774.70 284,897.88 2,350.21 1,424.49 282,547.67 City of Wylie(#15 of 24) 6,813.96 66,543.29 6,525.61 288.35 60,017.68 Prime Kuts(#11 of 120) 2,539.59 214,473.27 1,467.23 1,072.37 213,006.04 Bowland(#11 of 60) 773.31 34,136.14 602.63 170.68 33,533.51 Anderson(#11 of 60) 773.31 34,136.14 602.63 170.68 33,533.51 i CapitalOne(#5 of 120) 2,034.96 175,334.96 Paid in August 175,334.96 September 30, 2008 $18,868.08 $1,453,909.52 Note: Principal and Interest payments vary by date of payment. 1 E Wylie Economic Development Corporation Balance Sheet Subledger September 30, 2008 Inventory-Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 KCS Cooper Dr. 0.406 n/a 60,207.87 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 1 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 210 Industrial 0.27 3,900 200,781.55 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Sale to Savage -3.87 -98,917.20 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 29.03 2,639,582.38 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF SEPTEMBER 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2006 2007 2008 07 VS 08 07 VS 08 DECEMBER $74,957 $82,910 $82,384 -$526 -0.70% JANUARY 74,764 86,614 89,898 3,284 4.39% FEBRUARY 110,794 121,615 132,441 10,826 9.77% MARCH 88,544 83,172 86,460 3,287 3.71% APRIL 67,714 81,377 86,004 4,627 6.83% MAY 113,042 124,616 130,208 5,592 4.95% JUNE 86,454 86,779 99,523 12,744 14.74% JULY 89,148 90,996 98,845 7,849 8.80% AUGUST 122,188 114,655 132,563 17,909 14.66% SEPTEMBER 69,876 99,715 112,165 12,449 17.82% OCTOBER 78,861 91,185 NOVEMBER 122,383 124,515 Sub-Total $1,098,726 $1,188,149 $1,050,490 $78,041 8.03% AUDIT ADJ TOTAL $1,098,726 $1,188,149 $1,050,490 $78,041 8.03% WEDC SALES TAX RECEIPTS $140,000 $120,000 :, $100,000 € i ffill,,' II rl!.: '!,i NI ' $80,000 : ir I. 114'l.. H.- t1r MlIFi'l If'i IF',; ' ': ' l ' ' ' 'e ' ' ' ■ ,::::' �. :t- 1■2008 1 g P ei 4 a1 so I `m a 2 -.) o) a a a o 0 0 z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: October 20, 2008 Budgeted Amount: Exhibits: Four Subject (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. Recommendation Motion authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. Discussion Mr. Steve Gee, representing Southbrook Phase III and Attorney Mr. Art Anderson contacted the City in regards to initiating a Development Agreement. Staff has met with City Attorney Mr. Richard Abernathy and discussed the general contents of the agreement. Through numerous iterations, the attached proposed Agreement is presented for consideration. The proposed Agreement sets forth the property involved, which consists of a 7 acre tract. The property is currently within the Extraterritorial Jurisdiction (ETJ) of the City of Wylie. The Agreement states the Developer agrees to file a petition for annexation of the property within thirty (30) days after the approval of this Agreement. The property shall be developed and permits issued in accordance with the proposed Agreement regardless of the zoning classification affixed to the property. All development shall substantially comply with the Final Plat. Properties to the north were platted in 1988 as the Twin Lakes Subdivision and developed with 8,500 square foot minimum lots and 1,500 square foot minimum dwelling size. Properties to the east and south are part of Southbrook Phases I & II and were platted in 2003 and 2005 respectively. Phases I & II are developed with a minimum lot size of 8,000 square feet and a minimum dwelling size of 1,700 square feet. Alleys and rear entry garages are prevalent throughout the adjacent subdivisions. Exhibit C outlines how the residential design requirements will be achieved for the development. Constraints of the tract and its connectivity to existing subdivisions limits the Land Design as well as Street and Sidewalk Requirements as listed in Article 3 Section 3.4.C. The minimum dwelling size proposed by the Agreement is 1,957 square feet (air conditioned) with a minimum lot area of 10,000 square feet. The proposed development will meet the base exterior material requirements of 100% brick, stone or masonry stucco, with a 20% stone or decorative brick accent on the front façade. Page 1 of 2 Page 2 of 2 The following desirables will be achieved in accordance with this agreement which exceed the required 5 Architectural requirements. 1. Both Front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. 2. An automated irrigation system will be installed. 3. Each dwelling unit will be certified by USGBC or LEEDS for energy and water. 4. House numbers will have lighted front wall plaque. 5. Chimney enclosed with masonry matching exterior walls and capped with 40% stone to match house. 6. 60 square feet or larger front entry porch. 7. Board on Board fencing. 8. Mailboxes will be paired at lot lines and will incorporate stone to match house. The Agreement sets in place the building setbacks for the development as follows: a minimum rear yard setback of 20 feet in lieu of the required 25 feet and a minimum side yard setback on a corner lot of 15 feet as opposed to 25 feet. Typical lot width being proposed is 89 feet. City required development fees shall apply to the development. A Final Plat must be approved and filed prior to the issuance of any building permits. 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O,�II 111111 ear ■ IIII.M11 111011��l a i j I Mitla= ,�. . :oil= �i ia. si�i Ir I�I i I I r f1I111I I .l11111I IIHIiiimm I I I • 1 Li T" Adiam, z.iiiiii■ Aft 1,7 �f'"` ..is s. `�`,*,!- r--- i ; 1 1 I I If .0. �i Or/ � i��iilll / I I 1 II ; 1 I .. 4it;.!!p 4ituu N.r,,, STATE OF TEXAS § § DEVELOPMENT AGREEMENT COUNTY OF COLLIN § THIS DEVELOPMENT AGREEMENT (the "Agreement") is executed this 28th day of October, 2008 ("Effective Date"), by and among the CITY OF WYLIE, TEXAS, a municipal corporation existing under the laws of the State of Texas (the "City") and JAMES STEPHEN GEE and STACY LYNN GEE ("Developer"). RECITALS WHEREAS, Developer is the owner and developer of certain real property described in Exhibit "A" (the "Property") located in the extraterritorial jurisdiction ("ETJ") of the City of Wylie, Collin County, Texas, and a development known as Southbrook Phase III (the "Development"). WHEREAS, the Parties intend that the Property described in Exhibit"A" attached hereto, which is in the City of Wylie's ETJ, shall be annexed into the City of Wylie as provided by law and by this Agreement. WHEREAS, the Parties desire to obtain the benefits of certainty and predictability that can be provided by a development agreement. WHEREAS, the Parties have the authority to enter into this Agreement including, but not limited to, the authority granted by Section 212.172 of the TEXAS LOCAL GOVERNMENT CODE. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the City, and Developer agree as follows: I ANNEXATION AND DEVELOPMENT 1.1 Agreement to Annex. Developer agrees to file a petition for annexation of the Property within thirty (30) days after the approval of this agreement. Regardless of the zoning classification affixed to the Property after annexation, the Property shall be developed and permits issued in accordance with this Agreement. 1.2 Development Plan. Development of the Property during the term of this Agreement shall be in accordance with the Development Plan as depicted in Exhibit "B" and shall serve as the Preliminary Plat. All development applications shall substantially comply with the Final Plat. DEVELOPMENT AGREEMENT-Page 1 1.3 Regulations/Fees Applicable. All regulations pertaining to the development of the Property set forth in this Agreement and all exhibits hereto (including the Development Plan), together with the City's development regulations as modified by this Agreement, shall constitute the development standards and conditions applicable to the Property (the "Development Standards"): (A) The development standards of the Single Family-10/24 District contained in the City's Zoning Ordinance shall apply to the Development except as shown on Exhibit "C". The minimum house size shall be 1,957 square feet. (B) City-required development fees shall apply to the Development. II NOTICE Notice. Any notice to be given or to be served upon a party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail and shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited in the United States mail, and if given otherwise than by certified or registered mail, it shall be deemed to have been given and delivered to and received by the party (or such party's agent or representative) to whom it is addressed. Such notice shall be given to the parties hereto at the address set forth below. Any party hereto may, at any time by giving two (2) days written notice to the other parties, designate any other address in substitution of the foregoing address to which such notice shall be given. If Notice to Developer: Steve Gee 5800 E. Campus Circle Drive Suite 234-A Irving, TX 75063 with a copy to: Arthur J. Anderson Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2199 DEVELOPMENT AGREEMENT—Page 2 If Notice to Wylie: Mindy Manson City Manager City of Wylie 2000 State Highway 78 North Wylie, TX 75098 with a copy to: Richard Abernathy City Attorney Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Blvd. Suite 300 McKinney, Texas 75070 III DEFAULT 3.1 If a party is in default under this Agreement, the nondefaulting party must notify the defaulting party in writing of an alleged failure by the nondefaulting party to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The alleged defaulting party must, within 30 days after receipt of such notice or such longer period of time as may be specified in such notice, either cure such alleged failure or, in a written response, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. 3.2 The nondefaulting party must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the alleged defaulting party. The alleged defaulting party must make available, if requested, any records, documents or other information necessary to make the determination. 3.3 If the nondefaulting party determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the nondefaulting party, or that such failure is excusable, such determination must conclude the investigation. 3.4 If the nondefaulting party determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the alleged defaulting party in a manner and in accordance with a scheduling reasonably satisfactory to the nondefaulting party, then the nondefaulting party may proceed to mediation. DEVELOPMENT AGREEMENT—Page 3 3.5 In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described hereinabove, the parties agree to submit the disputed issue to non-binding mediation. The parties must participate in good faith, but in no event must they be obligated to pursue mediation that does not resolve the issue within two days after the mediation is initiated or 14 days after mediation is requested. The parties participating in the mediation must share the costs of the mediation equally. 3.6 In the event of a determination that the defaulting party has committed a material breach of this Agreement that is not resolved in mediation, the nondefaulting party may file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity. IV MISCELLANEOUS 4.1. Assignment of Agreement. This Agreement may be assigned by Developer without the prior written consent of the City. 4.2 Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County, Texas. Exclusive venue shall be in state district court in Collin County, Texas. 4.3 Savings/Severability. In case anyone or more provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.4 Authority. Each of the parties represents and warrants to the other that they have the full power and authority to enter into and fulfill the obligations of this Agreement. 4.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties to this Agreement. 4.6 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. 4.7 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. 4.8 Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. DEVELOPMENT AGREEMENT—Page 4 4.9 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 4.10 Time is of the Essence. Time is of the essence in this Agreement. 4.11 Recordation, Releases, and Estoppel. Pursuant to the requirements of Section 212.172( c)( 4) of the Texas Local Government Code, this Agreement, and all amendments to this Agreement, shall be recorded in the deed records of Collin County, Texas. This Agreement shall be binding upon: (1) the Property and, except as provided in this subsection, future owners of all or any portion of the Property ("Successors"); (2)the parties; (3) assignees; and (4) lenders. Notwithstanding the foregoing, however, this Agreement is not binding upon, and shall not constitute any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the Property except for land use and development regulations that apply to specific lots. For purposes of this Agreement: (A) the term "end-buyer" means any owner, developer, tenant, user, or occupant; (B) the term "fully developed and improved lot" means any lot, regardless of the use, for which a final plat has been approved by the City; and (C) the term "land use and development regulations that apply to specific lots" mean the Development Standards applied in accordance with this Agreement. A successor is not a party to this Agreement unless this Agreement is amended to add the successor as a party (which amendment shall be signed by the successor). 4.12 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties must promptly execute and file of record, in the Official Public Records of Real Property of Collin County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 4.13 Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and authorized assigns. This Agreement only inures to the benefit of, and may only be enforced by, the parties, assignees, lenders, successors, and the City. No other person or entity is a third-party beneficiary of this Agreement. 4.14 Authority. The City represents and warrants that this Agreement has been approved by the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. Each assignee, lender, or successor who becomes a party to this Agreement represents and warrants that this Agreement has been approved by appropriate action of such assignee, lender, or successor and that the individual executing this Agreement on behalf of such assignee, lender, or successor has been authorized to do so. DEVELOPMENT AGREEMENT—Page 5 4.15 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights except as to the enforcement of this Agreement. 4.16 Effective Date. The effective date of this Development Agreement shall be the date on which this Agreement is approved by the City Council of the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first below written. EXECUTED in duplicate originals this the 28th day of October, 2008. CITY OF WYLIE,TEXAS By: Eric Hogue, Mayor APPROVED AS TO FORM: By: Richard Abernathy, City Attorney EXECUTED in duplicate originals this the day of , 2008. By: Name: Its: DEVELOPMENT AGREEMENT—Page 6 STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on the day of , 2008, by James Stephen Gee. [Seal] Notary Public--State of Texas STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on the day of , 2008, by Stacy Lynn Gee. [Seal] Notary Public--State of Texas DEVELOPMENT AGREEMENT—Page 7 STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2008, by , Mayor of City of Wylie, Texas. [Seal] Notary Public--State of Texas DEVELOPMENT AGREEMENT—Page 8 Exhibit "A" Description of Property • BEING a tract of land situated in the Allen Acr.erberry Survey, Abstract No. 23, Collin County, Texas, and being a part of a tract of land described in a'deed to Fred Ronald Mobbs and Jean Mobbs recorded in Volume 1731, Page 385 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: • COMMENCING at a 1/2" iron rod found on the East right of way line of Ballard Street (60 foot right of way) being the Northwest corner of said Mobbs tract as described in the aforementioned deed and currently being.the Northwest corner of a tract of land described in a deed to East Fork Special Utility District recorded in Clerk's Pile No. 2000-0041.889 of the Deed Records of Collin County, TeXas; THENCE South with said East right of way line, a distance of 247.00 feet to a 1/2" iron rod found with cap being the Southwest corner Of said East Fork Special Utility District tract and the POINT OF BEGINNING of the herein described tract; THENCE North 89 degrees 55 minutes 00 seconds East, with the South line of said East Fork Special Utility District tract, a distance of 480.00 feet to a 1/2" iron rod found with cap being the Southeast corner of said East Fork Special . Utility District tract for an ell corner of this tract; THENCE North with the East line of said East Fork Special Utility District tract, a distance of 247.00 feet to a 1/2"' iron rod found on the North line of said Mobbs tract being the Northeast corner of said East Pork Special Utility District tract for the most Northerly Northwest corner of this tract; THENCE South 89 degrees 57 minutes 56 seconds East, with the North line of said Mobbs tract, a distance of 1048.06 feet (deed calls North 89 degrees 56 minutes East) to a point, from which a fence corner post bears South 82 degrees 41 minutes 27 seconds East, a distance of 1.19 feet, said point being the Northeast corner of said Mobbs tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper, recorded in Volume.2819, Page 861 of the Deed Records of Collin County, Texas; THENCE South 00 degrees 05 minutes 00 seconds East, with the West line of said Cooper tract, a distance of 277.00 feet to a 1/2" iron rod found on the South line of said Atterberry Survey and the North line of. the D.W. Williams Survey,. Abstract No. 980, being the Southeast corner of said Mobbs tract and being the Southwest corner of said Cooper tract and being the Northwest corner of a tract of land described in.a deed'to Raymond B. Cooper recorded in Volume 1326, Page 238 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land described in a deed to Verna May Poor and Michael Ray Poor recorded in Clerk's File No. 99-0055923 of the Deed Records of Collin County, Texas; THENCE North 89 degrees 58 minutes 17 seconds West, With the South line of said Mobbs tract, a distance of 1101.72 feet (deed calls South 89 degrees 56 minutes West, a distance of 1101.10 feet), to a 1/2" iron rod found being the Northwest corner of said Poor tract and being the Northeast corner of a tract of land described in a deed to Mary Elanor Stone Howrey recorded in Volume 531, Page 695 of the Deed Records of Collin County, Texas; • THENCE South 89 degrees 55 minutes 00 seconds West, with said South line, a distance of 426.74 feet (deed calls 427.36 feet) to a 1/2" iron rod set with cap stamped "Precise Land Surv." on the aformentioned East right of way line being the Southwest corner of said Mobbs tract and being the Northwest corner of said Howrey tract; THENCE North with said East right of way line, a distance of 30.00 feet to the POINT.OP BEGINNING, CONTAINING 304,826 square feet or 6.998 acres of land. DEVELOPMENT AGREEMENT—Page 9 I l • - ___ - - ___ -1 I Z►^ , \ 1 lip I I I '^ I I I ` is EI " I 1,0 I I I I I I1v I I I I II ICE I I I ) ilL / II I I II I - - - - - - -I - - - - -f- - - L- - - - - - -� - - - - LJLJ ! 2 / M NV D YE .�- -�- - - T Q-.'.`+.." ,-- T - - jr?-- T - - �T -Th-l�- - -r -.�-- - - - - I I I 1 1 I I I I I I I I 44 3 42 I 40 I 39 38 I I 4,( I I 34 I I 33 ( 2 I 31 I 30 29 I 28 I 1 �1 I I ) I7 38 3S .I ,I 1� 1 .. , i _ i _c. , _ i _2 -(- k N sr tellE :.-- c . . ‘.._w "`: 10.000 10,048 SF�.043 SF 10.0 10.03 SF 10.028 SF 10,023 Sr 10,018 SF 10.013 SF 1D.0 - 12.6 SF \ N -.)%s.- 1 ^ 3 — 4 5 • . 7 8 9 10 11 =`12 .32 2f,ILL 25'ILL .... N \I_ T 200 SF sr a T� • • • . 2 IIt\ c FOR DRIP W • • • , - � �. . T 17, 2 0,0.9e6 , /3t 1 1 2 • 3 4 5 I 6 © 7 Na ` 9 10 51 L /111,0 SF 10,356 SF 10,348 SFF 10,338 SF 10,328 SF 10,315 SF 10,3w SF 10.300 SF 10 , 10,287 SF— - - a ,a s0' —.�: ` ` ` N — `\ ` a `�� is • —7 _ ft r__ -.\ \ Ir n I / 1 T rareom. T_ _ r _ i _ F .,...r.._ \I I I I I k 1 Y 1 ' 2 I 3 4 I O� P� �.#,1A 7 9 10 11 I t2 I I � —lo I SQ9 , ,8 QI1 4 I I 1 I I slOA1 1 I 1 �\ 1 I I '�c- EXHIBIT "C" The Development will comply with the current SF 10/24 development standards except as follows: DEVELOPMENT REGULATION SOUTHBROOK PHASE III Lot Area minimum 10,000 sf Lot Width 70 sf Minimum Square Footage 1957 sf Side Yard Corner Lot 15 sf Rear Yard 20 sf Fencing All fencing to be steel post with 8 ft max height Landscaping Both front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. Conservation/Sustainability Certified by USGBC or LEEDS for energy and water. House Numbers Lighted front wall plaque Exterior Façade Material 100% brick, stone or masonry stucco, with 20% stone or decorative brick accent. Chimneys Enclosed with masonry matching exterior walls and capped with 40°/a stone to match the house. Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles. Garage Entry No doors facing Primary Street Outdoor Lighting Front entry and drive garage illuminated by standard porch light. Building Bulk Articulation Min. 25% of street façade offset min 2ft, min. 60%total area on 1st floor of two story Porch-Front 60 square feet or larger covered front entry. Roof Pitch 8:12 min. Roof Eaves No wood Fascia or soffit. Repetition of Floor Plans and Elevations 7 lots skipped on the same side of the street before repeating similar floor plan and elevation. 4 lots skipped opposite side of street and no identical or flipped floor plans side by side or directly across the street. Fence Board on board fencing. Mail box Paired at lot line and incorporate stone to match house. Wylie City Council CI_14/ TY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: 2 (City Secretary's Use Only) Department: Purchasing Prepared By: Jim Holcomb Account Code: Date Prepared: October 14, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-46(R) authorizing the Cities Aggregation Power Project (CAPP) to negotiate an electric supply agreement effective January 1, 2009, authorizing CAPP to act as an agent on behalf of the City and to enter into a contract for electricity and related services with FPL Energy and Direct Energy, authorizing the Chairman of CAPP to execute an electric supply agreement for deliveries of electricity effective January 1, 2009, committing to budget for energy purchases and to honor the City's commitment to purchase power through CAPP for the City's electrical needs beginning January 1, 2009 through December 31, 2013. Recommendation Motion to approve Resolution No. 2008-46(R) authorizing the Cities Aggregation Power Project (CAPP) to negotiate an electric supply agreement effective January 1, 2009, authorizing CAPP to act as an agent on behalf of the City and to enter into a contract for electricity and related services with FPL Energy and Direct Energy, authorizing the Chairman of CAPP to execute an electric supply agreement for deliveries of electricity effective January 1, 2009, committing to budget for energy purchases and to honor the City's commitment to purchase power through CAPP for the City's electrical needs beginning January 1, 2009 through December 31, 2013. Discussion Cities Aggregation Power Project, Inc. (CAPP) was created as a non-profit political subdivision corporation in response to the deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of member cities in order to negotiate lower, more stable rates through bulk purchasing. In July of this year, Council approved a resolution for the City to become a participating member of CAPP. The City is currently purchasing electricity through a CAPP "bridge contract" which expires December 31, 2008. CAPP is in the process of negotiating a new five-year contract on behalf of its member cities which will take effect January 1, 2009. It should be noted that this is the standard CAPP contract and not the long- term, prepaid contract which Council discussed and rejected in a recent workshop. The energy provider under the new contract will be FPL Energy and Direct Energy will perform the necessary billing and administrative services. Based on current market conditions, CAPP anticipates that they can lock in a fixed commodity price in the range of$.08 per KWH if members act quickly. The City is currently paying $.108 per KWH. The proposed resolution is necessary if the City is to participate in the new five-year contract. Approved By Initial Date Department Director JB/� l 10/14/08 City Manager f' 1 l 10 I / Page 1 of 1 RESOLUTION NO. 2008-46(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT ENERGY AND AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2009; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS BEGINNING JANUARY 1, 2009 THROUGH DECEMBER 31,2013. WHEREAS, the City of Wylie, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its 111 political subdivision members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the City's current contract for power expires December 31, 2008; and WHEREAS, CAPP members must secure power supplies for 2009 or revert to high price standard contracts and independently shop for a power contract; and WHEREAS, the CAPP Board of Directors is currently considering indicative retail energy prices that point to favorable pricing for the five year period ending December 31, 2013; and WHEREAS, power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each CAPP member; and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2009 deliveries will be short-lived and that CAPP must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and Resolution No. 2008-46(R) CAPP Electric Supply Agreement WHEREAS, aggregated rates contracted during favorable pricing periods are likely to be lower than prices obtained by the City contracting individually during the same time period; and WHEREAS, suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the City needs to assure CAPP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through CAPP for the period beginning January 1, 2009, and extending through December 31, 2013; and WHEREAS, CAPP intends to continue to contract with both FPL Energy (power supply) and Direct Energy (billing, administrative and other customer services); and WHEREAS, the current contractual relationships between CAPP and FPL Energy and Direct Energy have been beneficial and cost effective for CAPP members and the City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: That the CAPP Board and its consultants and advisors are agents authorized to negotiate for the City's electric power needs as a member of CAPP and to contract for the electric power supply and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 2: That the City approves CAPP contracting with FPL Energy and Direct Energy for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 3: That the Chairman of CAPP is hereby authorized to sign a Commercial Electric Service Agreement ("CESA") for the City pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. Section 4: That the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by CAPP and the CESA signed by the Chairman of CAPP on behalf of the City for the term beginning January 1, 2009 and extending up to December 31, 2013. Section 5: That a copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. Resolution No.2008-46(R) CAPP Electric Supply Agreement DULY PASSED AND APPROVED on this 28th day of October, 2008, by a vote of ayes and nays at a regular meeting of the City Council of the City of Wylie, Texas. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-46(R) CAPP Electric Supply Agreement Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: 3 (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: Date Prepared: October 9, 2008 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Resolution No. 2008-47(R) finding that Oncor Electric Company's requested increases to its electric transmission and distribution rates and charges within the city should be denied; finding that the city's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Recommendation Motion to approve Resolution No. 2008-47(R) finding that Oncor Electric Company's requested increases to its electric transmission and distribution rates and charges within the city should be denied; finding that the city's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Discussion PURPOSE Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) The Company asks the City to approve a 17.6% increase in residential rates, a 9.1% increase in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717. The resolution denies the Company's requested rate increase and requires that the Company's current rates be maintained for all customers within the City. DISCUSSION The City, pursuant to § 33.001 of the Public Utility Regulatory Act, has exclusive original jurisdiction over the electric rates charged by the Company. In accordance with that authority, the City lawfully suspended the August 8th effective date for 90 days to review the Company's requested rate increase. The City's review of Oncor's rate increase request is coordinated by the Oncor Cities Steering Committee ("Steering Committee"). The City is a member of the 145-city Steering Committee. The Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 20 years. To conduct the review and any necessary litigation of Oncor's requested rate increase, the Executive Committee Page 1 of 2 Page 2 of 2 of the Steering Committee retained lawyers and consultants with expertise in regulatory rate making issues. Legal efforts are being directed by Geoffrey Gay, Kristen Doyle and Thomas Brocato with the law firm of Lloyd Gosselink Rochelle & Townsend. All reasonable consulting and legal fees incurred by the Steering Committee are reimbursable by the Company. The major components underlying Oncor's requested $275 million increase include an increase for depreciation expense ($131 million), a substantial increase to the Company's storm reserve ($81 million) and additional costs for pension and post retirement benefits ($36 million). Based upon the analysis of the Company's filing and review of discovery responses, the Steering Committee's consultants have determined that the Company's increase cannot be substantiated by evidence. In particular, Steering Committee experts have identified problems with the evidence offered by the Company supporting its requested rate of return, cash working capital, depreciation expense, consolidated taxes, federal income taxes, storm damage reserve and pension and post retirement benefits. The preliminary analysis indicates that Cities will likely be proposing cumulative reductions to the Company's requested rate increase in excess of $200 million. In addition, Cities' experts will file testimony regarding the rate design and cost allocation proposals made by Oncor. The action taken by the City to deny Oncor's rate increase will be appealed by the Company to the Public Utility Commission ("PUC") of Texas. The appeals of all individual city actions will be consolidated into the current proceeding at the PUC, Docket No. 35717. The Steering Committee is already actively involved in Docket No. 35717 and will file testimony challenging the Company's support for the rate increase. The hearing regarding Oncor's requested rate increase will begin January 13, 2009 and is expected to last three weeks. In an effort to avoid litigation if at all possible, parties to the proceeding have scheduled meetings with the Company to investigate the possibility of settlement. Explanation of"Be It Resolved" Paragraphs: Section 1. This section finds that the new rates proposed by the Company to be unreasonable and denies Oncor's request to increase rates. Section 2. This section requires Oncor to continue to charge its existing transmission and distribution rates to customers within the City. Section 3. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. No individual city incurs liability for payment of rate case expenses by taking action to deny the Company's rate increase. Section 4. This section recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Oncor and Steering Committee counsel will be notified of the City's action by sending a copy of the approved and signed resolution to certain designated individuals. Approved By Initial Date Department Director 3 City Manager !' 4(\ �'� RESOLUTION NO.2008-47(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS FINDING THAT ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, pursuant to § 33.001 of the Public Utility Regulatory Act ("PURA"), the City has exclusive original jurisdiction over the electric rates, operations, and services provided within city limits; WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company ("Oncor" or "Company"), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Wylie ("City") a Statement of Intent to increase electric transmission and delivery rates by $275 million on a system-wide basis within its service area effective August 8, 2008; and WHEREAS, pursuant to PURA § 36.108, the City lawfully suspended the August 8, 2008, effective date by resolution to provide time to study the reasonableness of the Company's application to increase rates; and WHEREAS, the City is a member of the Oncor Cities Steering Committee (Steering Committee) and has cooperated with 145 similarly situated city members to conduct a review of the Company's application, to hire and direct legal counsel and consultants, to prepare a common response to the filing, to negotiate with the Company and to direct any necessary litigation appealing final city action; and WHEREAS, the City, in a reasonably noticed meeting that was open to the public, considered the Company's application; and WHEREAS, the consultants who were retained by the Steering Committee to evaluate the merits of the Company's application have determined that the Company's requested $275 million increase in revenues for its transmission and distribution system is not supported by evidence; and WHEREAS, PURA § 33.023 provides that reasonable costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. Resolution No.2008-47(R) Denying Oncor Electric Delivery Requested Rate Increases NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That the rates proposed by Oncor Electric Delivery Company, to be recovered through its electric transmission and distribution rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. 2. That the Company shall continue to charge its existing rates for transmission and distribution services to customers within the City. 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Oncor, care of Debra Anderson, Oncor Electric Delivery Company, 1601 Bryan St., Suite 23-055C, Dallas, Texas 75201 and to Geoffrey Gay, General Counsel to the Oncor Cities Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 28th day of October, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-47(R) Denying Oncor Electric Delivery Requested Rate Increases Oncor Cities Steering Committee Addison Flower Mound Odessa Allen Forest Hill Ovilla Alvarado Fort Worth Palestine Andrews Frisco Pantego Anna Frost Paris Archer City Gainesville Plano Argyle Garland Prosper Arlington Glenn Heights Pottsboro Bedford Grand Prairie Ranger Bellmead Granger Rhome Belton Grapevine Richardson Benbrook Gunter Richland Hills Big Spring Haltom City River Oaks Beverly Hills Harker Heights Roanoke Breckenridge Heath Robinson Bridgeport Henrietta Rockwall Brownwood Hewitt Rosser Buffalo Highland Park Rowlett Burkburnett Honey Grove Sachse Burleson Howe Saginaw Caddo Mills Hurst Seagoville Cameron Hutto Sherman Canton Iowa Park Snyder Carrollton Irving Southlake Cedar Hill Jolly Springtown Celina Josephine Stephenville Centerville Justin Sulphur Springs Cleburne Kaufman Sunnyvale Colleyville Keller Sweetwater Collinsville Kerens Temple Coahoma Lake Worth Terrell Comanche Lakeside The Colony Commerce Lamesa Tyler Coppell Lewisville University Park Copperas Cove Lindale Venus Corinth Little Elm Waco Crowley Little River Academy Watauga Dallas Malakoff Waxahachie Dalworthington Gardens Mansfield White Settlement De Soto McKinney Wichita Falls DeLeon Mesquite Willow Park Denison Midland Woodway Duncanville Midlothian Wylie Early Murchison Eastland Murphy Edgecliff Village Nacogdoches Euless New Chapel Hill Everman North Richland Hills Fairview O'Donnell Farmers Branch Oak Leaf Fate Oak Point Lloyd816 Congress Avenue,Suite 1900 4.. Austin,Texas 78701 Gosselink Telephone:(512) 325800 Facsimile:(5a 1� ATTORNEYS AT LAW www.lglawfirm.com Ms.Doyle's Direct Line: (512)322-5820 Email: kdoyle@lglawfirm.com MEMORANDUM TO: Members of the Oncor Cities Steering Committee With Original Jurisdiction FROM: Geoffrey M. Gay Kristen Doyle Thomas Brocato DATE: September 29, 2008 RE: ACTION NEEDED BY NOVEMBER 6,2008—Denying Oncor's Requested Rate Increase The Executive Committee of the Oncor Cities Steering Committee ("Steering Committee") met last Thursday to hear recommendations from the attorneys and consultants working on Oncor's proposed $275 million rate increase and to discuss final action to be taken at the city level. Based upon the information provided by the consultants, the Executive Committee members approved a motion recommending that all Steering Committee members with original jurisdiction take action to DENY Oncor's requested $275 million rate increase. The attached documents (model resolution and staff report, list of Steering Committee members and supporting documents) will accomplish this objective. Please place the resolution denying Oncor's requested increase on your city council's agenda for consideration and action on or before November 6, 2008. Note that because the city will not be setting new rates (only maintaining existing rates), final action by resolution should be sufficient. If you are unable to meet the November 6th deadline for action, please contact me as soon as possible. The Company will appeal the final actions taken by cities to the Public Utility Commission, where the appeals will be consolidated with the pending docket created by the PUC for the Company's request, Docket No. 35717. Testimony by the Steering Committee will be filed on November 26, 2008. A hearing on the merits is scheduled to begin on January 13, 2009. A final order from the Commission is expected on or before June 26, 2009. In addition to the projected annual residential rate impact of approximately $60 for the Company's rate request, the Company has recently received approval from the PUC to collect $27 annually from residential customers through a surcharge that will be in place for the next 11 years to pay for advanced metering. This is on top of a projected increase to annual rates paid by all ERCOT customers of$70 - $100 beginning as early as 2010 to pay for the build-out of transmission lines to transport energy generated by wind from West Texas to the rest of the ERCOT market. If you have any questions, please feel free to contact Geoffrey (512/322-5875, ggay@lglawfirm.com), Kristen (512/322-5820, kdoyle@lglawfirm.com) or Thomas (512/322-5857, tbrocato@lglawfirm.com). Lloyd Gosselink Rochelle & Townsend, P.C. MODEL STAFF REPORT ***ACTION MUST BE TAKEN TO DENY THE REQUESTED RATE INCREASE ON OR BEFORE NOVEMBER 6,2008*** PURPOSE Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) The Company asks the City to approve a 17.6% increase in residential rates, a 9.1% increase in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717. The resolution denies the Company's requested rate increase and requires that the Company's current rates be maintained for all customers within the City. DISCUSSION The City, pursuant to § 33.001 of the Public Utility Regulatory Act, has exclusive original jurisdiction over the electric rates charged by the Company. In accordance with that authority, the City lawfully suspended the August 8th effective date for 90 days to review the Company's requested rate increase. The City's review of Oncor's rate increase request is coordinated by the Oncor Cities Steering Committee ("Steering Committee"). The City is a member of the 145-city Steering Committee. The Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 20 years. To conduct the review and any necessary litigation of Oncor's requested rate increase, the Executive Committee of the Steering Committee retained lawyers and consultants with expertise in regulatory rate making issues. Legal efforts are being directed by Geoffrey Gay, Kristen Doyle and Thomas Brocato with the law firm of Lloyd Gosselink Rochelle & Townsend. All reasonable consulting and legal fees incurred by the Steering Committee are reimbursable by the Company. The major components underlying Oncor's requested $275 million increase include an increase for depreciation expense ($131 million), a substantial increase to the Company's storm reserve ($81 million) and additional costs for pension and post retirement benefits ($36 million). Based upon the analysis of the Company's filing and review of discovery responses, the Steering Committee's consultants have determined that the Company's increase cannot be substantiated by evidence. In particular, Steering Committee experts have identified problems with the evidence offered by the Company supporting its requested rate of return, cash working capital, depreciation expense, consolidated taxes, federal income taxes, storm damage reserve and pension and post retirement benefits. The preliminary analysis indicates that Cities will likely be proposing cumulative reductions to the Company's requested rate increase in excess of $200 million. In addition, Cities' experts will file testimony regarding the rate design and cost allocation proposals made by Oncor. The action taken by the City to deny Oncor's rate increase will be appealed by the Company to the Public Utility Commission ("PUC") of Texas. The appeals of all individual city actions will be consolidated into the current proceeding at the PUC, Docket No. 35717. The Steering Committee is already actively involved in Docket No. 35717 and will file testimony challenging the Company's support for the rate increase. The hearing regarding Oncor's requested rate increase will begin January 13, 2009 and is expected to last three weeks. In an effort to avoid litigation if at all possible, parties to the proceeding have scheduled meetings with the Company to investigate the possibility of settlement. Explanation of"Be It Resolved" Paragraphs: Section 1. This section finds that the new rates proposed by the Company to be unreasonable and denies Oncor's request to increase rates. Section 2. This section requires Oncor to continue to charge its existing transmission and distribution rates to customers within the City. Section 3. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. No individual city incurs liability for payment of rate case expenses by taking action to deny the Company's rate increase. Section 4. This section recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Oncor and Steering Committee counsel will be notified of the City's action by sending a copy of the approved and signed resolution to certain designated individuals. ONCOR RATE CASE SUMMARY OVERVIEW • Oncor reached agreements with the Cities and the PUC to file a rate review by July 1, 2008. • Oncor has not had a rate review since 2001. • Rate Review filing purportedly represents Oncor's current costs to provide electric delivery service. • Oncor is requesting an increase in system wide rates of 2.7 percent, or about $5.09 per month for the average residential customer (1300 kWh/month). RATE REQUEST • Rate filing requests a total system-wide increase of$275 million. • Oncor also seeks approval for $42 million for energy efficiency expenditures. • Retail delivery service revenues would increase $230 million and transmission revenues would increase by $45 million. • Major Components Supporting Requested Increase Depreciation $131 million Storm Cost/Self Insurance $ 81 million Pension and Post Retirement Benefits $ 36 million 1 COMPANY FILING (made on June 27, 2008) 26 Witnesses • 14 Internal Company Experts • 12 External Experts • Rate filing package is 12 volumes = 4,283 plus pages of testimony, schedules and work papers • 17,950 pages of voluminous material • Overall annual cost to run business = $2.8 billion • Significant infrastructure investment— Rate Base of$7.3 billion • Depreciation rates do not reflect current level of investment • Storm losses have increased dramatically - i.e., - 8 out of the top 10 worst storms in company history have occurred in the past seven years • Pension and Retirement costs have increased CUSTOMER IMPACT • Impact on average (1300 kWh) residential customer = $5.09/month. • Total residential monthly bill @ 1300 kWh = $193.46 (Total bill includes energy charges purchased through a Retail Electric Provider (REP). The total bill reflected here is based on the average REP rates developed by the PUC for April 2008.) • Oncor's current T&D rates for a residential customer using 1300 kWh equal $34.71. (Current rates are 17.9% of the total bill paid by the customer.) 2 • Oncor's proposed T&D rates for a residential customer using 1300 kWh equal $39.80. (Proposed rates are 20.6% of the total bill paid by the customer.) • Customer impact does not include Advanced Metering Deployment surcharge of$2.21/month (to be charged beginning January 1, 2009). • Customer impact does not include Energy Efficiency Cost Riders. • Customer impact does not include projected $6 - $9 monthly increase to T&D rates for transmission build-out in the ERCOT West Zone approved by the PUC (expected to begin as early as 2010.) PROPOSED CHANGES SPECIFICALLY AFFECTING CITIES Cities Settlement Agreement Commitments • Street Light Tariff rates lower than they otherwise would have been — increase capped at no more than 10% for any city. • Municipal Rates — proposed waiver of demand ratchet on all municipal owned accounts. • Underground Facilities Cost Recovery Factor - Provides ability for Non-OJ City to use this provision. Other Proposed Additions/Changes Affecting Cities • Franchise Fee Cost Recovery Factor — allows cities to increase franchise fee payments • Street Light Maintenance Cost Recovery Factor (Non-standard) • Allows City to Request Pole Painting, Straightening, Pole Numbering, Patrolling, and Circuit Bulb and Photocell Replacement and have residents of requesting City pay • New Discretionary Service Charges for Non-Standard Street Light maintenance 3 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: 4 Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: September 23, 2008 Budgeted Amount: $ 75,000 Exhibits: Interlocal Agreement Subject Consider, and act upon, Resolution No. 2008-48(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement with the Wylie Independent School District for the Shared Use and Maintenance of the WISD Fiber Optic Network. Recommendation Motion to approve Resolution No. 2008-48(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement with the Wylie Independent School District for the Shared Use and Maintenance of the WISD Fiber Optic Network. Discussion During the 2008-2009 budget process Council approved $75,000 to assist WISD in constructing the remaining portion of their fiber optic network ring. In exchange WISD agreed to grant the City of Wylie access to connect to and utilize their fiber optic network. The City and WISD also agree to share the maintenance cost of the fiber as long as the agreement is in place. Current maintenance cost to the City would equal less than $10,000 per year. Approved By Initial Date Department Director JB 9/23/08 City Manager ') � (q uc Page 1 of 1 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is made and entered into this 20th day of October, 2008, between Wylie Independent School District, a political subdivision of the State of Texas (hereinafter"District") and the City of Wylie, a political subdivision of the State of Texas (hereinafter"City"). WHEREAS, both the District and City have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, the District has invested in the purchase, design, installation, operations and maintenance of a Fiber Optic Wide Area Network to meet its needs; and WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby the District's Fiber Optic Wide Area Network can provide high-speed communications for the City saving the Wylie City taxpayers money; and NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties hereby agree as follows: INTERLOCAL AGREEMENT—Page 1 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC Section 1. Purpose 1.1 This Agreement authorizes the City, subject to the approval set forth in Paragraph 1.3, to utilize strands of fiber on the District's Fiber Optic Wide Area Network for the purpose of providing communication services including, but not limited to: 1. Technical education and certification programs (CISCO); 2. Microsoft and other off the shelf software education; 3. Citywide communication regarding Bio-Terrorism and Homeland security; 4. Online and remote education programs; 5. Seminar and"lunch and learn"programs; 6. Bilingual and other business education; and 7. Continuing Education. 1.2 The District grants the City the use of four (3) pair(six (6) strands) of fiber for the Cities communications. 1.3 The City's authority to utilize strands of fiber on the District's Fiber Optic Wide Area Network is subject to the City,through the assistance of the District, to amend the following pole license agreements to allow the City's access to the service provider's electricity: (a) Distribution Pole License Agreement by and between Wylie Independent School District and TXU/Oncor Electric Company dated June 29, 2007; (b) Joint Pole Use Agreement by and between Farmers Electric Cooperative and the Wylie Independent School District dated March 14, 2002 Section 2. Representative/Monitoring Position The District's representative/contract monitor during the term of this Agreement shall be David Spann, Director of Technology, whose telephone number is 972/429-3010. INTERLOCAL AGREEMENT—Page 2 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC The City's representative/contract monitor during the term of this Agreement shall be Shone Doville, Information Technology Supervisor, whose telephone number is 972/977-5740. Section 3. Effective Date/Term This Agreement shall take effect upon execution and shall remain in effect for a period of ten (10) years and automatically renewed in five (5) year increments until either the City or the District terminates the agreement in writing. Section 4. Services Rendered 4.1 The District agrees to allow the City to connect the following City facilities to the District's Fiber Optic Wide Area Network through a Point of Presence; provided, however, the City is responsible for all costs related to such connection and all vendors or persons hired by the City to provide such connection shall be approved by the District. • City of Wylie 2000 HWY 78 North Wylie, Tx 75098 972-442-8100 • Rita and Truett Smith Public Library 800 Thomas Street Wylie,TX 75098 972-442-7566 • Public Services, Public Works and Parks Administration Wylie Service Center 949 Hensley Lane Wylie, TX 75098 972-442-7588 • Bart Peddicord Community Center 100 W. Oak Street Wylie, TX 75098 972-442-8119 INTERLOCAL AGREEMENT—Page 3 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC • Fire Administration 801-A Hwy 78 N Wylie, TX 75098 972-442-8110 • Fire Station 1 1400 S. Ballard Wylie,TX 75098 • Fire Station 2 555 Country Club Dr. Wylie,TX 75098 • Fire Station 3 Brown Street Not completed • Future Municipal Buildings generally located on the"Wells"property at FM 1378 and FM 544. 4.2 The District agrees to provide connectivity to future City facilities if mutually agreeable to both parties. 4.3 The Points of Presence will deliver bandwidth between facilities at a level agreed upon by the parties. The bandwidth may be provided for the City in separate virtual private networks (VPN), implemented specifically for and by the City ensuring privacy and security. Section 5. Responsibilities and Duties 5.1 District Responsibilities: The District, at its own expense, will provide equipment and facilities as defined below: (a) The fiber and equipment at the District's facilities. (b) If possible, District will notify City at least two (2)weeks before any scheduled maintenance on the Fiber Optic Wide Area Network INTERLOCAL AGREEMENT—Page 4 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC and/or communications equipment that will render any part of the Fiber Optic Wide Area Network out of service. (c) District will notify City as soon as practicable for any unscheduled downtime that will render any part of the fiber out of service. 5.2 City Responsibilities: The City, at its own expense, will provide equipment and facilities as defined below: (a) City will provide and maintain equipment at City facilities. (b) City will contract directly with District's contracted vendor for the installation of fiber to connect existing City buildings and any additional fiber needed to connect City facilities to the Fiber Optic Wide Area Network. (c) City will notify District immediately if any part of the City's Fiber Optic Wide Area Network is disrupted for any reason. (d) The City shall not use the equipment and facilities for 911 calls. 5.3 The City shall have no requirement to install, operate, or maintain any equipment on the premises of the District. 5.4 The District only will connect, expand or otherwise modify the Fiber Optic Wide Area Network components which are owned by the District. The City only will connect, expand or otherwise modify the Fiber Optic Wide Area Network components which are owned by the City. 5.5 The District will provide the City with access to the District's Fiber Optic Wide Area Network on a good faith effort basis. The District's goal will be to provide INTERLOCAL AGREEMENT—Page 5 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC one hundred percent (100%) availability; provided, however, it is not a breach of this Agreement and damages are not available to the City from the District if less than one hundred percent(100%) access is provided. 5.6 District makes no warranties, express or implied, (including any regarding merchantability or fitness for a particular purpose), respecting any duties or obligations of the District under this Agreement and the City waives any warranty, express or implied. 5.7 The District is not obligated to install, operate or maintain any equipment on the premises of the City. Section 6. Consideration 6.1 The City agrees to make a onetime payment of$75,000 to use existing fiber owned by the District. 6.2 The City and District will split the cost of annual maintenance fees for the portion of fiber or fiber ring shared by both entities. The City will be responsible for the maintenance cost for any fiber specific for City use such as the fiber from the WAN to the City building. The district will be responsible for the maintenance cost for any fiber specific for District use. This includes any instances in which the fiber is relocated, repairs due to natural disasters, or repairs due to accidents in which fees are not recoverable (example: If the fiber is relocated, broken due to natural disasters or accidents from a city building to the shared fiber connection, the city would be responsible; if the fiber is relocated, broken due to natural disasters or accidents from a district building to the shared fiber connection,the district would be responsible; if the fiber is relocated, broken due to natural disasters or accidents from any areas in which the fiber is shared between the city and the district, both will be responsible). INTERLOCAL AGREEMENT—Page 6 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC 6.3 The City and District will split the cost of"DIG TESS" (Texas Excavation Safety system) fees and pole attachment fees for the portion of fiber shared by both entities. 6.4 The City agrees to pay the City portion of fees within thirty (30) days after submission of an invoice from the District. Section 7. Breach/Opportunity to Cure The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein,the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Section 8. Termination This Agreement may be terminated by either party to this Agreement upon six (6) months written notice to the other party. Section 9. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: District Wylie Independent School District Technology Director 951 S. Ballard Ave. Wylie, Texas 75098 City City of Wylie Purchasing Agent 2000 Hwy 78 N INTERLOCAL AGREEMENT—Page 7 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC Wylie, TX 75098 Section 10. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Section 11. Amendments This Agreement may be amended from time to time by written amendment by both parties. Section 12. Remedies This Agreement shall be construed by and governed by the laws of the State of Texas. Any and all legal action necessary to enforce the Agreement will be held in Collin City. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. Section 13. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 14. Severability INTERLOCAL AGREEMENT—Page 8 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 15. Entirety of Agreement This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreement, either written or oral, relating to this Agreement. Wylie Independent School District By: City of Wylie Mayor Eric Hogue By: INTERLOCAL AGREEMENT—Page 9 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC ACKNOWLEDGEMENT STATE OF TEXAS § CITY OF COLLIN § This instrument was acknowledged before me on the day of , 2008 Notary Public in and for the State of Texas INTERLOCAL AGREEMENT—Page 10 MBOXSCHOOLMATTERS/CCCCD/AGREEMENTS/INTERLOCAL AGREEMENT 091703.DOC Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 28, 2008 Item Number: Work Session (City Secretary's Use Only) Department: Prepared By: Mike Sferra Account Code: Date Prepared: October 7, 2008 Budgeted Amount: Exhibits: One Subject Hold a Joint City Council and Park Board Work Session to conduct a charrette concerning development of a Master Plan for the Wells Property. The project consultant will facilitate the meeting and solicit input from the group. Recommendation Discussion On August 12, 2008, the City Council authorized the City Manager to enter into a contract with Halff Associates, Inc. in the amount of $76,500 for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. At an earlier April 8, 2008 Council meeting, the City Council voiced the importance of developing a master plan concept related to the Wells Property that would facilitate its future development. To accomplish this objective, a joint work session with the City Council and Park Board has been scheduled and will focus on accepting the input of the members from each body to assist in the development of the Master Plan. Approved By Initial Date Department Director MS n 10/07/08 City Manager d'd `1r' \ 10 13,3 1) Page 1 of 1 Parks and Recreation Board Comments Wells Property Priorities Brandi Lafleur's List 1. Create a nature preserve/learning center similar to Heard, does not necessarily have to be a building but some type of natural shade structure with information regarding the land and the wildlife 2. Unpaved trails to keep more natural look 3. Pond to attract local wildlife 4. Somehow manage to keep minimal construction as we have plenty with the new buildings 5. Possibly an amphitheater 6. Is there something that we can gather from Connemera Conservancy to keep this land in a more natural state but still have some of what we want? I know it's a lot to ask but it is such a beautiful piece of land and I would like it to remain that way as much as possible. Donna Larson's List 1. Nature Preserve Area / Outdoor Learning Centers 2. Large Pond with Fountains and Fish and Ducks 3. Amphitheater 4. Non-Traditional Play Structures 5. Trails and Paths Around Pond Anne Hiney's List 1. Nature Preserve 2. Outdoor Learning Center coordinated with WISD 3. Large Pond stocked for catch & release fishing 4. Trails 5. Amphitheater 6. Non-traditional play structures David Willey's and Dan Chesnut's List 1. Installation of a "Y" trail system with one branch heading northwest, one linking Joel Scott (along the electrical right-of-way and creek path)to the Northeast, and one linking Founders to the south. 2. Installation of a bike path (by the bridge?) under FM544 to the High School 3. Another Veteran's Memorial centrally located at the new City Hall designed and landscaped appropriately for large gatherings and celebrations (amphitheatre?) 4. A large regional playground located near the trailhead 5. Minimal construction on the Wells property No lists were submitted by Bennie Jones or Joy Cortinas as of 10-7-08.