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08-10-2021 (City Council) Agenda Packet Wylie City Council Regular Meeting August 10, 2021 —6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PR1. Recognition of employees celebrating milestone years of service to the City of Wylie. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of July 27,2021 Regular City Council Meeting minutes. B. Consider, and act upon, Resolution No. 2021-20(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties, Texas, ordering a Bond Election to be held on November 2, 2021, in the city of Wylie, Texas, making provisions for the conduct of the election and resolving other matters incident and related to such election. C. Consider, and act upon, Resolution No. 2021-21(R), of the City Council of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2021 Rate Review Mechanism filing; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability;requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in. accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this Resolution to the Company and the ACSC's legal counsel. D. Consider, and act upon,the acceptance of the resignation of the Historic Review Commission member Jesse Hale and appointment of Allison Stowe to fill the unexpired term of August 2021 to June 2022. E. Consider, and act upon, Ordinance No. 2021-37 for a change of zoning from Commercial Corridor District (CC)to Commercial Corridor Special Use Permit(CC-SUP),to allow for a restaurant with drive-through on 1.022 acres,property located at 2817 FM 544. (ZC2021-18) Page 11 1 F. Consider, and act upon, Ordinance No. 2021-38 for a change of zoning from Commercial Corridor District (CC)to Commercial Corridor Special Use Permit(CC-SUP),to allow for a restaurant with drive-through on 1.37 acres,property located at 499 S State Highway 78. (ZC2021-16). G. Consider, and act upon, Ordinance No. 2021-39 for a change of zoning from Agricultural District(AG/30) to Planned Development - Single Family (PD-SF), to allow for a single family development on 4.6 acres, located at 601 &595 Parker Road. (ZC2021-14). H. Consider, and act upon, the award of a professional services project order (PSPO) #W2021-59-E for the Wylie Downtown Traffic Impact Analysis(TIA)to Lee Engineering,LLC in the amount of$149,100.00 and authorizing the City Manager to execute any necessary documents. I. Consider,and act upon,the approval of the purchase of a Closed-Circuit Television(CCTV)security system from Schneider Electric Buildings Americas, Inc. in the amount of $57,473.00 through a cooperative purchasing contract with Omnia Partners, and authorizing the City Manager to execute any necessary documents. J. Consider,and act upon,the award of Bid#W2021-61-B for the Sale of Real Property located at 802 W.Kirby Street,Wylie, Texas in the amount of$3,000,000.00 to the Wylie Economic Development Corporation, and authorizing the City Manager to execute any necessary documents. K. Consider,and act upon,the approval of the renewal of an interlocal agreement for Jail Services for Class"C" Misdemeanors with Collin County Detention Facility,Collin County,Texas,in the estimated annual amount of$1,000.00 through an interlocal agreement, and authorizing the City Manager to execute any necessary documents. L. Consider, and act upon, Ordinance No. 2021-40 amending Ordinance No. 2020-44, which established the budget for fiscal year 2020-2021;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. REGULAR AGENDA 1. Hold a Public Hearing, consider,and act upon,a request for a change of zoning from Neighborhood Services (NS) to Planned Development(PD), amending PD 2015-17, to allow for commercial development on 2.00 acres,located east of and adjacent to 650 Country Club Road. (ZC2021-17) 2. Hold a Public Hearing, consider, and act upon, a request for a change of zoning from Agricultural District (AG/30)to Planned Development- Single Family(PD-SF),to allow for single family development on 1.83 acres generally located at the southwest corner of Brown Street and WA Allen Boulevard. (ZC2021-19) 3. Hold a public hearing,consider,and act upon,a request for a variance to the distance requirement for alcohol establishments from a church or house of worship to allow for a distillery, property located at 702 N SH 78 (VC2021-01). 4. Consider,and act upon,Resolution No.2021-22(R)of the City Council of the City of Wylie,Texas,accepting the proposed property tax rate for fiscal year 2021-2022, accepting the calculation of the no new revenue tax rate and the voter approval tax rate, establishing the date for a public hearing and vote on the proposed property tax rate, and providing for the publication as provided by the Texas Property Tax Code Sec. 26.06 5. Establish a date, time, and place to hold a Public Hearing on the fiscal year 2021-2022 Proposed Budget so that all interested persons may be heard, either for or against any item in the proposed budget before final approval. The date, time and place for the hearing and the final vote will be published in the City's official newspaper, as provided by the Texas Local Government Code, Section 102.006. Page 12 2 WORK SESSION WS1. Discuss potential partnership with DFW YMCA. WS2e Overview of General Purchasing Methods Utilized by the City of Wylie. WS3. Discuss the Police Department recruiting,hiring,retention, and attrition. WS4. Discuss Wylie Emergency Medical Services. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES 1. Consider the sale or acquisition of properties located at FM 544/Cooper,Jackson/Oak, Regency/Steel, and State Hwy 78/Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2017-10a,2020-1 lb,2021-4a,2021-4b,2021-6a, and 2021-8a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on August 6, 2021 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road,Building 100,Wylie,Texas,a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed Page 13 3 The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code § 551.001 et. seq.,will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071—Private consultation with an attorney for the City. § 551.072—Discussing purchase, exchange,lease or value of real property. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.087—Discussing certain economic development matters. § 551.073—Discussing prospective gift or donation to the City. § 551.076—Discussing deployment of security personnel or devices or security audit. Page 14 4 08/10/2021 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of July 27, 2021 Regular City Council Meeting minutes. Recommendation Motion to approve Item as presented. Discussion The minutes are attached for your consideration. Financial Summary/Strategic Goals Community Focused Government 5 08/10/2021 Item A. Wylie City Council Minutes July 27, 2021 —6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tern Jeff Forrester, Councilman Scott Williams, Councilman Timothy T. Wallis, and Councilman Garrett Mize. Staff present included: City Manager Chris Hoisted;Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie;Assistant Police Chief Tommy Walters;Police Chief Anthony Henderson;Fire Chief Brandon Blythe; Finance Director Melissa Beard; Human Resources Director Lety Yanez;Parks and Recreation Director Rob Diaz; Building Official Bret McCullough; Public Works Director Tim Porter; Library Director Ofilia Barrera; Building Official Bret McCullough; Project Engineer Jenneen Elkhalid; Public Information Officer Craig Kelly; Economic Development Executive Director Jason Greiner; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Pastor Kurt Ulmer,representing Faith Lutheran Wylie,led the invocation and Councilman Williams led the Pledge of Allegiance. PRESENTATIONS &RECOGNITIONS PRl.Wylie Way Students. Mayor Porter and Councilman Wallis, presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the"Wylie Way Student." PR2.Presentation for the Battle of the Badges Blood Drive Winner. Jonathan Buck, representing the East Fork Masonic Lodge, and Vicky Long, representing Carter Blood Care, addressed Council stating that during Bluegrass on Ballard, the fifth annual "Battle of the Badges"was conducted. This year 85 units were collected,which will help save about 255 lives. Buck announced the winner of the contest was the Wylie Fire Department. Representatives of Wylie Fire Rescue and Wylie Police Department were present for the award. PR3.Presentation for Bluegrass on Ballard Recap. Public Information Officer Kelly addressed Council giving a brief recap presentation on Bluegrass on Ballard. The presentation included: sponsors that were involved, statistics, metrics for the number of estimated customers and visits, and mobile data analysis for home locations and customer journeys. Bobby Heath Jr., representing the Downtown Merchants, addressed Council thanking and recognizing many people and organizations involved in making Bluegrass on Ballard successful. CITIZEN COMMENTS ON NON-AGENDA ITEMS Meg Elmore addressed Council regarding concerns with the development near Rush Creek, and the proposed Fuel City on Highway 78. July 27,2021 Wylie City Council Minutes Page I 1 6 08/10/2021 Item A. 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 July 13,2021 Regular City Council Meeting minutes. B. Consider,and act upon,the approval of a vendor application for the"Back to the Future"back to school event at Olde City Park on September 25, 2021. C. Consider,and act upon,the approval of the purchase of Turf Chemicals and Micronutrients from various vendors in the estimated annual amount of$60,000.00 through a cooperative purchasing contract with BuyBoard Cooperative, and authorizing the City Manager to execute any necessary documents. D. Consider, and place on file,the City of Wylie Monthly Investment Report for June 30,2021. E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2021. F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of June 30,2021. G. Consider, and act upon, the award of bid #W2021-88-A for Parks and Recreation Outdoor Litter & Restroom Service to PureService Corporation in the estimated annual amount of $76,030.00, and authorizing the City Manager to execute any necessary documents. H. Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie, 2819 West FM544 Ventures, LLC, and MMGC DBR DFW, LLC regarding the use of building materials for a commercial development on 1.022 acres,property located at 2817 FM 544. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to approve Consent Agenda Items as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA 1. Tabled from 06-08-2021 Remove from table and consider Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke,to remove Item 1 from the table and consider. A vote was taken and the motion passed 7-0. Hold a Public Hearing, consider, and act upon, a request for a change of zoning from Agricultural (AG/30) to Planned Development - Single Family (PD-SF), to allow for a single-family development on 4.6 acres,located at 601 & 595 Parker Road. (ZC 2021-14). Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone 4.6 acres generally located 100 feet west from the intersection of Parker Road and Valley Mills Drive. The property is currently zoned Agricultural (AG/30). The purpose for the requested rezoning to a Planned Development(PD) is to allow for the construction of 20 single family lots and two open space lots. Council tabled this item at the June 8 City Council meeting in order to address concerns such as fencing,drainage,traffic,tree preservation,and general PD innovation. July 27,2021 Wylie City Council Minutes Page 12 7 08/10/2021 Item A. To address the concerns,the applicant has proposed revisions to the PD Conditions including: reduce the maximum lot coverage from 75% to 50%, save a minimum of 27 of the 32 Live Oak trees along the eastern boundary and several large trees on the front of the existing property,provide an easement for a deceleration lane,increase garage sizes from 400 sq. ft. to the minimum required by the Zoning Ordinance of 500 sq. ft., and require an eight foot fence along the eastern boundary and for the property owner to work with existing homeowners to avoid `double fencing.' Public Hearing Mayor Porter opened the public hearing on Item 1 at 6:35 p.m. asking anyone present wishing to address Council to come forward. Doug Hunt addressed Council thanking them for taking the previous voiced concerns into consideration. Gloria Suarez addressed Council thanking them for taking the concerns into consideration and reiterated concerns with drainage and fencing. Mayor Porter closed the public hearing at 6:39 p.m. Council Comments Mayor Porter asked how the fencing issue would be addressed. Haskins replied,paraphrasing the language in the PD,it states an eight-foot fence will be required on the east property line and to the extent possible,the builder shall coordinate with each property owner to try to avoid double fencing. Councilman Williams asked based on the previous drainage concerns, was anything changed. Haskins replied that nothing was changed as after the Engineering review, the proposed drainage plans should dramatically improve the current drainage issue. Mayor pro tern Forrester asked about potential pooling or puddling of water behind the homes on the eastern side. Haskins replied, at this time they believe the proposed drainage plans should prevent that but if it becomes a problem, staff will work with the Developer. Council Action A motion was made by Councilman Strang, seconded by Councilman Williams,to approve Item I as presented. A vote was taken and the motion passed 6-1 with Councilman Duke voting against. 2. Tabled from 07-1.3-2021 Remove from table and consider Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to remove Item 2 from the table and consider. A vote was taken and the motion passed 7-0. Hold a Public Hearing, consider, and act upon, a request for a change of zoning from Commercial Corridor (CC) to Commercial Corridor Special Use Permit (CC-SUP), to allow for a restaurant with drive-through on 1.022 acres,property located at 2817 FM 544. (ZC 2021-18) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting a Special Use Permit (SUP) on 1.022 acres generally located on the northeast corner of Springwell Parkway and FM 544 to allow for a restaurant with drive-through service. The proposed use is for a Dutch Bros Coffee restaurant. Council tabled this item at the July 13 City Council meeting in order to address concerns such as the continuation of the proposed use should the specific use cease and the general aesthetic of the main structure. To address those concerns, the applicant has: amended the SUP to include only the Dutch Bros Coffee shop under this SUP,amended the SUP to stipulate Dutch Bros has one year to complete development,or forfeit the SUP,and amended the SUP and zoning exhibit elevations, and proposed a building materials Development Agreement,which was on the Consent Agenda,to address aesthetic July 27,2021 Wylie City Council Minutes Page 13 8 08/10/2021 Item A. concerns. The structure is proposed to have an exterior that consists of stucco, split face CMU, Nichihacement board, and metal awnings. Council Comments Mayor pro tern Forrester commended the applicant for taking the concerns from Council into consideration. Public Hearing Mayor Porter opened the public hearing on Item 2 at 6:48 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Porter closed the public hearing at 6:48 p.m. Council Action A motion was made by Councilman Williams,seconded by Mayorpro tern Forrester,to approve Item 2 as presented. A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing, consider, and act upon, a request for a change of zoning from Commercial Corridor (CC) to Commercial Corridor Special Use Permit (CC-SUP), to allow for a restaurant with drive-thru on 1.37 acres,property located at 499 S State Highway 78. (ZC2021-16) Mayor Porter announced he completed a conflict of interest questionnaire and left his seat at the dias at 6:49 p.m. Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting a Special Use Permit (SUP) on 1.37 acres generally located at the northeast intersection of State Highway 78 and Kirby Street to allow for a restaurant with drive-through service. The proposed development is a remodel of an existing structure with modifications that add a drive-through window. The original site was developed as a bank and was later converted to a nail salon for personal service use. The remodeled structure is planned to contain two tenants, one being a Chipotle restaurant and the other being a Texas Health Urgent Care medical office. The applicant is adding eight parking spaces for a total of 45 parking spaces, exceeding the minimum required 32. The applicant is requesting eight of the parking spaces to be 9 feet by 18 feet, which will preserve more of the landscape buffer along Kirby Street. The structure is proposed to have an exterior that consists of existing materials of stone, stone banding, and EIFS. Canopies are also provided at the drive-through window and at the main entrances. Haskins reported 16 notifications were mailed with no responses received in opposition or in favor of the request, and the Planning and Zoning Commission voted 7-0 to recommend approval. Public Hearing Mayorpro tern Forrester opened the public hearing on Item 3 at 6:52 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor pro tern Forrester closed the public hearing at 6:52 p.m. Council Action A motion was made by Councilman Williams, seconded by Councilman Wallis,to approve Item 3 as presented. A vote was taken and the motion passed 6-0 with Mayor Porter abstaining (conflict of interest on file with City Secretary). Mayor Porter returned to his seat at the dais at 6:54 p.m. July 27,2021 Wylie City Council Minutes Page 14 9 08/10/2021 Item A. 4. Hold a Public Hearing, consider, and act upon, a request for a change of zoning from Agricultural (AG/30) to Planned Development (PD), to allow for a mixed-use community on 47.29 acres generally located at 2301 FM 1378. (ZC2021-15) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone 47.29 acres located at 2301 FM 1378. The requested rezoning to a Planned Development (PD) is to allow for a mixed-use community, consisting of three subdistricts containing a mix of commercial,residential, and open space uses. The commercial subdistrict measures 4.2 acres with frontage along Country Club Road. This district is planned for commercial structures with permitted uses to generally comply with the Community Retail (CR) with the addition of the following uses allowed by-right: financial institution with drive-thru, restaurant with drive-thru, and dry cleaners. Haskins stated the multifamily subdistrict contains about 187 townhome units and 61 single family rental units on 25.2 acres with a density of 11 dwelling units per gross acre. The open space subdistrict includes an open space dedication to the City of 17.8 acres for a City park. This area includes a four-acre pond that will be dedicated to the City after water impoundment concerns are resolved. The developer has proposed splitting the legal costs of resolving impoundment with the City, estimating the City's costs to be capped at approximately$120,000. Should zoning be approved, a separate agreement regarding these legal costs will be presented to City Council for consideration prior to preliminary plat approval. Haskins reported the conclusion of the Traffic Impact Analysis (TIA) found that the proposed development does not have a disproportionate effect on the existing vehicle traffic operations.While the TIA did not find a southbound deceleration lane necessary,a City Engineering review believes that the inclusion of the deceleration lane is in the interest of the City. The student impact analysis conducted by the applicant concluded that approximately 55 students would be added to the school district upon completion of the project. The ISD has not provided input on the effect of this increase. Haskins reported sixteen notifications were mailed to property owners with no responses received for or against from within City limits; however, three responses were received from the ETJ, two responses were received from outside of the ETJ, and three responses were received without a given address. After some discussion, including comments from citizens and neighboring property owners regarding traffic, drainage, density, screening, and the effect on the school district, the Commissioners voted 5-2 to recommend approval with the conditions that a fence be built along the north side of the park, a maximum of 33 percent of the townhomes allowed to be three story, and the car wash and financial institution, alternative be removed as by-right uses. Haskins stated those changes have been made by the applicant in the presented PD. Applicant Comments John Allums,representing Capstar;Mike Arbour,representing JHP Architecture; Sarah Scott,representing Kimley- Horn and Associates; and Terry Haines, representing The Haines Company, addressed Council giving a brief presentation on Monroe Lake including: a location map, a zoning map, future land use plan, conceptual site plan, concept elevation,public trail exhibit, and addressed comments and questions received from Planning and Zoning Commission meeting which included sanitary capacity, drainage,traffic, and school impact. Public Hearing Mayor Porter opened the public hearing on Item 4 at 7:15 p.m. asking anyone present wishing to address Council to come forward. Todd Pickens, Sam Struthers, Aleksandra Rolfson, Emily Smith, Becca Pickens, Christine Monroe, Michael Kavanaugh,Melisa Turner,and Dorothy Parkos addressed Council in opposition of the proposed development with concerns including: traffic, drainage, and utility overload, impact on the schools, flooding, high density rental properties,privacy concerns with location of proposed walking trail, and not in the best interest of Wylie. Pickens proposed utilizing the property as a City park. Mayor Porter closed the public hearing at 7:38 p.m. Council Comments Councilman Williams asked if the park acreage is factored in in the 11 dwelling units per gross acre.Haskins replied the acreage given to the City for the park is not factored in. Councilman Strang stated he believes there are better July 27,2021 Wylie City Council Minutes Page 15 10 08/10/2021 Item A. options for the use of this land and asked what the water impoundment process would look like. Hoisted replied the City would have to work with the City of Dallas on that process. Strang expressed traffic concerns. Councilman Wallis stated he had concerns with drainage and flooding, impact on the schools, and other additional concerns. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester, to deny Item 4 with prejudice. A vote was taken and the motion passed 6-1 with Councilman Mize voting against. Mayor Porter convened the Council into a break at 7:46 p.m. Mayor Porter reconvened the Council at 7:57 p.m. 5. Consider,and act upon,Ordinance No.2021-35 establishing a Comprehensive Plan Advisory Committee (CPAC), providing for the scope and authority of the Committee, time of service, and appointing Committee members. Staff Comments Planning Manager Haskins addressed Council stating at the direction of the City council,staff drafted an Ordinance for the creation of the Comprehensive Plan Advisory Committee(CPAC)for an update to the 2012 Comprehensive Master Plan for the City of Wylie. At the direction of Council, CPAC will consist of 14 members appointed as per the Ordinance. Once created, the CPAC will work directly with staff and the consultant team to develop a draft plan. To accomplish this CPAC members are charged to: work with staff and the consultant at designated meetings to discuss and consider the update to the Comprehensive Plan, attend the public work sessions, open houses, and other events as advocates of the plan process and the plan itself, and ensure that the plan reflects the desire and vision of all the citizens of Wylie. Haskins stated Council does need to appoint a member from the ETJ. Council Comments Mayor Porter nominated Jared Larew as the ETJ resident. Councilman Mize asked if the appointment of an ETJ resident could be set aside until the next meeting to allow Council members additional time to consider members for this appointment. Porter stated he would like to get this project moving as there is a timeline and consultant in place, but was open to Council feedback. The consensus of Council was to move forward with appointing an ETJ resident. Mr. Larew came forward for questions from the Council. Councilman Williams asked Mr. Larew why he would like to serve and what he is able to contribute. Larew responded he has been a Wylie resident for 15 years and moved to the ETJ two years ago.Larew stated he loves and cares for Wylie and would love to play a part in making sure the land left is being utilized for the best possible use, and stated he has experience with planning and land development. Separately, Councilman Wallis stated he put forth Mr. Eugene Hauptmann as his appointed Committee member as it was not included in the packet. Council Action A motion was made by Councilman Williams, seconded by Mayor pro tern Forrester, to approve Ordinance No. 2021-35 establishing a Comprehensive Plan Advisory Committee (CPAC),providing for the scope and authority of the Committee, time of service, and appointing Eugene Hauptmann and Jared Larew in addition to the list included in the agenda packet to the committee.A vote was taken and the motion passed 6-1 with Councilman Mize voting against. 6. Consider, and act upon, Ordinance No. 2021-36 amending Wylie's Code of Ordinances, Ordinance No. 2021-17 as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates),and Subsection C (Sewage Collection and Treatment Rates). July 27,2021 Wylie City Council Minutes Page 16 11 08/10/2021 Item A. Staff Comments Finance Director Beard addressed Council stating on.July 28,2020,Council approved the final version of the Water and Sewer Rate Study that was prepared by NewGen Strategies& Solutions. The Study incorporated the Water and Sewer Capital Improvements Plan (CIP) for five years, and established the rates that would be required to raise revenue to support that study. The FY 2022 proposed budget includes a water rate increase of 7.25 percent and a wastewater rate increase of 2.75 percent. Council Comments Mayor Porter added this increase is related to multiple variables including capital projects,the increased water rate the City is receiving from North Texas Municipal Water District, and a new agreement that changed pricing on water.Councilman Williams asked if this cost includes the cost for the new elevated storage tank on Ballard.Holsted replied it is included. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Item 6 as presented. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, the acceptance of the resignation of the Zoning Board of Adjustment board member Robert Blair, appointment of alternate Zewge Kagnew to fill the unexpired term of July 2021 to June 2022,and the appointment of a new alternate to fill the unexpired term of July 2021 to June 2023. Council Comments Mayor Porter requested a recommendation for the Alternate position from Board and Commission Interview Panel Chair Forrester. Mayor pro tern Forrester recommended John Perdomo. Councilman Mize stated he recommended Aaron Jameson. Council Action A motion was made by Councilman Strang, seconded by Councilman Williams, to approve the acceptance of the resignation of the Zoning Board of Adjustment board member Robert Blair, appointment of alternate Zewge Kagnew to fill the unexpired term of July 2021 to June 2022, and the appointment of John Perdomo to fill the unexpired term of July 2021 to June 2023. A vote was taken and the motion passed 6-1 with Councilman Mize voting against. 8. Consider, and act upon, the acceptance of the resignation of the Zoning Board of Adjustment alternate board member Lance Kiser, and the appointment of a new alternate to fill the unexpired term of July 2021 to June 2022. Council Comments Mayor Porter requested a recommendation for the Alternate position from Board and Commission Interview Panel Chair Forrester. Mayor pro tern Forrester recommended and made a motion to appoint Richard Miller. Councilman Strang seconded the motion. Councilman Mize stated he would like to make a recommendation. Porter asked for parliamentary procedure assistance. Holsted replied a motion and second has been received;therefore, Council can take action, or the motion and second could be withdrawn. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to appoint Richard Miller as the new alternate. A vote was taken and the motion passed 6-1 with Councilman Mize voting against. Mayor Porter convened the Council into Work Session at 8:16 p.m. and stated Council was going to conduct Work Session 3 first. July 27,2021 Wylie City Council Minutes Page 17 12 08/10/2021 Item A. WORK SESSIONS WS3.Discuss FY 2022 Budget. City Manager Hoisted addressed Council giving a brief FY 2021-2022 Budget Work Session presentation including: the General Fund summary,healthcare and market adjustments,General Fund estimated fund balance,Utility Fund summary,4B Sales Tax Fund summary,WEDC Fund summary, and carry forward items from FY 2020-2021. Mayor Porter announced he completed a conflict of interest questionnaire for the discussion about healthcare and left his seat at the dais at 8:18 p.m. Hoisted stated the City has received information from a new health provider that would have a 0%increase to the City, and would essentially have the same deductibles and plan that we have with our current provider. Hoisted stated staff also surveyed peer cities regarding health insurance. Hoisted answered questions from the Council. The consensus of Council was for staff to explore and bring back information on adding a spousal surcharge if the employee's spouse is offered insurance at their employer but chooses to be on the City's insurance. Mayor Porter returned to his seat at the dais at 8:28 p.m. Russell Campbell, representing Management Advisory Group, Inc. (MAG), addressed Council giving the Classification Compensation Study presentation which included: MAG company background, purpose of compensation, study goals and objectives, methodology, job factors, designated peer cities, and market survey results. Hoisted stated the proposed budget includes a minimum five percent increase for General Government employees in the General Fund,4B Sales Tax Fund, and Utility Fund, and there are some positions out of market that will be brought to market. Hoisted stated staff is proposing to move dispatch to a step-plan instead of part of the General Government in order to be competitive with surrounding cities. Holsted stated for sworn Public Safety employees, staff is recommending bringing the positions with deficiencies to market and then implementing the proposed Public Safety step plan which is generally the same as it currently is with ten steps and 2.5 percent between each step, and added the positions of patrol officer and firefighter are over ten percent out of market. Hoisted added this would be effective January 1 for employees. Hoisted and Campbell answered questions from the Council. The consensus of Council was to move forward with the proposed recommendations as a result of the Market Study. Council commended staff for their hard work. Mayor Porter encouraged staff to make a plan to review salaries every five years, and on an as needed basis in between, as the consultant recommended. Mayor pro tern Forrester left the meeting at 9:07 p.m. Hoisted requested direction from. Council regarding the $1.5 million increase for the Ballard and Sachse Road Project. The consensus of Council was to add the $1.5 million to the Bond Proposition A. Hoisted stated the budget will be ready for the public on August 5, 2021. WS1.Discuss potential Bond Election projects and proposition verbiage. City Manager Hoisted addressed Council stating per discussion at the last Council meeting,the Bond Attorney has drafted three Bond Propositions for Council consideration. Hoisted stated staffs recommendation would be to increase Proposition A to $35,100,000 to include the increased amount projected for Ballard/Sachse Road project. July 27,2021 Wylie City Council Minutes Page 18 13 08/10/2021 Item A. Hoisted stated he confirmed with Bond Counsel that if a project stated in Proposition A goes over budget, funds from Proposition B could be utilized towards it. Hoisted stated he proposed adding the verbiage "developing, engineering, constructing, reconstructing, improving, repairing, extending, expanding and enhancing streets, thoroughfares, alleys and sidewalks, including necessary and related storm drainage facilities and improvements, utility relocations and the acquisition of any needed land and rights-of-way therefor"to Proposition C. Direction from Council was to increase Proposition A to $35,100,000, had no suggested changes to Proposition B verbiage, and agreed with adding the following language to Proposition C: "developing, engineering, constructing, reconstructing, improving, repairing, extending, expanding and enhancing streets, thoroughfares, alleys and sidewalks, including necessary and related storm drainage facilities and improvements, utility relocations and the acquisition of any needed land and rights-of-way therefor." WS2.Discuss Wylie Wastewater Treatment Plant Demolition Options. Public Works Director Tim Porter addressed Council stating he was coming before Council this evening to discuss three options for demolition of the Wylie Wastewater Treatment Plant,including costs associated with each.Public Works Director Porter stated option 1 would be the demolition of the areas that hold water only, option 2 would be demolition of all structures on the site, and option 3 would be demolition of all the structures on the site as well as replacing all of the old pipes with one single access pipe. Public Works Director Porter answered questions from Council. Direction from Council included to confirm the need for movement and placement of a new bioxide feed system with North Texas Municipal Water District, and bring back pricing information on an option 4 for removing all of the concrete from the site to allow the possibility of selling and repurposing the land. Mayor Porter convened the Council into a break at 10:02 p.m. Mayor Porter reconvened the Council at 10:09 p.m. WS4.Discuss the boundaries of the Downtown Historic District. Assistant City Manager 011ie addressed Council stating, at the request of Council, staff is proposing to expand the borders of the Downtown Historic District in two specific areas which include: the southwest corner of SH 78 and Brown Street and the northside of Brown Street along Keefer. The northside of Brown Street is currently zoned Downtown Historic District for residential only and staff is proposing to allow commercial uses in existing structures similar to other areas of the Downtown Historic District. The southwest corner of SH 78 and Brown Street is currently zoned Corridor Commercial; therefore, if the Downtown Historic District was expanded to include this area, it would require all new development in this area to conform to the Downtown Historic District development standards. 011ie stated staffs thoughts would be any future development in this area would be a Planned Development which would allow for other uses not typical to the heart of the Downtown District but does make sense for the transition development which could have a more modern look that transitions to downtown Wylie and contains walkability. WEDC Executive Director Greiner addressed Council stating his only concern would be if it was too overly restrictive. Blake Herpeche addressed Council,speaking in favor of removing the residential overlay and allowing commercial uses on the northside of Brown Street along Keefer. Direction from Council was to allow the properties north of Brown Street along Keefer to allow both residential and commercial uses,and the property at SH 78 and Brown Street integrated in the Downtown Historic District but not overly burdensome for future development. July 27,2021 Wylie City Council Minutes Page 19 14 08/10/2021 Item A. WSS. Discuss a potential change of zoning to amend Planned Development 2012-03 (PD 2012-03) to allow for Senior Affordable Housing,generally located southwest of 2300 W FM 544(Wylie Medical Plaza). Planning Manager Haskins addressed Council stating property owners and developers are seeking Council input on a potential Planned Development (PD) amendment on approximately 15.5 acres on the south side of FM 544 adjacent to the Medical Center. The current proposal includes an age restricted,income adjusted apartment facility with various amenities including a walking trail, swimming pool, and various gathering areas. Shane LaFave and Logan Schmidt,representing ROERS Companies,addressed Council giving a brief presentation on Roers Senior Housing including: Roers company history, affordable housing information, who qualifies for 60 percent area median income (AMI) units, affordable independent living benefits to Wylie, preliminary site plan, senior project examples, community amenities,proposed amenities, and unit finishes. LaFave and Schmidt answered questions from the Council. Susan Workman addressed Council asking for clarification on the units and spoke in favor of the proposed development,but did express concerns with the ages allowed at the development. The consensus of Council was in favor of the proposed project. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session and then into Executive Session at 10:58 a.m. EXECUTIVE SESSION Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ESl. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2021-4d and 2021-6a. Mayor Porter stepped out of Executive Session and completed a conflict of interest questionnaire at 11:02 p.m. Mayor Porter returned to executive session at 11:06 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 11:10 p.m. Mayor Porter announced he completed a conflict of interest questionnaire and left his seat at the dais at 11:10 p.m. July 27,2021 Wylie City Council Minutes Page 110 15 08/10/2021 Item A. Council Action A motion was made by Councilman Strang, seconded by Councilman Duke, to authorize the Wylie EDC to enter into a Performance Agreement with Project 2021-4d in an amount to not exceed$15,000. A vote was taken and the motion passed 5-0 with Mayor Porter abstaining(conflict of interest on file with City Secretary)and Mayor pro tern Forrester absent. Mayor Porter returned to his seat at the dais at 11:11 p.m. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Storm read the captions to Ordinance Nos. 2021-35 and 2021-36 into the official record. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Strang, to adjourn the meeting at 11:13 p.m. A vote was taken and motion passed 6-0 with Mayor pro tern Forrester absent. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary July 27,2021 Wylie City Council Minutes Page 111 16 08/10/2021 Item B. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2021-20(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties,Texas,ordering a Bond Election to be held on November 2,2021,in the city of Wylie,Texas,making provisions for he conduct of the election and resolving other matters incident and related to such election. Recommendation otion to approve Item as presented. Discussion The City Council of the City of Wylie, Texas, on its own motion, hereby orders a special election to be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified, on November 2,2021. A special election is hereby ordered to be held on Tuesday,November 2, 2021, for the purpose of submitting to the qualified voters of Wylie certain proposed Bond Propositions, as set forth in Section 1 of this Resolution. The proposed Bond Propositions shall be submitted to the qualified voters in the form of ballot propositions as set forth in Section 5 of this Resolution. The Election shall be administered by the Collin County, Rockwall County, and Dallas County Elections Administrators. The Collin County Elections Administrator shall administer the Election for the Collin County portion of Wylie,the Rockwall County Elections Administrator shall administer the Election for the Rockwall County portion of Wylie, and the Dallas County Elections Administrator shall administer the Election for the Dallas County portion of Wylie. Wylie voters shall vote in the county in which they are registered. Financial Summary/Strategic Goals Community Focused Government 17 08/10/2021 Item B. RESOLUTION NO. 2021-20(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE, TEXAS, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS,the City Council of the City of Wylie,Texas(the"City")hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified;now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: An election shall be held on the 21 day of November, 2021, in the City of Wylie, Texas, which date is not less than seventy-eight(78) nor more than ninety (90) days from the date of the adoption hereof and is a uniform election date pursuant to Texas Election Code, Section 41.001, for the purpose of submitting the following measures: CITY OF WYLIE, TEXAS PROPOSITION A "Shall the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$35,100,000 for permanent public improvements and public purposes, to wit: developing, engineering, constructing, reconstructing, improving, repairing, extending, expanding and enhancing McMillen Drive, Park Boulevard and Ballard/Sachse Road, including sidewalks and necessary and related storm drainage facilities and improvements, utility relocations and the acquisition of any needed land and rights-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY(40)years from their date,to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates(fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds;and to cause to be imposed,assessed and collected annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in the City sufficient to pay the principal of and interest on and to provide a sinking fund to redeem the bonds as they become due?" CITY OF WYLIE, TEXAS PROPOSITION B "Shall the City Council of the City of Wylie, Texas,be authorized to issue general obligation bonds of the City in the principal amount of$10,000,000 for permanent public improvements and public purposes, to wit: developing, engineering, constructing, reconstructing, improving, repairing, extending, expanding and enhancing streets, thoroughfares, alleys and sidewalks, including necessary and related storm drainage facilities and improvements,utility relocations and the acquisition of any needed land and rights-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and to cause to be imposed,assessed and collected annual ad valorem taxes,within the limitations prescribed by law, on all taxable property in the City Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 18 08/10/2021 Item B. sufficient to pay the principal of and interest on and to provide a sinking fund to redeem the bonds as they become due?" CITY OF WYLIE, TEXAS PROPOSITION C "Shall the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$5,000,000 for permanent public improvements and public purposes, to wit: developing, engineering, constructing, reconstructing, improving, repairing, extending, expanding and enhancing streets, thoroughfares, alleys and sidewalks in the Wylie downtown historic district, including necessary and related storm drainage facilities and improvements,utility relocations,street lighting, signage, noise abatements, traffic signalization and controls equipment and the acquisition of any needed land and rights-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40)years from their date,to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and to cause to be imposed, assessed and collected annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in the City sufficient to pay the principal of and interest on and to provide a sinking fund to redeem the bonds as they become due?" SECTION 2: In accordance with the provisions of an election services contract with the Collin County Elections Administrator(the"Collin County Contract")for that portion of the City located in Collin County,an election services contract to be entered into with the Dallas County Elections Administrator(the "Dallas County Contract") for that portion of the City located in Dallas County and an election services contract to be entered into with the Rockwall County Elections Administrator (the "Rockwall County Contract") for that portion of the City located in Rockwall County, the election shall be conducted by the Collin County Elections Administrator, the Dallas County Elections Administrator and the Rockwall County Elections Administrator,respectively, in accordance with the provisions of the respective election services contracts (collectively,the"Contracts"). SECTION 3: (a) With respect to that portion of the City located in Collin County, early voting for this election shall be conducted October 18,2021 through October 29,2021. The Collin County Elections Administration, 2010 Redbud Boulevard, Suite 102, McKinney, Texas 75069, is hereby designated the main early voting polling place, and Bruce Sherbet, Collin County Elections Administrator, is hereby appointed early voting clerk and shall appoint and designate deputy clerks for early voting in accordance with the Collin County Contract. Early voting for that portion of the City located in Collin County will also be conducted at the locations shown in Exhibit A and all other locations as designated by the Collin County Elections Administrator, in accordance with the Collin County Contract. For more information regarding the City early voting locations within Collin County, please contact the Collin County Elections Department at(800) 687-8546 or www.collincountytx.gov/elections. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the Collin County Contract. (b) With respect to that portion of the City located in Dallas County, early voting for this election shall be conducted October 18, 2021 through October 29, 2021. The Dallas County Elections Administration, George L. Allen Sr. Courts Building, Main Lobby, 600 Commerce Street, Dallas, Texas 75202, is hereby designated the main early voting polling place, and Michael Scarpello, Dallas County Elections Administrator, is hereby appointed early voting clerk and shall appoint and designate deputy Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 2 19 08/10/2021 Item B. clerks for early voting in accordance with the Dallas County Contract. Early voting for that portion of the City located in Dallas County will also be conducted at the locations shown in Exhibit A and all other locations as designated by the Dallas County Elections Administrator,in accordance with the Dallas County Contract. For more information regarding the City early voting locations within Dallas County, please contact the Dallas County Elections Department at(469) 627-8683 or www.dallascountyvotes.org. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the Dallas County Contract. (c) With respect to that portion of the City located in Rockwall County, early voting for this election shall be conducted October 18, 2021 through October 29, 2021. The Rockwall County Library, 1215 E. Yellowjacket Lane, Rockwall, Texas 75087, is hereby designated the main early voting polling place, and Christopher J. Lynch, Rockwall County Elections Administrator, is hereby appointed early voting clerk and shall appoint and designate deputy clerks for early voting in accordance with the Rockwall County Contract. Early voting for that portion of the City located in Rockwall County will also be conducted at the locations shown in Exhibit A and all other locations as designated by the Rockwall County Elections Administrator, in accordance with the Rockwall County Contract. For more information regarding the City early voting locations within Rockwall County, please contact the Rockwall County Elections Department at(972)204-6200 or www.rockwallvotes.com. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the Rockwall County Contract. SECTION 4: (a) Election day voting for that portion of the City located in Collin County will also be conducted at the locations shown in Exhibit B and all other locations as designated by the Collin County Elections Administrator,in accordance with the Collin County Contract. The election officers and maximum number of clerks for each voting place shall be determined and appointed in accordance with the Collin County Contract. (b) Election day voting for that portion of the City located in Dallas County shall be conducted at the locations and the polling places designated for each election precinct as shown in Exhibit B and all other locations as designated by the Dallas County Elections Administrator,in accordance with the Dallas County Contract. The election officers and maximum number of clerks for each polling place shall be determined and appointed in accordance with the Dallas County Contract. (c) Election day voting for that portion of the City located in Rockwall County shall be conducted at the locations and the polling places designated for each election precinct as shown in Exhibit B and all other locations as designated by the Rockwall. County Elections Administrator, in accordance with the Rockwall County Contract. The election officers and maximum number of clerks for each polling place shall be determined and appointed in accordance with the Rockwall County Contract. On election day,the polls shall be open from 7:00 a.m. to 7:00 p.m. SECTION 5: A voting system or systems meeting the standards and requirements of the Texas Election Code, as amended, is hereby adopted and approved for early voting by personal appearance and by mail and for election day voting. Ballots shall be prepared in accordance with Texas Election Code, and permit electors to vote "FOR"or"AGAINST"the aforesaid measures which shall appear on the ballot substantially as follows: Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 3 20 08/10/2021 Item B. CITY OF WYLIE, TEXAS PROPOSITION A THE ISSUANCE OF $35,100,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS TO MCMILLEN DRIVE, PARK BOULEVARD AND BALLARD/SACHSE ROAD AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS CITY OF WYLIE, TEXAS PROPOSITION B THE ISSUANCE OF $10,000,000 GENERAL OBLIGATION BONDS FOR STREET AND ALLEY IMPROVEMENTS WITHIN THE CITY AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS CITY OF WYLIE, TEXAS PROPOSITION C THE ISSUANCE OF $5,000,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS FOR THE DOWNTOWN HISTORIC DISTRICT AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS SECTION 6: With respect to voters of the City residing in Collin County, the Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Collin County Elections Administration, 2010 Redbud Boulevard, Suite 102, McKinney, Texas 75069 and the Manager, Tabulation Supervisor, Presiding Judge and Alternate Presiding Judge at such Central Counting Station shall be determined, appointed and designated in accordance with the Collin County Contract. The Manager and Presiding Judge of such Central Counting Station may appoint clerks to serve at such Central Counting Station, as provided by Texas Election Code, Section 127.006, as amended. With respect to voters of the City residing in Dallas County, the Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Dallas County Elections Administration, 1520 Round Table Drive, Dallas, Texas 75247 and the Manager, Tabulation Supervisor, Presiding Judge and Alternate Presiding Judge at such Central Counting Station shall be determined, appointed and designated in accordance with the Dallas County Contract.The Manager and Presiding Judge of such Central Counting Station may appoint clerks to serve at such Central Counting Station as provided by Texas Election.Code, Section 127.006, as amended. With respect to voters of the City residing in Rockwall County, the Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Rockwall County Elections Administration, 915 Whitmore Drive, Suite D, Rockwall, Texas 75087 and the Manager, Tabulation Supervisor, Presiding Judge and Alternate Presiding Judge at such Central Counting Station shall be determined,appointed and designated in accordance with the Rockwall County Contract.The Manager and Presiding Judge of such Central Counting Station may appoint clerks to serve at such Central Counting Station as provided by Texas Election Code, Section 127.006, as amended. SECTION 7: This election shall be held and conducted in accordance with the provisions of Texas Election Code and Texas Government Code, Chapter 1251, and to the extent required by law, all election materials and proceedings shall be printed in both English and Spanish. Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 4 21 08/10/2021 Item B. SECTION 8: Notice of election, including a Spanish translation thereof, shall be published on the same day in each of two successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than 30 days, and not less than 14 days,prior to Election Day. Moreover, a substantial copy of this Resolution and the voter information attached as Exhibit C, including a Spanish translation thereof, shall be posted (i) at City Hall not less than 21 days prior to Election Day; (ii) at three additional public places within the City not less than 21 days prior to Election Day, (iii) in a prominent location at each polling place on Election Day and during early voting, and(iv)in a prominent location on the City's internet website not less than 21 days prior to Election Day. A sample ballot shall be posted on the City's internet website not less than 21 days prior to Election Day. SECTION 9: In accordance with Texas Election Code, Section 3.009(b), as amended, the aggregate amount of outstanding principal of the City's debt obligations secured by ad valorem taxes as of the date of adoption of this Resolution, totaled$74,420,000; the aggregate amount of outstanding interest on the City's debt obligations secured by ad valorem taxes as of the date of adoption of this Resolution, totaled$16,220,048; and the ad valorem debt service tax rate for the City as of the date of the adoption of this Resolution is $0.1598 cents per $100 of taxable assessed valuation. Based on the bond market conditions at the date of adoption of this Resolution,the maximum net effective interest rate for any series of the bonds is estimated to be 4.50%. Such estimated maximum rate is provided as a matter of information and in accordance with the requirements of Texas law, but is not a limitation on the interest rate at which the bonds, or any series thereof,may be sold. SECTION 10: This Resolution hereby incorporates the provisions of the Collin County Contract, the Dallas County Contract and the Rockwall County Contract, and to the extent of any conflict between this Resolution and the Collin County Contract, the Rockwall County Contract and the Dallas County Contract, the provisions of the Collin County Contract, the Rockwall County Contract, the Dallas County Contract, as applicable, shall control. The Mayor, City Manager or City Secretary or other appropriate official, is hereby authorized to correct, modify or change the Exhibits to this Resolution based upon the final locations and times agreed upon by the Collin County Elections Administrator, the Dallas County Elections Administrator and the Rockwall County Elections Administrator, as applicable, and the City. Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 5 22 08/10/2021 Item B. DULY PASSED AND ADOPTED,by the City Council of the City of Wylie,Texas on this the 10th day of August,2021. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary (City Seal) Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 S-1 23 08/10/2021 Item B. EXHIBIT A EARLY VOTING Early voting begins Monday, October 18, 2021 and ends on Friday, October 29, 2021. For Collin County voters, applications for ballot by mail shall be requested from and mailed to Collin County Elections, Attn: Bruce Sherbet, 2010 Redbud #102, McKinney, Texas 75069 or bsherbet@collincountytx.gov. Applications for ballots by mail must be received no later than the close of business on October 22,2021. Early Voting Locations and Hours City of Wylie Collin County* Polling Place Address Collin County Election Office 2010 Redbud Boulevard, Suite 102 (Main Early Voting Location) McKinney, Texas 75069 Sunday Monday Tuesday Wednesday Thursday Friday Saturday October 18 October 19 October 20 October 21 October 22 October 23 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting 8am—5pm 8am—5pm 8am—5pm 8am-5pm 8am-5pm 7am—7pm October 24 October 25 October 26 October 27 October 28 October 29 October 30 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting --- lpm—6pm 7am—7pm 7am—7pm 7am—7pm 7am—7pm 7am—7pm Oct 31 November 1 November 2 Election Day 7am—7pm * City voters who reside in Collin County may vote at any of the additional Early Voting locations provided in the Collin County Contract or at www.collincountytx.gov/elections. The polling places, county vote centers, and the county election precincts whose qualified voters shall cast ballots at such locations in the City of Wylie for the 2021 Bond Election will be designated by the Collin.County Elections Administrator. A full list of voting locations will be provided by the Collin County Elections Administrator. Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 A-1 24 08/10/2021 Item B. EXHIBIT A(CONT.) EARLY VOTING Early voting begins Monday, October 18, 2021 and ends on Friday, October 29, 2021. For Dallas County voters, applications for ballot by mail shall be requested from and mailed to Dallas County Elections, Attn: Michael Scarpello, 1520 Round Table Drive, Dallas, Texas 75247 or evapplications@dallascounty.org. Applications for ballots by mail must be received no later than the close of business on October 22,2021. Early Voting Locations and Hours City of Wylie Dallas County* Polling Place Address Dallas County Elections Administration George L. Allen Sr. Courts Building, Main Lobby (Main Early Voting Location) 600 Commerce Street,Dallas,Texas 75202 Sunday Monday Tuesday Wednesday Thursday Friday Saturday October 18 October 19 October 20 October 21 October 22 October 23 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting 8am—5pm 8am—5pm 8am—5pm Sam-5pm 8am- 5pm 8am—5pm October 24 October 25 October 26 October 27 October 28 October 29 October 30 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting --- lpm—6pm 8am—5pm 8am—5pm 8am—5pm 7am—7pm 7am—7pm Oct 31 November 1 November 2 Election Day 7am—7pm *City voters who reside in Dallas County may vote at any of the additional Early Voting locations provided in the Dallas County Contract or at www.dallascountyvotes.org. The polling places, county vote centers, and the county election precincts whose qualified voters shall cast ballots at such locations in the City of Wylie for the 2021 Bond Election will be designated by the Dallas County Elections Administrator. A full list of voting locations will be provided by the Dallas County Elections Administrator. Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 A-2 25 08/10/2021 Item B. EXHIBIT A(CONT.) EARLY VOTING Early voting begins Monday, October 18, 2021 and ends on Friday, October 29, 2021. For Rockwall County voters,applications for ballot by mail shall be requested from and mailed to Rockwall County Elections, Attn: Christopher Lynch, 915 Whitmore Drive, Suite D, Rockwall, Texas 75087 or clynch@rockwallcountytexas.com. Applications for ballots by mail must be received no later than the close of business on October 22,2021. Early Voting Locations and Hours City of Wylie Rockwall County* Polling Place Address Rockwall County Elections Administration Rockwall County Library (Main Early Voting Location) 1215 E. Yellowjacket Lane Rockwall,Texas 75087 Sunday Monday Tuesday Wednesday Thursday Friday Saturday October 18 October 19 October 20 October 21 October 22 October 23 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting 8am—5pm 8am—5pm 8am—5pm 7am-7pm 8am-5pm l0am—3pm October 24** October 25 October 26 October 27 October 28 October 29 October 30 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting - 11am—2pm 8am—5pm 8am—5pm 8am—5pm 7am—7pm 8am—5pm Oct 31 November 1 November 2 Election Day 7am—7pm *City voters who reside in Rockwall County may vote at any of the additional Early Voting locations provided in the Rockwall County Contract or at www.rockwallvotes.com. The polling places, county vote centers, and the county election precincts whose qualified voters shall cast ballots at such locations in the City of Wylie for the 2021 Bond Election will be designated by the Rockwall County Elections Administrator. A full list of voting locations will be provided by the Rockwall County Elections Administrator. **Only at Rockwall County Library Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 A-3 26 08/10/2021 Item B. EXHIBIT B Election Day Voting Locations City of Wylie Collin County* *City voters who reside in Collin County may vote at any of the additional Election Day Vote Centers provided in the Collin County Contract or at www.collincountytx.gov/elections. Election Day Voting Locations City of Wylie Dallas County* *City voters who reside in Dallas County may vote at any of the additional Election Day Vote Centers provided in the Dallas County Contract or at www.dallascountyvotes.org. Election Day Voting Locations City of Wylie Rockwall County* *City voters who reside in Rockwall County may vote at any of the additional Election.Day Vote Centers provided in the Rockwall County Contract or at www.rockwallvotes.com. Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1001162288 B-1 27 08/10/2021 Item B. Exhibit C VOTER INFORMATION DOCUMENT Wylie City, Texas Proposition A: ❑ FOR "THE ISSUANCE OF$35,100,000 GENERAL OBLIGATION BONDS FOR STREET (a favor) IMPROVEMENTS TO MCMILLEN DRIVE, PARK BOULEVARD AND BALLARD/SACHSE ROAD AND THE IMPOSITION OF A TAX SUFFICIENT TO ❑ AGAINST PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS" (en contra) Wylie City, Texas Proposition B: ❑FOR "THE ISSUANCE OF$10,000,000 GENERAL OBLIGATION BONDS FOR STREET (a favor) AND ALLEY IMPROVEMENTS WITHIN THE CITY AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE ❑ AGAINST BONDS" (en contra) Wylie City, Texas Proposition C: ❑ FOR "THE ISSUANCE OF $5,000,000 GENERAL OBLIGATION BONDS FOR STREET (a favor) IMPROVEMENTS FOR THE DOWNTOWN HISTORIC DISTRICT AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND ❑ AGAINST INTEREST ON THE BONDS" (en contra) principal of debt obligations to be authorized $50,100,000 estimated interest for the debt obligations to be authorized presuming an $22,550,908 average interest rate of 3.80% estimated combined principal and interest required to pay on time and in $72,650,908 full the debt obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt $74,420,000 obligations as of the date the election was ordered,the estimated interest on all $16,220,048 outstanding debt obligations estimated combined principal and interest required to pay on time and in $90,640,048 full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence $45.11 homestead with a taxable value of$100,000 to repay the debt obligations to be authorized, if approved This figure assumes the amortization of the City's debt obligations, including outstanding debt obligations and the proposed debt obligation; changes in estimated future appraised values within the City; and the assumed interest rate on the proposed debt obligations. Resolution No.2021-20(R)Ordering Bond Election 102744976.4/1 001 1 62288 C-1 28 08/10/2021 Item B. November 2, 2021 Election Law Calendar • Downloadable PDF Last Updated: June 2021 The uniform election date in November of odd-numbered years is usually the date on which constitutional amendments passed by the Texas Legislature during its recently completed session are voted on. Many local political subdivisions, such as cities and school districts, also have their regular general elections for members of their governing bodies or special elections to fill vacancies on this date. Political subdivisions, including counties, may also have measure (proposition) elections on this date. Therefore, this calendar is designed to meet the needs of many diverse governmental bodies. If there are questions about the applicability of something in this calendar to your particular election, do not hesitate to call the Elections Division of the Office of the Texas Secretary of State at 1-800-252-VOTE (8683). Months 1. June 2. July 3. August 4. September 5. October 6. November 7. December Notes 1. Campaign Information 2. Submissions to the U.S. Department of Justice 3. Statutory and Administrative Code References 4. Web Postings 5. Required Use of County Polling Places 6. Notice of Candidate Filing Periods 7. Joint Election Requirement for School Districts 8. Joint Elections Generally 9. Notice of Elections 10. Extended Early Voting Hours 11. Notice of Previous Polling Place 12. Temporary Branch Locations 1 29 08/10/2021 Item B. 13. Notice of Change of Polling Place 14. Testing Tabulating Equipment 15. Accepting Voters with Certain Disabilities 16. Note on Laws Regarding ABBMs and FPCAs NOTE REGARDING CERTAIN STATUTES AND GOVERNMENTAL ACTIONS THAT RELATE TO THE FEDERAL CENSUS: Pursuant to HB 2025(2021),the population figures from the 2010 federal census will continue to apply with respect to a statute that applies to a political subdivision having a certain population according to the most recent federal census until September 1, 2023. The bill specifies that a statute does not apply to a political subdivision to which the statute did not apply under the 2010. federal census, regardless of whether the political subdivision has the population prescribed by the statute according to the 2020 federal census. 1. Note on Campaign Information Under Title 15 of the Texas Election Code, candidates running for an office must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising,please contact the Texas Ethics Commission at 201 E. 14th, 10th Floor, Austin, Texas 78701; call 512-463-5800; or access their website at: www.ethics.state.tx.us. 2. Note on Submissions to the U.S. Department of Justice On June 25, 2013, the United States Supreme Court issued its decision in Shelby County v. Holder, 133 S. Ct. 2612 (2013). The Supreme Court's decision held that Section 4 of the federal Voting Rights Act of 1965 is unconstitutional and its formula can no longer be used as a basis for subjecting jurisdictions to preclearance. Accordingly, unless and until there is new law from the United States Congress signed by the President or other court order, the Texas Attorney General has advised the Secretary of State that it is no longer required to submit voting changes to the DOJ for preclearance. We suggest that Texas counties or other Texas political subdivision discuss the effect of Shelby and the continuing applicability of other provisions of the Voting Rights Act with their legal counsel. 3. Note on Statutory and Administrative Code References Unless otherwise indicated, all references are to the Texas Election Code. The county election officer is the county clerk, the county elections administrator, or the county tax assessor-collector, depending on the actions of the county commissioners court. (Secs. 31.031, 31.071, and 31.091). The county voter registrar is the county clerk, the county elections administrator, or the county tax assessor collector, depending on the actions of the county commissioners court. (Secs. 12.001, 12.031, 31.031 and 31.071) 4. Note on Web Postings Please see our Web Posting Advisory, Election Advisory No. 2019-19 for more details on web posting requirements; however, the requirements are summarized below. 2 30 08/10/2021 Item B. As of January 1, 2020, each county shall maintain a website. (Sec. 26.16(a), Tax Code) A political subdivision with the authority to impose a tax that maintained a publicly accessible website at any time on or after January 1, 2019, and that is not subject to Section 2051.202 of the Government Code must post the following items on the entity's Internet website (Secs. 2051.201, 2051.202, Government Code) See Internet Posting Requirements for Political Subdivisions The political subdivision's contact information, including a mailing address, telephone number, and e-mail address; 1. Each elected officer of the political subdivision; 2. The date and location of the next election for officers of the political subdivision; 3. The requirements and deadline for filing for candidacy of each elected office of the political subdivision which shall be continuously posted or at least one year before the election day for the office; 4. Each notice of a meeting of the political subdivision's governing body under Subchapter C, Chapter 551 of the Government Code; and 5. Each record of a meeting of the political subdivision's governing body under Section 551.021 of the Government Code. Our office recommends consulting with your political subdivision's local counsel regarding the particular posting requirements under Subdivisions (4) and (5) referenced above. Please note, the requirements for posting notice of meetings and record of meetings of the political subdivision's governing body do not apply to: 1. A county with a population of less than 10,000; 2. A municipality with a population of less than 5,000 located in a county with a population of less than 25,000; or 3. A school district with a population of less than 5,000 in the district's boundaries and located in a county with a population of less than 25,000. NOTE-NEW LAW: HB 1154 (2021)amended the Government Code to include Section 2051.202, effective September 1, 2021. Section 2051.202 of the Government Code requires a special purpose district with certain financial and population characteristics to post specific information on an Internet website. "Special purpose district" excludes from the term a municipality, county,junior college district, independent school district, groundwater conservation district, river authority, or political subdivision with statewide jurisdiction. (Sec. 2051.202, Government Code) During the 21 days before the election, a debt obligation order under Section 3.009 must be posted on the political subdivision's Internet website,prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)) NOTE-NEW LAW: SB 1116 (2021) amended Chapter 4 of the Election Code by adding Section 4.009 regarding candidate and polling place information which must be posted on county, city, and school district websites. Specifically, not later than the 21st day before election day, a county that 3 31 08/10/2021 Item B. holds an election or provides election services for an election must post certain information related to their upcoming elections. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data. • The date of the election; • The location of each polling place; • Each candidate for an elected office on the ballot; and • Each measure on the ballot. (Sec. 4.009) NOTE-NEW LAW: SB 1116 (2021) amended Chapter 65 of the Election Code by adding Section 65.016 of the Code regarding election results information which must be posted on county, city, and school district websites. Specifically, a county that holds an election or provides election services for an election for a public entity must post certain information on their website. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting such information. Information should be posted as soon as practicable after the election and must be accessible without having to make more than two selections or view more than two network locations after accessing the home page of the county, city or school district, whichever is applicable. Required information on the websites must include: • the results of each election; • the total number of votes cast; • the total number of votes cast for each candidate or for or against each measure; • the total number of votes cast by personal appearance on election day; • the total number of votes cast by personal appearance or mail during the early voting period; and • the total number of counted and uncounted provisional ballots cast. (Sec. 65.016) 5. Note on Required Use of County Polling Places Political subdivisions holding an election on the November uniform election date must use county election precincts and the county polling places. (Secs. 42.002, 42.0621 & 43.004) This is the case even when the county has adopted the countywide polling place system; in that case the entity must have a presence in every countywide location in the county,not just the locations physically within the territory of the political subdivision. (Secs. 42.002; 43.007(e)) NOTE-In a special election for which use of county election precincts is required,the commissioners court may consolidate, on the recommendation of the county election board, two or more county election precincts into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct. If county election precincts are consolidated for a countywide election,at least one consolidated precinct must be situated wholly within each commissioners precinct. (Sec. 42.008) 4 32 08/10/2021 Item B. NOTE—When a county is using the countywide polling place program and a court order requires any of the polling locations to remain open past 7 p.m.,then ALL countywide polling place locations MUST remain open for the same amount of time, as ordered by the court order. (Sec 43.007) In an election held by a political subdivision other than a county on the November uniform election date, and in which the political subdivision is not holding a joint election with a county or has not executed a contract with a county elections officer under which the political subdivision and the county share early voting polling places for the election,the political subdivision must designate as one of its own early voting sites one of the early voting sites established by the county (other than a movable site established under Section 85.062(e))that is located in the political subdivision. If such a shared polling place is designated as the main early voting polling place by the political subdivision, it must be open for voting for all political subdivisions the polling place serves for at least the days and hours required of a main early voting polling place for the political subdivision making the designation. (Secs. 85.010; 85.002; 85.062(e)) 6. Note on Notice of Candidate Filing Periods The authority with whom an application for a place on the ballot is filed must post a Notice of Deadline to File Applications for Place on the Ballot, listing the filing period dates in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040) If you order a special election to fill a vacancy, the order must include the filing deadline; we recommend posting the notice of the filing period as soon as practicable after a special election is ordered. Note that an application for a place on the ballot for a special election may not be filed before the election is ordered. NOTE-NEW LAW: HB 3107 (2021) requires the authority with whom an application for a place on the ballot is filed to designate an e-mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot. (Sec. 141.040) 7. Note on Joint Election Requirement for School Districts School districts conducting trustee elections must have joint polling places on election day with either: 1. a city holding an election on the uniform election day (located wholly or partly within the school district's boundaries); 2. a public junior college district if it is having an election for members of its governing board in which the school district is wholly or partly located; 3. in limited circumstances, a hospital district; or 4. the county on the November uniform election day in even-numbered years. For purposes of this calendar,we will continue to use separate subheads for cities and school districts when their rules are different. However, many entities will be working out joint election agreements. (Sec. 11.0581, Texas Education Code; Sec. 271.002) 8. Note on Joint Elections Generally 5 33 08/10/2021 Item B. Many entities will have joint elections for the November 2, 2021 election. Note that the entries in this calendar are generally written in teluis of elections held individually rather than jointly. For example, cities are advised about conducting two 12-hour days for early voting. However, we have long advised different entities who conduct early voting together to coordinate their early voting hours,which may result in entities other than cities also holding early voting on two 12-hour days. On the other hand, depending on the plan, different entities may choose not to hold early voting together and to do things separately. Not all joint election plans are alike. With a few exceptions, we do not discuss the impact of coordinating rules for a joint election, as we think this would make the calendar longer and confusing. We encourage joint election partners to read through the entire calendar, taking note of the rules affecting the partner entities and to address the differences within the agreement itself. If you have questions about how rules apply to a particular joint election plan,please contact our office by phone or email. 9. Note on Notice of Elections Political subdivisions other than cities and school districts may have specific statutory notice requirements. In the absence of specific statutory requirements, such political subdivisions must post a notice on or before the 21st day before the election. (Sec. 4.003(b)) For the Tuesday, November 2, 2021 election, this notice must be posted on or before Tuesday, October 12, 2021. In addition, the general rule is that notice must be given by any one or more of the following methods: 1. posting the notice in each election precinct in which the election is to be held on or before the 21st day before the election, Tuesday, October 12, 2021. (Sec. 4.003(a)(2)) 2. publishing the notice at least once between the 30th day and the 10th day before the election, Sunday, October 3, 2021 — Saturday, October 23, 2021. (Sec. 4.003(a)(1)) 3. mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day, Saturday, October 23, 2021. (Sec. 4.003(a)(3)) Note for Counties: Notice of an election ordered by the governor or by a county authority must be published in a newspaper; the county may also give any additional notice. (Secs. 4.003(a)(1), 4.003(c)) Note for Cities and School Districts: Cities and school districts are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1) and may also give any additional notice. (Sec. 4.003(c)) Counties, school districts, and cities may also post notice on the governmental bulletin board used for posting notice of public meetings, no later than Tuesday, October 12, 2021. Notice for State Constitutional Amendment Election: The constitutional amendment election is ordered by the governor. However, the commissioners court should also complete a local order to ensure that all required actions related to the election have been completed. Additionally, your county may post notice of the election on the commissioners court bulletin board and must also provide notice under the method authorized under number 2 above. (Secs. 4.002(1), 4.003(a) and(b)) NOTE-NEW LAW: HB 3107 (2021)provides that in addition to any other notice given, notice of an election ordered by the governor, by a county authority, or by an authority of a city or school district must be given by the method prescribed by Section 4.003(a)(1) of the Code. (Sec. 4.003(c)) This notice must include: 6 34 08/10/2021 Item B. 1. The type and date of the election; 2. The location of the main early voting polling place, including the street address, room number, and building name. The notice must designate which location is the main early voting polling place; 3. The location of each polling place, including the street address, room number, and building name; 4. The hours the polls will be open; 5. The regular dates and hours for early voting by personal appearance; 6. The dates and hours of any Saturday or Sunday early voting; 7. The early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different,phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website; 8. We recommend that the information regarding branch early voting locations be included as part of your notice; and 9. Any other information required by other law. NOTE-NEW LAW: HB 3107 (2021) amended Section 4.004 of the Code to require the notice of election to include the Internet website of the authority conducting the election. (Sec. 4.004(a)) NOTE-NEW LAW: HB 3107 (2021) amended Section 83.010 of the Code to require an election order and the election notice to state the early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different,phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010) NOTE-NEW LAW: HB 3107 (2021) amended Section 85.004 of the Code to provide that an election order and election notice must designate which location is the main early voting polling place. (Sec. 85.004) NOTE—ANY notice of polling locations must include more detailed information regarding the polling locations including: the polling location's street address, any applicable suite or room number, and any applicable building name. (Sec. 1.021) Note regarding branch early voting locations: The branch early voting locations are no longer a required part of your notice under the Texas Election Code. (Sec. 4.004) The following forms may be used: -Notice of General Election for Cities -Notice of General Election for Other Political Subdivisions (Including Schools) -Notice of Special Election for Counties All Political Subdivisions: The election notice shall be posted on the political subdivision's website,if the political subdivision maintains a website. For political subdivisions other than counties or cities,the original order and notice should include all days and hours for early voting by personal appearance including voting on ANY Saturday or Sunday. (Secs. 85.006 & 85.007) Note for cities and counties, the election notice 7 35 08/10/2021 Item B. must be subsequently amended to include voting ordered for ANY Saturday or Sunday and must be posted on the political subdivision's website, if maintained. Notice for Bond Elections: Entities holding bond elections must provide additional notice per Section 4.003(f). A debt obligation order under Section 3.009 must be posted: 1. On election day and during early voting by personal appearance, in a prominent location at each polling place; 2. Not later than the 21st day before the election,in three public places in the boundaries of the political subdivision holding the election; and 3. During the 21 days before the election, on the political subdivision's Internet website, prominently and together with the notice of the election and the contents of the proposition, if the political subdivision maintains an Internet website. Note for Home-Rule Charter Cities: Home-rule cities MUST also give notice as provided in their charters. Notice for Political Subdivisions other than Counties, School Districts, and Cities: Political subdivisions other than counties, school districts, and cities may have specific statutory election notice requirements either in their enabling acts or in the code governing them (such as the Water Code). In the absence of specific statutory requirements, such political subdivisions may post a copy of the notice on or before the 21st day before the election (i.e., Tuesday, October 12, 2021) on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision. (Sec. 4.003(b)) Note for All Political Subdivisions, Except Counties: The governing body of a political subdivision must deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day, Friday, September 3, 2021. (Sec. 4.008) Note for Counties: Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. See Note for All Political Subdivisions above. This is regardless of whether the county is contracting with the entity. Notice of Nearest Polling Places in Countywide Election: EACH countywide polling place must post a notice, at that location, of the four nearest locations, by driving distance. (Sec. 43.007(o)) Notice of Four Nearest Countywide Polling Place Locations 10. Note on Extended Early Voting Hours Note for Cities: The city must choose two weekdays for the main early voting polling place to be open for 12 hours during the regular early voting period, if the early voting period consists of more than six weekdays. (Sec. 85.005(d)) The city secretary may also order early voting on a Saturday or Sunday, and determine the hours for such a Saturday or Sunday early voting. This must be done by written order. (Sec. 85.006(b), (c)) Notice of Saturday or Sunday early voting must be posted for at least 72 hours immediately preceding the first hour that voting will be conducted. (Sec. 85.007(c)) The city secretary must have early 8 36 08/10/2021 Item B. voting on Saturday or Sunday, if a written request is received from at least 15 registered voters of the city in time to comply with the posting requirement. (Secs. 85.006(d); 85.007) Note for Counties: The county election officer may also order early voting on a Saturday or Sunday, and determine the hours for such Saturday or Sunday early voting. This must be done by written order. (Sec. 85.006(b); 85.006(c)) Notice of Saturday or Sunday early voting must be posted for at least 72 hours immediately preceding the first hour that voting will be conducted. (Sec. 85.007(c)) The county election officer must have early voting on Saturday or Sunday, if a written request is received from at least 15 registered voters of the county in time to comply with the posting requirement. (Secs. 85.006(d); 85.007) Note for Cities and Counties: The election notice must be subsequently amended to include voting later ordered for ANY Saturday or Sunday and must be posted on the political subdivision's website, if maintained. (Sec. 85.007) Note for All Political Subdivisions,Except Counties & Cities: Voting on ANY Saturday or Sunday must be included in the order and notice of election. The order and notice of election must include the dates and hours of Saturday or Sunday voting. (Secs. 85.006, 85.007)The political subdivision must have early voting on Saturday or Sunday, if a written request is received from at least 15 registered voters of the political subdivision in time to comply with the posting requirement. (Sec. 85.006(d)) The request must be submitted in time to be included in the order and notice of election. (Secs. 85.006; 85.007) Note for Counties with Population of 100,000 or More: Early voting in a special election ordered by the governor must be conducted at the main early voting location for at least 12 hours on each of the last two days of the early voting period. (Sec. 85.005(c)) Note for Counties with Population of Less than 100,000: Early voting must be conducted at the main early voting location on the weekdays of the early voting period and during the hours that the county clerk's main business office is regularly open for business. (Sec. 85.005(a)) However, upon receipt of a written request by at least 15 registered voters of the county for extended hours to the early voting clerk, early voting in a special election ordered by the governor must be conducted at the main early voting location for at least 12 hours on each of the last two days of the early voting period. (Sec. 85.005(c)). The request must be submitted in time to enable compliance with Sec. 85.067. See Notice of Extended Weekday Voting at Main Early Voting Location for County Elections 11. Note on Notice of Previous Polling Place: If a different polling place is being used from the previous election held by the same authority, a Notice of Previous Polling Place must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062) 12. Note on Temporary Branch Locations Effective September 1,2021, the rules for temporary branch locations are different for counties with a population of 100,000 or more. 9 37 08/10/2021 Item B. Note for Counties with a Population of 100,000 or More and Political Subdivisions Situated in Such a County: Early voting at any temporary branch polling place MUST be conducted on the same days that voting is required to be conducted at the main early voting polling place under Section 85.005 of the Code and MUST remain open for eight hours each day. For certain political subdivisions, this will require your temporary branch locations to be open on every weekday of the early voting period, for at least eight hours on each of those days. This only applies to an election in which the territory served by the early voting clerk is situated in a county with a population of 100,000 or more. In an election in which the territory served by the early voting clerk is situated in more than one county,this section applies if the sum of the populations of the counties is 100,000 or more. (Secs. 85.005 and 85.064) NOTE for political subdivisions other than city or county — If the city or county election officer does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters, the temporary branch polling place(s) must be open for at least three hours each day that voting is required to be conducted at the main early voting polling place under Section 85.005 of the Code. This applies if the territory served by the early voting clerk is in a county with a population of 100,000 or more. In an election in which the territory served by the early voting clerk is situated in more than one county, this also applies if the sum of the populations of the counties is 100,000 or more. (Secs. 85.005 and 85.064) NOTE-NEW LAW: HB 3107 (2021) amended Section 85.064 of the Code to provide that the section only applies to an election in which the territory served by the early voting clerk is situated in a county with a population of 100,000 or more. In an election in which the territory served by the clerk is situated in more than one county,this section applies if the sum of the populations of the counties is 100,000 or more. (Sec. 85.064) NOTE-NEW LAW: HB 3107 (2021) amended Section 85.068 of the Code to provide that if the early voting clerk is a county election officer or city secretary, the clerk must post notice for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Sections 85.064(d) or 85.065(b). (Sec. 85.068) Note for Counties with a Population of Less than 100,000 and Political Subdivisions Situated in Such a County: Early voting at any temporary branch polling place may be conducted on any days and during any hours of the period for early voting by personal appearance, as determined by the authority establishing the branch. However, voting at a temporary branch polling place must be conducted on at least two consecutive business days and for at least eight consecutive hours on each of those days. The authority authorized under Section 85.006 of the Code to order early voting on a Saturday or Sunday may also order, in the manner prescribed by that section, early voting to be conducted on a Saturday or Sunday at any one or more of the temporary branch polling places. The schedules for conducting voting are not required to be uniform among the temporary branch polling places. This applies only to an election in which the territory served by the early voting clerk is situated in a county with a population under 100,000. In an election in which the territory served by the early voting clerk is situated in more than one county, this applies if the sum of the populations of the counties is under 100,000. (Sec. 85.065) NOTE-NEW LAW: HB 3107 (2021)added Section 85.065 of the Code to modify the requirements regarding the days and hours for early voting by personal appearance at any temporary branch polling place if the territory served by the early voting clerk is situated in a county with a population 10 38 08/10/2021 Item B. under 100,000 or if the territory served by the early voting clerk is situated in more than one county and the sum of the populations of the counties is under 100,000. (Sec. 85.065) NOTE-NEW LAW: HB 3107 (2021) amended Section 85.068 of the Code to provide that if the early voting clerk is a county election officer or city secretary, the clerk must post notice for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Sections 85.064(d) or 85.065(b). (Sec. 85.068) 13. Note on Notice of Change of Polling Place Location: For elections ordered by the Governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003 of the Texas Election Code, and the county election officer maintains a website to inform voters about elections,the notice of the change must be posted on the website. The notice on the website must be posted not later than the earlier of 24 hours after the location was changed or 72 hours before the polls open on election day. (Sec. 43.061)If the county election officer is conducting a legislative vacancy election, the candidates listed on the ballot are entitled to receive notice directly from the county judge. 14. Note on Testing Tabulating and Electronic Voting Equipment Ballot Testing: Once all candidate filing deadlines have passed, we recommend that you proof and test your ballot programming as soon as possible. Early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming. We also strongly suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections. Logic and Accuracy Test: We recommend establishing a date to perform the first test of your electronic voting equipment (L&A, or Logic and Accuracy Test) as soon as possible. We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary. A notice of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test. (Sec. 129.023; Tex. Sec'y of State Election Advisory No. 2019-23) The L&A test must be conducted not later than 48 hours before voting begins on a voting system. (Sec. 129.023) Testing Tabulating Equipment: The automatic tabulating equipment used for counting ballots at a central counting station must be tested three times for each election. (Ch. 127, Subch. D). We recommend you test the equipment as soon as possible; early testing will allow adequate time to locate any errors and make any necessary corrections in programming. However,the first test must be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election. The second test shall be conducted immediately before the counting of ballots with the equipment begins. The third test must be conducted immediately after the counting of ballots with the equipment is completed. Please note that the custodian of the automatic tabulating equipment must publish notice of the date, hour, and place of the first test in a newspaper at least 11 39 08/10/2021 Item B. 48 hours before the date of the test. (Sec. 127.096) The electronic files created from the L&A testing are what must be used for testing the tabulating equipment.) (Tex. Sec'y of State Election Advisory No. 2019- 23). Precinct tabulators must also be tested in accordance with the procedures set forth in Chapter 127, Subchapter D, of the Texas Election Code to the extent those procedures can be made applicable. (Sec. 127.152; (Tex. Sec'y of State Election Advisory No. 2019-23). Our recommendation is that both L&A testing and testing of the automatic tabulating equipment take place prior to ballots by mail being sent out. However, should there be a reason to delay testing,please be advised that L&A testing must be conducted at least 48 hours before voting begins on a voting system. This means that L&A testing should be completed before early voting and possibly,before election day,if your election day system is different than your early voting system. Additionally, the automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful. For more information on testing tabulating equipment used at the central counting station, please see Chapter 127, Subchapter D of the Election Code and Tex. Sec'y of State Election Advisory No. 2019-23. See Chapter 129, Subchapter B of the Election Code and Tex. Sec'y of State Election Advisory No. 2019- 23 for other types of testing such as functionality tests, logic and accuracy tests, tests for central accumulators, etc. Please see Tex. Sec'y of State Election Advisory No. 2019-23 for additional information regarding voting system equipment access, security and preservation, and chain of custody. 15. Note on Accepting Voters with Certain Disabilities All Political Subdivisions: Accepting voters with certain disabilities: An election officer may accept a person with a mobility problem that substantially impairs a person's ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who arrived before the person. "Mobility problem that substantially impairs a person's ability to ambulate"has the meaning assigned by Section 681.001, Transportation Code. A person assisting an individual with a mobility problem may also,at the individual's request,be given voting order priority. Notice of the priority given to persons with a mobility problem that substantially impairs a person's ability to ambulate shall be posted: 1. at one or more locations in each polling place where it can be read by persons waiting to vote; 2. on the website of the Secretary of State; and 3. on each website relating to elections maintained by a county. (Sec. 63.0015) The recommended time to include this notice on a county website is when the Notice of Election is also posted on the website. Sec 85.007(d). See Note 9 regarding Notice of Elections. Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the notice regarding accepting voters with certain disabilities also be posted on the subdivision's website, if one is maintained by the political subdivision. 16. Note on Laws Regarding ABBMs and FPCAs 12 40 08/10/2021 Item B. If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The early voting clerk should retain a copy of the FPCA for their own records,but should send the FPCA submitted by the voter to the Voter Registrar for registration purposes. (Sec. 84.007) If a voter faxes or emails the ABBM or faxes the FPCA, the date the early voting clerk receives the FAX or EMAIL is considered the date of submission. Essentially, the faxed or emailed form serves as a place- holder for the voter. Therefore, a voter whose application was faxed or emailed by the 11th day before election day (the deadline), and whose original application is received on or before the 4th business day after that date, would still be entitled to receive a ballot for the election (if otherwise eligible). The early voting clerk will have to hold the faxed or emailed ABBM or faxed FPCA until the clerk receives the original, and would only send the voter a ballot if the original is received by the 4th business day after the faxed or emailed ABBM or faxed FPCA was received.See Tex. Sec'y of State Election Advisory No. 2018- 02. The requirement to mail the original application does not apply to an emailed FPCA, but does apply to a faxed FPCA. NOTE-NEW LAW: HB 3107 (2021) amended Section 101.001 of the Code regarding FPCAs. Effective September 1, 2021, a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001) NOTE-NEW LAW: HB 3107 (2021) amended Section 101.052 of the Code regarding FPCAs. Effective September 1, 2021, an FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: I) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2)the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052) NOTE-NEW LAW: Presently, voters may personally hand-deliver their ABBMs to the early voting clerk. HB 3107 (2021) amended Section 84.008 of the Code to provide that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c) of the Code. This means that effective September 1, 2021,voters may now personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 11t1' day before election day (unless that day is a Saturday, Sunday,or legal state or national holiday,in which case the last day is the first preceding regular business day.) (Sec.84.008) 13 41__ 08/10/2021 Item B. Calendar of Events June Thursday, June 17, 2021 (30th day before Saturday, July 17, 2021, first day to file an application for a place on the ballot) Cities, Schools, and Other Political Subdivisions: Post Notice of Deadline to File Applications for Place on the Ballot in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040; Sec. 49.113 Water Code). This notice must be posted in addition to the posting the requirements and deadline for filing for candidacy under Section, 2051.201, Government Code. (See Note 4, above) NOTE - Water Districts: The notice must be posted at the district's administrative office or at the public place established by the district under Section 49.063 of the Water Code. (Sec. 49.113, Water Code) NOTE-NEW LAW: HB 3107 (2021) requires the authority with whom an application for a place on the ballot is filed to designate an e-mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot. NOTE-NEW LAW: HB 4555 (2021) amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must be included on the candidate application form. Specifically, effective September 1, 2021, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application foiin must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement infouning candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B Misdemeanor. (Secs. 141.031, 141.039) Note Regarding New Law: Official candidate applications provided by the SOS will be updated to reflect changes that go into effect September 1, 2021. NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted(finally convicted or otherwise)of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code) Wednesday,June 30, 2021 (last day of June) Counties with a Population of Over 500,000: Deadline for party chairs to submit to county commissioners court a list of eligible persons for precinct presiding judge and alternate presiding judges for appointments in each county election precinct and as a central counting station presiding judge and alternate 14 42 08/10/2021 Item B. judge and who are affiliated or aligned with the county chair's political party. (Secs. 32.002 & 127.005(e)) The list of the county chair of the political party whose candidate for governor received the highest number of votes in the county in the 2018 gubernatorial election must contain the name of a person eligible for appointment as the early voting ballot board presiding judge. (Sec. 87.002(b)) This is meant for counties that did not make two-year appointments in 2020, and will be making appointments in the July 2021 term. Lists submitted by mail must be postmarked by June 30, 2021, in order for them to be considered timely- filed. See Tex. Sec'y of State Election Advisory No. 2021-07. July July Term Counties with a Population of Over 500,000: This is meant for counties that did not make two-year appointments in 2020, and will be making appointments in the July 2021 term. The commissioners court must appoint the election judges for each regular county election precinct at its July term in a county with a population of over 500,000. In counties with a population of over 500,000, the terms of the judges start on August 1, 2021. See entry for Wednesday, June 30, 2021. Saturday, July 17, 2021 (30th day before Monday, August 16, 2021, regular filing deadline for a place on the ballot) Political Subdivisions Other Than Counties: First day to file an application for a place on the ballot or a declaration of write-in candidacy. (Secs. 143.007, 144.005, 146.054 Election Code; Secs. 11.055, 11.056, 130.082(g), 130.0825 Educ. Code). See Candidacy Filing outline for more details. The following applications may be provided to candidates and are available on the Secretary of State's website: • Application for Place on City/School/Other Political Subdivision Ballot • If your home rule city or special law district allows for a petition, the following petition may be used: Petition for Place on the City General Election Ballot • Declaration of Write-In Candidacy for City, School, or other Political Subdivisions NOTE-We are often asked how filing can begin if you have not yet ordered the general election. You do not need to order your general(regularly occurring) election in order for the filing period to begin. NOTE-Cities, Schools,and Other Political Subdivisions: At least part of the candidate filing period will occur during the summer break for school districts. Additionally, there are political subdivisions that do not have office hours on all days of the business week(Monday through Friday) or do not have an office that is open for eight hours each day of the business week. The Elections Division recommends that political subdivisions take steps to have someone available for a few hours most days during the candidate filing period to accept filings, and that political subdivisions post a schedule on their websites and on the bulletin boards where notices of meetings are posted of the days and times when someone will be available to accept filings. The Elections Division also strongly recommends having someone available at the place of business on the filing deadline, especially from 2:00 p.m. to 5:00 p.m., if you are otherwise closed.This guideline is based on the office-hour rule under Section 31.122 of the Election Code. Although a political subdivision may accept applications by mail, fax, or email without a person 15 43 08/10/2021 Item B. there at the office,the political subdivision will not be able to determine which applications were timely filed by 5:00 p.m. NOTE-NEW LAW: HB 3107 (2021) amended Sections 143.004 and 144.003 of the Code to provide that candidate applications, other than those that must be accompanied by a filing fee, may be filed via email. The application must be a scanned copy of the candidate application and must be sent to the filing authority's designated email address for accepting applications. (Secs. 143.004, 144.003) Friday, July 30, 2021 (last weekday "before August") Recommended date that county election officials and local political subdivisions meet to discuss conducting elections at the same polling locations pursuant to Sections 42.002 & 42.0621, as well as any applicable joint election issues needed to be agreed upon. NOTE: This is not a deadline; just a recommendation. Saturday,July 31, 2021 (last day of July) Counties with a Population of 500,000 or Less: Deadline for party chairs to submit to county commissioners court a list of eligible persons for precinct presiding election and alternate presiding judges for appointments in each county election precinct and as a central counting station presiding judge and alternate judge and who are affiliated or aligned with the county chair's political party. (Secs. 32.002 & 127.005(e)) The list of the county chair of the political party whose candidate for governor received the highest number of votes in the county in the 2018 gubernatorial election must contain the name of a person eligible for appointment as the early voting ballot board presiding judge. (Sec. 87.002(b))This is meant for counties that did not make two-year appointments in 2020, and will be making appointments in the August 2021 term. Lists submitted by mail must be postmarked by July 31,2021,in order for them to be considered timely-filed. See Tex. Sec'y of State Election Advisory No. 2021-07. August August Term Counties with a Population of 500,000 or Less: This is meant for counties that did not make two-year appointments in 2020,and will be making appointments in the August 2021 term. The commissioners court must appoint the election judges for each regular county election precinct at its August term in a county with a population of 500,000 or less. In counties with a population of 500,000 or less, the teiuis of the judges start on September 1, 2021. See entry for July 31, 2021. Recommended time for the county commissioners court to decide whether to consolidate county election precincts for the November 2, 2021 state constitutional amendment election. The county may consolidate two or more precincts into a single precinct if it will be so located as to adequately serve the voters. At least one consolidated precinct must be wholly within each commissioners precinct. If a county consolidates county election precincts, they must provide a Notice of Consolidated Precinct at each polling place used in the preceding general election to infolui voters of the precinct's consolidation and the location of the consolidated precinct polling place. This notice must be posted not later than the 10th day before election 16 44__ 08/10/2021 Item B. day and must remain posted continuously through election day. (Secs. 42.008; 4.003(b)) The county shall deliver to the Secretary of State notice of the consolidated precinct no later than the date of the election. (Sec. 4.003(e)) Wednesday, August 4, 2021 (90th day before election day) Last day for eligible political subdivisions to submit Notice of Exemption Under Section 61.013 or an Application of Undue Burden Status to the Secretary of State for exemption from the accessible voting system requirement. (Sec. 61.013) For additional information, consult the most current advisory on this topic, Tex. Sec'y of State Election Advisory No. 2021-02. Friday, August 13, 2021 (81st day before election day; 3rd day before filing deadline) Political Subdivisions Other Than Counties: If a candidate dies on or before this date, his or her name is not placed on the ballot as long as the filing deadline is Monday, August 16, 2021. (Sec. 145.094(a)(1)) NOTE - Section 145.098 provides that if a candidate dies on or before the deadline for filing an application for a place on the ballot,the authority responsible for preparing the ballots MAY choose to omit the candidate from the ballot. If the authority does choose to omit the candidate, the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline, Monday, August 23, 2021. This extended deadline only applies to the regular filing deadline. It DOES NOT apply to the write-in deadline. NOTE - Because the extended deadline for filing an application for a place on the ballot falls on a weekend(Saturday, August 21, 2021), it is extended to the next regular business day,Monday,August 23, 2021. (Sec. 1.006) Monday, August 16, 2021 (78t1 day before election day) Political Subdivisions Other Than Counties: 5:00 p.m. - Last day for a candidate in a political subdivision (other than a county) to file an application for a place on the ballot for general election for officers for most political subdivisions, except as otherwise provided by the Texas Election Code. (Secs. 143.007(c), 144.005(d); Sec. 11.055,Education Code; Chapter 286,Health& Safety Code). See Candidacy Filing outline for more details. NOTE - A home-rule city's charter may not provide an alternate candidate filing deadline. (Secs. 143.005(a), 143.007) NOTE - City Offices with Four-Year Terms: If no candidate has filed for a city office with a four- year term, the filing deadline is 5:00 p.m. of the 57th day before election day, Tuesday, September 7, 2021. (Sec. 143.008)* *Since the 57th day before election day falls on Monday, September 6, 2021 (Labor Day), the deadline is extended to the next regular business day, which is Tuesday, September 7, 2021. NOTE - An application by mail is considered to be filed at the time of its receipt by the appropriate filing authority. (Secs. 143.007(b), 144.005(b)) 17 45 08/10/2021 Item B. Political Subdivisions Other Than Counties (General Election): Deadline for political subdivisions to order a general election to be held on Tuesday, November 2, 2021, unless otherwise provided by the Election Code. (Sec. 3.005) One of the following foiins may be used: -Order of Election for Municipalities -Order of Election for Other Political Subdivisions (Including Schools) Political Subdivisions Other Than Counties (Special Election): Deadline to order a special election on a measure to be held on Tuesday, November 2, 2021. The following form may be used: • Order of Special Election for Municipalities Counties: Deadline for counties to order a special election on a measure to be held on Tuesday,November 2, 2021, other than the constitutional amendment election, which is ordered by the governor. (Secs. 3.004; 3.005) The following form may be used: • Order of Special Election for County-Ordered Measure Elections Notice for State Constitutional Amendment Election: The constitutional amendment election is ordered by the governor. However, the commissioners court should also complete a local order to ensure that all required actions related to the election have been completed. The order of election must include: 1. The date of the election; 2. The location of the main early voting polling place including the street address, room number, and building name. The order must designate which location is the main early voting polling place; 3. The offices or measures to be voted on; 4. (Recommended) Branch early voting polling places (see Notice of Elections above); 5. The dates and hours for early voting(recommended for counties and cities,but required for all other entities). (Cities must include the two designated weekdays for which early voting will be held for 12 hours); 6. The dates and hours of any Saturday and Sunday early voting(if applicable, it is recommended that this information be included in the order for counties and cities,but it must be included for all other entities); and 7. The early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different,phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. In addition to the infoi'nation included above, an order for a debt obligation (bond) election must include (Sec. 3.009): 1. the proposition language that will appear on the ballot; 2. the purpose for which the debt obligations are to be authorized; 18 46 08/10/2021 Item B. 3. the principal amount of the debt obligations to be authorized; 4. that taxes sufficient to pay the principal of and interest on the debt obligations may be imposed; 5. a statement of the estimated tax rate if the debt obligations are authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations, based on the market conditions at the time of the election order; 6. the maximum maturity date of the debt obligations to be authorized or that the debt obligations may be issued to mature over a specified number of years not to exceed the maximum number of years authorized by law; 7. the aggregate amount of the outstanding principal of the political subdivision's debt obligations as of the date the election is ordered; 8. the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the date the election is ordered, which may be based on the political subdivision's expectations relative to variable rate debt obligations; and 9. the ad valorem debt service tax rate for the political subdivision at the time the election is ordered, expressed as an amount per$100 valuation of taxable property. NOTE-NEW LAW: HB 3107 (2021) amended Section 83.010 of the Code to require an election order and the election notice to state the early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different,phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010) NOTE-NEW LAW: HB 3107 (2021) amended Section 85.004 of the Code to provide that an election order and election notice must designate which location is the main early voting polling place. (Sec. 85.004) Friday, August 20, 2021 (74th day before election day) Political Subdivisions Other Than Counties: 5:00 p.m. - Deadline for write-in candidates to file Declarations of Write-In Candidacy for regular officers for city, school district, library district, junior college district, hospital district, common school districts, Chapter 36 and 49 Water Code districts, and other political subdivision elections,unless otherwise provided by law. (Secs. 144.006(b)(2), 146.054(b)(2), 146.055, 146.083, Election Code; Secs. 11.056, 11.304, 130.0825, Education Code; Secs. 326.0431, 326.0432, Local Government Code; Sec. 285.131, Health and Safety Code; and Secs. 36.059, 49.101, 63.0945, Water Code). See Candidacy Filing outline for more details. NOTE - An application by mail is considered to be filed at the time of its receipt by the appropriate filing authority. (Secs. 143.007(b), 144.005(b)) First day to post Notice of Drawing for Place on Ballot if drawing is to be conducted on Tuesday, August 24, 2021. This notice must be posted for 72 hours immediately preceding the time of the drawing. (Sec. 52.094(c)) For an election held by a political subdivision,other than a city, a notice of ballot position drawing must be mailed to candidates by this day (not later than the 4th day before the drawing) if drawing is to be 19 4 _ 08/10/2021 Item B. conducted on Tuesday,August 24,2021. (Sec. 52.094(d))Candidates who have not filed by this date should be given a copy of the notice at the time of filing. For an election held at county or city expense, if a candidate gives the filing authority a written request, accompanied by a stamped, self-addressed envelope, the filing authority must mail the candidate a notice of ballot position drawing. (Sec. 52.094(d)) NOTE-NEW LAW: Effective September 1, 2021, HB 3107 (2021) amended Section 52.094 of the Code to require the authority conducting the drawing to provide notice of the date, hour, and place of the drawing to each candidate by: 1) written notice that is mailed to the address stated on the candidate's application not later than the fourth day before the date of the drawing;or 2)provided at the time the candidate files an application with the appropriate authority. If notice was not provided at the time the candidate filed an application, the notice may be provided by telephone, if a telephone number is provided on the candidate's application or by e-mail, if an e-mail address was provided on the candidate's application. (Sec. 52.094) Monday, August 23, 2021 (71st day before election day) Political Subdivisions Other Than Counties: 5:00 p.m. - Last day for a candidate to withdraw, by submission of a Certificate of Withdrawal or a notarized letter. If a candidate withdraws or is declared ineligible by this date, his or her name is omitted from the ballot. (Secs. 145.092(f), 145.094(a)(4)) For special circumstances regarding withdrawal of a candidate before ballots are prepared, please contact the Elections Division of the Office of the Texas Secretary of State. Political Subdivisions Other Than Counties: 5:00 p.m. Last day to withdraw as a write-in candidate in the general election ordered by a political subdivision other than a county. (Secs. 144.006(c), 146.054(c)) (Candidates may use the Certificate of Withdrawal). NOTE - Section 145.098 provides that if a candidate dies on or before the deadline for filing an application for a place on the ballot,the authority responsible for preparing the ballots MAY choose to omit the candidate from the ballot. If the authority does choose to omit the candidate, the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline, Monday, August 23, 2021. This extended deadline only applies to the regular filing deadline. It DOES NOT apply to the write-in deadline. NOTE - Because the extended deadline for filing an application for a place on the ballot falls on a weekend(Saturday, August 21, 2021),it is extended to the next regular business day,Monday,August 23, 2021. (Sec. 1.006) Recommended first day that an election may be cancelled if all filing deadlines have passed, each candidate for an office listed on the ballot is unopposed, and write-in votes may be counted only for names appearing on a list of write-in candidates. (Sec. 2.052) The Certification of Unopposed Candidates for Other Political Subdivisions maybe used to certify candidates as unopposed. Also, see our Sample Order of Cancellation. A special election of a political subdivision is considered to be a separate election with a separate ballot from a general election for officers of the same political subdivision held at the same time as the special 20 48 08/10/2021 Item B. election. Therefore, the fact that there may be a proposition on the ballot will not prevent a cancellation of an election for candidates who are unopposed. (Sec. 2.051(a))If any members of the political subdivision's governing body are elected from territorial units, such as single member districts, an election may be cancelled in a particular territorial unit if each candidate for an office that is to appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot. An unopposed at-large race may be cancelled in an election regardless of whether an opposed race is to appear on the ballot in a particular territorial unit. (Sec. 2.051(b)) This recommended cancellation deadline presumes a filing deadline of Monday,August 16,2021,and a write-in deadline of Friday, August 20, 2021. Special elections may have different deadlines, and may now be cancelled separately. For more information on cancellation of elections, please see the Secretary of State's Advisory - Cancellation of Election for Local Political Subdivisions (Not County). NOTE - Political Subdivision Holding a Special Election to Fill a Vacancy: If you are having a special election fill a vacancy for an unexpired(partial) term, you must not cancel the special election until after all deadlines to file for a special vacancy election have passed. (Reminder: The cancellation procedures allow general and special elections to be considered separate elections for cancellation purposes. If the elections are separated, note there are procedures related to listing unopposed candidates in the same relative order on the ballot.) See Sec. 2.053, Election Code and the Secretary of State's Advisory - Cancellation of Election for Local Political Subdivisions (Not County). Political Subdivisions Other Than Counties: Recommended date to appoint presiding and alternate judges. Currently, the Election Code does not establish a deadline for appointing election officials; there is only a notification deadline. For further information concerning procedures for appointing judges and their alternates, see Sections 32.005, 32.008, and 32.011. General eligibility requirements are found in Subchapter C, Chapter 32. In addition to appointing a judge and alternate judge for each election precinct pursuant to Sections 32.001 and 32.005, the governing body must allow the judge to appoint no less than two clerks; however, the alternate judge must serve as one of the clerks as a matter of law. (Secs. 32.032, 32.033) The presiding judge then appoints an additional clerk(s), but not more than the maximum set by the governing body. (Sec. 32.033) Presiding judges and their alternates must be given a Notice of Appointment not later than the 20th day after the appointment is made. (Sec. 32.009)If the appointment is for a single election, the notice may be combined with the Writ of Election, which is required to be delivered to each presiding judge not later than the 15th day before the election,Monday, October 18, 2021. (Sec. 4.007, 32.009(e)) If the notices are combined, both must be delivered by the date required by the earlier notice. NOTE - Water Districts: A water district is not required to provide a Notice of Appointment to a presiding judge, as required under Section 32.009, but must provide a Writ of Election. (Sec. 4.007; Sec. 49.110, Water Code) Recommended date to appoint the central counting station personnel, if applicable. (Secs. 127.002, 127.003, 127.004, and 127.005) There is no statutory notice requirement for members of the central counting station,but good practice suggests that written notice be given to them. Recommended date to appoint the presiding judge of the early voting ballot board or to designate the election workers of one election precinct to serve as the early voting ballot board. (Secs. 87.001, 21 49 08/10/2021 Item B. 87.002, and 87.004) There is no statutory notice requirement for members of the early voting ballot board, but good practice suggests that written notice be given to them. Counties: For timeframes for appointment of various election workers for counties, see Tex. Sec'y of State Election Advisory No. 2021-07. Recommended date to order the lists of registered voters from the county voter registrar. The list should include both the voters' residences and mailing addresses in order to conduct early voting by mail. (Sec. 18.006) Recommended date to order election supplies, other than ballots. (Sec. 51.003) Recommended date to confirm telephone number for the county voter registrar's office on election day. Tuesday, August 24, 2021 (70th day before election day) Political Subdivisions Other Than Counties: Last day to order a special election to fill a vacancy (if authorized to fill vacancies by special election) and have the filing deadline be the 62nd day before election day. (Secs. 201.054(a)(1)), 201.052)Please note that the Election Code requires the election to be ordered as soon as practicable after the vacancy occurs. (Sec. 201.051) The following form may be used: Order of Special Election for Municipalities. NOTE - Section 201.054 provides that if a special election to fill a vacancy is ordered(1) on or before the 70th day before election day, the candidate application must be filed by 5:00 p.m. on the 62nd day before election day, OR (2) after the 70th day but on or before the 46th day before election day, the candidate application must be filed by 5:00 p.m. on the 40th day before election day. This is the first of the two possible ordering times. NOTE-NEW LAW: HB 4555 (2021) amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must be included on the candidate application form. Specifically, effective September 1, 2021,candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted,has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B Misdemeanor. (Secs. 141.031, 141.039) Note Regarding the New Law: Official candidate applications provided by the SOS will be updated to reflect changes that go into effect September 1, 2021. NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted(finally convicted or otherwise)of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code) 22 50 08/10/2021 Item B. Recommended date to conduct ballot position drawing. (Sec. 52.094) You should also certify today to the county election officer the offices, propositions (in all necessary languages), and candidates' names (including the order) as they are to appear on the ballot, if you are contracting to have the county conduct your election or if you are conducting a joint election with the county. See entry for August 20, 2021, referencing new law regarding ballot drawing. NOTE - After the ballot drawing has occurred, the Elections Division recommends that you proof and test your ballot programming as soon as possible and prior to the deadline to mail a ballot if the political subdivision will be using automatic tabulating equipment to count the mail ballots or if your mail ballots are printed from the same database used to program your precinct scanners and/or DREs (See Testing Tabulating Equipment). The Elections Division also recommends that you provide candidates with copies of ballot proofs so that candidates may verify the correctness of their names, positions sought, and order of names on the ballot. Thursday, August 26, 2021 (68th day before election day) Deadline for the Secretary of State to certify the state constitutional amendment election. (Sec. 274.003) The certification will include the ballot order of the constitutional amendments. September Wednesday, September 1, 2021 (62nd day before election day) Political Subdivisions Other Than Counties: 5:00 p.m. -Last day to file application for a place on the ballot in a special election to fill a vacancy,if the special election is ordered on or before the 70th day before election day, Tuesday, August 24, 2021. (Sec. 201.054(a)(1))For more details about Section 201.054 and the two possible special election deadlines, see entry for Tuesday, August 24, 2021. Political Subdivisions Other Than Counties: 5:00 p.m. - Deadline for write-in candidates to file Declarations of Write-In Candidacy for officers for city, school district, library district, junior college district, hospital district, and common school districts in a special election to fill a vacancy if the special election is ordered on or before the 70th day before election day, Tuesday, August 24, 2021. (Sec. 201.054(a)(1) and 201.054(g)) NOTE-A declaration of write-in candidacy for a special election must be filed not later than the filing deadline. The filing deadline to file an application for a place on the ballot in a special election to fill a vacancy, if the special election is ordered on or before the 70th day before election day, Tuesday, August 24, 2021, is Wednesday, September 1, 2021. (Section 201.054(g)) NOTE-NEW LAW: HB 4555 (2021) amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must be included on the candidate application form. Specifically, effective September 1, 2021, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted,has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to 23 51 08/10/2021 Item B. include in the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application foiin must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement inforiming candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B Misdemeanor. (Secs. 141.031, 141.039) Note Regarding the New Law:Official candidate applications provided by the SOS will be updated to reflect changes that go into effect September 1, 2021. NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted(finally convicted or otherwise)of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code) NOTE-NEW LAW: Effective September 1, 2021, HB 3107 (2021) amended Section 52.094 of the Code to require the authority conducting the drawing to provide notice of the date, hour, and place of the drawing to each candidate by: 1) written notice that is mailed to the address stated on the candidate's application not later than the fourth day before the date of the drawing; or 2) provided at the time the candidate files an application with the appropriate authority. If provided at the time the candidate files an application, the notice may be provided by telephone, if a telephone number is provided on the candidate's application or by e-mail, if an e-mail address was provided on the candidate's application. (Sec. 52.094) Friday, September 3, 2021 (60th day before election day) First day of period during which the Secretary of State must publish first statewide notice of state constitutional amendment election. The Secretary of State will publish this notice a second time on the same day of the next week after the first notice was published. (Art. XVII, Sec. 1, Texas Constitution) Political Subdivisions Other Than Counties: Last day for the governing body of a political subdivision to deliver notice of the election to the county clerk/elections administrator and voter registrar of each county in which the political subdivision is wholly or partly located. (Sec. 4.008) NOTE - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under 4.008. This is regardless of whether the county is contracting with the entity.See Note 9 for more info'ination on the requirements related to the Notice of Election. NOTE-NEW LAW: HB 3107 (2021)requires the notice of election to include the Internet website of the authority conducting the election. (Sec. 4.004(a)) NOTE-NEW LAW: HB 3107 (2021) amended Section 83.010 to require an election order and the election notice to state the early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010) Recommended date for county clerk/county elections administrator to deliver an initial list of voters who have submitted annual applications for ballot by mail under Section 86.0015 and scans or photocopies of 24 52 08/10/2021 Item B. those applications to the early voting clerk of any political subdivision located within the county that is holding an election on November 2, 2021. The list should only include voters that reside in the political subdivision holding the election. The list should only be created and sent to those political subdivisions that have provided notice of the election to the county clerk/elections administrator. See also, the note below and the entry at Friday, October 22, 2021, for more information about delivery of a final list of voters. See entry at Thursday, October 21, 2021, and entry at Saturday, October 30, 2021, for more information on the delivery of copies/images of the applications. NOTE - Section 86.0015 requires the county clerk/elections administrator to provide a list of voters that have submitted an annual application for ballot by mail to all political subdivisions in their county holding an election. The law only applies to elections for which the county clerk/elections administrator is not the early voting clerk via a contract for election services or joint election agreement. The Election Division strongly recommends that the county and political subdivisions discuss the frequency and method for which these lists should be transmitted to ensure that ballots are sent out timely. Finally, the county clerk/elections administrator must deliver either photocopies or scanned images of the applications (under Section 87.126) to the early voting clerk of the political subdivision before the ballots by mail are delivered to the early voting ballot board for qualifying and counting under Section 87.041. Monday, September 6, 2021 (57th day before election day) (Labor Day) Political Subdivisions Other Than Counties: 5:00 p.m. — Last day for a candidate to file Certificate of Withdrawal in a special election, in which the filing deadline is the 62nd day before election day. If a candidate withdraws or is declared ineligible by this date, his or her name is omitted from the ballot. (Secs. 145.092(b) and (e) and 145.094(a)(3)) Section 1.006 of the Code not does not apply to Section 145.092(b). For special circumstances regarding withdrawal of a candidate before ballots are prepared, please contact the Elections Division of the Office of the Texas Secretary of State. Tuesday, September 7, 2021 (56th day before election day) City Offices with Four-Year Terms: 5:00 p.m. - Extended filing deadline in cities with four-year teluis of office, when no candidate files for a particular office by the regular filing deadline of Monday, August 16, 2021. (Secs. 1.006 and 143.008)See note entry for Monday, August 16, 2021.* *Since the 57th day before election day falls on Monday, September 6, 2021 (Labor Day), the deadline is extended to the next regular business day, which is Tuesday, September 7, 2021. Monday, September 13, 2021 (50th day before election day; 21st day after August 23, 2021) Deadline to challenge the filing of an application for a place on the ballot as to foi in,content, and procedure. (Sec. 141.034) 25 53 08/10/2021 Item B. NOTE-NEW LAW: HB 3107 (2021) amended Section 141.034 of the Code to provide that a candidate application cannot be challenged for "Foiui, Content, and Procedure" defects after the 50th day before the date of the election for which the application is made. (Sec. 141.034) Political Subdivisions Other Than Counties: Last day to notify election judges of their appointment if they were appointed, as recommended, on Monday, August 23, 2021. (Secs. 1.006, 32.009(b)) Presiding and alternate judges must be notified of their appointment in writing, not later than the 20th day after the date the appointment is made. The notice of the judge's duty to conduct the election (writ of election) pursuant to Section 4.007 may be combined with the above notice,if the appointment is for a single election only. If the notices are NOT combined, then the notice of the judge's duty to conduct the election (writ of election) must be delivered not later than the 15th day before election day, Monday, October 18, 2021. Last day of period during which the Secretary of State must publish first statewide notice of state constitutional amendment election. The Secretary of State will publish this notice a second time on the same day of the next week after the first notice was published. (Art. XVII, Sec. 1, Texas Constitution) Last day to publish notice for testing of automatic tabulation equipment testing and logic and accuracy testing (L&A testing) of a voting system that uses direct recording electronic (DRE) voting machines and precinct scanners if test will be completed by recommended deadline of Wednesday, September 15, 2021. Notice of the public tests must be published at least 48 hours before the test begins. (Secs. 127.093, 127.096, 129.001, 129.022, 129.023) See Note 14 above. Monday, September 13,2021 - Sunday, December 12, 2021 (50th day before election day-40t1 day after election day) Mandatory Office Hours: Each county clerk,city secretary or secretary of a governing body(or the person performing duties of a secretary) must keep the office open for election duties for at least 3 hours each day, during regular office hours, on regular business days. (Sec. 31.122) NOTE - Counties: This office hour rule applies to the entity's general election or special election ordered by that authority;we recommend that the county maintain these office hours,because the county conducts the constitutional amendment election. The hours are clearly required if the county authority orders an additional county election. NOTE - Independent School Districts: A "regular business day" means a day on which the school district's main business office is regularly open for business. (Sec. 31.122(b)) NOTE-Special Elections: In the case of a special election,the office hour rule is triggered starting the third day after the special election is ordered. (Sec. 31.122) NOTE-NEW LAW: HB 3107 (2021) amended Section 31.096 of the Code which addresses nontransferable functions under an election services contract. Specifically, an election services contract may not change the political subdivision's requirement to maintain office hours under Section 31.122. The amendment to Section 31.096 of the Code also allows a county that has contracted with a city to be the custodian of voted ballots for a city election. (Sec. 31.096) 26 54 08/10/2021 Item B. Wednesday, September 15, 2021 (48th day before election day) Recommended date to conduct the first test of the automatic tabulating equipment and for logic and accuracy(L&A test)test on precinct scanners and DREs. (Secs. 127.093; 127.096; 129.022; 129.023) The SOS recommends you complete your first round of testing prior to mailing your mail ballots if those ballots will be counted using automatic tabulation equipment. If you conduct your first round of testing by this date,you must publish notice of the test 48 hours prior to testing. See Note 14 , above. Friday, September 17, 2021 (46th day before election day) Political Subdivisions Other Than Counties: Last day to order a special election to fill a vacancy (if authorized to fill vacancies by special election). If the election was ordered after the 70th day before election day, the filing deadline will be the 40th day before election day. (Secs. 201.052 and 201.054(a)(2)) Please note that the Election Code requires the election to be ordered as soon as practicable after the vacancy occurs. (Sec. 201.051) The following form may be used: Order of Special Election for Municipalities. NOTE-NEW LAW: HB 4555 (2021) amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must be included on the candidate application form. Specifically, effective September 1, 2021, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted,has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B Misdemeanor. (Secs. 141.031, 141.039) Note Regarding the New Law: Official candidate applications provided by the SOS will be updated to reflect changes that go into effect September 1, 2021. NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted(finally convicted or otherwise)of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code) Saturday, September 18, 2021 (45th day before election day) Deadline to mail ballots to military or overseas voters who already submitted their ballot requests via a federal postcard application(FPCA) or via a standard application for ballot by mail(ABBM) and indicated that they are outside the United States. If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)) NOTE - The 45th Day deadline under Section 86.004(b) is not extended by Section 1.006 to the next business day. The ballots covered by Section 86.004(b) should be sent out on or before Saturday, September 18, 2021. 27 5 08/10/2021 Item B. NOTE-NEW LAW: HB 3107 (2021) amended Section 101.052 of the Code regarding FPCAs. Effective September 1, 2021, an FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2)the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052) NOTE-NEW LAW: HB 3107 (2021) amended Section 101.001 of the Code regarding FPCAs. Effective September 1, 2021, a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001) Reminder Regarding FPCAs and Overseas ABBMs: If the early voting clerk receives an FPCA (from a military or non-military voter) or an ABBM from an overseas voter after the 45th day deadline, then the ballot must be mailed within seven days after the early voting clerk receives the FPCA or ABBM. (Secs. 86.004(b); 101.104) Reminder: In regards to mail ballots for other voters (not military voters using an FPCA or overseas voters using an FPCA or ABBM), the early voting clerk must mail a ballot not later than the 7th day after the later of: (1) the date the early voting clerk has accepted a voter's application for a ballot by mail or (2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 37th day before election day,the voter's mail ballot must be mailed no later than the 30th day before election day. (Sec. 86.004(a)). This means that for every application that comes in before the 37th day before election day, the balloting materials must be mailed by the 30th day before election day. Any application that comes in after the 37th day before election day will follow the 7-day timeline in Sec. 86.004. NOTE - Information on the early voting roster for both early voting in person and early voting by mail must be made available for public inspection and on the county's website if the county clerk or elections administrator is serving as the early voting clerk.For an election held by a political subdivision in which the county clerk or elections administrator is not serving as the political subdivision's early voting clerk, then the information on the roster must be made available on the Internet website of the authority ordering the election. The early voting roster shall be posted by 11:00 a.m. on the day after the information is entered on the roster (for early voting in person) or by 11:00 a.m. on the day after the early voting clerk receives a ballot voted by mail. If the entity does not maintain a website, the information must be on the bulletin board used for posting notices. (Sec. 87.121) NOTE-NEW LAW: HB 1622 (2021) amended Section 87.121 of the Code to provide that if an early voting clerk fails to post their early voting rosters in accordance with Section 87.121, a person registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk's noncompliance. The Secretary of State by rule shall create and maintain a system for receiving and recording these complaints. (Sec. 87.121) 28 56 08/10/2021 Item B. Thursday, September 23, 2021 (40th day before election day) Political Subdivisions Other Than Counties: 5:00 p.m. — Last day to file for a place on the ballot in a special election to fill a vacancy,if the special election is ordered after the 70th day before election day,but on or before the 46th day before election day, Friday, September 17, 2021. (Sec. 201.054(a)(2))For more details about Section 201.054 and the two possible special election deadlines,see entry for Tuesday,August 24, 2021. Political Subdivisions Other Than Counties: 5:00 p.m. - Deadline for write-in candidates to file Declarations of Write-In Candidacy for officers for city, school district, library district, junior college district, hospital district, and common school districts in a special election to fill a vacancy if the special election is ordered after the 70th day before election day, but on or before the 46`h day before election day, Friday, September 17, 2021. (Sec. 201.054(a)(1) and 201.054(g)) NOTE - Sec. 201.054(g) provides that a declaration of write-in candidacy for a special election must be filed not later than the filing deadline. NOTE-NEW LAW: HB 4555 (2021) amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must be included on the candidate application form. Specifically, effective September 1, 2021, candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted,has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B Misdemeanor. (Secs. 141.031, 141.039) Note Regarding the New Law:Official candidate applications provided by the SOS will be updated to reflect changes that go into effect September 1, 2021. NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate must not have been convicted(finally convicted or otherwise)of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code) NOTE-NEW LAW: HB 3107 (2021) amended Section 52.094 of the Code to require the authority conducting the drawing to provide notice of the date, hour, and place of the drawing to each candidate by: 1)written notice that is mailed to the address stated on the candidate's application not later than the fourth day before the date of the drawing; or 2)provided at the time the candidate files an application with the appropriate authority. If provided at the time the candidate files an application, the notice may be provided by telephone, if a telephone number is provided on the candidate's application or by e-mail, if an e-mail address was provided on the candidate's application. (Sec. 52.094) Monday, September 27, 2021 (36th day before election day) 29 5 08/10/2021 Item B. Deadline for the Secretary of State to mail each county judge a copy of the governor's proclamation ordering the state constitutional amendment election. (Sec. 3.003(c)) Tuesday, September 28, 2021 (35th day before election day) Political Subdivisions Other Than Counties: 5:00 p.m.—Last day for a candidate to file a Certificate of Withdrawal in a special election, in which the filing deadline is the 40th day before election day. If a candidate withdraws or is declared ineligible by this date,his or her name is omitted from the ballot. (Secs. 145.092(a) and 145.094(a)(2))For special circumstances regarding withdrawal of a candidate before ballots are prepared, please contact the Elections Division of the Office of the Texas Secretary of State. October Friday, October 1, 2021 (32°d day before election day) Recommended date for early voting clerk to issue order calling for appointment of signature verification committee. (Sec. 87.027) NOTE - If the signature verification committee will start meeting on Wednesday, October 13, 2021, the early voting clerk must post a copy of the order calling for appointment of the signature verification committee on or before this date as the notice must remain posted continuously for at least 10 days before the first day the committee meets. (Sec. 87.027(g)) Sunday, October 3, 2021 (30th day before election day) Last day for the county clerk to post a full copy of all amendments to be voted on at the state constitutional amendment election. (Art. XVII, Sec. 1, Texas Constitution). First day of period during which notice of the constitutional amendment election and other elections must be published in a newspaper of general circulation if method of giving notice is not specified by a law outside the Texas Election Code, and this method of giving notice is selected. The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c) and (d)) This notice may be combined with the other notices you are required to publish. election notice shall be posted on the political subdivision's website. See Note on Notice of Elections. NOTE-NEW LAW: HB 3107 (2021) requires the notice of election to include the Internet website of the authority conducting the election. (Sec. 4.004(a)) NOTE-NEW LAW: HB 3107 (2021) amended Section 83.010 of the Code to require an election order and the election notice to state the early voting clerk's official mailing address or street address at which 30 58_ 08/10/2021 Item B. the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010) Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the Notice of Voting Order Priority for voters with mobility issues also be posted on the subdivision's website, if one is maintained by the political subdivision. (Secs. 63.0013; 85.007(d)). For more information on this requirement, see Note 15. Counties: The recommended time to include this notice on a county website is when the notice of election is also posted on the website. (Secs. 63.0013 & 85.007(d)) NOTE -Notice of Change of Polling Place Location: For elections ordered by the governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003, and the county election officer maintains a website to inform voters about elections, the notice of the change must be posted on the website. The notice on the website must be given not later than the earlier of(1) 24 hours after the location was changed; or(2)72 hours before the polls open on election day. (Sec.43.061). If the county election officer is conducting a legislative vacancy election, the candidates listed on the ballot are entitled to receive notice directly from the county judge. NOTE -Notice of Previous Polling Place: If a different polling place is being used than at the previous election held by the same authority, Notice of Previous Precinct must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062) Monday, October 4, 2021 (29th day before election day) Last day to register to vote or make a change of address effective for the Tuesday, November 2, 2021, election. The deadline is extended to the next regular business day which is Monday, October 4,2021, due to the 30th day falling on Sunday, October 3, 2021.* (Secs. 13.143, 15.025) *If the 30th day before the election falls on a weekend or holiday, a voter application or a notice of change in registration information is considered timely if it is submitted to the voter registrar on or before the next regular business day. (Secs. 13.143(e) and 15.025(d)) NOTE-A voter who submits a change of address after this date may still be eligible to return to his or her previous precinct to vote under "fail-safe" voting, if he or she still resides in the same county and the same local political subdivision, if applicable, conducting the election. (Secs. 15.025; 63.0011) NOTE - A Federal Postcard Application (FPCA) also serves as an application for permanent registration under Texas law unless the voter marked"my intent to return is uncertain" (2019 form), or"my return is uncertain" (2017 folin). The early voting clerk should make a copy(for mailing ballots, keeping records, etc.), then should forward the original to the county voter registrar, as soon as practicable. (Sec. 101.055; 1 Tex. Admin. Code Sec. 81.40(a), (c)(2)) Recommended last day for early voting clerk to order supplemental and registration correction lists, if applicable, or order revised original list of registered voters from the voter registrar for early voting by personal appearance. (Secs. 18.001, 18.002, 18.003, 18.004) 31 59 08/10/2021 Item B. NOTE-Per Sections 18.002 and 18.003 of the Code, supplemental and corrected voter registration lists must be provided as needed to ensure all eligible voters appear on the official list of registered voters. (Secs. 18.002, 18.003) Wednesday, October 6, 2021 (27th day before election day) Recommended last date for the county election board (or governing body of political subdivision, as appropriate) to appoint a signature verification committee (if one was ordered by the early voting clerk by Friday, October 1, 2021). See entry under Friday, October 1, 2021. (Secs. 51.002, 87.027) The members must be appointed not later than the fifth day after the order was issued by the early voting clerk. The appointing authority must post a notice of the appointment of committee members continuously until the last day the signature verification committee meets. This form may be used for the notice: Notice of Appointment of Signature Verification Committee. Counties: For timeframes for appointment of various election workers for counties, see Tex. Seey of 5taie l) clion Adviory1 T : 2 lJ!] Tuesday, October 12, 2021 (21st day before election day) Last day to post notice of election on bulletin board used for posting notices of meetings of governing body. (Sec. 4.003(b)). A Record of Posting Notice of Election should be completed at the time of posting. (Sec. 4.005) See Note on Notice of Elections. Last day to post notice of election in each election precinct, if the method of giving notice is not specified by a law outside the Election Code and notice is given by this method in lieu of publication (extended deadline). (Sec. 4.003(a)(2)). The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c) and (d)) A Record of Posting Notice of Election should be completed at the time of posting. (Sec. 4.005) All Political Subdivisions: The election notice shall be posted on the political subdivision's website, if the political subdivision maintains a website. The order and notice should include all days and hours for early voting by personal appearance including voting on ANY Saturday or Sunday. (Secs. 85.006 & 85.007)Note for cities and counties, the election notice must be subsequently amended to include voting later ordered for ANY Saturday or Sunday and must be posted on the political subdivision's website, if maintained. Note for Counties - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. This is regardless of whether the county is contracting with the entity and regardless of whether the entity is conducting their own election or contracting with the county. For Bond Elections: First day a political subdivision must post on their Internet website prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)) 32 60 08/10/2021 Item B. The recommended time to include the notice of accepting voters with certain disabilities on a county website is when the notice of election is also posted on the website. (Secs. 63.0013 & 85.007(d)) See Note 15 regarding notice on accepting voters with certain disabilities. Counties, Cities, and School Districts: NEW LAW: SB 1116 (2021) amended Chapter 4 of the Election Code by adding Section 4.009 regarding candidate and polling place information which must be posted on county, city, and school district websites. Last day for a county that holds an election or provides election services for an election to post certain information regarding the upcoming election(s) on the county's website per Section 4.009. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data. The information posted on the website must include: 1) the date of the election; 2) the location of each polling place; 3) each candidate for an elected office on the ballot; and 4) each measure on the ballot. (Sec. 4.009) Wednesday, October 13, 2021 (20th day before election day) First day that the signature verification committee, if one is appointed,may begin operating. (Sec. 87.027) Last day to post notice of places, days, and hours for voting at branch early voting polling place if voting is to begin at that location on the first day of early voting in person. The schedule may be amended after the beginning of early voting by personal appearance to include notice of additional branch locations, but any amendment must be made and posted not later than the fifth day before voting begins at the additional temporary branch. (Secs. 85.062; 85.067(c) and(d)) Deadline for a person who is not permanently registered to vote, to submit a postmarked FPCA, in order to receive a ballot for any non-federal election held on November 2, 2021. A person submitting who is not permanently registered to vote and submits a postmarked FPCA after this date (20th day) and before the deadline to submit an application for ballot by mail, is not entitled to receive a ballot for any non-federal election. See Monday, October 18, 2021 entry for timeliness of an FPCA received without a postmark (extended deadline). (Sec. 101.052(e)) NOTE-NEW LAW: HB 3107 (2021) amended Section 101.052 of the Code regarding FPCAs. Effective September 1, 2021, an FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2)the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052) NOTE-NEW LAW: HB 3107 (2021) amended Section 101.001 of the Code regarding FPCAs. Effective September 1, 2021, a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving 33 61__ 08/10/2021 Item B. on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001) NOTE - Be sure to check the list of registered voters for permanent registration status. Also, state law authorizes an FPCA to also serve as an application for permanent registration; therefore, the person might be petuianently registered based on a prior FPCA. Even if the FPCA arrives too late for a particular election,the early voting clerk will still need to forward the original FPCA to the county voter registrar, after making a copy for your early voting clerk's use (mailing ballots, etc.) and records unless the voter marked"my intent to return is uncertain" (2019 form), or"my return is uncertain" (2017 form) in which case, it will not serve as a permanent registration.. (Sec. 101.055; 1 Tex. Admin. Code Sec. 81.40) NOTE - Overseas (non-military) voters marking the FPCA "my intent to return is uncertain" (2019 form) , or "my return is uncertain" (2017 form)receive a federal ballot only regardless of the date filed. (Chapter 114). In a local(non-federal) election,this means there is no ballot to send the voter. Last day to publish notice of L&A test for DRE voting machines or precinct scanners if test will be held on Friday, October 15, 2021, if testing has was not already completed by Wednesday, September 15, 2021. Notice of the public L&A Test must be published at least 48 hours before the test begins. (Secs. 129.001, 129.023) See Note 14 above. Thursday, October 14, 2021 — Friday, October 22, 2021 (1.9t'' day before election — 11th day before election day) A person submitting an FPCA during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Tuesday,November 2,2021. This means that a person submitting an FPCA during this period is entitled to receive a federal ballot only, if not already a permanent registered voter.(Secs. 101.052(f), 114.002, 114.004)In a local election(where there is no federal office on the ballot), this means there is no ballot to send the voter. The early voting clerk is required to maintain a copy of this application since it may be used for other elections and forward the original to the voter registrar. Also see entry below under Monday, October 18, 2021 (FPCA without a postmark). (Secs. 84.007; 101.052(e), (f)) NOTE - Be sure to check the list of registered voters for permanent registration status. Also, state law authorizes an FPCA to also serve as an application for permanent registration; therefore, the person might be permanently registered based on a prior FPCA. Even if the FPCA arrives too late for a particular election,the early voting clerk will still need to forward the original FPCA to the county voter registrar, after making a copy for your early voting clerk's use (mailing ballots, etc.) and records unless the voter marked"my intent to return is uncertain" (2019 form), or"my return is uncertain" (2017 form) in which case, it will not serve as a permanent registration.. (Sec. 101.055; 1 Tex. Admin. Code Sec. 81.40) NOTE - Overseas (non-military) voters marking the FPCA"my intent to return is uncertain" (2019 form) , or "my return is uncertain" (2017 form) receive a federal 34 62 08/10/2021 Item B. ballot only regardless of the date filed. (Chapter 114). In a local(non-federal) election,this means there is no ballot to send the voter. Friday, October 15, 2021 (18th day before election day) If a defective application to vote early by mail is received on or before this date, the early voting clerk must mail the applicant a new application with explanation of defects and instructions for submitting the new application. For defective applications received after this date and before the end of early voting by personal appearance, the early voting clerk must mail only the Notice of Rejected Application for Ballot by Mail and a statement that the voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline, which is Friday, October 22, 2021. (Secs. 84.007(c), 86.008) Last day to conduct public L&A test of a voting system that uses DRE voting machines or precinct scanners. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. (See Note 14, above). Per Section 129.023, the L&A test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for early voting in person. Monday, October 18, 2021 (15th day before election day) First day to vote early in person. (Sec. 85.001(a)) NOTE - The early voting period for elections held on the November uniform election date in odd- numbered years begins 17 days prior to election day, but because this day falls on a weekend(Saturday, October 16, 2021),it is extended to the next regular business day(Monday)under Section 85.001(c). NOTE - Voting by limited ballot must be done during the early voting period at the main early voting polling place (or by mail). (Sec. 112.002(a)) NOTE - Political Subdivisions Other than Cities and Counties: Early voting in person must be conducted at least eight (8) hours each weekday that is not a legal state holiday unless the political subdivision has fewer than 1,000 registered voters, in which case early voting in person must be conducted at least three (3) hours per day. (Sec. 85.005(b)) NOTE - Cities and Counties: Early voting in person at the main early voting polling place must be conducted on the weekdays of the early voting period and during the hours that the county clerk's or city secretary's main business office is regularly open for business. (Sec. 85.005(a)) However, because cities and counties must have office hours for election-related business at least three (3) hours every business day for this type of election (see Monday, September 13, 2021 entry), we harmonize these requirements with the result that, if a city or county is not regularly open for business on one or more weekdays, on those "closed" days, a city or county must conduct early voting for at least three (3) hours a day at the main early voting location(except for a city's two 12-hour days, when it must be open for the full 12 hours). 35 63 08/10/2021 Item B. NOTE - Cities: Cities must choose two (2) weekdays for the main early voting polling place location to be open for 12 hours during the regular early voting period. City council must choose the two weekdays. (Sec. 85.005(d)) NOTE-Independent School Districts: Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period, you are required to be open during the entire early voting period, except on legal state and national holidays. (Sec. 85.00(b)) NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly, we recommend a unified schedule covering all requirements; i.e., no entity's requirements should be neglected or subtracted as a result of a joint agreement. See Note 8 regarding joint elections generally. NOTE — Temporary Branch Locations: Effective September 1, 2021, the rules for temporary branch locations differ based on the population size of the county. See Note 12 for additional info'illation regarding temporary branch location days and hours. Deadline to receive an FPCA without a postmark. If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot even if the applicant is not a permanently registered voter but meets the requirements under Title 2 of the Election Code(unless the voter marks the FPCA form"my intent to return is uncertain" (2019 form), or "my return is uncertain" (2017 fat in),in which case the voter receives a federal-only ballot). (Sec. 101. 052(i)) Last day to notify election judges of duty to hold election (Writ of Election). Notice must be given by the 15th day before the election or the 7th day after the day the election is ordered,whichever is later. The Writ of Election must be given to each presiding judge and include: 1. The judge's duty to hold the election; 2. The type and date of election; 3. The polling place location at which the judge will serve; 4. The polling place hours; and 5. The maximum number of clerks the judge may appoint. (Sec. 4.007) Tuesday, October 19, 2021 (14tt day before election day) NOTE for Counties and Cities: Deadline to file a petition to require the early voting clerk of a county or city to conduct extended early voting on Saturday, October 23, 2021 (Sec. 85.006(d))Notice of weekend voting must be posted beginning no later than Wednesday, October 20, 2021, and continuing through Friday, October 22, 2021. (Sec. 85.007(c)) Wednesday, October 20, 2021 (13th day before election day) Cities and Counties—Weekend Early Voting Hours - Notice Requirement: Last day to post notice on bulletin board used for posting notice of city council or commissioners court, if early voting will be conducted on Saturday, October 23, 2021. (Sec. 85.007) Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. Notice must also be posted to the political subdivision's website, if one is maintained. See Notice for Early Voting on Saturday and/or Sunday. 36 64 08/10/2021 Item B. NOTE for Counties and Cities: If the county election officer or city secretary on her/his own motion by written order orders early voting on Saturday or Sunday OR if the county election officer or city secretary orders Saturday or Sunday voting after being petitioned to do so by at least 15 registered voters, such voting need not be included in the regular order or notice of the election. (Secs. 85.006(b), (d) and 85.007(b), (c)) NOTE for Counties and Cities: Deadline to file a petition to require the early voting clerk of a county or city to conduct extended early voting on Sunday, October 24, 2021 (Sec. 85.006(d))Notice of weekend voting must be posted beginning no later than Thursday, October 21, 2021, and continuing through Saturday, October 23, 2021. (Sec. 85.007(c)) Thursday, October 21, 2021 (12th day before election day; day before the last day to apply for a ballot by mail) First day a voter who becomes sick or disabled on or after Thursday, October 21, 2021, may submit an application for a late ballot if the sickness or physical condition prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health. (Sec. 102.001). See Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability. Applications may continue to be submitted until 5:00 p.m. on election day. (Sec. 102.003) Cities and Counties—Weekend Early Voting Hours - Notice Requirement: Last day to post notice on bulletin board used for posting notice of city council or commissioners court, if early voting will be conducted on Sunday, October 24, 2021. (Sec. 85.007)Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. Notice must also be posted to the political subdivision's website, if one is maintained. See entry at Wednesday, October 20, 2021 See Notice for Early Voting on Saturday and/or Sunday. First day that counties with a population of 100,000 or more, or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, may convene their early voting ballot board and deliver by mail ballots to begin processing and qualifying mail ballots; however, the mail ballots may not be counted until (i) the polls open on election day, or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241) The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day. (Sec. 87.0222) NOTE: Results may not be released until the polls close on election day. NOTE-The county clerk/elections administrator must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board. Friday, October 22, 2021 (11th day before election day) Last day to receive an FPCA from a registered voter. If the voter is not registered in the county (and/or marked intent to return "not certain"), the voter is still eligible for a ballot containing federal offices 37 65 08/10/2021 Item B. only. In a local (non-federal) election, this means there is no ballot to send the voter. (Secs. 101.052(b), (f); 114.004(c)) Last day for early voting clerk to receive applications for a ballot to be voted by mail. (Sec. 84.007(c)) All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. Applications to vote by mail must be submitted by mail, common or contract carrier, fax (if a fax machine is available in the office of the early voting clerk), or by electronic submission of a scanned application with an original signature. The early voting clerk's designated email address must be posted on the Secretary of State's website. If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The requirement to mail the original application does not apply to an emailed FPCA.For additional information on this law,please see Note 16, above. NOTE-NEW LAW: HB 3107 (2021) amended Section 101.001 of the Code regarding FPCAs. Effective September 1, 2021, a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the alined forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001) An applicant for a ballot to be voted by mail (ABBM or FPCA) may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the close of regular business in the clerk's office on Friday, October 22, 2021. (Sec. 84.008) NOTE-NEW LAW: HB 3107 (2021) amended Section 101.052 of the Code regarding FPCAs. Effective September 1, 2021, an FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2)the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052) NOTE-NEW LAW: Presently, voters may personally hand-deliver their ABBMs to the early voting clerk. HB 3107 (2021) amended Section 84.008 of the Code to provide that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c) of the Code. This means that effective September 1, 2021,voters may now personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 11th day before election day (unless that day is a Saturday, Sunday,or legal state or national holiday,in which case the last day is the first preceding regular business day.) 38 66 08/10/2021 Item B. Note for Counties: Last day for county clerk/elections administrator to deliver final list of voters that have submitted an annual application for ballot by mail to political subdivisions located within the county holding an election on November 2, 2021, for which the county clerk/elections administrator is not the early voting clerk via a joint election agreement or contract for election services. (Sec. 86.0015(c)) Saturday, October 23, 2021 (10th day before election day) Last day of period during which notice of election must be published if method of giving notice is not specified by a law outside the Election Code and publication is the selected method of giving notice. (Sec. 4.003(a)(1)). The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c) and(d)) See Note 9. NOTE - The election notice shall be posted on the political subdivision's website, if the political subdivision maintains a website. Last day to mail a copy of the notice of election to each registered voter of the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving the notice if method of giving notice is not specified by a law outside the Election Code and this method of giving notice is selected. (Secs. 1.006, 4.003(a)(3)) Last day to post notice of the precinct's consolidation and the location of the polling place in the consolidated precinct for each precinct that is combined to form a consolidated precinct under section 42.008. This notice must be posted at the polling place used in the preceding general election and must remain posted continuously through election day. (Sec. 4.003(b)) NOTE- The recommended time to include the notice of accepting voters with certain disabilities on a political subdivision's website is when the notice of election is also posted on the website. (Secs. 63.0013 & 85.007(d)) See Note 15 regarding notice on accepting voters with certain disabilities. Note for Counties with Population of Less than 100,000: Extended Early Voting Hours - Notice Requirement: Deadline for counties with populations of less than 100,000 to post the Notice of Extended Hours for the constitutional amendment election if the early voting clerk received a timely petition for extended early voting hours for Thursday, October 28, 2021. The notice must be posted beginning no later than Saturday, October 23, 2021, and continuing through Wednesday, October 27, 2021. For additional information,see Note 10 regarding extended early voting hours. Sunday, October 24, 2021 (9th day before election day) Note for Counties with Population of Less than 100,000: Extended Early Voting Hours - Notice Requirement: Deadline for counties with populations of less than 100,000 to post the Notice of Extended Hours for the constitutional amendment election if the early voting clerk received a timely petition for extended early voting hours for Friday, October 29, 2021. The notice must be posted beginning no later than Sunday, October 24, 2021, and continuing through Thursday, October 28, 2021. For additional information,see Note 10 regarding extended early voting hours. 39 67 08/10/2021 Item B. Wednesday, October 27, 2021 (4th business day before election day; 6th day before election day) 5:00 p.m. — Deadline to submit a Request for Election Inspectors for election day, Tuesday, November 2, 2021, to the Secretary of State. (Sec. 34.001) Thursday, October 28, 2021 (5th day before election day, day before last day of early voting) Note for Counties: For the constitutional amendment election, early voting must be conducted for at least 12 hours on this day in counties with populations of 100,000 or more. Early voting must be conducted for at least 12 hours on this day in counties with populations under 100,000 if the early voting clerk received a timely petition. For additional information, see Note 10 regarding extended early voting hours. (Secs. 85.005(c), 85.067) A voter is eligible to vote a late ballot if they will be out of the county of residence on election day due to a death in the immediate family (related within 2nd degree of consanguinity or affinity) that occurs on or after this day. The voter may submit the Application for Emergency Early Ballot Due to Death in Family starting Saturday, October 30, 2021 (the day after early voting in person ends). (Secs. 103.001, 103.003(b)) Friday, October 29, 2021 (4th day before election day) Last day to vote early by personal appearance. (Sec. 85.001(a)) Note for Counties: For the constitutional amendment election, early voting must be conducted for 12 hours on this day in counties with populations of 100,000 or more. Early voting must be conducted for 12 hours on this day in counties with populations under 100,000 if the early voting clerk received a timely petition. For additional information, see Note 10 regarding extended early voting hours. (Secs. 85.005(c), 85.067) Early voting clerk must post Notice of Delivery of Early Voting Balloting Materials to the early voting ballot board if materials are to be delivered to the board on Saturday, October 30, 2021. Notice must be posted continuously for 24 hours preceding each delivery to the board. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241) NOTE - The Notice of Delivery of Early Voting Balloting Materials serves as notice of the convening of the early voting ballot board. Your entity should also post notice every time the early voting ballot board reconvenes. Last day to publish notice of public test of automatic tabulating equipment, if test will be held on Sunday, October 31, 2021, and testing was not already completed. The public notice of the test of automatic tabulating equipment must be published at least 48 hours before the test begins. (Sec. 127.096) Saturday, October 30, 2021 (3rd day before election day; day after early voting in person ends) First day that counties with a population of 100,000 or more(or local subdivisions conducting a joint election with such a county or conducting an election through a contract for election services with such a county) 40 68 08/10/2021 Item B. may convene their early voting ballot board and begin counting ballots; however, the results may not be announced until after the polls close. (Secs. 87.0222, 87.0241) NOTE - If a county with a population of 100,000 or more (or a local subdivision conducting a joint election with such a county or conducting an election through a contract for election services with such a county) is convening their early voting ballot board early to begin counting ballots, the test of the tabulation equipment will need to be completed at least 48 hours before the equipment is used to count ballots. (Secs. 87.0222, 87.0241, 127.096) First day that all other counties and political subdivisions may convene their early voting ballot board for processing and qualifying mail ballots, but cannot begin counting the ballots until the polls open on election day. The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day. (Secs. 87.0221, 87.023, 87.024, 87.0241). See Notice of Delivery of Early Voting Balloting Materials NOTE - The county elections officer must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board. First day to submit an Application for Emergency Early Ballot Due to Death in Family to vote a late ballot because of a death in the immediate family that occurred on or after Thursday, October 28, 2021, and will require absence from the county on election day. (Secs. 103.001, 103.003(b)) Sunday, October 31, 2021 (2nd day before election day) Last day to conduct public test of automatic tabulation equipment. Per Section 127.093, the test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in an election and was not previously tested. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. See Note 14,above. NOTE - If a county with a population of 100,000 or more (or a local subdivision conducting a joint election with such a county or conducting an election through a contract for election services with such a county) is convening their early voting ballot board early to begin counting ballots, and will be using automatic tabulating equipment, the test will need to be completed at least 48 hours before the equipment is used to count ballots. (Secs. 87.0222, 87.0241, 127.096) NOVEMBER Monday, November 1, 2021 (day before election day) Last day to submit an Application for Emergency Early Ballot Due to Death in Family. The application must be submitted by the close of business on this day. (Sec. 103.003(b)) Last day for early voting clerk to mark the precinct list of registered voters with a notation beside each name of voter who voted early, and deliver list to election judges. The early voting clerk must also deliver the precinct early voting list. (Sec. 87.122) 41 69 08/10/2021 Item B. Delivery of Provisional Ballots and Forms: If the voter registrar wants to take possession of the provisional ballots and forms on election night, the voter registrar must infoi in the custodian of the election records and post a Notice of Election Night Transfer no later than Monday, November 1, 2021, 24 hours before election day. (1 Tex. Admin. Code. Secs. 81.174(d)(3)). However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms. NOTE -The general custodian of election records (or the early voting clerk, if applicable)must post a Notice of Delivery of Provisional Ballots at least 24 hours before delivery will occur. (1 T.A.C. 81.174(b)(1)) Tuesday, November 2, 2021 - (Election Day) 7:00 a.m.—7:00 p.m. - Polls open. (Sec. 41.031). Voter registrar's office is open. (Sec. 12.004(c)) Early voting clerk's office is open for early voting activities. (Sec. 83.011). A voter may deliver a marked ballot by mail to the early voting clerk's office while the polls are open on election day. The voter must provide an acceptable form of identification under Section 63.0101 upon delivery. The identification procedure is the same as that used for personal appearance voting. (Secs. 63.0101; 86.006) Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used at regular polling place(s) on election day and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury. (Secs. 104.001, 104.003). However, if the early voting ballots by mail are processed at a location other than the main early voting polling place,the early voting clerk may require the voting to be conducted at that location. (Sec. 104.003) 5:00 p.m. - Deadline for receiving Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability for late ballots to be voted by persons who became sick or disabled on or after Thursday, October 21, 2021. (Sec. 102.003(b)) 7:00 p.m. - Regular deadline for receiving early voting ballots by mail. BUT see entry for Wednesday, November 3, 2021, on "late domestic ballots," and entry for Monday,November 8, 2021, on other "late" ballots. This is also the deadline to receive late ballots cast by voters who became sick or disabled on or after Thursday, October 21, 2021. (Secs. 86.007(a), 102.006(c)) 42 70 08/10/2021 Item B. NOTE - Receipt of Mail Ballots: All early voting ballots sent by mail from inside the United States that are received by 7:00 p.m. on election day,November 2, 2021, must be counted on election night. If the carrier envelope does not bear a cancellation mark or a receipt mark, the ballot must arrive before the time the polls are required to close on election day. (Sec. 86.007(a)(1). If the early voting clerk cannot determine whether a ballot arrived before the deadline, the ballot is considered to have arrived at the time the place at which the carrier envelopes are deposited was last inspected for removal of returned ballots. (Sec. 86.007(b)). The early voting clerk must check the mailbox for early voting mail ballots at least once after the time for regular mail delivery. (Sec. 86.007(b)) NOTE - An early voting mail ballot that is not received by 7:00 p.m. on election day may not be counted unless the ballot may be counted late, which applies to ballots mailed from outside the United States(Sec. 86.007(d)),late domestic ballots (Sec. 86.007(a)(2)), and ballots from members of the armed forces and merchant marine of the United States, Texas National Guard or the National Guard of another state or members of the Reserves, as well as their spouses and dependents (Sec. 101.057). See entry for Wednesday, November 3, 2021, and entry for Monday, November 8, 2021. See Tex. Sec'y of State Election Advisory No. 2018-02. NOTE-Delivery of Early Voting by Personal Appearance and Mail Ballots: The early voting clerk delivers the voted ballots, the key to the double-locked ballot box, etc., to the early voting ballot board at the time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Secs. 87.021, 87.022) The custodian of the key to the second lock of the double-locked early voting ballot box delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge. (Secs. 85.032(d) and 87.025) The custodian is the sheriff for county elections; the chief of police or city marshal for city elections; and the constable of the justice precinct in which the political subdivision's main office is located (or the sheriff, if there is no constable), for other political subdivision elections. (Sec. 66.060) If ballots are to be delivered before election day,the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place. Note on Delivery of Early Voting Ballots to Early Voting Ballot Board Before Election Day-Early voting ballots may be delivered to the early voting ballot board at any time after early voting by personal appearance ends. Mail ballots may be qualified and processed (signatures verified, carrier envelopes opened, and the secrecy envelope containing the ballot placed in a secure location),but they may not be counted until election day. (Secs. 87.0221; 87.0222; 87.023; 87.024; 87.0241) If ballots are to be delivered before election day, the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place. Exception: Counties with a population of 100,000 or more, or entities that are having joint elections with counties with a population of 100,000 or more or who are conducting an election through a contract for election services with such a county, may process the mail ballots (i.e., qualify, and accept or reject, but not count) as early as the 8th day before the end of the early voting period; in such an election,votes may be counted no earlier than the end of the period for early voting by personal appearance;the results may not be released until the polls close on election day. (Secs. 87.0221; 87.0222; 87.023; 87.024; 87.0241(b); 87.042). If ballots are to be delivered before Election Day, the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.0221(b); 87.023(b); 87.024(b)) 43 71 08/10/2021 Item B. NOTE - Manual Examination of Ballots Before Processing on Automatic Counting Equipment: The central counting station manager shall direct the manual examination of all electronic voting system ballots to ascertain whether the ballots can be processed in the usual manner or if the ballots need to be duplicated to clearly reflect the voter's intent. (Sec. 127.125) NOTE - Testing of Tabulating Equipment: The second test of automatic tabulating equipment used for counting ballots at a central counting station must be conducted immediately before the counting of ballots with equipment begins. The third test must be conducted immediately after the counting is completed. (Secs. 127.093, 127.097, 127.098) Transfer of Provisional Ballots to Voter Registrar Election Night: The county voter registrar may take possession of the ballot box(es)or transfer case(s)containing the provisional ballots(or provisional ballot affidavits when DRE systems are used) on election night(instead of on the next business day)by informing the custodian of election records and posting a notice of such election night transfer no later than 24 hours before election day. Under this type of delivery, the voter registrar must go to the office of the custodian and pick up the ballot box(es) or transfer case(s) and associated forms. (Sec. 65.052; 1 T.A.C.§§ 81.172—81.174 & 81.176). See Form AW8-19. After the polling place is officially closed and the last person has voted, the presiding judge may from time to time make an unofficial announcement of the total number of votes counted for each candidate and/or for or against each proposition in the order that they appear on the ballot. (Sec. 65.015(a)) The announcement shall be made at the entrance to the polling place. (Sec. 65.015(c)) NOTE - The authority conducting the election may require or prohibit such announcements. (Sec. 65.015(b)) Unofficial election results must be released by the central counting station as soon as they are available after the polls close, but the presiding judge of the central counting station, in cooperation with the county election officer, may choose to withhold the release of vote totals until the last voter has voted. (Sec. 127.1311) NOTE - Precinct Election Returns: Precinct election returns are delivered to the appropriate authorities after completion. (Secs. 66.053(a); 127.065; 127.066; 127.067) Last day to post notice of governing authority's meeting to canvass returns of election if canvass is to take place on Friday, November 5, 2021 (3rd day after election). (Sec. 67.003(b)). This notice must be posted at least 72 hours before the scheduled time of the meeting. (Secs. 551.002, 551.041, 551.043, Texas Government Code) NOTE - Section 67.003 provides that, except as provided by Subsection 67.003(c), each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the 11th day after election day and not earlier than the later of: 1) the third day after election day; 2) the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or 44 72 08/10/2021 Item B. 3) the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Counties,Cities,and School Districts: NEW LAW: SB 1116 (2021) amended Chapter 65 of the Election Code by adding Section 65.016 of the Code regarding election results information which must be posted on county, city, and school district websites. A county that holds an election or provides election services for an election for a public entity must post certain information regarding election results on their website after the election. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting. All entities must post the required information as soon as practicable after the election. The required information includes: 1) the results of each election; 2) the total number of votes cast; 3) the total number of votes cast for each candidate or for or against each measure; 4) the total number of votes cast by personal appearance on election day; 5) the total number of votes cast by personal appearance or mail during the early voting period; and 6) the total number of counted and uncounted provisional ballots cast. (Sec. 65.016) Wednesday, November 3, 2021 (1st business day after election day) 5:00 p.m.—Deadline to receive"late domestic ballots"mailed within the United States from non-military voters and from any military voters who submitted an Application for Ballot by Mail ("ABBM") (not a Federal Post Card Application — "FPCA"), if the carrier envelope was placed for delivery by mail or common or contract carrier AND bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier indicating a time not later than 7:00 p.m. at the location of the election on election day, November 2, 2021. (Secs. 86.007, 101.057 and 101.001) A late domestic ballot cannot be counted if it does not bear a cancellation mark or a receipt mark. NOTE -Because of the deadline to receive "late domestic ballots"it is imperative that you check your mail at 5:00 p.m. NOTE - Section 86.007 provides that a marked ballot voted by mail that a voter received due to submitting an ABBM may arrive at the address on the carrier envelope not later than 5:00 p.m. on the day after election day, if the carrier envelope was placed for delivery by mail or common or contract carrier from within the United States and bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier from not later than 7:00 p.m.at the location of the election on election day. NOTE - This deadline does not apply to ballots sent by non-military voters who are overseas but applied for a ballot using an ABBM; these voters have until the 5th day after election day to return their ballots (or the next business day if the 5th day falls on a weekend or legal state or federal holiday). This deadline also does not apply to ballots mailed(domestically or from overseas) by certain members of the military who applied for a ballot using an FPCA, as well as members of the Texas National Guard or the National Guard of another state, or members of the Reserves, as well as their spouses and 45 73 08/10/2021 Item B. dependents; those voters have until the 6th day after election day to return their ballots. See entry for Monday, November 8, 2021 Unless the county voter registrar has already taken possession of the provisional ballots prior to this date, the general custodian of election records must deliver the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the voter registrar by this day. The general custodian of election records makes this delivery to the voter registrar during the voter registrar office's regular business hours. (Secs. 65.052, 65.053; 1 T.A.C. §§ 81.172— 81.174 & 81.176) NOTE for Political Subdivisions Located in More than One County: A political subdivision will have to make delivery of the provisional ballots and forms to the county voter registrar in each county in which the political subdivision is located. (1 Tex. Admin. Code Secs. 81.172— 81.174) NOTE -If the county voter registrar wants to take possession of the provisional ballots and forms on election night(Tuesday,November 2,2021),the county voter registrar must inform the custodian of the election records and post a notice of the transfer no later than 24 hours before election day. However, under this type of delivery,the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms. Also, note that the county voter registrar may take possession of provisional ballots prior to election night if ballots are kept separate and may be provided without unlawful entry into ballot box. (1 Tex. Admin. Code Secs. 81.172— 81.174) Friday, November 5, 2021 (3rd day after election day) Last day to begin the partial manual count for districts using electronic voting systems. This is the last day to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater, unless the requirement has been waived or unless the voting system uses DRE voting machines. (Sec. 127.201(a), (g)). The count must be completed not later than the 21st day after election day. Results of the manual count must be delivered to the Secretary of State not later than the 3rd day after the manual count is completed. (Sec. 127.201(e)) No partial manual count needs to be done of ballots cast on DRE voting machines. (Sec. 127.201(g)) For additional infoiuiation on the partial manual count,please see Tex. Sec'y of State Election Advisory No. 2018-30. NOTE -For information on how to begin the partial manual count, please see the advisory issued by the Secretary of State's office. The first possible day to conduct the official local canvass of returns by the governing authority of the political subdivision. However, the canvass may not be conducted until the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election, AND counted all timely received mailed domestic ballots cast from addresses within the United States, and all timely received mailed ballots cast from addresses outside the United States. (Secs. 67.003 and 86.007). Notice of canvass must be posted at least 72 hours continuously before the canvass is conducted. See Note for Tuesday,November 2, 2021. 46 74 08/10/2021 Item B. NOTE - If a recount petition has been filed and a winning candidate's race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331) Cities, Schools, and Other Political Subdivisions: First day that newly-elected local officers may qualify and assume the duties of their offices. Please note that the canvass must have been completed before an officer can assume office. (Sec. 67.016). If a political subdivision was able to cancel its election,this is the first day its elected officials can take the oath of office and be issued a certificate of election. (Secs.2.053(e), 67.003, 67.016) For information on who can administer an oath please see Chapter 602 of the Government Code. NOTE -This does not apply to officers of a Type A general law city. See entry at Monday,November 8, 2021. NOTE: Officially-canvassed returns for the state constitutional amendment election must be delivered by the county election officer to the Secretary of State within 24 hours of the canvass. (Sec. 67.007(d)) Monday, November 8, 2021 (first business day after 5th day after election day; 6th day after election day) First day that newly-elected officers of Type A general law city may qualify and assume duties of office. (Sec. 22.006, Local Government Code),but see NOTE, below. NOTE- Council members may take office anytime following the canvass. Section 22.006 of the Texas Local Government Code states that a newly-elected municipal officer of a Type A city may exercise the duties of office beginning the fifth day after the date of the election, excluding Sundays. However, no newly elected official may qualify for office before the official canvass of the election has been conducted(or would have been conducted, in the event of a cancelled election). Section 22.036 of the Texas Local Government Code further requires that the newly-elected governing body of the municipality "meet at the usual meeting place and shall be installed." NOTE-If a recount petition has been filed and a winning candidate's race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331) NOTE - If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election,the office is considered vacant. (Sec. 22.007, Local Government Code)See entry for December 2, 2021. Last day to receive ballots from non-military and any military voters casting ballots from outside of the United States, who submitted an ABBM (not an FPCA) AND who placed their ballots in delivery by 7:00 p.m. on election day, Tuesday,November 2, 2021, as evidenced by a postal service cancellation mark or a receipt mark of a common or contract carrier or a courier (Secs. 86.007, 101.057 and 101.001) A late overseas ballot sent by a voter who applied for a ballot using an ABBM(not an FPCA) cannot be counted if it does not bear a cancellation mark or a receipt mark. The deadline is extended to the next regular 47 75 08/10/2021 Item B. business day which is Monday,November 8, 2021, due to the 5th day falling on a Sunday. (Sec. 86.007(d- 1)) NOTE - Section 86.007 provides that a marked ballot voted by mail from outside of the United States by a voter who received the ballot due to submitting an ABBM is considered timely if it is received at the address on the carrier envelope not later than the fifth day after the date of the election. Further, the delivery is considered timely if the carrier envelope or, if applicable, the envelope containing the carrier envelope is properly addressed with postage or handling charges prepaid and bears a cancellation mark of a recognized postal service or a receipt mark of a common or contract carrier or a courier indicating a time by 7:00 p.m. on election day. Last day to receive ballots from non-military voters casting ballots from overseas,who submitted a FPCA, AND who placed their ballots in delivery by 7:00 p.m. on election day, Tuesday,November 2, 2021. (Sec. 86.007(d) and (e)) The deadline is extended to the next regular business day which is Monday, November 8, 2021, due to the 5th day falling on a Sunday. (Sec. 86.007(d-1)) Last day to receive carrier envelopes mailed domestically (within the United States) OR overseas from voters who submitted a FPCA AND who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves,or the spouse or a dependent of a member of the Reserves. (Secs. 101.057 and 101.001) NOTE - Section 101.057 provides that carrier envelopes mailed domestically or overseas from certain military voters (members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine,members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves,or the spouse or a dependent of a member of the Reserves)who submitted a Federal Post Card Application (FPCA) may arrive on or before the 6th day after election day. (Secs. 86.007, 101.057 and 101.001) NOTE - The carrier envelope or, if applicable, the envelope containing the carrier envelope sent by the members listed above who applied to vote by mail using the FPCA does NOT need to bear a cancellation or receipt mark in order to be counted. Deadline for provisional voter to (1)present acceptable photo identification to county voter registrar; or(2) if the voter does not possess and cannot reasonably obtain acceptable photo identification, follow the Reasonable Impediment Declaration procedure at the county voter registrar; or (3) execute an affidavit relative to "natural disaster" or"religious objection" in presence of county voter registrar, if applicable; or (4) qualify for the disability exemption, if applicable, with the county voter registrar. (Secs. 65.054; 65.0541) 48 76 08/10/2021 Item B. Deadline for voter registrar to complete the review of provisional ballots. (1 Tex. Admin. Code Sec. 81.175(a)(1)) NOTE-NEW LAW: HB 3107 (2021) amended Section 65.052 of the Code to provide that, for the general election for state and county officers, the voter registrar will now have 10 days to review a provisional voter's eligibility. Please note this extended deadline does not apply to the constitutional amendment election. (Sec. 65.052) Friday, November 12, 2021 (10th day after election day) (Next business day after Veterans Day) Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar. Because the last day falls on Thursday,November 11, 2021 (Veterans Day), the deadline is extended to Friday, November 12, 2021. (Secs. 1.006, 65.051(a)) (1 Tex. Admin. Code Sec. 81.175(d)(3)) Last day for early voting ballot board to convene to qualify and count the following ballots addressed below. Because the last day falls on Thursday,November 11,2021 (Veterans Day),the deadline is extended to Friday,November 12, 2021. (Sec. 87.125(c)) 1. any late domestic ballots (from non-military and from any military voters who submitted an ABBM)) that bear a cancellation mark or receipt mark indicating they were placed for delivery by mail or common or contract carrier not later than 7:00 p.m. on election day,November 2, 2021, and were received not later than 5:00 p.m. on the first business day after election day, on Wednesday, November 3, 2021. (Secs. 86.007(a); 87.125(a)) 2. any late ballots that were submitted from outside the United States by voters who applied for the ballot using an ABBM or by non-military voters who applied for the ballot using an FPCA, and which were received by the 5th day after election day, Monday,November 8, 2021. The deadline is extended to the next regular business day which is Monday, November 8, 2021, due to the 5th day falling on a Sunday. (Secs. 87.125(a)); 86.007(d)) 3. any ballots received by the 6th day after election day,Monday,November 8,2021, from voters who are members of the aimed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine,members of the Texas National Guard,or the spouse or a dependent of a member of the Texas National Guard,a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves, and who applied for a ballot using an FPCA. (Secs. 101.057; 87.125(a)) 4. any provisional ballots that have been reviewed by the voter registrar. (Secs. 65.051(a)) NOTE - Ballots that do not qualify under 1-3 above should be treated as ballots not timely returned and should not be delivered to the ballot board. NOTE - If the early voting ballot board needs to meet after this date, it will require a court order to do so. 49 77 08/10/2021 Item B. The time the board reconvenes is set by the presiding judge of the early voting ballot board. (Secs. 86.007(d); 87.125) NOTE-NEW LAW: HB 3107 (2021) amended Chapter 65 of the Election Code by adding Section 65.0581 to provide that provisional voting records do not become public information until after the provisional ballots and other voting records have been delivered back to the custodian of election records. (Sec. 65.0581) Last day for the presiding judge of the early voting ballot board to mail Notice of Rejected Ballot to voters whose mail ballots were rejected. (Sec. 87.0431) Monday, November 15, 2021 (13th day after election day; 10th day after first possible canvass date) Last day for official canvass of returns by governing authority of political subdivision. Because the last day falls on a Saturday, November 13, 2021, the deadline is extended to Monday, November 15, 2021. (Secs. 1.006, 67.003) NOTE -If a recount petition has been filed and a winning candidate's race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331) NOTE - Officially-canvassed returns for the state constitutional amendment election must be delivered by the county election officer to the Secretary of State within 24 hours of the canvass. (Sec. 67.007(d)) Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter to provisional voters if the local canvass was held on Friday, November 5, 2021, the first day of the canvass period. Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass (Sec. 65.059; 1 Tex. Admin. Code Sec. 81.176(e)) Wednesday, November 17, 2021 (15th day after election day) First day that the Governor may conduct the state canvass of the state constitutional amendment election. (Sec. 67.012) Tuesday, November 23, 2021 (21st day after election day) Last day to complete the partial manual count. (Sec. 127.201(a)) Monday,November 29, 2021 (27th day after election day; 14th day after last canvass deadline) Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter to provisional voters if the local canvass was held on Monday, November 15, 2021, the last day of the canvass period. (Sec. 65.059; 1 Tex. Admin. Code Sec. 81.176(e)). Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass.* 50 78 08/10/2021 Item B. *The deadline referenced above is extended to the next regular business day which is Monday, November 29,2021,due to the deadline falling on Thursday,November 25,2021,(Thanksgiving Day) and the day after Thanksgiving Day, Friday,November 26,2021,which falls on a state holiday. (Sec. 1.006) December Thursday, December 2, 2021 (30th day after election day) If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election, the office is considered vacant. (Sec. 22.007, Local Government Code) Last day for governor to conduct the state canvass for the state constitutional amendment election. (Sec. 67.012) Last day to file electronic precinct-by-precinct returns with the Secretary of State. (Sec. 67.017) NOTE - Local political subdivisions no longer have to submit this information to the Secretary of State. Last day for the general custodian of election records to electronically submit to the Secretary of State the record of each voter participating in the election. (Sec. 18.069) NOTE-NEW LAW: HB 3107 (2021) amended Section 18.069 of the Code by changing who is responsible for submitting voter history to the Secretary of State from the voter registrar to the general custodian of election records (early voting clerk). (Sec. 18.069) Sunday, December 12, 2021 (40th day after election day) Last day of the period for mandatory office hours.See entry for Monday, September 13,2021. (Sec. 31.122) January Sunday, January 2, 2022 (61st day after election day) First day that ballot box(es) may be unlocked and its voted ballots may be transferred to another secure container for the remainder of the preservation period. (Sec. 66.058(b)) 2022 and 2023 Sunday, September 3, 2023 (day after 22 months after November 2, 2021 election day) 51 79 08/10/2021 Item B. Contents of ballot box(es)may be destroyed IF no contest or criminal investigation has arisen(Secs. 1.013, 66.058), and IF no open records request has been filed(Tex. Att'y Gen. ORD-505 (1988)). ALL election records must be preserved for 22 months from election day, even when there is no federal office on the ballot. (Sec. 66.058) Notable Exceptions: Permanent Records: Election results must be permanently maintained in the election register. (Sec. 67.006) Electronic Voting Systems: See advisories on our website for preservation procedures for electronic voting systems. See Election Advisory No. 2019-23. Friday, November 3, 2023 (day after two Years after November 2, 2021 election day) NOTE-Retention of Voter Registration List: County voter registrar must maintain copy of each voter list prepared for each countywide election for 2 years(24 months) after election day. (Sec. 18.011) NOTE - Retention of Candidate Applications: Candidate applications must be retained by the governing body for two years after date of election. (Sec. 141.036) 52 80 08/10/2021 Item C. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon,Resolution No. 2021-21(R), of the City Council of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2021 Rate Review Mechanism filing; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this Resolution to the Company and the ACSC's legal counsel. Recommendation Motion to approve Item as presented. Discussion The City,along with 171 other Mid-Texas cities served by Atmos Energy Corporation,Mid-Tex Division("Atmos Mid-Tex" or"Company"),is a member of the Atmos Cities Steering Committee("ACSC"). In 2007,ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing(arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism ("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018.On or about April 1,2021,the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31,2020, entitled it to additional system-wide revenues of$43.4 million. Application of the standards set forth in ACSC's RRM Tariff reduces the Company's request to $40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC's consultants concluded that the system-wide deficiency under the RRM regime should be $22.34 million instead of the claimed $40.5 million. The amount of the $22.34 million deficiency applicable to ACSC members would be $16.8 million. After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of$22.78 million from ACSC Cities,but with a two-month delay in the Effective Date until December 1, 2021. This should save ACSC cities approximately$3.8 million. The Executive Committee recommends a settlement at$22.78 million.The Effective Date for new rates is December 1,2021. ACSC members should take action approving the Resolution before October 1, 2021. 81 08/10/2021 Item C. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Resolution will generate$22.78 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of$1.28 on a monthly basis, or 2.2 percent. The increase for average commercial usage will be $4.03 or 1.61 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast,the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally,the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on December 1,2021,ACSC residents will maintain an economic monthly advantage over GRIP and DARR rates. See Attachment 3. EXPLANATION OF"BE IT RESOLVED"PARAGRAPHS: 1. This section approves all findings in the Resolution. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional$22.78 million from ACSC Cities. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6.This section approves an exhibit to be used in future rate cases or RRJVI filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 7.This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate tariffs. 8. This section repeals any resolution or ordinance that is inconsistent with the Resolution. 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 10. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 11.This section provides for an effective date upon passage. December 1,2021 represents a two-month delay in the Effective Date established by the RRM tariff. 12. This section directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments.The RRM process has proven to result in a more efficient and less costly(both from a consumer rate impact perspective and from 82 08/10/2021 Item C. a ratemaking perspective)than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover$43.4 million in additional system-wide revenues,the RRM settlement at$22.78 million for ACSC Cities reflects substantial savings to ACSC Cities. Settlement at$22.78 million(plus$3.8 of additional savings due to the two-month delay) is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before October 1, 2021. New rates become effective December 1, 2021. Financial Summary/Strategic Goals Financial Health 83 08/10/2021 Item C. Attachment 1 to Model Staff Report 2021 RRM Proof of Revenues 84_ 08/10/2021 Item C. ATMOS ENERGY CORP.,MID-TEX DIVISION RRM CITIES RATE REVIEW MECHANISM PROOF OF REVENUES-RRM CITIES TEST YEAR ENDING DECEMBER 31,2020 Current Proposed Line No. Customer Class Current Proposed Bills Ccf/MmBtu Revenues Revenues Increase (a) (b) (c) (d) (e) (f) (g) (h) 1 Residential 2 Customer Charge $ 20.25 $ 20.85 13,861,632 $ 280,698,048 $ 289,015,027 $ 8,316,979 3 Consumption Charge 0.26651 0.27979 627,298,034 167,181,199 175,511,717 $ 8,330,518 4 Revenue Related Taxes 30,398,805 31,528,717 5 Total Class Revenue $ 478,278,052 $ 496,055,461 $ 17,777,409 6 7 Commercial 8 Customer Charge $ 54.50 $ 56.50 1,094,352 $ 59,642,184 $ 61,830,888 $ 2,188,704 9 Consumption Charge 0.11728 0.12263 363,850,875 42,672,431 44,619,033 $ 1,946,602 10 Revenue Related Taxes 6,944,376 7,225,051 11 Total Class Revenue $ 109,258,991 $ 113,674,972 $ 4,415,981 12 13 Industrial&Transportation 14 Customer Charge $ 1,014.50 $ 1,054.75 7,056 $ 7,158,312 $ 7,442,316 $ 284,004 15 Consumption Charge Tier 1 $ 0.4157 $ 0.4330 7,479,741 3,109,328 3,238,728 $ 129,400 16 Consumption Charge Tier 2 $ 0.3044 $ 0.3171 8,282,846 2,521,298 2,626,490 $ 105,192 17 Consumption Charge Tier 3 $ 0.0653 $ 0.0680 13,018,926 850,136 885,287 $ 35,151 18 Revenue Related Taxes 925,722 963,306 19 Total Class Revenue $ 14,564,796 $ 15,156,127 $ 591,331 20 21 Total Excluding Other Revenue $ 602,101,840 $ 624,886,561 $ 22,784,721 $21,336,550 22 23 24 Revenue Related Tax Factor 6.7873% 85 08/10/2021 Item C. Attachment 2 to 2021 RRM Staff Report Bill Impact 86 08/10/2021 Item C. ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON -BASE RATES TEST YEAR ENDING DECEMBER 31,2020 Line No. 1 Rate R A 45.2 Ccf Current Proposed Change 2 Customer charge $ 20.25 3 Consumption charge 45.2 CCF X $ 0.26651 = 12.05 4 Rider GCR Part A 45.2 CCF X $ 0.16000 = 7.23 5 Rider GCR Part B 45.2 CCF X $ 0.33320 = 15.06 6 Subtotal $ 54.59 7 Rider FF&Rider TAX $ 54.59 X 0.06787 = 3.71 8 Total $ 58.30 9 10 Customer charge $ 20.85 11 Consumption charge 45.2 CCF X $ 0.27979 = 12.65 12 Rider GCR Part A 45.2 CCF X $ 0.16000 = 7.23 13 Rider GCR Part B 45.2 CCF X $ 0.33320 = 15.06 14 Subtotal $ 55.79 15 Rider FF&Rider TAX $ 55.79 X 0.06787 = 3.79 16 Total $ 59.58 $ 1.28 17 2.20% 18 19 Rate C(a,332.5 Ccf Current Proposed Change 20 Customer charge $ 54.50 21 Consumption charge 332.5 CCF X $ 0.11728 = 38.99 22 Rider GCR Part A 332.5 CCF X $ 0.16000 = 53.20 23 Rider GCR Part B 332.5 CCF X $ 0.26321 = 87.51 24 Subtotal $ 234.20 25 Rider FF&Rider TAX $ 234.20 X 0.06787 = 15.90 26 Total $ 250.10 27 28 Customer charge $ 56.50 29 Consumption charge 332.5 CCF X $ 0.12263 = 40.77 30 Rider GCR Part A 332.5 CCF X $ 0.16000 = 53.20 31 Rider GCR Part B 332.5 CCF X $ 0.26321 = 87.51 32 Subtotal $ 237.98 33 Rider FF&Rider TAX $ 237.98 X 0.06787 = 16.15 34 Total $ 254.13 $ 4.03 35 1.61% 87 08/10/2021 Item C. 36 Rate I 4079 MMBTU Current Proposed Change 37 Customer charge $ 1,014.50 38 Consumption charge 1,500 MMBTU X $ 0.4157 = 623.55 39 Consumption charge 2,579 MMBTU X $ 0.3044 = 785.05 40 Consumption charge 0 MMBTU X $ 0.0653 = - 41 Rider GCR Part A 4,079 MMBTU X $ 1.5625 = 6,373.46 42 Rider GCR Part B 4,079 MMBTU X $ 0.5380 = 2,194.58 43 Subtotal $ 10,991.14 44 Rider FF&Rider TAX $ 10,991.14 X 0.06787 = 746.00 45 Total $ 11,737.14 46 47 Customer charge $ 1,054.75 48 Consumption charge 1,500 MMBTU X $ 0.4330 = 649.50 49 Consumption charge 2,579 MMBTU X $ 0.3171 = 817.80 50 Consumption charge 0 MMBTU X $ 0.0680 = - 51 Rider GCR Part A 4,079 MMBTU X $ 1.5625 = 6,373.46 52 Rider GCR Part B 4,079 MMBTU X $ 0.5380 = 2,194.58 53 Subtotal $ 11,090.09 54 Rider FF&Rider TAX $ 11,090.09 X 0.06787 = 752.72 55 Total $ 11,842.81 $ 105.67 56 0.90% 57 Rate T(cr?4079 MMBTU Current Proposed Change 58 Customer charge $ 1,014.50 59 Consumption charge 1,500 MMBTU X $ 0.4157 = 623.55 60 Consumption charge 2,579 MMBTU X $ 0.3044 = 785.05 61 Consumption charge 0 MMBTU X $ 0.0653 = - 62 Rider GCR Part B 4,079 MMBTU X $ 0.5380 = 2,194.58 63 Subtotal $ 4,617.68 64 Rider FF&Rider TAX $ 4,617.68 X 0.06787 = 313.41 65 Total $ 4,931.09 66 67 Customer charge $ 1,054.75 68 Consumption charge 1,500 MMBTU X $ 0.4330 = 649.50 69 Consumption charge 2,579 MMBTU X $ 0.3171 = 817.80 70 Consumption charge 0 MMBTU X $ 0.0680 = - 71 Rider GCR Part B 4,079 MMBTU X $ 0.5380 = 2,194.58 72 Subtotal $ 4,716.63 73 Rider FF&Rider TAX $ 4,716.63 X 0.06787 = 320.13 74 Total $ 5,036.76 $ 105.67 75 2.14% 88 08/10/2021 Item C. Attachment 3 to 2021 RRM Staff Report RRM Monthly Savings Over GRIP and DARR Rates 89 08/10/2021 Item C. ATMOS ENERGY CORP.,MID-TEX DIVISION RESIDENTIAL AVERAGE BILL COMPARISON (EXCLUDING GAS COSTS) ACSC DARR ATM ENVIRONS Settled Settled Filing Filing Customer Charge $20.85 $23.80 $27.68 $25.90 Monthly Ccf[1] 45.2 52.7 45.2 45.2 Consumption Charge $0.27979 $0.19526 $0.14846 $0.18653 Average Monthly Bill $33.50 $34.09 $34.39 $34.33 -$0.60 -$0.89 -$0.83 [1] Recognizes that average normal usage for Dallas residential customers is greater than Mid-Tex average. 90 08/10/2021 Item C. RESOLUTION NO.2021-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2021 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly-situated cities served by Atmos Mid-Tex("ACSC Cities")that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism("RRM")tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2021,Atmos Mid-Tex filed its 2021 RRM rate request with ACSC Cities based on a test year ending December 31,2020; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2021 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of$22.78 million applicable to ACSC Cities with an Effective Date of December 1,2021; and WHEREAS,ACSC agrees that Atmos' plant-in-service is reasonable; and Resolution No.2021-21 Atmos Mid-Tex RRM Settlement 2557/33/8275501 91 08/10/2021 Item C. WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS,the two-month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately$3.8 million off new rates imposed by the attached tariffs(Exhibit A); and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid-Tex(Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $22.78 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex's 2021 RRM filing,is in the public interest,and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A,are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional$22.78 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid- Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers,the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2021 RRM filing. Resolution No. 2021-21 Atmos Mid-Tex RRM Settlement 2557/33/8275501 92 08/10/2021 Item C. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2021. Section 12. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle &Townsend,P.C., 816 Congress Avenue, Suite 1900,Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,BY A VOTE OF TO ,ON THIS THE 10TH DAY OF AUGUST,2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2021-21 Atmos Mid-Tex RRM Settlement 2557/33/8275501 93 08/10/2021 Item C. Exhibit A to 2021 RRM Resolution or Ordinance Mid-Tex Tariffs Effective December 1, 2021 94 0811012021 ItemC MID-TEX DIVISION RRC TaritfNm: ATK8OS ENERGY CORPORATION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THEK8AD-TEX DIVISION UNDER THE RRK8TARIFF EFFECTIVE DATE: Bills Rendered mnmr after 12/01/2021 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type ofService Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 20�85 per month Rider CEE Surcharge $ 0�05 per month' Total Customer Charge $ 20.00 per month Commodih/Charge—AUCcf $0.27070 per Ccf Gas Coat Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b). respectively, of Rider GCFl. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider VVNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Aunnmmnnent An Agreement for Gas Service may berequired. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1.0001, 08/10/2021 Item C. MID-TEX DIVISION RRC Tarif No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Page Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 56.50 per month Rider CEE Surcharge $ 0.01 per month' Total Customer Charge $ 56.51 per month Commodity Charge—All Ccf $ 0.12263 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021. 96 08/10/2021 Item C. MID-TEX DIVISION RRC Tarif No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,054.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.4330 per MMBtu Next 3,500 MMBtu $ 0.3171 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0680 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. 97 08/10/2021 Item C. MID-TEX DIVISION RRC Tarif No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. 98 08/10/2021 Item C. MID-TEX DIVISION RRC Tarif No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,054.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.4330 per MMBtu Next 3,500 MMBtu $ 0.3171 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0680 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i) $0.10 per MMBtu, or(ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. 99 0811012021 ItemC MID-TEXk3IVISION RRC Tarif�NO: ATM0S ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS |N THE K8|D-TEXDIVISION UNDER THE RRK8TARIFF EFFECTIVE DATE: Bills Rendered onor after 12/01/2U31 PAGE: Curtailment Overpu!| Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each K4yWBtu delivered in excess of the stated level of curtailment or interruption. pay Company 200% of the midpoint price for the Katy point listed in F9otta Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in F9otta Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing u daily price index recognized as authoritative by the natural gas industry and most o|uae|y approximating the applicable index. Agreement A transportation agreement iorequired. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T' customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. 08/10/2021 Item C. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAF; x q� Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. 101 0811012021 ItemC MID-TEXk3IVISION ATMOS ENERGY CORPORATION RIDER: VVNA—VVEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS |N THE K8|D-TEXDIVISION UNDER THE RRK8TARIFF EFFECTIVE DATE: Bills Rendered onor after 12/01/2U31 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Cof CdYHDD Cnf CdYH0O Abilene 11.88 0.1450 85.39 0.6086 Austin 10.34 0.1452 104.82 0.9398 Dallas 15.21 0.1015 148.18 1.0986 Waco 10.63 0.1373 130.30 0.7436 Wichita 12.63 0.1308 100.17 0.5803 Falls Weather Normalization Adiuotment (VVNA) Report On or before June 1 of each year, the company posts on its vvebeita at atmooanergy.00m/mtx'vvnu. in Excel format, a Weather Normalization Adjustment (NVV/) Report to show hnvv the company calculated its VVNAu factor during the preceding winter season. Addidona||y, on o/ before June 1 of each year, the company D|aa one hard copy and an Excel version of the N/NA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director uf that Division. 08/10/2021 Item C. Exhibit B to 2021 RRM Resolution or Ordinance Mid-Tex 2021 Benchmark for Pensions and Retiree Benefits 103 08/10/2021 Item C. ATMOS ENERGY CORP.,MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31,2020 Shared Services Mid-Tex Direct Post- Supplemental Post- Line Pension Employment Pension Executive Benefit Employment Adjustment No. Description Account Plan Benefit Plan Account Plan Plan Benefit Plan Total (a) (b) (c) (d) (e) (f) (g) Proposed Benefits Benchmark-Fiscal Year 2021 Willis Towers Watson 1 Report as adjusted(1)(2)(3) $ 2,917,949 $ 4,908,358 $ 5,447,063 $ 293,818 $ 6,600,073 2 Allocation to Mid-Tex 43.68% 43.68% 76.11% 100.00% 76.11% Proposed Benefits Benchmark Costs Allocated to Mid-Tex(Ln 1 x Ln 2) 3 $ 1,274,655 $ 2,144,130 $ 4,145,546 $ 293,818 $ 5,023,057 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00% 5 Proposed Benefits Benchmark Costs to Approve(Ln 3 x Ln 4)(3) $ 1,274,655 $ 2,144,130 $ 4,145,546 $ 293,818 $ 5,023,057 $ 12,881,205 6 7 8 Summary of Costs to Approve(1): 9 10 O&M Expense Factor(WP_F-2.3,Ln 2) 75.07% 75.07% 38.66% 11.00% 38.66% 11 12 13 Total Pension Account Plan $ 956,873 $ 1,602,484 $ 2,559,357 14 Total Post-Employment Benefit Plan $ 1,609,582 $ 1,941,691 3,551,272 15 Total Supplemental Executive Benefit Plan $ 32,322 32,322 16 Total(Ln 13+Ln 14+Ln 15) $ 956,873 $ 1,609,582 $ 1,602,484 $ 32,322 $ 1,941,691 $ 6,142,952 17 18 Notes: 19 1.Studies not applicable to Mid-Tex or Shared Services are omitted. 20 2.Mid-Tex is proposing that the Fiscal Year 2021 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1,be approved by the RRM Cities as the 21 benchmark amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods 22 includes only the expense amount. The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM. 23 3.SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. 104 08/10/2021 Item C. Exhibit C to 2021 RRM Resolution or Ordinance Mid-Tex 2021 Schedule for Amortization for Regulatory Liability 105 08/10/2021 Item C. ATMOS ENERGY CORP.,MID-TEX DIVISION RATE BASE ADJUSTMENTS TEST YEAR ENDING DECEMBER 31,2020 AMORTIZATION OF REGULATORY LIABILITY Total Total Beginning Protected& Protected& Line Year Ended Beginning Protected Ending Protected Unprotected Unprotected Ending Unprotected Unprotected Unprotected No. Dec.31 Protected Balance Amortization Balance Balance Amortization Balance Amortization Balance (a) (b) (c) (d) (e) (f) (9) (h) O 1 2017(3) $ - $ - $ (51,477,654) $ - $ - $ 343,746,535 $ - $ 292,268,881 2 2018 (51,477,654) 494,977 (50,982,677) 343,746,535 (3,513,868) 340,232,667 (3,018,891) 289,249,991 3 2019 (50,982,677) 1,979,910 (49,002,767) 340,232,667 (14,057,872) 326,174,795 (12,077,963) 277,172,028 4 2020 (49,002,767) 1,979,910 (47,022,857) 326,174,795 (13,988,908) 312,185,886 (12,008,999) 265,163,029 5 2021 (47,022,857) 3,464,842 (43,558,015) 312,185,886 (26,390,127) 285,795,760 (22,925,284) 242,237,745 6 2022 (43,558,015) 1,979,910 (41,578,105) 285,795,760 (60,167,528) 225,628,231 (58,187,619) 184,050,126 7 2023 (41,578,105) 1,979,910 (39,598,195) 225,628,231 (60,167,528) 165,460,703 (58,187,619) 125,862,508 8 2024 (39,598,195) 1,979,910 (37,618,286) 165,460,703 (60,167,528) 105,293,175 (58,187,619) 67,674,889 9 2025 (37,618,286) 1,979,910 (35,638,376) 105,293,175 (60,167,528) 45,125,646 (58,187,619) 9,487,270 10 2026 (35,638,376) 1,979,910 (33,658,466) 45,125,646 (45,125,646) (0) (43,145,737) (33,658,466) 11 2027 (33,658,466) 1,979,910 (31,678,556) (0) 0 1,979,910 (31,678,556) 12 2028 (31,678,556) 1,979,910 (29.698,647) - - 1,979,910 (29,698,647) 13 2029 (29,698,647) 1,979,910 (27,718,737) - - 1,979,910 (27,718,737) 14 2030 (27,718,737) 1,979,910 (25,738,827) - - 1,979,910 (25,738,827) 15 2031 (25,738,827) 1,979,910 (23,758,917) - - 1,979,910 (23,758,917) 16 2032 (23,758,917) 1,979,910 (21.779,007) - - 1,979,910 (21,779,007) 17 2033 (21,779,007) 1,979,910 (19,799,098) - - 1,979,910 (19,799,098) 18 2034 (19,799,098) 1,979,910 (17,819,188) - - 1,979,910 (17,819,188) 19 2035 (17,819,188) 1,979,910 (15,839,278) - - 1,979,910 (15,839,278) 20 2036 (15,839,278) 1,979,910 (13,859,368) - - 1,979,910 (13.859,368) 21 2037 (13,859,368) 1,979,910 (11,879,459) - - 1,979,910 (11,879,459) 22 2038 (11,879,459) 1,979,910 (9,899,549) - - 1,979,910 (9,899,549) 23 2039 (9,899,549) 1,979,910 (7,919,639) - - 1,979,910 (7,919,639) 24 2040 (7,919,639) 1,979,910 (5,939,729) - - 1,979,910 (5.939,729) 25 2041 (5,939,729) 1,979,910 (3,959,820) - - 1,979,910 (3,959,820) 26 2042 (3,959,820) 1,979,910 (1,979,910) - - 1,979,910 (1,979,910) 27 2043 (1,979,910) 1,979,910 0 - - 1,979,910 0 28 29 Revenue Related Tax Factor See WP F-5.1 6.79% 30 Revenue Related Taxes on Annual Amortization Amortization*Tax Factor $ 3,949,355 31 Amortization Including Revenue Related Taxes Amortization+Taxes $ 62,136,973 32 33 Notes: 34 1.The annual amortization of the protected balance is a 26 year recovery period based on the Reverse South Georgia Method. The annual amortization of the unprotected balance is 5 years. 35 2.The Regulatory Liability is recorded to FERC Accounts 253 and 242,Sub Account 27909. 36 3.This is the final Mid-Tex liability balance filing the Fiscal Year 2018 tax return. 106 08/10/2021 Item D. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, the acceptance of the resignation of the Historic Review Commission member Jesse Hale and appointment of Allison Stowe to fill the unexpired term of August 2021 to June 2022. Recommendation Motion to approve Item as presented. Discussion Staff is requesting the appointment of Allison Stowe, current Replacement 1, as a new Zoning Board of Adjustment member to replace Jesse Hale. Mr. Hale submitted his letter of resignation dated July 25, 2021. Allison Stowe currently holds the position of Replacement 1 for the Historic Review Commission. She would replace Mr.Hale until the time for renewal in June 2022. Staff has reached out to Ms. Stowe and she is willing to serve if appointed. Financial Summary/Strategic Goals Community Focused Government 10z_ 08/10/2021 Item E. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, Ordinance No. 2021-37 for a change of zoning from Commercial Corridor District (CC) to Commercial Corridor Special Use Permit (CC-SUP), to allow for a restaurant with drive-through on 1.022 acres, property located at 2817 FM 544. (ZC2021-18) Recommendation I otion to approve Item as presented. Discussion On July 27,2021 City Council approved a zoning change from Commercial Corridor(CC)to Commercial Corridor-Special Use Permit (CC-SUP) for commercial development on 1.022 acres to allow for a restaurant with a drive-thru use located at 2817 FM 544,being Zoning Case 2021-18. Final approval of Zoning Case 2021-18 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause,a severability clause, and an effective date. The subject ordinance allows for the rezoning.Exhibit A(Legal Description),Exhibit B(Zoning Exhibit),and Exhibit C(SUP Conditions) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Financial Summary/Strategic Goals N/A 108 08/10/2021 Item E. ORDINANCE NO. 2021-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2021-18, FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT (CC-SUP), TO ALLOW FOR COMMERCIAL DEVELOPMENT OF A RESTAURANT WITH A DRIVE-THRU; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor-Special Use Permit, said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Special Use Permit Conditions are an integral component of the development of the property and are attached as Exhibits B and C,respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance No.2021-37-Dutch Bros ZC 2021-18 109 08/10/2021 Item E. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 10th day of August, 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION:August 18, 2021, in The Wylie News Ordinance No.2021-37-Dutch Bros ZC 2021-18 110 OWNER'S CERTIFICATE AND DEDICATION; 08/10/2021 Item E. STATE OF TEXAS COUNTY OF COLLIN Whereas 2819 West FM 544 Ventures, LLC, is the owner of two parcels of Land located in the Moses Sparks Survey, Abstract No, 849, and being a part of McCord's Little Six Subdivision, an unrecorded subdivision in the City of Wylie, Collin County, Texas as described in Special Warranty Deed Instrument 20180119000072410 and 20180402000390500 in the office of the County Clerk, Collin County,Texas and more particularly described as follows; Beginning at an existing aluminum Texas Department of Transportation monument marking the north right of way of FIVi. 544 said monument depicted on the Final Plat of McCord's 3 Addition, Lot 3, Block 1 as a Control Monument. THENCE North 4526'53" West a distance of 27_79 feet to a point on the east right of way of Springwell Parkway marked by a 'one-half inch (1/2") rebar with Cole Design Group cap. THENCE along said Spring:well Parkway east right of way, North 0017'55," West a distance of 205.61 feet to a one-half inch (1/2") rebar with Cole Design Group cap on the south line of an unrecorded ten-foot (10') alley of said McCord's Addition.. THENCE departing the east right of way of Springwell Parkway and traveling along said south line of alley, South 84'33'06" East a distance of 90.02 feet to a one-half inch (1(2") rebar with Cole Design Group cap. THENCE Continuing along said alley the following courses and distances South 0057'17" East a distance of 5,00 feet to a one-half inch (112") rebar with Cole Design Group cap; South 843306" East through a one-half inch (1/2") rebar with Cole Design Group cap at a distance of 14.49 feet, to a o ,e-half inch (1/2") rebar with Cole Design Group cap for corner at a distance of 34.00 feet; North 00'0409" East a distance of 5.00 feet to a one-half inch (1/2") rebar with Cole Design Group cap; South 8433106" East a distance of 86,02 feet to a one-half inch (1/2") rebar with Cole Design Group cap marking the Northwest Corner of Lot 3, McCord's 3 Addition, Block 1, THENCE departing said south line of alley and along the west line of said Lot 3, South 0012'11" East a distance of 204.30 to a corner being on the north line of F.M. 544 and from which a one-half inch rebar with Precise Land Surveying cap bears North 0048'22" East a distance of 1.60 feet. THENCE along said north right of way, South 8944'14" West through a one-half in:. r (1/2") rebar with Cole Design Group cap at a distance of 105.04, for a total distanctill 189.03 feet to the Point of Beginning, containing 1.022 acres, more or less. 08/1 0/2 O:1:t:E. ,., Exhibit"B" l'.Rxt g „ ; C X FOP —„ ..... V.4 Zi, ......., „,.. ........ PROJECT f, Revak,- A LOCATION e eiiieeittegr4LAPAPANiiiRIESiiiiE„WeiiiiaiiiiiieiiiiMENEEMPReiiiiMAIERBEEAPPEJSEJAAFES.P.ITMAGEIMFAEipIE.A.--- I " 6—----— ——eN—ei 6-—--iiii'illiiiiiii..iiieiiii;iiiii ik Ee EJE i"'i'iiiigitiiiiEiei;iiEiZEREEEitieenniiigie.ErjA MVP . mems„ ,,,, KARO ------ 04 ii „ggp_ss..„„.„4„. g / 44- r 1 ,„,„... ......,„....,. ' 11; . GJA,....„..„„il !; ,Z--- -';;;;------ g4 • 1 -4E. .,..„„ .,._, 444 „0. la LIJ .'•,q „ .i 1 ..., IF MINS r, OWNER: P.4 E VEN TER ;414,,, MAIN&MAIN eil, Ana P-1 . . , ..,, ,„ ...,,, ,.... .'. -, ..,,,..,0.4000. .... , : [ -0;OS t D SZE E216)308-0008 EAE,'g E 1/8111A/8 X _...;.,887,—,: .i EDIMMEEE I E i •1' '''''''..7..I'' DU71.11" IE'E'"""""""8— 'a11111 E1 f=90,, ' 1 Civil Engineer: \ :3 iKnt: TECTONICS DESIGN GROUP ,k AIE E'APAT i " A ".11111111111111111L 1 1 .•.,.g. „ ligE A i I CI Q1 11!1,113WHISEN1 ,,.D1 ggiggg Surveyor: iggi 0 5g 14. .44-' ArzA 0!or/.3 ., MORRISION-SHIPLEY ENGINEERS,INC. Pi ,—t ^ ,fi ArArmarrAhr,„,ttn Ait ,,,,e,,tame,d,z, ,-,,A' R,:• 0 .•4-g• , 7,7g° ,' •E,z, iJ H g .).%. Landscape Architect ;g ;0 •••••••••••• -....•••- ____---•••••••- _-____-_,......• ...).,_,,,,•__irifx.k.f,l,,_ ....71 „...7 WI Bella Firma 17: __.'6,SA i ':.°:g i '''''. .,.., -- ' -......••••=11•••?'":,4,'•'41'..'„!14t:ftt,i,,;ts„ `6, • ---•••••••"--•••••• „„„,,,, ,„„, u) 2 d 2 in stis4.4. PRELIMINARY UTILITY N t.z, &SITE PLAN 7 ti,.1 n f,mANAPD oA,TEED AD sum. A TA AREA sloN i.v({); ,„ ug I.; ,g;;;-", g,,,,,,,,g,"i; • g"ggg", . CIIIVSITRUCHON CFO,1FNCE. I I I I I I IIM iIZ,1i; I 4* movosr,mrom,,, qg i t . 44.444444444-, —4-- 404', , sAmmr.,=WEIMT,PAL ;" IRIR E"EZI' PROUD ZONE•X 1' A EsItt1SE ER EE> "IIE sg:46 ,,... HA.,Ma NZINITAINEk FL.CONi-AINCRS.Erc AEA 0,08/81 18E' =E1D'I=TIZ t"t1 • P3=8=14VF„TERE III 6- CLE4P AND GRUB THE SITE I 4-1::il ®o LEGEND ,=01M1Tr tZ"L' : 8 ROUGH(RADE THE sar RATIO REQUIRE.: u 1.150 SF 1,4 IC REQUIRED PARKING•10/1,50/= = il.!; rfq SCALE N.T.S. PRELIMINARY UTILITY G ciAGAT mem, AND FITE MAN „..„, ,„.,,,.. 13 NEAR IMPERVIOUS SURFACE 1i E.• • '''6 '' *.lrovqm 811 „,,,,,„ 8 STANDARD STAID XARDOI, ,, voA„ 4^; ;I; 112 08/10/2021 Item E. 55 ,.1'15515°5515555155`,555",55, NOV 33 06V LANDSCAPE NOTES GENERAL LAWN NOTES 5 ---_ 1 CONTRACTOR SHALL VERIFY ALL EYISTING AND '' "AW"1 CONTRACTOR SHALL COORDINATE OPERATIONS AND pp,,,,,, pa, P. ti \ PROPOSED SITE ELEMENTS AND NOTIEY I ANDSCAPE ARCHI I KT 04 ANY DISC.PANCIES SORVEY DA. AVAILABILITY OF EXISTING TOPSOIL WITH ON SITE CONS MUCH.,MAMA.. -4, S I' .p,.Se,8-98-0,es, 'ALLEY —------——------ OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS Oa' '-'-'-:-.'.. E ., CONTRACTOR SHAI t. I COATE API EXISTING 2 CON aRAL rOP SHALL LEAVE.WN AREAS 1'BELOW FINAL PINISHED GRADE PRIOR TO TOPS. ,a,-`a•P`a .g UNDERGROUND Ul ILI TIES AND NOPIFP LANDSCAPE —. ARCHITECT OF ANY CONPLICTS CONTRACTOR SHALI 6 EXERCISE CAUTION WHEN WORKING IN THE VICINITY .9S1'.-.. .6O -.....--....-•-. Wa1.4'LR'CLCO'N'a4=V1.1D=ZDONASCI'VII PI ANS OF UNDERGROUND UTILITIES ADJUST CON TOURS 10 ACHIEVE POSIPIVE DRAINAGE ...;,...6 _, Pa 3 CONTRACTOR SHAI I PROVIDE A MINIMUM la,SLOPE AWAY PROM BUILDINGS PROVIDE UNIFORM Mir ,1411‘.4% I AWAY FROM ALL S TRUCTURES fa II ICI %all 0 , II e ill 01 4 CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE °A.-'41',ZR'EPArS','/7HgLe1.,7AR t‘...,',717.ATNT''""Rr'''' '4',', ,at.' 0 ALL LAWN AREAS SHALL BE FINE GRADED IRRIGATION ..4 am ...4LAIIE TRENCH.COMPLETE,SETTLED AND FIN.GRADE %, E, --- APPROVED BY THE OWNER S CONSTRUCTION ,,,/i lirA4 I a-U.,,. an sig"411, .R OR LANDSCA,ARCHITECT PRIOR TO LAWN ' 5 :,,L A,,P,LA,,oT _FT,L A,0e,,tW N mAoR sArS,,H Ae DI.,,%E INSTALLATION I SHALL BE INSTALLED ADJACENT TO BUILDINGS 5 CONTRACTOR SHALL REMOVE A, ROCKS 3?4' , cc I I WAPKS OR CURBS CUT STEEL EDGING AT 45 DEGREE DIAMETER AND LARGER DIRT CLODS SPICKS, 11,0 4,11" I , ANGLE WHERE IT INTERSECTS WAI KS AND CURBS CONCRETE SPOILS ETC PRIOR TO PLACING TOPSOIL AND LAWN INSTALLATION ,P.. % 1 1 6 TOP OF MULCH SHALL BE 1,2'MINIMUM BELOW THE 8 CONTRACIOR SHALI MAIN MIN AIL 1 AWN AREAS 4* ),' .' _ : 1 i TOP OF WALKS AND CURBS 7 ALL pAWN ARPAS SHAIL BL SOI ID SOD UNTIL FINAL ACCEPTANCE THIS SHALL INCLUDE BUT NW'ie L IMITPD a0 MOWING WA T.ING WPEDING .....0 ;. ICA t.1''''' BERMUDAGRASS UNLESS OTHERWISE NOTED ON THE CULPIVA IING CLEANING AND REPLACING DEAD OR Al ' PAR4 ARP. r0 PPLP PLAN..IN A VIGOROUS ,.,,•., - a Al ''' HEALTHY CONDITION 7 CONTRACTOR SHAM GUARANTEE ESTABIISMENT OE ACCEP IABLP 1.11- AREA AND SHALL PROVIDE E g___‘1 Z .E 5 2 A & I 5 55 rt..: an- I 1 AND EVAPOTRANSPIRATION IET/ WEATHER-BASED REPL ACEMENT FROM LOCAI SUPPLY IF NECESSARY 2 CON(RLERS AND SAID IRRIGA TION SYSTEM SHALL 0 t; I . BE DESIGNED BY A QUALIFIED PROFFSSIONAI AND INSTALLED BY A LICENSED IRRIGATOR SOLID SOD NOTES h.e 6.... III CI ,E s CONTRACTOR SHALL PROVIDE BID PROPOSAL LISTING 1 PLANT SOD By HAND TO COVER INDICATED AREAS 0 UNIT PRICES FOR ALL MATERIAL PROVIDED COMPLETELY ENSURE EDGES OF SOD ARE TOUCHING W W 2i,.!' 1'1: Mc' ,.. .7:2111131 WF''Vrll''°' e°Ara Mtn'I 10 CONTRACTOR SHALL BE RESPONSIBLE EOR OBTAINING TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILL i VOIDS .n 2 f 6 ALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS 3 WATER SOD THOROUGHLY AS SOD OPERATION IIIIII111111111 5 5 ' .554555555X,Z5,55555,55'5555,55.55"5515505555555 mom 151 E g MAINTENANCE NOTES , ,. . -II 1 THE OWNER,TENANT AND THEIR AGENT IF ANY PROGFiESSES `ral I .1,1 BE...INT.AND SLVERAI I V RESPONSIBIL POR OMNI ^' . .",....:1 EMI THE MAINTENANCE OF ALL LANDSCAPE 4 IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1 AND MARCH 1 OPER St.BERMUDAGRAOS SOD I . I'P.'',,,N, , AL!I ANDSCAPE SHALI BF MAINTAINED IN A NEAT AND ORDERLY MANN.A T ALL PIMPS PHIS SHALL 1.‘;'(.=1,'STErarONREV=f2.!ANL'::TIStO'IVLIA?.[IEFFCET1'' 1 'c..2 INCI UDE MOWING EDGING PRUNING FERTILIZING ...F . I -- IONE! liM .,,,-,- in WA TERING WEEDING AND OP HER SUCH AC I IVITIES I COMMON TO I AN AR MAINTENANCE LANDSCAPE TABULATIONS 3 AL!t ANDSCAPF AREAS SHALL BF KEPT FREE OF TI,CP,OF WVI IC TFXAS I r.▪a, SIIL LANDSCAPP 2 4 El 0 ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS TOtAISite Area.0 388 s f tO.9.2.7 AC, bI ) 1( Pp..„___ _.-..---...d0.0.0•111._AA OOOOOOOOOO..—— ".... . .. I _,..______ APPROPRIATE FOR THE SEASON OF THE YEAR 5 ALP PLANT MATERIAL V/HICH DIES SHALL BE REPLACED WITH PLANT MATERIAL OF EQUAL OR BETTER VALUE .„arrad 8 078 s a 120. pppaid. 12 33P s h 130,1 ,--i 2, ' 011 . - , , PARKING LOT LANDSCAPE in -g,i I ? No parlanq space apa.Per than s.a.ty 160 feet Imal 6 CONTRACTOR SHALL .ROVIDE SEPARATE BID X y I— t 1 e°44' a., PROPOSAL FOR ONE l EAR S MAINTENANCE TO BEGIN 1:'t .• . E 8 — 10'Wide North Texas 1 I op,a 2 ,Cg t,1 Municipal Water District i Volume 512,Page 476 2 cn _ TI cc 8 i D.R.C.C.T. STREET R.ONTAGE LANDSCAPE 51 E ' "55 5515.55115,15,5557515555555551155,751"551155""" Z d 2 i 3 PLANT LIST _C e , a 2 9 2 SWARM BOTANIC.NAMI COMMON NA. OPY S. 14MARK, (..) g i DW Chlopsp.bnesro, Desert Willow 9 .a. aa.P.Per P.....,,a...B...0 ataa.a. 10.......P.. ,0 I......, ,,'A SHRUBS,GROUNI.O.R ..... ,J. E. AN ,Imperc,tolur,'..., Ra.p.a,le, `,",3 a Parki.Iota VI.no apace filltFer than 4.0'Pp.landscape ,.agpe pu,,,,a-a, E, N.,Al I TM IP SHALI.HA.SPPAIGH I TRUNKS ANNal MA...WI..VAR,,a. PLAN.I.IS AN AM tO WWI IPP ONI Y CONTRACTOR SHAI/,WM...!...PIPS ON PIMP araa t,i Alt 4.POIPSANta....ARE MIN,P,....MS AI i PI AN I MA,MAI SHAT I Mr.Oft"....I.IMAtal.AS INI..... 05,',. E.:'',.'M 2 n, EEErE% ..... 1 1. 8 LANDSCAPE PLAN 4245 North Central Expy 2 r-' 9 gi Of*,a BELLE Suite 501 o .to 20 40 ti 4,0, ' Dallas,Texas 75205 214.865.7192 n. ..'t i' T?1 L1.01 113 08/10/2021 Item E. 7- SECTION 32 9300-LANDSCAPE I ire.shrubs and groundcover shall be gu.agteed for a gq,0,,,q,,,,e„qr.,„gr.q,rqq,„„gq tf.plant,ag detail as,,,Oved by the Landscape Architect If the ,:iF,'•°„4.7.-:. ,,..L 7 PAR,-GENERAL ' .'Xa‘tregir s X.,''''reZet:gPs'POrgvenul'sp're7PeT og'I'car/r' ' Tge.7,1',::g'I'xur;g'n l''a'gT jr,'aZa'te:r:7[ZiPr7e'n'ts'O'f'g'gg"raal:rel; earth base ge:DP.gc g'°K°. 7 or symmetry have been damaged st„11 be eogsideTed „rapped En bug., Any,ee loose in..e bell Of with a broken PART 3.EXECUTION rpg„„„qr„„qq,,,„„qg,q, „„erggy„„q q„,,,,,,, DRAWN ' DESIGNED RPIT fi C.'.,1,14,100f,fOr}.170,irIG,011(11,041 ol root ball,dial inoppurod gy f6 I ncPas above 6,11 fNomonclalurc coafirms to gger„Dpg,,„p IPPIT E 1 2 DESCRIPTION OP WORK and Piad aa those agg,g,PIanted d.giaII be PIacled Igtral drfactp maIx ggn,de...a Man,havmg ggee,3'or more trunXs 7 xePoxl.en,'ge,gen.....Own. 'O,' as origi.11y specaied All work,nclgelnd materials pearly oqkal Cl.alTeref I ..,...q.0...... ref,rnMen.•.,,1.,...,.. B All plarmng areas nail ox,condiagnetl as follows. 'g 1,NtiVI3 11,,KID(11 gagrang„ Ariy„ungge x.„.0. tmaagsfactory or darn,.matehal a,any prne dqr,the E PPgiiing All prxxx„.two,god sheuba„„rex.by CP, 2 .rosotee.ot IandscaP.g PIens gaggding A P 'P..K'PP"..PX',IP. t,oto and ropgq,„Ph a„eptpblx Jad,f141,t.adddional ,'.'17e EPA'rra'gdtalP:TjtrZjo't.'.9't7I'o8aede,Itn7I'Poss'tt.71;071:g' 5`. I Plannng lirees,shrubs a.grasses/ 113'1 Mts 7rZ'gg"P'llelgF"Ig'g-:':g ''',`` • 4I-. ' PRRATION MATERIALS 1 ertil,...as per Manu,gtater s recommentletmns Add s „to a depth of an<16 I inqhq, iK' e`PeP germe El the`.te P''Ker.'g°BcPcdP Pe/°^e i" A„,,,.for,n grasses Loam conta,gng OgPasgrass ar . 06 0.9...21 I 3 REFERENCE STANDARDS 3 .x401 to,ree pes shall be as follows Use existing LOP SOI '...ne.ar'''...'...',.'...“'..r....F..M.V. g, clumps rocks dal..cal„he subsolls etc placed in nine oba,conons encouMered et tXe coat of the Landscape 0 a. , ..1 3 T.above guarantee shag not egg,/...Peg,MaPts dg ager Cry5„ac tor 4 If leques,d Landscape Congactol shall provide a celnlied l'aT,'oral'Oy'"geriy'Irrtla e)e'rld,71c,AalTr'rXX:e'te'glle':= q mogx,of sod abox„De„d„„to„a„fqtaggered after fertile.°the gro,m0 first Roll grass apaas lo ach,eve TTE“, largeOgg bo aP,Ard,yto condiPong reqwto t_I D ;.:,47,7,, 4, C Tex,Aaso,„Pox of NlErbk,..11.Grodog.111514.W. 4 Acceptance for ell landsca„wog<shall PAAA en after final Mao 'e g M S e P Pruning a,,,,r mu., ,,,,,,,,,M,,e=..,.,,. L-E u,:,,,1 V:guate stoface ohd wateang...lilies are evetlable B Oran,. ategal Compost,itM1 a apyture ot O,vgetaxx ,„..,s, I andscape Archeect end 0,811 be pruned in accordance,dh ,,,c. I 4 NOTIFICATION OF SOURCES AND SUBMITTALS laxn areas At that nme the Owner..„11 assume ALLATION standard hoCcuttural xpactice follow ng Pi.Proixng Class I 4 r....t n 2'g 3 Protx„xo.bolls by hop.,Ki wilfi WW(111,or otha '3 PI.niIVJertopin n hgrtn'trIt'rla 5.2 PP 9 9 urtnr dePae„ gooptriK Pox has bowl„1„,k,goly a„oggkaViod Z R:',,, tree stakes Bamplos.4 be.aP1.0,,.,V Ow.r s AxtPocd I xxng Forth Tachnology MI,Tex.of Aud Gro.1,1.,,,I My 7.9 l'..0 t; I.1.,JOB CONDITIONS balla or desiocaPon of leaves Keep plants moist at all „pal gm PrPgared Pc',areas axx xeagg for PIacting All sbiPments of nwsery matenals shall oe thorougXly ototextetl gym the Prying ,'1 AA nAA 3 Immediately agar plenPnq operations are completed all tree sChXduIx P., si, „qq„ U) PP g,.., possibcIdy of dry„g by wind and Balls of earth of B 8,8 plan. ghaII be,he digPX,e,.the Oa,ixt nrOrc'Zg"11,tggtXX.'hIgerg=='agg',Vg'7ar'''' axoeglanoa e g„„c„,„„gq,„ Pg& f LE = Organ.FerPlcer Fart..Sustane or Gleen Sense or equal as ° ''' 7,g 2 removed prior lo Landscape Congactor begInning acy work ,Ip‘,7;'t<ahle'go'n'i'rgclx'Ett..'g'g PART 2..,PROM/CS q„, lira.ol Kt.,gurbmg a.obtgx Owners aXaroxg,Pr'.le cg gg 1111010 Z 1 E..E. ' e:1<,,E"':2,,E17..::ric:i,:=rEc2,::'°:T:r al;E"oV7cnEZLII:',,`E17:1 c Selection,P1pnt Material .2 I PLANTS ' 'x',.Z'r'gcrof°,717.x.ggitZriT,17,=='.'r'-"'`'''''"" MIN 5'Z' Zrtrrg i, t''g 1 6 MAINTENANCE AND GUARANTEE Wa'g'ea';gran,f mg/Penance Ipruning end rerulgetanl 1,sted pl.,P,g,gs xac Porn toPP xX i-ok beIX,g gonarigA'A,tor,o, A . :uo.Purchosed t o mdterixIs w.meg,a.,. „q„,q„, Pds sholl ne woe er..,,,to permit handlIng and rnglag ' ggigq4 ggrZig"'""''"'-'n'"'"'9'AA A AIM 'rg'g i.! exceed project speeificapons not to the Nate/leaf t„RAMIS will be w„vidually app.oved by rFx Owner p AULM1011,5d 1,11,10.1,111,,drkd tl,.11111,101,0,10 H Peat Commexcial sphagnum peat moss or carnally decomposed depth that when planted and setgled Ihe crown of the plant shall X Stokea are ta be Mat.,.the PIactigg bed gd.7 the R E I The Landscape Contractor shall be Peld reeponoble Xxx Ole g gq,„,„„,, „.0„„„q„,og„„„„r„,„„„.„„„ g shr.P.pg.bark or 01.1,r ar),....oo.gaixo malenal bear the same relat onship,ifie rash grade as X dci to soil tg'2 proof of non evailabgav to Landscape ArChiteLl tOtjether Ouantrcies he d wings d SPB I aeXons are aompIemextery .2...1 MISCCIP ANEOUS MATERIALS P Do not cgtall steel edging alora xidewelPs or Korb, 2 P 9,1.„II be„,antod„lig,Cloy phow hung,grow,cati with proposal for use of oquyaleq,material At the time ......,,....,.......,,............ 1-'',',' ,,,,,,,,,,.....Pr.'cPPP'PP,.'P.P.°gIc..,cP. scown a.called for oi,both The plant sahedule ia a,acl to A Steel Fdgmg All steel edging shall be 3,16 Ihic,x gx Peep x .16„„„.„6„ggeg qqr go,,,q,qq.„„xpq„,q,,ry,r,,,,, fnches wder than the late,al ditnenaion of the eenh ball and s, 16 I Pg.hos dee,:hag,gs vortical dmasnmoil Remove and haul ' iTe,:'a7,rc'gggPs'"'""''''''"'"'"'''''''' g; ' ,C7LFI'lon'",,,:eelnPntt,::t'Zin:'PrVinC70('12: ,I1 of ass clearang up'and all olhar work xecessary 3 Landscape Architect will provide a key identAganq each tree diametxr Plan,sPogld be thoroughly moi,before removing 3 3 CLEANUP AND ACCEPTANCE containers Er—I document matenal seleePon source a.della,schedules ' f4 ''te "" " A'"'r"'"'''" ' ''''—'"-''''''""""''''''""`'.1'-'"'.1-.1 2'-' ' '''''ll1:1',11(':1'0'll''llti,11':k1=7::(`Ih'„!7:;"11,:haer A ' AAAAA AAA A AAA 0 2' ""'M'"1'n'"'"A'" ""''U"'"'''' ' A"FLr'"'''''''"''''"'"""'""'de'ZI'nfrd'Z'nhZrillrle re'.... rej@CLO,1 by the Owner s Authented Representative eith„befole 0 in O 1 IMC'tZtTla:=1',igh:711',“1',27 PPVC7tvni„tf:1,T.T:r ''''''''''N Z. Tj ,.; I— 1-1 4-54,c03 •• 3 E c, 0 ,.,., a.,,,.• . . ,a_ ,,,,,a ..g.-5,... ,.... ,- * ' (F-7,---7,,,...7 TREE PLANTING DETAIL LEGEND L. Z T-TE 4-`,.;'4. AND NOTES H BACKFILL USE EXISTING NATIVE SOIL CD fn i 3 A TREE TREES SHALL CONPORNI WITH se. .7 2 s ,4502.2Ce7'11,1,5',, 22.2 Pg'e.-. g'gg''.'gg''' .AN.. '.' TO ELIMINATE AIR POCKETS —C PIP c▪x PI K '„ ' / ' I MUtCH DOUBLE SHREDDED 4-2 S TREE KIT WIDTH TO RE AT LEAST TWO g i HARDWOOD MULCH E INCH SETTLED q c THICKNESS WITH P'FT WATERING '17' °4g. tg':' '.''6— I,TIMES PHP DIAMETER OF THE ROOT BALL CENTER TREE IN HOLE&REST ROOT BALL ON UNDISTURBED NATIVE RING ENSURE THAT ROOT FLARE IS 0 I, „.,'''''gr' ' EXPOSED BELOW GROUND STAKE SOIL SHOULD NOT BE VISIBLE BALL REMOVE TOP jg BURLAP g rgq,,Agqg R=Ug l'IrgITPTPVLTKI E. AND AN, OTHER FOREIGN OBJECT, TREF STAKE SOLUTIONS 'SAFE, E ) CON PAINER GROWN STOCK 10 Bk STAKE BELO, GROUND MODE_ g.' i P6 INSPECTED FOR GIRDLING ROOTS AVAILABI F FROM TOPDIIPS5 MULCH PR SPECIFICATIONS,2-MINIMUM , G., 'PI 0, z„,.,„'01 PP„ b L AAA Jag TulgY FLARE IS EXPOSED FREE FROM MULCH 19031 076 6143`A AND A X LEASI TWO INC,IPS ABOVE ,,,jr, =C,N& ec „ ,1:, '2.„' ,,, 7o-i,,, -F,A,7,,,1",= ADE :,',,rAA ,,' 0,.„ „,,,EN°IRWIN°ROOTS ANL PRFSPNr 8 ROOT FLARE IS NOT APPARE AA SUBMITTAL OR APPROVED EQUAL T REES SH ALL BE 0 0 I AKCO BPI.GROUND WHOP x LAWN I FINISH GI, 1 An r.4,0 , AAA CHOR RING REFER TO NECESSARY ABOVE GROUND STAKING ONCRFTF WAIIX- :g , gox x u 0,4, Pr,c.PP 11▪'i —I .- P/1,,A,N,..,1,e1PACT„IIIPAEcR,S,,,,003„.1TLELLLINEAS,,e,_11°ORR IS EXPRESSLY PROHIBITED gING ON.Agg 0,.°T'''''''''..' K rr SHALL BE THE PESKONSIEILITY OF ag 06/08/2 sP.ggx= gP-7, ' .7.\ 7- ;12 SHOULD DE IN THE CENTER OF THE „„q gq„,„„Ac,„„„ogg-A,„,A COpy PING OP THE MANUFACTURER S ! -P. SPECIFICATIONS PRIOR TO ''i.i P'„ '-- F SOOT ANCHOR B., TREE STAKE INSTALLATION OF TREE STAKES - P'.,0 '0 0 SOLUTIONS CONTRACTOR SHALL ADHERE TO NOTE NO STEEL EDGING SHALL , --cc7,Pc' , , , PREPARED SOIL MIX PER 2 -, EE A„„,_ E,E, EE EA,E -E G NAlk STAKE REFER TO MANUFACTURER S INSTALkA,ON GUIDELINES SPECIFICATIONS, AND 'E..TA.-.AL... qx- - - -- -- '-- --- -- -- --- --- iSgrEEXErf'fiECONSSOIC'gRI%1X1'Z'"' 1,, 1 MANUFACTURER S GUIDELINES POR OTHER REOUIREMENTS FOR TREE STAKE 6.DEPTH OF EXISTING SOIL E SPINS INSTALL NAIL STAKES WITH HAMMER RDED G OR MALLET N FIRML, INTO INSTALLATION REFER TO LANDSCAPE PL SO AN 4245 North Central Expy , LANDSCADE DADistuROUD DRIVE NAll 6 FOR SPACING L PA,NATIVE I ,,* BELLE SPED FICATIONS STAKES PLx1SH wr, 'V BRACKET Seats 501 AND DP ALAS L i ti ADJACENT TO ROOTBAI l (DO NOT Dallas,Texas 75205 DISTURB POOTBALQ "N'T'STU' 'fti1';c:t F I R M A 2140353182 / RR DETAIL.7, 0R_rE_o PsLcAA 1 IN G D L T A I L E-E- 0 1 TE 0 2 SHRUB GOUNDCOVE NOT TO SCAI F xxxoxo L1.02 114 08/10/2021 Item E. °' P'"'"""'"'— s'c":°:''`":'" ' g gge clgIgN7 .p.,et m"'""'" (Color D6 DorCkTd''r'ay) cap lostang N'"th''"'" '' L"1" Ph (Color 06 Darh Grad) Metal awning Si'.°717:th heard system srgoega caP rlas r69 (Color DB Dark Gray Stuaca system ard6 Pra-fid6hed- Sold face CMU stacked, Lighted (Color'DB Sark Gray) eau°,,_nts GB,,,)(Mutual materials sigoage (c.1)}DB 4}}}Giliayih} rariaahted rdieh}lha fiber oaeient aPae-a trinalohlend parapet eidarrolld,ma P.'''''' 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'''•\b\. , 1 'N.:'.. ..N.b.: .b,,,,N.:::b.t,,,Z,W ....k*•••',•-- •'''''.. ,\'•••••\".A,',. .1kbk.b.•tb*N.b.,b........kkV......N.k:.b.b....N,Z•Nb\z0,', ...NVb.,.N.'.6 g•N\, N.,,::."1‘..•,,,,b.,,,,,k'bb. .. ‘•\•,..,z 4' .- '•.•\\\ ‘',‘":,V,..','4,,k...',..\b: .‘bbk. c.`,..':',""•,..N.°:;. .;‘. ..••••:,•bkkb•: •.,N.., ..'',kbk, •k.,..•‘.*,bb bb ' , '',• .','\ ': ',VNI,''k,‘,. ...\b....c:i..k.N.b.\'..bkbb,\, ...\-bb'.•:.b*,k•,4,,,,,,b,,,\••,\.,.,b. , kb.,,'‘..,%, \,,‘.1b, ... •,bib•":",A\bb• ....kN•••:..bbb',b"— MAIN & MAIN RearNalk.Up Dutch Bros PR.2A 116 Wylie,Texas .11 Durcli BROS. Perspectives ( 08/10/2021 Item E. Dutch Bros Coffee EXHIBIT "C" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a restaurant with drive-in or drive-through service use as a Dutch Bros Coffee Shop. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The design and development of the Dutch Bros Coffee development shall be in accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the Dutch Bros Coffee Development. Approval of the SUP shall act as site plan approval. 2. This SUP shall automatically terminate and be rescinded without further action by the City or City Council, and the property reverted to the underlying Commercial Corridor zoning, should any of the following occur: a. MMCG DBR DFW, LLC, is not the sole owner of fee simple title to the Property on September 7, 2021; or b. The Property is not developed as a Dutch Bros coffee shop by August 10, 2022. "Developed" being defined as the Property owner(s) on the referenced date receiving a signed Certificate of Occupancy from the City; or c. The use of the Property ceases as a Dutch Bros coffee shop and/or approval of a new or revised site plan is required. Page 1 of 1 117 08/10/2021 Item F. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, Ordinance No. 2021-38 for a change of zoning from Commercial Corridor District (CC) to Commercial Corridor Special Use Permit (CC-SUP), to allow for a restaurant with drive-through on 1.37 acres, property located at 499 S. State Highway 78. (ZC2021-16). Recommendation I otion to approve Item as presented. Discussion On July 27,2021 City Council approved a zoning change from Commercial Corridor District(CC) to Commercial Corridor - Special Use Permit (CC-SUP) for commercial development on 1.37 acres to allow for a restaurant with drive-thru, being Zoning Case 2021-16. Final approval of Zoning Case 2021-16 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause,a severability clause, and an effective date. The subject ordinance allows for the rezoning.Exhibit A(Legal Description),Exhibit B(Zoning Exhibit),and Exhibit C(SUP Conditions) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Financial Summary/Strategic Goals N/A 118 08/10/2021 Item F. ORDINANCE NO. 2021-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2021-16, FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT (CC-SUP), TO ALLOW FOR COMMERCIAL DEVELOPMENT OF A RESTAURANT WITH A DRIVE-THRU; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor-Special Use Permit, said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Special Use Permit Conditions are an integral component of the development of the property and are attached as Exhibits B and C,respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Ordinance No.2021-38-Chipotle ZC 2021-16 119 08/10/2021 Item F. Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 10th day of August, 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION:August 18, 2021, in The Wylie News Ordinance No.2021-38-Chipotle ZC 2021-16 120 081101202 ItemF. Exhibit "A" . Legal Description BEING o 1.38 acre tract of land situated in the S.B. Shelby 8urvey, Abstract Number82O' City of Wylie, Collin County, Texas and being all of Lot 1AofWylie Hibernia Addition, recorded in \/o|urne 2008. Page 333 of the Plat Records of Collin County, Texas and being more porhou|ody described by metes and bounds eefollows: BEGINNING at on "X^ cut found at the North Corner ofsaid Lot 1A and the oornrnon h|odhvveot corner of Lot 2A, Block A of the W1ouaao-Switzer AddiUon, an addition to the City of Wylie, recorded in Cabinet G. Page 414of the Plat Records of Collin County, Texas and inthe Southeast Right-of4Woy (R.C).VV.) line of State Highvvmy78 (o variable width Q.O.VV.); THENCE with the East line of said Lot 1A the following uuunuea and distances; G 37"45'49" E with the common West line of said Lot 2A, Block A. u distance of 169.38 feet to 8 1/2" iron rod with cap stamped "EAGLE SURVEYING" Set at the North corner of Lot 2B-R, Block A, of the W1OUSS8-SwitzerAdditiOn. an addition to the City of Wylie, recorded in Cabinet H. Page 178of the Plat Records of Collin County, Texas; G52°31'23" VV with the common West line of said Lot 213-R. Block A. a distance of82.58 feet tO8n ")<^ cut fOUnd� , 8 02°32'14" VV with the common VVOS1 line of said LDi2B-R' Block A, 8 distance of 182.4O feet to a 1/2^ iron rod with cop stamped "EAGLE SURVEYING" set atthe Southeast corner of said Lot 1 A and the common Southwest corner of said Lot 2B-R, B|OCh/\ and in the North R.O.W. |iO8 OfVV. Kirby Street (8O 80' VVidS R.O.VV.); THENCE N 88004'06" VV with the South line of said Lot 1/\and the C0nnmn0n North R.O.W. line Of said VV. Kirby Street, G distance of 184.38 feet tO 8 1/2" iron rod with cap stamped "EAGLE SURVEYING" set at the Southwest corner of said Lot 1 A and the common Southeast corner of LOt1. Block AVf the Best Corner Wylie Addition, recorded in Volume 2O18. Page 5130f the Plat Records Of Collin County, Texas; THENCE with the West line of said Lot 1/\the f0||0vvinA COurS8G and distances; N 01"19'18" E with the common East line Ofsaid Lot 1' @ distance Of5O.45 feet LO8 1/2" imOD rod with cap St8OOp8d "EAGLE SURVEYING" set; N37"37'49"VV continuing with the common East line Of said Lot 1. 8 distance Of149.58 feet to 8 1/2" inDO rod found at the North corner Ofsaid Lot 1 and in the South R.O.W. line of said State HiQhvvuy78; N 52024'29" E with the common Southeast line of said State Highway 78, u distance of 261.91 feet to the point of beginning and containing 1.38 acres of land more or less. 08/10/2021 Item F. SITE DATA SUMMARY - ""'""' LOT 205 NC PROPOSED LOT SIRE LOT S12E BLDG.AREA LOT COVERAGE MR AREA RATIO PARKING HANDICAP SP. IMPERVIOUS ERVIOUS TOTAL PERVIOUS I I i C.0 ,' USE LAC.) ISO.PT.) O.IS ET) TOO. PROMROO. PROV. RED,RATIO OSR RES MOB RED.PROVIDED SEC PROV. ISO FT) PA (SOFT)1 M.) M'ax tl6R M.D.B Exhibit"B" t= Z 43 i8'1 CC OSR 137 536'1'1 6,601 143 MAX 11.L^6 311 18 12 35 2 2 5LC81 884, I i,16'6 I 12% DL Q ` '. Clluosp p/a5os% ,A. AA U-1 PROPOSED PARKING SHALL BE EXIT - ` yAC' LU STANDARD STACK GRAPHIC SCALE Z 30 0 50 60 d , ZL 3' "n,=30 a. LAU r 41 PROPOSED DEVELOPMENT SCHEDULE N9�' - ZONING PROCESS APRIL20A CNEz,m COOPER DR PRELIMINARY CIVIL PLANS JUNE 2021 BEPTEMBER 2021 G SITE t o.7-7`—'7411— CLAVINOOPE ENGINEERING '9'' CONSTRUCTION BEPTEMBER 2021-MARCH 2022 "*' ocyC "<„ `ITItiV/SKY sssy„6/23/ , 78 ONLY NO MENU WINDOW DPROPSEO FOR PROpseouP p/ 4A EASEMENT ACCESS / W 444 e �i / �A EASEMENT \ W i410 WATERa UTILITY D= O,P .+f$ ! S T E+ vGNiY MAP c� PER E59s3 ` ,D ,J LEGEND F /i s PROP PERVIOUS PAVEMENT - 140104526,u^ ACCESS4405,151011 MENT E F T A� ~Ty` ; I jQ Ds PR2"'-; PRC T ; / 0O \ \ 3PRC(TBPAR EL VOL mugs Re LNEACCESS EAsmeNr y1,51 44,...c., , t3" �, L \t \ DUMPSTER AREA CONCRETE PAVEMENT S {� M1 T G ( j P 10 BUILDING LINE y,. # }R l \ \ C 5&TI..TV ROP.STD EWALK CONCRETE PAVEMENT tlOe ,.. 4' 1 ( ,( AloWINDOW' X " Pe' P.SI ( t v r PROPGBEDOGNGRETEGDRBANDGU ER (v' /r .1 _ ' • • T� 41 PARKING COUNT 34 MOB CR6 tig, "R �" FULL-DEPTH SAWCUT G = / TP' 1 y < i N Y d H ,,TIN 1/ T / , ) A, Z „"f se ENv / . 1 EA K m Vitll � I � a ] 1 i 1 � N .f / ° FI AG F fi ` V z W � . E T cGE Ls .,..I ., 7 ' w M \ ...14V, ) A ) ) 55'UTILITIES EASEMENT 1 G BD e . \ I (� BENCHMARKS HM AR INFORMATION SET1 ` ,H 3 o BENCHMARK Et X-C UT PER CONING jr \ ; ' 8 Iri) � CAKAx R 1 ; 6 2i COMMON ACCESS EASEMENT BENCHMARK BMXcurSET CLEVAT ON aA1.33EXeDl i � , IH1 pG.333 v.RC.OT. \ m" (34 ulekc 2 z/ `ay.,y «.4,-,, i,.,, 1 ._ �_ —A �.Tc°3Cz' DAT WY LIE,LL .._ / •� - �xste€w LK ,, 1 ___._*._.- - DALLAS _ NAMP3w Ho..ONGSLLv n a o - M'O' -ER 5 UTILITY S CONSTRUCTION SCHEDULE tOR ESMT 2q. CLAYMOORE ENGINEERING,INC.CANT. Nam - ._ 0 O o F o ` -- ry ""'- - - ._.RAAo pAEDiAN SAw CUT FULL DEPTH E%ST NG PAVEMENT C EMAN ST. orvOry ... ... ._ `i' .. .. SPER.TX]50]e �\ O PROPOSED HANDICAP SYMBOL H 64281.057S CONTACTNAME DREW[TOROSKY W-KAT STREET SURVEYOR- oeNn - .^ -- _ O3 PROPOSED PAVEMENT STRIPING EAGLE SURVEYING.LLC r o ,- - - _ - W KRBY STREET - - - O E ST.SUITE Ht04 .. ry - PROPOSED HANDICAP SION iX]Sz01 CONTACT NAME'TYLER RANK PH: 2.3009 0 0 o N -- EX S DEWALK " " O LEGAL DESCRIPTION: MN ns0 r¢ -- -" _ - EX.SIpEWALN_ - - - „_ S PROPOSED CURB STOP ntoussx.�sw\ nory ORAWNI ASV ooUD v� - - - rnaus'3� „ mnrs na�� © APARKNG STALL STRIPING GOO.WIHTE(fEPT SHEET• urrbe EX HOUSE O PROPOSED CONCRETE SIDEWALK 1"/vLIE c EX.BUILDING EWHOUSE O ENCLOSURE(REFER TO COL f1W rvVr gas xnc rvn EX HOUSE ARCHITECTURALOR TAILS) COLL ELBY SURVEY 020 r,I.rvo. 202l<6t 122 08/10/2021 Ite F. .„....-„—„ _ �N 0P(ANTSGh1CJUL ���na„N aaa",",uaA ,�,.ru, eA N�„ W Li'' m oN,eOT LNAME Z GRAPHIC SCALE O e k, e"n, s nL ena coNr. z z W g raa,rcaa.ma a o< '"a Z _N ngHeue ARPigs � coMMp,NL aLNryn,N L7J a, . a=a; a� 9 ex� e A YY c B COMMON rBOTANICAL NAME SIZE °TY CODE �, ' ,. as.aau�aa,o a�ouna V ...?..a.',? oB Bam,UnaO =7,;'nAanaam� g,e ma a a,ae ax A wn a nA a ,BBAaa z P a n w,., � . �o-nas a,a,an a�a ass\a GENERAL GRADING AND PLANTING NOTES ,,,; \/ wu wnmL 4�1 Vz w. �N, �� µ m ,. } � ' �� � � F">"EaPa a".aa>a A,r�,,.� I % � ' ,.�, ,, \1 : ' i LANDSCAPE CALCULATIONS 1 � I i TOTAL SITE AREA 59 981 SF 1 1 1 I LANDSCAPE AREA PROVIDED 12156SF(20,) 5 � � -- - I StREFT I R,S RFOUIRED STREET TREES PROVIDED 9FR ��PxsreGaPROPosEo> ,_d k. PRO 10'BUFFER SPACE V ED _ PROVIDED .- 3LNHG 3 TALL owERNSHRUBSR ,zoLF tXISTING PROVIDFD 'i \'' 0 FLOWERING TREES PROVIDED DUE TO PRESENCE RSFPERassPA EH-,,=s sF, LalloscaPE aREA. nnniiN ea OF PRovioEo 0 Z z g a o R1_ ROOT BARRIERS MULCHES A �' Qz EEEs- nEfs�FEEE OE N o,.nu�cn�rvnivaAL to ores,ovs Hi NLOCATED"DEEPIRoos" e auPO SHALL SUBMIT APTEORTURP MULCHES 5-29-Z7 IC IN 24'DEEP PANELSRBROR EQUAL)BARRIERS SHALL BE LOCATED IMMEDIATELY EAB)RO CONTRACTOR SHALL SUBMIT OF ALL MULOHE9 ���� RS HITECt ANo OWNER FOR APPROVAL PRIORTO E SialL PANELS P�R MANUFACiuRE O oERNOC F'A'iiNCEBSHALLTHc CON BALLBARR ERS OF a TYPE TNAr COM?LETeLT BTWIN E P E FT R TALLER "NCI ETHE ROO '.:GE ERA.. Aso tkvo GRA aANDPLANTNO ES ANO SPECFCaT N9} Aso 2A21' PLANTING AND IRRIGATION GUARANTEE EVf fZGfi[GN — N ',"az. --""L o LP-1 123 08/10/2021 Item F. co g PLANTING SPECIFICATIONS Q Z Z O O .11katO „ • O • ,E,M,�k • Aill O — - Mgr ,III l Ti-111= �1l —0 O ��.,s • h F III II „«, „E, „,a �a,,.�P „��,� .,,��, �, �,,�., .,, III 1 2 v TREE PLANTING 1 I( III I 111 I=I I r ?" o„, III )II , 'il III= • O ,6. E ` a.,o,,,.000 • NI o O O - �,. II O «, ��s ,o.,., ,t,E.� ,m:F1v,=:�'' u' n u. B SHRUB AND PERENNIAL PLANTING D STEEL EDGING II NUL— --;-311-'74, D.I.L. o�„, n�E;-,1vcE,nx s 5-29-21 . F v i ,� r w ,%'1 � o PIM, .261 o„ ,,,,ao, EVFRC�RF.E SHLE r kF ooE1 ,v Ewv ,. �,, „a, C HEDGE PLANTING AT PARKING AREA O PLANT SPACING k,.,=,o,,,, „n, LP-2 124 L AusErss9/zovDeonmica am\ZI""x(E')As� S"ARED""1A''" w''1 TX' was"1-ET u'"2.1 '"D" asT�av-o_ s/z 0 A oD 0 s n i D o n m % A a' 9 C P [ 1 _Al T ;x;C) o ; o00 00 000 z 000 J 0 ❑ N 0 TREE DISPOSITION PLAN DUWEST WYLIE LAY UDF , 0 ------ WYLIE,TEXAS 1 ENGINEERING m . . No OAT, REVISION BY Ni' ?1 08/10/2021 Item F. TREE PROTECTION SPECIFICATIONS , 0� 4 d Z 1 1,131,10.9 FOOT r1101-10IRANGrASIIC YEN...S.M.:.Int PLANS,.SH,1,I.WOVEN WII,H:INCI7ESK 07NINOS SUCH itinif..t..7 44 '',,,i, TIE WIRE,WIRE FOI,AI'ACHING I HE,...1,10 ro rne,POSTS SHAI I,BE NO,I ESS 7J-1.4N NO 1,GAUGE GAI VANIZED MR, BE USED PH IREFS ANTI SHRUBS(SHOWN TO ' (SElEtS Ecs O)WITHIN THE m ofmE�s Uco ESHA roFC -A n .s r ucSRr A o PcDADe ROOT STIMULATOR UCA ONAE ER PRUNING �PROTEcroN PENCE Ew NiCz E T�orvs DISTANCE. PROXIMITY TOSTRE INTERSECTIONS Oft HALL ADHERE TO'"'"HE APA.E mA NTA rveo PROTECTIVE JURISD 1 THE FENCING LOCATION SHOWN ABOVE IS i=rg-ZgELIr,HALL.ERECTED BEFORE RITE WORK CDRIMENCES AND SHALL REMAIN IN PLACE DURING TRE ENTIRE DIAGRAMATIC ONLY AND WILL CONFORM TO THE rg==.°0NrYZZ'rLfr=IVA====;ETS=Er=rPOTE=AZ-nr',In%R. BOUNDARY WHERE MULTIPLE ADJACENT TREES WILL BE ENCLOSED BY FENCING rHE FENCING TO TN=TRUSTS TO HOLD THE FABRIC IRAS-FABLE AND UPRIGHT POSITION -0 ,Roo,RoTEGriox zo, ro- SHALL BE CONTINUOUS AROUND ALL TREES 2 FOR ACCEPTABLE FENCING MATERIALS SEE SPECIFICATIONS, DO Iv,S TORE SrOCKPII E 0,3 DUMP ANY JOB 5,1,,E.RIAI SOil OH.K.1.1tINDE.121,E.SPREAD OF THE l'RE.E.BRANCHES O,TREE PROTECTION FENCE ELEVATION O TREE PROTECTION FENCE W • ARH SON NorroscA-; scAEl:.NOTTosca-I , 2,1,g,,S, UNPMZ,N=Irf,),g,P=2,!IJNOER THE SPREAD OF TME MILE SRANCHES t.PIPE GUTTING AND THREADING g 2 5 1,0 NOT NAIL OH A r TACH I,MPOnARY SIGNS MEI.,SVVIICHtS WIRES BRACING ORAN',OTHER 11,1 ro THE IREES 5 DO NOI PERMIT FtUNOFF FROM WASTE ntATERI,S INCtUDING SOLVENTS,ONCRETE WASHOUTS.4,1 IALT TACK COATS,1,40.,0 OIL, E. ETC.TO ENTER THE R, U,AIERS ARE TO BE.HERE OVIDE ENTEwATER CARRY RIN THE.,,,. ROOT TREE ZGt AVOID TREES THAT ARE MARKED TO BE PRESERVED ON A SITE PLAN AND FOR WHICH /ROUT,I,INDFROROUND SEVERING I HEM -S TO Avon THF FP,-IF DIGOR1G,SUNAVO..F LIORF UNDER -ROOTS OR HAND DIG TO UTILITIES MUST PASS TROUGH THEIR ROOT PROTECTION ZONES MAY REQUIRE o OCCURS NEAR EXISTING TUNNELING AS OPPOSED TO OPEN TRENCHES.THE DECISION TO TUNNEL WILL BE y_ x _ THE GONTRACTOP SHOULD AVOID CUTI'ING ROOTS IARGER,AN ONE INCH IN DIAMETER WHEN DETERMINED ON A CASE BY CASE BASIS BY THE ENGINEER. LL • -.. - �' Va SHRUBS OR BUSHES VI,t4 f.� it `� REMOVE ALL TREES TUNNELS SHALL THROUGH THE ROOT PROTECTION ZONE IN ORDER TO C �,�„ �S- �r DURINGIREES[MPG.OR LOST DUE TO CONTRACT OR'S NLGLIGENGE CONStRUe LLBeMITIGATED AT rECONTawTORS MINIMIZE ROOT DAMAGE 5 .AY Uri � § .Q ANY TREE REMOVAL 5,IALL BE APPROVED v e OWNER PRIOR,. ovr.� THE > § t ROornreo Uri..' .ram I COVER TUN NELwItt BE ZONE(2Pz) of mNmurvis EROm rRurvK "BY CASE BASIS BY THE ENGINEERPROPERTY LINE # . 1,,,,tihtrat-noltjst=1,1ID MICH TO MIR,50,COMPACTION THIS RIGHT INCH DEP.OF MI CH SHAH PE ROOT oN,rH_RoorvRo BTaNZDNENORDERrDi , PROTECTION 1 1 TUN THROUGH MINIMIZEROOT PR DN ZONE- ONCE 1,110NO DURING - WEATHER SPRAY-TREE CROWNS WITH WATER P,RIGOICA,V30 REDUCE OUST utiluur oN ON rHE LEAVES (RPZ) g A"' rrmN&a8"u+XOEPrH PwAw c EtINaTAO EErvOIE T000 rcEvaTcvAoaAarzE E """ t I3,, DRIP LINE WHEN AN EX,VATION OR EMOANNM,NT IS,LAC.,D WITHIN THE ORIPLI,OF ANY TREE GREATER THAN EIG„tINCHES IN DIAM.,,R A REE WEI,SIIALLRE.CONSTAUCTED TO PROTEC I THE TREE AS INDICATE°WHEN THE CUT OR PILL EXCEEDS EIGHT INCHES z M O N -E E.,INCHES Oti -.. PAVEMENT ArvU 9' CON TRACTOR. .. rervc Nc�.Tn. THREATS To rH crREEs rrzoM •. .TJAY!,g.t2E§ I'PZ AREAS OR WNEN CONSTRUCTION ...e ',L CONS,ROCtION REI Arco AG rwl ICS HAV,BUN REMO,. AND UNDER DRIP LINE AS MINIMAL , FOR ACCEPIABLE FENCING MAIERIALS '' PROTEC DON FOR ROOM FROM SEE SPECIFICATIONS OCCURS IN R001 PROTEC NON ZONE CONSTRUCTION ACTIVITIES TUNNEL FO MINIMIZE ROOT "(TOP)AS OPPOSED" TRENCHES IN ROOT PROTECTION ZONE WHEN THEs MINIMUM DISTANCE z° ti FROM RUNKC 1 f.BE VED TREE PROTECTION REQUIREMENTS O TREE PROTECTION FENCE-LEVEL 2 ,Z 1 A Tif DT cROTEC-IONZONE,,,,LLK,-.STABI,H,.0 AROUND EACH iRC,Oa ANY VEGETATION TO 8,PRESERVED,THErz007 PROTECT ION 20N AE ou '14Urvo - J auuwv BC COVERrtn END o.THE v. SNG Ec,11. .n sco ERNcn Solt MI.c.RwET EXCEED3OPEN NOR ROOTS CAN BE BENT BACK CHING MAY BE USED IF EXPOSED TREE ROOTS DO NOT OWZE- O - 'uau O C.)w - BORING THROUGH ROOT PROTECTION ZONE — - sue, Ono SC.e Ng6� A' W i N a W sUT aucTONRao ,AP E.NArvcE EwATEY NaT"aosT ./ / r vrsorEc oN off HASH rva FDLAGE. S CC rvorr� AAasof OTHOT«A,Lk„,Mo.s_ATr„crEETOPHOTE�,TEOT R�. ,5-29-21 ~ ASO . ° . .N N :ODE ,E .N a C2N E ER, TEs sHE crvA s.�A R n E.. TD-2 126 08/10/2021 Item F. EXISTING STONE BANDING, PAINTED v "KNIGHTS 11 • • kt 1 u>1541 � S T ftE NT ARMOR",TYP. , C H I POTL.E' t„, �I CAGE �� 9 :� ice, ti'� I � i � ( � - - EXISTING STONE ,� ® 't I I Li_, Novl .t e 1 1 , „e ,; 1 „11 ,1„„ , I lit : ; 1jul::. %A NORTHWEST EXISTING STONE - ;. { BANDING, ... PAINTED rr, ; I• , .®,�L.. "KNIGHTS ,�; ° �� ARMOR",TYP. n7 ry4\\ .._. • "' EXISTING STONE '0It 1.I a ll 3'4p I® EXISTING EIFS NORTHEAST I 31 513 Main St DUWEST WYLIE SHELL Suite 300 Fort Worth,TX 76102 ELEVATIONS 499 TX-78 �= tel: 817.820.0433fax: 62.224. 917 06/14/2021 IMIL.�Q www.roguearchi ects$om 1/16" = 11-0" WYLIE, TX 75098 127 08/10/2021 Item F. EXISTING STONE 1 BANDING, .�A , PAINTED t.' y s8z8� " ,{pper,. 8[^ _:wog o "KNIGHTS Irtg °_g� i ARMOR" TYP. .. �, ww, 1s ^� tO s� . 9u �1i {trig S5 5 4 . f � �.S4 }y�y t�`2�,�` �dye � I EXISTING STONEE: � SOUTHEAST EXISTING STONE BANDING, PAINTED "KNIGHTS �a .���, e� A .w.,��.�. . °� ARMOR",TYP. m.p T ';� N7 . .. . EXISTING STONE li....i otebau . SOUTHWEST 13 w� 513 Main St DUWEST WYLIE SHELL F Suite 300 Fort Worth,TX 76102 ELEVATIONS 499 TX-78 Mk.EON': tel: 817.820.0433 06/14/2021 lwww.roguearchi ec s.om 1/16" = 1'-0" WYLIE, TX 75098 128 08/10/2021 Item F. Wylie Crossing EXHIBIT "C" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a restaurant with drive-in or drive-through service use as a Chipotle restaurant. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The design and development of the Wylie Crossing development shall take place in general accordance with the Concept Plan (Exhibit C). III. SPECIAL CONDITIONS: 1. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the Development. Approval of the SUP shall act as site plan approval. 2. Parking spaces in access of the minimum required shall be a minimum of 9' x 18'. 3. This SUP shall be voided and the property reverted to the underlying Commercial Corridor zoning should the use cease and approval of a new site plan be required. Page 1 of 1 129 08/10/2021 Item G. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, Ordinance No. 2021-39 for a change of zoning from Agricultural District (AG/30) to Planned P evelopment- Single Family(PD-SF),to allow for a single-family development on 4.6 acres, located at 601 and 595 Parker oad. (ZC2021-14). Recommendation I otion to approve Item as presented. Discussion On July 27,2021 City Council approved a zoning change from Agricultural District(AG/30)to Planned Development-Single Family(PD-SF)for residential development on 4.6 acres to allow for single family homes,being Zoning Case ZC2021-14. Final approval of Zoning Case 2021-14 requires an. Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause,a severability clause, and an effective date. The subject ordinance allows for the rezoning. Exhibit A(Legal Description),Exhibit B(Zoning Exhibit),and Exhibit C(PD Conditions) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Financial Summary/Strategic Goals N/A 130 08/10/2021 Item G. ORDINANCE NO. 2021-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2021-14, FROM AGRICULTURAL DISTRICT(AG/30) TO PLANNED DEVELOPMENT - SINGLE FAMILY (PD-SF), TO ALLOW FOR RESIDENTIAL SINGLE FAMILY DEVELOPMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development - Single Family, said property being described in Exhibit A(Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Planned Development Conditions are an integral component of the development of the property and are attached as Exhibits B and C,respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Ordinance No.2021-39-Bennett Planned Development ZC 2021-14 131 08/10/2021 Item G. Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 10th day of August, 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION:August 18, 2021, in The Wylie News Ordinance No.2021-39-Bennett Planned Development ZC 2021-14 132 08/10/2021 Item G. Legal. Description of Property BEING a tract of land situated in the W. D. Penny Survey, Abstract No. 696 in Collin County, Texas as conveyed to Timothy W. Bennett by deeds recorded in Document No. 2007061800827270, a 2.110 acre tract, and in Document No. 20080908001083900, a 2.543 acre tract of the official Public Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found for corner on the south line of Parker Road (a 100 foot right-of-way); THENCE S. 01 degrees 28' 46" E., along the west line of Harvest Bend Phase 2, a subdivision in Wylie, Texas, as recorded in Document No. 20020102464 of the Collin County Plat Records, 675.02 feet to a 1/2" iron rod found for corner in the north line of a tract of land conveyed to Texas Power and Light Co. by deed recorded in Volume 573, Page 475 of the Deed Records of Collin County, Texas; THENCE S. 85 degrees 36' 46" W., along the north line of the said Texas Power and Light tract, 297.02 feet to a 1/2" iron rod found in the east line of a 1.52 acre tract of land conveyed to Vijay Thangughal in Document No. 20190201000109240 of the official Public Records of Collin County, Texas for corner; THENCE along the east line of said Vijay tract N. 01 degrees 25' 00" W 685.06 feet to a 1/2" iron rod found in the south line of Parker Road for corner; THENCE along the south line of Parker Road, N 89 degrees 38' 53" E., 294.38 feet to the Point of Beginning and containing 4.653 acres (202,685 square feet) of land, more or less. 133 .....3.3 4" 08/10/2021 Item G. Unincorporated Collin County-City of St Paul ETJ <4* . 43 4,1• Exhibit "B" PARK :1' N PARKER ROAD - - • „„.„..,,,;,. ASENALT EA:.,... ..----"'. '- 6 30R LOCATION SITE,,if MAP il 1. ........S.5.,6.........Ef',74.:48""wer• ..b1.8„9.3.803:E.-2./4.3X.;..,4M 2 It-- N 88.49'16"W WOOD BROWN CHAIN now:FE „ „22„ i„ DEED CALLS FOR ZEE f0: 5'HOA lot for Landscaping FFL125'HOA lot for Landsc .ing f X=11;01 N'T OF"Eie:611,1a1WGi_ DOC NO 97,07102a '-'1 `.. _ Et 6'Masonry VVall 6°Masonry vvall-%, -r,.:.--T,, x,* ...'x. ..i...., 1 • ,..,1 31'b-b ,....., EXISTING Existing 29 P '____ . -ONE STORY BRICK, , 1: • . Legal Description of Property Manufactured Home 1-----> ",'.., ' 20 „. 76 V '1 7fr--' 0 - . '-a R 2 BEING a tract of land situated in the W.D.Penny Survey,Abstract No.696 in Collin . . County,Texas as conveyed to'Timothy W.Bennett by deeds recorded in Document 46, 19 i .... EWE . . 2 ,.ce, 120'Typical No. 2007061800827270, a 2.110 acre tract, and in Document No. .RE __O ., , • 20080908001083900,a 2.543 acre tract of the official Public Records of Collin 1".. ri+CE . ,W : . . County,Texas and being more particularly described as follows: ; ^ 1 i I i 3 ' . (SF-1 0/24) BEGINNING at a'A"iron rod found for corner on the south line of Parker Road(a • . . 100 foot right-of-way); . 18 . . 1 •. 3 ill• • . rin : ,., :. „..,. ,,,. . , . . . ,. , Existing 5'' :I Drainage > 04- THENCE S.01 degrees 28'46"E.,along the west line of Harvest Bend Phase 2,a .. Easement subdivision in Wylie,Texas, as recorded in Document No.20020102464 of the U . • i . U) fu Collin County Plat Records,675.02 feet to a 1/2"iron rod found for corner in the z ? 25 50 I 3 0 ...1 z 17 '- ..1 1- north line of a tract of land conveyed to Texas Power and Light Co.by deed recorded SCALE,1" 50' Vijay-hangughal , : . . 4 iS 2 in Volume 573,Page 475 of the Deed Records of Collin County,Texas; = : * i. . . a (1 52 Ac) •. . 5 W . : ...I THENCE S.85 degrees 36'46"W.,along the north line of the said Texas Power -3 6< . and Light tract,297.02 feet to a'A"iron rod found in the east line of a 1.52 acre tract : . (SF=0/24) 16 c, > .5. of land conveyed to Vijay Thangughal in Document No.20 I 90201000109240 of the : : : : . • Z T. . : ZO • : : . 5 i.,., l'. official Public Records of Collin County,Texas for corner; : 0 THENCE along the east line of said Vijay tract N.01 degrees 25'00"W 685.06 feet Do : 0 • `5 0" to a'A"iron rod found in the south line of Parker Road for corner; • i g ',- 14' w g . 15 -4425'-0"4-8 8.L. co st w 2, ,,, B.L. ' 6 to > 1.; THENCE along the south line of Parker Road,N 89 degrees 38'53"E.,294.38 feet Development Schedule el CC 111 . 0 to the Point of Beginning and containing 4.653 acres(202,685 square feet)of land, o 7 s z to more or less. 1.Zoning 4-1-21 thru 8-1-21 Existing Wye Inlet 1.0'Drainage easementi _ 14 ---" -"b‘iii r. PD Zoning Exhibit . 7 Existing 24"Storm sewert 2.Engineering and • . . .. . preliminary plat 8-1-21 thru ...4. . •• 6 . 0 „.• ,,,' 4,, 15roposed Storm sewer * ° 20 Lots on 4.6 Acres 12-1-21 1,...-- . 4, . . 10'Utihty easement ',.. „ —''e i i E 8" 3.Construction 12-1-22 thru 13 xtcting water '. 85'0'--Pi• vVylie NE ., Existmg 27"Storm sewer 4-1-22 85'-0" : 4.3 40 0:333-3-0-' ,,c) : , 9 „• SUBDIVSION NAME: BENNETT ESTATES ., Proposed Fwe\si ,ant/0,.., : 1r-- • .... . , q?:;*„.. TIMOTHY W BENNETT,P.E.-OWNER&ENGINEER • „. „. 601 PARKER RD 34\1-3: ....-.... / WYLIE TEXAS 75098 . ,----,7-rrilhhi,, .- :4-c;\!:*******......14,p 1 214 282 7450 .• '4- \ .. *l TIMBENNETT2@VERIZON.NET 12 3.. 10 ,*2*10 ‘ .,,i i -144" ;TIMOTHY W. BENNETT ROOME LAND SURVEYING,INC. 11 1' V\ 58242 .11. 2000 AVENUE G#810 -43:• 344. .... Ilte3,,,z.*:;‘,1,c,.E44s,1-".s,:\ti PLANO,TEXAS 75074 41' lqi5Ze.iii.13ts'-- 3. . 972 423 4372 N.,......." ,,,, .........*_,.........*.......,.*......a:IZ:..............:::* 7-,,,,,,,,i, /4/ /'"•"'n'ir FRED@ROOMESURVEYING.COM nt S 85 36 46 VV.297.02 ,,. .1 SCALE:1"=50* 4. , <0 TEXAS POWER A LIGHT CO. VOL 573 , PG 475 MarCh 21 134 k''1': 08/10/2021 Item G. PLANNED DEVELOPMENT STANDARDS EXHIBIT "C" BENNETT ESTATES I. PURPOSE The intent of Bennett Estates is to establish a long-lasting, high-quality community that contributes to the suburban lifestyle in the City of Wylie. The detached Single Family homes offered in Bennett Estates are very desirable for growing suburban areas. II. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of March 2021) shall apply except for the following: Figure 3-4 -Planned Development—Single Family(PD—SF) Lot Size (Minimum) Lot Area(sq. ft.) 6,200—maximum of two lots 7,200- Lot Width (feet) 50 Lot width of corner Lots (feet) 65 Lot Depth(feet) 110 Lot Depth of Cul-de-sac Lots (feet) 85 Dwelling Regulations Minimum Square Footage 1,800—maximum of 50% 2,200—minimum of 50% Design Standards Level of Achievement See Section IV Design Conditions Yard Requirements—Main Structures Front Yard(feet) 25 Front Yard of Cul-de-sac Lots (feet) 20 Side Yard(feet) 5 Side Yard of Corner Lots (feet) 5 Rear Yard (feet) 10 Rear Yard of Cul-de-sac Lots (feet) 10 Lot Coverage 50% Height of Structures Main Structure (feet) 36 III. SPECIAL CONDITIONS: All regulations of the Single Family 10/24 set forth in Article 3, Section 3.4 of the Comprehensive Zoning Ordinance (adopted as of March 2021) shall apply except for the following: 1. Maximum number of residential lots not to exceed 20 lots. 2. No alleys shall be required within the Planned Development. 135 08/10/2021 Item G. 3. All homes within the community shall have front entry garages. 4. J-swing garage entries are not required. 5. All common area lots shall be owned, and maintained by the Homeowners Association in perpetuity. 6. An HOA maintained 8'minimum wide sidewalk shall be constructed as generally depicted on the Zoning Exhibit to provide a pedestrian connection from the cul-de-sac to the Oncor easement and future trail. 7. There exists, at the time of this zoning, a line of 32 live oak trees (The Tree Line) located approximately 15'west of the east subdivision property line. No more than 5 of these trees shall be removed,for any reason,by the land developer or the home builder. Removal of trees by the homeowner shall conform to City of Wylie ordinances. 8. A 10' easement for a right turn deceleration lane shall be dedicated at time of platting,pending need and approval by TxDOT. IV DESIGN CONDITIONS: All regulations of the Single Family 10/24 set forth in Article 3, Section 3.4 of the Comprehensive Zoning Ordinance (adopted as of March 2021) shall apply except for the following: A. Land Design Standards 1. No public open space easements are required in the Planned Development. 2. In order to preserve the current mature tree growth,there shall be a variable 10'-25' landscaped buffer along Parker Road. The buffer shall include a 6'masonry wall built as generally shown on the zoning exhibit. 3. Desirables, as listed in the zoning ordinance, shall not be required. B. Street and Sidewalk Standards 1. No curvilinear streets shall be required in the Planned Development. 2. A mailbox cluster shall be provided in the subdivision 3. Streetlights on decorative poles every 350'placed on the street throughout the subdivision. C. Architectural Standards 1. At least 20%of the facade shall be offset a minimum of 1'either protruding from or recessed back from the remainder of the facade. 2. The minimum masonry percentage shall be 85%overall. The remaining 15% shall be cementitious fiber cement material. 3. 2nd story front elevation set back over brick shall be allowed with cementitious fiberboard. 4. A front-facing hip roof which faces the street, and which comprises greater than 35%of the total width of a house's facade shall be broken up with dormers or other architecturally compatible appurtenances. 5. Each single-family residential unit shall have a combined patio and/or porch total covered area of a minimum of 150 total square feet of floor area. 6. Minimum of 8:12 front elevation roof pitch on front elevations, except 3:12 roof pitches on porches/patios or doiiuers. 7. In order to encourage variety, the exterior facades of houses on the same side of the street shall vary within every 4 houses. The same exterior facade of home cannot be directly across the street from each other. When a house is constructed, the same combination of brick, stone, masonry-like materials, and paint shall not be used on other houses within four(4)lots on either side of that house. This shall be monitored by the Architectural Control Committee. 8. Each garage shall incorporate at least two of the following architectural features: 136 08/10/2021 Item G. a. Sconce lighting b. Decorative banding or molding c. Decorative overhangs above garage doors d. Eyebrow soldier course over garage doors e. Decorative brackets on garage doors f. Columns flanking garage doors. 9. An 8'cedar fence shall be required along the rear lot line of all lots that adjoin the east subdivision line,by the home builder. To the extent possible,the builder shall coordinate with property owners along the eastern boundary to avoid `double-fencing'and the creation of dead space. 10. Each residential dwelling shall have an established front lawn with 1 tree and 5 shrubs. Each residential dwelling shall also have a minimum of 1 tree in the backyard. 137 08/10/2021 Item G. EXHIBIT "C-1" 18 08/10/2021 Item G. 43 PARKER ROAD '' A9Pn06.4 0&mshB -. ` _ �......,,,..,M ..............v �,:. ..,...a....m. 0 .... d Exms :s2nr._1N" ` - , _1; wens, ; ' ® ® _.,- t,r "1`E a .�. , .« .., •° y �E p QUA... .../, Ei' tan_t2 water Ve lie Fa t vai Ee ne • -- `."_ 25HCt}tltattorLandscaping _""_. i25'HOAlottor1ends i:n� r , PONT OF f3EGINN NC r kr fi R 6° GaserrTr aS 4 a°Masonry srry 4Va[t w s { 6 t ., 31 b pi € : EXISTING ' �R' ,04^STORY€IR4' M X ® ,' _- 20 .F' ' ' - & ., .....; Haan N ' _ E.Pm it � 120';Typeaf ,., c9+ce 50' w 401 4) 18 ' • ,; Exista,...ng 5, is 4 ' B ' 5 ii i1 w 50, 6 00 ' 15 25'0,°4-2 .&. , rrv.Q or o ` . x Existing Wye Inlet- �_� Dr`R aga as a 7Rt5t Xistdng 24"Storm newel- 'Y , Prtopesed Storm sewed ' 8.,: . s tom' 10 U1e(I#y easement .� FxiSthng 9"vaster- t35`4 % 55 3 —► walla tag © 8 V ens Proposed FitrtH ,rant 9 4 t 11 ,. AN eX$"hF6 p..,. 5015 if"s p8 ,'... ��nn gg ayg W 2ryq ryt V 6T5 �'! „T#..R.58'f.�& VS CO Ti '/. t8. i.t 6tri�n}Ft`T ,. VOL 5?3 , P6 139 08/10/2021 Item H. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 100-5181-56570 Prepared By: Glenna Hayes Subject Consider, and act upon, the award of a professional services project order (PSPO) #W2021-59-E for the Wylie Downtown Traffic Impact Analysis (TIA) to Lee Engineering, LLC in the amount of$149,100.00 and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion The purpose of the Downtown Traffic Impact Analysis (TIA) is to develop a strategic plan for enhancing Downtown Wylie. This project incorporates Historic Downtown Wylie as well as areas immediately beyond (such as Brown Street and SH 78, and Ballard Avenue and SH 78), to help visualize how Downtown will grow, and the impact the surrounding areas have on the downtown area. This study addresses traffic, pedestrian circulation and safety, parking convenience, and implementation strategies by collecting data,developing and testing multiple alternative scenarios for reconfiguring downtown collectors and intersections, and comparing the benefits and projected costs of each alternative. Staff reviewed the qualifications of firms in Category J Traffic Engineering and determined Lee Engineering LLC to be the most qualified firm to complete the Wylie Downtown TIA study. This Professional Services Project Order is issued under Master Agreement for Professional and Engineering Services (MAPES)#W2021-8-E-J. Wylie PSPO#W2021-59-E Financial Summary/Strategic Goals The scope of work for this project and its subsequent fee was negotiated based upon a request from the City of Wylie City Council and is funded from Combined Services. Supports the strategic goal of Infrastructure. 140 08/10/2021 Item I. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 611-5711-58910 Prepared By: Glenna Hayes Subject Consider, and act upon,the approval of the purchase of a Closed-Circuit Television(CCTV) security system from Schneider Electric Buildings Americas,Inc.in the amount of$57,473.00 through a cooperative purchasing contract with Omnia Partners, and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion Staff recommends the upgrade of the existing security system at the Public Works building(949 Hensley Lane, Bldg. 300). The upgrade will include the purchase of 13 exterior and 2 interior bay area security cameras to support a closed-circuit television(CCTV)network.In addition,card readers will be installed on three exterior doorways and one interior double door (lobby). This upgrade will reduce the need to provide individuals with keys, as well as provide better security for inventory materials and the City's SCADA (Supervised Control and Data Acquisition) system which monitors and controls the water and wastewater stations. This project includes licensing and installation. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Amnia Partners#R170504/Wylie W2021-94-I Financial Summary/Strategic Goals Budget: $65,822.00. Expenditure: $57,473.00 The upgrade of the existing security system at the Public Works building supports the strategic goal of Health, Safety and Wellbeing. 141 08/10/2021 Item J. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 100-4000-49210 Prepared By: Glenna Hayes Subject Consider, and act upon, the award of Bid #W2021-61-B for the Sale of Real Property located at 802 W. Kirby Street, Wylie, Texas in the amount of$3,000,000.00 to the Wylie Economic Development Corporation, and authorizing the City Manager o execute any necessary documents. Recommendation otion to approve Item as presented. Discussion The City currently owns a 4.67-acre parcel located at 802 West Kirby in Wylie, Texas more specifically located at the northwest corner of F.M. 544 and the Kansas City Southern Railway Company railroad crossing which is approximately 640 feet west of the intersection of F.M. 544 and State Highway 78,Wylie,Texas. In 2016. the EPA completed remediation through. its Superfund Division of the current site previously owned and operated by Chemical Recycling, Inc. (CRI). A "Ready for Reuse Certificate" was issued by the EPA. Further, the City of Wylie has assigned a Municipal Setting Designation (MSD) to the site and is currently enrolled in the Voluntary Cleanup Program via the Texas Commission on Environmental Quality to address ground water contamination created by CRI operations. Staff has determined that the sale of this property for commercial use would best serve the overall development plans of the City. An independent appraisal was completed ($2,847,950.00), and the Invitation to Bid for the Sale of Real Property was issued. The City received one (1) offer in the amount of$3,000,000.00 from the Wylie Economic Development Corporation which included a"Statement of Intended Construction and/or Use of the Property." Staff recommends the award of Bid #W2021-61-B for the sale of real property to the Wylie Economic Development Corporation in the amount of$3,000,000.00 as providing the best overall value to the City. Financial Summary/Strategic Goals This item supports the strategic goals of Economic Growth and Planning Management. 142 08/10/2021 Item J. f.1 WY& OF LI BID FORM #W2021-61-B Wylie Economic Development Corporation Jason Greiner1 Executive Director Please print Bidder or Agent Name 972-442-7901; JasonWyiieEDC.com Telephone number and email address 802 W. KIRBY STREET,WYLIE,TX 75098 PRICE BID PER SQ. FOOT: $ 14 .75 approximately *TOTAL PRICE: $ 3.000.000. 00 *Approximately 4.6700 acres (203,425 sq.ft.) Lot size and valuation are subject to final appraisal documents. Three Million and 00/100 Dollars (price in written word prevails) A 4.67-acre parcel located at 802 West Kirby in Wylie, Texas more specifically located west of F.M. 544 and the Kansas City Southern Railway Company railroad crossing which is approximately 640 feet west of the intersection of F.M. 544 and State Highway 78, Wylie, Texas. Abs A0266 E C Davidson Survey,Tract 3,4.67 Acres Bidder must attach a statement of the intended construction and use of the property. Please see"Attachment A"as provided on next page. W2021-61-B 143 08/10/2021 Item J. Bid Packet #W2021-61-B Wylie EDC Attachment A Statement of Intended Construction and/or Use of the Property The Wylie Economic Development Corporation (Wylie EDC) is funded through a citywide half-cent sales tax that is collected from over 220,000 consumers in our retail trade area. The Wylie EDC facilitates corporate relocations, local expansions of existing businesses, retail/commercial development and revitalization projects that lead to the creation of new jobs and the generation of additional tax revenue for the community. In that capacity,the Wylie EDC is submitting this bid for the property described herein, generally located on Kirby Street near the corner of Highway 78 and FM 544. The Wylie EDC is an ideal candidate to select for this bid since we also own the adjacent property to the west. With controlling interest in both properties, the Wylie EDC would have the ability to properly develop the site as one large redevelopment. The intended use of the property or overall redevelopment project will consist mostly of commercial development throughout the entire 12+AC site.Wylie EDC Staff will replat the properties to align with the median-opening and provide access through the Wylie EDC owned property. Cross access can be achieved with adjacent properties to the east and the City's northernmost property. Along the 544/Kirby Street frontage,Staff envisions one Multi-Tenant Retail building with a drive-thru QSR on one side and a patio restaurant on the other endcap. The remaining pad will facilitate a larger Full- Service Restaurant Pad and it will be marketed as such for the next several years. Our intent will be to locate national credit tenants, or strong regional brands that diversify our restaurant offerings to the citizens. The remainder of the site will consist of various commercial uses like retail, professional office suites or medical office developments. The site can also accommodate larger users if we allow flex warehousing along the northernmost tracts.These building will look 100%commercial,but they have a mixture of office and high bay warehouse to accommodate different uses.Staff would like to limit the semi-truck traffic,so the intended use will not add significant truck traffic.The Wylie EDC will work closely with the City Staff, Planning and Zoning Commission, and Wylie City Council to develop this property in accordance with the comprehensive plan and will adhere to the current zoning and restrictions from the MSD. The Wylie EDC has several active projects that are looking for land along FM 544 and this property will make an ideal location for those users. If you have any questions regarding the future development of this property, please contact Jason Greiner via telephone at 972-442-7901 or via email at Jason@ WylieEDC.com Below/Attached, you will find one of our original conceptual plans that show the full potential of the site if its master planned by one single owner. 144 08/10/2021 Item J. Bid Packet #W2021-61-B Wylie EDC Attachment A Concept#1- restaurant pads, two-story office, hotel/condo,and flex office/warehousing _____ __— _—_ ____ DALLa AREA RAPID 1RANSIT clog') .------------ i f . ! — ! I . 1 — i 1 — 4 I.„_„, i — .ACOMVUO6 WILMS ia I 'i etataaWalielaft6 S.* .000,40,gaatiMid6 _ M —: mutz m4.,mott M I 1 7. = ,.....,.. _ N 1 '1 1 ' :1 : 1 , : —j 1 I ---,4 FM 54/ 400MON i 40'M 541 A001116N : ACK1.1-5 1 1 1 1111 ' 1 111W 11 1 l'A INIII 14, . I lei -7-7 ,----------, :.-,c--"--------1' 70/„,,, ,,,i. p.L11,14.ILILL0-,H: W.I.L.li I \sj I 1 1 1 L 4, 14 1 10 i 1 M 51 021OfIlli 20.000 5,24111.0.Mi 1 ''ir 8 al- 1 PM 544 6001110N r _ „ t, .. ! :: :,..,, "... , -, (t :ri 1 0.92 AGM '11* — i 41;kj ,,,i,,i,„, , ' ::',;.".int' :7.1 .•:., i: — . g , , .4.8... , •. riT777,777-fri---7111711 ..J-J ' : 7:1 (x = 1 1 2zul' if— — M U 11.11 0.' APE D 11S AGNES —.....- "A°•••••°‘I ° ° MDNOVIUMBE " AG" EC°ENNINANAMMININ 1 = 1 =i i 1 — 604 544 4001410N giI i 6 ' — 10, .4Hh41:46. J 4,4''441 (41 ri rfrr[ I ( k ,7 _.) , : - Sti, Ili = I g 1,.1 L__..: i „AllIk — 47_,_ : ,_,,,..: 3 ! 1,.1_,_. .:., :71.„ ig ,} 47 1 ,.., lit :: FROP0600 : - :1 ti4fAZI, i' 4.125 00 i . ,. t i ,..,N4; i t ........„F : to:3o, 1 :Poi ,,, : ft : , — .614 AtiOlflON i 1,44 51:4 A0011110N = t i!t4 , -- ,.19 Ae.,,, * 1 1 1 1114tIrit I 1 H-4 I 1: rimmilirrni , i i twi.........___, F.M. 544 145 08/10/2021 Item K. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 100-5211-56040 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the renewal of an interlocal agreement for Jail Services for Class "C"Misdemeanors with Collin County Detention Facility, Collin County, Texas, in the estimated amount of$1,000.00 through an interlocal agreement, and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion The original interlocal agreement with Collin County Detention Facility for the housing of persons accused of or convicted of a class"C"misdemeanor. This agreement provides additional resources for the City at the rate of$58.80/day/inmate. Staff recommends the renewal of this interlocal agreement with a term of 10/1/2021 —9/30/2022. Collin County Detention Facility Court Order#2020-649-07-20/City of Wylie Agreement#W2020-86-I. Financial Summary/Strategic Goals This item is in support of strategic goal Health, Safety and Well-Being of Wylie citizens. 146 Proposed Inmate per day Expense Entity Impact 08/10/2021 Item K. FY 2020 Inmate FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Days Utilizing FY Entity Actual Paid Actual Paid Actual Paid Actual Paid Actual Paid Actual Paid 2022 Adopted Rate Anna $ 4,257.19 $ 3,489.50 $ 3,768.66 $ 4,606.14 $ 4,395.09 $ 4,543.88 $ 4,204.72 Anna ISD $ - $ - $ - $ - $ - $ - $ - Baylor Scott&White - - - - $ - Celina 1,674.96 1,674.96 3,210.34 1,674.96 3,589.86 2,271.94 $ 2,102.36 Collin Co.Community College - - 139.58 - - $ - Community ISD - - - - - $ - DART - - - 209.37 - 188.94 $ 174.84 Fairview 697.90 1,186.43 1,326.01 1,256.22 188.94 98.78 $ 91.41 Farmersville 4,466.56 5,443.62 3,140.55 3,000.97 3,873.27 1,284.14 $ 1,188.29 Farmersville ISD - - - - $ - Josephine - 69.79 209.37 - - 98.78 $ 91.41 Lavon 348.95 907.27 348.95 837.48 1,133.64 790.24 $ 731.26 Lucas 279.16 348.95 - - 94.47 - $ - McKinney 75,442.99 88,005.19 73,349.29 63,090.16 70,285.68 36,977.85 $ 34,217.80 Melissa 3,559.29 5,024.88 2,512.44 3,768.66 3,495.39 3,457.30 $ 3,199.24 Murphy 2,931.18 2,652.02 4,885.30 3,419.71 3,400.92 4,642.66 $ 4,296.13 Parker 139.58 139.58 209.37 418.74 - 395.12 $ 365.63 Princeton 5,094.67 5,652.99 12,283.04 5,304.04 7,935.48 5,926.80 $ 5,484,42 Prosper 279.16 1,884.33 1,954.12 2,372.86 3,684.33 4,247.54 $ 3,930.50 Prosper ISD - - - - - - $ - St Paul - - - - - - $ - Westminister - - - - $ - Wylie - - 2,931.18 3,978.03 7,179.72 2,271.94 $ 2,102.36 $ 99,171.59 $ 116,479.51 $ 110,128.62 $ 94,076.92 $ 109,256.79 $ 67,195.91 $ 62,180.36 Rates $ 69.79 $ 69.79 $ 69.79 $ 69.79 $ 94.47 $ 98.78 $ 58.80 #City Days 1,421 1,669 1,578 1,348 1,157 680 Federal Inmate Housing $ 1,118,594.12 $ 905,525.25 $ 919,901.99 $ 821,360.10 $ 952,492.33 $ 1,179,869.74 $ 1,254,164.03 #Federal Days 16,028 12,975 13,181 11,769 13,648 11,944 Facility Utilization %County 94.90% 95.54% 95.99% 96.41% 96.16% 96.38% %City 0.41% 0.51% 0.43% 0.37% 0.30% 0.19% %Federal 4.68% 3.95% 3.58% 3.22% 3.54% 3.42% NOTE: CARES Act funding was used in FY 2020 to cover a portion of Public Safety salaries.This savings has translated into a lower daily rate for FY 2022. We expect the expenditures to return to normal over the course of FY 2021 and FY 2022. 147 08/10/2021 Item L. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Various Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2021-40 amending Ordinance No. 2020-44, which established the budget for fiscal ear 2020-2021;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. Recommendation Motion to approve Item as presented. Discussion The budget amendment request has three items: Two of the items are related to February 2021 winter storm URI which severely impacted the State of Texas. 1) The City of Wylie,through the Texas Coalition for Affordable Power(TCAP),has a Commercial Electricity Services Agreement(CESA)with Gexa Energy. Our energy costs remained stable throughout the winter storm. However,the storm's impact resulted in higher than anticipated Ancillary Services costs that were billed to us under the"Ancillary Services and Nodal Basis Adjustment" specified in our agreement with Gexa Energy. The cost for these Ancillary Services is$230,249.This cost will be split between General Fund(70%),Utility Fund(20%)and 4B Sales Tax Fund (10%). 2) NTMWD's power bill for the Muddy Creek WWTP far exceeded a normal power bill, totaling $500,733 for the month of February. This cost must be shared between the City of Wylie and the City of Murphy based on the FY21 Adopted Budget flow allocation. Wylie's portion is 71.32%which amounts to $357, 123,fully charged to the Utility Fund. The third item is to amend the budget for revenue received from the federal government from the American Rescue Plan Act. On July 1, the City received$3,049,825,which represents 50%of the total funds to be received from ARPA. Financial Summary/Strategic Goals The net effect to the General Fund is a positive $2,888,651 which will become part of the General Fund Fund Balance. The net effect to the Utility Fund is an increase of expenditures in the amount of$403,173,reducing the ending fund balance for FY2021. The net effect to the 4B Sales Tax Fund is an increase in expenditures of$23,025, also reducing the ending fund balance for this current year. Page 1 o 1 148 08/10/2021 Item L. ORDINANCE NO. 2021-40 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2020-44, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2020-2021; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No. 2020-44 setting forth the Budget for Fiscal Year 2020-2021 beginning October 1,2020,and ending September 30, 2021; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2020-2021 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by foiuial action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2020-2021 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2021-40, are completely adopted and approved as amendments to the said FY 2020-2021 Budget. SECTION II: All portions of the existing FY 2020-2021 Budget and Ordinance No. 2020-44, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid,illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, Ordinance No.2021-40—Budget Amendment (Gexa,NTMWD,ARPA) 149 08/10/2021 Item L. nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 10th day of August, 2021. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2021-40—Budget Amendment (Gexa,NTMWD,ARPA) 150 08/10/2021 Item L. Budget Amendment Exhibit A Gexa Energy Costs Fund Department Account Number Account Description Debit Credit 100 5181 56610 Utilities-Electric 161,174.00 611 5712 56610 Utilities- Electric 46,050.00 112 5625 56610 Utilities- Electric 23,025.00 230,249.00 0.00 Budget Amendment NTMWD Energy Costs 611 5719 56640 Utilities-Sewer 357,123.00 357,123.00 0.00 Budget Amendment American Rescue Plan Act 100 4000 43150 Federal Proceeds 3,049,825.00 0.00 3,049,825.00 151 08/10/2021 Item 1. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Hold a Public Hearing,consider,and act upon,a request for a change of zoning from Neighborhood Services(NS)to Planned Development(PD), amending PD 2015-17,to allow for commercial development on 2.00 acres, located east of and adjacent to 650 Country Club Road. (ZC2021-17) Recommendation I otion to approve Item as presented. Discussion OWNER: HT country Club SS owner&Vamsi Malgrieddy ENGINEER: Morrison Shipley The applicant is requesting to amend Planned Development 201.5-17, consisting of Neighborhood Services (2.62 acres) and Self-Storage (8.4 acres),by adding two adjacent acres for additional self-storage and RV/Vehicle storage parking spaces. The proposed Planned Development adds three covered RV parking carports measuring a combined 35,206 sq. ft.,two drive up self-storage buildings measuring 4,400 sq. ft.,and 25 uncovered RV parking stalls. The Planned Development requires all RV/vehicle storage areas over 6,000 sq. ft. to be sprinkled. A masonry wall shall also be required surrounding the 2-acre northern tract with a minimum height of 8'. The site is to be accessed via a 24' access drive connecting to the existing self-storage development.There have been previous proposals to develop this 2.0-acre site as light industrial storage or apartments;however,due to the limited 24'access easement and visibility to Country Club,those proposals never materialized. The properties adjacent to the subject property are zoned agricultural with a Special Use Permit to the north(WISD bus barn), Neighborhood Services with a Special Use Permit to the west(flooring store with additional storage),Neighborhood Services to the south(existing self-storage site), and Reservoir#5 to the east. The subject property lies within the General Urban Sector. The proposed zoning and use are compatible with the existing development surrounding the subject property. Notifications/Responses: 12 notifications were mailed; with one response returned in favor and none returned in opposition of the request. Should the request be approved,the approval of a plat and site plan is required prior to development. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. 152 08/10/2021 Item 1. Financial Summary/Strategic Goals Planning Management 153 08/10/2021 Item 1. i_ocator Ft/Iap •410'. '409` „'b„ „„,, .,Y �:mtr`, �* .i „�, ' ' A+a,0040, ,,i.' y,. .. .. ", ^, *ILL: 0 ... �"44412 .. '1409,1,' 4' n '^'R' �," �408 ., '*1' 605b 0 .i 1°N',45*603 € °gyp i .a ,, • r, ,, 4041 '£ 1414" r,p,.. "'"'$, ", r ;;." ".e< ,fix' .a a,k` � r„ 406 W m 600, .601 -' 60 4 .i , 1 ,.m • , "4„w "1, .�i '';'^'.""".i n406 ,., 4'0 4"'At 06 b 405 "' ; �m ^60 46, , a :„ ,, ", "4,.,,•,, . it 1413 u+ �� � �� '404 �'� so1, ,. .. « „, ` , EC KMONT"DR. h ",: "' i �,. 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MASONRY m L "°°{ p°/}ah a7 .' a°L#°pa,ra}ao4 °b # i §;°°iF I: ,°L#sT¢a,faq o a,p.°¢. ED L0' 4i' so' 120,.., 0' 160' 6, LZ xrs IMN, �� N l°a[TFis Bw VF -� ssTaacx 1 INCH=90 Ff. CPO ar a x3a va °s " i71 n FM San i _ z)v xs cov RED v , o I 91 � va _ _ _ _ _ _ a o. c 2 BLDG.SF TABLE Sa MT NO Na. / cnRvour caav s.mx N rsx� ' ; Ti sx°o as cos a BUILDING SF BLDG.HEIGHT ,180 zoos f , r n n \� DRCCT - 14,370 w n .. zr - xs ,256 e08 RI 4 2 2eo rF.,,°F. �,200 IRNFRIIV PI DG. ems, �° F� ,200 Dnrvt uv ni Da.... • o.a� w _t L_ IFI- -- _..RIM MIL __ _ _.: MgtNAll TOTAL: 6SF ^' 89"43 00"E 528.02' , is „ eroc.e r ncn ou mee _ 0-02368 57 9_., , - ry ""„' ' SITE SUMMARY TABLE a.. a R=293786 EF cNr B a XISTING 20NING - VICES,,,,,,, ,a2 .. f x^ e�aP,�.c.c. sus � > _......����re���������������rr 7 ESLOT ORAGEUSE, PARKING/92PROPOSED SE: 4,400 CA PORTS: 35,206 5 5 4�... I TOTAL FOOTAGE: 35 20A SF Es E 41„ ,A "sre I ////// I 8 LANODSCOAPE AGE: AREA 11,291 SF(12.9%) 11161 N 006111236 w ° �.� g �o - - - PARKING TABLE S 89+301 W 277 vi — --- -- 29-79 cxoss ...n v n VORA E co Na c e 001001N aEi,, '" ""Cfl05i eoo tars Pace,s eP.Pccr `" "O=" '"`'s"re ° SPACE 40' TYPE QTY. ^=f^�n"'°°" nor re °°" " ^a* i2.5'X 40' COVERED 24 ram( •- \ N 12.S X40' OPEN......... 1 \ 0 7r 7 / ^' 12.5'X 35' OPEN 1 ,� :f '1 / mF 1 /////////////////// a,- A 12.5 X 30' OPEN 23 E //////�////� 12.0 x30' COVERED 27 :71: ."�°,oQ tPo au a & j s .I_ P COVERED o a r xreFlnAN�ns � TOTAL 85 I m0 � : h agoa �� ��... ym r O`N — Ms4' 5 y. I + m✓re,PACE 7 � �. OQ M 2 4"^ J a y g J % I El '4i _ ti O N �O — N _4 �'" g o �yy V e e � 24 Q. FL J 77 '�. �4 366 079. S s" OR <5 4040 ACRES -, 0 e @ 1 =6 iv oreBrov re,area o r so re. oG s e m p .. '^ RP' 01 I EXPANSION CONCEPT PLAN 04 oo� '. .... �� I -- - SCALE:1 =40 FT......... s 4.k __, „„„ ,,, . , 8 ,8,„4„<,,,,,,„,,,,, / AC a, nm / s 'd 4 "a_s EXISTING FACILITY SURVEY 6Y DAVIS LAND SURVEYING CO INC any roc F o v"oors sre _. 6Pff, m 83893809 W 517.77 NOTE A., s eeh3 os, e tlJ x- CONCEPT PLAN IS FOR OWNER REVIEW ONLY,NOT FOR CONSTRUCTION,PERMITTING,BUDGETING,CRY own '\ \ FB {_ APPROVAL PURPOSES.FINAL DESIGN TO BE COMPLETED BY REGISTERED ARCHITECT/gVIL ENGINEER, PROJECT: HINES EXPANSION I WYLIE, TX !RELIABLE COMMERCIAL CONSTRUCTION ht ps://rellablecammerdalcom CONCEPT 04-DATE:07.14.2021 retail o commeroal o mdustnai o self-storage 155 08/10/2021 Item 1. EXHIBIT"B" CUBESMART PLANNED DEVELOPMENT 2021-17-PD-NS I. PURPOSE: This Planned Development District shall be established to amend PD-2015-17 to include the 2 acre tract shown on "Exhibit "C". II. GENERAL CONDITIONS: 1. Uses permitted in this Planned Development District are as allowed in the Neighborhood Services District, except as follows: a. Self Storage is permitted by right. b. As part of the storage development, one ancillary caretaker's quarters is permitted on Lot 2. c. Outside covered vehicle storage is permitted as shown on the concept plan. 2. A minimum of 25 parking spaces are required to serve the storage development 3. Exclusive of pedestrian gates for access and maintenance, masonry walls a minimum of 8-foot in height, are required between buildings A and B, B and C, C and D, D and E, E and F, F and G, and G and H. 4. Exclusive of pedestrian gates for access and maintenance, masonry walls a minimum of 8-foot in height, are required surrounding the northern 2 acre tract shown on Exhibit II l5. Both the real and self storage components must be constructed simultaneously with one phase. 6. No onsite repairs allowed. 7. All covered RV/Vehicle Storage areas shown on "Exhibit C" must be sprinkled where covering is greater than 6,000 square feet. 156 Notification Map 08/10/2021 Item 1. KENNFDY DR —.. —._ ._. _w_ _. . :___ .. ,, _ ...� // , I.I .._. ,li0h t605 16Q31 f601 1 670 d.._._ H 75 [;)grv2way• �•%. i• 1 '• j I % iI I ®♦♦�9♦!♦!♦♦!♦ti►♦=♦®♦g♦g♦=♦!♦g♦g♦g♦!♦g♦!♦p♦- I Cr 4 o ♦♦♦♦♦♦♦♦. !!!♦ art+!• !!!!♦♦!♦♦♦!!•♦ 1 • ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 1 ♦!!♦♦!!!♦!!♦!!♦♦!!♦♦!♦*414ot♦`♦•♦i♦+♦♦!O,►,♦♦!�♦�♦♦♦�♦!♦♦!♦♦♦♦♦ i ♦♦♦♦ ♦ ! i♦i ♦ ♦ • ♦ i 1 455 •`.` 456 'rI _._._. 4u 405 Driveway 454 16,5 N A 391 _ w BROWN Sr ZC 2021 -17; CubeSmart Self Storage Expa •si i n Platinum Storage) . ��, I a Cr •, 1 1200 Foot Notifcation Buffer ��♦�♦�♦�♦�� Subject PropertyIN , , .4,, 1. "` ^, ' C I.......Y o I L...11 u 0 115 230 460 690 920 Feet WY L I E 157 08/10/2021 Item 1. lot PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 , Wylie,Texa 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2021-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2021-17. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission-meeting:y Tuesday,July20,2021-6:00-pm— Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 10,2021 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: eaese4)0Ulc. AAi)'f r please pri Address: at. r I )COI )4) c- - sr VV.1 t . zor.7. q a Signature: Date: Al, Ito'If 47/ 1 158 08/10/2021 Item 2. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject I old a Public Hearing,consider,and act upon,a request for a change of zoning from Agricultural District(AG/30)to Planned evelopment-Single Family(PD-SF),to allow for single family development on 1.83 acres generally located at the southwest corner of Brown Street and WA Allen Boulevard. (ZC2021-19) Recommendation I otion to approve Item as presented. Discussion OWNER: Absar LLC ENGINEER: ND & Associates The applicant is requesting to rezone 1.83 acres located on the southwest corner of Brown Street and W.A. Allen Blvd. The property is currently zoned Agricultural. The reason for the requested rezoning to a Planned Development is to allow for seven single-family lots that generally continue the existing and adjacent single-family zoning along W.A. Allen. The Planned Development keeps the 10,000 square foot required minimum, but allows for a minimum lot width of 50' and increased rear setbacks of 50', due to the depth of the property. Additionally, the applicant is proposing to increase the dwelling unit minimum square footage to 2,800 sq. ft. in lieu of the 2,400 requirements in the zoning ordinance. The properties adjacent to the subject property are zoned agricultural to the north, single-family residential to the west and south. The properties to the east are zoned neighborhood services and single-family residential. The subject property lies within the Sub-Urban Sector of the Comprehensive Land Use Plan. The proposed zoning and use are compatible with the Plan. Notifications/Responses: 23 notifications were mailed; with one response received in favor of the request and none received in direct opposition. Should the request be approved,the approval of a preliminary plat is required prior to development. P&Z Commission Discussion After some discussion regarding not requiring additional fencing in addition to the existing alley fencing, the additional 25' rear setback(total 50')to address privacy concerns,and addressing the proposed aesthetic(the property is subject to a building materials development agreement filed March 2021),the Commission voted 6-0 to recommend approval. Financial Summary/Strategic Goals Planning management 159 immocator Map 08/10/2021 Item 2. tn" Y,��'WY,'R"�y'°4` ." ';i»°;,, q�, , -m � ,.., 4" ','».:' , - ,,y „ 3V':`. " '".;..«A" «, ;°"';,. ;w�" �� m `ro f'`�,;,h�6°k„,„� ayrn4 � , ',' ��ua,,,, '"' A, ,.¢`"- +NO,' ,r,: .1+ ~,Art 1011 f ^, , rlVeW8,,„;'. .O"`,: .. 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"� . 1065' �' ,, r+aar ^ ,,, b209� 5 I ' :' " , , xLr`k1u a ?a = aa^,. ijiarw1`Cta{SrK.�'nw.v9"if"a'k` k"''ra�..,," ° ZC 2021 -19; Garden Homes; 1012 E Brow S '';',''' ,_',.''''.1. ..,, .1. • , ...,. ...... ,.....,, Subject Property `,,, ' ^ �.`' 0 1 w. I�.r ` " y �-6 �,r WYLIE � t,' � �_°0 125 250 500 750 1,000 Feet ^ �`' „;, ;= 160 08/10/2021 Item 2. W. A. A[ L EN BLVW c Ws' 6" R�cHT OF WAY) �1 w ' 2/ --- 364.42' a Q aoPtFrY6LINE 48 53 W -- o0 o w 0 - cb \— ci -- ,.. z z ODD, � zs'eL----_ - 0 0O,- i I __ - CQ 0 I I I _� j��j 12� I w Q cv C qa o } Z I 1 I X00 Mgrn Li F- - a n wz o '— n O s ..; o o I I I o I o a CD O es I• N I 1 s 1 I I n�. LJ a I oz1 ---LJJ 50BLDG. LINE Q I w5115s E nm� I I 1 �N0 -+-Nri i o VICINITY MAP NOT TO SCALE _ I I I �O 15' WIDE PROPOSED ALLEY I PROPERTY LINE _ 1 12 E, . RTC 45' NO2°50`a2"E 383. owners statement: WYUE. IX a — 52' 52' 0° The Ow h wed r t F —. - 5'-0" and aPP d th' plan e 1RED LOT AREA MIN 10,000 SFT EACH _ SE LOT AREAS IOT AREAS In square feetREQU mE �, � OT#1 3,708 SITE PLAN DRAW.TITLE•< Y Ol¢2 0,047 SCALE :1"=16'-0" LO 11#3 10,048 U \� SITE PLAN LOT#4 iQ049 0/ 5 10,051 • OT6 0,052 SHEET NO LCT1#7 10,467 Al-0 161 08/10/2021 Item 2. Exhibit `B" Planned Development Conditions "Garden Homes" I. PURPOSE: The purpose of this Planned Development (PD) is to allow for the continuation of development of single family detached homes along WA Allen. II. GENERAL CONDITIONS A. This Planned Development District shall not affect any regulations within the City of Wylie Zoning Ordinance, current or as amended, except as specifically provided herein. B. All regulations of the underlying Single Family 10/24 set forth in Article 3, section 3.2 of the Comprehensive Zoning Ordinance (adopted as of April 2021) shall apply except for the following: Planned Development - Single Family (PD - SF) Lot size (Minimum) Lot Area (sq.ft.) 10,000 Lot Width(feet) 50 Lot width of corner lots (feet) 55 Dwelling Regulations Minimum Square Footage 2,800 Yard Requirements - Main Structure Front Yard(feet) 25 Side Yard (feet) 5 Side Yard Adjacent to Street (feet) 20 Rear Yard (feet) 50 Lot Coverage 50% Height of Structure Main Structure (feet) 40 Accessory Structure (feet) 15 162 Notification Map 08/10/2021 Item 2. 31 i 6: ONCOR LAVON 1 G11 WYNDHAM SWITCHING i ESTATES STATION / PHASE 3 > ., a ,,, ...•«................,....,, 1013 +, Driveway e ., It . BROWN ST __ . ° _ _.i.__w.._._____ ♦.♦.♦♦.♦..♦♦♦.♦♦♦.. _ . C___ 111 s• .00.E iiiI ����������� FIRE 210 1_' 1 1a ` ii�iie��i�i�i�i�i� SHELDON DR ���®o�.�elloii STAT N IRE i004 1 ►�i�►�►*� 4NO 3I 1011._ ������41010 0 8 * iiriiiIIIIIIti ������� " STATES ' . j � =.:.._... CJ ._ \ 2 ._,, PHASE '1 ,.,. _ '20 t ��_?oad �__i LL _. ESTATESKREYMER I ' �:1`I &ER t I- 116 y 111 211 1 I. 111.3E �120Li f T. PHASE 2 ` s 111 .__...__ I _.._. f"S"Y "S PARK n. 1t l " 1 .'� '112 II f fi .., ...' i16 ......... ...: -,* 1063 1055 10571 10a1 F_ [ I 1 _ . EASTRI E - -� 0 I-.+ , ; �]7' 103 r CD Wit'' 1 U50 11052 r L i1 1-- I I 1i ___ 1 ,,r, "._. n 106 04 I 7,, L .r--.._ ,-_,10 19E120 0/ / _ - 10 n 1f13° ..i ,,i0,)6,i �.. 1 '11 2111 [ E OAK ST ZC 2021 -19; Garden Homes; 1012 E Brow S I ,,, t,, .04-4 , I I , Irv/ .,,,_. _ ,.- 4, „ ,..i., 200 Foot Notifcation Buffer ����������� Subject Property 2 N......._.,� ,'' "'".5' 1 0 Wit• k.J sr N 0 87.5 175 350 525 700 Feet WY L I E ' �` i I I I I I i I I I I ,.. , ',, 163 08/10/2021 Item 2. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2021-19. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2021-19. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,July 20,2021 6:00 pm Municipal Complex,300 Country Club Road,Building-MO,Wylie,,Texas Date,Location&Time of City Council meeting: Tuesday,August 10,2021 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: &'`n/N, Ji\Ct ( (please print) V` - Address: ( l3 I v V'A Ant, 1 V c) Signature: .— Date: 6) • 230 • Z0 7 COMMENTS: ( - e)A:LA-) -A. 0.1\..Q_Aaincti-Qx? pAJArict OffiA,A.0-3 6)4 -Ars (1%02,01 g--Apes 4 f 1 r 0-0( ,d, `'' j ,A-n�.�' c *as).- pAziwt.12 p Ae-fteg._,34 a _ 42y A p A -I IA-le_Ow tat,- iipesty, 164 7/19/2021 City of Wylie Mail-Case Number 2021-19:Concerns from 102 Lyndhurst 08/10/2021 Item 2. WYLIE Case Number 2021-19: Concerns from 102 Lyndhurst 1 message Kyle Johnson Mon, Jul 19, 2021 at 4:24 PM To: planning@wy ietexas.gov Planning and Zoning Commission, I'm writing to express my concerns about the proposed zoning change for the Garden Square Townhomes, case number 2021-19. My home is at 102 Lyndhurst Dr and shares a property line with the lot in question. I have a few concerns that I don't see addressed on the materials provided, therefore I cannot say that I am for this zoning change but if my concerns are addressed in a satisfactory manner I could be fine with the zoning change. I just need to understand the answers to my concerns listed below: 1.Alley Privacy& Noise- I hate the thought of having an alley right on the other side of my fence. In my experience living in homes that had alleys that's where problems especially those of a criminal nature occurred. My home has windows that let light in throughout the day only 20 feet from the fence. The idea of anyone being able to walk up and down the alley and peek through the fence into my house is a real problem. In addition to the privacy there will now be noise from vehicles including large trash vehicles right behind my house. I don't want to be disturbed by early morning trash or recycling pickups right behind my bedroom window. o My Request-Convert the existing neighborhood boundary fence to a board on board fence that is the same height as the existing fence and re-stain it on both sides. The board on board fence would also reduce the noise coming through the fence. 2. Privacy between old homes and new homes -My lot sits about 5 feet lower than the proposed site for the townhomes. I suspect the townhomes will be 2 stories. That will make it far too easy to look into my backyard or have a direct line of sight through my windows. o My Request- Plant mature deciduous trees between the townhomes and the Kreymer Estates homes along the fence line, large enough to block the view from the townhomes into my yard or looking into my windows. 3. Resale Value- I have a second story balcony on the back of my house. Whether I am in my backyard or on that balcony I currently have views of very large mature trees. I am extremely concerned about that view changing to looking at the back of townhomes and that in turn impacting the resale value of my home or even just the length of time it takes to sell my home. o My Request- Plant mature deciduous trees between the townhomes and the Kreymer Estates homes along the fence line, so that the view from my home is not townhomes. 4.Alley Maintenance-When the homes were first put in on Lyndhurst, neighbors further down the street were told they had to take care of lawn maintenance on the alley side of their fence. This is completely unreasonable given that we have no easy access to the alley side of the property line. Any maintenance on the alley side of the fence between the properties in question should not be the responsibility of the Kreymer Estates homeowners. o My Request-The developer, whose decision it is to pursue adding an alleyway, must commit to all maintenance on the alley side of the fence line on behalf of the future owners of the properties they are developing. I'll plan to attend the meetings and I hope that there are satisfactory answers to the concerns posed above. I can certainly be moved to accept the zoning change as long as the developer is properly addressing the concerns of the neighbors. Thanks, Kyle Johnson 102 Lyndhurst Dr 165 08/10/2021 Item 3. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject I old a public hearing, consider, and act upon, a request for a variance to the distance requirement for alcohol establishments from a church or house of worship to allow for a distillery,property located at 702 N SH 78 (VC2021-01). Recommendation Motion to approve item as presented. Discussion The Applicants are the owners of Herman Marshall Distillery,currently located in Garland,Texas.The distillery owners want to move the business to Wylie as two of them are Wylie residents. The applicant's preferred site for the distillery, located at 702 SH 78, meets the zoning requirements for the use with the exception of the distance from a church/house of worship.The Church is located at 701 N SH 78,which is a property adjacent to the proposed distillery site. The distance from the church to the distillery is —200 ft., while the zoning ordinance calls for 300 ft. separation. Texas Alcohol Beverage Code(109.33e)allows for a municipality that has enacted the allowed distance requirements to grant a variance to that requirement. The applicant is requesting a variance. If approved, the applicant has stated that improvements will be made to the site including the removal of most of the chain link fencing, additional trees, shrubs, and other landscaping, along with another building for barrel storage. Staff has not seen the specifics of the site, which may require P&Z Commission approval. Additionally,the applicant has stated: Business hours are M-F 8-5; open to the public Sat. 10-6 There will be approx. 15 employees There will be approx. one delivery truck per day(non-semi) Notices were mailed to all property owners within 200 ft.At the time of publication one comment form in favor of the variance had been returned. Additionally,the EDC has had contact with the church leadership and reported they are not opposed to the variance. 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' tiA`a n400.4444414 ri *,aY V / 08/10/2021 Item 3. PUBLIC COMMENT FO• (Please type or use black ink) Planning Department 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for VC Case#2021-01, I am AGAINST the requested variance as explained on the attached public notice for VC Case#2021-01. ....„„„ Date, Location&Time of Planning&Zoning Commission meeting: Tuesday August 10,2021 at 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas ,-,-..--- Name. o 6 (,„,is.print) i-,1 i R „„i I it,. Address: ____ 1/4,11_ S_A '„I _ 1 el , Signature: „/: / i Date: )1-COMMENTS: rn— ------ 168 To Whom it May Concern, I am writing this letter to show my full support for the group know as Firewater Investments. I believe they are an organization that fully embodies the Wylie Way. They have relayed to me their plan to support the community which will help Wylie grow and thrive. Their commitment to partner with local businesses will also help contribute to the success of other businesses, along with their own. Community involvement, community leadership, philanthropy, and synergy with local businesses, this is what Wylie needs in its business owners, and this is what Firewater Investments will bring. We understand what their business entails, and look forward to working with them to create a better Wylie! Sincerely, • j'. AK Krasniqi 08/10/2021 Item 4. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon, Resolution No. 2021-22(R) of the City Council of the City of Wylie,Texas, accepting the proposed property tax rate for the fiscal year 2021-22, accepting the calculation of the no new revenue tax rate and the voter approval tax rate, establishing August 24, 2021 at 6:00 p.m. at the City of Wylie Municipal Complex for a public hearing and vote on the proposed property tax rate, and providing for the publication as provided by the Texas Property Tax Code, Chapter 26. Recommendation I otion to approve Item as presented. Discussion The City is required by law to follow certain meeting and notice(publication)guidelines identified in the"Truth in Taxation" Tax Codes. In accordance with the laws of the State of Texas, the no new revenue tax rate, the voter approval tax rate and other information must be published and a public hearing must be held. This year's no new revenue rate is$0.643751 and the voter approval tax rate is $0.660365. The proposed 2021-22 budget is based on a tax rate of$0.643751 per$100 valuation.The proposed rate is the no new revenue tax rate and is $0.028828 less than the current rate. This rate reduction continues a ten-year trend of reducing the tax rate cumulatively by$0.25.5 or 27.6%. The proposed budget was placed on file with the City Secretary's office on.August 5. Any changes in the proposed tax rate will require revision of the proposed budget.The City Council is required to vote on the proposed tax rate tonight and publish the required information at least five days prior to the public hearing on August 24. The notice of public hearing will include how each council member voted. This year, the council may adopt the tax rate at the same meeting as the public hearing. If a tax rate is not adopted on August 24, a special called meeting must be held within seven days (August 31)to adopt a rate. [Tax Code 26.06(e)] The official detailed tax rate calculations are available in the office of the Collin County Tax Assessor/Collector,Kenneth L. Maun, in McKinney. Citizens may also find a five-year history of this information on the county website, collincountytx.gov/tax_assessor. The current year calculation will also be available at the Collin County Appraisal District's Tax Transparency Website, https://colhntaxes.org/. A copy of the calculation is also maintained in the Finance Department and will be posted to our website. Financial Summary/Strategic Goals 169 08/10/2021 Item 4. RESOLUTION NO.2021-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2021-2022; ACCEPTING THE CALCULATION OF THE NO NEW REVENUE TAX RATE; ACCEPTING THE CALCULATION OF THE VOTER APPROVAL TAX RATE AND PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE TEXAS PROPERTY TAX CODE, CHAPTER 26. WHEREAS, the City of Wylie has received the calculated no new revenue tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS,the City of Wylie has received the calculated voter approval tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the Texas Property Tax Code, Chapter 26,provides the specific procedures in which to consider the proposed tax rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1.The City Council of the City of Wylie,Texas,does hereby accept the rate of$0.643751 per$100 valuation as the proposed property tax rate for fiscal year 2021-2022. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 10, 2021, and accepted this resolution with a majority vote. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of August, 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Resolution No.2021-22(R)Proposed Property Tax Rate FY 2021-22 170 08/10/2021 Item 5. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Establish a date, time, and place to hold a Public Hearing on the fiscal year 2021-2022 Proposed Budget so that all interested persons may be heard,either for or against any item in the proposed budget before final approval.The date,time and place for the hearing and the final vote will be published in the City's official newspaper, as provided by the Texas Local Government Code, Section 102.006. Recommendation Motion establishing August 24, 2021 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Road,Wylie,Texas as the date,time,and place at which the Public Hearing will occur and Council will vote on the final budget. Discussion Texas Local Government Code, Section 102.006 and the City's Charter require a Public Hearing to be held on the 2021-2022 Proposed Budget. Council must establish a date, time, and place for the Public Hearing so that all interested persons may be heard, either for or against any item on the proposed budget before final approval. The date, time, and place for the hearing and the final vote will be published in the City's official newspaper and posted on the City's website. The hearing date must be at least 15 days after the proposed budget was filed with the City Secretary (August 5)and the notice must be published at least five days before the hearing. Staff recommends August 24,2021 at 6:00 p.m. in the Council Chambers of the Municipal Complex. Financial Summary/Strategic Goals 171 CITY OF WYLIE & YMCA PARTNERSHIP BRANDY PERRYMAN August 10, 2021 Frisco 2008 Eastside T. Boone Pickens Park South 1969 McKinney 1996 Branch YMCA Branch YMCA (not in study) Neighboring YMCA Cross Timbers 1985 Coppell 1999 Richardson 1972 hpark Irving 1962 Lakewest 1997 Grand Prairie 1993 Oak Cliff 1972 Moorland 1969 Waxahacie 1985 Cooper Street Southeast White Rock 2015 Moody 2016 Semones 1962 Lake Highlands 1999 J.E.R.Chilton 1982 Plano 2005 of so" m 'py A 1. qwv ■ E .'.� 1 ' i '�I ti..s' 4 , X 1 j 3qp {S �L t4 } ti �, 2 Today, over 60% of the YMCAs built in the country are accomplished through a partnership with a municipality, hospital, school district, developer… often times multiple entities collaborate. Suppose “WYLIE” is considering building a recreation center on its own. It is realistic to assume… Define the Value Proposition Facility Capital (construction) $15M Operating Subsidy ($1M annually) $20M Capital Equipment (and ongoing equipment investment) $5M Capital Maintenance ($100K annually) $2M $42M Define the Value Proposition = How the Y can help? STEP 2 Demonstrating the Value Proposition Define the Value Proposition: HOW? Facility Capital (constructi on) $15M Operating Subsidy ($1M annually) $20M $0 Capital Equipment (and ongoing equipment investment) $5M $1.5M Capital Maintenance ($100K annually) $2M $400K $42M $16.9M Value Proposition = $25.1 M (2 to 1 Community Partner Match!) Example Summary: Value Proposition for Wylie Define the Value Proposition: HOW? Value Proposition is $25.1M over the term of the agreement (20 Years) Projections are credible based on . . National Penetration Rate Averages National Operating Ratios Fundraising Feasibility 2 to 1 community partner match! So, what makes a municipality consider a partnership? Typically, it is a couple of things… Sticker shock…the cost of building and operating it on their own The desire to shift ongoing operating cost & liability to a third party The desire to have a YMCA in their community Common questions related to YMCA/Municipality Partnerships Can a partnership with the YMCA save our taxpayers money? •YES. Without a partnership, taxpayers bear 100% of the cost to construct, operate & maintain municipal recreational facilities •YES. The average municipal recreation center only recovers 50% of the annual operating costs •YES. Long term maintenance & un-recovered operating costs burden the general fund •YES. A YMCA partnership helps defray or diminish the strain on the municipality’s general fund Common questions related to YMCA/Municipality Partnerships Isn’t the YMCA a membership organization? Can anyone utilize a municipal facility that is operated by the YMCA? Yes, the term “member” is synonymous with “annual user” which is the terminology typically utilized in a municipal recreation center. Community members can choose to pay an annual or a day pass fee. Common questions related to YMCA/Municipality Partnerships Will taxpayers tolerate “YMCA utilization pricing” if they underwrite facility construction through property taxes? Studies have found that while taxpayers may expect below market pricing from a municipality…there is little or no resistance paying appropriate rates to a non-profit organization for quality services. The YMCA turns no one away due to the inability to pay. Edmond, Oklahoma Edmond, Oklahoma BOISE, IDAHO YMCA/LIBRARY/ELEMENTARY SCHOOL /CITY PARK/HEALTH CARE CENTER OWNERSHIP AND OPERATIONAL SUBSIDY Owns Land YMCA 21% Municipality 79% Owns Facility YMCA 25% Municipality 75% Operating Subsidy? YES 54% NO 46% PARTNERSHIP COSTS (CITY OF WYLIE & Y) IDEAL SCENARIO = 1) CITY PAYS FOR COSTS RELATED TO GENERAL LARGER MAINTENANCE ITEMS OF BUILDING, AC UNITS, ROOF, WINDOWS, PARKING LOT, OUTDOOR FAÇADE. 2) Y PAYS FOR COSTS RELATED TO GENERAL WEAR AND TEAR, FLOORING, LIGHTS, EQUIPMENT REPAIR AND REPLACEMENT. 3) ANNUAL BUDGET WOULD BREAK EVEN OR PROVIDE SURPLUS WITH NO CITY SUBSIDY START-UP SCENARIO = #1 AND #2 REMAIN THE SAME #3-CITY SUBSIDY FOR X YEARS TO DEFRAY CURRENT OPERATING DEFICIT POOL SCENARIO = WOULD WANT SEPARATE MOU WITH START-UP POOL FOR 1ST YEAR UNTIL WE SEE TRUE IMPACT TYPICAL CONTRACT DURATION VISION OF CURRENT REC CENTER 1)KEEP BUILDING AS IS, MAKE MORE GROUPX FRIENDLY. PROGRAMS ARE IMPORTANT BUT SHOULDN’T RULE THE FACILITY USAGE, MEMBERS SHOULD. 2)ADJUST POLICIES AND RULES TO ADAPT FOR FITNESS CLIENTELE 3)CHARGE A HIGHER MONTHLY MEMBERSHIP RATE 4)STAFF-PT STAFF WOULD HAVE THE OPPORTUNITY TO INTERVIEW, WE HIRE LOCAL PEOPLE FOR ALL Y’S. 5)THERE WOULD BE NO CHARGE FOR ADD ON FEATURES, TOWELS, CHILD WATCH, ETC. WOULD ALL BE INCLUDED 6)ADD IN AQUATIC COMPONENT TO MEMBERSHIP FEE WYLIE AQUATIC FUTURE -We are equipped to handle Aquatics, have 7 indoor pools and another 8 outdoor pools. -Aquatics does bolster membership numbers, especially in the summer. -Most cost-efficient aquatic facilities are outdoor. Any outdoor lap lane, splash pad, water park scenario would be ideal. We would prefer different bodies of water for different components. Outdoor lap pool can be utilized for 9 months in North Texas. -Would utilize a season pass/day pass cost feature with this to make more accessible to community. Would be a part of membership packages as well. -We aren’t against indoor pools, but they are expensive to operate annually without support. 19 YMCA MEMBER BENEFITS Group Exercise Classes: We offer great group exercise classes like Les Mills BODYPUMP, Yoga, Zumba, and Cycle –and they’re all included in your membership dues! Personal Training: Our certified Personal Trainers will add some accountability to your fitness regimen with a workout plan tailored to YOU. Child Watch: You work out and we’ll watch your little ones, no extra fee. Nationwide Membership: Become a member and enjoy any Y, any where in the U.S. Member Pricing on Y Programs: Members enjoy special pricing for programs like Swim Lessons, Youth Sports, Summer Camp, Afterschool Care, and so much more. Dallas Y Military Subsidy: Eligible military personnel will receive 20% off membership and waived joiner’s fee at all Dallas Y locations. MEMBERSHIP TYPES:WYLIE RC PLANO Y ONE ADULT $27/$22 $52 SENIOR ADULT $14/$10 $46 YOUNG ADULT (18-29)$$32 TWO SENIOR ADULTS $$65 TWO ADULTS $$73 TEEN $14/$10 $28 ONE ADULT WITH DEPENDENTS $$73 TWO ADULTS WITH DEPENDENTS $50/$40 $78 GUEST PASS: 1 –DAY, 18+$8/$5 $0 PRICING COMPARISON NEXT STEPS AND TIMELINE -Proforma deep dive for annual budget -MOU between the parties -Approval from Council and Y Corporate Board -Agree on Start-up Date We would be open to a timeline that is no less than 4-6 months notice but could extend longer if needed. Most of that time would be spent staffing accordingly, training, re-branding the building, changing policies, etc. THANK YOU 08/10/2021 Item WS2. , Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: Prepared By: Glenna Hayes Subject Overview of General Purchasing Methods Utilized by the City of Wylie. Recommendation Discussion Financial Summary/Strategic Goals 172 0811012021 It . `. ' . , . , . 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W1f,w,,,,L,tnnAn,44§45:25dd',14*0644400tn,,'„.4„44,4,0N$14.44,4,q:V„3,M.41,'„?,411,St,,,,44.4iMtktt40.„4 l.,,,,,,,,,0„,,,,,,, .t,,,,ps, ;;;;i1,,,„4,0v,,,,;u„,;40:40;;;,,,,t , ,-,,,,,,, ,,,Q4,,4kop„,,,;;,,,,0:,,,,,,,,,,,,:4,, / , ','''1':, ,,',,",, ,, ,', , ''''''''4',''''ainh4annninli',Vt`:4'.:•I'10',‘WX*•••:•'i''' ,A, • is Within 1-2 years 191 * n I August 10, 2021 ' Within 3-5 years P,, Within 10 years Staffing Presentation m More than 10 ENT I years I'll POLICE DEPARTMENT WYLIE ..a^T `'b^ m ^ :„' 08/10/2021 Item WS3. , : \, ..‘. ,, Not Elu l „,. e ,..,111,1,0.40,sif vir,,iv CITY �) F � wy L. E When will you reach eligi•bility to retiring? �t ,,,,,„,„„2,,,,,,„,,,,,„„,,,„.„,„,t,,,,,,,,,,,,,,,,„,..,i,„,,,,,,„„,,..„,,,,,,,,„„„:„„,„,„,,,,„„.:,,,,t,„sz,,,,,..,..4,,,,,..„,„,„,..,„,....„.... ... ,,,,,,,„,„,,„.„,,,„„,,,„,,,,,R,„,,,,,„,,„,,,,4„:„,,,,,,,,,,,,,,„,,,,,,,,,,,,,,„„„„,.,,.,,,,„\,,,.:„., ..I.,„ , ,1 „, „, , ,„ , , , ,,, s,.„,,,,,,,,,,,,,,,,,,,,,,,,,,„1,,,„„,„„,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,„,,m,,,,,,,,,,,,,,,„,,,,k,..,,,4,,,,..,,,,,„,,,..,,„,„„.„,.,,,,,,.‘ `ft,\.. e� *cI V >,v i Within 5 years Within 10 years Within 15 years more than 15 years Viikr POLICE DEPARTMENT Staffing Presentation August 10, 2021 192 WYLIE 08/10/2021 Item WS3. • NI '''',:=\'‘',,k1. ''''''''''' Not Currently El lciTY OF ,e g Do you plan on retiring once you become eligible? Y ,y ti �'"C''' l�vrkt 7}Dd�Vi"Vy�%(v�e`�Pf,4�1 car 1 yy r r P l rvt Ihr(r vV'v CC\tG Yet J4 a�lltyrvrr\ \t i ti9\ y` V rit),ptYa�tth\��t,Y1�:P\�1t�f+`jAJ�,i,�\t2v�vvli\t`'P\�;Vvijt Nlgi ,,��%r\�rvur4rv\,Vo\I���t`'iYq�, v1�dP1,ivr'rr,rPVr4 �i � �,'v5ll,r�v \, ,i }tV{ISUry \DQ}wV),ta\1 � 4y\91iViy VtuYal t�»J YI o trr,v�ri Su`iY��y n>r r , cl�� si �t\°va, �Wc, vlrs P {ryPvfJ,y}`gtir NJt�ilVPJ(1y5v�J\y\1'µYfoV�V'J,\\Yr1;�vy1,Vv' �D1\Dyii�";v\`� aV�4%gig�)�1+pyJ���' �°\1'Errs, DYV�\Vi��Yy iv Ylr v4\n�4 }�l��n�v4'r\�`\Y ; ")` ��\Y�v\"�°(r+Vs ru r,l Dlr1�,YX\�4 ydvn\ ,fit 1 t4 }i r t , r y{ ar Vvr VD �?t!}�'Y1��+vv����"" al1l�' ?\,M1rP��xvN��ar Vy��\��1\l �ayl�i�11l s4''r\C'}osi ,'�,; 1\ d, �' \ 2JY'lVt Vty'P� 1C�V 7�,P r4 f ''\11v P 1\ i\ JN � i l\v v vv;;% tly�\\v\';,'`i) ^r�,t��f sfCv r�4'y`\`yOV6ss�Y °�\S si 1tvWty\fit:. } D.t\,}v. »Py 1J„,v,'r wYSJ f11mw , , yi yl rldV��r 1v 11'IY `'v'°��?�fltir,V4ly&V?ryPV, r`,\Vtd Jr� �Sv'ly'd1i�'1\r\r ' h�sS Yes • No fN POLICE DEPARTMENT I Staffing Presentation I August 10, 2021 193 WYLIE WS3. 08/10/20 21 Item,f 4 _ lif Becoming Eligible ......., CI ire • ?l you retire? long until how eligible, F are TY (-)E Once you WY L 1 „„k„.•"",,,,,,t,"„,,,,*,,,N",,„,, ,, „,,,,,,,, , ,,, ,, , , , ,,, , , ,, , ,„1, „,,,,, , 4 , ,, 1 ,,r 4:)„, ...i.i,o..A.11.,,\.k Al*Alkk,4,w,i1Atit.:1.11;••***.%...Ato H , , ' , , ,,,,',' 3 /, ,' ''‘'‘\k‘;'';`..1'''''',..*ktkt,.... .%Zs°44iktlitz't,•.;:k4.4N,y;vikN\j:,,k,. ,,',,, , „„', , , , ,' ,,, , ' „ , „ , ,' , ', „ ,, , , ,,, ,,„„„,, ,, , ,,, , ' , ' ',' , , ',, ',,','',,, , ,' - ' ',' '',' ,, ,, „',, ' , ' ,,, ' ' ,, ' '' ,', ,','' ' ,,, ,, ,, , ,, ‘4,4,01,:}tA,:.:40;,.\zi.,IN,„vNz:).:,,,*..t,..'!t.V.i*N,',';'AltkF,itlkaz'zo,t.k .N.;f•%4'.:,i,:',i'4:.:.''.4:,"*.I.L.+Aki.'4,)!,,,*.isk, ' ' ,',' ' ' , , , „ ' ' , , ' t.„.tki,,*.,.‘,....kitz.w,,,,,,.:,k....,,,,Itif.,..,,,,t.S.t,„,....t..:...i...I 4,,,..4.,4`:!.?iiii:,.,;.",,.fs 1,4,,kki,,,i,..4‘,,,.:4.‘t,,,,,,,k,II.F'kl`4.,,,:s,,,tiltis:.,,,,,4...:,‘,4,,.i!.,,k..:...t,,,,,.?.?...'fiki,...k,,.at,p3k.‘,....!"k.:•,..:,`,,,,,,'`*tg,,I,,:,.,,,zik.,,c.:1I.r,.,,,:.‘t,...'‘,.,a„,ti*...\,,1 c\,v.\„:,z.,A.s.k.k.kki„,.!,,,,,,!,,..,ix,z:,,,t.,"*.,,,,,,,,.,,‘.\..A.‘Sit'''''4,"...,,..‘,,‘,.":,..'",'"\k,,,,,.‘*0'.*. ,i,!ck.k\t*.\,.,,I*L.''',1'4:...'k's'''.4'.''!8.4‘`‘''.,It',,''''' ,v..,,,,,,,.,,z,„<,,,.:\,‘„,„,„„,.,„,,,,4,.,..:,.,.., 4,‘4,....VA,.,,,,,,..tlf t*,,,X,A .z.,.. N,..•''''*..,,,k.,,45 \;41,‘T:...;1‘.:},) ,,,''''.. t,'1,,,,* \'''''.'s*''''k''$*,,,I.,.,',.*,.".'"tAk%,*'',•:%41As.gta**\k,Ai.1'•A.\**,\ItittNi\s'N,,\M'. ''''''AR, t,',,,,„*'4k4.§4.... ..1.,k,N,\'',,'''''''4**\*•.*‘..'.•••'‘'•'••''‘."-..'k t'''''''),',''SS'i'SidtWN.Ai;k4ItiNt•C`••••%•\''NO\.t:40,,,,I*VA,ki‘,V,Acs`,Wkit,\*Vs.Z.‘k kktilhiV*$,..\{....T.,'' 1 94 5 P 2 1 0 2° , m re than 5 years 1 August 1 , — Staffing Presentation less NT I years SIR or "POLICE DEPARTMENT f If WY LIE 08/10/2021 Item WS3. Departmental Overview etie • The department currently has 3 open positions. • Two employees currently attending the law enforcement academy. • Four conditional job offers have been given . • Three officers currently in the Field Training Program . • Fifteen officers currently eligible to retire. • Three in the next 1-2 years. • Five within 5 years. • Current attrition rate of 5.8 over past five years. IA POLICE DEPARTMENT I Staffing Presentation I August 10, 2021195 WYLIE 08/10/2021 Item WS3. ,„;, , •••f' ,,, , ., f =,„.• , , If:iv,,, ,,',..'..•S1'1, ''„,,,,,y1 IF,It Non -Certified C I TY OF ,' WYLIE NON-CERTIFIED TIMELINE , . PHASE 1 2021 2022 2022 2022 2022 1 . / OCT 1 NOV DEC JAN FEE MAR APR MAY JUN JUL AUG SEP OCT I NOV DEC 1 PROJECT Enter the date of the fust 1 i 4 11 14 25 i a 1k 22 tit 6 13 26 27 3 t 0 1 7 24 31 7 14 21 28 C 74 21 28 4 II IS PS' 2 9 16 23 30 6 .13 20. 27 A 11 IS 25 1 8 lb 22 29 5 12 19 26 k 10 17 24 at 7 14 21 28 5 1) IH 26 WEEK: Monday of each .1-onth-, NI-Job Postmg -Written&Physical Fitness TcHtnq -Mammal History Statement(Background Packet) 61 1 Hiring Process Oral Board&Chefs Interview MI Background Inyesttgatton -Psychologies/Polygraphy UP hysical Stgear-In Hitkorm tt Putapmunt , Law EnforceiTiont Academy r.- coin.,L,i CHM sr tat st Is,Alll iut it It ' • •, - ra,,,,Ar adorns 4' ' itt '-ti, Cdti out,o i Pi god Apprect r r Phitua Field Training Program rho, m. , PI tick k l' 1 'Pa' 't Chit tt miss^ 1/1 V! POLICE DEPARTMENT I Staffing Presentation I August 10, 2021 196 WYLIE 08/10/2021 Item WS3. Certifiedwith ,,,,,itiiiiitt7iii:-t-i kiiii i -ittii,"-ittifit i irli. , 4,,,,:,.,.',,i .,„,„0.:::',!;..',....'siii,(..* :, cI TY 0 F k;:),:t.::..,....::,..... . ..,-,:,,...,:.,„,,e!...„: i _ WYLIE 1' � .71,..t, ---iic„-H,'...c*:ik,''. CERTIFIED TIMELINE PHASE 2021 2022 2022 OCT t NOV DEC JAN FEB MAR APR I MAY JUN PROJECT Enter the date of t " the first 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 Monday of each i month--a -Job Posting ] -Written&Physical Fitness Testing -Personal History Statement(Background Packet) Lill I I i ] Hiring Process -Oral Board&Chiefs Interview 11111 -Background Investigation -Psychological,Polygraphy,&Physical111111 lt l o4 -Swear-In a i r pyfit ll illug -MiniAcad erny 1(f+M1t 4 nr l�l't m 1) k 4F1 . lat r�yy+� Y�q j +rrr u1„laGh°a„") i tdaa„rrk Pnr4 I` 6 t frA ,t,rbr "4 „` ..rJbsearvakiEan Period roYt( rsy�r etr f, �E,wr 1�rM f�v �trMr rtJ�U,Y� a iiigU� 1 t f + INby f ' � tl ' tt' fw r+�l"qt 'a!ti� t1v sal Training ProgramPhase 1 l h I4 " � rl 1 i a Rrr r ( � -=haT Iaoi�.-„ "„1 r4. R V . Ma p(�rra2sapM11 crt9 „.�,r 1 r Yt 1' Y o (Wt � l i °s fs wr,a a� m 1 hpUmuiV ee+ re„„`f krt d F div Id i pey„, , - hase �t�ti a.rW�,�b�oW,iNtayroar"'u8�? lAi �rPOLICE DEPARTMENT I Staffing Presentation I August 10, 2021 197 WYLIE 08/10/2021 Item WS3. Discussion of Two • Consider funding additional sworn positions above the current allotted number. • Will help address attrition • Reduces the amount of time it takes to replace an officer • Ensures shifts remain above minimum • Reduces overtime and officer burnout associated with backfill shifts ri POLICE DEPARTMENT I Staffing Presentation I August 10, 2021198 WYLIE � \\\\ r tit " ?'' ,,t 3Yz w"k� 9 °T q ugy .w. 8 a A. ,,;$st? U,l,:r"rtsr,'i{"=`,{`icjF,r't;;�,£ ''` A,-h.• ,^�7 Y g "s" `,Ya ^� 'a�°:a," ^ y , ,. a. #, _ ,„ ,,;; ,4;i,=.., 1'p,,,'{' 3a', .,��,�. ,'r. "rye `;�,,d ,' " "�k� ,� �o.+ , F' ,,„y,§ �' Rn'M 4 ,{h:„,*gt'iir 5"',p�•;�":i ',,r',;, _ • ,i"• A p.. _ . e r 4 08/10/2021 Item WS3. ti a �',;:'ry iO,A'xW.';. 'aG•^gy M@: ticlons!,:s, 4 p. '' r<° . 4 . ' !� ,fv _ '� __ ^", ' Irr‘ 111! , ., .._„, tiori - August 10, 2021 s *�_ r ATT §' `�a. ‘1,,,,,,,,.4 , n?,%,,,,,,,,„(:::,:011(:; ^ Tr1".,?'.,; VVY L I E Y _�, .4.4 4,44,44,4*,,,"*Kt.:440syrifi 4 ,0 .,. tmo ; ; °,a , 6,iro ,, aPo';., .,�R 1 ' ` �m„ "r ' 4a,.>.... ,,, ,, ��" �1':as „ � *as . „ ci, IIIMtt '' ^.,,. - - "'p'' i'Crjr,er4't•„q'.4;i4..4akt,1r0ktttarr..t.,00 4 dO,,,'a'Ir* ,t,'y,•rsfy r:•',.<;. M. .4'J , ., ]I, »i}r ~'E?.'.< _�' Ar Al.�;'.. �@� t. ro :�u,_,�,ti,s V=q;lv�a �S�r�ey' w,. r»>."4'rn .� , ir ra: tr,'.'. s`S�r'i:.r{' » x , x ' ,ta ,r,<,»"n'tr.,i`�r,i ' 'S>>���4`„�U> llc" 'r„ '.,,««'"u w�`er>°ir,.s':,v,c i, - Est`„u`,"'�' q.�dyp„" -a.'"»..,Y- iiYq ��. i: ..w`K._..ry,sn"1"'rn 4""'''a'"'"" b"" ",>tw° Y�; ^+oa.-wW '✓iL'^nti»`^---1 ',"�.. % 1 ., , " ` "`'"' .a*«1u, tea. r' 1'a ah?' '14,k ''d a' � y �� a"N w �§ ,.'"�*�'�,�i� "m 3,�,9,. � 'ye, aµ� �^tlik 'i "P�' w,itt ", , r . .m'�r mti ".. ,.".v Nm ry '�'« "*�' , 42.4 ,yY s ‘104,04 ° S a f p+^' a °tiw"M1l%"'• ": v ���,an'" rn^ ,r `�"'',�a" •�.vr,� r�` i�°N �:� ,'` a t�"' �,'.:, ,Y+t. ;g�f , ',,. Or 4'" • .'. " �" `� a ,8 ,' o.,, •;,N•r•,° ,d Xa. �,'" '' w,. 'a, N. ,, 3,,d,irf w r • x,,fir ,,,''4',m y'q,r w't` „y"i!,,. 'a �S i"?�L' 'p.r; ";a. '` '',' �',.uM ' 4. gyp, ,0y7r•$.'40,,,,,"�`^• t� c��i99 „ •y 4. , ^'t➢,* '. "'gym M .r..r�„ ,�a. "r. '{ N. w�,..>,A" f N`R' ''4�"t°.'7`, l' ,'�'� 'd 1 `& «••• • q :,asp �. «„."/ x yes„^. :YS• "''�m'4�,'r'a , 1 '" ,:r" '.a, �r,, &y .l '$t''n. 'R" ",u. ,x`hr'` .x ^,, m,•`"'', ' 08/10/2021 Item WS4. Wylie City Council CITY OF AGENDA REPORT Department: Fire Account Code: Prepared By: Fire-Casey Nash Subject ID iscuss Wylie Emergency Medical Services. Recommendation Direction from Council. Discussion Wylie Emergency Medical Services: Our current EMS coalition consists of Wylie, Parker,Lavon, and areas of Collin County. The system continues to grow rapidly and requires detailed planning. This contract is set to expire in October 2024, Wylie Fire would like to present and discuss the future options for providing Emergency Medical Services in the future in order to proactively plan for the near future. Financial Summary/Strategic Goals 200 ,�r�„ y>r,,; r �u ,.TnS:'a,„,' u a ., ,. ?^ .,. 'r: h" r„.0. the •. {„ y; ;; nr; a,tit1 � I, 5'Bi„ .rz,,,„�a>s, "." I,'a`. .� ��N�n;, ,. ,d \ ^.i a I,�y r, tII !A; x,s. ,.u..,, wM^ 'yy� A4"x°Y!• :,. ".,,filth '!.. iW' ..t rc�s .4mAW7 m, am^, i „ra,vrc " rryaliii `" 08/10/2021 Item WS4. awn q ry ak A YN • 'k'k fir" m 1 p 'q. "e fjAe r \4irltst 't 54f rk.s t , X `fir 1 "ma "': ,1,,. ''I" i;`;,.,Y.. , yr; ;. ,..� a : ems.' X'I q, �yyy��\ 1• h� ;Y: .,=n.. +t' ,q ear +� " d,,' �aaa,. �"A'r; ' 'x t yvw' n.',7 $1,^ ". M $ .0„� IN, „',. Akr � 1 .. , ;4:::. :4444, 4:: , , .4 4".„„ , ,,.,',I,:••*"4':„:\r;,':'"!',:,','II;'Il'':'''"' ''''\''' 1%kftl'2%•li'''" •,,l'I'•••• .„ „„,„ a ..„.„,„ , , , , ...0,,,---,,,.,, b ,�.'W'` 'dam M•aI ,.,'° „till Lap,,, ,t,,,,, `u ,:, ...,,..,�,"" yf.„.. ,. h'-a. � Id:� n' ', ,` II ,�I �VII� ''I �r'✓'R", +i, ..,.,v�.a:. ,t �' k "Yi«a"'. "�,� w�.c, x� .._, ,,.u. ,�i'�Ia '1''tir„ ,vis'tta�ti,';�`�;,"��'. a•I'a �.., .,.Iv,"'.dl� ,':nt I��,,^n.l „u�^*X'�„ :,yob.,a„�;, ,In,, ,�,% ,;f. .ate v,ma.;* a~be tY.w''t 9 � II R� �, .rS i�. #,o- yr£ .. ,�� .. I,',i"y„ra,;,.a�,,<,y „ `� �.., ���. �� �' � i�� J,�`,'�yii,'.;`fit':,+yiyi�rv�r��>",r�;'`;s�4>,�� �; ..,�*' S5„6,,,,),usif,trs"l,,,ss�tti,\�{'`liSS, ,s." sfsva,• ,%t+ram '. w.� ^ •�^• 'Via;^^wr tit Y f,.h,..1r NI* } }. ti S'w W' 1 Qdy i tilt.�''aiy7� -,�&„ ^: ?.'i �,; , ,„ i^,4?)3 <<raft€s1i'i'1'iY..<„r,14"f,1,�,nn„�,,,t}, ;'����, ,��`;p,1s Ss`,S` nqt„ Aga �"�� ,Y '^','"'d ", ts?�fiv�W,,�",:;,";,„,drr,>„tr>r#r,,^,,"sti„x;.a,=~ �o,r 1 ' ,I‹ y^9 m• I�:.e. 'IIII '. , ''�`.h4„4 ,1S„,..y<.ryay,r„�7?,, Attpts"I, u„S` _ .�0r. .I('I q� "'.ys;,ro-„f,;,,f,�,,„,)k4zfi,`s,,,,, .vi;,;?;7»,U, 5¢r„x" t l a. wv }tom`, t,3,.1 � ,u �" VI�' t++y=s„ 'ar" r" Xr,{ r,5 ,s siSi, ,l t1 x�r, .t' i „ �''''' .,,4s`�'„y;3, 0iSy;:i'Y{0 „'2'�y�{� .mw IX ;d. n� 1:tsr `„'„aX;iSa",s�,.a` .v~ht::`a`.�"5,ssv.;,t'4,;�,.",",ga�wn.t.xz�0,0000, ���r��' .4``'tz. tx� � u 1, 201 08/10/2021 Item WS4. • MispAtemit1tt ' , ,„ o . "4\ dedicv iding a progressive ...a ‘ d and equed eparme trained idpp 1personne he lives, property ar d environ o - �;° . ni# 4.444.44.44447.44. rW , M1a� x � 202 08/10/2021 Item WS4. We are looking for your input on the discussed options. Are there other options that council would like additional information on? Is the city council comfortable with the current model or would you prefer it be brought in-house? 203 ,fieffeeEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEMEEME 08/10/2021 Item WS4. •ve„ E,„. the w„.„„„„„ e„„, t„„„„„„ three years 2022 RFP Process RFP Timeline M 3 J 0 :t4 0 [1,417:114"4"trifirereitil= Gather RFP Requirements Craft RFP Conduct initial Evais Coalition Update su* tzto , 04*4 fottoirogrOwoontosetomogtx oti „0„. 4110401,00,5 71fiteRMOPM4440VeW,;7401,4410PON „, 4§i".7;4111!,It 2 04 08/10/2021 Item WS4. Illh 0 —he initial coalition agreement included Wylie, Sachsen Murphyo Lucas St. Paul, Lavon Parkerr and Collin County The current coalition consists of Wylie, Parker Lavon, and St. Paul, and Collin County 205 08/10/2021 Item WS4. History of 1 Agreement c , ‘ , , i 1 '‘ , , , '' ‘ 's, I.,. '\'1,' ' "' ? \ '',:;\ ''1 ' r # li Al I ' t , Paramedics ' his 111 , October 1997 Octobel 1st, 2014 Feb. 13th, 2018 October 1st, 20 9 October 1st, 2024 This date marks On this date our current On this date the The agreement had one This marks the end of the the first coalition agreement for agreement was automatic 5-year renewal current ambulance agreement with ambulance service went transferred from term that began on this provider agreement. East Texas EMS into effect. ETMC to date. Paramedics Plus. 206 08/10/2021 Item WS4. h „I bBreakdown ,,ru uw au " ' ^ h City Pop,ulation , Percent 'Subsidy y FY20 Pop FY20 % Lavon . ,211.54 3510 .00 Wylie 51p, , . 5 � . 49500 81.00% Parker , 9. 8 1,F 510. 3 4600 8.00% St. Paul 1,090 3)764.13 1 . 8 10 2.00% Collin County 2,61 4 9,013.19 751.104.00% 207 J 08/10/2021 Item WS4. . Cu re " '; ,�-. • All of our quints are cross-staffed with ./ r di !li pp • The art are equipped ..5.:v.,4, a advanced life support equipment the ' ambulances Our goal is to get quint or mar tothe F,Y,�M11 �,Y� �R '.ice patient quickly in order tobegin advanced care �4. , _� tj 14 and initiate lifesavingsupport quickly. 07; poll w 1 ,': 208 , ,, YYYYyyyy 4. 08/10/2021 Item WS4. --'--- 1 mli .ey lVp w.w�� N lui it i i I' i t oes the syste tbI How d ii,„, iiiiiiii�l m u IIII' , a r�a gy ,,,,Oar%"AA AA**,,,,,,, r ,,,._,:is I d M I I b„, � i �M { � ,„,,„ q k ii �t � p�Vie. 41 i"Ilry � a >t �i> S „ S, 4 BILEu' ,.li :.�J.. ikl-� MJUrye„p��y�y{yp��7pyv •`t,.,r'y4^ g�U` �o,. � � �y�>L �N„ iiouuuum 4'i:�el R#4d"��A i���li�������n�,� �� 22222 ,w: ww, ran, m.. -.,� ',���� i��iiiii�������;�������,,.a ';�.n'„ ..,, 4�i �P gip', "' ro i S etorht — d1 T I q I I d 91 `~y I 990 I ri' I, �,� � i I� -I. I t � a � �� � �n ��I� '��� �� �firefightersaI ���� � fire� � � e� �� ��'� air,':;har ., a''rn ��8°�'Mti�.�, ra,p,�i;jw,ll� AA AAAt .d ,fit "apu .a; a" .x ,�a ar a 4'v ",',,, ''r;^�IiXid»a�„":'�,�"'n,;,, ,,",''a ,'a ., , ne, ,wn., .*m':'+n�. S �,'' ,. e 08/10/2021 Item WS4. EMS Call Volume Our current ambulance contract expires in October 2024. 322, lllhllllllllllli�i IIIIIIIIIIh 3170 31 II We anticipate that EMS call l u will grow more rar)idly over the next five years due to both Wylie and coalition demand. 2 14 2215 2016 2017 201d 2219 2020 210 08/10/2021 Item WS4. or _ , _ 1, 1 - 182 calls . - 205 calls • 2 2 - 310 calls 202 - 254 calls (First 6 Months) 0508projected Medic 141 & 142 calls 211 08/10/2021 Item WS4. 1 . Establish FD based ambulance service utilizin -' firefighter/ Paramedics . 2. Initiate RFP process with the goal of maintaining the EMS Options current system (Private Vendor) 3. Establish a City of Wylie EMS Division 4. Become part of a larger .:. system 00 µ M® 08/10/2021 Item WS4. "",. ..... ' ' s. gym:.... 08/10/2021 Item WS4. tit �m Cons Pros • Most expensive option • Most common n municipal modelo Additional staffn g expenses • Compiete control and oversight of the Added responsibility of billing services system • Administrative functions brought in-house s • Employee retention will lead to better consistency • Flexibility with staffing 0 Cross-trained employees • Reduces wear and tear on apparatus • Increased availability of fire apparatus 214 08/10/2021 Item WS4. Alreadyinplace Net�s8r �d"d t or�i:. Y s . • State licensure for Personnel .... and apparatus St f fl • Medication and supply vendor �����... r agreements • Electronic Patient Care vt„ ..... Reporting p 9 • Technology +1 0 Heart monitors Su :l • Radios .. ... . ..... .. • Mobile Data Computers s etc. ... :... .... seeneemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteet 08/10/2021 Item WS4. i a . a ,:.. :.h.. ':":. h .. n ov community with high-quality EMS T� , : . . nt n: ....... ..... i h . . 'f. - . i ui: " is eel: tvendor 21 08/10/2021 Item WS4. Pros Cons • Familiarization Anticipated cost increase • Least amount of departmenta transition 0Paramedics Plus does not have the same • Historically affordable footprint or system support as FTIC • Many adn nini trative functions currently offered. handled by vendor For profit statusflongevity concerns. • If another vendor is selectee there will be several transitional challenges-- current 24 year relationship • IFS vendor exclusions 217 seeneeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteememeteet 08/10/2021 Item WS4. M'; l' will iM���iM�� I........ �.������ *.�� iiiiiii���ii ta w v ,e : '. d ° stea t'' . 1 08/10/2021 Item WS4. ptonti Pros Cons • Complete control and oversight of the Added expenses to the current model sys ter * AM adrriinistrative functions brought * Employee retention will lead to better in-house consistency • More affordable staffing than utilizing firefighter paramedics • Larger hiring pool • Dedicated EMS employees 219 08/10/2021 Item WS4. Alreadyinplace �et�sar avd"di11Ofl:. Y . • State licensure for Personnel . and apparatus . ....... • :.; :. Medication and supply vendor � .. : ............... agreements ovanc • Electronic Patient Care 9 Re ortin .. Reporting • Technology o Heart monitors n„ � . ,I . o Radios .... ... ...�..� ....... • Mobile Data Computers s etc. .:.. , . ........... . ...::.... . .. .. .::....:. .... . ..... ... . .. . ..... .. :.. 220 seeneeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteemeteememeteet 08/10/2021 Item WS4. ... changess.. .. .. oversight. 'ig 08/10/2021 Item WS4. w m a awwx iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii oi m ^. Pros Cons Least expensive of the options dedicated Wylie Longer response times Limited opportunity for Wylie Fire oversight 222 08/10/2021 Item WS4. 01,0 backpou„ tions 6i„ m oA. 6m. om . We are looking for your input on the discussed options. Are there other options that council would like additional information on? Is the city council comfortable with the current model, or would you prefer it be brought in-house? 223 08/1 1 Item WS4._ .. 0/202 2 s,:yaw' �d���aa"• J�u&III ..� pw, ,mow 611:''''', '" hw Adi x'. k'' ,' ' ,l. IP P S ... ..... � � gy �a Ihsm�;., .... ... .... .... . III,,, ....... .. .. ..; 44,1 40 ks:e. ,r!„4„1:14.1iri„,,,:1:0,,,4.,,,L,A,:r.A..I`r'rr"''r':,74;tiiik,,,;ki9\ra:til:',,,,r;:::::' \ 1.0 a gym, a.v ... ... fir,'"; Pk ,t. �.. .. ...... ... ......... III m ty, 1111111 ^ * Medical Contproei nses 08/10/2021 Item WS4. ,„, ,„„„:,: _,„ ,, „„ ,,, ,,,n,,,,,,,u,e,,,,,,„,,,,,,,,, ,,,,,,,,,,,-,,“, ,,,,,,,,,,,,,,,,,,,, ,,„„„„„, ,,,,,,, ,,,, ,, r r' ".""""""" '''''' '.., I ' ":,'“: '" ,,, R nue from lotion 3 m lk ces $33 , 3 per unit Annually o yUQ,QQQ el sonant l � $2,33 ,Qp3 iii i L1 lly I ruced P I'" �dl� �loiii�s �Ierdid �� �pplls �� , Q3/ mla � Q,QQQ F iol rd/Oxygen $2,40 ! r° Ily Implementation Cost $3,232,40Q m 225