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02-24-2009 (City Council) Agenda Packet 4,, Wylie City Council CITY OF WYLIE. NOTICE OF MEETING Regular MeetingAgenda February 24, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.-vv_ylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation and Proclamation recognizing retiring K-9 Officer Carlo's service to the City of Wylie. (J. Duscio, Police Chief) February 24,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. • Comments regarding City of Wylie Impact Fees. (Tommy Pulliam, citizen) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 10, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-07 authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2009, setting terms and stipend of service. (J. Butters, Assistant City Manager) C. Consider, and act upon, Resolution No. 2009-08(R) authorizing the appointment of Don High as Municipal Prosecutor for the City of Wylie effective April 1, 2009, setting terms and stipend of service. (J. Butters, Assistant City Manager) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of January 31, 2009. (M. Beard, Interim Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2009. (5. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearing 1. Conduct the first of two Public Hearings for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Avenue. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction(ETJ)of Wylie. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. February 24,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and place on file the Wylie Police Department 2008 Annual Traffic Contact Report. (J. Duscio, Police Chief) Executive Summary Texas Senate Bill(SB 1074)requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later than March of the following year. The 2008 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. 3. Consider, and act upon, authorizing the City Manager to execute an agreement between the City of Wylie and Brenda Martin to release ownership and liability of K-9 Carlo upon his retirement to Officer Brenda Martin for a fee of $1.00. (J. Duscio, Police Chief) Executive Summary K-9 Carlo has served the City of Wylie Police Department for the last 8 years. During his service he lived and worked with his handler Officer Brenda Martin. Carlo can no longer perform at an acceptable level due to age related health issues. This agreement between the City of Wylie and Officer Martin is to exchange possession,ownership,and responsibility for K-9 Carlo. 4. Consider, and act upon, approval of an Alternative Parking Agreement for 544 Industrial Park, Block 2, Lots 1B & 1C. Subject property being generally located on the northwest corner of FM 544 & Commerce Drive. (R. 011ie, Planning Director) Executive Summary The applicant is requesting approval for special off-site parking alternatives whereby the required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. WORK SESSION • Presentation regarding a recommendation from the Public Art Advisory Board to accept the donation of art by sculptor Herk van Tongeren to the City of Wylie. (C. Ehrlich, City Secretary) • Presentation, update and discussion on the re-design and functionality of . (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.071 Consultation with Attorney; A governmental body may not conduct a private consultation with its attorney except: (1) When the governmental body seeks the advice of its attorney (A)Pending or contemplated litigation; or (B)A settlement offer;or February 24,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 (2) On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Park Land Dedication Fees RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I cert5 that this Notice of Meeting was posted on this 20th day of February, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: wvvw.vvylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CI_41 TY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: Presentation Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: December 30, 2008 Budgeted Amount: Exhibits: Subject Presentation and Proclamation recognizing retiring K-9 Officer Carlo's service to the City of Wylie. Recommendation None Discussion K-9 Carlo has served the City of Wylie Police Department for the last 8 years. During his service he lived and worked with his handler Officer Brenda Martin. Carlo can no longer perform at an acceptable level due to age related health issues. Approved By Initial Date Department Director JD 12/30/08 City Manager m .21 1 lib Page 1 of 1 CITIZEN PARTICPATION IMPACT FEES IMPACT FEE STUDY Impact Fee Comparison Impact Fees Area Cities Impact Fees Based on 3500 Sq Ft Office Bldg Compared To Wylie Estimates are based on 1"Meter Road Impact %vs Wylie Water %vs Wylie Sewer %vs Wylie Total %vs Wylie Based on 3500 Sq Ft Office 1 "Water meter Garland $ 4,022.00 36% $ 35.00 2% $ 35.00 2% $ 4,092.37 26% Sachse $ 2,221.00 20%, $ 3,625.00 163% $ 2,346.00 112% $ 8,193.83 52% Rowlett $ 2,894.00 26% $ 1,715.00 77% $ 1,617.00 77% $ 6,227.03 40% water/sewer *combined *McKinney $ 5,539.00 49% $ 2,000.00 90% $ 1,116.00 53% $ 8,656.39 55% 70/30 split Plano n/a 0% $ 2,109.00 0% $ 559.00 27% $ 2,668.00 17% Rockwall $ 4,550.00 40%, $ 2,114.00 95% $ 391.00 19% $ 7,056.36 45% Allen $ 2,625.00 23% $ 3,000.00 135% $ 1,250.00 60% $ 6,876.58 44% Wylie /East $ 11,311.00 100% $ 2,218.00 100% $ 2,092.00 100% $15,623.00 100% Wylie /VVest $ 6,797.00 , . $ 2,218.00 $ 2,092.00 $11,107.00 Wylie differential 68% 20% 50% 60% Higher _ Higher _ Higher Higher Frisco (High Side) $ 18,809.00 Frisco (Low Side) $ 9,250.00 Southlake $ 2,811.00 wylie impact study Impact Fees Area Cities Impact Fees Based on 3500 Sq Ft Office Bldg Compared To Wylie Estimates are based on 1"Meter 120% 100% 100% ggitie 80% 60% 49% 40% 40% 36% . . 20% 23% 20% 0%0 0 0/o *McKinn Plano 1 Rockwal Allen Wylie Garland Sachse Rowlett eyI /East Series1 36% 20% 26% 49% 0% 40% 23% � 100% wylie impact study All City fees Converted Road Impact Fee sq ft pricing Per Sq Ft Road Impact % vs Wylie Per Sq ft Garland $ 4,022.00 36% $ 1 .15 4.47 sery units per 1000 sq ft @$ 257.00 per unit Sachse $ 2,221 .00 20% $ 0.63 Sq ft price bases Rowlett $ 2,894.00 26% $ 0.54 Multiple areas low.54 high 1.02 McKinney $ 5,539.00 49% $ 1 .58 Multiple areas low 1.58 high 2.33 Plano • n/a 0% $ - Rockwall $ 4,550.00 40% $ 1 .30 5.078 sery units per 1000 sq ft @$ 256.00 per unit Allen $ 2,625.00 23% $ 0.75 .75 per sq ft of envelope of bldg Wylie $ 11 ,311 .00 100% $ 3.23 4.47 sery units per 1000 sq ft @ $ 718.50 per unit / LI l 1" UI AI ITN ENGINEERING FEES Fees due prior to filing a Final Plat: Median Improvement Fee For irrigation,landcaping,and lighting of current or future medians ($31.63/LF of frontage along a thoroughfare) ($63.26/LF if developing both sides of the thoroughfare) Facility Agreement Payments,if applicable. (May not apply,consult with Facility Agreement Map for more info) Pro-Rata Fees,if applicable To reimburse the City or other parties for the installtion of existing utilities (May not apply,consult with Pro-Rata Map for more information) Fees due at Pre-Construction Meeting: Clearing 8 Grading Permit $50 00 Development Permit $1oo.00 Inspection Fees On Public Improvements for the project* Actual Cost of Water Improvements= Actual Cost of Sanitary Sewer Improvements= Actual Cost of Public Pavement Improvements(except firelane)= Actual Cost of Storm Sewer Improvements= TOTAL COST"of public infrastructure(sum of all the above)= Inspection Fee =Total Cost x 0.032 *Basis of fee must be supported by submitting a construction contract, signed by both owner and contractor or notarized statement,attesting to the true and correct value of construction improvements. **Note that this forms the basis of the 2-yr, 10%maintenance bond,below. Fees due During the Construction Phase: Impact Fees for connections(See chart,below) Due at time of meter purchase,paid to Utility Billing Department Water Impact Fee Wastewater Impact Fee Irrigation Impact Fee Meter Cost(s),set fee(s),and deposit(s) Roadway/Thoroughfare Impact Fees(See chart,below Due at building permit application,paid to Building&Code Department Exception: If existing facility agreement is in-place,this may be waived. Fees due at Completion of Construction: Sidewalk Bonds For 25% A Length of sidewalks to be installed by builders(in feet) B.Width(typically 4 feet) C.Area(SF)=A x B D.25%of Area(C) E. Bond Amount Value of 25%of Area=$4 x Value for D Street Lights(public ROM $8.80/light x 24 months Maintenance Bond A SINGULAR*2-year maintenance bond is required for 10°/a valuation (Use 0.10 x the sum of actual costs, from inspection fee above) *Pusuant to the provisions in the ALDC, each project shall only have one bond submitted(from either the owner or general contractor). Bonds from each trade involved in the project will no longer be accepted. Revised 08/07 Aillnitv,-,4,;, :eli CITY OF ALLEN ENGINEERING FEES N CHART Water / Wastewater Fees Water Meter Size Water Wastewater Irrigation Cost of Meter Meter Set Fee Deposit Impact Fee Impact Fee Impact Fee 5/8" $1,200 $500 $1,200 $80 $55 $50 3/4" $1,800 $750 $1,800 $105 $55 $50 1"Simple $3,000 $1,250 $3,000 $135 $60 $50 1 1/2"Simple $6,000 $2,500 $6,000 $260 $110 $50 2"Compound $9,600 $4,000 $9,600 $990 $140 $50 3"Compound $19,200 $8,000 $19,200 $1,560 $210 $50 4"Compound $30,000 $12,500 $30,000 $2,180 $320 $50 6"Compound $60,000 $25,000 $60,000 $3,860 $460 $50 8"Compound $96,000 $40,000 $96,000 10"Compound $138,000 $57,500 $138,000 (Paid at the time of meter purchase to the Utility Billing Department,after building permit has been issued.) Roadway Impact Fees PER DWELLING UNIT PER SF OF BUILDING ENVELOPE* Low/Medium Density High Density Commercial/ -'- Public/ Residential Residential Retail Office J Industrial Semi-Public $650 $400 I $1.50 $0.75 $0.60 $0.70 Service Equivalents,for information only: 1 0.62 I 3.74 1.49 0.98 1.12 (Paid to Building&Code Department at the time of building permit application.) *Note: Building Envelope includes ALL roofed areas(i.e,canopies)and all floors(i.e.if 3 stories,then multiply these values by 3). -('( ''''. ( C- t? / .- I Gi- Revised 02/05 Rockwall Land UseNehicle-Mite Equivalency Table DEVELOPMENT TOTAL SERVICE UNITS IMPACT CATEGORY LAND USE UNITS(X) (VEH-MI/DEV UNIT) FEE RESIDENTIAL SINGLE-FAMILY DETACHED D.U. 3.184227 $815.16 APARTMENT/TOWNHOUSE D.U. 1.797039 $480.04 RETIREMENT COMMUNITY D.U. 0.669496 $168.83 INDEPENDENT SR.LIVING FACILITY D.U. 0.586724 $150.20 OFFICE "% GENERAL OFFICE BLDG 1000 GFA 5.078460 $1,300.09 4,55( CORPORATE HEADQUARTERS BLDG 1000 GFA 4.771708 51,221.56 MEDICAL-DENTAL OFFICE BLDG 1000 GFA 9.664706 $2,474.16 U.S.POST OFFICE 1000 GFA - 7.368007 51,886.21 BUSINESS PARK 1000 GFA 4.396788 51,125.58 RESEARCH AND DEVELOPMENT CENTER 1000 GFA 3.473121 $889.12 COMMERCIAL RETANJSHOPPING CENTER 1000 GLA 2618139 5670.24 QUALITY RESTAURANT 1000 GFA 3.331693 $852.91 FAST FOOD RESTAURANT WITH DRIVE-THROUGH 1000 GFA 10.308967 $2,639.09 HIGH TURNOVER RESTAURANT 1000 GFA 4.793935 $1,227.25 GAS STATION w/CONVENIENCE MARKET 1000 GFA 5.933749 $1,519,04 CONVENIENCE MARKET WITH GASOLINE PUMPS 1000 GFA 3.640891 $93207 GROCERY/SUPERMARKET 1000 GFA 2.127405 5544.62 DISCOUNT CLUB 1000 GFA 2267498 $580.48 AUTO SALES 1000 GFA 1.999788 5511.95 VIDEO RENTAL STORE 1000 GFA 2.966792 5759.50 BANK 1000 GFA 9.165126 $2,346.27 PHARMACY/DRUGSTORE WITH DRIVE-THROUGH 1000 GFA 1.785939 $457.20 APPAREL STORE 1000 GFA 1.319663 $337.63 MOVIE THEATER SCREENS 10.811782 $2,767.82 FURNITURE STORE 1000 GFA 0.220906 556.55 HOME IMPROVEMENT SUPERSTORE 1000 GFA 1.254380 $321.12 HARDWARE/PAINT STORE 1000 GFA 0.965587 $247.19 BUILDING MATERIALS/LUMBER STORE 1000 GFA 0.895762 $229.32 NURSERY(GARDEN CENTER) 1000 GFA 1242254 $318.02 NURSERY(WHOLESALE) 1000 GFA 1.042840 $266.97 HOTEL ROOMS 0.691368 $176.99 MOTEL ROOMS 0.550751 $140.09 ALL SUITES HOTEL ROOMS 0.644496 $154.99 AUTO CARE CENTER 1000 GFA 1.856992 $475.39 QUICK LUBE SHOP 1000 GFA 1.845035 S472.33 AUTO PARTS SALES 1000 GFA 2.125878 $544.22 TIRE SUPERSTORE 1000 GFA 3.297261 $844.10 WHOLESALE TIRE STORE 1000 GFA 2.508294 $642.12 MINI-WAREHOUSE/SELF STORAGE 1000 GFA 0.465673 $11921 INDUSTRIAL GENERAL LIGHT INDUSTRIAL 1000 GFA 1.989699 S509.36 MANUFACTURING 1000 GFA 2.149452 $560.26 INDUSTRIAL PARK 1000 GFA 2.231000 $571.14 WAREHOUSING 1000 GFA 1.173200 $300.34 INSTITUTIONAL PRIVATE SCHOOL(K-12) STUDENTS 0.197863 $50.65 JUNIOR/COMMUNITY COLLEGE STUDENTS 0.142380 $36.45 UNIVERSITY/COLLEGE STUDENTS 1.158250 $296.51 DAY CARE CENTER STUDENTS 0.095509 524.45 HOSPITAL BEDS 1.903457 $487.28 NURSING HOME BFRS 0.322123 582-46 ASSISTED LIVING CENTER BEDS 0.322123 582.46 PLACE OF WORSHIP 1000 GFA 0.462396 $118.37 •THIS REPRESENTS TOTAL SERVICE UNIT EQUIVALENCY FOR LAND USES DU=Dwelling Unit NOT SPECIFIED IN THIS CATEGORY. ACTUAL EQUIVALENCY MAY VARY GFA=Gross Floor Area AND MAY BE DEMONSTRATED BY PROPERTY OWNER TO BE DIFFERENT. GLA"..Gross Leasable Area • 0(A__)lETT- ATTACHMENT 1 Cf Proposed Collection Rate for Roadway, Water, and Wastewater Impact Fees Percent of Maximum Impact Fees Collected Residential Non-Residential Roadway Impact Fees 25% 10% Water Impact Fees 25% 25% Wastewater Impact Fees 25% 25% Roadway Impact Fees Developmen Collected Roadway Fee per Development Unit Land Use Service Service Service Service t Units Average Area 1 Area 2 Area 3 Area 4 Singk Family Home Home $ 1,302 $ 1,644 $ 1,733 $ 926 $ 1,401 C4 ,Ayartment Apt $ 799 $ 1,009 $ 1,064 $ 568 $ 860 z General Light Industrial 1K SF $ 505 $ 638 $ 673 $ 359 $ 544 General Heavy Industrial 1K SF $ 351 $ 443 $ 467 $ 249 $ 377 Hotel Room $ 253 $ 319 $ 336 $ 180 $ 272 Motel Room $ 195 $ 246 $ 259 $ 138 $ 210 Church 1K SF $ 179 $ 226 $ 239 $ 127 $ 193 Day Care Center 1K SF $ 3,574 $ 4,388 $ 4,756 $ 2,541 $ 3,815 Medical Clinic 1K SF $ 2,520 , $ 3,183 $ 3,354 $ 1,792 $ 2,712 d ec General Office Building 1K SF $ 768 $ 970 $ 1,023 $ 546 $ 827 - Z, 9y Medical Office Building 1K SF , $ 1,887 $ 2,383_$ 2,512 $ 1,342 $ 2,031 Convenience Store (< 12 ps) 1K SF $ 455 $ 575 $ 606 $ 324 $ 490 E Convenience Store (> 12 ps): Pump $ 449 $ 567 $ 597 $ 319 $ 483 o Car Sales 1K SF $ 928 $ 1,172 $ 1,235 $ 660 $ 999 " Fast Food (drive-thru) 1K SF $ 5,168 $ 6,526 $ 6,879 $ 3,674 $ 5,562 Sit Down Restaurant 1K SF $ 1,296 $ 1,636 $ 1,724 $ 921 $ 1,394 General Retail lK SF $ 1,230 $ 1,553 $ 1,637 $ 874 $ 1,324 Pharmacy/Drugstore 1K SE $ 2,198 $ 2,776 $ 2,925 , $ 1,563 $ 2,365 Shopping Center 1K SF $ 1,024 $ 1,293 $ 1,362 $ 728 $ 1,102 Supermarket 1K SF $ 3,053 $ 3,855 $ 4,063 $ 2,170 $ 3,285 Bank(drive-in) 1K SF $ 6,343 $ 8,010 $ 8,442 $ 4,509 $ 6,826 Water and Wastewater Impact Fees R_esidential Non-Residential Water Meter Size (inches) Water Wastewater Total Water Wastewater Total 5/8 or 3/4 $686 $647 $1,333 $686 $647 $1,333 co 1 $1,715 $1,617 $3,332 $1,715 $1,617 $3,332 3;33Z 1.5 $3,431 $3,233 $6,664 $3,431 $3,233 $6,664 2 $5,489 $5,174 $10,663 $5,489 $5,174 $10,663 3 $10,978 $10,347 • $21,325 $10,978 $10,347 $21,325 4 $17,153 $16,167 $33,321 $17,153 e- $16,167 $33,321 6 $34,306 $32,335 $66,641 $34,306 $32,3351 $66,641 8 $54,890 $51,736 $106,626 $54,890 $51,736 $106,626 10 $78,905 $74,370 $153,275 $78,905 $74,370 $153,275 -� n-`apier 8 SUBDIVISIONS Page 18 of 20 to such limitations as may be provided by law, in addition to the use of impact fees. (2) Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. O. Impact fees as additional and supplemental regulation. Impact fees established by this section are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy. Such fees are intended to be consistent with and to further the policies of the city's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other city policies, ordinances, codes and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Exhibit"A" Maximum Roadway Impact Fees •- TABLE INSET: Impact Trip Per Impact Fee Fee Per Dwelling Maximum Adopted Land Use Daily Trip x Unit or = Fee Per Fee Per Development Category (1) From Th. Sq. Dwelling Unit or Th. Unit Table 5.4 Ft. Note Unit or Th. Sq. Ft. (2) Sq. Ft. 95.40% (3) Rural $183.69 X 10.0 $1,836.88 $1,753.00 Dwelling Residential per Unit Low Density 183.69 X 10.0 1,836.88 1,753.00 Dwelling Residential per Unit High Density 183.69 " 6.1 1,120.50 1,069.33 Dwelling Residential per Unit Commercial 183.69 3.620 664.95 634.59 per 1,000 Gross .15 ZJ 22 / o7 Sq. Ft. Old Town 183.69 X 3.620 664.95 634.59 per 1,000 Gross Sq. Ft. Business 183.69 X 1.970 = 361.87 345.34 per 1,000 Gross Park Sq. Ft. Industrial 183.69 X 1.970 = 361.87 345.34 per 1,000 Gross Sq. Ft. Public, 187.57 per 1,000 Gross Semi-Public 183.69 X 1.070 196.55 Sq. Ft. Note (1) - Land use categories taken from 2001 Comprehensive Plan (Land Use Assumptions) Note (2) - From previous Impact Fee Study in 1999 by Hunter and Associates. Note (3) - Maximum fee as a result of a fiscal analysis performed by Maximus Inc. Exhibit"B" Water Impact Fee Maximum Impact Fee per 5/8 Inch Meter Equivalent - Water TABLE INSET: 5/8 Inch I Adopted Fee http://library6.municode.com/minutes/DocView/13544/1/27 2/13/200� IMPACT FEE SCHEDULE 2 Rates for Roadway Facility Impact Fees Service Fee Rate Area Per Service Unit** 1 $637 2 316 3 294 4 63 5 367 6 700 . 7 256 • 8 700 9 218 10 612 11 a c„, - 257 12 288 13 366 14 353 15 700 /110 16 122 17 404 18 700 • *Consult the service area map to determine the service area. '"The "fee rate" listed in this column is the rate used to calculate the roadway facility impact ,° fee amount pursuant to Section 31.155(C). SCHEDULE 2 Page 2 Rates for Water Facility impact Fees Service Fee Rate Area* Per Service Unit`" City of Garland $25 • • • "The entire City of Garland constitutes one service area for purposes of water facility impact fees. ""The "fee rate" listed in this column is the rate used to calculate the water facility impact fee amount pursuant to Section 31.155(A). x. ATTACHMENT 1 Equivalency Table for Roadway Facility Impact Fees Development No. of Service Units Land Use Unit PerDevelopment Unit Residential Single-Family Detached O.U.' 2.85 Mufti-Family/Single-Family Attached D.U. 1.80 independent Senior Living Facility D.U. 0.69 Others not specified D.U. 2.85 Office General Office 1000 GFA2 4.47 Medical Office/Clinic 1000 GFA • 8.11 U.S. Post Office 1000 GFA 4.84 Others not specified 1000 GFA 4.47 ' '.- Commercial Retail Sales/Personal Service 1000 GFA 3.98 Restaurant, Fast Food w/Drive Through 1000 GFA 16.75 Restaurant, General or Limited 1000 GFA 6.95 Retail Sales w/Gas Pumps 1000 GFA 2.18 • Grocery/Supermarket 1000 GFA 3.60 Hardware/Paint Store • 1000 GFA 3.44 Auto/Motorcycle Sales/Leasing 1000 GFA 3.23 -New/Used1000 GFA Video Rental Store 1000 GFA 4.52 Financial Institution w/Drive Through 1000 GFA 16.71 Drug Store/Pharmacy w/Drive Through 1000 GFA 1.78 Apparel Store 1000 GFA 2.52 Landscape Nursery(Garden Center) 1000 GFA 1.89 Greenhouse, Commercial 1000 GFA 1.45 Home Improvement Center 1000 GFA 2.24 'Dwelling units 2Gross floor area in square feet .✓ ATTACHMENT 9 Page 2 Equivalency Table for Roadway Facility Impact Fees Development No. of Service Units Land Use Unit Per Development Unit Furniture and Appliance Sales 1000 GFA 0.33 Discount Club 1000 GFA 3.09 Hotel/Motel, Full Service Rooms 1.09 Hotel/Motel, Limited Services Rooms 0.84 Hotel, All Suites Rooms 0.71 Automobile Repair, Major and Minor 1000 GFA 1.83 Tire Store 1000 GFA 3.94 Movie Theater/Theater Screens 5.40 Self-Storage Units 1000 GFA • 0.78 Others not specified 1000 GFA 3.98 - Industrial General Light Industrial 1000 GFA 1.06 Manufacturing 1000 GFA 1.83 Warehousing 1000 GFA 1.53 Others not specified 1000 GFA 2.16 Institutional • Elementary School Students 0.03 Middle School Students 0.28 High School Students 0.26 Junior/Community College Students 0.30 Preschool or Child Care Center Students 0.15 Hospital Beds 2.34 Nursing Home/Convalescent Center Beds 0.38 Assisted Living Facility D.U. 0.38 Place of Worship 1000 GFA 0.49 Others not specified 1000 GFA 0.49 'Dwelling units 2Gross floor area in square feet Water& Wastewater Impact Fee Page 1 of 1 - Iaiio Site Map I Contact Us I Request Service I Resize Text I Espanol I �M 'Al HOME DEPARTMENTS CALENDAR NEWS CITY HALL ONLINE Home> Departments> Engineering>Development>Water&Wastewater Impact Fee Water & Wastewater Impact Fee Development Water&Wastewater WATER AND WASTEWATER IMPACT FEE Impact Fee Domestic meters require both water and wastewater fees to be paid. Floodplain Information Irrigation meters require only a water fee to be paid. Street Light IRRIGATION • DOMESTIC Requirements METER SIZE WATER WASTEWATER TOTAL 3/4-inch $ 912 $ 329 $ 1,241 meter 1-inch meter $ 1,550 $ 559 $ 2,109 11/2-inch $ 3,648 $ 1,316 $4,964 meter 2-inch meter $4,833 $ 1,743 $ 6,576 3-inch meter $ 9,757 $ 3,519 $ 13,276 4-inch meter $ 15,229 $ 5,493 $20,722 6-inch meter $ 30,366 $ 10,952 $41,318 i 8-inch meter $48,604 $ 17,530 $66,134 10-inch $69,943 $ 25,227 $ 95,170 meter Copyright 2005 The City of Plano. 1520 Avenue K, Plano, TX 75074 Map to City Hall Questions or comments? Email webmaster@plano.gov or call(972)941-7000. Privacy Policy :get teKtHE1P ( ,I /c) i Off n/9CT -� S : t allf�ud 1 M` p//� n/ ) J http://plano.gov/Departments/Engineering/Development/Pages/impact_fees.aspx 2/13/2009 , adl± .... ;a: t"itVii RF` ni,' 1"id t;. ° 'F.w,.pk "Fl 9N'l ., -. :*'� ' { „; p.. v; A / / Table 7 Land Use Equivalency City of Wylie 2007 Roadway Impact Fee Study Update / DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE CATEGORY LAND USE UNITS' RATE LENGTHS TRAFFIC` UNITS' RESIDENTIAL Single-Family Detached Dwelling Unit 1.01 3.0 0 3.03 Apartment Dwelling Unit 0.62 3.0 0 1.86 OFFICE Office Building 1,000 ft2 GFA 1.49 3.0 0 4.47 COMMERCIAL Convenience Stores/Gas Pumps 1,000 ft2 GFA 60.61 0.4 0.7 7.27 Drive-In Bank 1,000 ft2 GFA 45.74 1.7 0.5 38.88 Home Improvement Store 1,000 ft2 GFA 2.45 3.0 0.2 5.88 Hotel Rooms 0.59 3.0 0 1.77 Restaurant 1,000 ft2 GFA 10.92 2.4 0.2 20.97 Shopping Center 1,000 ft2 GFA 3.75 3.0 0.3 7.88 INDUSTRIAL Industrial 1,000 ft2 GFA 0.98 3.0 0 2.94 INSTITUTIONAL School Students 0.15 2.1 0 0.32 Day Care Center Students 0.82 2.7 0.9 0.22 House of Worship 1,000 ft2 GFA 0.66 2.1 0 1.39 'GFA=Gross Floor Area 2(Vehicles);Based on ITE Trip Generation, 7th Edition 3(Miles);Based on NCTCOG Data Percentage of traffic already passing by site-land use is an intermediate destination 5(Vehicle-Miles) 'The land uses and trip generation characteristics listed in this chart are intended as examples.The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers"Trip Generation,Seventh Edition,"which is incorporated herein by reference. • City of Wylie-2007 Roadway Impact Fee Update Page 16 1 Exhibit A: Roadway Impact Fee Schedule, City of Frisco ITl Land Actual Roadway Impact Fee Actual Roadway Impact Fee Actual Roadway Impact Fee Actual Roadway Impact Fee Land Use Category Development Unit Per Development Unit Per Development Unit Per Development Unit Per Development Unit Use Code (60%of Maximum) (65s/.of Maximum) (75%of Maximum) (I00%of Maximum) A B C D A B C D A B C D A B C D PORT AND TERMINAL _._-- �------ - 5 6 3 - ----__ $ --- 14.41E ------ ,-'- _._- _.-'- TmekTerminal 030 Acre 19.509��-$ 21,GG8 S 13.172 S IO.G57 S 2L133 S 23.474 S 14.4RG $ 11.543 S 24.38G S I7,085 S 16.713 S 13.321 S 32,313 �34117 S 22.287 S 17,761 INDUSTRIAL ----Indus- ------- - 110 1.0-- _---2 $ .312 $ 2.161 - - - ---'-S -- 5.403 General Li t Industrial 110 1.000 SF GFA S 2.919 S 3.242 S 2.001 $ 1,394 S 3.IG2 S 3 S 12 1 2.1l,7 1 1,727 S 3.648 S 4.052 S 2301 S 1.993 S O,BG4 $ S 403 S 3.334 S 2.637 General Heavy Industrial 120 1,000 SF GFA S 2,027 S 2.251 S 1,389 S 1,107 S 2.196 S 2.439 S 1,505 S 1,199 S 2,334S 2,814 S 1,731 S 1.384 S 3.378 S 3.752 S 2.3I6 S 1.843 Industrial Park 130 1,000 SF GFA S 2,562 S 2146 $ 1.756 S 1,399 S 2.775 S 3.013 $ 1,902 S 1.516 $ 3,202 $ 3.557 1 2.195 S 1,749 $ 4,270 S 4,743 S 2,927 S 2,332 Warehousing 150 1,000 SF GFA 1 1.896 S 2,106 $ 1.300 S 1.036 S 2.054 S 2.282 $ 1,408 S 1.122 $ 2,370 $ 2,633 S 1,625 S 1,293 S 3,160 $ 3.510 $ 2.166 S 1.726 ' Mini-WstM1asc 151 1,000 SF GFA S 838 S 931 S 574 S 458 S 908 S 1008.-f-622 $ 496 S 1,048 $ 1,164 S 718 S 572 1,397 1.551 S 957 763 RESIDENTIAL Single-Family Detached Housing 210 Dwelling Unit S 3.602 S 4001 S 2,469 S 1,961 S 3.902 S 4,334 S 2.675 S 2.132 S 4.503 S 5,001 S 3,086 $ 2,460 S 6.004 $ 6.668 1 4.115 S 3.279 "gamma/Multi-family 220 Dwelling Unit S 2.211 $ 2.456 S 1,516 $ 1.208 S 2,39E S 2,661 S 1.642 S 1,309 S 2,764 $ 3,070 S 1,895 S 1.510 S 3,685 S 4,093 S 2,526 S 2,013 Residential Condominism/Townfomc 230 Dwelling Unit S 1,835 S 2,060 S 1,271 $ 1,013 S 2,009 S 2,232 S 1,377 S 1,097 $ 2,318 S 2,575 S 1.589 $ 1,266 $ 3,091 S 3,433 S 2.119 S 1,688 Mobile Home Park 240 Dwelling Unit S 2,104 S 2,337 S 1,442 $ 1,149 $ I,280 S 2,532 $ 1,563 $ 1.245 S 2,630 S 2,921 S 1,803 S 1,437 MCA$ 3.895 S 2,404 S 1,916 Assisted Living 254 Duelling Unit $ 785 S 871 $ 538 S 429 S B50 S 944 S 583 S 464 S 981 $ 1.089 S 672 $ 536 S 1,308 S 1,452 S 896 S 714 LODGING Hotel 310 Room S 1.129 S 1,254 S 774 S 617 $ 1.224 S 1,359 S 839 S 668 S 1,412 S 1,568 S 968 $ 771 $ 1,882 S 2,091 $ 1,290 S 1,028 Motel/Other Lodging Facilities 320 Room $ 898 S 997 S 615 S 490 S 972 $ 1,080 $ 666 S 531 S 1,122 S 1.246 S 769 S 613 S 1,496 S 1.662 S 1.025 S 817 kECREATIONAL Driving Range 432 Tee ' S 2,390 $ 2.654 S 1,638 S 1.305 S 2,589 S 2.875 S 1,774 $ 1.414 S 2,987 S 3,318 S 2,047 S 1.632 S 3,983 $ 4,423 S 2,730 S 2,173 Golf Course 430 Acre S 571 S 634 S 391 S 312 S 618 S 687 S 424 S 338 S 713 S 792 S 489 $ 390 S 951 S 1.056 S 652 S 520 Health/Rec.Clubs and Facilities 495 1,000 SF GFA $ 3,133 S 3,479 S 2,147 S 1,711 S 3.394 $ 3,769 S 2.326 $ 1,854 $ 3,916 $ 4,349 $ 2,684 S 2,139 S 3,221 S 5,799 S 3,579 S I,152 Ice Rink 463 1,000 SF GFA $ 4,512 S 5.011 S 3,092 S 2,464 S 4,888 S 5,429 S 3.350 $ 2,670 $ 5,640 S 6,264 $ 3,866 $ 3,081 mo]$ 8.352 $ 3,154 MEM Miniature Golf 431 Hole $ 630 S 700 $ 432 $ 344 $ 6113 S 758 S 468 S 373 S 788 S 875 S 540 $ 430 mu S 1,166 $ 720 mow Multiplex Movie Theater 445 Screens S 26,066 S 28,950 S 17.866 $ 14,238 $28,238 S 31,363 S 19,355 S 13.425 S 32,582 S 36,188 S 22,333 S 17.798 11=31 S 48.250 $29.777 IMMEll Ranttpiett/Tennis Club 491 Court S 6,402 $ 7,110 $ 4,388 $ 3.497 S 6.935 $ 7,703 3 4.754 5 3,781 3 8,002 $ 8.888 1 3,485 $ 4.371 S 10,670 11.851 7,313 1 5,828 INSTITUTIONAL Chi 560 1.000 SF GFA $ 826 S 918 S 566 S 451 $ 895 S 994 S 614 $ 489 3 1,033 $ 1,147 $ 708 $ 564 S 1,377 S 1,529 $ 944 S 732 Day Care Center 565 1,000 SF GFA S 16,454 $ 18.275 S 11,278 S 8,988 S 17.823 S 19797 $ 12,218 S 9,737 S 20,567 S 22,843 $ 14,097 S 11,235 S 27,423 30,458 $ 18,796 S 14,979 Primary/Middle School(1.8) 522 Students $ 190 $ 211 S 130 S 104 $ 206 $ 229 $ 141 S 113 $ 238 S 264 $ 163 $ 130 $ 317 $ 332 $ 217 S 173 High School(9-12) 530 Students S 172 S 191 $ I18 S 94 S 187 S 207 S 128 S 102' S 215 S 239 1 148 S III S 287 S 319 $ 197 $ 157 3r/Community College_ 540 Students S 149 S 165 S 102 S 81_ S 161 $ 179 S 110 3 88 $ 186 S 206 $ 127 S 101 S 248 $ 275 S 170 S 135 University/College 550 Students $ 262 $ 290 S 179 $ 143 $ 283 3 315 S (94 $ 155 S 327 $ 363 S 224 $ 179 $ 436 $ 484 S 299 2311 MEDICAL Clinic _ 630 1.000 SF GFA $ 11,621 S 12.907 $ 7,965 S 6,348 S 12,589'$ 13.983 S 8.629 S 6,877 $ 14.526 S 16.134 S 9,957 $ 7.935 S 19,368 S 21,512 $ 13,276 S 10.580 Hospital i^ 610 Beds S 2.919 S 3.242 S 2,001 S 1,594 1 3,162 $ 3,512 $ 2,167 S 1.727 S 3.648 S 4,052 S 2,501 S 1,993 S 4,864 S 3.403 S 3,334 $ 2.657 Nunm�Horne 620 Beds S 493 S 548 1 338 S 269 $ 534 $ 394 $ 366 $ 292 S 617 S 685 S 423 S 337 S 822 913 _1_SG4 S 449 OFFICE Corporate Headquarters Building_ 714 1.000 SF GFA $ 4,541 $ 5,044 3 3.113 S 2,481 S 4,920 S 5,464 S 3.372 S 2.687 S 5,677 S 6,305 $ 3,891 S 3,101 S 7,569 S 8,407 S 5,1118 S 4,134 General Office Building 710 1,000 SF GFA S 4,839 S 5,374 $ 3,317 S 2.643 $ 5,242 $ 5,822 $ 3,593 $ 2,863 S 6,048 S 6,718 S 4,146 S 3,304 MU$ 8,957 S 5.528 $ 4,405 Medical/Dental 0@ke I 720 1.000 SF GFA $ 12,073 S 13,409 S 8,275 $ 6,595 S 13,079 $ 14,526 $ 8,965 $ 7,144 $ 15,091 $ 16,761 S 10,344 S 8,243 imam S 22.348 13.792 S 10,991 Single Tamest Office Building__ 715 1,000 SF GFA $ 5,617 S 6.239 S 3,850 S 3,068 S 6,085 S 6,759 S 4,171 S 3,324 S 7,022 S 7,799 S 4.813 S 3,835 mum S 10,398 S 6,417 S 5,114 Offce/Bwiness Park 750 1.000 SF GFA 3 4,168 $ 5.407 S 3.337 S 2,659 $ 5.274 1 5,858 S 3.613 S 2,881 $' 6,085 S 6,739 $ 4,171 S 3.324 $ 8,114 9.012 -5562 MIMI COMMERCIAL Automobile Related 1111.1.1111111111111 _ Automobile Cara Centro 942 1,000 SF GFA S 3,876 $ 4,305 $ 2,656 $ 2,117 $ 4,199 S 4.663 $ 2,871 S 2.293 S 4,845 $ 5,381 S 3,321 S 2,646 MMIUMIEll S 4,427 S 3,528 Automobile Parts Sales 843 1.000 SF GFA S 6,515 S 7,236 S 4.466 $ 3.559 $ 7.058 S 7,839 S 4,838 S 3,855 S 8,144 $ 9.045 $ 5,582 S 4,448 S 10,858 w n S 77443 S 3.931 Gasoline/Service Station 944 Fueling Position' S 2,865 S 3.182 S 1.964 S 1,565 S 3,104 S 3,447 S 2.128 $ 1.695 S 3,511 S 3.978 $ 2.435 S 1.956 S 4,775 S 5,304 $ 3,273 S 2,608 Gasoline/Service Station w/Cony Market 945 Fueling Position 3 2.098 $ 2,331 S 1.438 $ 1.146 S 2.273 $ 2,525 $ 1,558 S 1,242 S 2,623 S 2.913 S 1,798 $ 1.433 S 3,497 S 3.884 S 2,397 S 1,910 Service Station w/Conn Market and Car Wash 946 Fueling Position $ 2.092 S 2,324 S 1,434 $ 1,143 S 2.267 S 2,518 S 1,554 S 1,238 S 2,615 S 2,905 S 1,793 S 1,429 $ 3.487 $ 3.873 S 2,390 $ 1.905 New and Used Car Sales 841 1.000 SF GFA S 4,036 S 4.483 S 2,766 $ 2,205 S 4.373 $ 4.856 $ 2.997 $ 2,388 S 5,045 S 5,604 S 3,458 S 2,756 S 6,727 S 7,471 S 4,611 $ 3,675 —Quick Lubrication Vehicle Center» 941 Service Position S 5,950 $ 6.609 $ 4,078 S 3,250 S 6,44E 7l59 S 4,418 S 3,321 S 7,438 S 8.261 S 5,098 $ 4,063 EiMill$ 11,013 S 6,797 S 5.417 Self-Service Car Weak _ _ 947 Stall $ 1.183 $ 1.314 $ 811 S 646 S 1,281 S 1,423 $ 878 $ 700 _S 1,479 S 1,642 S 1.014 $ 808 mum$ 2,190 $ 1.351 S 1.077 Tire Store "~ 848 1.000 SF GFA $ 6,919 $ 7.685 1 4,743 $ 3,779 "5 ,49-9 G 7 - - 1.325 S 5,131 4094 S 1.649 S 9.606 $ 5,928 $ 4,724 S 11,532 12.808 S 7,904 $ 6.299 Dining Fast Food Restaurant with Drive-Thru 934 1,000 SF GFA S 24.637 S 27.386 $ 16,900 $ 13,468 $ 26.712 $ 29,668 $ 11,309 $ 14,591 S 30,821 $ 34,232 S 21,126 $ 16,836 EnCial S 45,643 $ 28,167 S 22.447 Fast Food Reaourat without Drive-Tluu 933 1,000 SF GFA S 18,612 $ 20.671 $ 12.757 S 10,166 3 20.162 122,394 S 13,820 S 11.013 S 23,264 S 25.839 S 13.946 $ 12,708 S 34,452 $ 21.26F S 16.944 High Turnover(Sit-Down)Restaurant 932 1.000 SF GFA 1 8,863 S 9,844 S 6.075 $ 4,841 S 9.601 10,664 $ 6,581 $ 5.245 S 11,079 S 12.305 S 7,594 $ 6,052 ENZMILEEZI S 10,125 1 8.069 Sit Down Restaurant 931 1,000 SF GFA $ 5.974 $ 6,635 $ 4.093 $ 3,263 1 6.472 $ 7.181 S 4,436S 3,535 $ 7.467 S 8,294 S 5,118 S 4,079 $ 9,957 11.059 S 6,125 F 3,439 Other Retell Free-Standing Retail Store 813 1.000 SF GFA S 6,771 S 7.320 S 4,641 S 3.698 $ 7.335 $ 8.146 S 5.027 S 4007 S 1,463 S 9.400 S 5,801'S 4,623 $ 11,284 S 12,533 S 7,735 1 6.164 Garden Center(Nursery) 817 1,000 SF GFA S 5,082 S 5.645 $ 3,484 S 2,776 S 5,506 S 6,115 S 3.774 $ 3.008 S 6,353 S 7,056 S 4,354 $ 3.470 1 8,471 $ 9,408 S 5,806 $ 4,627 Home Improvement Superstore 162 1.000 SF GFA S 3,273 $ 3.638 $ 2.245 S 1,789 S 3.348 $ 3,941 S 2,432 S 1,931 $ 4,094 $ 4.547 S 2,806 S 2.236 $ 5,459 S 6.063 S 3,742 S 2,912 Phamee/Oruylnore _-_ 811 1.000 SF GFA S 8,399 S 9.329 S 5.757 $ 4,581 S 9,099 S 10,106 S 6.237 S 4,970 S 10,499 S 11.661 S 7.196 S 5333 1 13.999 3 15.548 $ 9,595 $ 7,647 Shopping Center 820 1.000 SF GFA $ 4,732 S 5.255 S 3.243 S 2.585 S 5,126 S 5693 S 3,513 1 2,800 S 3,915'1-6,369 S 4.054 rT-"3.231 S 7116 "1-9,'759 S 5.305 S 4.301 Supermarket e50 1000 SF GFA $ 12.780 S 14.195 S 8.760 S 6.981 S 13.845 S 15.377 S 9.490 $ 7,563 S 15,973 $ 17.743 $ 10.950 $ 8.726 S 21,300 S 23658 $ 14,600 $ 11.635 Toy/Children.'Supenlore 864 1,000 SF GFA S 6,675 S 7,414 $ 4,576 S 3,646 S 7.232 $ 8032 S 4,957 S 3 930 S 8.344 S 9,268 S 5,719 S 4,558 S 11.126 S 12,357 S 7.626 S 6.077 Video Rental Store 896 1000 SF GFA $ 12,994 S 14.432 S 8.907 S 7.098 S 14,077 $ 15.635 3 9.649 S 7,689 S 16,243 S 18.1140 S 11,133 S 1.172 S 21,657 S 24,054 S 14,844 S 11.830 SERVICES Bunk(Walk-1n) 911 1.000 SF GFA S 20,030 S 22.256 S 13.735 S 10.946 S 21.708 S 24.110 S 14.879 S 11858 S 25.048 S 27,820 S 17,168 S 13,682 S 33.397 S 37.093 S 22,891 S 18,243 Bonk(Dnve In) 912 1000 SF GFA S 24.425 S 27.128 S 16.742 S 13.342 S 26.460 S 29.389 S 18.137 S 14.454 S 30,531 S 33.910 $ 20,927 S 16.677 $ 40.700 S 45.213 S 27.903 S 22.236 e Potential Tax Revenue Loss a Potential Tax Revenue Loss Tax Rate Tax Value Annual Tax Tax Value Annual Tax Tax Value Annual Tax Garland $ 500,000.00 $ 5,000,000.00 $ - $ 10,000,000.00 $ - Sachse 0.6100 $ 500,000.00 $ 3,050.00 $ 5,000,000.00 $ 30,500.00 $ 10,000,000.00 $ 61,000.00 i Rowlett $ 500,000.00 $ - $ 5,000,000.00 $ - $ 10,000,000.00 $ - McKinney 0.5855 $ 500,000.00 $ 2,927.50 $ 5,000,000.00 $ 29,275.00 $ 10,000,000.00 $ 58,550.00 Plano 0.4735 $ 500,000.00 $ 2,367.50 $ 5,000,000.00 $ 23,675.00 $ 10,000,000.00 $ 47,350.00 Rockwall 0.5031 $ 500,000.00 $ 2,515.50 $ 5,000,000.00 $ 25,155.00 $ 10,000,000.00 $ 50,310.00 Allen 0.5560 $ 500,000.00 $ 2,780.00 $ 5,000,000.00 $ 27,800.00 $ 10,000,000.00 $ 55,600.00 Wylie 0.8989 $ 500,000.00 $ 4,494.50 $ 5,000,000.00 $ 44,945.00 $ 10,000,000.00 $ 89,890.00 Frisco 0.4500 $ 500,000.00 $ 2,250.00 $ 5,000,000.00 $ 22,500.00 $ 10,000,000.00 $ 45,000.00 Wylie 500K Value 5M Value 10M Value 1 year $ 4,494.50 $ 44,945.00 $ 89,890.00 5 years $ 22,472.50 $ 224,725.00 $ 449,450.00 10 years $ 44,945.00 $ 449,450.00 $ 898,900.00 20 years $ 89,890.00 $ 898,900.00 $ 1,797,800.00 30 years $ 134,835.00 $ 1,348,350.00 $ 2,696,700.00 Tax Rate Comparison Page 1 of 2 rTAX RATE HISTORY 2008 2007 2006 2005 2004 2( District ,Codes Entity Tax Rate Tax Rate Tax Rate Tax Rate Tax Rate Tax 06 CAL ALLEN CITY * 0.556000 0.557000 0.558000 0.559000 0.560000 0 39 SAL ALLEN ISD * 1.4703001 1.4703001 1.7751001 1.912459 1.933347 1 07 CAN ANNA CITY * 0.575000 0.575000 0.5250001 0.525000 0.499703 0 43 SAN ANNA ISD * 1.5400501 1.481483 1.771403 1.825000 1.789900 1 08 CBL BLUE RIDGE CITY 0.553235 0.555975 0.544791 0.569974 0.590686 0 47 SBL BLUE RIDGE ISD* 1.540440 1.556000 1.780000 1.7407001 1.775600 1. 09 CCL CELINA CITY * 0.645000 0.655000 0.690000 0.740000 0.750000 0 „ ! U' 1 -a-i000L 1.51900c, I.i Sy�OC l i buuU,� �.,,b.;L.1 0.7484UL U.r 2U2UL U 1 1 I J._ _, u_ _ 01 GCN COLLIN COUNTY 0.2425001 0.245000 0.245000 0.250000 0.250000 0 60 JCN CCC COLLEGE * 0.086493 0.086984 0.087683 0.089422 0.090646 0 31 SCO COMMUNITY ISD 1.495000 1.495000 1.5400001 1.670000 1.670000 1 20 CFV FAIRVIEW CITY * 0.365000 0.365000 0.345000 0.345000 0.330000 0 11 CFC 'FARMERSVILLE C 0.5789581 0.605165 0.599755 0.546005 0.554447' 0. 55 SFC FARMERSVILLE I 1.2800001 1.310000 1.6168001 1.740000 1.540000 1 12 CFR FRISCO CITY* 0.4500001 0.450000 0.4500001 0.444893 0.422960 0 _;rh II r:,SCU SU 1137UUOC. 1 35000L 'I 56u000 1 6.3UUu 19 WFR FRISCO MUD#1 0 17 CJO JOSEPHINE CITY 0.440000 0.372841 0.379265 0.447184 0.435013 0 18 CIA 1LAVON CITY * 0.414500 0.414500 0.414500 0.4145001 0.414500 0 65 SLV LOVEJOY ISD* 1.515000 1.4763001 1.6934001' 1.8234001 1.823400 1 41 CLC LOWRY CROSSIN 0.229777 0.229777 0.229777 0.229777 0.229777 0 13 CLU 'LUCAS CITY * 0.374177 0.375000 0.375000 0.3766001 0.376600 0 14 CMC MCKINNEY CITY* 0.5855001 0.585500 0.588000 0.5880001 0.593000 0 69 SMC MCKINNEY ISD* 1.517000 1.517000 1.841000 2.000000 2.000000 1 16 CML MELISSA CITY * 0.6100001 0.5200001 0.5200001 0.520000 0.490215 0 - 35 SML MELISSA ISD * 1.540000 1.535000 1.7800001 1.910000 1.990000 1 21 CMR MURPHY CITY* 0.5186001 0.4683001' 0.4683001 0.46830(1 0.468320 0 61 CNV NEVADA CITY* 0.161008 0.1549941 0.147124 0.138842 0.142610 0 10 CNH NEW HOPE CITY * 0.210000 0.210000 0.2100001 0.210000 0.210000 0 22 CPK PARKER CITY* 0.377080 0.377078 0.377080 0.310000' 0.282000 0 23 CPL PLANO CITY * 0.473500 0.473500 0.473500 0.4535001 0.4535001 0 73 SPL PLANO ISD * 1.303400 1.268400 1.5784001 1.7334001 1.733400 1 24 CPN PRINCETON CITY 0.7283941 0.649600 0.6497001 0.675000 0.675090 0. 77 SPN PRINCETON ISD* 1.490000 1.3687001 1.5914001 1.747759 1.747759 1 05 CPR PROSPER CITY* 0.5200001 0.520000 0.498817 0.405385 0.479700 0 81 SPR PROSPER ISD* 1.6700001 1.670000 1.800001 1.975310 1.951500 1. ,,1�11H.t:IJ1 JIN ,;!17 U 5751Uu U 5751tU1 U U2')1U,_ _ 88 WSE SEIS LAGOS UTILI 0.443439 0.428919 0.4503001 0.419500 0.406200 0 29 CSA SACHSE CITY* 0.6100001 0.553408 0.553408 0.558319 0.558321 0 http://www.co.collin.tx.us/tax_assessor/tax_rates/tax_history.html 2/11/2009 Page 2 of 2 26 'CSP ST PAUL CITY* 0.421279 0.424367 0.443537 0.485302 0.485842 0. 15 CWT (WESTMINSTER CI 0.2373901 0. 87 CWS WESTON CITY* 0.250000 0.2500001 0.2500061 0.250000 0.250000 0. Taxing entities in red listed above do not use the Collin County Tax Assessor to collect their taxes http://www.co.collin.tx.us/tax_assessor/tax_rates/tax_history.html 2/11/2009 Wylie Finance Page 1 of 2 --- ; .4G ►.I [. w.•j ,_�„''%�4 4 St r 1; •. aaal�y . rT"^ v. f1X' .�I► ;a.� �". a �:` .. , 1A �ryp 1'. ' 1. 4.‘ VVYLIEwi~Ltiic� . .. . 4.":—.14.� _.. , ..4 Wylie,Texas *Jtome *.MasterGst City WaII Co'rnrrmunity Safety Services 'News imp1oyrnent Gnaw 'Resources f'inunc Tax Information The City is authorized to levy an annual ad valorem property tax on real property * DL.d " and personal property within the City. The City currently levies a property tax on * r.na'cia! Report real property (i.e. land and improvements), mobile homes and on business * Tax. fo T"J personal property. The Central Appraisal District for each County with property boundaries within the city, determine the value for each property in the city. The City of Wylie encompasses Collin County, Rockwall County and Dallas County. Property tax roles are certified in July and the tax rate is adopted in September, along with the City's annual operating budget. The City of Wylie tax collector sends statements in October to each taxpayer. Tax revenue is used to support General Fund operations and to fund long-term bonded indebtedness. Taxes are levied on January 1 of each year and are considered past due on February 1 of the following year. The total assessed valuation increased by $159,466,245. Of this amount $120,821,928 represented new construction. The increase in the assessed valuation in FY2008-2009 will generate an additional $984,170 in ad valorem tax revenues for Maintenance and Operations. The tax rate for the Interest& Sinking fund was increased from $.17130/$100 to$0.33695/100 as a result of the bond and certificate sale this year. This tax levy will generate$12,274,276 for the General Fund and $7,359,815 for the Interest& Sinking Fund. T:A AELE PROPSRTI V AL.LEs 3,CCC,CCC,CCC sue. 2.5 CC.CCC.000 • 1 _.CCC.cec.cDC '7 e-; k.r 1.`CC.CCC.CDC �� u U_ ., ■ ■ ■ ■ ■ ■ Cc.cX.000 - I I II III II II 2001- 2)02- 2CO3- 20C4- 20C^- 2)C6 2C07- 2CC9- 20C2 200` 20C- 2C2 2CC6 200; 2CC? 2CC> ■Existing Property 'Jew & Annexed Properly The average homestead value is$155,087, which is an increase of 2% over the prior year. Overall, total assessed valuation was 7%greater than prior year. Over the past 7 years, new construction permits have ranged from 700 to 1,430. This growth trend is expected to continue to decline into 2009, based on information from builders, planned subdivisions within the city and anticipated commercial development. http://www.wylietexas.gov/Finance/tax.htm 2/11/200, Wylie Finance Page 2 of 2 Property Tax Breakdown Fiscal Year 2005-2006 2006-2007 2007-2008 j 2008.2009 h4&0-1.1atntenance&Operations 0.56195 0.56195 0.56195 0.56195 tGeneral Fund) s- 0.13205 0.144E C1;1:& [. j,;skyg!@Db on exist,ny cebt, Total Tax Rate .6950 .70678 .73325 .8989 Property-Iax Race Breakdown • )14 _M !co-0_ :ce5-U-1 :0ti4-c! :cc -06 20ce ci JS C:S-:= The Tax Assessor/Collector is responsible for calculating, billing and collecting taxes. City of Wylie's Tax Assessor/Collector Ken Maun PO Box 8006, McKinney, TX 75074 Phone: 972.424.1460 Fax: 972.547.5040 • • Visit the Central Appraisal District of Collin County for important information concerning tax rates, exemptions, appraisals, certified totals, protest procedures and other important tax information. Updated 12/17/08 City of Wylie Best viewed in IE 6 or Netscape 6 and up with JavaScript enabled 2000 State Highway 78 North To report problems with the website,please contact Public Information at publicinfo@wylietexas.gov jua'0 Wylie,TX 75098 •f'tapa 972.442.8100 ©City of Wylie http://www.wylietexas.gov/Finance/tax.htm 2/11/200� Permit Fee Differential . --7----- vt, . . , , -.' _, City of Wylie ,,, 4/ Fee Report wf--c')°" ' /O gity of Wylie 8/25/2006 _' �� 9G G'� Name: Pulliam Construction Management Inc. 5' 006, Permit Type: Commercial Application Date: 7/26/2006 Permit Number: COM-06-2934 Approval Date: 8/23/2006 Address: 205 HWY 78 Issue Date: 8/25/2006 FEE TYPE ACCOUNT# FEE AMOUNT FEES PAID AMOUNT DUE RECEIPT# Plan Review Fee 405 $287.12 $287.12 $0.00 27313 Building Permit Fee /409 $287.12 % 87.1.2$2 $0.00 27903 Mechanical Permit Fee 410 1 $190.34 / $190.34 • $0.00 27903 Electrical Permit Fee 408 $190.34 $190.34' $0.00 27903 Plumbing Permit Fee 406 $190.34 $190.34 $0.00 27903 rReinspection Fee 403 $0.00 $0.00 $0.00 Health Permit 402 $0.00 $0.00 $0.00 Garage Sale 404 $0.00 $0.00 $0.00 ,. 70 ,/ 4/1 Total Permit Fees: $1,170.26 $1,170.26 $0.00 {i L.,--- Water Fee 5 $0.00 $0.00 $0.00 Sewer Fee 7 $0.00 $0.00 $0.00 Utility Deposit 2 $0.00 $0.00 $0.00 Total Utility Fees: $0.00 $0.00 $0.00 Water Impact Fee 9 $0.00 $0.00 $0.00 Sewer Impact Fee 10 $0.00 $0.00 $0.00 Total of All Fees: $1,170.26 $1,170.26 $0.00 lYitCity of Wylie February 4, 2008 CITY OF WYLIE Permit Fee Summary -ir Permit Number: SH-08-0136 Owner: 303 Jackson Contractor: Qty Fee Type Unit Cost Per Total Paid Due Receipt# Check# Acct. # 1 Plan Review Fee $75.00 Permit $75.00 $75.00 $0.00 35591 8621 405 1 Building Permit $75.00 Permit $75.00 $75.00 409 - 3522 Building Permit $0.03 Square Foot $105.66 $105.66 409 1 Mechanical Permit $37.50 Permit $37.50 $37.50 410 3522 Mechanical Permit $0.02 Square Foot $79.24 $79.24 410 1 Electrical Permit $37.50 Permit $37.50 $37.50 408 3522 Electrical Permit $0.02 Square Foot $79.24 $79.24 408 1 Plumbing Permit $37.50 Permit $37.50 $37.50 406 3522 Plumbing Permit $0.02 Square Foot $79.24 $79.24 406 1 Fire Inspection $25.00 Permit $25.00 $25.00 413 3522 Fire Development Fee $0.30 Square Foot $1,056.60 $1,056.60 416 3522 Fire Dept. Plan Review $0.02 Square Foot $70.44 $70.44 413 1 Roadway Impact Fee (East) $11,311.60 Permit $11,311.60 $11,311.6 420 1 Water Impact Fee - 1" Meter $2,218.45 Permit $2,218.45 $2,218.45 9 1 Water Impact Fee - 1" Meter $2,218.45 Permit $2,218.45 $2,218.45 9 1 Sewer Impact Fee - 1" Meter $2,092.72 Permit $2;092.72 $2,092.72 10 3522 Plan Review Fee $0.03 Square Foot $105.66 $105.66 405 $19,704.80 $75.00 19,629.80 2000 Highway 78 N. Wylie, Texas 75098 972-442-8150 ivyrU IO lw arjgy N; u 11/'%; !' / t l I�,ij IIII "Je IYI i,:, 'p,',14 ,, ,1 11'ir,,,, 1,014,004 ' , 44'1001ollgPl.:11,11;11'',,,11,i1;;,,k,•iii,ft,,r,','',,,„'•,,,,, PM ,,''), 11'I�y, l fIR „, ,I,i 1 r 4,,t,„1,11,1,100,i j,of ,,,,,t k„ ' I raj ,kl Yj I��plr fe'I: "�V, � j l Milgl 111 ,,;,' ul �` mrP �V'� / /111111111111?1'11111R0,i,if I v�� eY PIP sul� !% 14 I ��" �gl � lll+�lur,,�y�J�f rw�l I, � ! �! �'� 'IJ�� I /'1 lo'i, I��II,uIVII � 1'G El If y " , 9 !.' 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Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White and Councilman Carter Porter. Councilman Merrill Young was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; Building Inspector Mike McAnnally; Interim Finance Director, Melissa Beard; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation and City Manager Mindy Manson led the Pledge of Allegiance. PRESENTATIONS • Presentation of the Comprehensive Annual Financial Report for FY 2007-2008. (Weaver and Tidwell L.L.P./M. Beard, Interim Finance Director) Interim Finance Director Beard addressed Council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver and Tidwell, LLP has performed an audit as of September 30, 2008. This is the first year for the audit to be performed by Weaver and Tidwell, LLP. She introduced Mr. Jerry Gaither, Partner, and Mr. John DeBurro, Senior Manager. Mr. Gaither and Mr. DeBurro gave a brief presentation regarding the 2007-2008 CAFR. Mr. Gaither reported that the firm was very happy to be in Wylie and Minutes—February 10, 2009 Wylie City Council Page 1 perform the first audit by their firm. He reported that it was a very good audit. Mr. Gaither highlighted some of the fund balances within the audit and reported that all fund balances were strong in all areas. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present to address Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 2, 2009 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 9, 2009 for the purpose of electing two City Council members, Places 2 and 4, to the Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary) C. Consider, and act upon, a Joint Election Contract between the City of Wylie and Wylie Independent School District (WISD) to be administered by the Collin County Elections Administrator for the May 9, 2009 Wylie General Election. (C. Ehrlich, City Secretary). D. Consider, and act upon, Ordinance No. 2009-06 amending Chapter 110, Article III of the City of Wylie Code of Ordinances for the sole purpose of relocating Section 110-114 enacted by Ordinance No. 2008-19 (Cell Phones In School Zone) to Section 110-115. (J.. Duscio, Police Chief) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. REGULAR AGENDA General Business 1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2007-2008 after presentation by the audit firm of Weaver and Tidwell,LLP. (Melissa Beard, Interim Finance Director) Minutes—February 10, 2009 Wylie City Council Page 2 Staff Comments Interim Finance Director Beard reported that the Council had heard the presentation by Weaver and Tidwell L.L.P. for the 2007-2008 Comprehensive Annual Financial Report (CAFR). She reported that Council could take action to accept the report and place on file. City Manager Manson recognized and thanked Interim Finance Director Beard and her staff for the hard work they performed during this annual audit. Council Action A motion was made by Councilman Young, seconded by Councilman White to accept the Comprehensive Annual Financial Report (CAFR) for FY 2007-2008 as presented by the audit firm of Weaver and Tidwell, L.L.P. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 2. Consider, and act upon, Resolution No. 2009-05(R) endorsing certain legislative changes to enhance the competitive electric market supported by Cities Aggregation Power Project,Inc. (CAPP). (J.. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the City of Wylie is a member of the Cities Aggregation Power Project (CAPP). The CAPP Board of Directors has voted to authorize certain legislative efforts on behalf of its members during the 81st Texas Legislative Session. CAPP has requested that all member cities adopt a model resolution in support of the CAPP legislative agenda and to forward the adopted resolution to the entities' representatives in the Texas House and Senate. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve Resolution No. 2009-05(R) endorsing certain legislative changes to enhance the competitive electric market supported by Cities Aggregation Power Project, Inc. (CAPP). A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 3. Consider, and act upon, Resolution No. 2009-06(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing PWA Senior Community, L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that during the February 2, 2009 meeting, the City Council heard a presentation from Tony Sisk of Churchill Residential, Inc. regarding a proposed application for Housing Tax Credits through the Texas Department of Housing and Community Affairs which would allow the rents to remain relatively low for the specified income restricted senior residents. The proposed Senior Living Facilities would be located south of the Target development, east of Minutes— February 10, 2009 Wylie City Council Page 3 McCreary Road. In order for an entity to apply for TDHCA funds where the property is within a non- participating Home Fund City, that entity must get a Resolution from the City indicating the City's support of the project. There is no liability placed on the City. Council/Developer Discussion Mayor Hogue asked Mr. Tony Sisk representing PWA Senior Community L.P. to come forward to answer questions. Councilman Young asked if there were restrictions allowing only residents over 55 years of age to reside in the senior apartments. Mr. Sisk replied that when the firm files with the federal government they must place deed restrictions on the property. He reported that if those deed restrictions are not closely adhered to, the firm could lose funding assistance. He explained that this amounted to several million dollars. City Manager Manson reported that there was restricted zoning placed on the property as well. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Resolution No. 2009-06(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing PWA Senior Community, L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 4. Consider, and act upon, Ordinance No. 2009-07 amending Chapter 100, Article II, Section 110-56 of the Wylie Code of Ordinances and Ordinance No. 78-17, Article IV, Section 13 authorizing the City Manager to designate and post stop signs and traffic control devices according to the Manual of Uniform Traffic Control Devices and amending Chapter 100, Article II, Section 110-41(1) of the Wylie Code of Ordinances and Ordinance No. 97-10, Section 1, to allow the City Manager to designate the City Traffic Engineer to place, erect and maintain traffic control devices, providing for a penalty for the violation of the ordinance; providing for repealing, saving and severability clauses; providing for an effective date and publication of the caption. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on January 29, 2009, a multi-way stop control warrant analysis was completed on the Brown Street and Westgate Way intersection. The intersection meets warrants 1, 2 and 3 of the multi-way stop control warrant criteria as detailed in the Texas Manual for Uniform Traffic Control Devices (MUTCD). A traffic signal will be installed at this intersection as part of the Brown Street paving improvements project. Staff recommends a stop sign be installed at the intersection until the traffic signal is operational. Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve Ordinance No. 2009-07 amending Chapter 100, Article II, Section 110-56 of the Wylie Code of Ordinances and Ordinance No. 78-17, Article IV, Section 13 authorizing the City Manager to designate and post stop signs and traffic control devices according to the Manual of Uniform Traffic Control Devices and amending Chapter 100, Article II, Section 110-41(1) of the Wylie Code of Ordinances and Ordinance No. 97-10, Section 1, to allow the City Manager to designate the City Traffic Engineer to place, erect and maintain traffic control devices, providing for a penalty for the violation of the ordinance; providing for repealing, saving and severability Minutes—February 10, 2009 Wylie City Council Page 4 clauses; providing for an effective date and publication of the caption. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 5. Consider, and act upon, approval of a Development Agreement between the City of Wylie and Woodbridge North I, Ltd. for reimbursement of the construction of Woodbridge Parkway from FM 544 to Hensley Lane. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that in August 2008, construction for Woodbridge Parkway from FM 544 to Hensley Lane was completed by Woodbridge North I, Ltd. (WBN). The project consisted of the construction of a 4-lane divided concrete thoroughfare with related drainage improvements as shown on the drawings attached to the agenda report. The project is identified in the Thoroughfare Capital Improvement Plan and is included in the thoroughfare impact fee calculation. City Engineer Hoisted reported that since August 2007, approximately $570,000 has been collected for thoroughfare impact fees in the west zone. It is estimated that $250,000 will be necessary for the purchase of right of way for Springwell Parkway leaving a balance of $320,000. The remaining reimbursement will be sent to WBN as fees are collected in the west zone as outlined in the agreement. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve a Development Agreement between the City of Wyllie and Woodbridge North I, Ltd. for reimbursement of the construction of Woodbridge Parkway from FM 544 to Hensley Lane. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2009-06 and 2009-07 into the official record. Mayor Hogue convened into Work Session at 7:30 p.m. WORK SESSION • Discussion regarding City of Wylie providing Fire Protection Services to the Seis Lagos District. (R. Corbin, Fire Chief) Fire Chief Randy Corbin addressed Council stating that representatives from the Seis Lagos District (north of Wylie) had approached the City of Wylie requesting fire protection services. The history of service to this area has been provided by the City of Lucas as the first responder, which is logistically the closest. This area also falls under the Mutual Aid contract with Collin County and other surrounding jurisdictions. He reported that if Lucas declines to provide service in the future, the following are positives and negatives to Wylie providing the first responder fire protection. Minutes—February 10, 2009 Wylie City Council Page 5 Chief Corbin reported that positives to Wylie providing service are: • Wylie has an ambulance already providing service to Lucas via the Southeast Coalition • The medic will be by themselves without any support and this could be a dangerous situation so the need of a Quint or a First Responder is needed. This means that more than likely we would respond to take care of our fellow employees. • Wylie Quint is only about 2 to 3 miles away from Seis Lagos and the time there would not be extreme • There are not many calls to Seis Lagos causing a major demand • It is better for us to coordinate our responses versus getting called late in an emergency at Seis Lagos He reported that some of the negatives included: • Seis Lagos is within the Lucas District and is not contiguous to the Wylie border • Wylie Quint will be out of district and not able to provide service to the City of Wylie should a simultaneous run occur Chief Corbin reported that any future action regarding fire protection, should this proceed, should be provided by the City of Wylie for a specified short term until other provisions can be made. Mayor Hogue convened into Regular Session at 8:01 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue convened into Executive Session at 8:05 p.m. reading the posting below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.087 Deliberations regarding economic development negotiations To discuss 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 governing body is conducting economic development negotiations. • Discussion regarding an update and status of economic negotiations with Direct Development. Mayor Hogue reconvened into Regular Session at 8:12 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. There was no action taken by the City Council as a result of Executive Session. Minutes—February 10, 2009 Wylie City Council Page 6 ADJOURNMENT With no further business before the Wylie City Council, Mayor Hogue adjourned the meeting at 8:12 p.m. Consensus of Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—February 10, 2009 Wylie City Council Page 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: B (City Secretary's Use Only) Department: City Manager Office Prepared By: Jeff Butters Account Code: Date Prepared: February 17, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2009-07 authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2009, setting terms and stipend of service. Recommendation Motion to approve Resolution No. 2009-07 authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2009 setting terms and stipend of service. Discussion Article IV, Section 3c of the City of Wylie Charter states "the city council shall, in the absence or disability of the appointed judge of the municipal court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the city council for his performance of required duties. " The current two year term of the City of Wylie Association Municipal Court Judge expires March 31, 2009 and is renewable for subsequent two (2) year terms. The appointment of the Associate Municipal Court Judge is for a two year term effective April 1, 2009 through March 31, 2011 and may be renewed for another two (2) year term. Compensation for services provided by the Associate Municipal Court Judge is a set monthly rate of$525.00. Judge Douglas serves in the capacity of Justice of the Peace and Municipal Court Judge for Collin County and is also currently serving as the City of Wylie Associate Municipal Court Judge. It is recommended that Judge Douglas continue to provide service to the City as the City of Wylie Associate Municipal Court Judge. Approved By Initial Date Department Director JD 2/17/09 City Manager Mirt Page 1 of 1 RESOLUTION NO. 2009-07(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE APPOINTMENT OF TERRY DOUGLAS AS CITY OF WYLIE ASSOCIATE MUNICIPAL COURT JUDGE. WHEREAS, the City of Wylie has determined that an Associate Municipal Judge is necessary to perform the judicial functions of the Municipal Court of the City of Wylie in the absence of the Municipal Court Judge; and WHEREAS, the City desires to appoint Terry Douglas as the Associate Municipal Court Judge for the City of Wylie; and WHEREAS, the effective term of service for the Associate Municipal Court Judge shall be April 1, 2009-March 31, 2011 with subsequent two year term; and WHEREAS, reimbursable services of the Associate Municipal Court Judge by the City of Wylie shall constitute all time spent on any matters assigned including conference, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, a monthly stipend of $525.00 will be provided by the City of Wylie for such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. That the City Council authorizes the appointment of Terry Douglas as City of Wylie Associate Municipal Court Judge for a two year term effective April 1, 2009-March 31, 2011 with a monthly stipend of$525.00 for services as the City of Wylie Associate Municipal Court Judge with subsequent two year terms provided. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 24th day of February, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-07(R) Appointment of Associate Municipal Court Judge 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: C Department: City Manager Office (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: February 17, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2009-08(R) authorizing the appointment of Don High as Municipal Court Prosecutor for the City of Wylie effective April 1, 2009, setting terms and stipend of service. Recommendation Motion to approve Resolution No. 2009-08(R) authorizing the appointment of Don High as Municipal Court Prosecutor for the City of Wylie effective April 1, 2009, setting terms and stipend of service. Discussion The current two year term of the City of Wylie Municipal Prosecutor expires March 31, 2009 and is renewable for a subsequent two (2) year term. The appointment for the Municipal Court Prosecutor is for a two year term effective April 1, 2009 through March 31, 2011 and may be renewed for another two (2) year term. Compensation for services provided by the Municipal Prosecutor is at an hourly rate of$115.00, with time billable in units of one-tenth hour each. Prosecutor High is currently serving as the City of Wylie Municipal Prosecutor. It is recommended that Prosecutor High continue to provide service to the City as the City of Wylie Municipal Prosecutor. Approved By Initial Date Department Director JD'f��/� 2/17/09 City Manager Yr l•" �I(�/f� Page 1 of 1 RESOLUTION NO. 2009-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE APPOINTMENT OF DON HIGH AS MUNICIPAL PROSECUTOR FOR THE CITY OF WYLIE. WHEREAS, the City of Wylie has determined that a Municipal Prosecutor is necessary to perform the judicial functions of the Municipal Court of the City of Wylie; and WHEREAS, the City desires to appoint Don High as the Municipal Prosecutor for the City of Wylie; and WHEREAS, the effective term of service for the Municipal Prosecutor shall be April 1, 2009-March 31, 2011 with a subsequent two year term; and WHEREAS, reimbursable services of the Municipal Prosecutor by the City of Wylie shall constitute all time spent on any matters assigned including conference, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, time is to be billed in units of one-tenth hour each and the hourly stipend of $115.00 will be provided by the City of Wylie for such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. That the City Council authorizes the appointment of Don High as City of Wylie Municipal Prosecutor for a two year term effective April 1, 2009-March 31, 2011 with a n hourly stipend of $115.00 for services as the City of Wylie Municipal Prosecutor with subsequent two year terms provided. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 24`h day of February, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2009-08(R) Appointment of Municipal Prosecutor Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: February 11, 2009 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of January 31, 2009. Recommendation Motion to accept, and place on file the City of Wylie Monthly Revenue and Expenditure Reports as of January 31, 2009. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director MB 2/11/09 City Manager into b9 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT January 31,2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 11,007,883.27 11,013,985.11 6,102 FRANCHISE FEES 1,955,000 19,406.00 43,840.42 24,434 LICENSES AND PERMITS 594,500 154,237.40 136,889.90 -17,348 INTERGOVERNMENTAL REV. 591,480 95,472.64 138,586.78 43,114 SERVICE FEES 2,199,200 481,322.68 480,619.79 -703 FINES AND FORFEITURES 540,000 150,108.00 134,472.32 -15,636 INTEREST INCOME 351,310 117,103.33 32,637.56 -84,466 A MISCELLANEOUS INCOME 186,740 62,222.09 69,187.12 6,965 OTHER FINANCING SOURCES 516,330 481,386.42 481,386.42 0 TOTAL REVENUES 22,341,938 12,569,142 12,531,605 -37,536 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 44,130.08 66,482.14 22,352 CITY MANAGER 767,530 255,843.28 261,316.82 5,474 CITY SECRETARY 257,190 85,729.92 75,260.59 -10,469 CITY ATTORNEY 173,000 57,666.72 37,789.95 -19,877 FINANCE 671,640 223,879.84 219,191.21 -4,689 FLEET& FACILITIES SVC 210,800 70,266.72 50,987.43 -19,279 MUNICIPAL COURT 333,910 111,303.36 102,387.72 -8,916 HUMAN RESOURCES 207,160 68,720.08 65,865.27 -2,855 PURCHASING 111,520 36,785.20 37,318.18 533 INFORMATION TECHNOLOGY 350,240 116,746.72 144,607.83 27,861 POLICE 4,841,100 1,613,699.92 1,651,634.04 37,934 FIRE 5,076,930 1,692,310.00 1,771,334.19 79,024 B ANIMAL CONTROL 268,000 89,333.36 84,290.58 -5,043 PLANNING 398,465 132,821.64 118,322.26 -14,499 BUILDING INSPECTION 718,800 239,766.80 206,313.81 -33,453 CODE ENFORCEMENT 181,430 60,476.72 40,612.68 -19,864 STREETS 1,742,360 539,727.04 496,143.66 -43,583 PARKS 1,548,110 516,036.56 484,451.63 -31,585 RECREATION 314,710 49,887.87 46,033.48 -3,854 LIBRARY 715,025 238,341.48 276,457.43 38,116 COMBINED SERVICES 3,066,600 1,228,271.92 1,251,495.57 23,224 TOTAL EXPENDITURES 22,086,910 7,471,745 7,488,296 16,551 REVENUES OVER/(UNDER) EXPENDITURES 255,028 5,097,397 5,043,309 -54,088 A. Decline in Interest rates unanticipated. B. Fire Station#3 opening has been delayed until February 23, 2009. CITY OF WYLIE MONTHLY FINANCIAL REPORT January 31,2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 2,205,963.36 2,190,451.18 -15,512 INTEREST INCOME 200,000 66,666.64 32,586.86 -34,080 MISCELLANEOUS INCOME 30,000 10,000.00 16,433.29 6,433 OTHER FINANCING SOURCES 1,500,000 1,500,000.00 1,500,000.00 0 TOTAL REVENUES 10,700,000 3,782,630 3,739,471 -43,159 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 187,296.56 176,001.07 -11,295 UTILITIES-WATER 1,121,030 338,687.50 315,873.43 -22,814 CITY ENGINEER 485,660 161,886.64 141,148.06 -20,739 UTILITIES-SEWER 511,590 170,530.00 176,404.40 5,874 UTILITY BILLING 548,594 143,886.87 135,849.35 -8,038 COMBINED SERVICES 7,382,180 2,377,755.18 2,400,414.67 22,659 TOTAL EXPENDITURES 10,610,944 3,380,043 3,345,691 -34,352 REVENUES OVER/(UNDER) EXPENDITURES 89,056 402,587 393,780 -8,807 Wylie City Council CITY of WYLIE AGENDA REPORT q Meeting Date: 02-24-09 Item Number: E Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 02-17-09 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2009. Recommendation Motion to accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2009. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on February 20, 2009. Approved By Initial Date Department Director SS 02/17/09 City Manager 'r t a l(( /0 1 Page 1 of 1 2-17-2009 02:33 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 567,533.49 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 740.45 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,639,582.38 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 513,640.60 4,142,939.92 TOTAL ASSETS 4,142,939.92 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 475.29) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 321.88) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 3,503.22 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 513,640.60 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 2-17-2009 02:33 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JANUARY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE TOTAL LIABILITIES 838,872.45 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,495,474.24 TOTAL BEGINNING EQUITY 3,495,474.24 TOTAL REVENUE 210,720.63 TOTAL EXPENSES 402,127.40 REVENUE OVER/(UNDER) EXPENSES ( 191,406.77) TOTAL EQUITY & OVER/(UNDER) 3,304,067.47 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,142,939.92 2-17-2009 02:33 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2009 922-DEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 32,720.70 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 148,078.00 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 534,343.52 2000-28240 HUGHES LOAN PAYABLE 253,411.46 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 194,816.47 2000-28270 BOWLAND/ANDERSON LOAN 52,125.09 2000-28280 CAZAD LOAN 161,612.64 TOTAL LIABILITIES 1,382,304.88 EQUITY 3000-34590 FUND BALANCE ( 1,382,304.88) TOTAL BEGINNING EQUITY ( 1,382,304.88) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,382,304.88) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 2-17-2009 02:34 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 101,531.03 0.00 192,030.89 0.00 1,107,969.11 14.77 INTEREST INCOME 10,000.00 405.55 0.00 2,811.75 0.00 7,188.25 28.12 MISCELLANEOUS INCOME 109,600.00 2,600.00 0.00 15,877.99 0.00 93,722.01 14.49 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 104,536.58 0.00 210,720.63 0.00 1,208,879.37 14.84 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,875,821.00 117,130.64 0.00 402,127.40 1,197.27 1,472,496.33 21.50 TOTAL EXPENDITURES 1,875,821.00 117,130.64 0.00 402,127.40 1,197.27 1,472,496.33 21.50 REVENUE OVER/(UNDER) EXPENDITURES ( 456,221.00) ( 12,594.06) 0.00 ( 191,406.77) ( 1,197.27) ( 263,616.96) 42.22 2-17-2009 02:34 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 101,531.03 0.00 192,030.89 0.00 1,107,969.11 14.77 TOTAL TAXES 1,300,000.00 101,531.03 0.00 192,030.89 0.00 1,107,969.11 14.77 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00 405.55 0.00 2,811.75 0.00 7,188.25 28.12 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 10,000.00 405.55 0.00 2,811.75 0.00 7,188.25 28.12 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 108,400.00 2,600.00 0.00 15,577.99 0.00 92,822.01 14.37 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 1,200.00 0.00 0.00 300.00 0.00 900.00 25.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 109,600.00 2,600.00 0.00 15,877.99 0.00 93,722.01 14.49 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 104,536.58 0.00 210,720.63 0.00 1,208,879.37 14.84 2-17-2009 02:34 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,722.00 12,670.90 0.00 52,533.54 0.00 122,188.46 30.07 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 770.00 0.00 0.00 772.00 0.00 ( 2.00) 100.26 5611-51145 SICK LEAVE BUYBACK 1,900.00 0.00 0.00 1,781.94 0.00 118.06 93.79 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 3,700.81 0.00 7,619.19 32.69 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 972.91 0.00 2,003.09 32.69 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 18,992.00 1,371.54 0.00 5,711.16 0.00 13,280.84 30.07 5611-51410 HOSPITAL & LIFE INSURANCE 15,870.00 1,639.96 0.00 7,982.20 0.00 7,887.80 50.30 5611-51420 LONG-TERM DISABILITY 1,040.00 36.81 0.00 184.05 0.00 855.95 17.70 5611-51440 FICA 11,820.00 1,251.95 0.00 1,842.07 0.00 9,977.93 15.58 5611-51450 MEDICARE 2,900.00 292.77 0.00 841.63 0.00 2,058.37 29.02 5611-51470 WORKERS COMP PREMIUM 490.00 0.00 0.00 490.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 243,340.00 18,363.63 0.00 76,812.31 0.00 166,527.69 31.57 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 544.68 0.00 1,253.48 0.00 7,746.52 13.93 5611-52040 POSTAGE 2,220.00 0.00 0.00 206.42 0.00 2,013.58 9.30 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 1,024.16 0.00 1,308.76 0.00 4,991.24 20.77 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 17,520.00 1,568.84 0.00 2,768.66 0.00 14,751.34 15.80 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 551,509.00 50,871.40 0.00 75,676.40 0.00 475,832.60 13.72 5611-56040 SPECIAL SERVICES 36,995.00 1,277.18 0.00 19,542.72 197.93 17,254.35 53.36 5611-56080 ADVERTISING 44,735.00 475.50 0.00 8,446.35 0.00 36,288.65 18.88 5611-56090 COMMUNITY DEVELOPMENT 56,963.00 800.00 0.00 18,461.38 0.00 38,501.62 32.41 5611-56110 COMMUNICATIONS 3,060.00 221.28 0.00 888.98 680.00 1,491.02 51.27 5611-56180 RENTAL 19,500.00 1,164.97 0.00 7,119.47 319.34 12,061.19 38.15 5611-56210 TRAVEL AND TRAINING 33,279.00 1,636.13 0.00 5,270.19 0.00 28,008.81 15.84 5611-56250 DUES & SUBSCRIPTIONS 7,733.00 301.00 0.00 3,157.00 0.00 4,576.00 40.83 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 22,560.00 1,666.50 0.00 2,212.00 0.00 20,348.00 9.80 5611-56570 ENGINEERING - ARCHITECT SVC 28,000.00 5,750.00 0.00 5,750.00 0.00 22,250.00 20.54 5611-56610 UTILITIES - ELECTRIC 4,000.00 398.07 0.00 821.34 0.00 3,178.66 20.53 TOTAL CONTRACTUAL SERVICES 810,834.00 64,562.03 0.00 147,345.83 1,197.27 662,290.90 18.32 2-17-2009 02:34 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 274,501.00 25,833.18 0.00 111,312.57 0.00 163,188.43 40.55 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 274,501.00 25,833.18 0.00 111,312.57 0.00 163,188.43 40.55 CAPITAL OUTLAY 5611-58110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 52,300.00 0.00 0.00 30,713.00 0.00 21,587.00 58.72 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 54.00 0.00 54.00 0.00 2,946.00 1.80 5611-58830 FURNITURE & FIXTURES 5,000.00 ( 65.00) 0.00 865.19 0.00 4,134.81 17.30 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 460,300.00 ( 11.00) 0.00 31,632.19 0.00 428,667.81 6.87 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326.00 6,813.96 0.00 32,255.84 0.00 34,070.16 48.63 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 66,326.00 6,813.96 0.00 32,255.84 0.00 34,070.16 48.63 TOTAL DEVELOPMENT CORP-WEDC 1,875,821.00 117,130.64 0.00 402,127.40 1,197.27 1,472,496.33 21.50 TOTAL EXPENDITURES 1,875,821.00 117,130.64 0.00 402,127.40 1,197.27 1,472,496.33 21.50 REVENUE OVER (UNDER) EXPENDITURES ( 456,221.00) ( 12,594.06) 0.00 ( 191,406.77) ( 1,197.27) ( 263,616.96) 42.22 *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger January 31, 2009 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance December 31, 2008 $1,370,173.34 January Inwood(#39 of 120) $10,195.83 $600,220.74 $7,319.77 $2,876.06 $592,900.97 Birmingham(#59 of 60) 5,741.48 11,383.00 5,675.08 66.40 5,707.92 Hughes (#30 of 120) 3,774.70 275,426.31 2,397.57 1,377.13 273,028.74 City of Wylie (#19 of 24) 6,813.96 40,270.71 6,639.45 174.51 33,631.26 Prime Kuts (#15 of 120) 2,539.59 208,560.20 1,496.79 1,042.80 207,063.41 Bowland(#15 of so) 773.31 31,707.48 614.78 158.54 31,092.70 Anderson(#15 of so) 773.31 31,707.47 614.77 158.53 31,092.70 CapitalOne(#10 of 120) 2,034.96 170,897.43 1,028.55 1,006.41 169,868.88 January 31, 2009 $25,786.76 $6,860.38 $1,344,386.58 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Balance Sheet Subledger January 31, 2009 Inventory-Land Date of Pur. Address Acreage Improvements(sq.ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 29.03 2,639,582.38 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT JANUA CORPORATION TAX REVENUE FOR THESALES MONTH OF RY 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 9.85 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 12.94 $8,116 % JANUARY 86,614 89,898 101,531 11,633 % FEBRUARY 121,615 132,441 MARCH 83,172 86,460 APRIL 81,377 86,004 MAY 124,616 130,208 JUNE 86,779 99,523 JULY 90,996 98,845 AUGUST 114,655 132,563 SEPTEMBER 99,715 112,165 OCTOBER 91,185 100,202 NOVEMBER 124,515 142,985 Sub-Total $1,188,149 $1,293,677 $192,031 $19,749 11.46% AUDIT ADJ TOTAL $1,188,149 $1,293,677 $192,031 $19,749 11.46% WEDC SALES TAX RECEIPTS $160,000 ¢N$140,000 ; e$12Q000 fIj $60,000 ®2008$100,000 2 _:- B ; y$80,000 h 6 ! i xi.d ' p,t$40,000 , E N$20,000 b � _A Na aa, L U _ C 'imm O a$0 Qg -' Q a zN co ( co am a2u - ti 0 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: February 2, 2009 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Avenue. Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings February 4, 2009 & February 11, 2009 First Public Hearing February 24, 2009 Second Public Hearing March 10, 2009 Adoption of Ordinance March 31, 2009 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 02/02/09 City Manager inm 4/11/0'? Page 1 of 1 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: February 10, 2009 ACREAGE ANNEXED: 7 acres SURVEY, ABSTRACT & COUNTY: Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. • • Exhibit A • BEING a tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, and being a part of a tract of land described in a deed to Fred Ronald Mobbs and Jean Mobbs recorded in Volume 1731, Page 385 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: • COMMENCING at a 1/2" iron rod found on the East right of way line of Ballard Street (60 foot right of way) being the Northwest corner of said Mobbs tract as described in the aforementioned deed and currently being.the Northwest corner of a tract of land described in a deed to East Fork Special Utility District recorded in Clerk's File No. 2000-0041889 of the Deed Records of Collin County, Tetras; THENCE South with said East right of way line, a distance of 247.00 feet to a 1/2" iron rod found with cap being the Southwest corner of said East Pork Special Utility District tract and the POINT OF BEGINNING of the herein described tract; • THENCE North 89 degrees 55 minutes 00 seconds East, with the South line of said East Fork Special Utility District tract, a distance of 480.00 feet to a 1/2" iron rod found with cap being the Southeast corner of said East Fork Special Utility District tract for an ell corner of this tract; • THENCE North with the East line of said East Fork Special Utility District tract, a distance of 247.00 feet to a 1/2" iron rod found on the North line of said Mobbs tract being the Northeast corner of said East Fork Special Utility District tract for the most Northerly Northwest corner of this tract; THENCE South 89 degrees 57 minutes 56 seconds East, with the North line of said Mobbs tract, a distance of 1048.06 feet (deed calls North 89 degrees 56 minutes East) to a point, from which a fence corner post bears South 82 degrees 41 • minutes 27 seconds East, a distance of 1.19 feet, said point being the • Northeast corner of said Mobbs tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper, recorded in Volume 2819, Page 861 of the Deed Records of Collin County, Texas; THENCE South 00 degrees 05 minutes 00 seconds East, with the West line of said Cooper tract, a distance of 277.00 feet to a 1/2" iron rod found on the South • line of said Atterberry Survey and the North line of the D.W. Williams Survey,. Abstract No. 980, being the Southeast corner of said Mobbs tract and being the Southwest corner of said Cooper tract and being the Northwest corner of a tract of land described in.a deed'to Raymond B. Cooper recorded in Volume 1326, Page 238 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land described in a deed to Verna May Poor and Michael Ray Poor recorded in Clerk's File No. 99-0055923 of the Deed Records of Collin County, • Texas; • THENCE North 89 degrees 58 minutes 17 seconds West, With the South line of said Mobbs tract, a distance of 1101.72 feet (deed calls South 89 degrees 56 minutes West, a distance of 1101.10 feet), to a 1/2" iron rod found being the Northwest corner of said Poor tract and being the Northeast corner of a tract of land described in a deed to Mary Elanor Stone Howrey recorded in Volume 531, Page 695 of the Deed Records of Collin County, Texas; • THENCE South 89 degrees 55 minutes 00 seconds West, with said South line, a • distance of 426.74 feet (deed calls 427.36 feet) to a 1/2"-iron rod set with cap stamped "Precise Land Surv." on the aformentioned East right of way line being the Southwest corner of said Mobbs tract and being the Northwest corner of said Howrey tract; THENCE North with said East right of way line, a distance of 30.00 feet to the POINT OF BEGINNING, CONTAINING 304,826 square feet or 6.998 acres of land. -� ��Q Q�;o,2 , 1 1 c 1 EXHIBIT B II- - - - -I o81- - - Joy - - - -Io- I-- - - - -II- - - - -I �g I- - - - -I I - - - - -� v 1 ISvI tiP I 1 I 11 1tI 11 I I1 1 0 I (uL4 : 1iLiJLJ _ i— _ _ ITTJLJJ /1 L / _.../_ i MAR N D YE ....T "N I �I I 1 1 " I II I I I 1 I t T -'sT -Th—lr-- --1 44 I 3 42 ( 41 I 40 ( 39 38 1 7 I 36 I 35 vii, ..24. 34 I I 33 I 2 I 31 I 301 29 I 28 I mo-- I JI I I ) I ! l I I 1� I 10.000 10.048 SF .043 SF 10.0 10.03 SF 10428 SF 10.023 SR 10,018 SF 10.013 SF 10 _ 6rE . al 12. SF f.._ .... 2L...._._ _ _ _ _ _ 1."..._ J. _ � N Ara N 3 4 5 7 8 9 10 11 =`12 13y 32 I r. 1 s¢ � 2W ILL - N i3� 00 SF q� er • 1 • r . r' 2 k (121 FOR K DRIV I: W • 1ii•i I is, ' 4 ‘X ......:---- • \ or ‘7o.T. — ig\ NT —\\ I 0 1' 1 fri 1 2 3 4 8 k s O\ 7 • 8 • 9 • 10 1 Qo I¼0 SF 10.358 SF 10,346 SF j 10.336 SF 10.326 SF 10,315 SF 10.3QQ SF 1.300 SF 10,1VA 10,287 SF V, — -1-. e AL L 58. I .11E • .../. • ! 1 7 T T T F i - Fnr-\ . . v 1 I , I I I 1 .... II— —. 1 2 3 4 Sad � ��9ti 0 7 g ,0 11 I 12 , I 18 I I 14Q• rye° I � I I semi I . . �Otn , . 1 \ , I I Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: 2 Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: February 4, 2008 Budgeted Amount: • Exhibits: 1 Subject Consider, and place on file, the Wylie Police Department 2008 Annual Traffic Contact Report. Recommendation Motion to place on file the Wylie Police Department 2008 Annual Traffic Contact Report. Discussion Texas Senate Bill (SB 1074) requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later than March of the following year. The 2008 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. Approved By Initial Date Department Director JD 02-04-09 City Manager /J/1 ) a /g/44 Page 1 of 1 The Wylie Police Department Annual Traffic Contact Report (2008) .. . .. .,.,,. , , f .., '' e V' 44 448 ‘ ?i. 44 444 .... Jr* $ .... , 1 04 to 1,„ 4 1 i t 40i* ,[ c , :, ..,,,....1 ' 1 N--- 7 -' ,- '..sc:‘-- , ,.. „.,::Af.5',,..—-'-'t** , .• If, ,,,e,;,--.. , , ''::-''''''''': , ;:..,„,,i''''''' ''''‘ ' 4st tii-* 0.-''' t,. .,, ... ..,, ,.. . DEL CARMEN CONSULTING, (I) Introduction Opening Statement January 31, 2009 Wylie City Council 7301 N. E. Loop 820 Wylie, Texas 76180 Dear Distinguished Members of the City Council, Racial profiling is considered to be one of the most pressing themes currently affecting law enforcement agencies in the United States. In 2001, the Texas legislature, in an attempt to address the issue of racial profiling in policing, enacted the Texas Racial Profiling Law. Since 2001, the Wylie Police Department, in accordance with the law, has collected and reported traffic-related contact data for the purpose of identifying and addressing(if necessary) areas of concern regarding racial profiling practices. In this particular report, you will find three sections that contain information on traffic-related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the Wylie Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill (SB 1074) which later became the Texas Racial Profiling Law. Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education) is included. In addition, you will find, in sections 2 and 3, documentation which demonstrates compliance by the Wylie Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, documents relevant to the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling complaint process (which has been disclosed to the public), and the training administered to all law enforcement personnel, are included. The last component of this report provides statistical data relevant to contacts, made during the course of traffic stops,between 1/1/08 and 12/31/08. This information has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard and to traffic-based contact data collected between 2002 and 2007. The final analysis and recommendations are also included in this report. I am hopeful that the findings presented in this report serve as evidence of the Wylie Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Del Carmen Consulting, LLC Table of Contents Table of Contents (I) Introduction a) Opening Statement b) Table of Contents c) TCLEOSE Guidelines d) The Texas Law on Racial Profiling(S.B. 1074) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law (includes outcome of investigation) e) Police (Traffic-Related) Contact Information Table(2008) f) Table Depicting Baseline Comparison (2008) g) Seven-Year Data Assessment (02-08) h) Analysis and Interpretation of Data(2008) (III) Summary a) Checklist b) Contact Information TCLEOSE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure(TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defines race or ethnicity as being of "a particular descent,including Caucasian, African,Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2)states,"the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian,African,Hispanic,Asian,or Native American"); 2) whether a search was conducted,and if there was a search,whether it was a consent search or a probable cause search;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted,and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type,if any,of contraband that was collected; 6) disposition of the stop,e.g.,arrest,ticket,warning,or release; 7) location of stop;and 8) statement of the charge,e.g., felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds[See 2.135 (a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example,if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. The Texas Law on Racial Profiling S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision(6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection(b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection(b)must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7)may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (fl On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b)must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection(b)may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling_ Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection(j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection(e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection(d)to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; FA] the date of conviction; and [f 8)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection(j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection(e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection(j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,by the following vote: Yeas 28,Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001,by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor (II) Responding to the Law Institutional Policy on Racial Profiling Racial Profiling Policy Policy Number: 614 Effective Date: January 1, 2002 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in a racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. III. DEFINITIONS Racial Profiling: A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc. Race or Ethnicity: Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American. Pedestrian Stop: An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. Traffic Stop: The stop of a motor vehicle by a peace officer for an alleged violation of a law or ordinance regulating traffic. III. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at lest two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003. C. The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. D. An individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. IV. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. B. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation racial profiling to their superior before the end of shift. C. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and/or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. D. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. E. If there is a departmental video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service, or civic presentations, the internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VII. CITATION DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include: 1. the violator's race or ethnicity; 2. whether a search was conducted; 3. whether the search consensual; and 4. whether an arrest was made for this cited violation or any other violation. B. By March of each year, the department shall submit a report to the City Council that includes the information gathered by the citations. The report will include: 1. a breakdown of citations by race or ethnicity; 2. number of citations that resulted in a search; 3. number of searches that were consensual; and 4. number of citations that resulted in custodial arrest for this cited violation or any other violation. C. Not later than March 1st of each year this department shall submit a report to the City Council containing this information from the preceding calendar year,beginning March 1, 2003. VII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make traffic and pedestrian stops shall be equipped with a video camera and transmitter- activated equipment, and B. Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio as appropriate, shall be recorded. C. This department shall retain the video and audio tapes, or the audiotape of each traffic stop and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A recording of each officer will be reviewed at least once every ninety(90) days. E. If the equipment used to record audio and video of traffic or pedestrian stops is malfunctioning or otherwise not operable, officers will drive a vehicle with operable video equipment. If no other squad car is available, officers will record the following data when making traffic or pedestrian stops: 1. a physical description of each person detained as a result of the stop including gender and race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability; 2. the location of the stop and suspected offense, traffic law, or ordinance violated; 3. whether a search was conducted and whether the person detained consented to the search; 4. the reason for any searches; 5. whether any contraband was discovered during the search; 6. whether an arrest was made and if so the charge; and 7. any citations issued. BY ORDER OF CHIEF OF POLICE Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices Informing the Public on the Process of Filing a Racial Profiling Complaint with the Wylie Police Department One of the requirements of the Texas Racial Profiling Law is that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component, the Wylie Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area, information relevant to filing a complaint on a racial profiling violation by a Wylie Police officer. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. Racial Profiling Training Racial Profiling Training Since 2002, all Wylie Police officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement Officer Standards and Education(TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Wylie Police Department have completed the TCLEOSE basic training on racial profiling. The main outline used to train the officers of Wylie has been included in this report. It is important to recognize that the Chief of the Wylie Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity"for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting — audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) — see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 MdApp. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly—the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile — a racially-based stop today can throw suspicion on tomorrow's legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds— it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" — "Driving While Black" — a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver(with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit— Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://t1o2.tIc.state.tx.us/tIo/77r/billtext/SB01074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/08---12/31/08,based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. X A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/08 ---- 12/31/08. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case No. Additional Comments: Tables Illustrating Traffic Contact Tier 1 Data (I) Tier 1 Data Traffic-Related Contact Information (1/1/08-12/31/08) Race/Ethnicity* Contacts Searches Consensual PC Searches Custody Searches Arrests N % N % N % N % N 0/0 Caucasian 7,955 71 286 68 86 75 200 65 334 67 African 1,259 11 58 14 11 10 47 15 63 13 Hispanic 1,582 14 68 16 16 14 52 17 90 18 Asian 258 2 10 2 1 .9 9 3 11 2 Native 6 .05 0 0 0 0 0 0 0 0 American Other 111 1 1 .2 1 .9 0 0 0 0 Total 11,171 100 423 100 115 100 308 100 498 100 "N"represents"number"of traffic-related contacts *Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Figure has been rounded Tier 'I Data (Traffic Contacts) 70 80 5 (Percent) 40 3 20 1 .4c7. 4z- . 4*.4. Ill 'Traffic %r dt Contacts ett 44, (Origin) Tier 1 Data (Searches) 250 111 213° 1 li oloy I c II ll .40 II 1 El ill .11 0 Nr ` • Searches � � El Consent (Origin) PC Tier 1 Data (Arrests) 60 . d . aminamil" 70 . 40 NINIMEMIN 111.1.1111111 (Percent) .30 i• 20 1110 440. „ r �'� �� etc 0 � ��i rr gists et (Origin) Tier 1 Baseline Comparison (Fair Roads Standard) (II) Traffic-Contacts and Fair Roads Standard Comparison Comparison of traffic-related contacts with households in Wylie that have vehicle access (in percentages). (1/1/08-12/31/08) Race/Ethnicity* Traffic-Contacts Households (in percentages) with Vehicle Access (in I ercenta'es) Caucasian 71 89 African 11 2 Hispanic 14 7 Asian 2 .39 Native American .05 .96 Other 1 N/A Total 100 99.35*** *Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure ***Amount does not total 100%since Census data does provide value of"other"category. ' e I (Traffic-Contacts and Households/08) i 8 minimimmi (Percent) 50 Iii 1 0 001 111111111111111 -'''' Ill 11111111110 repitafiffillia �� AZ 0 Contacts ,,,,,i, IIIIIIIII HoHouseholds� 1 Tier 1 Data (Seven-Year Comparative Analysis) (2002-2008) (III) Seven-Year Tier 1 Data Comparison Comparison of Seven-Year Traffic-Related Contact Information (1/1/02---12/31/08) Race/Ethnicity* Traffic-Related Contacts (in percentages) (02) (03) (04) (05) (06) (07) (08) Caucasian 80 74 75 76 79 71 71 African 3 4 6 8 9 10 11 Hispanic 16 21 18 15 11 16 14 Asian .47 1 1 1 1 2 2 Native .06 0 0 0 0 .01 .05 American Other .30 0 .24 .06 0 .8 1 Total 100** 100 100** 100 100 100** 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Tier 1 Data02-08) 80-1 70 111 )11 6 61 il (Percent) 4 3 lol ill two co co 0 0 ._ M 0 ._ 111 sift, E II Contacts 021 c no Contacts 03 E. Contacts 04 CI Contacts 05 z II Contacts 6 (Origin) NI Contacts 07 L! Contacts 08 Comparison of Seven-Year Traffic-Related Search Information (1/1/02---12/31/08) Race/Ethnicity* Traffic-Related Searches (in percentages) (02) (03) (04) (05) (06) (07) (08) i�. Caucasian 79 64 59 53 81 73 68 African 3 1 8 2 5 11 14 Hispanic 18 34 31 44 14 15 16 Asian 0 .6 0 0 0 1 2 Native 0 0 0 0 0 0 0 American Other 0 0 2 0 0 .3 .2 Total 100 100** 100 100 100** 100** 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Tier 1 Data (Searches 02-08) 90 0 u a ri Ir-I II 7° 11111 60 1 ofilimummum 00 i 5° (Percent) 40 ar arliallailli 30 1 00 „.......„ mil 20 1 Emil 01 A 1 i IMMINIM lu 1 ili ri 1 0 1 . - 1 . cc .° ccit cti co E. fu 03 4,,, a"Nei fly I (0) (41 ,'41. CU MI a 414 Il < Z E 0 tz iz. co 111 Searches 02 Z 0 Searches 03 Searches 04 (Origin) 0 Searches 05 MI Searches 06 Searches 07 I Searches 08 Comparison of Seven-Year Traffic-Related Arrest Information (1/1/02---12/31/08) Race/Ethnicity* Traffic-Related Arrests (in percentages) (02) (03) (04) (05) (06) (07) (08) Caucasian 77 43 57 50 67 66 67 African 3 1 4 7 12 12 13 Hispanic 19 54 38 42 21 20 18 Asian 0 2 0 0 0 1 2 Native 0 0 0 0 0 0 0 American Other 0 0 1 1 0 .7 0 Total 100** 100 100 100 100** 100** 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Tier 1I Data (Arrests 02-08) 80 I ei ,, , ,, , riiA ,,,, i ,,, 1, (Percent) 3.0 11 I 111 20 il 111.111111 1 II ... I o rso �� Arrests ) 0 Arrests (03) it El Arrests (04) Arrests (05) II Arrests (06) (Origin) Arrests (07) Arrests (08) Analysis and Interpretation of Data Analysis In 2001, the Texas Legislature passed Senate Bill 1074 which later became the Texas Racial Profiling Law. The law came into effect on January 1, 2002 and requires that all police departments in Texas collect traffic-related data and report this information to their local governing authority by March 1st of each year. The purpose in collecting and presenting this information is to determine if police officers in a particular municipality are engaging in the practice of profiling minority motorists. The Texas Racial Profiling Law also requires police departments to interpret traffic-related data. Although most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if police departments are engaging in racial profiling, from a review or analysis of aggregate data. In other words, it is challenging for a reputable researcher to identify specific "individual"racist behavior from aggregate-level "institutional"data on traffic- related contacts. The Wylie Police Department, in an effort to comply with The Texas Racial Profiling Law (S.B. 1074), commissioned the analysis of its 2008 traffic contact data. Thus, three different types of data analyses were performed. The first of these involved a careful evaluation of the 2008 traffic stop data. This particular analysis measured, as required by the law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native Americans, and individuals belonging to the"other" category, that came in contact with the police in the course of a traffic-related stop, and were either issued a citation or arrested. Further, the analysis included information relevant to the number and percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or probable cause). Also, the data analysis included the number and percentage of individuals who, after they came in contact with the police for a traffic-related reason, were arrested. The additional data analysis performed was based on a comparison of the 2008 traffic-contact data with a specific baseline. When reviewing this particular analysis, it should be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing traffic-related contact information. Of the baseline measures available, the Wylie Police Department opted to adopt, as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau(2000)relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2008 but live outside city limits. In some cases, the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all traffic-related contacts made in a given year. In previous years, several civil rights groups in Texas have expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of"households" that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and only a few vehicles) with "contacts" (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the Wylie Police Department made a decision that it would use this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and "transparency"before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to Wylie. The final analysis was conducted while using the 2002--2008 traffic contact data. Specifically, all traffic-related contacts made in 2008 were compared to similar figures reported in 2002, 2003, 2004, 2005, 2006 and 2007. Although some researchers may not support the notion that in seven years, a"significant" and "permanent"trend can take effect, when considering this analysis, it was determined that comparing seven years of traffic contact data may highlight possible areas of consistency with regards to traffic- related contacts. That is, the seven-year comparison has the potential of revealing indicators that a possible trend of traffic-based contacts with regards to members of a specific minority group, may in fact, develop. Tier 1 (2008) Traffic-Related Contact Analysis When analyzing the Tier 1 data collected in 2008, it was evident that most traffic- related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches, most of them were performed on Caucasian drivers. This was also followed by Hispanics and African Americans. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in traffic-related contacts; this was followed by Hispanics and African Americans, in that order. In addition, no arrests were made, in traffic related incidents, of Native American drivers or those belonging to the "other" category. Fair Roads Standard Analysis The data analysis of traffic contacts to the census data relevant to the number of "households" in Wylie who indicated, in the 2000 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of individuals of Caucasian and Native American descent that came in contact with the police was lower than the percentage of Caucasian and Native American households in Wylie that claimed, in the 2000 census, to have access to vehicles. With respect to African American, Hispanic and Asian drivers, a higher percentage of contacts were detected. That is, the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2008 was higher than the percentage of African American, Hispanic and Asian households in Wylie with access to vehicles. It should be noted that the percentage difference among Asians was of less than 3%; thus, deemed by some as being statistically insignificant. Seven-Year Comparison The seven-year comparison(02-08) of traffic-contact data showed some similarities. As illustrated in table 3, the percentage of drivers (from different racial/ethnic groups) that came in contact with the Wylie Police in 2008 was similar to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department in 2007, 2006, 2005, 2004, 2003 and 2002. However, a few differences were noted. When comparing 2008 to the previous years, there was an increase in percentage of contacts among African Americans while a decrease in percentage of contacts was detected among Hispanic drivers. It is clear that commonalities in the data existed, when analyzing the search- related contacts for all seven years. An increase in percentage was detected among African Americans, Hispanics and Asians while a percentage decrease was noted among Caucasians. When considering the arrests made, the data revealed that the percentage of arrests increased among Caucasians, African Americans and Asians while a decrease in percentage was evident among Hispanics. Summary of Findings The comparison of traffic contacts showed that the Wylie Police Department came in contact(in traffic-related incidents)with a smaller percentage of Caucasian and Native American drivers than the percentage that resided in Wylie and had access to vehicles. Further, the data suggested that the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2008 was higher than the percentage of African American, Hispanic and Asian Wylie households with access to vehicles. A careful examination of the seven-year traffic-related contact data suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past 7 years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. While considering the findings made in this analysis, it is recommended that the Wylie Police Department should continue to collect and evaluate additional information on traffic-contact data(i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the traffic-related contacts police officers are making with all individuals; particularly with African Americans, Hispanics and Asians. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all traffic contacts made with the public. As part of this effort, the Wylie Police Department is also encouraged to: 1) Perform an independent search analysis on the search data collected in 2008. 2) Commission data audits in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported The information and analysis provided in this report serves as evidence that the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with The Texas Racial Profiling Law: ® Clearly defined act or actions that constitute racial profiling ® Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling ® Implement a process by which an individual may file a complaint regarding racial profiling violations ® Provide public education related to the complaint process Fl Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law ® Collect data(Tier 1) that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place ® Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1, 2009. ® Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 817.681.7840 www.texasracialprofiling.com w w w.delcarmenconsulting.corn Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: 3 Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: December 30, 2008 Budgeted Amount: Exhibits: Agreement Subject Consider, and act upon, authorizing the City Manager to execute an agreement between the City of Wylie and Brenda Martin to release ownership and liability of K-9 Carlo upon his retirement, to Officer Brenda Martin for a fee of$1.00. Recommendation Motion to authorize the City Manager to execute an agreement between the City of Wylie and Brenda Martin to release ownership and liability of K-9 Carlo upon his retirement, to Officer Brenda Martin for a fee of$1.00. Discussion K-9 Carlo has served the City of Wylie Police Department for the last 8 years. During his service he lived and worked with his handler Officer Brenda Martin. Carlo can no longer perform at an acceptable level due to age related health issues. This agreement between the City of Wylie and Officer Martin is to exchange possession, ownership, and responsibility for K-9 Carlo. The city will relinquish ownership and responsibility of K-9 Carlo to Officer Martin for a fee of$1.00. Approved By Initial Date Department Director JD 12/30/08 City Manager /Mm 1401 Page 1 of 1 AGREEMENT BETWEEN THE CITY OF WYLIE AND BRENDA MARTIN This Agreement (the"Agreement") is made by and between the City of Wylie, Texas (the "City") and Brenda Martin ("Martin") acting by and through their authorized officers. RECITALS: WHEREAS, the City has exercised the use of K-9, Carlo, ("K-9") for public safety purposes; and WHEREAS, the K-9 has reached the age of retirement; and WHEREAS, the parties desire to enter into an Agreement for the exchange of the K-9, as set forth below. NOW THEREFORE, in consideration of the mutual promises and benefits contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTITLE I PURPOSE 1.1 The purpose of this Agreement is for the City and Martin to exchange possession, ownership and responsibility for the K-9. ARTICLE II OBLIGATIONS OF THE CITY 2.1 The City shall make the K-9 available for inspection and consideration. 2.2 Upon receipt of all acceptable, City-required documentation from Martin, the City shall relinquish possession and ownership of the K-9 to Martin. ARTICLE III OBLIGATIONS OF"MARTIN" 3.1 Martin shall pay one dollar($1.00) to the City in consideration for the K-9. 3.2 Martin shall execute all City-required documents accepting full responsibility for the liability arising from the use of the K-9, from and after the date Martin takes possession. 3.3 Martin shall assume full and complete responsibility for training and care for the K-9 from and after the delivery. Agreement between the City of Wylie and Brenda Martin Page 1 537524-1 ARTICLE IV MISCELLANEOUS 4.1 Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to: Brenda Martin If to City, to: City of Wylie John Duscio, Chief of Police 2000 Hwy. 78 North Wylie, Texas 75098 4.2 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 4.3 Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 4.4 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 4.5 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 4.6 Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof Agreement between the City of Wylie and Brenda Martin Page 2 537524-I 4.7 Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 4.8 Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 4.9 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 4.10 Sovereign Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. 4.11 No Third Party Beneficiaries.Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. EXECUTED this 24th day of February, 2009. CITY OF WYLIE, TEXAS By: Mindy Manson, City Manager ATTEST: By: Carole Ehrlich, City Secretary By: Brenda Martin, individually Agreement between the City of Wylie and Brenda Martin Page 3 537524-1 STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared BRENDA MARTIN, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is a duly authorized representative and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared MINDY MANSON, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the City Manager and duly authorized representative for the CITY OF WYLIE, TEXAS and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas My Commission Expires: Agreement between the City of Wylie and Brenda Martin Page 4 537524-1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 24, 2009 Item Number: 4 Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: 02/18/09 Budgeted Amount: Exhibits: 7 Subject Consider, and act upon, approval of an Alternative Parking Agreement for 544 Industrial Park, Block 2, Lots 1 B & 1 C. Subject property being generally located on the northwest corner of FM 544 & Commerce Dr. Recommendation Motion to approve an Alternative Parking Agreement for 544 Industrial Park, Block 2, Lots 1 B & 1C. Subject property being generally located on the northwest corner of FM 544 & Commerce Dr. Discussion The applicant is requesting approval for special off-site parking alternatives whereby the required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. Article 7, Section 7.3.F.1 Off-Site Parking Requirements outlines the requirements to be met as follows: Off-Site Parking. The parking requirement may be met by locating the required parking spaces on a separate parcel from the lot on which the principal use is located, subject to the following conditions: a. The parcels containing the use and off-site parking must be under common ownership; b. The parcel must be located not more than 300 feet from the building or use it is intended to serve; c. The parcels shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway,highway, or major street; and d. An agreement, subject to approval by the City Attorney, shall be prepared to outline the terms and conditions of the off-site parking use. The agreement, containing the legal description of both the off-site parcel and the parcel where the principal use is located, shall be recorded in the office of the County Deed Records to permanently register the existence of the off-site parking arrangement with each parcel. The applicant is proposing to lease an existing commercial building for a Financial Institution, without drive through provisions. The property is zoned Commercial Corridor (CC) District and the use is allowed by right. The agreement allows for Tract A & B and any occupants to share the parking spaces. The primary lot (Tract A) does not have sufficient area to construct the required parking. However, there will be 3 parallel spaces on site, with the remaining 6 spaces located off-site. Page 1 of 2 Page 2 of 2 Tract A is .15 acres (6,316 sq. ft.) in size with an existing 2,720 sq.ft. brick building on site. Tract B is a vacant tract that is .2966 acres (12,922.81 sq. ft.) in size. The property was originally platted in 1985 as 544 Industrial Park and zoned for Industrial uses. Although Collin County shows the tracts as platted lots, there is no record within City files to indicate such. The applicant has provided proof that both lots are under common ownership. The applicant is proposing to convert the existing building into a check cashing service (EZ Money). The site work will consist of, landscape improvements, new concrete pavement, and alterations to the building façade to bring it into conformance with current design standards. The issuance of a certificate of occupancy for the property is expressively contingent upon this agreement being filed and recorded with the County Clerk and remaining in effect, as it runs with the land. Consequentially, each new tenant is bound by this same agreement. If the parking agreement is not filed or is voided by the owner and/or tenant, the owner would have to replat both lots into a single lot to meet all regulations of the Zoning Ordinance or cease to operate. Approved By Initial Date Department Director RO 02/18/09 City Manager Am Ali q /o 0 After Recording Return to: Attn: Renae 011ie City of Wylie 2000 Highway 78 North Wylie, Texas 75098 PARKING AGREEMENT This Parking Agreement and Declaration of Consent is entered into between Kirby Commerce NWC, Ltd. (A), located at P.O. Box 802736, Dallas, Texas 75380 (hereinafter "Kirby Commerce A") and Kirby Commerce NWC, Ltd. (B), located at P.O. Box 802736, Dallas, Texas 75380(hereinafter"Kirby Commerce B"). WHEREAS, Kirby Commerce A owns a tract of real property, with improvements thereon, located at 601 Commerce, Wylie, Texas, more particularly described by its legal description contained in Exhibit"1"attached hereto (hereinafter"Tract A");and WHEREAS, Kirby Commerce B owns a tract of real property, with improvements thereon, located adjacent and immediately north of Tract A, more particularly described by its legal description contained in Exhibit"2"attached hereto(hereinafter"Tract B"); and WHEREAS,Tract A and Tract B are adjacent and contiguous to each other; and WHEREAS, Kirby Commerce NWC, Ltd. is the sole owner of Kirby Commerce A and Kirby Commerce B;and WHEREAS, Kirby Commerce A and Kirby Commerce B consent and agree to permit Tract A and B,and any occupants thereon to share the parking/parking spaces between the two lots so as to comply with paring alternatives granted by Article 7, Section 7.3 (F), of the general development regulations in the City of Wylie Zoning Ordinance. NOW THEREFORE, in consideration of the following,the parties hereby agree as follows: Kirby Commerce A and Kirby Commerce B hereby consent and agree that the use of the parking spaces, sites and rights available for Tracts A and B shall be permitted, utilized and/or available for use by tenants, occupants, or any other users of both Tracts A and B, so that parking PARKING AGREEMENT PAGE spaces/rights may be utilized to satisfy/comply with parking requirements of the City of Wylie, Texas and otherwise satisfy Article 7, Section 7,3 (F) entitled "Parking Alternatives", General Development Regulations in the Zoning Ordinance for the City of Wylie, Texas. In accordance with this Agreement, the tenants, occupants and other users are permitted/entitled to share the parking/parking spaces on the two lots. This consent and agreement shall run with the land and be applicable for both Tracts A and B until otherwise revoked by the parties. The Doctrine of Merger shall not apply to this Agreement, and if the owners of Tract A and B are the same person or entity, the provisions contained herein shall be construed as deed restrictions on Tract A and B. Executed this day f 2009. KIRBY COMMERCE TRACT A Robe Grunnah, President Reliance Asset Management,General Partner for Kirby Commerce,NWC,Ltd. KIRBY COMMERCE TRACT B Robert a President Reliance Asset Management, General Partner for Kirby Commerce,NWC,Ltd. SUBSCRIBED ANT SWORN TO before m lzy.Robert Grunnah on this day of. ,2009 i` -,,,NOTARY PUBLIC in and for the State of Texas ''..\\ \\ _ �I!'�Rr".'Aft'e►4'�4'R�..R1.111�iY.1'li...i. •' a :se, CATHERINE L.POWELL S ---R-* " 't-a t-A. _ e-- l „,S N k 1 rvRotary Peak,Mate o�jt Texas �}(�p s` (Typed or Printed Name of Notary) � 01ry1b31�w..1� My AW scion bonaVi'V4"1W "r K+i41�'1'Y ..'tit.4r'.4`..wM'V.4WM,V 4'V�\,,.'44- PARKING AGREEMENT PAGE 2 EXHIBIT 1 -_ ' j/${�{ 1 (DEED CALL N87'3715"E 711.931 N87493715 b 71 93 i ..„.# 0 20' Bt1H.D1NC UNE ( CAB. f.PG. MS t) ul -0 \ rn . oz) , ,, . , . ... . i ., . , -, 0 .T. 1-- 0 s om. ,73 „. - .....,._.: ,_... _, , , - pb z -,-,71 2 o -v•NE "► CK 6WLDING` ,1 t . 71 > o a t -ti 1 0 " 1 < ...-.-. -Or CAS ..-- 1 " . I. „... SEA; 1 rn y ! Q 1 R.O.W. DED. 1 STATE off° nxAS: 1:::Ti F .M ._544 ' OmanWAY) �....� - "".....---(120.00' RIGHT—OF— EXHIBIT 1A A TO THE LIENHOLDERS AND/OR OWNERS AND PURCHASERS OF THE PREMISES SURVEYED AND THE TITLE COMPANY: This is to certify that I have, this date, made an on the ground survey of the property located on 601 Commerce Street in the City of Wylie, Texas, described as follows: Being a 0.15 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 266, in the city of Wylie, Collin County, Texas, and being a portion of Lot 1, Block 2, of the 544 INDUSTRIAL PARK, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet F, Page 445, of the Map Records of Collin County, Texas, and being more particualrly described by metesa and bounds as follows: BEGINNING at an "X" cut in concrete set for corner, said point being the northwest intersection of the north line of F.M. 544 (a 120.00' right—of—way), and the west right—of—way line of Commerce Street (a 65.00 foot right—of—way), said point being the southeast corner of said Lot 1, Block 2; THENCE South 85'04'27" West, along the south line of said Lot 1, and the north line of saif F.M. 544, a distance of 72.06 feet to a 1/2 inch iron rod set for corner; THENCE North 01'20'53" West, through the interior of said Lot 1, a distance of 89.42 feet to a 1/2 inch iron rod set for corner; THENCE North 87'37'15" East, continuing through the interior of said Lot 1, a distance of 71.93 feet to a 1/2 inch iron rod set for corner, said point being in the west right—of—way line of said Commerce Street; THENCE South 01'20'53" East, along the east line of said Lot 1, and the west right—of—way line of said Commerce Street, a distance of 86.22 feet to the POINT OF BEGINNING and containing 6,316 sq. feet or 0.15 acre of computed land. MIRANDA '. MIRANDA EXHIBIT 2 vs, • 0.4111•VI Rik C17.— '—?) “ 4 ........, ......... .......... ,,.,..,, .......... ..........s *oss 4.44.4. ........44. ......44. 4.....* 4444.4 ............-4444. a 040 a 1 'I 4 4 4 0—0 .... 4 4 4., ..... •• 0 Or 9••••-4- 19:-..--- — --- ....--- — --- ---- • 4' 1 ' ' * ... .' • •• * ... T- .. -;,, • •4 . * 4 4 ' • * . • 44 4 , ,..) • • . * 4 4 •S• * . . a • •1488'4954"E • .":g• 4 .' * . '''t• • 4 Z1•03$. .si, 41 4 a $ • * • • 1 4.. . ,.. • . tr! - _..•10'-' ici . A lib . • LAI 0- La, 41'cD ro, ,l, ' •• wet .... ,„,... . • •La 4* ''''. V tf) fin I t° • ' i 5 F-e tA, *., ,Op ,, P. ' = -.1 ..- 0.., . 0 0 , > ..., r4 , . - - • , } • *• 4 ** * /:o • . * 0/S 88'22 50. VI 14-44 . ' - 71.;7' - * 4 • * 4.• . 4 *10 .,/ 'IRBY <> • 1. . , ,.. • .2 Ps' •4.. • • ' '')* 1cC/t . i 0; , ....CO WAGE "‹..... ' ,•, ,4 ' 03 . .?'s. LTD • . • i • 4 a . 1 i . .t t 4 4 .....--*--;•• .1.4—***-- f '. ) A 4.. 4 ---- - . • --_ .. _ , *A .....44,,. -1 i ......... 44.44 44.44........—... XI 44444 .44-44 4.4.44 44 • •, 4. •• •. 8 39' NIIIIIIIIIIIII• • . s 4 ,. - ... • 4 • . ,4 . • • tlkio, .4 ' AC • * • ' 4 g . • *,• 4.. 4 ""•*--..•'...7*---"*. ..• ' • 4 • • . f tjk S411 (K*1 F44t ST.) 7 40' 20' 0 40' 80' rallialliiiiiillaMill1111.11 SCALE: 1" = 40' 1 . ... . . . , ... .., - .. .. EXHIBIT 2A PROPERTY DESCRIPTION TRACT Et Being a 0.2966 acre cut—out tract of land out of the E.C. Davidson Survey, Abstract No. 266, and being part of Lot 1A, Block 2 of 544 industrial Park, an Addition to the City of Wylie, as recorded In Cabinet F. Page 445, Plat Records, Collin County, Texas, and being part of the some tract of land conveyed to The United States Postal Service, by Deed recorded in Volume 2998, Page 235, Deed Records. Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for corner at the Northeast corner of said Lot 1A of 544 Industrial Park and the common Southeast corner of a tract of land conveyed to Victory Park Baptist Church of Piano, by Deed recorded in Instrument No. 20070108000034440, Deed Records, Collin County, Texas, said corner also lying in the West right—of—way line of Commerce Drive (variable width right—of—way); THENCE South 01 degrees 09 minutes 43 seconds East, a distance of 41.33 feet to a 1/2 Inch Iron rod set for corner with yellow plastic cop stamped "DCA INC." at the POINT OF BEGINNING at the Northeast corner of said 0.2966 acre tract and lying in said West right—of—way line of Commerce Drive; THENCE South 01 degrees 09 minutes 43 seconds East, along said West right—of—way line of Commerce Drive, a distance of 180.59 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC.". said corner being the Northeast corner of a tract of land conveyed to Kirby Commerce NWC, Ltd., by Deed recorded in Instrument No. 20070710000942420, Deed Records, Collin County, Texas; THENCE South 88 degrees 22 minutes 50 seconds West, departing said West right—of—way line of Commerce Drive along the North line of said Kirby Commerce NWC tract, a distance of 71.87 feet to a 1/2 inch iron rod set for corner with yellow plastic cop stamped "DCA INC." at the Northwest corner of said Kirby Commerce NWC tract; THENCE North 00 degrees 53 minutes 49 seconds West, a distance of 181.15 feet to a 1/2 inch iron rod set for corner with yellow plastic cop stamped "DCA INC."; THENCE North 88 degrees 49 minutes 54 seconds East, a distance of 71.03 feet to the POINT OF BEGINNING and containing 12,922.81 square feet or 0.2966 acres of land. / fl M a,, '`, f r µJ/ j 1 ::),:;), r)),11)41:0),p 03 / ' cr l Nu� .:1.',,)),')74;):,V,,/';:g:/1,::,I,(,:ie r:,,,I, ',),/;:),;,',"(,/V'1;1).',:,/,1;i:,1!':::::::,1 ' lu i' w%��%r�. l,is�� i r �/,, 7/ % , ,i mM■1( j � %I �/Ii '� I %//✓ f �, j„ 1%' 10�r1%,,,,,Si, ar l;( 'i/ � � ; ,9rn�� %F;� , '` ' , i/s %s' , o//i� � � i '' ',A,/ i ,ff i ////,ri;/.i,/.%„/ B ) 14 % l �� N ,l ( "0Al'.�)� l % i;„ O, r '� .' /// , ,r / � �, ,a M1M ��L �r I Y U ��r � f/ /% O ,'. i. „ „%% 9G / %/, � � �� 6 ,4' 4yi "oc 9 %%//� GI wh iT , /f ' G;,` ! Ir ?/,;o„ al � / 4 ,l/ r r°�' ,,, ,/ ;;%,,, ." "1 u us ,ri,��iA,J� ,,„ oO%,r, ,,:/ , ' /o it,f0O /�r /' /A ,h /% i „ ( , /'44 '016k a 0 ";; / , * er, „ '/ , i �1 /�ii II, ,,,, � 1 * r / „,I mi„ r /°�19� ;� k//' //liI ," 11 81 ",4,,:.:,,!1,40001,;..!i,i,ld,.!: 1,1171,1 , ) Ili (4 ' �Jr o / „ 1 ', '' � r' ��/%��yj 1��' I I' /d 4 i l 0 fro; I�PI fQ% I)0;1 e ,/ f/ill "71 611 V /� MVO , -Ariiiii4..- .,,i,,," r - / li p + r6 , . 000 "'/ ''� r0 n fir, i if f l � / H I G %/ %% r '/} ,"j ; � , / � fir, � lli 'P d, or , i i ;,%/i 'y wV rp- ,A, o "Y' ,0 Ili t /a/,fr A !, �4 0/ ail ��rla �Y0.4 ��nn, '�,� r ,,; p � j✓dG / , �fill% 'v tl V�y' �o obi lj ` 1 r' ,"p 1 � / '! i� r. 0 ,0 �ti p / . p III ,. ii M �4�' �� ' '�°�, // ,/r rV " t III 0 ➢ ^ NY �6u k I�i ii%, / for �(V �� II / �i /rr / ," �,,,:, �` II // ,',ej "A � I Flo' 1,1 / o i N „y fA V � t �I 'Tf/ %or/ ( I tit /%r ft 7 ° ' , �4 F � i ' fl*/ � � , iroi/ %,ICw., , n,lt 1 �! o,ro �, � �, � , f • ii ��" ;c l Ifr � )); ), w ' %Ari 't0% % %,/ i Y ' %� )N i ) / c j n rlr � 0 U, l , rl rl/ J d � � � ,., ( i� �,,i jlr�! f i,, ,l w �r, el„�/ "- itl � /� / r c + 1' ,/ /��0 y >� O O o % /I / Op ,;),7,01(0;;);;;;;;.j(j, Mm ,;� Gi/ � dr �� ,� �,, le/ ri ,1J11�� J% d ��1 '` '�, „�,,, �II�� i �i; /1/ �//f, /� G / ,� r %/� ° , r%p� ' r° f% lily /m /lrr;%��/r// /jl 'S 7 3 2 2 2 - .•2 2_ RESERVED PARKWG 0 /.. 4 . \ - 08 SO 0 CO- .12 r.''""›-1•"[M L'''•'•- / & & i A,, n e 0 wgi ON 2.N ACCESSLILL 511..LLL ' rte111W ';'''' *72 ,2• HANDICAP PARKING ---/7( FGEND t2 0 1 —— 1••„,',erC:LR, • C i 4,,, -..X.22- 4k ?01, — I PARKING SIGN ,...4 - ---1--K{5113 '• - r-i .w 1,10£/•ENL (.--- =---.. PARKING SYMBOL — ; I 1 I i' - © _ ,w--,, 0000 EX ST NG BU LO NC 7e 7. ' •-1 CI ,1' GG 10212 0 } L NO11 11-1 B-1 0 > 1 tr=1V:L•73:1. ! U cr DETECTABLE WARNINGS / o , Z 1- Col aliDOOTSFarE :::7:°,5:DFi2i,:::: / ° ---- ,,,=,,:::z": kikWiLlira%F.C-0. '— T..- s 8531 31 VI 72 Q6 o..,, RAMP DETAIL Do NO SCALE S TYPICAL HANDICAP DETAILS lal . MB ,..1.4‘ FM 5 44 _ -.!i 2...... . ... ,..22.2 _J 20080930001166300 09/30/2008 10:52:05 AM D1 5 LANDAM GF#1956001992-A Special Warranty Deed NOTICE OF CONFIDENTIALITY RIGHTS: IP' IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRI i, •NY r - ALL • TH FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANS-• IN • -EST y•L PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBL O- 1 S: ' R • . AL 40, SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: September 29, 2008 Grantor: RELIANCE ASSET MANAGEMEN ' C., - • cor. :lion Grantor's Mailing Address: P.O. Box ; , Dallas, T ' : Grantee: KIRBY COMMERCE ,r , L 9 a ° exas Il ed partnership Grantee's Mailing Address: ' * :• 802 6 P -s T 53: ' Consideration: TEN AND NO/100 D• ' a'+ oth. valuable consideration. Property (includ' n 4 a pr• e -n - See EXHIBIT "• a =ched h-;et• an. made a part hereof for all purposes. Reserve '• - fr, C. 'veya .--: NONE Exc- . '•ns t• ' •n` . . nd Warranty: 1 Restri ve Covenants recorded in/under Volume 2998, Page 235 of the • erty Records of COLLIN County, Texas. 2) Easement and Right-of-Way executed by 544 Industrial Park ;` elopment, to Texas Power & Light Company and the General elephone Co., dated November 8, 1985, filed November 19, 1985, recorded in/under Volume 2258, Page 193 of the Real Property Records of COLLIN County, Texas. As corrected by Correction of Easement dated WARRANTY DEED PAGE 1 OF 4 July 17, 1986, filed August 12, 1986, recorded in Volume 2434, Page 259 of the Real Property Records of COLLIN County, Texas; as shown on survey dated December 10, 2007 by Bryan Connally, R.P.L.P. No. 5513. 3) Mineral and/or royalty interest, as described in instrument executed by Wylie Commercial Joint Venture No. 2 to 544 Industrial Park Development dated August 16, 1984, filed August 17, 1984, recorded in/under Volume 1960, Page 965 of the Real Property Records of COLLIN County, Texas, reference to said instrument is hereby made for all purposes. Title to said interest not checked subsequent to date of aforesaid instrument. 4) Mineral and/or royalty interest, as described in instrument executed by Wylie Commercial Joint Venture No. 1 to 544 Industrial Park Development dated August 16, 1984, filed August 17, 1984, recorded in/under Volume 1960, Page 957 of the Real Property Records of COLLIN County, Texas, reference to said instrument is hereby made for all purposes. Title to said interest not checked subsequent to date of aforesaid instrument. 5) Waiver of Surface Rights executed by Wylie Commercial Joint Venture No. 1, Wylie Commercial Joint Venture No. 2 and 544 Industrial Park Partnership, also known as 544 Industrial Park Development, dated February 2, 1989, filed February 7, 1989, recorded in Volume 2998, Page 245 of the Real Property Records of COLLIN County, Texas. 6) The following, all according to plat recorded in Cabinet F, Page 445, of the Plat Records of COLLIN County, Texas; as shown on survey dated December 10, 2007 by Bryan Connally, R.P.L.P. No. 5513. a) Twenty foot (20') building line along the East property line. 7) Taxes for the year 2008, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. SPECIAL WARRANTY DEED PAGE 2 OF 4 RELIANCE ASSET M• • - EMEN INC., a Texas corporatio By: I► / d . ROBERT GRU ' 7', Pr:sident (ACKNOWLEDGMENT) THE STATE OF TEXAS COUNTY OF DALLAS Before me, tt, ilga Sr l+2.- , a notary public on this day personally appeared, ROBERT GRUNNAH, in his capacity as President of RELIANCE ASSET MANAGEMENT, INC., a Texas corporation, and known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this —I day of September, 2008. 28--4 ' . I �r! H. REED SHAWVER iii f* rio�ryPuniiaseorTexa� Notary.Public State of Texas {} • My Commission Expires Z; •, June17,2012 a.._.. w+sMrMY SPECIAL WARRANTY DEED PAGE 3 OF 4 EXHIBIT "A" Being a 0.2966 acre cut-out tract of land out of the E.C. Davidson Survey, Abstract No. 266, and being part of Lot 1, Block 2 of 544 Industrial Park, an Addition to the City of Wylie, as recorded in Cabinet F, Page 445, Plat Records, Collin County, Texas, and being part of the same tract of land conveyed to The United States Postal Service, by Deed recorded in Volume 2998, Page 235, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found for corner at the Northeast corner of said Lot 1 of 544 Industrial Park and the common Southeast corner of a tract of land conveyed to Victory Park Baptist Church of Plano, by Deed recorded in instrument No. 20070108000034440, Deed Records, Collin County, Texas, said corner also lying in the West right-of-way line of Commerce Drive (variable width right-of-way); THENCE South 01 degrees 09 minutes 43 seconds East, a distance of 41.33 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC." at the POINT OF BEGINNING at the Northeast corner of said 0.2966 acre tract and lying in said West right-of-way line of Commerce Drive; THENCE South 01 degrees 09 minutes 43 seconds East, along said West right-of- way line of Commerce Drive, a distance of 180.59 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC.", said corner being the Northeast corner of a tract of land conveyed to Kirby Commerce NWC, Ltd., by Deed recorded in Instrument No. 20070710000942420, Deed Records, Collin County, Texas; THENCE South 88 degrees 22 minutes 50 seconds West, departing said West right-of-way line of Commerce Drive along the North line of said Kirby Commerce NWC tract, a distance of 71.87 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC." at the Northwest corner of said Kirby Commerce NWC tract; THENCE North 00 degrees 53 minutes 49 seconds West, a distance of 181.15 feet to a 1/2 inch iron rod set for corner with yellow plastic cap stamped "DCA INC."; THENCE North 88 degrees 49 minutes 54 seconds East, a distance of 71.03 feet to the POINT OF BEGINNING and containing 12,922.81 square feet or 0.2966 acres of land, more or less. SPECIAL WARRANTY DEED PAGE 4 OF 4 Filed and Recorded Official Public Records c; Stacey Kemp, County Clerk ..� Collin County, TEXAS 09/30/2008 10:52:05 AM $32.00 DLAIRD 20080930001166300 C;44' Gam. COLLIN Properties Page 1 of 3 COLLIN CAD Property Information COLLIN Short Account Number: 1920755 Long Account Number: R-2000 002-001 B-1 Owner's Name KIRBY COMMERCE NWC LTD and Mailing PO BOX 802736 Address DALLAS,TX 75380 Location 601 COMMERCE WYLIE,75098 Legal 544 INDUSTRIAL PARK, BLOCK 2, LOT 1 B Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 1.510000000 EXEMPTION INFORMATION Exemption Code Exemption Description Data up to date as of 2008-02-13. PROPERTY VALUE INFORMATION 2008 Certified Exemptions (See Improvement Value Subject To $0 Below) Homestead $110,291 Land Acres Other Improvement Value 0.1446 $110,291 Last Deed Date Total Improvement Value Last Deed Volume 07092007 $62,988 Last Deed Page Land Market Value $0 Last Deed Inst. Land Ag. Productivity Value Num. $173,279 Agent Code 0 Total Market Value *'New'means that this property was added after the values were prepared. MAPS and FORMS Plat Map Image(TIFF New! Plat Map(PDF GIS Digital Map format) format) http://www.collincad.org/collindetail.php?theKey=1920755 02/18/2009 COLLIN Properties Page 1 of 3 COLLIN CAD Property Information COLLIN Short Account Number. 2647867 Long Account Number: R-2000- 002-001 C-1 Owner's Name KIRBY COMMERCE NWC LTD and Mailing PO BOX 802736 Address DALLAS,TX 75380 Location 601 COMMERCE ,75098 Legal 544 INDUSTRIAL PARK, BLK 2, LOT 1 C,0.2966 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 IJCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 1.510000000 EXEMPTION INFORMATION Exemption Code Exemption Description Data up to date as of 2008-02-13. PROPERTY VALUE INFORMATION 2008 Certified Exemptions (See Improvement Value Subject To $0 Below) Homestead $0 Land Acres Other Improvement Value 0.2966 $0 Last Deed Date Total Improvement Value Last Deed Volume $64,600 Last Deed Page Land Market Value $0 Last Deed Inst. Land Ag. Productivity Value Num. $64,600 Agent Code 0 Total Market Value "'New'means that this property was added after the values were prepared. MAPS and FORMS Plat Map lmaae(TIFF Newt Plat Mao(PDF GIS Digital Map format) format) http://www.collincad.org/collindetail.php?theKey=2647867 02/18/2009 Wylie City Council CITY OF W LI . AGENDA REPORT Meeting Date: February 24, 2009 Item Number: Work Session Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: February 19, 2009 Budgeted Amount: Exhibits: Subject Presentation regarding a recommendation from the Public Art Advisory Board to accept the donation of art by sculptor Herk Von Tongeren to the City of Wylie. Recommendation None Discussion Art Consultant Sharon Leeber has notified the City that there is a possibility that the City could obtain a piece of art created by Herk Von Tongeren. The art is listed in the Smithsonian American Art Research System and is in very good condition. Pursuant to Ordinance No. 2005-57 approval of donations with a value up to and including $5,000 may be approved by the City Manager. Donations with a value that exceeds $5,000 must be approved by the Wylie City Council. This art piece has been valued at $300,000. The acceptance would require the City to pay a small stipend to the art consultant and shipping and storage until installation. The donor wishes to be anonymous until acceptance of the piece. The Public Arts Board will present a short presentation to review the art and answer any questions Council may have. Staff is requesting direction from Council regarding whether to bring this item back on a future agenda to approve and accept the donation and subsequent agreement between the parties. Approved By Initial Date Department Director CE 2-19-09 City Manager Page 1 of 1 ?At Wylie City Council CITY OF W LI . AGENDA REPORT Meeting Date: February 24, 2009 Item Number: Work Session Department: PIO (City Secretary's Use Only) Prepared By: Craig Kelly Account Code: Date Prepared: February 19, 2009 Budgeted Amount: Exhibits: Subject Presentation,update and discussion on the re-design and functionality of www.wylietexas.gov. Recommendation None Discussion Several months ago a diverse team comprised of ten staff members, including, PIO Craig Kelly, City Secretary Carole Ehrlich, Admin Secretary Margaret Schlossstein, IS Technician Shaun Butterley, Planning Director Renae' 011ie, Assistant Parks Superintendent Robert Diaz, Executive Assistant Rachael Hermes, Library Director Rachel Orozco and Sgt. Tommy Walters,began the process of redesigning www.wylietexas.gov. Goals of the redesign of www.wylietexas.gov include: - Create a "One Stop Shop" for City information, improving access to city government for both internal and external stakeholders. If the information is public,it should be found on wylietexas.gov. -Provide a cost effective Content Management Platform (CMS) for wylietexas.gov. Monthly/Annual expenditures should be in line with or below FY 2008 budget web expenditures. - Decentralize the website's content update process giving ownership to individual departments and groups. Multiple content contributors will be able to directly create, publish and update the web site. By empowering content experts, this collaborative process will ensure that citizens have access to up-to-date, accurate information - Provide citizens, staff, visitors, and businesses with an interactive, functional, easy to navigate, visually pleasing, de- cluttered web experience. - Explore and potentially utilize the latest "Social Networking" tools to expand the reach of wylietexas.gov including YouTube and Flickr. - Enhance on line services (E-Gov functionality) for residents and local businesses. Approved By Initial Date Department Director City Manager Page 1 of 1