05-20-2022 (WEDC) Agenda Packet Wylie Economic Development Corporation
Board Regular Meeting
May 20,2022—7:00 AM
WEDC Office Conference Room-250 South Highway 78,Wylie, Texas
75098
CALL TO ORDER
INVOCATION& PLEDGE OF ALLEGIANCE
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Board regarding an item that is not listed on the Agenda. Members of the public must
fill out a form prior to the meeting in order to speak.Board requests that comments be limited to three minutes for an individual,
six minutes for a group.In addition,Board is not allowed to converse, deliberate or take action on any matter presented during
citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Board 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 Minutes from the April 22, 2022 Regular Meeting of the WEDC Board
of Directors.
B. Consider and act upon approval of the April 2022 WEDC Treasurer's Report.
DISCUSSION ITEMS
DS1. Discussion regarding ICSC events.
DS2. Discussion regarding Tax Increment Reinvestment Zones.
DS3. Discussion regarding Board&Commission Code of Conduct.
DS4. Discuss issues surrounding the FY 2022-2023 WEDC Budget.
DS5. Staff report: WEDC Property Update, Downtown Parking, Engineering Report, Upcoming Events, and
WEDC Activities/Programs.
EXECUTIVE SESSION
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
Page 11
1
ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper,
FM 544/Sanden, State Hwy 78/Alanis, State Hwy 78/Ballard, State Hwy 78/Birmingham, and State Hwy
78/Brown.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay,or expand in or near the territory of
the governmental body and with which the governmental body is conducting economic development negotiations;
or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1).
ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business
prospect and to discuss the offer of incentives for Projects: 2017-10a,2020-1 lb,2021-2d,2021-4a,2021-4b,
2021-5a, 2021-6a, 2021-6c, 2021-7a, 2021-8a, 2021-9e, 2021-9f, 2021-11a, 2021-12a, 2021-12b, 2022-la,
2022-2a, 2022-2b, 2022-4a, and 2022-4b.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
FUTURE AGENDA ITEMS
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on.May 13,2022 at 5:00 p.m. on the outside bulletin board at Wylie
City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the
public at all times.
Stephanie Storm, City Secretary Date Notice Removed
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.Hearing
impaired devices are available from the City Secretary prior to each meeting.
If during the course of the meeting covered by this notice, the Board should determine that a closed or executive
meeting or session of the Board or a consultation with the attorney for the City should be held or is required, then
such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open.Meetings
Act,Texas Government Code § 551.001 et. seq.,will be held by the Board at the date,hour and place given in this
notice as the Board may conveniently meet in such closed or executive meeting or session or consult with the
attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including,
but not limited to,the following sanctions and purposes:
Texas Government Code Section:
§ 551.071 —Private consultation with an attorney for the City.
Page 12
2
§ 551.072—Discussing purchase, exchange,lease or value of real property.
§ 551.073—Discussing prospective gift or donation to the City.
§ 551.074—Discussing personnel or to hear complaints against personnel.
§ 551.076—Discussing deployment of security personnel or devices or security audit.
§ 551.087—Discussing certain economic development matters.
Page 13
3
05/20/2022 Item A.
Minutes
Wylie Economic Development Corporation
Board of Directors Meeting
April 22, 2022—8:30 A.M.
WEDC Offices—Conference Room
250 S Hwy 78—Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum
Vice President Melisa Whitehead called the meeting to order at 8:35 a.m. Board Members present were Gino
Mulliqi,Tim Gilchrist, and Blake Brininstool.
Ex-Officio Members Mayor Matthew Porter and Interim City Manager Brent Parker were present.
WEDC staff present included Executive Director Jason Greiner, BRE Director Angel Wygant, and Senior
Assistant Rachael Hermes.
INVOCATION&PLEDGE OF ALLEGIANCE
Angel Wygant gave the invocation and led the Pledge of Allegiance.
COMMENTS ON NON-AGENDA ITEMS
With no citizen participation,Vice President Whitehead moved to Consent Agenda.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the WEDC Board of Directors and
will be enacted by one motion. There will not be a 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 Minutes from the March 16,2022 Regular Meeting and March
21,2022 Special Called Meeting of the WEDC Board of Directors.
B. Consider and act upon approval of the March 2022 WEDC Treasurer's Report.
Board Action
A motion was made by Gino Mulliqi, seconded by Blake Brininstool, to approve the Consent Agenda
as presented.A vote was taken, and the motion passed 4-0.
REGULAR AGENDA
1. Consider and act upon a Third Amendment to the Purchase and Sale Agreement between the
WEDC and Victory Group,LLC.
Staff Comments
Staff discussed the approved Purchase and Sale Agreement with Victory Group, LLC for the sale of
property at 201 Industrial Court on July 21, 2021, as well as the subsequent amendments to the
agreement on October 20, 2021 and January 6, 2022. The "Approval Period" (Section 2.06a) in the
contract was extended from ninety(90)days to December 15,2021 and then again to February 9,2022.
Victory Group has since exercised both of their Approval Period Extensions to get the necessary P&Z
and City Council approvals.
The proposed Third Amendment will allow adequate time for Victory Group to receive final City
Council approval at the April 26th meeting and will extend the Approval Period to 5:00 PM on May 11,
4
05/20/2022 Item A.
WEDC—Minutes
April 22, 2022
Page 2 of 4
2022. The proposed Third Amendment also terminates any further right for an Approval Period
Extension. Staff anticipates Victory Group to close on or before June 10,2022.
Board Action
A motion was made by Gino Mulliqi,seconded by Tim Gilchrist,to approve a Third Amendment to the
Purchase and Sale Agreement between the WEDC and Victory Group, LLC for the sale of
approximately.29-acre of real property and further authorize the WEDC Board President to execute all
documentation necessary to effectuate the transactions.A vote was taken, and the motion passed 4-0.
2. Consider and act upon a First Amendment to the Letter of Understanding between WEDC and
Union Pacific.
Staff Comments
Staff discussed the purchase of property at 401 N Keefer and the redevelopment of the property located
in the Downtown Historic District. A Letter of Understanding between Union Pacific and the WEDC
was executed on February 22,2022 for the purchase of the.476-acre lot adjacent to 401 N Keefer.The
purchase was later authorized by the WEDC Board at the March 16,2022 WEDC Board Meeting.
Union Pacific is requesting an extension to the LOU to allow more time to get the deed finalized.
Approval of the First Amendment to the Letter of Understanding would amend the closing date from
April 30,2022 to May 30,2022. Staff anticipates closing on the property on or before May 27,2022.
Board Action
A motion was made by Gino Mulliqi, seconded by Blake Brininstool,to approve a First Amendment to
the Letter of Understanding between the WEDC and Union Pacific for the purchase of a .476-acre
property and further authorizing the WEDC Executive Director to execute the amendment. A vote was
taken,and the motion passed 4-0.
DISCUSSION ITEMS
DS1. Update from the Subcommittee of the Board to review and recommend any modifications to the
existing bylaws of the Corporation.
Staff Comments
Staff and Subcommittee Members Whitehead and Gilchrist discussed the process of bylaw review and
consideration of the bylaws of neighboring economic development corporations. Staff will provide the
proposed revisions to the attorney for their review and anticipates that a draft copy will likely be
available at the next Board Meeting.
DS2. Discussion regarding ICSC events.
Staff Comments
Staff noted the ICSC Red River Conference that took place in March. Board Member Mulliqi, Vice
President Whitehead, and Mayor Porter discussed the value of the conference.
ICSC Las Vegas takes place May 22-24. Staff is in the process of scheduling meetings/events and will
provide calendar invites to the attendees shortly before the event. The Board highlighted potential
opportunities for discussion at ICSC Las Vegas.
DS3. Discussion regarding Property Listing Agreement.
5
05/20/2022 Item A.
WEDC—Minutes
April 22, 2022
Page 3 of 4
Staff Comments
Staff discussed Exclusive Listing Agreements and previous brokerage representation by Edge Realty
Partners. Staff has been approached by a separate group to represent properties and wanted to provide
the information to the Board.
DS4. Discuss issues surrounding the FY 2022-2023 WEDC Budget.
Staff Comments
Staff discussed preparation of the FY 2022-2023 WEDC Budget and reviewed assumptions that will be
made for ending FY 2021-2022 to project the future budget. Staff noted that the Finance Department
has requested expenses previously budgeted in Capital Projects be moved into Special Services. Staff is
requesting that Special Services be further split into subaccounts to provide differentiation between
expenses within that account. Staff anticipates an ending balance of$1.7 MM for FY 2021-2022. The
Board discussed the consideration of requiring a minimum cash balance to operate. Staff will provide
additional detail to the Board to reflect both 3-month and 6-month cash reserve buffers to cover loan
and operational expenses.
DS5. Staff report: WEDC Property Update, Downtown Parking, Engineering Report, Temporary
Access Agreements,Upcoming Events, and WEDC Activities/Programs.
Staff Comments
Staff referred the Board to the Agenda Report and quarterly reports provided in the packet for all updates
related to WEDC-owned properties, downtown parking, engineering reports, temporary access
agreements,upcoming events, and WEDC activities/programs. The Board recommended issuance of a
Press Release regarding the tree removal at Hwy 78&Brown. Staff discussed shifting the May WEDC
Board Meeting to Friday,May 20th
EXECUTIVE SESSION
Recessed into Closed Session at 9:49 a.m.in compliance with.Section 551.001,et.seq.Texas Government Code,
to wit:
Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING.
ESl. Discussion regarding WEDC-owned property.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
ES2. Consider the sale or acquisition of properties located at Ballard/Brown,Brown/Eubanks,FM
544/Cooper,FM 544/Sanden,State Hwy 78/Alanis,State Hwy 78/Ballard,State Hwy
78/Birmingham, and State Hwy 78/Brown.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
ES3. Deliberation regarding commercial or financial information that the WEDC has received from a
business prospect and to discuss the offer of incentives for Projects: 2017-10a,2020-11b,2021-2d,
2021-4a,2021-4b,2021-5a,2021-6a,2021-6c,2021-7a, 2021-8a,2021-9e,2021-9f,2021-1.1a,2021-
12a, 2021-12b,2022-la,2022-2a,2022-2b,2022-4a,and 2022-4b.
6
05/20/2022 Item A.
WEDC—Minutes
April 22, 2022
Page 4 of 4
Board Member Mulliqi stepped out at 9:51 a.m. during Executive Session and filed a Conflict of Interest form
with Staff. Board Member Mulliqi returned at 10:07 a.m.
RECONVENE INTO OPEN SESSION
Take any action as a result of the Executive Session.
Vice President Whitehead reconvened into Open Session at 11:02 a.m.
FUTURE AGENDA ITEMS
There were no Items requested for inclusion on future agendas.
ADJOURNMENT
With no further business,Vice President Whitehead adjourned the WEDC Board meeting at 11:03 a.m.
Demond Dawkins,President
ATTEST:
Jason Greiner,Executive Director
7
05/20/2022 Item B.
Wylie Economic Development
Board
AGENDA REPORT
Meeting Date: May 20, 2022 Item Number: B
Prepared By: Jason Greiner Account Code:
Date Prepared: 5/13/22 Exhibits: 4
Subject
Consider and act upon approval of the April 2022 WEDC Treasurer's Report.
Recommendation
Motion to approve the April 2022 WEDC Treasurer's Report.
Discussion
Presented for the Board's review and approval is the April 2022 Treasurer's Report detailing the month and year-to-date
financial transactions and performance against budget. In this report you will find the Revenue and Expense Report,
Statement of Net Position,Balance Sheet, and Sales Tax Report.
REVENUES:
Sales Tax Revenue earned in February allocated in April,was $265,773.80, an increase of 19.78%over the same period
in 2021.
EXPENSES:
Special Services
$2,500 Zachary Construction-401 N Keefer Storm Cellar Removal
$8,500 Zachary Construction-401 N Keefer Demolition
$18,050 Wilson&Company-Inspection Services Fee @10 days
$17,550 Wilson&Company-Roadway Worker Fee @10 days
$5,420 Diamond Squared-Plumbing Repairs 104 S Ballard
Engineering/Architecture
$4,800 Roome Land Surveying-Hwy 78 &Brown Tree Survey
Page 1 of 1
05/20/2022 Item B.
CO , IC April Rev/Exp Report
D VELO ' NIENT Account Summary
For Fiscal: 2021-2022 Period Ending: 04/30/2022
Variance
Original Current Period Fiscal Favorable Percent
Total Budget Total Budget Activity Activity (Unfavorable) Remaining
Fund:111-WYLIE ECONOMIC DEVEL CORP
Revenue
Category:400-Taxes
111 .4000 40210 SALES TAX 3,789,966.00 3,789,966.00 265,773.80 1,579,061.67 -2,210,904.33 58.34%
Category:400-Taxes Total: 3,789,966.00 3,789,966.00 265,773.80 1,579,061.67 -2,210,904.33 58.34%
Category:460-Interest Income
111 4000 46110 ALLOCATED INTEREST EARNINGS 6,000.00 6,000.00 238.05 1,242.57 -4,757.43 79.29%
Category:460-Interest Income Total: 6,000.00 6,000.00 238.05 1,242.57 -4,757.43 79.29%
Category:480-Miscellaneous Income
111 4000 48110 RENTAL INCOME 132,240.00 132,240.00 13,320.00 67,320.00 -64,920.00 49.09%
111 4000 48410 MISCELLANEOUS INCOME 0.00 0.00 0.00 1,044.96 1,044.96 0.00%
111 4000 48430 GAIN/(LOSS)SALE OF CAP ASSETS 2,601,116.00 2,601,116.00 0.00 0.00 -2,601,116.00 100.00%
Category:480-Miscellaneous Income Total: 2,733,356.00 2,733,356.00 13,320.00 68,364.96 -2,664,991.04 97.50%
Category:490-Transfers In&Other Financing Sources
111 4000 49325 BANK NOTE PROCEEDS 0.00 8,108,000.00 0.00 8,108,000.00 0.00 0.00%
Category:490-Transfers In&Other Financing Sources Total: 0.00 8,108,000.00 0.00 8,108,000.00 0.00 0.00%
Revenue Total: 6,529,322.00 14,637,322.00 279,331.85 9,756,669.20 -4,880,652.80 33.34%
Expense
Category:510-Personnel Services
111 5611-51110 SALARIES 286,558.00 286,558.00 19,732.41 145,575.44 140,982.56 49.20%
111 5611-51140 LONGEVITY PAY 729.00 729.00 0.00 724.00 5.00 0.69%
111 5611 51310 TMRS 44,530.00 44,530.00 3,043.78 22,784.60 21,745.40 48.83%
111 5611 51410 HOSPITAL&LIFE INSURANCE 49,304.00 49,304.00 3,176.72 19,928.98 29,375.02 59.58%
111 5611 51420 LONG-TERM DISABILITY 1,707.00 1,707.00 44.67 312.69 1,394.31 81.68%
111 5611-51440 FICA 18,623.00 18,623.00 1,092.89 8,290.46 10,332.54 55.48%
1)1 5611 51450 MEDICARE 4,355.00 4,355.00 255.59 1,938.85 2,416.15 55.48%
111 5611 51470 WORKERS COMP PREMIUM 378.00 390.56 0.00 390.55 0.01 0.00%
1)1 5611 51480 UNEMPLOYMENT COMP(TWC) 1,080.00 1,080.00 0.00 26.99 1,053.01 97.50%
Category:510-Personnel Services Total: 407,264.00 407,276.56 27,346.06 199,972.56 207,304.00 50.90%
Category:520-Supplies
111 5611-52010 OFFICE SUPPLIES 5,000.00 5,000.00 63.98 2,152.58 2,847.42 56.95%
111 5611 52040 POSTAGE&FREIGHT 300.00 300.00 31.80 71.70 228.30 76.10%
111 5611-52810 FOOD SUPPLIES 6,100.00 6,100.00 124.85 2,534.87 3,565.13 58.44%
Category:520-Supplies Total: 11,400.00 11,400.00 220.63 4,759.15 6,640.85 58.25%
Category:540-Materials for Maintenance
111 5611-54610 FURNITURE&FIXTURES 2,500.00 2,500.00 0.00 7,569.50 -5,069.50 -202.78%
111 5611 54810 COMPUTER HARD/SOFTWARE 5,500.00 5,500.00 0.00 0.00 5,500.00 100.00%
Category:540-Materials for Maintenance Total: 8,000.00 8,000.00 0.00 7,569.50 430.50 5.38%
Category:560-Contractual Services
111 5611-56030 INCENTIVES 1,043,973.00 1,043,973.00 0.00 148,221.77 895,751.23 85.80%
111 5611 56040 SPECIAL SERVICES 118,156.00 1,962,496.00 55,056.23 1,789,815.19 172,680.81 8.80%
111 5611 56080 ADVERTISING 129,100.00 129,100.00 3,515.00 34,978.60 94,121.40 72.91%
111 5613 56090 COMMUNITY DEVELOPMENT 52,050.00 52,050.00 1,172.64 22,680.13 29,369.87 56.43%
111 5611 56110 COMMUNICATIONS 6,400.00 6,400.00 398.97 2,699.74 3,700.26 57.82%
111 5611 56180 RENTAL 27,000.00 27,000.00 2,250.00 15,750.00 11,250.00 41.67%
111 5611 56210 TRAVEL&TRAINING 74,600.00 74,600.00 7,225.03 31,497.45 43,102.55 57.78%
111 5611 56250 DUES&SUBSCRIPTIONS 39,810.00 39,810.00 217.15 43,558.71 -3,748.71 -9.42%
111 5611 56310 INSURANCE 6,303.00 6,303.00 0.00 5,458.01 844.99 13.41%
111 5611 56610 AUDIT&LEGAL SERVICES 33,000.00 33,000.00 0.00 10,666.50 22,333.50 67.68%
111 5611 56570 ENGINEERING/ARCHITECTURAL 87,500.00 189,300.00 4,800.00 43,642.55 145,657.45 76.95%
5/13/2022 9.52 31 AM Pogo 1 of 4
9
05/20/2022 Item B.
Budget Report For Fiscal:2021-2022 Period Ending:04/30/2022
Variance
Original Current Period Fiscal Favorable Percent
Total Budget Total Budget Activity Activity (Unfavorable) Remaining
111 561156610 UTILITIES-ELECTRIC 2,400.00 2,400.00 0.00 787.31 1,612.69 67.20%
Category:560-Contractual Services Total: 1,620,292.00 3,566,432.00 74,635.02 2,149,755.96 1,416,676.04 39.72%
Category:570-Debt Service&Capital Replacement
111 561157410 PRINCIPAL PAYMENT 694,127.33 5,403,249.03 26,280.11 4,868,091.34 535,157.69 9.90%
1115611-574n INTEREST EXPENSE 315,135.79 326,452.12 23,768.89 155,749.84 170,702.28 52.29%
Category:570-Debt Service&Capital Replacement Total: 1,009,263.12 5,729,701.15 50,049.00 5,023,841.18 705,859.97 12.32%
Category:580-Capital Outlay
111 5611_58110 LAND-PURCHASE PRICE 0.00 3,983,392.59 -621.49 3,894,644.85 88,747.74 2.23%
111561158210 STREETS&ALLEYS 2,175,000.00 2,425,000.00 0.00 59,475.90 2,365,524.10 97.55%
111561158995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 -3,895,266.34 3,895,266.34 0.00%
Category:580-Capital Outlay Total: 2,175,000.00 6,408,392.59 -621.49 58,854.41 6,349,538.18 99.08%
Expense Total: 5,231,219.12 16,131,202.30 151,629.22 7,444,752.76 8,686,449.54 53.85%
Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76%
Report Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76%
5/13R022 9.5? 01 AM Page 0 of 4
10
05/20/2022 Item B.
Budget Report For Fiscal:2021-2022 Period Ending:04/30/2022
Group Summary
Variance
Original Current Period Fiscal Favorable Percent
Categor... Total Budget Total Budget Activity Activity (Unfavorable) Remaining
Fund:111-WYLIE ECONOMIC DEVEL CORP
Revenue
400-Taxes 3,789,966.00 3,789,966.00 265,773.80 1,579,061.67 -2,210,904.33 58.34%
460-Interest Income 6,000.00 6,000.00 238.05 1,242.57 -4,757.43 79.29%
480-Miscellaneous Income 2,733,356.00 2,733,356.00 13,320.00 68,364.96 -2,664,991.04 97.50%
490-Transfers In&Other Financing Sources 0.00 8,108,000.00 0.00 8,108,000.00 0.00 0.00%
Revenue Total: 6,529,322.00 14,637,322.00 279,331.85 9,756,669.20 -4,880,652.80 33.34%
Expense
510-Personnel Services 407,264.00 407,276.56 27,346.06 199,972.56 207,304.00 50.90%
520-Supplies 11,400.00 11,400.00 220.63 4,759.15 6,640.85 58.25%
540-Materials for Maintenance 8,000.00 8,000.00 0.00 7,569.50 430.50 5.38%
560-Contractual Services 1,620,292.00 3,566,432.00 74,635.02 2,149,755.96 1,416,676.04 39.72%
570-Debt Service&Capital Replacement 1,009,263.12 5,729,701.15 50,049.00 5,023,841.18 705,859.97 12.32%
580-Capital Outlay 2,175,000.00 6,408,392.59 -621.49 58,854.41 6,349,538.18 99.08%
Expense Total: 5,231,219.12 16,131,202.30 151,629.22 7,444,752.76 8,686,449.54 53.85%
Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76%
Report Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74 254.76%
5/1.3/r3072 9: ?:31 AM Page 3 of a
11
05/20/2022 Item B.
Budget Report For Fiscal:2021-2022 Period Ending:04/30/2022
Fund Summary
Variance
Original Current Period Fiscal Favorable
Fund Total Budget Total Budget Activity Activity (Unfavorable)
111-WYLIE ECONOMIC DEVEL COR 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74
Report Surplus(Deficit): 1,298,102.88 -1,493,880.30 127,702.63 2,311,916.44 3,805,796.74
5/13/)022 9 5? 41 AM Page 4 of 4
12
05/20/2022 Item B.
Wylie Economic Development Corporation
Statement of Net Position
As of April 30, 2022
Assets
Cash and cash equivalents $ 2,024,074.81
Receivables $ 60,000.00 Note 1
Inventories $ 16,330,536.04
Prepaid Items $ -
Total Assets $ 18,414,610.85
Deferred Outflows of Resources
Pensions $ 75,630.55
Total deferred outflows of resources $ 75,630.55
Liabilities
Accounts Payable and other current liabilities $ 5,692.36
Unearned Revenue $ 1,200.00 Note 2
Non current liabilities:
Due within one year $ 174,485.75 Note 3
Due in more than one year $ 8,187,633.93
Total Liabilities $ 8,369,012.04
Deferred Inflows of Resources
Pensions $ (45,385.41)
Total deferred inflows of resources $ (45,385.41)
Net Position
Net investment in capital assets $ -
Unrestricted $ 10,075,843.95
Total Net Position $ 10,075,843.95
Note 1: Includes incentives in the form of forgivable loans for$60,000(LUV-ROS)
Note 2: Deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of$32,301
13
05/20/2022 Item B.
WYL ' E DEVEC
LO IC
PME, .w Balance Sheet
Account Summary
As Of 04/30/2022
Account Name Balance
Fund:111-WYLIE ECONOMIC DEVEL CORP
Assets
1,;:,,1,,;19,PJQz10.10 CLAIM ON CASH AND CASH EQUIV. 2,022,074.81
111-1000-1.0115 CASH-WEDC-INWOOD 0.00
1.1.1-1000.10135 ESCROW 0.00
111-1000-10180 DEPOSITS 2,000.00
ii:L-11000-10198 OTHER-MISC CLEARING 0.00
111-1000-10341 TEXPOOL 0.00
111 1000.10343 LOGIC 0.00
111-1000-1.0481 INTEREST RECEIVABLE 0.00
i11-loon-Y=L51,1, ACCTS REC-MISC 0.00
11.1-1000-1:151 i` ACCTS REC-SALES TAX 0.00
11i-1000-1.2810 LEASE PAYMENTS RECEIVABLE 0.00
111-1000-12950 LOAN PROCEEDS RECEIVABLE 0.00
1.11 1000 12996 LOAN RECEIVABLE 0.00
1.11-1000-12997 ACCTS REC-JTM TECH 0.00
1114000-12998 ACCTS REC-FORGIVEABLE LOANS 60,000.00
111-1000 14112 INVENTORY-MATERIAL/SUPPLY 0.00
111-1000-14116 INVENTORY-LAND&BUILDINGS 16,330,536,04
111_1000-1,4:118 INVENTORY-BAYCO/SANDEN BLVD 0.00
111-1000-14310 PREPAID EXPENSES-MISC 0.00
111-1000-14410 DEFERRED OUTFLOWS 768,867.00
Total Assets: 19,183,477.85 19,183,477.85
Liability
111-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00
111-2000-20111 MEDICARE PAYABLE 0.00
11.1-2000-20:L12 CHILD SUPPORT PAYABLE 0.00
111-2000-20113 CREDIT UNION PAYABLE 0.00
111-2000-201.14 IRS LEVY PAYABLE 0.00
111-2000-20115 NATIONWIDE DEFERRED COMP 0.00
11.1-2000-20116 HEALTH INSUR PAY-EMPLOYEE -55.01
111.-2000-2011.7 TMRS PAYABLE 0.00
111 2000-2011z, ROTH IRA PAYABLE 0.00
111-2000-20119 WORKERS COMP PAYABLE 0.00
111-2000-20120 FICA PAYABLE 0.00
111-2000-20121 TEC PAYABLE 0.00
1:11-2000-20122 STUDENT LOAN LEVY PAYABLE 0.00
111-2000-20123 ALIMONY PAYABLE 0.00
1:11,-2000-20124 BANKRUPTCY PAYABLE 0.00
1.11-2000-20125 VALIC DEFERRED COMP 0.00
111:2000-20126 ICMA PAYABLE 0.00
111-2000-20127 EMP.LEGAL SERVICES PAYABLE 0.00
111-2000-20„130 FLEXIBLE SPENDING ACCOUNT 5,687.36
111-2000-20:131 EDWARD JONES DEFERRED COMP 0.00
11172000-201.32 EMP CARE FLITE 12.00
111-2000-20133 Unemployment Comp Payable 0.01
111-2000-201,51 ACCRUED WAGES PAYABLE 0.00
111-2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00
111-2000-20199 MISC PAYROLL PAYABLE 0,00
111-2.000-202.01 AP PENDING 0.00
111-2000-20210 ACCOUNTS PAYABLE 0.00
111-2000-20530 PROPERTY TAXES PAYABLE 0.00
111-2000-20540 NOTES PAYABLE 768,867.00
111-2000-20810 DUE TO GENERAL FUND 0.00
5/13/2022 9:55.79 All PGigc 1. u1 0
14
05/20/2022 Item B.
Balance Sheet iks Of 04/30/2022
Account Name Balance
111 2000-222711 DEFERRED INFLOW 0.00
2noo 22275 DEF INFLOW-LEASE PRINCIPAL 0.00
111 2000 22 Z80 DEFERRED INFLOW-LEASE INT 0.00
111 2000 22915 RENTAL DEPOSITS 1,200.00
Total Liability: 775,759.36
Equity
111 300C)34110 FUND BALANCE-RESERVED 0.00
111 3000 34000 FUND BALANCE-UNRESERV/UNDESIG 16,095,802.05
Total Beginning Equity: 16,095,802.05
Total Revenue 9,756,669.20
Total Expense 7,444,752.76
Revenues Over/Under Expenses 2,311,916.44
Total Equity and Current Surplus(Deficit): 18,407,718.49
Total Liabilities,Equity and Current Surplus(Deficit): 19,183,477.85
15
05/20/2022 Item B.
Balance Sheet s • I, I I
Account Name Balance
Fund:922-GEN LONG TERM DEBT(WEDC)
Assets
922.1000-1.0312 GOVERNMENT NOTES 0.00
922-1000-1.8110 LOAN-WEDC 0.00
922-1000-18120 LOAN-BIRMINGHAM 0.00
922-1000-1.8210 AMOUNT TO BE PROVIDED 0.00
922-1000-18220 BIRMINGHAM LOAN 0.00
922-1000619050 DEF OUTFLOW TMRS CONTRIBUTIONS 39,535.29
922-1000-190,,,i_, DEF OUTFLOW SDBF CONTRIBUTIONS 3,027.00
922-1000-1.9075 DEF OUTFLOW-INVESTMENT EXP -37,953.52
92271.000-19100 DEF OUTFLOW-ACT EXP/ASSUMP 71,021.78
922-1000,19125 (GAIN)/LOSS ON ASSUMPTION CHGS -44,574.41
922-1(100-19126 DEF INFLOW SDBF CONTRIBUTIONS -811.00
Total Assets: 30,245.14 30,245.14
Liability
922.-2000-20310 COMPENSATED ABSENCES PAYABLE 0.00
922-2000-20311 COMP ABSENCES PAYABLE-CURRENT 32,300.82
,22 2-2Q,QQ--21410 ACCRUED INTEREST PAYABLE 9,604.44
922-2000-28205 WEDC LOANS/CURRENT 132,580.49
922-2000-28220 BIRMINGHAM LOAN 0.00
922-2000-28230 INWOOD LOAN 0.00
722-2000-2.8232 ANB LOAN/EDGE 0.00
922-2000-28233 ANB LOAN/PEDDICORD WHITE 0.00
9 2 2-2 000-2 8 2 34 ANB LOAN/RANDACK HUGHES 0.00
922-2000-28235 ANB LOAN 0.00
922-2.000-28236 ANB CONSTRUCTION LOAN 0.00
922-200(1-28237 ANB LOAN/WOODBRIDGE PARKWAY 0.00
922-2000-2838 ANB LOAN/BUCHANAN 0.00
922-2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00
922-2000-28240 HUGHES LOAN 0.00
922-2000-2824.2 ANB LOAN/HWY 78:5TH ST REDEV 0.00
922-2 000-28 2 4 5 ANB LOAN/DALLAS WHIRLPOOL 0.00
922-2000-28246 GOVCAP LOAN/KIRBY 7,846,537.60
922-2000-28247 JARRARD LOAN 144,081.16
922-2000-28250 CITY OF WYLIE LOAN 0.00
922-2000-28260 PRIME KUTS LOAN 0.00
922-2000-28270 BOWLAND/ANDERSON LOAN 0.00
922-2000-28280 CAPITAL ONE CAZAD LOAN 0.00
9292,._.2-2020,.
0Q-18290 HOBART/COMMERCE LOAN 0.00
922-2000-291.50 NET PENSION LIABILITY 185,989.17
922-2000-29151 SDBF LIABILITY 11,026.00
Total Liability: 8,362,119.68
Equity
922-3000-:34590 FUND BALANCE-UNRESERV/UNDESIG -4,971,701.88
92 2-3000-359 00 UNRESTRICTED NET POSITION -120,264.00
Total Beginning Equity: -5,091,965.88
Total Revenue -8,108,000.00
Total Expense -4,868,091.34
Revenues Over/Under Expenses -3,239,908.66
Total Equity and Current Surplus(Deficit): -8,331,874.54
Total Liabilities,Equity and Current Surplus(Deficit): 30,245.14
5/13/202.2 9:5529 AM Page 3 at 3
16
05/20/2022 Item B.
Wylie Economic Development Corporation
SALES TAX REPORT
April 30, 2022
BUDGETED YEAR
DIFF % DIFF
MONTH FY 2019 FY 2020 FY 2021 FY 2022 21 vs.22 21 vs.22
DECEMBER $ 214,867.15 $ 226,663.94 $ 235,381.33 $ 263,577.66 $ 28,196.33 11.98%
JANUARY $ 223,749.61 $ 218,520.22 $ 262,263.52 $ 326,207.92 $ 63,944.40 24.38%
FEBRUARY $ 307,366.66 $ 362,129.18 $ 456,571.35 $ 417,896.79 $ (38,674.56) -8.47%
MARCH $ 208,222.32 $ 228,091.34 $ 257,187.91 $ 305,605.50 $ 48,417.59 18.83%
APRIL $ 182,499.53 $ 203,895.57 $ 221,881.55 $ 265,773.80 $ 43,892.25 19.78%
MAY $ 274,299.18 $ 289,224.35 $ 400,371.70 $ - $ - 0.00%
JUNE $ 234,173.88 $ 239,340.35 $ 290,586.92 $ - $ - 0.00%
JULY $ 215,107.94 $ 296,954.00 $ 314,559.10 $ - $ - 0.00%
AUGUST $ 283,602.93 $ 325,104.34 $ 390,790.76 $ - $ - 0.00%
SEPTEMBER $ 243,048.40 $ 259,257.89 $ 307,681.15 $ - $ - 0.00%
OCTOBER $ 224,875.38 $ 249,357.02 $ 326,382.38 $ - $ - 0.00%
NOVEMBER $ 308,324.41 $ 384,953.89 $ 411,813.32 $ - $ - 0.00%
Sub-Total $ 2,920,137.37 $ 3,283,492.09 $ 3,875,470.98 $ 1,579,061.68 $ 145,776.02 13.30%
Total $ 2,920,137.37 $ 3,283,492.09 $ 3,875,470.98 $ 1,579,061.68 $ 145,776.02 13.30%
E C Sales Tax A n lysis
$500,000
$450,000
$400,000
$350,000
$300,000
$250,000
2021
$200,000
2022
$150,000
$100,000
$50,000
$0
P
"""Sales Tax collections typically take 2 months to be reflected as Revenue. SIsTx receipts are then accrued back 2 months.
Example:April SIsTx Revenue is actually February SIsTx and is therefore the 5th allocation in FY22.
17
05/20/2022 Item DS1.
Wylie Economic Development
Board
AGENDA REPORT
Meeting Date: May 20, 2022 Item Number: DS1
Prepared By: Jason Greiner Account Code:
Date Prepared: 5/13/22 Exhibits:
Subject
Discussion regarding ICSC events.
Recommendation
No action is requested by staff for this item.
Discussion
Staff will lead a discussion about the upcoming ICSC event.
ICSC 2022 Las Vegas-May 22-24
Sunday @ Wynn
• Badge Pickup: 8am—8pm
• Education Sessions: 1-4:30pm
• Keynote Speaker: 5-6pm
• Opening Reception: 6-8pm
Monday @ LVCC
• Badge Pickup: 7am—5pm
• Exhibit Hall Open: 9am—5pm
• Programming: I Oam—4pm
Tuesday @ LVCC
• Badge Pickup: 8am 3pm
• Exhibit Hall Open: 9am 3pm
• Programming: 10am—12pm
ICSC LAS VEGAS is our premier event and takes place annually in May. It is a two-to three-day gathering of
dealmakers and industry experts, who are driving innovation and evolution in the Marketplaces Industry.
Page 1 of 1
18
05/20/2022 Item DS2.
Wylie Economic Development
Board
AGENDA REPORT
Meeting Date: May 20, 2022 Item Number: DS2
Prepared By: Jason Greiner Account Code:
Date Prepared: 5/13/22 Exhibits: 1
Subject
Discussion regarding Tax Increment Reinvestment Zones.
Recommendation
No action is requested by staff for this item.
Discussion
David Pettit and Natalie Moore with David Pettit Economic Development(DPED) attended a Work Session with City
Council on May 10,2022.DPED provided an overview of the concept,creation,and implementation of a Tax Increment
Reinvestment Zone (TIRZ) and discussed the high-level usage of Tax Increment Financing for Redevelopment, Public
Infrastructure, and Economic Development Incentives.
The presentation has been attached for your information and review.
Page 1 of 1
19
05/20/2022 Item DS2.
Tax Increment.,,,,,,.....
'I : :-:::-Y::::xi'::::':'::, :':„:::
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i'-':±Financing
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tb.eAofv,ithbt',PD''e.:5,..,,TeibTrtimT,, 0''''''',:..:,;::
, ,
05/20/2022 Item DS2.
PURPOSE•
Discuss the concept of Tax Increment Financing (TIF)
• Ke;,),/ ,stages for Facilitating \ew Investment
$ Case Studies
Tasks• Necessary to Create a TIRZ
• Questions
05/20/2022 Item DS2.
Tax
,„ n, c„ r, e,,,:, m, e, n,, i
na, n: c, , -:: n
22
, ..„,,,,...,,,..,....,.. .„ ,,,,.„.„..,..„.,,.....,:..,„„„.„,„.. ..,, ,, „:.. ..„.. . .„ . „......„ ... :.... ..,,, ,...„,„:„,....„..„, ..,,, ..:.„„ .„ ....„.„ . „.,..,,„„ .. ,,.,,.,... ....„,. ,„,..„. ,„ ..„, ,.. . ....... .. , .. , ....„ ........„ ,„ ,,.„ .. ..: ,„. .:. . . ,. ....,,. .,..,....,„
. . . „ .. ........„,,, ...„ ., ,,„....... . ,.. ", „, , ":„..,..„ .„. ......,.,.........":„...„....,..„„:..„„,.„.... .. :„.. ..., , „..„,.... .. ...:,.:,...„..,„„:„....„„,.. ., .." „,...... ...,, ,.....„ „: . „.. ...,... „........... .„„, .„...„...„.,......„.,„ „ ::„....:,,
05/20/2022 Item DS2.
Tax Increment Reinvestment Zones
„Rz)
I
• Tax Increment
P16411eeconomic
development within a Tax Increment Reinvestment Zone (TIRZ)
Govern
.
Code, Chapter 311
b
a Hundrecs of TlRZs have been created in the
tate of Texas
a Cities, alone or in partnership with other taxing units, can use this
tool to pay for improvements in a zone so it will attract
development, facilitate investment, and bring excitement and
energy to a designated area ,
23
05/20/2022 Item DS2.
Tax Increment Reinvestment Zones \.(TIRZ)
I
a Governed by 311 Texas Tax Code
Incremental ad valorem taxes utilized as financing source
a Taxing entities contribute ad valorem taxes received from
incremental value increases on property within the TIRZ.
• A TIRZ can pay for:
* infrastructure.
• ‘public improvements; n
* economic development programs, or ,
* other projects benefiting the zone 24
DS2
Tax Increment Reinvestment Zones (TIRZ) 05/20/2022 Item
0 Not a new tax on development
o Redirects a portion of tax generatec from new development
rra. ty
within TIRZ
0 .,p<
,
,,
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A
ilih,
5" tri
1 ci -4
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T1RZ Term (Years) —I
Zone Designated one Terminated
(Base Year) 25
05/20/2022 Item DS2.
REVENUESTIRZ
Two ways to create new tax increment:
0 >
. <-
1. New constructioniinvestmen-I, and/or
m
))4,
44i
Z
2. Annual appreciation of real property (i.e. "organic growt-i )2
1
aig0 4,
0
'
/:wp
, ,wall !\,,,,,$,
A '
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t, tip
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05/20/2022 Item DS2.
:717.11:RI:REVENOE$ ii,:!';':::,::::,:::::';i:-?::;,'::-,,
Increased'
; ,;,,,,-;, , '''' :' '' „,;:,,Iii:,,,,::,,,0,i7,-,60:0,,,,ri,,, ,,:.,-:,,,,,,,,„::::
D..eelop„h',10nit,i':;-;',,,..,„:.-',,:,,. -,"J"-„,:::--,/,-,-;,::.;,,
Values
I
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' ---- -- fr - , ''',-
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.,„.... .„:„.,.. , „„. . :„„.,„.......L.,...„„„,„„.„. ,„„......„.„., ,,,„„,„„, ...„.„....,„„.,.. ..,...„ „,,,.,... ...„..„,„...,,... „„.„..„.„.„„,„„ „,.....,,,„. ..... .„,.,„. „.
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05/20/2022 Item DS2.
Priv
development
expected
..„designated area
• Benefits an area at large, ratier than being project specific I
fund 71CRbtj(TfiNCt'rOg::the''6jlrf'70bt,amount
of general fund revenues for each participating taxing entity
• Ability to leverage revenues from taxable property within the
togeneratea larger
• Attracts potential developers anc investment into area that may
not otherwise occur
• Demonstrates a commitment to creating a sense of place and
identity
28
05/20/2022 Item DS2.
EXAMPLE OF TAX INCREMENT FINANCING
Current Year Pro per-,y Tax Value $300/000
Less Base Year' Property Tax Value $200'000
=TIFIncrement Property Tax Value $100,000
TaxingEntity Tax Rate Partici D'ationRate TIF Revenue General FuriC
Revenue
0
City of Wylie / 0.643751. 75/6 $488 $161
, 0 168087 - 0% '‘‘‘
Collin County $0 $168
Collin Colleie 0.081222 (I-0 $81.
$O $1,46°
Wylie ISD' L59800 0%
total
29
05/20/2022 Item DS2.
T IRZ Creation
Process
Chapter 311 outlines the various procedures for creating
and amending a TIRZ. Two main documents:
am
Creation ordinance; and
1. ,,
2. TIRZ Project and Financing Flan
• Creation ordnance establishes five <eY elements:
i
. Boundary;
0
Term;
• City Participation ..._
. TIRZ Board; and
--ri
. Preliminary Project and Filancing Plan 0
z
UponTIRZ creation the Final Project and Financing pi Council
is
p by
. nroved by tie TIRZ Board and then the City
separate ordinance 30
0
5/20/2022 Item DS2.
erit: I tettec ::
QUESTIONSIs a TIRZ an additional tax
VeloPfn ,',
e a new
burden? -me
tax. Instead, it uses improvements toit some
d.rects:s.„..„ the
roperty values within a zone. h"0:)'
valueon that increase In into a TI F fund that pays for
Which taxing units can participate n a TIRZ?, Any taxing unit that collects
ac valorem taxes from property in the TIRZ may participate in a TIRZ
cr
„e„mHer),: ,
t only a city or county can initiate a TIRZ project and create a
governing „ -
The responsible for 4.k „ project. . , tax/in „
. ,
required :for
,How
normal TIRZ, the boarc of cirectors must consist of at least five
members and usually does not exceed 15,
- —
boardWho appoints the
-trig
tax
,„,
/2022 Item DS2.
COMMONQUESTIONS
„ .
How are the
„ . all
f
over time as tax increments are collectec, or the tax increment can be
rrrt
payments for project
, .
--rmonetized,
Can a boundaries ange
e
- 1-R4
-
. .
f TIRZ, and
only with a public hearing anc an ordinance descriing the new
inated? Yes. A
t
it
by approving an
Termination also eccurs when all project costs,
ax increment bonds and
interest on those bonds, and other obligations have been paic in full,
e ter!ordinancermination date.
What happens to money that remains in the fund after a TIRZ is
terminated? After all project costs anc other obligations have been paid,
any money remaining in the func is disbursed back to the participating
taxing units in
3,2,
. ,
proportion‘
increments collected
05/20/2022 Item DS2.
PUBLIC/PRIVATE PARTNERSHIPS
s . ,
Infrastructure Inlproverrient
of economic development toots in withconjun.ctfrioasntructurpelanneneln6
Use elop
to foster recev ,. rnenty typically
Creation/Retention focusing on infrastructure needs
Business
relocation encourage the
to enco
development tools
mho/deve
Use of economic
retention 0
. . .
,
f targeted businesses
Financing . fair "rate
‘ ' ' of
Gap - ' t facilitate a ----
' U of economic development
thatotherwise
Use c deYementtQ9 ' : would: not. occur „,:-.)n
return" for private investment
05/20/2022 Item DS .
IRZ
T 'EXPENDITURES
1 . ,. anc agreements
'expenditures ._.., 0
The justification for TIR(Z2)ecxaoteengories....
fall into two the TIF statute, Chapter
essentially
described
. ct costs" in
as "project' Items --- -- : coce; or
. f t Texas Tax TIF Statute to
‘ - , 311 of -le granted ov
authority
0 Activities consistentowaiuththaouritYi
' Program 38
the use
„ .
z
34
‘ ,
05/20/2022 Item DS2.TIRZ PROJECT COSTS
Chapter 311 of the Texas Tax Code I
Sec. 31LOO2.
DEFINiTIONS.,„
(1) "Project costs" means the expenditures made or estimated to
b
.mace „ incurred
, ,
.
be incurred municipality g
reinvestment zone that are listed the project . .„„„..)
costs of
, in the
.
. ."., .
plus athet'tbstS'*OtidehtHbl'to'thd§e''expenditures and
35
05/20/2022 Item DS2.
PROGRAM 380
Government Code
Chapter 380 43f the Local Go ivENT PROGRAMS.
7,!
Sec. 380.0-(31-- ECONOMIC
DEVELOP
body o establish and ht,
• 7
f municipality may
The governing brams,
,a, administration of one or more prog
includingprov programs for making
for the e a loans
and grants of public
money andp rovi
cing personnel and services of t e
municipality, to promote state or local economic development
and to stimulate dommercialactivityin the
36
05/20/2022 Item DS2.
PROCESS
CES
TIRZ Createc
TIRZ Pan Approvec
e
Deve ooment Agreement (Approvec py Board anc Council)
e -
Project Costs Incurrec , Project Completec
Tax Increment Generated
0
Developer Reimpursec
05/20/2022 Item DS2.
Ke
„ Stages for Facilitating„
.. "" . .",
New -
tment
38
05/20/2022 Item DS2.
KEY STAGES' -
Project Analysis
' oc can
Isthe projecta .',go candidate for incentives?,
Incentive Package
what
0014 of does project need?
Payment Method '.
Who and where does '- '. - q. money
come from7
39
„ , , ,
05/20/2022 Item
PROJECT ANALYSIS
z incentives a
proposal for a .
idering a e vee iop reviewed.
r s 1 R
When cons
• key items should
fewfinancially -leas'
the project lin t provide alender
Is b ableflow
from e as anticipated c
• The de.tvmeelonptelretster and an an w
commitment
the development„from the‘, • Is there a gaphindering the project?
• Deveicpershoulu - able to demonstrate a gap,
that
prevents a tfali, rateoffeturn"
• Is the projectwith the goals
and
es of
t7"h<1
‘‘
the I-- plan?
• TIRZ Plan
_can be amended to add project or
expenses not outlined in the 11RZP an „
‘, ,
05/20/2°-
22 Item DS2.
INCENTIVE
:11
„
• There are a few different methods for determining the total
amount of the incentive package,
. . ' the project for
, -
Pledge 100% of increment generated by
rn
number 11,:„
• Common for
the project for
nit' by
_
number agreements. . ,./
be used in
conjunction with Program 380 agreements.
Pledge a
- . 38v . -
e.g. environmental remediation, utility
„,„„:,
unrelated to increment generated
• Funding would be tied to the amount of money
spent by the develQper on TIF
, -
• Applicable to a wide range of projects and can be
• dr;-'1-011 public improvements and TIF eligible expenses
eligible expenses
. ,
vement, streetscape
improvements,
. . •
„..,„
05/20/2022 Item DS2.
ENT METHOD
PAYMENT
• Funds for payment come from one of two different sources.
•
Site Specific Increment
*
Funding for a project will be linked directly to the increment
that the development produces• Site specific increment is probably the most widely used
method, because it puts all of the burden on the developer
and provides very little risk to the TIRZ.
. •TIRZ Reserve
IRZ Funds• Funding for a Project is not linked directly to the increment it
generates, instead money from the entire
TIRZ fund is rri7.<
pledged. large sedamreovuenntue Ho
y used
Generall for projects tiat generate. a
little if any increased. ts but rTai
estlettc improve
Public Parks Streetscape,
4 2
05/20/2022 Item DS2.
C a e u,„ t: s
4
, \
COMMUNITIES05/20/2022 Item DS2.
WITH TiRz VARY WIDELY
0 Alin (104 627) ' ,, \ ,. • Grand Prairie 96,100) i zo
\ -• ' ,
kit,) a Kaufman (6,797) 2) -0
• Arlington (394,2k-i1/4-, ' t '21
0 -4
.••. Austin (961,855) • NicKinlleY (195,308) i „i
a Azle ,13,3.' 69) ; • Ivesiquite (150,1 )
* Celirla (30,000) a Plarlo (285,494), .,
Dallas (1 3 million) , • Prosper (30,17L),
a benison (24,479) .- a ROckw -ll (47,251)
,\ , 5) , , .„, 0 Rowlett ((„2,
• El Paso '(678,81 53
. .
.,' Farmer's Branch (35,99A_) ,.: . \ ,. • -San- Antonio (1.L million)
• Fort:V\i'Worth (918 915) ' ' a-. Stephenville (20,8
• Frisc000 509) : -;:\ „ -'40,., Wko'(1381486)':
0 1 ‘ - -.,...,
0, '., Garland (246,01 8.) : ' : ' - : ' ' ' ' Waxahachie L1', '
05/20/2022 Item DS2.
tr.\i i ts, 1
urssi
FLOWER MOUND ‘', ,, ,4IttAttiAvt'k t.'",*\,,,t, v,,,',....tot A k,41,,,c,,,,,,t,,,r,1,,,is,,,,o,,,,,,\.„ss„,,t,s, ,s s s,. skt, \ =k'\k,y, , \,A ,,,,,k, b,,,,,;•:; In-..-
.71100kl#W4'\t'',C\1644't' .4""' .1,,, A,' Ottkit,..A.3t:t,, ,•^1,Vit'llix,f31311,e4,
ese46,'"
VP- NO,‘ 6 ''; '' ' 3' ''' '.
• TIF #1 was created ,,T',...„ .
,,,„„ .0' ,,,,,, ,, „ .„...,,..----- ....
0 ‘,..in 2005 to provide , ,..... .„„,,,,,,, „.„...„ .,,,,,,,,4"
,444,'''...,,,,,,',"."
''1"'
' "tt , 4k1 ' -4"",,,,,-77.- 1 ' 1: Z) 13t
for public ---,\.'1A,''''S3,,,44 ,, il'' l —1 Li ift IIII
',1,.. —4
,
11111E41/40, ','n— ),n1 't i 1-1 ,,,' , , o -4
'' '
improvements „...,,,A,,,,, ,,,_ ,_, , - ,, 1, _
Impo4,,,,,4 , 1 ‘„ --p II , 1 1 ,
,,„,„.•44,""` ikkly," 111.0111111 6, ) —t
116
A., , ';',' ^ " "<—..,,,,,, ,-, , , ," '-•, , , ,", '''''''s'','.
1 465 Acres
. 100% City :T',•4,_',1,4„2,,,-,, .:'1#,,,4 s)e,°- * AP1,,AA 64
:
Participation
• 85% Denton
County ,,
In 2017 the TIRZ Board recommended the use of
Participation TIRZ #1 Funds to pay the annual debt service on the
issuance of $10,900,000 for the Town of Flower
• 2005 Base Value =
MoLI nc Public Library Renovation and Expansion
261$ Million Project.
• 2020 Value = $1 3
Billion 0 Renovation of 25,000 SF Library
adult
• 15 000 expansion, creating additional
• $48 Million Budget program rooms, quiet reading rooms, study rooms,
additional ...<
• FY 2021 Revenue _ ' collection space, a multi-purpose room,
7 million and more meeting spaces
05/20/2022 Item DS2.
\-4*, kk, , ,,.„„, ,s, ,‘,. nitmari,-----A.,_,,,,,m;‘,0.,, 4,„,,, ,„
p LAN 0 ,,,i,..,,,_;,,, .,,,,”.,.. ,, „,otkiros, 4,1 , .,,,,„ i _,„ , -,, ,. to ,.,01 4 A, ,„-AA4
*'"'-'7 4 14', , ,A ‘le,v1.*''' - ...4 ' ' \I\i\4 .4" * '"'"‘41'sk* ii ,"4,
° ° ,
tt,;,,,
`..a
• TIF 4 was createc i
n
rt,, , , ,,.,,,,' 0 >
2020 to support the ,, ,. ,„.„ ... ,..,-„, - 4 , .,,,, .. ' ,, 7,,
0 <
8 ri•V‘ . e %. ' ''''''.°` ,41,0,i,
VtVo 4° ee4P'.°44* ' ' ,i'" # *ltti,* * , ,p' 41444i:- ..1, ' s',, '.. „, Flu
redevelopment of b, ,o,„ „ ,, ,. ,r ''t", t , 1 ,'' ''t . k . , ; ,,''
,
,4' - 4111w* ' M rft
?, 'c
lt, ,,,Oz. .m... , M ....4
.
Collin Creek Mall , ,, ., ,,,,,, ,... - '',.,fs, , ,,, ,
4 ' 4 ,4„,,,,,, ,,, ,
0 -,4
,, ;',,,1 ,-„, ' ' . .. 34 . ,. ,s, ., ,', , ,
/ ,' 14 ,„ - tt 40,f b .,-
,
-1
r4
* 75 9/01 City Participation 4
' . 4,,,,,,,,,,......
„..,,
-,,
^
• 36 Years
. $80 Million Budget
• $15 million will be
$1 billion mixed-use development
used to pay back a
loan from the • 400 000 square feet of retail space
NCTCOG to builc a • .
50 single-family homes n
parking garage . 2 300 multifamily apartment units >
• $24 million to 1. 3 million square feet of office space m
construct a second
L, • 200 room hotel
parking garage on tne
zone's west side 4, An outdoor space will include 8 acres of 0
parkland and ore than a mile of trails
46
05/20/2022 Item DS2.
, ,,,:
Next'-' Steps 'to -;:CrAte-aii'''''''' "'" : '' '' '''
Rz TI:
„„ ,,, , , .
' .
05/20/2022 2 Item DS2.
stEPS 1 ).-7;:i
NEXT s
ndarie\--- . , € _
. Review, d Boundaries blisi 1
Proposed to establish I
developments
\ ' 'Analysis f similar
\ ' , Value review o . or proposed
Taxable .„,
able value taxable value c timing i
. Historic taxable of future uses, an
lanc
assumptions for future
assu :niections
10P projections \ ' to
\ '
. Develop _ _Ls \ . ,$) for a '
developments spreadsheets)
\ ' - ' Model , , pporting sPE
IRZ Cash Flow model (and supporting .
Develop T. sh flow z ,‘‘
.. , financing cash , , -rm
,. , Draft .., 4 time period of ., ,
• determined ,,
, Description
be Financing plan :_iDetailed, 4w and
l n and t review
pi-AR Z, Project Project legislativea7dF'inii‘C ingf,,,IPr ,loc,81- iovernmen ' .,,., .71m---1 ,
Prepare ,- fhe‘ proie-- required for local nts ‘,.
. Develop L exhibits ' ,. 0-uirme (-)2. ,
- , . \ and other TIRZ; an tapproval per he state
48' \ ,
05/20/2022 Item DS2.
NEXT STEPS
Item Date
trri
Engage DPED to initiate process May/June 2022
DPED wor< with City Leacersiip to
estaolisi Jou nda ries anc June/July 2022
cevelooment projections
Preliminary Project anc Financing
August 2022
Plan Completec
City Council Creation Orcinance
Septemaer 2022
Public Hearing
m
TIF Board Approval of PFP September 2022
City Council Final PFP
Seatember 2022
1st Reacing
AVIDPETTt,' ,_ „
QUESTIONS ,-
05/20/2022 Item DS3.
Wylie Economic Development
Board
AGENDA REPORT
Meeting Date: May 20, 2022 Item Number: DS3
Prepared By: Jason Greiner Account Code:
Date Prepared: 5/13/22 Exhibits: 1
Subject
Discussion regarding Board&Commission Code of Conduct.
Recommendation
No action is requested by staff for this item.
Discussion
Staff will discuss the Code of Conduct for all City Officials.
With the passage of the new Code of Conduct,it is a requirement for all City Officials(defined as the Mayor, a member
of the City Council,members of Administrative Boards, and Advisory Boards, appointed by the Mayor or City Council)
to complete an Acknowledgement of Receipt and Understanding of the Code.
Please complete this at your earliest convenience.
Page 1 of 1
51
05/20/2022 Item DS3.
ORDINANCE NO.2022-01
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2014-19,CREATING A CODE OF CONDUCT; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING,SAVINGS,AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING:FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS,the City of Wylie("City"or"Wylie")desires for all of its citizens to have confidence
in integrity,independence,and impartiality of those who act on their behalf in government
WHEREAS,the City of Wylie previously adopted Ordinance No.2014-19, establishing a`Code of
Ethics;and
WHEREAS,the City of Wylie desires to create a Code of Conduct and repeal Ordinance No.2014-
19,as of the Effective Date of this Ordinance.
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS that:
Section 1. Creation of Code of Conduct
The City of Wylie creates this Code of Conduct(the"Code")and repeals Ordinance No. 2014-19, as of
the Effective Date of this Ordinance.
Section 2. Policy
The proper operation of democratic local government requires that City Officials be independent,impartial
and responsible to the people;that local government decisions and policy be made in the proper channels •
of the government structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its City Officials. It is the policy of the City of Wylie that its City Officials
meet the standards of conduct established in this Ordinance. Conduct not regulated herein is not subject to
this Code.
Section 3. Definitions
Administrative Board means any board,commission, or other organized body:(1)that has,by law,final
decision-making authority on matters within its jurisdiction and that is either: (a) established under
the City Charter,by City ordinance,or by appointment by the City Council or the Mayor;or(b)whose
members are all council members or are appointed or confirmed by the City Council;or,(2)created as a
non-profit economic development corporation by the City Council under the authority of the
Development Corporation Act of 1979,as amended.
Advisory Board means a board,commission,or other organized body other than an Administrative Board,
that was created by an act of the City Council whose members are appointed or confirmed by the City
Council or by an act of the Mayor and are charged with making recommendations to the City Council on
matters within its jurisdiction.
Board of Review means the body charged with reviewing and acting on Complaints under this Ordinance.
Ordinance No.2022-01 Code of Conduct Page 1 of 11
52
05/20/2022 Item DS3.
City Official or Official means the Mayor; a member of the City Council, members of Administrative
Boards,and Advisory Boards,appointed by the Mayor or City Council.
Code of Conduct means this Code of Conduct("Code"). Only a City Official may be held responsible for
violations of the Code.
Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and
contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City
Official as an Officer, director, advisor,:or otherwise active participant in an educational, religious,
charitable, fraternal, or civic organization does not create for that City Official an"Economic Interest"`
in the property of the organization.
Official Action means:
(I) Any affirmative act(including the making of a recommendation)within the scope of,or
in violation of,an Official's duties;or
(2) Any failure to act, if the Official is under a duty to act.
Section 4. Covered officials
The rules of conduct contained below apply generally to City Officials unless otherwise specified.
Section 5. City Officials required to comply with both state and local law
When a City Official's conduct is regulated by a provision of this Ordinance and a similar provision of
state Iaw, and it is possible to comply with the requirements of both, a City Official shall comply with
both.
Section 6. Education
The City shall provide training and educational materials to City Officials on their obligations under
state law and this Ordinance. Such training,shall include at least one formal classroom session in each
calendar year.All City Officials shall annually attend the formal training session offered by the City or
equivalent training sessions conducted by the City Attorney, the Texas Municipal League, or similar
organizations.The City also shall prepare and distribute written materials on the subject to each City
Official at the time of his or her election or appointment to office.
Section 7. Standards of Conduct for City Officials
(A) Appearance on behalf of private interests of others
(1) A member of the City Council shall not appear before.the City Council,an Administrative
Board or an Advisory Board for the purpose of representing the interests of another person
or entity.However,a member of the City Council may,to the extent as otherwise permitted
by law, appear before any such body to represent the member's own interests or the
interests of the member's spouse or minor children.
(2) A City Official who is not a member of the City Council shall not appear before the body
on which,he or she serves for the purpose of representing the interests of another person
or entity, and shall not appear before any other body for the purpose of representing the
interests of another person or entity in connection with an appeal from a decision of the
Ordinance No.2022-0I—Code of Conduct Page 2 of 11
53
05/20/2022 Item DS3.
body on which the City Official serves. However,the City Official may,to the extent as
otherwise permitted by law, appear before any such body to represent the City Official's
own interests or the interests of the City Official's spouse or minor children.
(B) Misuse and disclosure of confidential information
(1) It is a violation of this Code for a City Official to violate Texas Penal Code§39.06(Misuse
of Official Information).
(2) A City Official shall not disclose to the public any information that is deemed confidential
and/or privileged under any federal,state,local law,or Council rules,unless authorized by
law.
(C) Restrictions on political activity and political contributions
(1) No City Official shall use state or local funds or other resources of the City to electioneer
for or against any candidate,measure,or political party.
(2) A City Official shall not directly or indirectly induce, or attempt to induce, any City
employee:
a. To participate in an election campaign (beyond merely encouraging another to
vote),to participate in a political fundraising activity,or to contribute to a political
candidate or political committee;
b. To engage in any other activity relating to a particular candidate, party or issue
that is not directly related to a legitimate function of City government;or
c. To refrain from engaging in any lawful political activity after working hours.
(D) Use of cell phones or electronic devices by appointed or elected officials during meetings of
Administrative Boards and Advisory Boards,of which they are a member
City Officials shall refrain from communicating on cell phones or electronic devices during a
City meeting at which the City Official is attending as a member of that Administrative Board
or Advisory Board,except as provided below.However,City Officials may access agendas and
information relevant to a past, current,and/or future agenda. Cell phones shall be turned off
or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials
shall step down from the dais. Text messaging, emails, and other electronic or written
communications shall not be sent during a meeting unless it is an emergency.
(E) Conflicts of Interest
A City Official must not use,or attempt to use,his or her official position or office,or take or fail
to take any action, or influence,or attempt to influence, others to take or fail to take any action, in
a manner which he or she knows, or has reason to believe, may result in a personal, financial
benefit, or Economic Interest not shared with a substantial segment of the City's population, for
any of the following persons or entities:
(1) The Official;
(2) The Official's relative,or the employer or business of the relative;
(3) A person with which the Official has a financial or business relationship,including but not
limited to:
a. A business of the Official,or the Official's pouse or domestic partner,or someone
who works for such outside employer or business;or
b. A client or substantial customer.
Ordinance No.2022-01—Code of Conduct Page 3 of 11
54
05/20/2022 Item DS3.
(4) A nongovernmental civic group,social,charitable, or religious organization of which the
Official,or the Official's spouse or domestic partner,is an officer or director;or
(5) A public or private business entity for which the Official,or his or her relative serves as a
director,general partner,or officer,or in any other policy-making position except when so
appointed to the position by the City.
(F) Compliance with Texas Local Government Code Chapters 171 and 176
It is a violation of this Code for a City Official to violate Texas Local Government Code, §§171
and 176 and Texas Penal Code §36.08
(G) Prohibitions-Granting Special Privileges and Use of City Supplies and Equipment
It is a violation of this Code for a City Official:
(1) To use his official position to secure special privileges or exemptions for himself or others;
(2) To grant any special consideration, treatment or advantage to any citizen, individual,
business organization or group beyond that which is normally available to every other
citizen, individual, business organization or group. This shall not prevent the granting of
fringe benefits to City,employees as a part of their contract of employment or as an added
incentive to the securing or retaining of employees;or
(3) To use City supplies, equipment or facilities for any purpose other than the conduct of
official City business, unless otherwise provided for by law,ordinance or City policy.
Section 8. Board of Review
(A) Creation and appointment
There is hereby created a Board of Review("BOR")to consist of five(5)members and two(2)alternates.
(1) The BOR shall review Complaints regarding alleged violation(s) of the Code
("Complaints"),review applicable waivers regarding the alleged violation(s),and determine
if a Complaint should be dismissed under the criteria,as outlined herein.
(2) Prospective BOR members shall be interviewed and appointed by a majority of the
City Council present at a duly called meeting.
(B) Qualifications
(1) All members must live within the City of Wylie city limits and be at least 18 years of age;
(2) BOR members may not be:
a. The spouse or the domestic partner of the individual filing the Complaint
("Complainant")or the individual who is the subject of the Complaint("Respondent")
is the spouse or domestic partner.
b. Serving on any other Council appointed Board or Commission during their term
on the BOR;
c. A City Council member or City of Wylie employee,or the spouse or domestic partner
of a City Council member or City of Wylie employee;
d. An elected public official;or
e. A candidate for elected public office at the time of their term on the BOR.
Ordinance No.2022-01—Code of Conduct Page 4 of 11
55
05/20/2022 Item DS3.
(C) Terms of appointment/Limitations
(1) BOR members may serve only one(1)term of two(2)consecutive years.
(2) BOR members shall serve until any Complaints pending during their appointed term have
been fully adjudicated by the BOR.
(3) If a person selected to serve on the 13OR pursuant to this subsection cannot fulfill his or
her duties as a member of the BOR due to illness, travel, disqualification under the terms
outlined above,or another bona fide reason,or otherwise refuses to serve on the BOR,that
person shall be requested to confirm that fact with the City Secretary in writing within 15
calendar days of receipt of the service notification. In this event,the City Secretary shall
repeat the process outlined herein until a substitute has been selected.
•
(D) Training a Removal
(1) BOR members must attend training regarding the role and responsibilities of service on
the BOR prior to handling a Complaint. The unexcused absence of any member of the
BOR from three (3) consecutive meetings, unless the BOR has excused the absence for
good and sufficient reasons,as determined by the BOR, shall constitute a resignation
from the BOR.
(2) A BOR member serves at the pleasure of the City Council and may be removed before the
expiration of the member's term by the City Council in its sole discretion.Before removing
a member, the BOR shall specify the cause for a recommendation of removal and shall
give the BOR member the opportunity to present the member's defense to removal. The
recommendation for the City Council to remove a BOR member shall be brought to
the City Council for an official vote.
(E) Consultation with City Attorney
The,City Attorney is authorized to issue to any City Official, upon reasonable request, formal
written opinions regarding the applicability of the provisions of the conduct laws to an action the
City Official is considering taking in the future. The BOR and/or the City Council may consult
with the City Attorney or a designee of the City Attorney regarding legal issues which may arise
in connection with this section and may request advisory assistance from the City Attorney in
conducting hearings during any stage of the process.The City Attorney serves as legal counsel
for the City Council and not any individual City Council member.
(F) Reviewing Attorney
(1) The City Council shall approve a list of three (3) independent private attorneys
recommended by the City Attorney who may individually serve as a`"Reviewing Attorney"
for Complaints filed under this section.The Reviewing Attorney shall be chosen by the City
Manager by lot.
(2) To be qualified,the Reviewing Attorney must be an attorney in good standing with the State
Bar of Texas, have been licensed to practice in the State of Texas for at least ten (10)
consecutive years,and have at least five(5)years of experience working with municipalities
in Texas.The Reviewing Attorney may not be:
a. A City Council member or City of Wylie employee,or the spouse or domestic partner
of a City Council member,Board member or City of Wylie employee;
b. An elected public official;or
c. A candidate for elected public office at the time of their service.
Ordinance No.2022-01—Code,of Conduct Page 5 of 11
56
05/20/2022 Item DS3.
(G) Complaint Process
(1) Filing Complaints.Any citizen of Wylie who believes that there has been a violation of the
Code may file a sworn Complaint with the City Secretary. The Complaint shall:
a. Identify the person or persons who allegedly committed the violation;
b. Provide a statement of the facts on which the Complaint is based
c. To the extent possible,identify the rule or rules allegedly violated; and
d. Be sworn to in the form of an affidavit and be based on personal knowledge of the
affiant and be subject to the laws of perjury.
e. The Complainant may also recommend other sources of evidence that the
Reviewing Attorney should consider and may request a hearing.
f. Complaints arising out of an event or a series of related events shall be addressed
in one complaint.Complainants shall not file separate or serial complaints arising
from any event or series of events that have been or could have been addressed in
a previous Complaint. When two or more Complaints are sufficiently similar in
nature and remedy sought to permit their resolution through one proceeding, the
City may consolidate the complaints.
(2) Confidentiality.No City Official shall reveal information relating to the filing or processing
of a Complaint, except as required for the performance of Official duties. Documents
relating to a Complaint will be maintained by the City Secretary in accordance with
applicable records retention laws and are confidential,to the extent permitted by law
(3) Notice/Timelines/Representation
a. Days,as used herein,is defined as City business days.
b. Ali timelines provided herein must be followed, subject only to extensions
approved in writing by the City Manager based on the individual circumstances
surrounding,the review of the Complaint.
c. A Complaint must be filed with the City Secretary within six(6)months of the
date the Complainant knew, or with reasonable diligence should have known,
of the events or series of events giving rise to the Complaint.The City Secretary
shall not accept or process any Complaint that is filed more than six(6)months
after the date of the violation alleged in the Complaint. Complaints not filed
within this timeframe are barred and will be dismissed as untimely.
d. Within three(3)business days of receiving a Complaint,the City Secretary shall
provide a copy of the full Complaint to the City Official who is the subject of
the Complaint ("Respondent"), the City Attorney,the City Manager, and the
Reviewing Attorney.
e. If the City Manager is not available or is implicated, the City Secretary will
provide copies,as outlined herein.
f. The Reviewing Attorney,BOR,and/or City Council shall allow any person who
is the subject of a Complaint to designate a representative if he or she wishes
to be represented by someone else and to present evidence,according to rules
adopted by the City Council.
(4) Frivolous Complaint
a. For purposes of this section,a"frivolous complaint"is a sworn Complaint that
is groundless and brought in bad faith or groundless and brought for the purpose
of harassment.
b. By a vote of at least two-thirds of those present,the City Council may order a
Complainant to show cause why the Complaint filed by the Complainant is not
frivolous.
c. In deciding if a Complaint is frivolous,the City Council will be guided by Rule
111
13 of the Texas Rules Civil Procedure,and may also consider:
Ordinance No.2022-01—Code of Conduct Page 6 of 11
57
05/20/2022 Item DS3.
i. The timing of the sworn Complaint with respect to when the facts
supporting the alleged violation became known or should have become
known to the Complainant,and with respect to the date of any pending
election in which the Respondent is a candidate or is involved with a
candidacy,if any;
ii. The nature and type of any publicity surrounding the filing of the sworn
Complaint, and the degree of participation by the Complainant' in
publicizing the fact that a sworn Complaint was filed;
iii. The existence and nature of any relationship between the Respondent
and the Complainant before'the Complaint was filed;
iv. If Respondent is a candidate for election to office, the existence and
nature of any relationship between the Complainant and any,candidate
or group opposing the Respondent;
v. Any evidence that the Complainant knew or reasonably should'have
known that the allegations in the Complaint were groundless;and
vi. Any evidence of the Complainant's motives in filing the Complaint.
d. Notice of an order to show cause shall be given to the Complainant,with a copy
to the Respondent, and shall include:
i. An explanation of why the;Complaint against a Respondent appears to
be frivolous;and
ii. The date,time, and place of the hearing to be held under this section.
e Before making a determination that a sworn Complaint against a Respondent is
frivolous,the City Council shall hold a hearing at which the Complainant-may
be heard and accompanied by his or her retained counsel.
f. By a record vote of at least a simple majority of those present after the hearing
under this section,the City Council may determine that a'Complainant filed a
frivolous Complaint and may recommend sanctions against that Complainant.
g. Before imposing a sanction for filing a frivolous Complaint, the City Council
shall consider the,following factors:
i. The seriousness of the violation, including the nature, circumstances,
consequences, extent,and gravity of the violation;
ii. The sanction necessary to deter future violations;and
iii. Any other matters that justice may require.
h. The City Council may impose the following sanctions:
i. A civil penalty of not more than$500;
ii. Imposition of attorneys' fees incurred by Respondent;
iii. Any other sanction permitted by law;and/or
iv. The City Council may notify the appropriate regulatory or supervisory
agency for their appropriate action. This may include a referral for
criminal prosecution if the facts so warrant.
(5) Review of Complaint
a. Within seven (7) `business days of receiving the Complaint from the City
Secretary, the Reviewing Attorney shall issue a written advisory opinion,
dismissing or referring the Complaint to the BOR:
i. Dismiss the Complaint if:
1, The deadline for filing a Complaint has passed
2. The accused is not subject to the Code;
3. The conduct alleged is not regulated under the Code;
4. The Complaint is not completed as defined herein or signed and
111 sworn to by the person filing the Complaint in the form of an
affidavit; or
Ordinance No.2022-01—Code of Conduct Page 7 of 11
58
05/20/2022 Item DS3.
5. The person who is the subject of the Complaint had obtained a
waiver permitting the conduct.
ii. Dismissal of a Complaint under this provision is final and non-appealable.
iii. If the Reviewing Attorney dismisses the Complaint, the Reviewing
Attorney shall forward a copy of the dismissal to the Complainant,
Respondent,City Council, and the Board on which the Respondent is a
member,if applicable.
b. If the Reviewing Attorney does not dismiss the Complaint,as provided herein,the
Reviewing Attorney shall refer the Complaint and the advisory opinion to the
BOR for review under this provision. The Reviewing Attorney's referral of the
Complaint and advisory opinion to the BOR does not mean that any of the
allegations of the Complaint are true or false or that any current City Official has
or has not violated the Code.
c. If the Complaint is referred to the BOR for review,the Reviewing Attorney shall
also copy his or her advisory opinion to the Complainant,the City Manager,and
the City Attorney within seven(7)business days of receipt of the Complaint.For
Complaints not dismissed by the Reviewing Attorney,and subsequently referred
to the BOR,the notice to the Respondent will include notice of the Respondent's
option to file a written response to the advisory opinion with the City Secretary
within seven (7) business days of receipt of the opinion from the Reviewing
Attorney.The City Secretary will forward the Respondent's written response to
the BOR with the Complaint and the Reviewing Attorney's advisory opinion.
(6) Board of Review Process.
a. The BOR shall meet within forty-five(45)days of receiving a referral of a Complaint
from the Reviewing Attorney, unless extended by the City Council. The BOR will
review the Complaint,the Reviewing Attorney's advisory opinion,the Respondent's
response (if any), and applicable City policies, ordinances, and/or other related
information(the`BOR Record").
b. The BOR may dismiss a Complaint as provided below or,if not dismissed, refer
the Complaint to the City Council for consideration as outlined herein.
(7) The BOR Review and City Council Review/Hearing
a. The BOR may dismiss a Complaint if:
The alleged violation is a minor or de minimis violation;
it. The Complaint is, on its face, frivolous, groundless, or brought for
purposes of harassment;
iii. The matter has become moot because the Respondent is no Ionger an
elected official or Administrative Board or Advisory Board member;
or
iv. The Respondent came into voluntary compliance.
c. The,determination regarding whether a complaint is frivolous and subject to
sanctions will be addressed by the City Council as outlined in Section 8(G)(3)
herein.
d. The BOR will conduct its review of a Complaint not dismissed pursuant to
paragraph 3.a.i.of this section at meetings which are open to the public.
e. The rules shall require the dismissal and the reason for dismissal to be submitted
by the BOR in writing and available to the public within forty-five (45) days of
considering the Complaint under paragraph 4.b.above,unless extended by the City
Council.A dismissal under this provision by the BOR is final and non-appealable.
f. If the BOR does not dismiss the Complaint,the BOR will refer the Complaint,BOR
Record to the City Council within forty-five(45)business days of considering the
111
Complaint,unless extended by the City Council.
Ordinance No.2022-01—Code of Conduct Page 8 of I I
59
05/20/2022 Item DS3.
(7) City Council Review/Hearing
a. Not Iater than 15 business days after the BOR forwards a Complaint to the City
Council for consideration, or 15 business days after the BOR's deadline to issue a
decision, the City Secretary shall notify in writing the City Council, the
Complainant and the Respondent of the date,time and location of a hearing on the
Complaint.Such written notice shall be sent to the Complainant and the Respondent
by email, mail,and/or certified mail,return receipt requested.If the hearing is not
held within 45 business days after receipt of the Complaint,the City Secretary shall
notify both the Complainant and the Respondent of the reasons for the delay.
b. All hearings shall be conducted in accordance with the Texas Open Meetings Act,
Tex.Government Code Chapter 551.The City Council shall have the right to hold
the hearing in open or closed session as permitted by applicable laws and
regulations. Additionally, the City Council shall establish time limits and other
rules of procedure for a hearing and relating to the participation of any person in
the hearing. Subject to the rules of procedure established by the City Council for
the hearing:
Both the Complainant and the Respondent shall have the right to a full and
complete hearing with the opportunity to call witnesses and present
evidence on his/her behalf.
ii. All proceedings of the hearing shall be recorded by audio recording if a
court reporter is not used,or reduced to writing by a court reporter if present
for the hearing. If a'court reporter is not used,the audio recording shall be
filed with the City Secretary within such time as specified by the City
Council.'If a court reporter is used, the court reporter's transcript of the
hearing shall be filed with the City Secretary within such time as is
specified by the City Council.
ii . The procedures established by the City Council shall allow the
Complainant and the Respondent sufficient time to examine and respond
to any evidence not presented to them in advance of the hearing.
iv. The rules shall require the City Council to schedule the hearing;at a time
that is reasonably convenient to both the person who submitted the
Complaint and the subject of the Complaint.
g. The City Council shall consider the BOR Record,the Complaint,the Respondent's
response (if any), and the advisory opinion of the Reviewing Attorney, and
evidence submitted in the course of the hearing.The final action,decision,or vote
of the council with regard to the Complaint shall be taken or made only in a meeting
that is open to the public. The City Council shall base its finding of whether a
violation occurred on a preponderance of the evidence. Only members of the City
Council present for the hearing may participate in its decision.
h. The City Council shall consider,when it makes findings and recommendations,
the severity of offense; the presence or absence of arty intention to conceal,
deceive, or mislead; whether the violation was deliberate, negligent, or
inadvertent; and whether the incident was isolated or part of a pattern.
The City Council shall dismiss a Complaint if the Complainant does not appear at
the hearing and if, in the opinion of the City Council, it would be unfair to the
Respondent to proceed without the Respondent having the opportunity to question
and address the issues raised in the Complaint.
j. A City Council member may not participate in the Complaint review process and/or
hearing if the member is the subject of the Complaint or is the Complainant,or if
the Respondent or Complainant is related to the City Council member within a
prohibited level of affinity or consanguinity.
Ordinance No.2022-01—Code of Conduct Page 9 of 11
60
05/20/2022 Item DS3.
k. The decision of the City Council is final and non-appealable.
(H) Findings/Consequences
(I) City Officials deemed to be in violation of the Code are subject to consequences,including
but not limited to the following:
a. Censure - If the violation did not involve a matter of public concern and the City
Council finds that a violation of this Code,occurred,the City Council may issue a
censure of the City Official,to the extent permitted by law.
b. Letter of Notification—The City Council may issue a letter of notification if the
City Council finds that a violation of this Code was clearly unintentional.A letter
of notification must advise the City Official of any steps to be taken to avoid future
violations.
c. Letter of Admonition—The City Council may issue a letter of admonition if the
City Council finds that a violation of this Code was minor, but where the
circumstances call for a more substantial response than a letter of notification.
d. Reprimand—To the extent permitted by law, City Council may issue a reprimand
if the City Council finds that a violation of this Code was not minor and was
committed intentionally or through reckless disregard.
e. Removal from Leadership Position—In addition to,or in place of,the consequences
outlined above,the City Council may remove a City Official from any leadership
position held by that City Official as a member of the body in which the City
Official serves.
f. RemovaI from Administrative Boards and Advisory Boards—In addition to, or in
place of, the consequences outlined above, the City Council may remove an
appointed City Official from Administrative Boards and Advisory Boards.
Section 9. Other Obligations
This Code is cumulative of, and supplemental to, applicable state and federal laws and regulations.
Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation
imposed by state or federal law regarding conduct, financial reporting, lobbying activities, or any other
issue addressed herein.
Even if a City Official is not prohibited from taking official action by this Code,action may be prohibited
by duly promulgated personnel rules,which may be more stringent.
Section 10. Effective Date
This Code shall take effect on January,11,2022,following its adoption and publication as required by law
(the"Effective Date").
Section 11. Distribution and Training
(A) Every person shall be provided reasonable opportunity to review this Code as a condition of their
candidacy and/or application to be a City Official.At the time of application for a position of City
Official,every applicant shall be furnished with a copy of this Code:
(B) Individuals seated as City Officials on the Effective Date of this Ordinance shall be bound by it
and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days
of the Effective Date.All City Officials elected,appointed or retained following the Effective Date
of this Code shall sign a written acknowledgement of receipt and understanding of this Code before
Ordinance No.2022-01—Code of Conduct Page 10 of 11
61__`
05/20/2022 Item DS3.
performing any of the duties or functions of the City Official's position.
(C) The City Attorney or City Manager as designated by the City Council shall develop educational
materials and conduct educational programs for the City Officials on the provisions of this Code,
the City Charter,and Chapters 171 and 176 of the Texas Local Government Code.Such materials
and programs shall be designed to maximize understanding of the obligations imposed by these
conduct laws.
Section 12. Severability
If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional,
or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which
can be given effect without the invalid or unconstitutional provision or application.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,on this 11th,day of January,2022.
atthew Porter,Mayor
ATTESTED AND 5�`
CORRECTLY RECO ED: �' �f �� ; ' J;,
Leaf .lrtti Wl1 qr- \
A 1
Stephanie Storm j R < ,t
Gu Sp PE RAit 4
gA 4Y.
01887.
:4TE OF'C
Date of publication in The Wylie News—January'19,2022
Ordinance No.2022-01—Code of Conduct Page 11 of 11
62
05/20/2022 Item DS3.
TO feu messin1fie Tones . Mtn phy Monaco . The Princeton Hex ald * 7YeSsxlese News. . TITE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
Before me,the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County,Texas, and being
in compliance with Section 2051.044,Texas Government Code(a); (1),(2), (3) and(4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinance No.2022-01 & Ordinance No.2021-55
was published in said newspaper on the following date(s),to-wit:
January 19,2022
Chad Engbrock, Publisher
Subscribed and sworn before me on this,the 20th day of January,2022,to certify which
witness my hand and seal of office.
i /
Ati I j ' 6/'
NOta117'PUbli 4110 for
sego,.46,,OUGGAS .
The State of - :
:. r''''''''1, Ndtary 1m1).:lir:e4x6p1.4e3,
My commission expires 08112/2024.
Murphy Sachxe Vrxbx Office.1 ION Ballard.P 0 Hex 369 Wyke IN 75098 972-442-5515*fax 972 442-4318
Farroxrxx.INTnneeton Mice. 101 S Main f P 0 Box 512.7 arrnels.die,1 N°75442.972484-6197*fax 972-782 7023
63
05/20/2022 Item DS4.
Wylie Economic Development
Board
AGENDA REPORT
Meeting Date: May 20, 2022 Item Number: DS4
Prepared By: Jason Greiner Account Code:
Date Prepared: 5/13/22 Exhibits:
Subject
Discuss issues surrounding the FY 2022-2023 WEDC Budget.
Recommendation
No action is requested by staff for this item.
Discussion
As requested at the April 22, 2022 Board Meeting, Staff has reviewed the WEDC's deferred outflows and calculated the
operational expenses for the next six months. Staff will discuss this information with the Board to help determine the
adequate amount to allocate for a cash reserve or rainy day fund. Staff would like to point out that this information will
fluctuate drastically based on deferred outflows remaining for the FY. Staff would like to suggest that this information
be added to the Treasurer's Report on a quarterly basis.
Staff will discuss the FY 2022-2023 WEDC Budget and approved Budget Calendar for the City of Wylie.
Page 1 of 1
64
05/20/2022 Item DS5.
Wylie Economic Development
Board
AGENDA REPORT
Meeting Date: May 20, 2022 Item Number: DS5
Prepared By: Jason Greiner Account Code:
Date Prepared: 5/13/22 Exhibits: 2
Subject
Staff report: WEDC Property Update, Downtown Parking, Engineering Report, Upcoming Events, and WEDC
Activities/Programs.
Recommendation
No action is requested by staff for this item.
Discussion
Staff report: WEDC Property Update, Downtown Parking, Engineering Report, Upcoming Events, and WEDC
Activities/Programs.
WEDC Property Update:
Demolition- 103 S Ballard
• Press release was issued
• Demolition is complete
Property Acquisition-UP Lot/N Keefer
• City Council approved the change of zoning for 401 N Keefer from Downtown Historic-Residential only to
allow for commercial and/or residential uses on Feb 22;The UP Lot will have to go through the same process
(at HRC,P&Z, & CC)
• WEDC Board provided a 30-day extension at the 4/22 meeting. The closing is still anticipated on or before
May 30.
Additional Information:
• Mowing and tree cleanup has been initiated for maintenance of all WEDC-owned properties
Downtown Parking: -No Update,pending closing of UP lot next to 401 NKeefer
o The new site plan was initially reviewed with engineering but the biggest issue is detention &
drainage
o Downtown Thoroughfare and Drainage Studies need to be completed prior to moving forward
o Need the example ILA from UP for the City of Wylie
Page 1 of'i
65
05/20/2022 Item DS5.
Engineering Report:
Drainage Studies-FM 544/Cooper
• TxDOT as-builts have been reviewed by engineering.Detention will be required,but not as much as initially
thought.
• Staff has been unsuccessful in trying to get the last set of culvert plans. Engineering is reaching back out to
TxDOT one last time.
Water Line Installation-FM 544/Cooper
• KCS Permit has been issued
• BHC has updated the water line plans to reflect the approved alignment
• Flagging and boring have been scheduled for the first week of June
• Final Approvals from the City and CalHar for the Joint-Restraints have been requested by Staff
Water Line Relocation-State Hwy 78/Brown
• NTMWD Board Awarded the Bid to Dowager Construction
• The NTMWD Easment has been filed with the County
• Survey update and easement documents are still in process for Oncor—Requested Update
• Oncor ROW approval is pending for the relocation of the utility poles at the intersection
• Tree removal is complete and the grubbing and grinding of the trees should be complete this week
• The press release was issued for the tree removal and initial site development
Flood Study-Hooper/Steel
• Preliminary Hydrologic and Hydraulic modeling is completed
• Cardinal Strategies has performed internal QC on the data and scheduled a conference call with Staff and
Engineering on 4/11. They are still investigating reclamation options but Staff has reviewed the draft pre vs.
post floodplain maps.
• Plans to wrap up the study in the next few weeks
• Staff received the flood study from Cardinal Strategies. The proposed development of several sites around
Steel and Hooper Road could cause slight increases in 100-yr peak discharge from the project site draining
to Unnamed Tributary to Maxwell Creek. These would be considered adverse to other properties as the
floodplain is notcontained within the channel and the roadway infrastructure is undersized. In order to
maximize the useability of the site, several alternatives were investigated to help reclaim floodplain and
improve infrastructure to reduce the flood risk in the immediate area. Alternatives 1-3 build upon the next
one and while each alternative helps to reclaim floodplain, on-site detention will be required to meet the
local standards. Alternative 4 includes a regional pond further upstream to help reduce flow rates and flood
risk. This option will eliminate the need to provide on-site detention and reduce infrastructure sizing at
Steel and Hooper.
Flood Study- State Hwy 78/Alanis
• The FEMA data has been received and reviewed (note: FEMA did not send hydrologic data, which was
anticipated to be provided with the data request)
o Follow-up coordination with FEMA to request hydrologic data from FIS study has yielded no additional
data and FEMA has not responded as of 5/10
• Reclamation options are being updated to consider 100-year FEMA flows with check using the 500-year
FEMA flows in lieu of 100-year fully developed flows (conservative approach since we do not have the
hydrologic data from FEMA)
• FEMA data request delay has impacted schedule and we anticipate the floodplain workmap and conceptual
floodplain exhibits will be complete 6/3/22.
• The next step will be to prepare the mass grading construction plans—estimated completion end of June.
Temporary Access Agreements:
66
05/20/2022 Item DS5.
• Additional request received via email from The Cross Church for use of the property on Marble. They are
requesting access to use the property for Carnival Parking,but the construction project is anticipated to start
before the June 13-20 event. The request to use the former muffler shop was denied, but staff proposed
alternative locations at 300 East Brown Streeet. Please note that the request is only for parking, so staff will
not bring back a Temporary Access Agreement.
• Staff will need more time to properly prepare the documentation for the proposed Farmer's Market on Ballard
Avenue. There's still interest,but timing has been an issue with the demolition and recent events downtown.
Upcoming Events:
• ICSC Las Vegas-May 22-25
• Council/CPAC Work Session-May 31
• Please see the attached Marketing Calendar for the full list of upcoming events
WEDC Activities/Programs:
• Sales tax revenues for the month of May are up 0.2%
• Overall sales tax revenues for FY22 are up 11.12%
• WEDC welcomed Administrative Assistant Marissa Butts to the team on April 25 and Summer Intern Will
Kelly on May 16
67
,11
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• 05/20/2022 Item DS5.
2022 April Board Meeting—22nd
Day Time Meeting/Event
5 8:30 am WDMA Meeting
6 Wylie ISD-Career Day
8 TEDC Sales Tax Training- Tyler-tg
12 11:30 am HR Alliance
12 6:00 pm City Council
5 CLOSE° GoodLa
22 8:30 am WEDC—Board Meeting
20 11:30 am Chamber Lunch 'n Learn—Social Media 301
25-26 CDFA- Intro Tax Increment Finance WebCourse
26 6:00 pm City Council—Small Business Week Proclamation ***
27-28 CDFA-Advanced Tax Increment Finance WebCourse
29 5:00 pm Chamber of Commerce Cornament
30 10:00-12:30 pm CC Commissioners Court/CC Historical Commission Preservation Celebration
2022 May Board Meeting—20th
Day Time Meeting/Event
1-7 Small Business Week(SBW Activities listed below)
1 1:00-5:00 pm SBW—Pedal Car Race
2 11:00 am SBW—Taste of Wylie—Olde City Park
3 8:30-9:30 am WDMA Meeting—SBW Focus
4 3:00-7:00 pm SBW—Dream Big, Be Brave and Survive the Rest-Women's Leadership Conference—aw/rh
5 SBW—Cinco De Mayo Promotion
5 6:30 am Christian Prayer Breakfast of Collin County
5 5:00-7:00 pm SBW—Wylie Young Professionals Event—Landon Winery
7 SBW—Sip&Shop Downtown
9-13 Economic Development Week
10 6:00 pm City Council- Economic Development Week Proclamation &TIRZ Work Session
13 TEDC Sales Tax Training-Waco
14 3:30-5:30 pm BBQ on Ballard-Olde City Park
15 City of Wylie Boards&Commissions Application Deadline
17 WISD's Internship Signing Day
17-18 TEDC Women in ED Conference—Austin—aw/rh
18 Chamber Lunch n Learn—Attracting and Retaining Workforce
20 7:00 am WEDC—Board Meeting
22-25 ICSC 2022 Las Vegas—Las Vegas—mp, bp, ro,gm,bb,jg
24 11:30 am Wylie Chamber of Commerce Luncheon-Leadership Wylie Class 18 Graduation
30 11:30 am Memorial Day Ceremony- "The Legacy of War"-Olde City Park
30 ,LOSEh Memorial Day
31 6:00 pm RESCHEDULED-City Council Meeting&Joint CPAC/Council Work Session
2022 June Board Meeting-15th
Day Time Meeting/Event
10 TEDC Sales Tax Workshop
12-14 IEDC Economic Future Forum—Richardson-jg
14 6:00 pm City Council &CPAC Joint Workshop
15 8:30 am WEDC- Board Meeting
69
05/20/2022 Item DS5.
21-24 TEDC 2022 Summer Basic Economic Development Course-Corpus Christi
22-24 TEDC Mid-Year Conference-Corpus Christi
25 Bluegrass on Ballard
28 5:30 pm Reception for Outgoing Board/Commission Members
28 6:00 pm City Council
28 11:30 am Wylie Chamber of Commerce—Monthly Luncheon
Around the Corner...
• City Council-WEDC Budget Work Session—July 12
• City Council- Final Budget Work Session—July 26
• City Council/CPAC:Joint Public Hearing—July 26
• TEDC-Sales Tax Workshop, DFW/Garland-September 16
• TEDC-Sales Tax Workshop, Houston-October 7
• TEDC 2022 Fall Basic Economic Development Course, Richardson - November 1-4
• TEDC-Sales Tax Workshop,Austin- November 18
• TEDC-Sales Tax Workshop,Virtual-Available December 2-16
70