09-26-2023 (City Council) Agenda Packet Wylie City Council Regular Meeting
September 26, 2023 —6:00 PM f'V
Council Chambers- 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY
WYLIE
CALL TO ORDER
INVOCATION&PLEDGE OF ALLEGIANCE
PRESENTATIONS &RECOGNITIONS
PRl. Manufacturing Day.
PR2. Hispanic Heritage Month.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
CONSENT AGENDA
All matters listed under the ConsentAgenda 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 September 12,2023 Regular City Council Meeting minutes.
B. Consider,and act upon,an agreement authorizing the appointment of Steve Feil as Associate Municipal Court
Judge for the City of Wylie effective October 1, 2023, setting terms and stipend of service.
CC. Consider,and act upon,Resolution No.2023-19(R)authorizing the City Manager of the City of Wylie,Texas,
to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the
performance of governmental functions and service specifically,emergency dispatch services associated with
fire,rescue, and emergency medical services first responder general fire services.
Q. Consider,and act upon,Resolution No.2023-20(R)authorizing the City Manager of the City of Wylie,Texas,
to execute an. Interlocal Agreement by and between the City of Wylie and the City of Lucas for the
performance of governmental functions and service specifically,emergency dispatch services associated with
fire,rescue, and emergency medical services first responder general fire services.
E. Consider, and act upon, Ordinance No. 2023-44 of the City of Wylie, Texas, amending Wylie's Code of
Ordinances, Ordinance No. 2021-17, as amended, Appendix A—Comprehensive Fee Schedule, Article IV
(Engineering Fees), amending Section D (Engineering Inspections Fees) regarding the updating of fees in
response to the implementation of House Bill 3492;providing for repealing,savings and severability clauses;
providing for an effective date of this ordinance; and providing for the publication of the caption hereof.
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E]
K Consider, and act upon, Resolution No. 2023-21(R) authorizing the City Manager of the City of Wylie to
execute the Interlocal Agreement between Collin County, Texas, and the City of Wylie, Texas concerning
the construction of E.FM 544(Stone Road)from Alfred Drive to County Line Road Bond Project#RI07092.
Gr Consider,and act upon,approval of the Jingle Bell Jog 5K and Fun Run/Walk hosted by the non-profit group,
Wally W. Watkins PTA, on December 2, 2023,in Founders Park.
H. Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for August 31,2023.
I. Consider, and place on file,the City of Wylie Monthly Investment Report for August 31, 2023.
J. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of August 31, 2023.
K. Consider, and act upon, Resolution No. 2023-22(R) approving the current Investment Policy as required by
the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A - Authorized
Investments for Governmental Entities.
Ise Consider, and act upon, approving the Debt Management Policy.
M. Consider, and act upon, approving the revised Financial Management Policies.
N. Consider, and act upon, the approval of W2023-120-I for Electrical Installation and Masonry Columns for
East Meadow Splash Pad to SDB Contracting Services INC. in the amount of $132,012.59, through a
cooperative purchasing contract with BuyBoard(#581-19) and authorizing the City Manager to execute any
and all necessary documents.
O. Consider, and act upon, the approval of W2023-119-1 Electrical Installation and Fabric Shade Structure for
Community Park Splash Pad to SDB Contracting Services INC. in the amount of$143,686.55, through a
cooperative purchasing contract with BuyBoard(#581-1.9) and authorizing the City Manager to execute any
and all necessary documents.
P. Consider,and act upon,the approval of a request to renovate an existing commercial structure,located at 105
W. Jefferson within the Downtown Historic District.
Q Consider, and act upon, a Final Plat of Moncada Addition,Lot 1, Block A establishing one lot on 0.59 acres
in the City of Wylie Extra Territorial Jurisdiction,property located at 1202 Troy Road.
R, Consider, and act upon, Ordinance No. 2023-45 for a change in zoning from Agricultural (AG/30) to
Commercial Corridor-Special Use Permit(CC-SUP)on 0.821 acres to allow for Drive-Through Restaurant.
Property located at 2009 N State Highway 78 (ZC 2023-13).
S. Consider, and act upon, a Final Plat of Wylie Retail Office Park, Lot 2R, Block A,being a Replat of Lots 2
and 3,Block A of Wylie Retail Office Park,establishing one commercial lot on 2.595 acres,generally located
at 2045 N State Highway 78.
T. Consider, and act upon, Ordinance No. 2023-46 for a change in zoning from Commercial Corridor(CC) to
Commercial Corridor- Special Use Permit(CC-SUP) on 1.985 acres to allow for Automobile Repair Major
use. Property located north of 451 Westgate Way(ZC 2023-12).
U. Consider, and act upon, a First Amendment to Interlocal Cooperation Agreement for Jail Services between
the City of Wylie and the City of Farmersville, and authorizing the City Manager to execute any necessary
documents.
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REGULAR AGENDA
1. Consider, and act upon, Ordinance No. 2023-47 of the City of Wylie, Texas, amending Wylie's Code of
Ordinances,Ordinance No.2021-17,as amended,Chapter 78 (Parks and Recreation),Article VIII(Planting,
Maintaining Trees, Shrubs on Public Property), Section 78-256(b)(3)a. (Adjacent Landowner
Responsibility); increasing the required clearance height of trees and shrubs that extend over the curb line;
providing for repealing, savings and severability clauses; providing for an effective date of this ordinance;
and providing for the publication of the caption hereof.
2. Consider, and act upon, Ordinance No. 2023-48 releasing a portion of the City of Wylie's Extraterritorial
Jurisdiction, consisting of a 0.697-acre tract of land located in the Hunters Glen Addition, Lot 1, Blk 1,
located at 101 Hunters Glen Drive.
1 Consider, and act upon, the award of bid #W2023-106-B for McMillen Road from McCreary Road to
Country Club Road to McMahon Contracting L.P. in the estimated amount of $21,265,684.73 and
authorizing the City Manager to execute any necessary documents.
4. Consider, and act upon, the approval of #W2023-86-I Senior Recreation Center Renovation to LMC
Corporation in the amount of$736,877.17 through a cooperative purchasing contract with BuyBoard(#660-
21) and authorizing the City Manager to execute any and all necessary documents.
5. Consider, and act upon, Resolution No. 2023-23(R) casting a nomination for a candidate for the Board of
Directors of the Dallas Central Appraisal District.
6. Consider, and act upon, Resolution No. 2023-24(R) casting a nomination for a candidate for the Board of
Directors of the Rockwall Central Appraisal District.
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.
ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM
544/Cooper, FM 544/Sanden,Jackson/Oak,Regency/Steel,State Hwy 78/Ballard,State Hwy 78/Brown,and
State Hwy 78/Skyview.
ES2. Discuss property located at Hwy. 78 and Spring Creek.
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).
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: 2013-9a, 2021-2d, 2021-5a, 2021-6c, 2021-9b,
2021-11b, 2022-lb, 2022-1c, 2022-7b, 2022-9a, 2022-10c, 2023-la, 2023-1c, 2023-2b, 2023-2d, 2023-
3b, 2023-5b, 2023-6b, 2023-6c, 2023-6d, 2023-8a, 2023-8b,2023-8c, 2023-9a, 2023-9b, and 2023-9c.
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RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-1).
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on September 22,2023 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 City Council should determine that a closed or
executive meeting or session of the City Council or a consultation with the attorney for the City should be held or
is required, then such closed or executive meeting or session or consultation with attorney as authorized by the
Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,
hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting
or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes
permitted by the Act,including,but not limited to,the following sanctions and purposes:
Texas Government Code Section:
§ 551.071 —Private consultation with an attorney for the City.
§ 551.072—Discussing purchase, exchange, lease or value of real property.
§ 551.074—Discussing personnel or to hear complaints against personnel.
§ 551.087—Discussing certain economic development matters.
§ 551.073—Discussing prospective gift or donation to the City.
§ 551.076—Discussing deployment of security personnel or devices or security audit.
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09/26/2023 it,,A.
lAl
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Subject I
Consider, and act upon, approval of the September 12,2023 Regular City Council Meeting minutes.
Recommendation 0
Motion to approve the Item as presented.
The minutes are attached for your consideration.
09/26/2023 it,,A.
Wylie City Council Regular Meeting Minutes
September 12,2023 —6:00 PM fN
Council Chambers- 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF
WYLIE
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:03 p.m. The following City Council members were
present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tem Jeff Forrester, Councilman Sid
Hoover, and Councilman Gino Mulligi. Councilman Scott Williams was absent.
Staff present included: City Manager Brent Parker;Deputy City Manager Renae 011ie;Assistant City Manager Lety
Yanez,Fire Chief Brandon Blythe;Police Chief Anthony Henderson;Fire Marshal Cory Claborn;Finance Director
Melissa Brown; Public Information Officer Craig Kelly; Community Services Director Jasen Haskins; City
Secretary Stephanie Storm; City Engineer Tim Porter; Public Works Director Tommy Weir; Purchasing Manager
Glenna Hayes; Senior Buyer Chris Rodriguez; Parks and Recreation Director Carmen Powlen; Library Director
Ofilia Barrera; Project Engineer Jenneen Elkhalid; Wylie Economic Development Corporation Executive Director
Jason Greiner; and various support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Mayor pro tem Forrester led the invocation, and Councilman David R. Duke led the Pledge of Allegiance.
PRESENTATIONS &RECOGNITIONS
PRl. Constitution Week.
Mayor Porter presented a proclamation proclaiming September 17-23,2023 as Constitution Week in Wylie,Texas.
Ms. Ferguson,representing the Daughters of the American Revolution, Blackland Prairie Chapter, was present to
receive the proclamation.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fall out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
There were no persons present wishing to address the City Council.
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 August 22,2023 Regular City Council Meeting minutes.
B. Consider, and act upon, a Preliminary Plat of Lot 1,Block A of Bufflehead Addition, establishing one
light industrial lot on 8.96 acres.Property generally located at 1011 E.Brown Street.
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09/26/2023 it,,A.
C. Consider, and act upon, a Final Plat for Lots 1-2, Block A of Upwind Capital Addition establishing
two lots on 4.1396 acres, generally located at 1971. N. State Highway 78.
D. Consider,and act upon,a Final Plat for Lots 1R,2R,3R1,and 3R2,Block 14 of the Railroad Addition,
being a Replat of Lots 1-3A,Block 14 of Railroad Addition,establishing four residential lots on 0.446
acres,property located at 510 E.Marble.
E. Consider, and act upon, Resolution No. 2023-18(R) of the City Council of the City of Wylie,
recommending to the Collin County Commissioner's Court the renaming of County Road 725 to
Parker Road Loop.
F. Consider, and act upon, Ordinance No. 2023-41 amending Ordinance No. 2022-56,which established
the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance.
G. Consider, and act upon, Ordinance No. 2023-42 amending Ordinance No. 2022-56,which established
the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance.
H. Consider, and act upon, the award of a professional services project order (PSPO) #W2023-80-E for
the Stone Road from W.A.Allen to Bennett Road, Stone Road Improvement Project to Kimley Horn
and Associates, Inc. in the amount of$487,200.00 and authorizing the City Manager to execute any
necessary documents.
L Consider, and act upon, an Interlocal Cooperation Agreement for Jail Services between the City of
Wylie and the City of Royse City, and a First Amendment to Interlocal Cooperation Agreement for
Jail Services between the City of Wylie and the cities of Josephine and Lavon,and authorizing the City
Manager to execute any necessary documents.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Hoover,to approve the Consent Agenda
as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent.
REGULAR AGENDA
1. Hold a Public Hearing,consider,and act upon,the writing of an ordinance for a change in zoning from
Commercial Corridor(CC)to Commercial Corridor-Special Use Permit(CC-SUP) on 1.985 acres to
allow for Automobile Repair Major use.Property located north of 451 Westgate Way(ZC 2023-12).
Staff Comments
Community Services Director Haskins addressed the Council stating this is a request for a Special Use Permit(SUP)
on approximately two acres on Westgate Way just north of the Caliber Collision and south of the railway. The
applicant is asking for a SUP for a use that is similar to Caliber Collision for major automotive repair. A board-on-
board fence will be added around the entire property which would normally not be required based on the Zoning
Ordinance as it is not visible from the street,but they want to be good neighbors. Notifications were mailed to 31
property owners and staff did not receive any responses in favor or against. If the zoning is approved the site plan
and plat would come through for review and consideration. The Planning and Zoning Commission did vote 7-0 to
recommend approval on this item.
Council Comments
Councilman Duke asked if any chemicals would be disposed of on-site that would make this an EPA future site.
Haskins replied as long as the laws and regulations are followed this site will not be a future EPA site.
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Public Hearing
Mayor Porter opened the public hearing on Item 1 at 6:16 p.m. asking anyone present wishing to address Council
to come forward.
No persons were present wishing to address the Council.
Mayor Porter closed the public hearing at 6:16 p.m.
Council Action
A motion was made by Councilman Duke, seconded by Councilman Williams, to approve Item 1 as presented. A
vote was taken and the motion passed 5-1 with Councilman Mulliqi voting against and Councilman Williams absent.
2. Hold a Public Hearing,consider,and act upon,the writing of an ordinance for a change in zoning from
Agricultural(AG/30)to Commercial Corridor- Special Use Permit(CC-SUP)on 0.821 acres to allow
for Drive-Through Restaurant.Property located at 2009 N. State Highway 78(ZC 2023-13).
Staff Comments
Community Services Director Haskins addressed the Council stating this request is for a drive-through restaurant
use for aproposed Dutch Brothers coffee shop.The property is just under an acre and is located on N. State Highway
78 with pOpshelf to the west, the hotel to the east, and the Public Safety Building to the north across Highway 78.
The land is currently zoned agricultural and they are requesting a Special Use Permit(SUP) for the drive-thru, as
required by the Zoning Ordinance. In addition, they are asking that the zoning, if approved, would also be a site
plan approval so they would not have to go back through the process. Staff has reviewed this plan, and agree that it
complies with the Zoning Ordinance. Notifications were mailed to 10 property owners and no responses were
received in favor or against. The Planning and Zoning Commission did vote 7-0 to recommend approval of this
item.
Council Comments
Mayor pro tem Forrester asked if they will be using the same type of materials as the one on FM 544 on the exterior.
Haskins replied yes, they would be using the same type of materials. Forrester expressed parking concerns and
asked if the proposed parking could handle the walk-up business. Haskins replied according to the Zoning
Ordinance they have more parking than what is required. Robert Van,representing Dutch Brothers,replied stating
most employees are part-time and are dropped off or use bicycles, but if there are concerns they could potentially
make adjustments. Mayor Porter asked if the exterior material type is written in an agreement for this project.
Haskins replied it is shown on the elevations but cannot be written into the Ordinance unless they are open to a
development agreement. Porter asked the developer if the intent was to use the same exterior facade. Van replied
the stone may have changed but it will be very similar to the current building on FM 544.Councilman Mulliqi asked
if there would be any fences or bushes between the proposed property and the hotel. Van replied there would be
fencing.
Public Hearing
Mayor Porter opened the public hearing on Item 2 at 6:23 p.m. asking anyone present wishing to address Council
to come forward.
No persons were present wishing to address the Council.
Mayor Porter closed the public hearing at 6:24 p.m.
Council Action
A motion was made by Councilman Mulliqi,seconded by Mayor pro tem Forrester,to approve Item 2 as presented.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
3. Consider,and act upon,Ordinance No.2023-43,designating the public access easement within the FM
544 Gateway Addition as John Yeager Way.
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09/26/2023 it,,A.
Staff Comments
Community Services Director Haskins addressed the Council stating the Wylie EDC Board recommended that the
public access easement that runs through the 544 Gateway development be named after Mr. Yeager. Mr. Yeager is
more than deserving of this honor.
Council Comments
Mayor Porter stated Mr.Yeager served the City for 31 years on the EDC board from its inception,being the longest-
serving board member of our EDC and on any EDC board within the state of Texas. He has dedicated a lot of his
time and energy to early morning meetings and has also served on multiple other boards within the community. He
has also owned and maintained the oldest continuously operated business in the City and has resided in the City for
over 50 years. He has done a lot for this City and we appreciate him. He is very deserving of the recognition.
Council Action
A motion was made by Mayor pro tent Forrester, seconded by Councilman Mulliqi,to approve Item 3 as presented.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
Mr. Yeager thanked the Council and EDC for this honor saying he was very humbled as Wylie is a special place
for him.He has lived,had a business,and raised a family here for over 50 years,and his daughters and grandchildren
have gone through the Wylie school system.
4. Consider, and act upon, the award of Bid #W2023-99-B for E. FM 544 from North Alfred to
Vinson/County Line Road to Tiseo Paving Company in the estimated amount of$14,459,964.54, and
authorizing the City Manager to execute any and all necessary documents.
Staff Comments
Purchasing Manager Hayes addressed the Council stating this is for the East FM 544 project where the City put out
a competitive sealed bid process and received eight bids. In going through the bids, Tiseo Paving was the apparent
low bidder and they have been reviewed and the numbers have been verified by the City's engineering firm of
record. The award itself was $13,771,394.80 and includes five percent of a pre-award of that 25 percent change
order law to keep the project moving.
Council Action
A motion was made by Councilman Strang, seconded by Mayor pro tent Forrester,to approve Item 4 as presented.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Storm read the captions of Ordinance Nos. 2023-41, 2023-42, and 2023-43 into the official record.
ADJOURNMENT
A motion was made by Councilman Strang, seconded by Councilman Mulligi, to adjourn the meeting at 6:34 p.m.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm,City Secretary
F,Iag 14
09/26/2023 Item B.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Municipal Court Account Code:
Prepared By: Lisa Mangham
Subject I
7onsideand act upon, an agreement authonzing the appointment of Steve Feil as Associate Municipal Court Judge for the
ylie effective October 1, 2023, setting terms and stipend of service.
Recommendation
otion to approve the Item as presented.
Discussion I
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 appointment of the Associate Municipal Court Judge is for a two-year term effective October 1,2023 through September
30,2025, 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$3,000.00. This does reflect a change from an hourly rate to a set monthly rate, and is
budget neutral. Judge Feil works approximately 15 hours a month ($75.00 an hour). He currently performs magistrates for
he jail once a month,fills in as backup for dockets, signs warrants, and other judicial services as needed. Beginning October
1, 2023, Judge Feil will be placed on a weekly rotation for jail services due to the increase in magistrate duties. We are also
adding a docket once a month that Judge Feil will preside over. This additional docket will include an open docket day to
better serve our customers. These changes will increase his hourly average to 40 hours a month($75 an hour). Judge Feil has
served the City of Wylie for two years as the Associate Municipal Court Judge.
It is recommended that Judge Feil continue to provide service to the City as the City of Wylie Municipal Court Associate
Judge.
El
09/26/2023 Item B.
MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT—ASSOCIATE JUDGE
The City of Wylie, Texas, a home-rule municipality ("Wie"), and Steve Feil
("Contractor")hereby enter into this Municipal Court Judicial Services Agreement("Agreement").
Wylie and Contractor are sometimes referred to collectively as the "parties" or individually as a
�X•
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and
maintains the Wylie Municipal Court and appoints judges as may be necessary to serve the Court
pursuant to Article IV, § 3 of Wylie City Charter; and
WHEREAS, Contractor desires to contract with Wylie to provide such judicial services
as an associate judge for the Wylie Municipal Court under the terms and conditions of this
Agreement; and
WHEREAS, Contractor represents and warrants that through education and experience,
Contractor possesses the requisite skills to provide such judicial services in a professional and
competent manner; and
WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an
employment agreement and does not establish a relationship of employer and employee between
Wylie and Contractor, but defines a relationship between the parties wherein the Contractor is in
fact an independent contractor of Wylie; and
WHEREAS, Contractor reserves independence to act within the limits imposed by law
and professional obligations such that Wylie's objectives during the term of this Agreement will
be furthered through means the Contractor considers appropriate in accordance with Contractor's
professional obligations and as may be required by the Texas Code of Judicial Conduct and other
applicable rules and regulations.
NOW,THEREFORE, in consideration of the mutual agreements and covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
I. Scope of Services. Contractor shall provide judicial services as an associate judge in Wylie
Municipal Court and shall furnish all labor, equipment, supplies and all other items
necessary to provide the services and deliverables as specified by the terms and conditions
of this Agreement (collectively, "Services"). The Services include, but are not limited to,
the following:
(a) Hearing and consideration of cases and other matters scheduled and assigned to
Contractor in the Wylie Municipal Court;
(b) Presiding over Wylie Municipal Court dockets, including pretrial conferences,
pretrial hearings, plea and arraignments proceedings, trials and other proceedings
scheduled and assigned to Contractor in the Wylie Municipal Court;
Municipal Court Judicial Services Agreement—Associate Judge
Page 1 of 7
3066632
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09/26/2023 Item B.
(c) Issuing appropriate rulings and orders in cases and other matters scheduled and
assigned to Contractor in the Wylie Municipal Court;
(d) Perform magistrate, arraignment and warrant duties scheduled and assigned to
Contractor;
(e) Communicating with Wylie Municipal Court staff, judges, prosecuting and
defending attorneys, defendants and other participants in cases and other matters
scheduled and assigned to Contractor in the Wylie Municipal Court;
(f) Performing such other functions within Wylie Municipal Court normally required
of a municipal court associate judge; and
(g) Providing Wylie timely updates regarding changes in the scope and nature of the
Services provided hereunder that may affect operations, policies or activities of
Wylie Municipal Court and making recommendations on improving the quality and
efficiency of the Services provided hereunder.
The Presiding Judge of the Wylie Municipal Court shall establish the times and days for
the court dockets and retains authority to change the same from time to time. Contractor
shall perform the Services at the dockets so established and to which he/she may be
scheduled. If Contractor is unavailable to complete these Services, it shall be the duty of
Contractor to seek an alternative method of fulfilling these duties through another Wylie-
appointed Judge.
2. Term; Termination. The term of this Agreement shall commence on the Effective Date
(hereinafter defined) of this Agreement and shall continue in effect until the second
anniversary of the Effective Date, unless terminated earlier in accordance with this
Agreement or the City Charter. Wylie shall have the option to extend this Agreement for
additional terms of two (2) years each on the same terms and conditions by giving
Contractor written notice of its intent to extend prior to the expiration of the then-current
two (2) year term, provided that the City Council has re-appointed Contractor as the
presiding judge in accordance with Section 4.03 of the City Charter. Wylie is entitled to
terminate this Agreement at any time for any reason or for no reason by giving Contractor
written notice of termination, removal or non-appointment. Contractor is entitled to
terminate this Agreement at any time for any reason or for no reason by giving Wylie at
least thirty (30) days' prior written notice of the termination date. The term of this
Agreement shall automatically terminate on the date that Contractor ceases to maintain all
necessary qualifications to serve as a judge for the Wylie Municipal Court, including but
not limited to being a licensed attorney in good standing and/or having two or more years
of experience in the practice of law in Texas should the Wylie Municipal Court be
converted to a municipal court of record.
3. Compensation;Billing. In exchange for Contractor's provision of the Services as described
in this Agreement, Wylie agrees to pay Contractor at the rate of$3,000.00 per month of
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09/26/2023 Item B.
work actually performed by Contractor under this Agreement. Such amount shall be
payable on a monthly basis at the time and in the manner determined by Wylie. Wylie is
entitled to withhold,deduct and pay from such amount applicable income and other payroll
taxes, but in no event shall such actions by Wylie alter the parties' independent contractor
relationship or entitle Contractor to any employment, insurance,vacation or other benefits.
In this regard, Contractor shall defend, indemnify and hold harmless Wylie from any and
all liability which may result from the failure to withhold, and/or the withholding of, any
sums from the monies payable to Contractor under this Agreement, including, but not
limited to, any taxes,interest or penalties owed to the Internal Revenue Service or any other
party.
No additional compensation shall be due to Contractor for any travel to or from Wylie or
for travel to any hearings, trials or other proceedings. Notwithstanding anything to the
contrary herein, Wylie shall not be required to pay Contractor if Contractor is in breach of
this Agreement.
As an appointed official, Contractor agrees to perform the service required by the position
of presiding judge and is not limited to or guaranteed a preset number of hours per week
or per month to perform such services. Contractor is expected to engage in those hours of
work which are necessary to fulfill the obligations of Contractor's position. Contractor
acknowledges that the proper performance of duties as presiding judge will often require
the performance of necessary services at times and for extended periods other than as
scheduled. Contractor agrees to devote such additional time as is necessary for the full and
proper performance of duties and that the compensation herein provided for includes
compensation for the performance of all such Services.
4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to
contract with and/or assign other judges to provide the same or similar judicial services for
Wylie Municipal Court, and Contractor agrees to fully cooperate with Wylie and any such
other judges in this regard, including but not limited to, coordinating the scheduling and
coverage of the dockets and other needs of Wylie Municipal Court.
5. Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During
the term of this Agreement, Contractor shall not represent any person or entity or otherwise
engage in the practice of law in a matter directly adverse to Wylie, in an adversarial
capacity before the Wylie City Council or any of its courts, agencies, boards or
commissions, or in a matter that Wylie determines is adverse to the interests of Wylie.
Further, Contractor represents that Contractor does not have any personal, business or
financial interests or relationships which would cause a reasonable individual with
knowledge of the relevant facts to question the integrity or impartiality of Contractor in
performing the Services. Contractor shall evaluate on an ongoing basis whether, in
Contractor's professional judgment, a conflict may become apparent or imminent. In the
event that Contractor believes a conflict may develop or has developed, Contractor shall.
immediately communicate with Wylie about the perceived potential conflict.
6. Professional Obligations._ Contractor must complete the minimum number of hours of
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instruction annually in the performance of the duties of a municipal court associate judge
as required by the laws of the State of Texas and any applicable rule or statute. Wylie shall
pay the reasonable cost of such required training, including required books and materials
upon receipt by Wylie of written invoices for the same. Contractor shall ensure that official
copies of records documenting such training shall be kept and maintained at all times. The
Contractor shall provide proof of current certification from the State Bar of Texas on
October 1 of each year during the term of this Agreement.
7. Entire Agreement. This Agreement contains all representations, understandings, contracts
and agreements between the parties regarding the subject matter of this Agreement. This
Agreement supersedes all oral or written previous and contemporaneous agreements,
writings, understandings, representations or contracts between the parties regarding the
subject matter of this Agreement. No amendment to this Agreement shall be made except
on the written agreement of the parties,which shall not be construed to release either party
from any obligation of this Agreement except as specifically provided for in such
amendment.
8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal
Court are supervised by the City Manager as administrative employees and that Municipal
Court prosecutors are supervised by the City Attorney. Contractor does not serve in a
supervisory role as to any of these or other employees of Wylie except with regard to
judicial procedures of the court. However, he/she shall consult with the appropriate
department head or City Manager concerning needed improvements or problems that come
to his/her attention through his/her service under this Agreement.
9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will
abide by, the no prohibited interest requirement of Wylie City Charter. Contractor
acknowledges and agrees that the existence of a prohibited interest during the term of this
Agreement will render this Agreement voidable.
10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely
responsible and liable for Contractor's own acts and omissions and for any and all damage
to Contractor's equipment and other property. Wylie assumes no such responsibility or
liability. Wylie shall have no such responsibility or liability to Contractor.
11. Compliance with Laws. Contractor shall comply with all federal, state and local laws,
statutes,ordinances,regulations and policies,as they exist,may be amended or in the future
arising,applicable to Contractor and its work under this Agreement. If Contractor observes
or is notified that the work under this Agreement is at variance with applicable laws,
statutes,ordinances,regulations and policies, Contractor shall immediately notify Wylie in
writing.
12. Assignment. Contractor agrees that neither this Agreement nor the work to be performed
hereunder will be assigned or sublet without the prior written consent of Wylie.
13. Savings/Severability. In the event that a term, condition or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent
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jurisdiction,then that term, condition or provision shall be deleted and the remainder of the
Agreement shall remain in full force and effect as if such invalid, illegal, void,
unenforceable or unlawful provision had never been included in this Agreement.
14. Consideration. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
15. Attorneys' Fees. If either party files any action or brings any proceeding against the other
arising from this Agreement, then as between Wylie and Contractor, the prevailing party
shall be entitled to recover as an element of its costs of suit, and not as damages,reasonable
and necessary attorneys' fees and litigation expenses both at trial and on appeal.
16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation,
validity,performance and enforcement of this Agreement,without regard to conflict of law
principles. This Agreement is performable in Collin County, Texas, and the exclusive
venue for any action arising out of this Agreement shall be a court of appropriate
jurisdiction in Collin County, Texas.
17. No Waiver. Waiver by either parry of any breach of this Agreement,or the failure of either
party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit, or waive such party's right thereafter to enforce and compel strict compliance.
18. Headings. The headings of the various sections of this Agreement are included solely for
convenience of reference and are not to be full or accurate descriptions of the content
thereof.
19. Notice. Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by depositing the same in the United States Mail, addressed to
the party to be notified, postage pre-paid and registered or certified with return receipt
requested; by electronic mail, with documentation evidencing the addressee's receipt
thereof; or by delivering the same in person to such party a via hand-delivery service, or to
any courier service that provides a return receipt showing the date of actual delivery of the
same to the addressee thereof. Notice given in accordance herewith shall be effective on
receipt at the address of the addressee. For purposes of notification, the addresses of the
parties shall be as follows:
If to Contractor, to: Steve Feil
If to Wylie, to: City of Wylie
Attn: City Manager, Brent Parker
300 Country Club Rd
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Wylie, Texas
Email: brent.parker@wylietexas.gov
With a copy to: Abernathy, Roeder, Boyd& Hullett, P.C.
Attn.: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4054
Email:
20. Representations. Each party states that it has carefully read this Agreement, knows the
contents hereof, has consulted with an attorney of its choice regarding the meaning and
effect hereof and is signing the same solely of its own judgment.
21. Independent Contractor. Contractor covenants and agrees that Contractor is an
independent contractor and not an officer, agent, servant or employee of Wylie; that
Contractor shall have exclusive control of and exclusive right to control the details of the
work performed hereunder and all persons performing the same; that the doctrine of
respondent superior shall not apply as between Wylie and Contractor; and that nothing
herein shall be construed as creating a partnership or joint enterprise between Wylie and
Contractor. Neither Contractor nor his agents or employees shall be deemed to be an
employee of Wylie for any purpose whatsoever. Contractor shall not be eligible to
participate in any benefit program provided by Wylie for its employees. Contractor shall
be exclusively responsible for the payment of his/her own taxes, withholding payments,
penalties, fees, fringe benefits, contributions to insurance and pension or other deferred
compensation plans, including but not limited to worker's compensation and Social
Security obligations, professional fees or dues. Wylie may arrange to provide space for
Contractor to use to facilitate access to the Municipal Court staff and others. The provision
of space is not compensation,nor does it change the nature of the relationship from that of
independent contractor. Contractor agrees to make use of the space, if any, as an
accommodation to Wylie and only to conduct business in accordance with this Agreement.
22. Incorporation of Recitals. The representations, covenants and recitations set forth in the
foregoing recitals of this Agreement are true and correct and are hereby incorporated into
the body of this Agreement and adopted as findings of the authorized representatives of
Wylie and Contractor.
23. 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.
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24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and
performing this Agreement, Wylie has not waived, nor shall be deemed to have waived,
any defense or immunity, including governmental, sovereign and official immunity, that
would otherwise be available to it against claims arising in the exercise of governmental
powers and functions. By entering into this Agreement, the parties do not create any
obligations, express or implied, other than those set forth herein
25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government
Code, Contractor hereby certifies that Contractor (a) does not boycott Israel; and (b) will
not boycott Israel during the term of any contract with Wylie, including during the term of
this Agreement.
26. Multiple Counterparts. This Agreement may be executed in a number of identical
counterparts,each of which shall be deemed an original for all purposes.An electronic mail
and/or facsimile signature will also be deemed to constitute an original if properly executed
and delivered to the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement("Effective Date").
CITY OF WYLIE,TEXAS
By:
Printed Name:
Title:
Date:
By:
Printed Name:
Date:
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09126120231tem C.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Fire Account Code:
Prepared By: Fire—Brandon Blythe
Subject I
Consider, and act upon, Resolution No. 2023-19(R) authorizing the City Manager of the City of Wylie,Texas,to execute an
Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the performance of governmental
functions and service specifically, emergency dispatch services associated with fire,rescue, and emergency medical services
first responder general fire services.
Recommendation 2
Motion to approve the Item as presented.
Discussion I
The Town of Fairview shall provide and stay current on all necessary street, apparatus, and response information necessary
or dispatching information unique to the Town of Fairview operations. Upon initial execution of the agreement,the Town of
Fairview will provide $92,110.52 within 30 days of the contract invoice date during the primary term and each renewal
erm. This amount shall compensate Wylie for dispatch services provided during the first year of the primary term. For all
ubsequent years of the primary term and any renewals, the cost shall increase by the actual increased cost to Wylie for an
ntry-level dispatcher in Wylie with an additional ten percent of the overall cost for administrative costs. There are additional
xpectations of each city specifically noted in the ILA. A ninety-day notice of termination is required unless mutually agreed
pon by both entities.
1#3
09126120231tem C.
RESOLUTION NO. 2023-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF WYLIE AND THE TOWN OF FAIRVIEW FOR THE
PERFORMANCE OF GOVERNMENTAL FUNCTIONS AND SERVICES;
SPECIFICALLY, EMERGENCY DISPATCH SERVICES ASSOCIATED WITH
FIRE,RESCUE,AND EMERGENCY MEDICAL SERVICES FIRST RESPONDER
GENERAL FIRE SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie,Texas, an Interlocal Agreement by and between the Town
of Fairview and the City of Wylie, Texas for the performance of governmental functions and services,
specifically, emergency dispatch services associated with fire rescue, and emergency medical services first
responder general fire services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th
day of September, 2023.
Matthew Porter,Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No. 2023-19(R)Interlocal Agreement between the Town of Fairview Page 1 of 1
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1 0912612023 Item C.
INTERLOCAL AGREEMENT FOR
COMMUNICATIONS CENTER AND DISPATCH SERVICES
This Interlocal Agreement for Communications Center and Dispatch Services
("Agreement") is entered into by and between the City of Wylie,Texas, a home-rule municipality
("Wylie") and the Town of Fairview, Texas, a home-rule municipality ("'Fairview""). Wylie and
Fairview are at times each referred to herein as a "party" or collectively as the "parties."
WHEREAS, Wylie has established a comprehensive regional public safety and public
service communications and dispatch center("Communications Center"); and
WHEREAS, Wylie's Communications Center is equipped with radio, telephone and data
equipment and is designated as a 911 emergency communications Public Safety Answering Point
PSAP"); and
WHEREAS, Wylie currently has equipment and operator capacity above and beyond the
immediate needs of Wylie and has offered to make such equipment and operators available to
address the regional communications/dispatch needs for the purpose of local government/agency
communications; and
WHEREAS, Wylie has determined that it is in the best interests of the public to share its
communication facility,equipment and personnel capabilities with cities,towns,fire departments,
emergency medical care providers and other governmental entities in order to facilitate more
effective and efficient use of the Communications Center; and
WHEREAS, Fairview has requested that Wylie provide communications and dispatch
services to Fairview, and Wylie has agreed to provide such services under the terms and
conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas
Government Code (otherwise known as the Interlocal Cooperation Act) and specifically Section
791.006(a) of the Texas Government Code, as amended; and
WHEREAS, the provision of communications and dispatch services is a governmental
function that serves the public health and welfare and is of mutual concern to the parties; and
WHEREAS, Wylie and Fairview deem it to be in the best interest of both parties to enter
into this Agreement; and
WHEREAS,each party paying for the performance of governmental functions or services
is making those payments from current revenues available to the paying party and all payments
are in an amount that fairly compensates the performing party for the services or functions
performed under this Agreement.
NOW,THEREFORE, in consideration of the mutual covenants contained herein, Wylie
and Fairview hereby agree as follows:
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0912612023 Item C.
I. Performance of Services.
a. Wylie shall provide to Fairview, on a non-exclusive basis, communication and
dispatch services through its Communications Center for the following
emergencies: fire, medical, weather, hazardous materials and other general civil
emergencies(collectively, "Services"). In order to facilitate the Services, Fairview
shall provide to Wylie's communications personnel, on a continuing basis, all
necessary street, apparatus and response inforination, as well as all necessary
dispatching information unique to Fairview's operations.
b. Without waiving any governmental immunity to which it is entitled, Wylie agrees
to and accepts full responsibility for the acts, negligence and/or omissions of all
Wylie employees and agents in connection with the performance of the Services,
C. Without waiving any governmental immunity to which it is entitled, Fairview
agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all Fairview employees and agents. It is also the responsibility of Fairview to
ensure that its use of the Communications Center conforms to all Federal
Communications Commission rules and regulations.
d. On an ongoing basis, Wylie and Fairview agree to provide complete and adequate
training to personnel selected by Fairview and/or Wylie in the use of the
Communications Center.
e. It is specifically agreed and understood by the parties hereto that this Agreement
is permissive only and no property rights are granted hereunder.
1'. In the event Fairview or Wylie should fail to fulfill any of its obligations hereunder
or shall violate any municipal, county, state or federal law, the other party shall
have the option of terminating this Agreement by giving written notice of such
violation and intent to terminate thirty(30)days in advance of the effective date of
the termination.
9. Correspondence, comments, requests,and complaints regarding Services rendered
under this Agreement shall be reduced to writing and forwarded to the persons
designated below. Failure to properly forward comments, requests, demands, and
complaints may be considered as sufficient cause to terminate this Agreement
under Section I(f) above.
hP The Services shall not arbitrarily be withheld, but it is understood by the parties
that unforeseen circumstances may arise which prevent Wylie from providing
Services at a particular time. It is recognized that Wylie has the duty and
responsibility of rendering Services to citizens of both Wylie and Fairview. In the
performance of the Services,Wylie shall have the sole responsibility and discretion
to determine priorities in the dispatching and use of equipment and personnel. In
the event that Wylie determines that it cannot provide continuous and uninterrupted
Services to Fairview during the Primary Terrn of this Agreement(and any Renewal
Term), Wylie shall use its best efforts to promptly notify Fairview of the
interruption in provision of the Services and the estimated time until Services will
be resumed.
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0912612023 Item C.
1 Term.
The terof this Agreement shall commence on October 1, 2023 and shall terminate one
(1) year thereafter ("Primary Tenn"), unless terminated earlier in accordance with this
Agreement. Upon the completion of the Primary Term,this Agreement shall automatically
renew for ten (10) successive one (1) year periods ("Renewal Terms"), unless terminated
earlier by either party in accordance with this Agreement.
3. Termination
This Agreement may be terminated on the occurrence of either of the following:
a. Either party may terminate the Agreement by providing the other party written notice
of termination at least ninety (90)days prior to the anticipated date of termination; or
b. Mutual agreement of termination of the Agreement, executed in writing by both
parties, without the requisite ninety (90) days prior written notice.
c. For cause, according to Section I(f), herein.
In the event of a termination(except for cause under I(f) and 3(c), herein), Wylie shall be
compensated on a pro-rata basis for all Services performed to the termination date. In the
event of termination, should Wylie be over-compensated on a pro-rata basis for all
Services performed to the termination date, Fairview shall be reimbursed on a pro-rata
basis for all such over-compensation. Receipt of payment and/or reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of this Agreement. At the
sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event
Fairview annexes additional territory into its corporate limits and/or increases the area that
Fairview serves. Immediately upon the completion of any annexation proceedings,
Fairview shall notify Wylie of the annexation, in writing, and provide Wylie with a legal
description of the annexed area.
4. L2M2Lnsation.
Fairview, out of current revenues available to it, shall pay to Wylie the amount of ninety-
two thousand one hundred ten and 52/100 dollars ($92,110.52) as compensation for
Wylie's provision of the Services during the Primary Term and each Renewal Term of this
Agreement, except as otherwise provided in this Section. Such amount is based upon the
costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement
("Compensation Amount"). Fairview shall pay the Compensation Amount to Wylie net 30
days of date on the invoice during the Primary Term and each Renewal Term of this
Agreement.
For any Renewal Term, the Compensation Amount shall be adjusted to an amount equal
to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level
dispatcher increased by any costs of living and/or average merit pay increases that are
budgeted for the upcoming fiscal year; (ii) such dispatcher's expected overtime pay; and
(iii) employee benefits normally provided to such a dispatcher position by Wylie that are
separate and apart from pay rate and overtime pay. During each Renewal Term, Fairview
shall pay to Wylie an annual fee, in addition to the Compensation Amount, for
administrative services in the amount of ten percent(10%) of the Compensation Amount.
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1 0912612023 Item C.
The formula for determining the Compensation Amount shall be reviewed by Wylie and
Fairview during each Renewal Term of this Agreement for possible adjustments, but
Wylie shall have the final determination as to the Compensation Amount for each
successive term of this Agreement.
So that Wylie and all entities or agencies participating in the Communications Center may
have projected cost estimates in advance of the normal municipal budgeting cycle, Wylie
shall evaluate and determine the estimated cost for participation for the next fiscal year
with this estimate to include the annual service fees and rate increases,based on this annual
review,to be determined by Wylie prior to April I st of each year and shall be effective for
Services received after October I st, the beginning of a new fiscal year for Wylie of each
year. Wylie shall notify Fairview of any rate increases for Services performed or in the
annual service fee by certified mail, mailed to the person designated in this Agreement to
receive such notices,on or before April I st of each year.To the extent that the total amount
of any such increases communicated by Wylie, including both the Compensation Amount
and the ten percent (10%) fee for administrative services, would be in excess of fifteen
percent (15%) of the full amount of Fairview's payment due for the then-current term,
Fairview may, at its discretion, elect to terminate this Agreement by providing Wylie
written notice of termination at least ninety (90) days before the start of the successive
Renewal Term.In such an event,this Agreement shall be deemed to terminate immediately
before said Renewal Term would have commenced and the parties shall have no further
obligations under this Agreement.
The Compensation Amount due for any term of this Agreement shall be prorated in the
event a party elects to tenninate this Agreement in accordance with the terms of this
Agreement prior to the expiration of the then-current term,
Notwithstanding anything to the contrary in this Agreement and in addition to the
Compensation Amount and any other fees required under this Agreement, Fairview shall
pay all expenses for operation and maintenance of any equipment of facilities installed and
operated at the Communications Center for the use of Fairview. Radio equipment
transmitting on frequencies used by Fairview or its service area is an example of the types
of equipment or facilities that fall into this category for determination of costs,
5. Miscellaneous Provisions.
a. Consideration,
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.
b. Indemnity.
To the extent permitted by law and without waiving any governmental immunity
to which Fairview is entitled, Fairview shall defend, release, indemnify and hold
harmless Wylie, its officers, agents, servants, representatives and/or employees of
and from any and all claims, suits, actions, legal proceedings, demands, damages
or judgments, including all expenses, attorney fees, witness fees, costs, and costs
and expenses of appeals therefrom, arising out of Fairview's performance of this
agreement, including, but not limited to, the intentional or negligent acts and/or
omissions of Fairview, its officers, agents, servants, representatives and/or
Interlocal Agreement for Communications Center and Dispatch Services Page 4
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1 0912612023 Item C.
employees, and regardless of the 'joint or concurrent negligence of Wylie, its
officers, agents, servants, representatives and/or employees, this paragraph shall
survive termination of this agreement.
C. Notice.
Any notice provided or permitted to be given 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 be delivered 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 notification, the addresses of the parties shall be as
follows:
If to Fairview, to: Fairview Fire Department
Attn: Jeff Bell, Fire Chief
372 Town Place
Fairview, Texas 75069
If to Wylie,to: City of Wylie
Attn: Brandon Blythe, Fire Chief
2000 N. Hwy, 78
Wylie, Texas 75098
d. Entire
This Agreement represents the entire and integrated agreement between the parties
hereto and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by a written
instrument signed by both parties.
e. Venue and Grove in Law.
This Agreement and any of its terms or provisions, as well as the rights and duties
of the parties hereto, shall be governed by the laws of the State of Texas, and both
parties agree that venue shall be in Collin County,Texas.
f Binding-Effect.
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective heirs, executors, administrators, legal representatives, successors, and
assigns when permitted by this Agreement.
& 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
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1 0912612023 Item C.
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.
h. Severability-
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and
effect of the law, such decisions shall not affect the remaining portions of this
Agreement. However, upon the occurrence of such event, either party may
terminate this Agreement by giving the other party fifteen (15) days written notice
of its intent to terminate.
i. Amendments.
Wylie and Fairview may amend this Agreement only by an instrument in writing
signed by both parties.
j. MgltXiIe Counterparts.
This Agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes. An electronic mail and/or
facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
L Assi nme -
This Agreement is not assignable.
1. Immunity.
It is expressly understood and agreed that, in the execution and performance of this
Agreement, the parties have not waived, nor shall be deemed hereby to have
waived, any immunity, governmental, sovereign and/or official, or defense that
would otherwise be available to them against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties
do not create any obligations, express or implied, other than those set forth herein.
rn. Representations.
Each signatory represents that this Agreement has been read by the party for which
this Agreement is executed, and that each party has had an opportunity to confer
with counsel, on the matters contained herein.
n, PDaraftin X,,-Provisions,
This Agreement shall be deemed to have been drafted equally by all parties hereto.
The language of all parts of this Agreement shall be constructed as a whole
according to its fair and common 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 Agreement.
0. Independent Contractor,
Interlocal Agreement for Communications Center and Dispatch Services Page 6
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l
09126120231tem C.
Except as otherwise expressly provided herein, Fairviewand Wylie agree and
acknowledge that each entity is not an agent of the other entity and that each entity
is responsible for its own acts,forbearance, negligence and deeds,and for those of
its agents or employees in conjunction with the performance of work covered
under this Agreement.
P. No Third-Partv 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,
q. Records.
y entering into this Agreement,neither party is provided with any contractual right
of access to any records or information created,received,or maintained by the other
party unless expressly stated herein. Each party is independently responsible for
compliance with• any requests received pursuant to the 'Texas Public Information
Act, and any third-party seeking information generated or maintained by a party to
this Agreement should submit requests for such information directly to that party.
IN WITNESS WHEREOF, the parties have executed this agreement and caused this Agreement
to be effective when all the parties have signed it. The date this Agreement is signed by the last
party to sign it (as indicated by the date associated with that party's signature below) will be
deemed the effective date of this Agreement("Effective ate"),
T N T+Il , T S CITY LaIE,TEXAS
Julie ouch,Town Manager gent Parker, City Manager
Date. Date:
ATTEST: ATTEST:
?uaStevenson, To Secretary Stephanie Storm, City Secretary
APPROVED AS TO F AS TO FORM:
Clark McCoy Abernathy Roeder Boyd fir,Hullett,P.C.
Town Attorney Ryan D. Pittman,City Attorneys
tnterlocal Agreement for Communications Center and Dispatch Services Page 7
2462394
26
09126120231tem D.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Fire Account Code:
Prepared By: Fire—Brandon Blythe
Subject I
Consider, and act upon, Resolution No. 2023-20(R) authorizing the City Manager of the City of Wylie,Texas,to execute an
Interlocal Agreement by and between the City of Wylie and the City of Lucas for the performance of governmental functions
and service specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first
responder general fire services.
Recommendation
Motion to approve the Item as presented.
Discussion I
The City of Lucas shall provide and stay current on all necessary street, apparatus, and response information necessary for
dispatching information unique to the City of Lucas operations. Upon initial execution of the agreement, the City of Lucas
ill provide $92,110.52 within 30 days of the contract invoice date during the primary term and each renewal term. This
mount shall compensate Wylie for dispatch services provided during the first year of the primary term. For all subsequent
ears of the primary term and any renewals, the cost shall increase by the actual increased cost to Wylie for an entry-level
ispatcher in Wylie with an additional ten percent of the overall cost for administrative costs.There are additional expectations
f each city specifically noted in the ILA. A ninety-day notice of termination is required unless mutually agreed upon by both
ntities.
El
09126120231tem D.
RESOLUTION NO. 2023-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF WYLIE AND THE CITY OF LUCAS FOR THE PERFORMANCE
OF GOVERNMENTAL FUNCTIONS AND SERVICES; SPECIFICALLY,
EMERGENCY DISPATCH SERVICES ASSOCIATED WITH FIRE, RESCUE,
AND EMERGENCY MEDICAL SERVICES FIRST RESPONDER GENERAL
FIRE SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie,Texas,an Interlocal Agreement by and between the City of
Lucas and the City of Wylie, Texas for the performance of governmental functions and services,
specifically, emergency dispatch services associated with fire rescue, and emergency medical services first
responder general fire services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th
day of September, 2023.
Matthew Porter,Mayor
ATTEST TO:
Stephanie Storm., City Secretary
Resolution No. 2023-20(R)ILA for Communications Center&Dispatch Center(Lucas) Page 1 of 1
28
1 0912612023 Item D.
INTERLOCAL AGREEMENT FOR
COMMUNICATIONS CENTER AND DISPATCH SERVICES
This Interlocal Agreement for Communications Center and Dispatch Services
("A_gyreement") is entered into by and between the City of Wylie, Texas, a home-rule
municipality ("Wylie") and the City of Lucas, Texas, a home-rule municipality ("Lucas").
Wylie and Lucas are at times each referred to herein as a "party"or collectively as the "parties."
WHEREAS, Wylie has established a comprehensive regional public safety and public
service communications and dispatch center ("Communications Center"); and
WHEREAS, Wylie's Communications Center is equipped with radio, telephone and data
equipment and is designated as a 911 emergency communications Public Safety Answering Point
PSAP"); and
WHEREAS, Wylie currently has equipment and operator capacity above and beyond the
immediate needs of Wylie and has offered to make such equipment and operators available to
address the regional communications/dispatch needs for the purpose of local government/agency
communications; and
VV`HEREAS, Wylie has determined that it is in the best interests of the public to share its
communication facility, equipment and personnel capabilities with cities,towns,fire departments,
emergency medical care providers and other governmental entities in order to facilitate more
effective and efficient use of the Communications Center; and
WHEREAS, Lucas has requested that Wylie provide communications and dispatch
services to Lucas, and Wylie has agreed to provide such services under the terms and conditions
of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code
(otherwise known as the Interlocal Cooperation Act) and specifically Section 791.006(a) of the
Texas Government Code, as amended; and
WHEREAS, the provision of communications and dispatch services is a governmental
function that serves the public health and welfare and is of mutual concern to the parties; and
WHEREAS, Wylie and Lucas deem it to be in the best interest of both parties to enter into
this Agreement; and
WHEREAS, each party paying for the performance of governmental functions or services
is making those payments from current revenues available to the paying party and all payments
are in an amount that fairly compensates the performing party for the services or functions
performed under this Agreement.
NOW, THEREFORE,in consideration of the mutual covenants contained herein,Wylie
and Lucas hereby agree as follows:
Interlocal Agreement for Corniriunications Center and Dispatch Services Page 1
2474110
El
0912612023 Item D.
1. Performance of Services.
a. Wylie shall provide to Lucas, on a non-exclusive basis, communication and
dispatch services through its Communications Center for the following
emergencies: fire, medical, weather, hazardous materials and other general civil
emergencies (collectively, "Services"). In order to facilitate the Services, Lucas
shall provide to Wylie's communications personnel, on a continuing basis, all
necessary street, apparatus and response information, as well as all necessary
dispatching inforination unique to Lucas's operations.
b. Without waiving any governmental immunity to which it is entitled, Wylie
agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all Wylie employees and agents in connection with the performance of the
Services.
C. Without waiving any governmental immunity to which it is entitled, Lucas agrees
to and accepts full responsibility for the acts, negligence and/or omissions of all
Lucas employees and agents. It is also the responsibility of Lucas to ensure
that its use of the Communications Center conforms to all Federal
Communications Commission rules and regulations.
d. On an ongoing basis, Wylie and Lucas agree to provide complete and adequate
training to personnel selected by Lucas and/or Wylie in the use of the
Cornmunications Center.
e. It is specifically agreed and understood by the parties hereto that this
Agreement is permissive only and no property rights are granted hereunder.
f In the event Lucas or Wylie should fail to fulfill any of its obligations hereunder
or shall violate any municipal, county, state or federal law, the other party
shall have the option of terminating this Agreement by giving written notice of
such violation and intent to terminate thirty (30) days in advance of the effective
date of the termination.
g. Correspondence, comments,requests, and complaints regarding Services rendered
-under this Agreement shall be reduced to writing and forwarded to the persons
designated below. Failure to properly forward comments, requests, demands, and
complaints may be considered as sufficient cause to terminate this Agreement
under Section I(f)above.
h. The Services shall not arbitrarily be withheld, but it is understood by the parties
that unforeseen circumstances may arise which prevent Wylie from providing
Services at a particular time. It is recognized that Wylie has the duty and
responsibility of rendering Services to citizens of both Wylie and Lucas. In the
performance of the Services, Wylie shall have the sole responsibility and
discretion to eten-nine priorities in the dispatching and use of equipment and
personnel. In the event that Wylie determines that it cannot provide continuous
and uninterrupted Services to Lucas during the Primary Term of this Agreement
(and any Renewal Term), Wylie shall use its best efforts to promptly notify Lucas
of the interruption in provision of the Services and the estimated time until
►nterlocal Agreement for Communications Center and Dispatch Services Page 2
2474110
El
0912612023 Item D.
Services will be resumed.
® Term.
The to of this Agreement shall commence on October 1, 2023 and shall terminate one
(1) year thereafter ("Primary Tenn"), unless terminated earlier in accordance with this
Agreement.Upon the completion of the Primary Tenn,this Agreement shall automatically
renew for ten (10) successive one (1) year periods ("Renewal Terms"), unless terminated
earlier by either party in accordance with this Agreement.
3. Ternf at'
m_=
This Agreement may be terminated on the occurrence of either of the following:
a. Either party may terminate the Agreement by providing the other party written notice
of termination at least ninety (90) days prior to the anticipated date of termination;
or
b. Mutual agreement of termination of the Agreement, executed in writing by both
parties, without the requisite ninety (90) days prior written notice.
c. For cause, according to Section I(f), herein.
In the event of a termination (except for cause under I(f) and 3(c), herein), Wylie shall be
compensated on a pro-rata basis for all Services performed to the termination date. In the
event of termination, should Wylie be over-compensated on a pro-rata basis for all
Services performed to the termination date, Lucas shall be reimbursed on a pro-rata basis
for all such over-compensation. Receipt of payment and/or reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of this Agreement. At
the sole discretion of Wylie,this Agreement may be terminated or renegotiated in the event
Lucas annexes additional territory into its corporate limits and/or increases the area that
Lucas serves. Immediately upon the completion of any annexation proceedings, Lucas
shall notify Wylie of the annexation, in writing, and provide Wylie with a legal
description of the annexed area.
4. Co &n e sation.
m1 -
Lucas, out of current revenues available to it, shall pay to Wylie the amount of ninety-two
thousand one hundred ten and 52/100 dollars ($92,110.52) as compensation for Wylie's
provision of the Services during the Primary Term and each Renewal Term of this
Agreement, except as otherwise provided in this Section. Such amount is based upon the
costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement
("Compensation of"). Lucas shall pay the Compensation Amount to Wylie net 30
days of date on the invoice during the Primary Term and each Renewal Term of this
Agreement.
For any Renewal Term, the Compensation Amount shall be adjusted to an amount
equal to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level
dispatcher increased by any costs of living and/or average merit pay increases that are
budgeted for the upcoming fiscal year; (ii) such dispatcher's expected overtime pay;
and (iii) employee benefits normally provided to such a dispatcher position by Wylie that
are separate and apart from pay rate and overtime pay. During each Renewal Term,
Interlocal Agreement for Communications Center and Dispatch Services Page 3
2474110
31
l
1 0912612023 Item D.
Lucas shall pay to Wylie an annual fee, in addition tote Compensation Amount, for
administrative services in the amount of ten percent(10%)of the Compensation Amount.
The formula for determining the Compensation Amount shall be reviewed by Wylie and
Lucas during each Renewal Tenn of this Agreement for possible adjustments, but Wylie
shall have the final determination as to the Compensation Amount for each successive
to of this Agreement.
So that Wylie and all entities or agencies participating in the Communications Center may
have projected cost estimates in advance of the normal municipal budgeting cycle, Wylie
shall evaluate and determine the estimated cost for participation for the next fiscal
year with this estimate to include the annual service fees and rate increases, based on this
annual review, to be determined by Wylie prior to April I st of each year and shall be
effective for Services received after October Ist, the beginning of a new fiscal year
for Wylie of each year. Wylie shall notify Lucas of any rate increases for Services
performed or in the annual service fee by certified mail, mailed to the person designated
in this Agreement to receive such notices,on or before April I st of each year. To the extent
that the total amount of any such increases communicated by Wylie, including both the
Compensation Amount and the ten percent (10%) fee for administrative services, would
be in excess of fifteen percent (15%) of the full amount of Lucas's payment due for the
then-current term, Lucas may, at its discretion, elect to terminate this Agreement by
providing Wylie written notice of termination at least ninety (90) days before the start
of the successive Renewal Term. In such an event, this Agreement shall be deemed to
terminate immediately before said Renewal Term would have commenced and the parties
shall have no further obligations under this Agreement.
The Compensation Amount due for any to of this Agreement shall be prorated in the
event a party elects to terminate this Agreement in accordance with the to of this
Agreement prior to the expiration of the then-current term.
Notwithstanding anything to the contrary in this Agreement and in addition to the
Compensation Amount and any other fees required under this Agreement, Lucas shall
pay all expenses for operation and maintenance of any equipment of facilities installed
and operated at the Communications Center for the use of Lucas. Radio equipment
transmitting on frequencies used by Lucas or its service area is an example of the
types of equipment or facilities that fall into this category for determination of costs.
5. _MLscellaneous Provisions.
a. Consideration.
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.
b. lLnd�emriity%
To the extent permitted by law and without waiving any governmental immunity
to which Lucas is entitled, Lucas shall defend, release, indemnify and hold
harmless Wylie, its officers, agents, servants, representatives and/or employees of
and from any and all claims, suits, actions, legal proceedings, demands, damages
or judgments, including all expenses, attorney fees, witness fees, costs, and costs
and expenses of appeals therefrom, arising out of Lucas's perfon-nance of this
Interlocal Agreement for Communications Center and Dispatch Services Page 4
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32
l
1 0912612023 Item D.
agreement, including, but not limited to, the intentional or negligent acts and/or
omissions of Lucas,its officers,agents,servants,representatives and/or employees,
and regardless of the joint or concurrent negligence of Wylie, its officers, agents,
servants, representatives and/or employees, this paragraph shall survive
ten-nination of this agreement.
C. Notice.
Any notice provided or permitted to be given 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 be delivered 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 notification, the addresses of the parties shall be as
follows:
If to Lucas, to: City of Lucas
Attn: Joni Clarke, City Manager
665 Country Club Road
Lucas, Texas 75002
If to Wylie, to: City of Wylie
Attn: Brandon Blythe, Fire Chief
2000 N. Hwy. 78
Wylie, Texas 75098
d. Entire-Agreement.
This Agreement represents the entire and integrated agreement between the parties
hereto and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by a written
instrument signed by both parties.
e. Venue and Goyqpjjn Law.
This Agreement and any of its terms or provisions, as well as the rights and duties
of the parties hereto, shall be governed by the laws of the State of Texas, and both
parties agree that venue shall be in Collin County,Texas.
f. Bindina Effect.
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective heirs, executors, administrators, legal representatives, successors, and
assigns when permitted by this Agreement.
12. 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
Iriterlocal Agreement for Communications Center and Dispatch Services Page 5
2474110
1 0912612023 Item D.
be an authorized and binding agreement on the party for who 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.
h. Severability.
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and
effect of the law, such decisions shall not affect the remaining portions of this
Agreement. However, upon the occurrence of such event, either party may
terminate this Agreement by giving the other party fifteen (15) days written notice
of its intent to terminate.
i. Amendments.
Wylie and Lucas may amend this Agreement only by an instrument in writing
signed by both parties.
i. Multi-)le Counter
This Agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes. An electronic mail and/or
facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
k. Assigginet.
This Agreement is not assignable.
1. IMMU—MV-
It is expressly understood and agreed that, in the execution and performance
of this Agreement, the parties have not waived, nor shall be deemed hereby to have
waived, any immunity, governmental, sovereign and/or official, or defense that
would otherwise be available to them against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties
do not create any obligations, express or implied,other than those set forth herein.
M. Representations.
Each signatory represents that this Agreement has been read by the party for which
this Agreement is executed, and that each party has had an opportunity to confer
with counsel, on the matters contained herein.
n. Drafting Provisions.
This Agreement shall be deemed to have been drafted equally by all parties hereto.
The language of all parts of this Agreement shall be constructed as a whole
according to its fair and common 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 Agreement.
Interlocal Agreement for Communications Center and Dispatch Services Page 6
2474110
34
1 0912612023 Item D.
0. Independent Contractor.
Except as otherwise expressly provided herein, Lucas and Wylie agree and
acknowledge that each entity is not an agent of the other entity and that each entity
is responsible for its own acts, forbearance, negligence and deeds, and for
those of its agents or employees in conjunction with the performance of work
covered under this Agreement.
p- No Third-Part`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.
q- Records.
By entering into this Agreement, neither party is provided with any contractual
right of access to any records or information created, received, or maintained
by the other party unless expressly stated herein. Each party is independently
responsible for compliance with- any requests received pursuant to the Texas
Public Information Act, and any third-party seeking information generated or
maintained by a party to this Agreement should submit requests for such
information directly to that party.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement
to be effective when all the parties have signed it. The date this Agreement is signed by the
last party to sign it (as indicated by the date associated with that party's signature below) will
be deemed the effective date of this Agreement ("Effective Date"),
K 1
v 0 o LUCAS EXAS CITY OF WYLIE, TEXAS r S
4",
Joni C.Viake, City lanager Brent Parker, City Manager
Dater' Date:
ATTEST: ATTEST:
T hia Kimball, City Stephanie Storm, City Secretary
os Secretary
APPROVED AST FORM: APPROVED AST FORM:
Joe Gorfida Jr. Abernathy Roeder Boyd&Hullett,P.C.
City Attorney Ryan D. Pittman, City Attorneys
Interlocal Agreement for Communications Center and Dispatch Services Page 7
2474110
09/26/2023 Item E.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Engineering Account Code:
Prepared By: Tim Porter
Subject
Consider, and act upon, Ordinance No. 2023-44 of the City of Wylie, Texas, amending Wylie's Code of Ordinances,
Ordinance No. 2021-17, as amended, Appendix A — Comprehensive Fee Schedule, Article IV (Engineering Fees),
amending Section D (Engineering Inspections Fees)regarding the updating of fees in response to the implementation of
House Bill 3492;providing for repealing,savings and severability clauses;providing for an effective date of this ordinance;
and providing for the publication of the caption hereof.
Recommendation I
Motion to approve the Item as presented.
Texas Local Government Code, §212.906, effective September 1, 2023, prohibits a city from considering the cost of
constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining
he amount of a fee assessed by the city for an application,review, engineering,inspection,acceptance,administrative,or
other fee imposed by the city related to the acceptance,review, or processing of engineering or construction plans or for
he inspection of improvements for construction of a subdivision or lot or a related improvement associated with or
required in conjunction with that construction.
Previously, the City used a percentage of construction costs to calculate inspection fees (4%). With the passing of HB
3492, the City now proposes to use a cost-per-unit item based on actual inspection costs afforded by the City for
construction inspections of projects. Staff used the amount paid to our inspection staff(including fringe benefits) and
divided it by an average of four (4) years of inspection quantity data. Additionally, calculations consider time on CIP
projects versus development projects (30% and 70%respectively), as well as how much time is spent inspecting each of
he drainage,paving,water,and sewer elements on projects(20%, 60%, 10%, and 10%respectively).
The new fee calculations are below. Contractors are required to give City staff the quantities anticipated for construction
in each of the categories. Fees will be calculated using the per unit costs.
Inspection Fees for Public Improvements on Projects:
• Length of Public Storm Sewer Pipe or Culvert Installation-$4.86 per Linear Foot(LF)
• Area of Public Pavement,Including Sidewalks - $2.72 per Square Yard(SY)
• Length of Public Water Main Installation-$4.40 per Linear Foot(LF)
• Length of Public Sanitary Sewer Installation -$1.66 per Liner Foot(LF)
City Staff requests approval of this new method of calculating fees and the amendment of the ordinance.This methodology
agrees with what some other local municipalities are proposing for their updates this year.
36
09/26/2023 Item E.
ORDINANCE NO. 2023-44
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S
CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED,
APPENDIX A — COMPREHENSIVE FEE SCHEDULE, ARTICLE IV
(ENGINEERING FEES), AMENDING SECTION D (ENGINEERING
INSPECTION FEES) REGARDING THE UPDATING OF FEES IN RESPONSE
TO THE IMPLEMENTATION OF HOUSE BILL 3492; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, Texas Local Government Code, §212.906, effective September 1, 2023,prohibits a
city from considering the cost of constructing or improving the public infrastructure for a subdivision, lot,
or related property development in determining the amount of a fee assessed by the city for an application,
review, engineering, inspection, acceptance, administrative, or other fee imposed by the city related to the
acceptance, review, or processing of engineering or construction plans or for the inspection of
improvements for construction of a subdivision or lot or a related improvement associated with or required
in conjunction with that construction; and
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") finds it is necessary and in
the public interest to adopt this Ordinance for the purpose amending Wylie's Engineering Inspection Fees
to conform to the above amendment to state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Appendix A (Wylie Comprehensive Fee Schedule), Article IV
(Engineering _Fees), Section D (Engineering eering Inspection Fees) of the Wylie Code of Ordinances. Appendix
A(Comprehensive Fee Schedule),Article IV(Engineering Fees), Section D(Engineering Inspection Fees)
of the Code of Ordinances is hereby amended as follows:
"APPENDIX A
WYLIE COMPREHENSIVE FEE SCHEDULE
D. Engineering Inspection Fees. Each project shall be charged an engineering inspection fee. The fee shall
be in accordance with the table below and shall apply to any public work utilities improvements and paving
improvements which are to be dedicated to the City of Wylie,Texas,or designated as public improvements.
Such items shall include,but not be limited to: street paving, sidewalk, storm drainage,water mains, sewer
mains, commercial parking areas, and other items designated for conveyance to the city after completion
of improvements through the process of public dedication. These fees shall be paid prior to the start of
construction and the basis of fees must be supported by engineer certification of the summary of quantities
for each element of the public improvement category(storm,paving, water, and sewer) from the approved
construction plans.
Ordinance No. 2023-44 Engineering Inspection Fees Page 1 of 2
El
09/26/2023 Item E.
Inspection Fees for Public Improvements on Projects:
Length of Public Storm Sewer Pipe or Culvert Installation - $4.86 per Linear Foot(LF)
Area of Public Pavement, Including Sidewalks -$2.72 per Square Yard(SY)
Length of Public Water Main Installation-$4.40 per Linear Foot(LF)
Length of Public Sanitary Sewer Installation- $1.66 per Liner Foot(LF)
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie
hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall be effective upon its passage and publication
as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this
26th day of September, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Date of Publication: October 4, 2023 in The Wylie News
Ordinance No. 2023-44 Engineering Inspection Fees Page 2 of 2
El
09/26/2023 Item F.
fN Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Engineering Account Code: 415
Prepared By: Tim Porter
Subject
Consider,and act upon,Resolution No.2023-21(R)authorizing the City Manager of the City of Wylie to execute the Interlocal
Agreement between Collin County, Texas, and the City of Wylie, Texas concerning the construction of E. FM 544 (Stone
Road)from Alfred Drive to County Line Road Bond Project#RI07092.
7motionto approve the Item as presented.
Discussion %
Construction of FM 544 from Alfred Drive to Country Club Road was approved for construction by the City Council on
September 12,2023. In 2008 Collin County approved Bond funds for the subject roadway project. This Interlocal Agreement
(ILA) encumbers the funds with the County and provides details on the distribution of the remaining Bond funds for this
project(#RI07092)to the City of Wylie.
Staff recommends approval of this ILA. Upon execution, the document will be sent to Collin County for execution.
El
09/26/2023 Item F.
RESOLUTION NO. 2023-21(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE TO
EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY,
TEXAS, AND THE CITY OF WYLIE, TEXAS CONCERNING THE
CONSTRUCTION OF E. FM 544 (STONE ROAD) FROM ALFRED DRIVE TO
COUNTY LINE ROAD,BOND PROJECT#RI07092.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, the Interlocal Agreement between Collin County, Texas,
and the City of Wylie,Texas concerning the construction of E.FM 544 (Stone Road) from Alfred Drive to
County Line Road,Bond Project#RI07092. See Exhibit"A" -Interlocal Agreement.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th
day of September, 2023.
Matthew Porter,Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No. 2023-21(R)ILA with Collin County for E.FM 544 Page 1 of 2
40
09/26/2023 Item F.
EXHIBIT "A"
Interlocal Agreement
Resolution No. 2023-2I(R)ILA with Collin County for E.FM 544 Page 2 of 2
El
09/26/2023 Item F.
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR THE CONSTRUCTION OF E FM 544(STONE ROAD)FROM ALFRED DRIVE TO
COUNTY LINE ROAD BOND PROJECT#RI07092
WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an
agreement("Agreement")concerning the construction of E FM 544(Stone Road)and other improvements from Alfred
Drive to County Line Road in Collin County("Project")in Wylie,Collin County,Texas;and
WHEREAS,the Interlocal Cooperation Act(Texas Government Code Chapter 791)authorizes any local government
to contract with one or more local governments to perform governmental functions and services under the terms of
the Act;and
WHEREAS,the City and County have determined that the improvements may be constructed most economically by
implementing this Agreement; and
WHEREAS, the 2007 Bond program allocated a total of$5,021,250 to the City of Wylie's project#07-092, Stone
Road from Akin Lane to County Line Road;and
WHEREAS,on October 15,2008 a(2008 FUNDING)Interlocal Agreement in the amount of$500,000 was approved
for engineering services(CO#2008-862-1014);and
WHEREAS, on May 14, 2012, a Project reduction in the amount of$500,000 was approved for the purpose of
maintenance of mutual boundary roads, Court Order #2012-302-05-14, leaving $4,021,250 to be encumbered for
construction.
NOW,THEREFORE,this Agreement is made and entered into by the County and the City upon and for the mutual
consideration stated herein.
WITNESSETH:
ARTICLE I.
The City shall arrange to construct improvements to E FM 544 (Stone Road) from Alfred Drive to County
Line Road(the"Project"). The Project shall consist of constructing a 4-lane divided concrete roadway a distance of
approximately 10,000 feet.The improvements will also include construction of underground utilities and storm sewer
as part of the road improvements. All improvements shall be designed to meet or exceed the City's roadway design
standards and criteria and shall be constructed in accordance with the plans and specifications approved by the City.
ARTICLE II.
The City shall prepare plans and specifications for the improvements, accept bids, and award a contract to
construct the improvements and administer the construction contract. In all such activities,the City shall comply with
all statutory requirements applicable to a municipal public work project. The City shall provide the County with a
copy of the executed design and construction contract(s)for the Project. Changes to the Project,other than what was
submitted for the initial project ranking or which alter the initial funding set forth in Article IV,must be reviewed and
approved by Collin County.
ARTICLE I11.
The City shall also acquire real property in the vicinity of the improvements for use as right-of-way or
easements in connection with the Project.
ARTICLE IV.
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#RI07092) Page 1
El
09/26/2023 Item F.
For the 2007 Bond Program, the City estimated the total actual cost of the Project to be $10,042,500
("Estimated Project Cost"). The County agrees to continued participation in the Project by allocating an additional
$4,021,250 (the "County Participation Amount") to the performance of the Project. The County shall remit one
hundred percent(100%)of the County Participation Amount to the City within thirty(30)days after the City receives
bids for the construction of the Project and the City submits a written request for payment to the County.
As used herein, the terms "Estimated Project Cost" and "Actual Project Cost" may include land acquisition,
engineering, construction, inspection, testing, street lighting, and construction administration costs including
contingencies.
ARTICLE V.
The County's participation in the Project for this agreement, shall not exceed four million, twenty-one
thousand,two hundred fifty dollars($4,021,250).
ARTICLE VI.
The City shall also provide quarterly progress reports throughout the Project as well as before,during,
and after photos during the construction process,in electronic format or via US mail to the Collin County Engineering
Department. Following completion of the Project, the City shall provide an itemized final accounting of
expenditures for the Project.
ARTICLE VII.
The City and County agree that the party paying for the performance of governmental functions or services
shall make those payments only from current revenues legally available to the paying party.
ARTICLE VIII.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO
RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,
AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR
INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY
OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR
RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS
NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS,
EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN
CONNECTION WITH PERFORMING THIS AGREEMENT.
ARTICLE IX.
VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and
that exclusive venue shall lie in Collin County,Texas.
ARTICLE X.
SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision,
sentence,clause,or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary
to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the
Agreement shall be enforced as if the invalid provision had never been included.
ARTICLE XI.
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#R107092) Page 2
2
09/26/2023 Item F.
ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only
be modified in writing executed by both parties.
ARTICLE XII.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,their successors,
heirs,personal representatives,and assigns. Neither party will assign or transfer an interest in this Agreement without
the written consent of the other party.
ARTICLE XIII.
IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party
waives,nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the
parties do not create any obligations,express or implied other than those set forth herein,and this Agreement shall not
create any rights in parties not signatories hereto.
ARTICLE XIV.
EXPENSES FOR ENFORCEMENT. In the event either Party hereto is required to employ an attorney to
enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions
hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs
incurred in connection with such enforcement,including collection.
ARTICLE XV.
FORCE MAJEURE. No party shall be liable or responsible to the other party, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement,when and to the extent such failure or delay is caused by or results from acts beyond the affected party's
reasonable control,including,without limitation:acts of God;flood,fire or explosion;war,invasion,riot or other civil
unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional
emergency (each of the foregoing, a "Force Majeure Event"). A party whose performance is affected by a Force
Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue
and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
ARTICLE XVI.
TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect
annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period.
[Signature page follows.]
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#R107092) Page 3
44 ,
09/26/2023 Item F.
APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS
By: By:
Name: Name: Chris Hill
Title: Title: County Judge
Date: Date:
Executed on this day of
20,by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST: CITY OF ,TEXAS
By: By:
Name: Stephanie Storm Name: Brent Parker
Title: City Secretary Title: City Manager
Date: Date:
Executed on behalf of the City of
Wylie,Texas pursuant to City Council
Resolution No.2023-21(R)
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#R107092) Page 4
45
09/26/2023 Item G.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Parks and Recreation Account Code:
Prepared By: Janet Pieper
Subject
Consider, and act upon, approval of the December 2, 2023 Jingle Bell Jog 5K and Fun Run/Walk event at Founders Park.
Recommendation
[Motion to approve the Item as presented.
This is a repeat event hosted by the Wally W.Watkins PTA,a non-profit group.The PTA representative,Brittney Williamson,
submitted a Non-Profit Park Event Application requesting to host the 5K and fun run/walk at Founders Park. They plan to sell
participant registrations, food, and beverages provided by the applicant and three outside food vendors. The goal is to raise
funds for their school, kick off the holiday season, and promote lifestyles for students and families. 500 people are expected
o attend the event. The Wylie Youth Soccer Association is aware of the event,which will not interfere with league use.
as
09/26/2023 Item G.
IAI C-ITY OF
f'N WYLIE
Parks$Recreation Department
300 Country Club Rd, Building 100
Wylie,TX 75098
972-516-6340 1 Parks@wylietexas.gov
Non-Profit Park Event Application
Please note that this application is NOT required in order to reserve a pavilion or gazebo for typical,private group
parties,meetings,reunions,or family events,It is also NOT required to reserve an athletic field for Practices or
pick up games;instead click on the following link to make a
reservation:https./fanc.apm.activecomrrmunities.com/wylie
Submission of this Non-Profit Park Event Application is required for special public non-profit events, 5Klfun runs,
fundraisers, events with food andlor merchandise vendors, and all events wherein items will be sold. This form is reviewed
by staff for approval prior to the requested event and must be submitted a minimum of twelve weeks in advance, and no
sooner than 6 months prior to the event date being requested.
After City staff reviews the application, a Non-Profit Park Event Application may be considered for recommendation of
approval by the Wylie Parks and Recreation Board, with the final review for approval completed by Wylie City Council if
staff finds that:
Priority use is given to City Events and private rentals;
All fees have been paid;
® The event does not:
a, Conflict or compete with another approved non-City event, in consideration of event size,location, expected
attendance, etc., as determined by staff;
b. Conflict or compete with City events and programs, as determined by staff(no car shows permitted 30 days
prior to or 14 days after the City-sponsored Bluegrass on Ballard event);
c.Present an unreasonable danger to health or safety;
d. Cause loss or damage to City property;
e. Interfere with or place a burden on Public Safety services;
f, Interrupt the safe and orderly movement of pedestrians and vehicles.
® For events including food items, applicant provides documentation from the Collin County Environmental Services
indicating whether or not a Food ServiceMealth permit is required for the event. This includes all food items:sold,
free, food trucks, catering, homemade,prepackaged, etc,;
a, Please contact the Environmental Services Specialist at 972-548-5528 or 972-548-5585, The Collin County
website is www.collincountytx.gov for further information.
b. If permit is required by Environmental Services,provide staff with a list of all planned food vendors and a
copy of their current Collin County Food Service/Health permit, or intent to receive a Temporary/Short-Term
Event Food ServicelHealth Permit.
® There will be adequate sanitation available in or adjacent to the event, in addition to the City facilities as deemed
necessary,y,such as port-a-lets, wash stations, and other required health facilities.
The event is not being conducted for unlawful or discriminatory purposes. The event is in adherence to all Parks and
Recreation rules and City Ordinances,
Please call the Parks and Recreation Department at 972-516-6340,prompt 1,if you have any questions pertaining to the
Park Event Application.
Applicant Information
El
0912612023 Item G.
Name of Organization* Website
Wally W Watkins PTA
Please upload 501c3 Documents
Are you a non profit?* Tax Exe rn pti onCertificate-2021- 89,71 KB
Yes No 2022.pdf
Contact Information
Primary Contact Name*
Brittney Williamson
Event Information
Event Name/Title*
Jingle Bell Jog 5K&Fun Run/Walk
Event"Type
5k/Walk
Purpose of event*
Fundraising 5K&Fun Run/Walk
Event Location*
Founders Park 851 Hensley Lane
Proposed Event Date* Alternative Event Date*
12/02/2023 12/16/2023
Start Time* End Time*
05:00:00 AM 01:00:00 PM
Include SetUp Include Cleanup
Do you plan to sell items of any kind?
example:dainlks,food Items,t-shirts,snow cones,membershIps,registrations etc.
Yes No
Please specify all items you plan to sell
Day of Registration; Food and Beverages
Will there be food items provided?
Yes No
Please specify the types of food items to be provided
Cookies, Hot Cocoa;Coffee; Breakfast Foods
Who is providing the food?
Applicant
Food Vendor
Other Both Applicant&Food Vendor
09/26/2023 Item G.
Anticipated number of participating Vendors* Anticipated Event Attendance*
3 500
Event Target Audience*
Wylie Community
Event Details'
Wally Watkins Annual 5k<&Fun Run/Walk to kick off the holiday season and promote healthy lifestyles for
our students and families.
Event Announcement and/or Flyers
JBJ 2T EVENT FLYER.pdf 1.581`08
Signature
Date
y ed 08/18/2023
49
u4 6
» 09/26/2023 Item G.
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Check in begins at Tarn;
Fun kun/ Walk begins at Sam
5K begins at 8:30am ' -:
09126120231tem H.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Finance Account Code:
Prepared By: Melissa Brown
Subject
Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2023.
Recommendation I
Motion to approve the Item as presented.
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
El
09126120231tem H.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
08/31/2023
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67%
ACCOUNT DESCRIPTION 2022-2023 2022-2023 2022-2023 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 37,234,844 977,571 35,702,184 95.88% A
FRANCHISE FEES 2,802,400 162,726 2,586,225 92.29%
LICENSES AND PERMITS 1,442,750 213,479 1,316,340 91.24%
INTERGOVERNMENTAL REV. 8,528,660 6,648,086 8,352,902 97.94%
SERVICE FEES 4,338,970 421,189 3,804,941 87.69% B
COURTFEES 339,000 22,968 288,174 85.01% C
INTEREST INCOME 60,000 115,187 1,278,109 2130.18% D
MISCELLANEOUS INCOME 259,156 105,241 277,660 107.14%
OTHER FINANCING SOURCES 2,852,400 43,621 3,109,379 109.01% E
REVENUES 57,858,180 8,710,068 56,715,914 98.03%
USE OF FUND BALANCE 0 0 0 0.00%
USE OF CARRY-FORWARD FUNDS 1,711,613 NA NA NA F
TOTAL REVENUES 59,569,793 8,710,068 56,715,914 95.21%
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 95,279 5,600 48,028 50.41%
CITY MANAGER 1,298,947 94,529 1,103,562 84.96%
CITY SECRETARY 354,083 26,733 273,217 77.16%
CITY ATTORNEY 170,000 14,494 130,911 77.01%
FINANCE 1,363,432 64,583 1,101,710 80.80%
FACILITIES 1,111,013 94,952 792,410 71.32%
MUNICIPAL COURT 551,921 48,181 439,818 79.69%
HUMAN RESOURCES 836,388 54,492 730,279 87.31%
PURCHASING 294,695 23,004 248,061 84.18%
INFORMATION TECHNOLOGY 2,243,162 88,837 1,900,999 84.75%
POLICE 13,577,617 989,076 11,753,525 86.57%
FIRE 13,511,975 994,235 11,264,710 83.37%
EMERGENCY COMMUNICATIONS 2,424,317 113,159 1,862,108 76.81%
ANIMAL CONTROL 736,445 55,477 574,572 78.02%
PLANNING 363,226 26,427 303,762 83.63%
BUILDING INSPECTION 516,490 37,794 383,480 74.25%
CODE ENFORCEMENT 262,424 18,941 198,093 75.49%
STREETS 5,497,478 442,291 3,376,285 61.42% G
PARKS 2,715,470 275,038 2,058,541 75.81%
LIBRARY 2,347,607 175,020 2,044,573 87.09%
COMBINED SERVICES 16,623,921 6,437,481 15,331,113 92.22% H
TOTAL EXPENDITURES 66,895,890 10,080,344 55,919,757 83.59%
REVENUES OVER!UNDER EXPENDITURES -7,326,097 -1,370,276 796,158 11.62%
A.Property Tax Collections for FY22-23 as of August 31,2023 are 99.61%,in comparison to FY21-22 for the same time period of 99.47%. Sales tax is on a 2
month lag and nine months have been received and fiscal year to date is 10.34%higher than last year.
B.Service Fees:Trash fees are on a one month lag and only ten months have been received.The remaining fees are from other seasonal fees.
C.Court Fees continue to increase and are up 1%from August YTD 2023.
D.Interest Rates have gone from 1%when the budget was prepared to 5.3%in August 2023.Interest was budgeted conservatively.
E.Yearly transfer from Utility Fund.Also includes miscellaneous insurance recoveries and$171,450 transfer from Hotel Occupancy Tax Fund for soccer
tournament expenses.
F.Largest Carry Forward items:$150,000 for Department Software Solution,$217,000 for advance vehicle replacements,$338,840 for ambulance,$390,000 for
Stone Road Rehab.
G.The Hensley/Woodbridge signal for$600,000 has been partially encumbered.
H.The$6 million transfer for Stone Road Improvement was transferred to a capital fund and$6,099,649 in excess fund balance was transferred to a capital fund
for FM544 construction.
62
09126120231tem H.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
August 31,2023
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67%
ACCOUNT DESCRIPTION 2022-2023 2022-2023 2022-2023 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 25,933,619 3,091,114 22,835,804 88.05% 1
INTEREST INCOME 24,000 92,056 756,586 3152.44% J
MISCELLANEOUS INCOME 70,000 2,120 116,063 165.80%
OTHER FINANCING SOURCES 1,000 0 1,000 0.00%
REVENUES 26,028,619 3,185,290 23,709,453 91.09%
USE OF FUND BALANCE 0 NA 0 0
USE OF CARRY-FORWARD FUNDS 2,276,241 NA NA NA K
TOTAL REVENUES 28,304,860 NA 23,709,453 83.76%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 634,180 19,450 374,015 58.98%
UTILITIES-WATER 4,401,342 152,058 2,521,598 57.29%
CITY ENGINEER 1,120,418 73,913 729,083 65.07%
UTILITIES-SEWER 1,210,378 86,532 851,679 70.36%
UTILITY BILLING 1,287,416 101,030 1,046,064 81.25%
COMBINED SERVICES 18,380,749 1,309,366 16,439,642 89.44% L
TOTAL EXPENDITURES 27,034,483 1,742,350 21,962,081 81.24%
REVENUES OVER/(UNDER EXPENDITURES 1,270,376 1,442,940 1,747,371 2.53%
I.Most Utility Fund Revenue is on a one month lag and only ten months have been received.
J.Interest Rates have gone from 1%when the budget was prepared to 5.3%in August 2023.Interest was budgeted conservatively.
K.Largest Carry Forward items: Department Software Solutions$135,730,Pump Station Backup Generators$1.6M,Newport Harbor Tank Repairs$130,000 and
TXDOT payment$260,172.
L.Annual transfer to the General Fund of$2.56 million. Other expenses are payments to NTMWD for water minimum and sewer treatment and February debt
payment
El
09/26/2023 Item I.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Finance Account Code:
Prepared By: Melissa Brown
Subject
Consider, and place on file,the City of Wylie Monthly Investment Report for August 31,2023.
Recommendation
Motion to approve the Item as presented.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
09/26/2023 Item I.
City Of Wylie
2022-2023 Investment Report
August 31, 2023
Money Market Accounts: MMA
Certificates of Deposit: CCD
Treasury Bills: T-Bills
Treasury Notes: T-Notes
Government Agency Notes: AN
Invest. Principal Type Of Interest Purchase Maturity
Number Amount Securi Rate Issuer Date Date
1 $16,157,541.76 MMA 5.3047% Tex pool 12/31/2006 NA
2 $16,721,756.05 MMA 5.2974% TexStar 3/15/2011 NA
$32.879,297.81
Total
Weighted Average Coupon: 5.3010% Money Markets. $32,879,297.81
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$32, 79,297.81
Weighted Average Coupon
4.0000%
2.0000%
0.0000%
Aug 2022 Sep 2022 Oct 2022 Nov 2022 Dec 2022 Jan 2023 Feb 2023 Mar 2023 Apr 2023 May 2023 June 2023 July 2023 August 2023
a
- -
Finance Director/Investment Officer
El
09126120231tem J.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: WEDC Account Code:
Prepared By: Jason Greiner
Subject I
F
sider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation
August 31, 2023.
Recommendation
Motion to approve the Item as presented.
Discussion I
The Wylie Economic Development Corporation(WEDC)Board of Directors approved the attached financials on September
0, 2023.
El
1 0912612023 Item J.
WYLIEECONOMIC
DEVELOPMENT August Rev/Exp Report
Account Summary
For Fiscal: 2022-2023 Period Ending: 08/31/2023
Variance
Original Current Period Fiscal Favorable Percent
Total Budget Total Budget Activity Activity (Unfavorable) Remaining
Fund:111-WYLIE ECONOMIC DEVEL CORP
Revenue
111400040210 SALES TAX 4,124,241.00 4,124,241.00 448,253.70 3,403,753.41 -720,487.59 17.47%
11._1 4007 43518 380 ECONOMIC AGREEMENTS 0.00 0.00 0.00 279,047.05 279,047.05 0.00%
111400046110 ALLOCATED INTEREST EARNINGS 6,000.00 6,000.00 40,970.45 341,618.09 335,618.09 5,693.63%
11-1400048110 RENTAL INCOME 134,220.00 134,220.00 16,300.00 107,607.68 -26,612.32 19.83%
111400048410 MISCELLANEOUS INCOME 0.00 0.00 0.00 1,000.00 1,000.00 0.00%
111 4000 48430 GAIN/(LOSS)SALE OF CAP ASSETS 3,915,685.00 3,915,685.00 0.00 -24,603.10 -3,940,288.10 100.63%
Revenue Total: 8,180,146.00 8,180,146.00 505,524.15 4,108,423.13 -4,071,722.87 49.78%
Expense
-111 56.1151110 SALARIES 310,346.40 310,346.40 26,368.91 298,137.38 12,209.02 3.93%
OVERTIME 0.00 0.00 0.00 2,811.98 -2,811.98 0.00%
111 5611 51140
LONGEVITY PAY 914.00 914.00 0.00 916.00 -2.00 -0.22%
111 561.1 5_1310 TIVIRS 48,245.30 48,245.30 3,839.19 46,754.55 1,490.75 3.09%
111 5611 51410
-- ---- ---- ----------- HOSPITAL&LIFE INSURANCE 51,987.17 51,987.17 4,161.29 45,838.50 6,148.67 11.83%
111 51420
-- ._._5- -611__.- LONG-TERM DISABILITY 1,768.97 1,768.97 58.50 562.48 1,206.49 68.20%
1115611 51440
FICA 19,298.12 19,298.12 1,503.62 17,417.45 1,880.67 9.75%
1115611 51450
MEDICARE 4,513.27 4,513.27 351.64 4,073.42 439.85 9.75%
111561151470
-- ---------------------------- WORKERS COMP PREMIUM 854.85 1,089.21 0.00 1,088.89 0.32 0.03%
1115611 51480
-- ------------------------- UNEMPLOYMENT COMP(TWC) 1,080.00 1,080.00 1.60 37.58 1,042.42 96.52%
111561152010
-- -------------------------- OFFICE SUPPLIES 5,000.00 5,000.00 1,739.10 4,114.89 885.11 17.70%
1115611 52040
-- --------------------___. POSTAGE&FREIGHT 300.00 300.00 25.05 237.95 62.05 20.68%
1115611 52810
-- ------------------------- FOOD SUPPLIES 3,000.00 3,000.00 256.74 2,211.22 788.78 26.29%
1115611 54610
-- -------------------------- FURNITURE&FIXTURES 2,500.00 2,500.00 0.00 0.00 2,500.00 100.00%
1115611 54810
-- ------------------------- COMPUTER HARD/SOFTWARE 7,650.00 7,650.00 0.00 1,975.00 5,675.00 74.18%
1115611 56030
-- -------------------_.__ INCENTIVES 3,209,183.00 1,209,183.00 0.00 584,377.51 624,805.49 51.67%
1115611 56040
-- -------------------------- SPECIAL SERVICES 34,770.00 34,620.00 252.50 11,914.33 22,705.67 65.59%
1115611 56041
-- ------------------------ SPECIAL SERVICES-REAL ESTATE 276,300.00 276,300.00 195,853.22 270,449.93 5,850.07 2.12%
1115611 56042
-- ------------------------ SPECIAL SERVICES-INFRASTRUCTURE 8,375,000.00 9,875,000.00 0.00 9,281.46 9,865,718.54 99.91%
111561156080
-- ------------------------- ADVERTISING 129,100.00 129,100.00 13,578.88 117,602.31 11,497.69 8.91%
1115611 56090
-- ------------------------ COMMUNITY DEVELOPMENT 54,950.00 54,950.00 166.30 49,770.42 5,179.58 9.43%
1115611 56110
-- ----------------------- COMMUNICATIONS 7,900.00 7,900.00 486.55 4,695.16 3,204.84 40.57%
1115611 56180
-- ------------------------ RENTAL 27,000.00 27,000.00 2,250.00 24,750.00 2,250.00 8.33%
1115611 56210
-- ----------------------- TRAVEL&TRAINING 73,000.00 73,000.00 5,349.54 55,629.49 17,370.51 23.80%
1115611 56250
-- ----------------------- DUES&SUBSCRIPTIONS 57,824.00 57,824.00 771.05 50,902.77 6,921.23 11.97%
111561156310
-- ------------------------- INSURANCE 6,303.00 6,453.00 0.00 6,449.31 3.69 0.06%
1115611 56510
-- ------------------------ AUDIT&LEGAL SERVICES 23,000.00 23,000.00 0.00 16,305.50 6,694.50 29.11%
1115611 56570
-- ------------------------ ENGINEERING/ARCHITECTURAL 87,500.00 587,500.00 9,002.71 304,659.84 282,840.16 48.14%
111561156610
-- ------------------------- UTILITIES-ELECTRIC 2,400.00 2,400.00 278.37 2,140.71 259.29 10.80%
1115611 57410
-- ------------------------ PRINCIPAL PAYMENT 575,973.97 575,973.97 48,738.28 527,068.80 48,905.17 8.49%
--
111---- -1-------
7415
- -561--
5 INTEREST EXPENSE 656,023.67 656,023.67 53,928.19 602,262.37 53,761.30 8.20%
1115611 58110
-- -------------------------- LAND-PURCHASE PRICE 2,090,000.00 2,090,000.00 0.00 345,441.57 1,744,558.43 83.47%
1115611 58995
-- ------------------------ CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 -345,441.57 345,441.57 0.00%
.............
Expense Total: 16,143,685.72 16,143,920.08 368,961.23 3,064,437.20 13,079,482.88 81.02%
.............
Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): -7,963,539.72 -7,963,774.08 136,562.92 1,043,985.93 9,007,760.01 113.11%
Report Surplus(Deficit): -7,963,539.72 -7,963,774.08 136,562.92 1,043,985.93 9,007,760.01 113.11%
9/14/2023 1.0�33:57 AM Page I o( 3
7
l
09126120231tem J.
Budget Report For Fiscal:2022-2023 Period Ending:08/31/2023
Group Summary
Variance
Original Current Period Fiscal Favorable Percent
Account Typ... Total Budget Total Budget Activity Activity (Unfavorable) Remaining
Fund:111-WYLIE ECONOMIC DEVEL CORP
Revenue 8,180,146.00 8,180,146.00 505,524.15 4,108,423.13 -4,071,722.87 49.78%
Expense 16,143,685.72 16,143,920.08 368,961.23 3,064,437.20 13,079,482.88 81.02%
Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): -7,963,539.72 -7,963,774.08 136,562.92 1,043,985.93 9,007,760.01 113.11%
Report Surplus(Deficit). -7,963,539.72 -7,963,774.08 136,562.92 1,043,985.93 9,007,760.01 113.11%
9/1 /2023 1.0 :33:57 AM Pale 2«f 3
09126120231tem J.
Budget Report For Fiscal:2022-2023 Period Ending:08/31/2023
Fund Summary
Variance
Original Current Period Fiscal Favorable
Fund Total Budget Total Budget Activity Activity (Unfavorable)
111-WYLIE ECONOMIC DEVEI CO -7,963,539.72 -7,963,774.08 136,562.92 1,043,985.93 9,007,760.01
Report Surplus(Deficit): -7,963,539.72 -7,963,774.08 136,562.92 1,043,985.93 9,007,760.01
9/1 /2023 1.0 :33:57 AM Pale 3 cif 3
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0912612023 Item J.
Wylie Economic Development Corporation
Statement of Net Position
As of August 31,2023
Assets
Cash and cash equivalents $ 12,704,566.83
Receivables $ 120,000.00 Note 1
Inventories $ 16,006,005.00
Prepaid Items $
Total Assets $ 28,830,571.83
Deferred Outflows of Resources
Pensions $ 67,748.55
Total deferred outflows of resources $ 67,748.55
Liabilities
Accounts Payable and other current liabilities $ 10,059.96
Unearned Revenue $ 1,200.00 Note 2
Non current liabilities:
Due within one year $ 111,069.27 Note 3
Due in more than one year $ 15,621,027.23
Total Liabilities $ 15,743,356.46
Deferred Inflows of Resources
Miscellaneous $ (100,000.00)
Pensions $ (84,717.41)
Total deferred inflows of resources $ (184,717.41)
Net Position
Net investment in capital assets $ -
Unrestricted $ 12,970,246.51
Total Net Position $ 12,970,246.51
Note 1: Includes incentives in the form of forgivable loans for$20,000(LUV-ROS)
and$100,000(Glen Echo)
Note 2: Deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of$32,301
El
1 0912612023 Item J.
WYLIEECONOMIC
DEVELOPMENT Balance Sheet
Account Summary
As Of 08/31/2023
Account Name Balance
Fund:111-WYLIE ECONOMIC DEVEL CORP
Assets
IUAMIEM CLAIM ON CASH AND CASH EQUIV. 12,702,566.83
-1111000103 15 CASH-WEDC-INWOOD 0.00
,11 L LO Q!,-1 21K ESCROW 0.00
11,1-100010180 DEPOSITS 2,000.00
OTHER-MISC CLEARING 0.00
.111 100010341 TEXPOOL 0.00
13.1-1 Q00 1 E34:1 LOGIC 0.00
111-100010481 INTEREST RECEIVABLE 0.00
111-EL 11511 ACCTS REC-'MISC 0.00
111100011511 ACCTS REC-SALES TAX 0.00
U_UQQUMjQ LEASE PAYMENTS RECEIVABLE 0.00
111_100012950 LOAN PROCEEDS RECEIVABLE 0.00
11L1M-1292-6 LOAN RECEIVABLE 0.00
111-100012997 ACCTS REC-JTM TECH 0.00
I1UQ61Q122 ACCTS REC-FORGIVEABLE LOANS 120,000.00
111 1000 14112 INVENTORY-MATERIAL/SUPPLY 0.00
I iL.1_QQ_0_14M INVENTORY-LAND&BUILDINGS 16,006,005.00
111-100014118 INVENTORY-BAYCO/SANDEN BLVD 0.00
11AD-014-30 PREPAID EXPENSES-MISC 0.00
111-100014410. DEFERRED OUTFLOWS 1,865,434.00
Total Assets: 30,696,005.83 30,696,005.83
Liability
2000-201,10 FEDERAL INCOME TAX PAYABLE 0.00
.111,2000203 11 MEDICARE PAYABLE 0.00
CHILD SUPPORT PAYABLE 0.00
_111200020113 CREDIT UNION PAYABLE 0.00
111-2000-20114 IRS LEVY PAYABLE 0.00
111:200020115 NATIONWIDE DEFERRED COMP 0.00
111-2000-20116 HEALTH INSUR PAY-EMPLOYEE I 822.88
-1,1_1 20002.0312 TIVIRS PAYABLE -3.83
111-2000-20118 ROTH IRA PAYABLE 0.00
1_1 1200020119 WORKERS COMP PAYABLE 0.00
111-2000-20120 FICA PAYABLE 0.00
111 1000 20121 TEC PAYABLE 0.00
111-2000-20122 STUDENT LOAN LEVY PAYABLE i0.00
111 2000-20123 ALIMONY PAYABLE 0.00
---------------------------------
1,11-2000-20124 BANKRUPTCY PAYABLE 0,00
1,112000-20125, VALIC DEFERRED COMP 0.00
111-2000-20126 ICMA PAYABLE 0.00
111-200020127 EMP.LEGAL SERVICES PAYABLE 0.00
111-2000-20130 FLEXIBLE SPENDING ACCOUNT 9,137.28
111.2.000-20131 EDWARD JONES DEFERRED COMP 0.00
111-2000-20132 EMP CARE FLITE 12.00
111_2000_20133 Unemployment Comp Payable 1.61
111--2000-203,51 ACCRUED WAGES PAYABLE 0.00
-111-200020180 ADDIT EMPLOYEE INSUR PAY 90.02
111 2000-20199 MISC PAYROLL PAYABLE 0.00
111-2000 20201 AP PENDING 0.00
111-2000-20210 ACCOUNTS PAYABLE 0.00
111-200020530, PROPERTY TAXES PAYABLE 0.00
111-2000-20540 NOTES PAYABLE 1,865,434.00
.1-1.1-2-00-0-2-0-8-1-0- DUE TO GENERAL FUND 0.00
9/14/2023 10�33:23 AM Page I of 3
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1 0912612023 Item J.
Balance Sheet As Of 08/31/2023
Account Name Balance
111-2000-22270 DEFERRED INFLOW 100,000.00
.111-2000222"75 DEF INFLOW-LEASE PRINCIPAL 0.00
111--200-0-22280 DEFERRED INFLOW-LEASE INT 0.00
111200022915 RENTAL DEPOSITS 1,200.00
Total Liability: 1,976,693.96
Equity
111-3000-34110 FUND BALANCE-RESERVED 0.00
111-300034590 FUND BALANCE-UNRESERV/UNDESIG 27,675,325.94
Total Beginning Equity: 27,675,325.94
Total Revenue 4,108,423.13
Total Expense 3,064,437.20
Revenues Over/Under Expenses 1,043,985.93
Total Equity and Current Surplus(Deficit): 28,719,311.87
Total Liabilities,Equity and Current Surplus(Deficit): 30,696,005.83
9/14/2023 1.0:33:23 AM Page 2 o( 3
62
l
09126120231tem J.
Balance Sheet As Of08/31/2023
Account Name Balance
Fund:922-GEN LONG TERM DEBT(WEDC)
Assets
Total Assets: 0.00 0.00
Liability
92 2000. 8243 GOUCAP LOAN/SERIES 2022 7,817,937.04
Total Liability: ._. 7,817,937.04
Total Equity and Current Surplus(Deficit): 0.00
Total Liabilities,Equity and Current Surplus(Deficit): 7,817,937.04
***FUND 922 OUT OF BALANCE*** -7,817,937.04
***Warning:Account Authorization is turned on. Please run the Unauthorized Account Listing Report to see if you are out of balance due to missing accounts***
9,134,/2 ?3 100 33.23 AM Page 3 cif 3
63
09126120231tem J.
Wylie Economic Development Corporation
SALES TAX REPORT
August 31,2023
BUDGETED YEAR
DIFF %DIFF
MONTH FY 2020 FY 2021 FY 2022 FY 2023 22 vs. 23 22 vs.23
DECEMBER $ 226,663.94 $ 235,381.33 $ 263,577.66 $ 338,726.54 $ 75,148.88 28.51%
JANUARY $ 218,520.22 $ 262,263.52 $ 326,207.92 $ 368,377.73 $ 42,169.80 12.93%
FEBRUARY $ 362,129.18 $ 456,571.35 $ 417,896.79 $ 480,381.11 $ 62,484.32 14.95%
MARCH $ 228,091.34 $ 257,187.91 $ 305,605.50 $ 313,686.17 $ 8,080.67 2.64%
APRIL $ 203,895.57 $ 221,881.55 $ 265,773.80 $ 310,050.94 $ 44,277.14 16.66%
MAY $ 289,224.35 $ 400,371.70 $ 401,180.20 $ 434,878.33 $ 33,698.14 8.40%
JUNE $ 239,340.35 $ 290,586.92 $ 343,371.26 $ 330,236.89 $ (13,134.37) -3.83%
JULY $ 296,954.00 $ 314,559.10 $ 331,432.86 $ 379,162.00 $ 47,729.14 14.40%
AUGUST $ 325,104.34 $ 390,790.76 $ 429,696.16 $ 448,253.70 $ 18,557.55 4.32%
SEPTEMBER $ 259,257.89 $ 307,681.15 $ 337,512.61
OCTOBER $ 249,357.02 $ 326,382.38 $ 346,236.36
NOVEMBER $ 384,953.89 $ 411,813.32 $ 392,790.84
Sub-Total $ 3,283,492.09 $ 3,875,470.98 $ 4,161,281.96 $ 3,403,753.41 $ 319,011.27 11.00%
Total $ 3,283,492.09 $ 3,875,470.98 $ 4,161,281.96 $ 3,403,753.41 $ 319,011.27 11.00%
WEDC Sales Tay Analysis
$600,000
$500,000
$400,000
$300,000
2022
2023
$200,000
$100,000
P
**'Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months.
Example:August SlsTx Revenue is actually June SlsTx and is therefore the 9th allocation in FY23.
1 0912612023 Item J.
Wylie Economic Development Corporation
PERFORMANCE AGREEMENT REPORT
August 31,2023
TOTAL BUDGETED YEAR REMAINING PREVIOUS FY TOTAL
INCENTIVE AFTER PAYMENTS INCENTIVE
PERFORMANCE AGREEMENTS FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 CURRENT FY
CSID WOODBRIDGE $ 1,100,000.00 $ 29,377.51 $ - $ - $ - $ - $ $ 1,070,622.49 $ 1,10Q,000.00 A
CARDINAL STRATEGIES $ 106,800.00 $ 24,93400 $ $ $ $ $ $ 66,366.00 $ 91,300.00
AVANTI,LLC $ 120,000.00 $ 30,000.00 $ $ $ $ $ $ 90,000.00 $ 120,000.00
LUV-ROS $ 10,000.00 $ 5,000.00 $ $ $ $ $ $ 5,000.00 $ 10,000.00 B
FUEL CITY $ 500,000.00 $ 500,000.00 $ $ $ $ $ $ - $ 500,000.00
AMERICAN ENTITLEMENTS 11 $ 35,000.00 $ 25,000.00 $ 10,000.00 $ $ 35,000 0 $ - $ 35,000.00
NORTH DALLAS WYLIE LAND $ 120,000.00 $ 20,000.00 $ 20,000.00 $ - $ $ 3 20,000 00 $ 80,000.00 $ 120,000.00
AXL $ 65,000.00 — $ 9,250.00 $ 9,250.00 $ $ S 18,50Q00 $ 46,500.00 $ 65,000.00
GLEN ECHO BREWING $ 100,000.00 $ - $ 50,000.00 $ 30,000.00 $ 20,000.00 $ S I0U,000.00 $ - $ 100,000.00 C
MLKJ $ - $ - $ - $ - $ - $ $ $ $ - D
WYLIE INSURANCE 11 $ 30,000.00 3 30 00R 00 $ $ $ $ $ 30,000.00
CLF 11 LI WYLIE(LOVETT) $ 1,300,000.00 S -1 $ 650,000.00 $ 650,000.00 $ $ $ 1'30000ROO $ $ 1,300,000.00
JOLT $ 7,000.00 S 7,000 00 $ - $ - $ $ $ -1 $ $ 7,000.00
DEANAN/DANK $ 30,000.00 $ I b,000 00 $ 15,000.00 $ $ $ $ 15,000L0) $ $ 30,000.00
FIREWATER $ 300,000.00 $ 200,000 0 $ 100,000.00 $ $ $ $ W0,000 00 $ $ 300,000.00
$ 3,823,800.00 $ 861,311.51 $ 869,250.00 $ 699,250.00 $ 20,000.00 $ $ 1,588,500.00 $ 1,358,488.49 $ 3,808,300.00
Defeaed Out Pow 15 865,434 00
A. SLSTX Reimbursement Qrfly Pmnts(Completed PA Reimbursement)
B. Performance Agreeement($10,000)and Forgiveable Land Grant($60,000 forgiven over 3 years).$20,000/year in 2022,2023,&2024.
C. Performance Agreeement($100,000)and Forgiveable Land Grant($100,000 forgiven over 3 years).$25,000 CO&$25,000/year in 2024,2025,&2026.
D. Performance Agreeement(TBD)and Forgiveable Land Grant($200,000 forgiven over 3 years).$50,000 CO&$50,000/year in 2024,2025,&2026. 1
0912612023 Item K.
A
N Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Department: Finance Account Code:
Prepared By: Melissa Brown
Subject I
Consider, and act upon, Resolution No. 2023-22(R) approving the current Investment Policy as required by the Texas
Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A - Authorized Investments for Governmental
Entities.
Recommendation
Motion to approve the Item as presented.
Discussion 0
Texas Government Code requires that the governing body of an investing entity review its Investment Policy not less than
annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has
reviewed the Investment Policy and that the written instrument so adopted shall record any changes made to the Investment
Policy. There are no changes to the policy this year.
66
l
09/26/2023 Item K.
RESOLUTION NO. 2023-22(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
APPROVING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE
OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING
FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF
AUTHORITY, PROVIDING INVESTMENT STRATEGIES BY POOLED FUND
GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER
INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED
BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED
BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND
MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS,
PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR
SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND
REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST,
PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, the Public Funds Investment Act, as amended, requires the City of Wylie to adopt
the Investment Policy by rule, order, ordinance or resolution; and
WHEREAS,the Investment Policy was originally approved December 12, 2006; and
WHEREAS, the Investment Policy complies with the Texas Government Code, Chapter 2256,
Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and
Subchapter B—Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe
and prudent investments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,THAT the City of Wylie has complied with the requirements of the Public Funds Investment Act
and the Investment Policy, attached hereto, is adopted as the Investment Policy of the City effective
September 26,2023.
DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 26th day
of September 2023.
Matthew Porter,Mayor
ATTESTED BY:
Stephanie Storm, City Secretary
Resolution No. 2023-22(R)Investment Policy Page 1 of 1
El
09/26/2023 Item K.
City of Wyllie, Texas
INVESTMENT POLICY
CATY OF , TEXAS
INVESTMENT POLICY
Submitted for Review September 26,2023
El
0912612023 Item K.
Table of Contents
1. INTRODUCTION I
11. SCOPE I
III. OBJECTIVES I
Safety I
Liquidity I
Diversification I
Yield I
IV. INVESTMENT COMMITTEE 2
V. DELEGATION OF AUTHORITY 2
V1. INVESTMENT STRATEGY 3
Operating Funds 3
Debt Service Funds 3
Debt Service Reserve Funds 3
Special Projects and Special Purpose Funds 3
VII. STANDARD OF CARE 3
VIII. INVESTMENTS AUTHORIZED BY THE CITY 4
Ix. OTHER INVESTMENT GUIDELINES 5
X. DIVERSIFICATION AND MATURITY LIMITS 5
X1. SELECTION OF BROKER/DEALERS 6
XII. SAFEKEEPING AND CUSTODY 6
XIII. RECORD KEEPING AND REPORTING 7
XIV. ETHICS AND CONFLICTS OF INTEREST 8
XV. POLICY REVISIONS 9
APPENDIX A-BROKER/DEALER QUESTIONNAIRE
APPENDIX B -CERTIFICATION BY DEALER
09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
I.INTRODUCTION The City's principal investment objectives, in order of
priority, are listed below.
Chapter 2256 of Title 10 of the Local Government
Code (hereinafter referred to as the "Public Funds Safety.The primary objective of the City's investment
Investment Act") prescribes that each city is to adopt activity is the preservation of principal(capital)in the
written rules governing its investment practices and to overall portfolio. Each investment transaction shall
define the authority of the investment officer. The seek first to ensure that capital losses are avoided,
following Investment Policy addresses the methods, whether the loss occurs from the default of a security
procedures, and practices which must be exercised to or from erosion of market value.
ensure effective and judicious fiscal management of
the City's funds. This Policy shall not apply to the Liquidity.The City's investment portfolio will remain
selection, retention or other issues concerning the sufficiently liquid to enable the City to meet operating
depositories of the City's funds in demand deposits as requirements that might be reasonably anticipated.
provided under Chapter 105 of the Local Government Liquidity shall be achieved by matching investment
Code. maturities with forecasted cash flow requirements,by
investing in securities with active secondary markets,
11. SCOPE and by using state or local investment pools.
This Policy shall apply to the investment and Diversification. The governing body recognizes that
management of all funds of the City under its control, in a diversified portfolio, occasional measured losses
other than those expressly excluded herein or by due to market volatility are inevitable, and must be
applicable law or valid agreement. This Policy shall considered within the context of the overall portfolio's
not supersede the restrictions on investment and use return,provided that adequate diversification has been
applicable to any specific fund and,in the event of any implemented. Therefore, assets held in the common
conflict between this Policy and the requirements of investment portfolio shall be diversified to eliminate
any fund subject hereto, the specific requirement the risk of loss resulting from one concentration of
applicable to such fund shall be followed as well as all assets in a specific maturity, a specific issuer or a
other provisions of this Policy other than those in specific class of securities.
conflict. The Employees Deferred Compensation
Agency Fund is excluded from coverage under this Yield. The investment portfolio goal (benchmark)
Policy. against which the yield is compared will be established
from time to time by the Finance Director.
In order to make effective use of the City's resources, Recommendations by the Investment Committee will
all monies shall be pooled into one bank account, be considered when the performance measure is being
except for those monies required to be accounted for established. Efforts to seek higher than the above goal
in other bank accounts as stipulated by applicable must be consistent with risk limitations identified in
laws, bond covenants or contracts. The bank account this policy and prudent investment principles. The
will be maintained by pooled fund group for purposes City's investment portfolio shall be designed with the
of implementing pooled fund strategies and reporting. objective of attaining a rate of return which is
The income derived from this pooled investment consistent with the risk limitations and cash flow
account shall be distributed by fund in accordance characteristics of the City's investments.
with the City's internal procedures.
IV.INVESTMENT COMMITTEE
III. OBJECTIVES
An investment committee consisting of the City
Manager, the Director of Finance and the Assistant
[H]
09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
Director of Finance will meet annually before the With written approval from the City Manager, the
beginning of a new fiscal year. The Investment Director may delegate any phase of the investment
Committee shall be authorized to invite advisors to the management program to members of the City staff.
meetings as needed. Such approval shall state specifically the functions
such person is authorized to perform or that the person
The investment officer will present a brief report of is authorized to perform all activities of the Director
investment activities to the Investment Committee. under this Policy. The Director shall obtain and
The primary objectives of the committee will be to maintain, at the City's expense, fidelity bonds for
himself and each of his designees in amounts
(1) make recommendations regarding investment determined adequate by the Director (which shall not
strategies be less than five percent of the amounts subject to this
(2) approve a list of authorized brokers, dealers, Policy) for each fiscal year as shown by the approved
banks, savings and loans, credit unions, and budget. No person may engage in an investment
pools transaction except as provided under the terms of this
(3) recommend a list of authorized training Policy and the internal procedures established by the
sources for the state mandated investment Director. A current list of persons authorized to
training and transact investment business and wire funds on behalf
(4) monitor program results. of the City shall be maintained by the Director.
The committee shall include in its deliberations such At the discretion of either the City Manager or the
topics as performance reports, economic outlook, Director and in any event upon the termination or
portfolio diversification, maturity structure, potential reassignment of any member of the Director's staff
risk to the city's funds, and the target rate of return on authorized to conduct transactions for the City
the investment portfolio. pursuant to this Policy, the authority of such person
shall be revoked and such revocation of authority shall
V.DELEGATION OF AUTHORITY be immediately communicated by the Director orally
and in writing to each and every depository,
Management responsibility for the investment broker/dealer,investment advisor,custodian and other
program is delegated by the City Council to the City agency or entity with whom the City has any existing
Manager who will designate the Finance Director as or continuing relationship in the management of its
Investment Officer (hereinafter referred to as the investments.
"Director"). The Director's authority will at all times
be limited by conformance with all Federal VI.INVESTMENT STRATEGY
regulations, State of Texas statutes and other legal
requirements including the City Charter and City The City of Wylie maintains a pooled investment
Ordinances, including this Policy. portfolio. The pooled portfolio utilizes specific
investment strategies designed to address the unique
The Director shall develop and maintain written characteristics of the pooled investment portfolio. The
administrative procedures for the operation of the pooled investment portfolio includes Operating Funds,
investment program consistent with this Policy. The Debt Service Funds, Debt Service Reserve Funds,
controls shall be designed to prevent, identify and Capital Projects and Special Purpose Funds.
control losses of public funds arising from deviation Investment strategies for these different groups are
from this Policy, fraud, employee error, and detailed below.
misrepresentation by third parties, or imprudent
actions by employees and officers of the City. (1) Investment strategies for operating, debt
service,capital project,and special purpose funds have
?1__
09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
as their primary objective to assure that anticipated (2) whether the investment decision was
cash outflows are matched with adequate investment consistent with the written investment policy
liquidity. The secondary objective is to create a of the City.
portfolio structure which will experience minimal
volatility during economic cycles. The Director and his staff shall recognize that the
investment activities of the City are a matter of public
(2) The investment strategy for the debt service record. Therefore, all participants in the investment
reserve funds shall have as the primary objective the process shall seek to act responsibly as custodians of
ability to generate a dependable revenue stream from the public trust. Investment officials shall avoid any
securities with a low degree of volatility. Securities transactions that might impair public confidence in the
should be of high quality, with short to intermediate City's ability to govern effectively.
term maturities. Except as may be required by a bond
ordinance, securities should be of high quality with VIII. INVESTMENTS AUTHORIZED BY THE
short to intermediate-term maturities. CITY OF WYLIE
VII. STANDARD OF CARE Authorized investments for municipal governments in
the State of Texas are set forth in the Public Funds
Investments shall be made with judgment and care, Investment Act, as amended (Section 2256.009-
under prevailing circumstances, that a person of 2256.019, Government Code). However, suitable
prudence, discretion, and intelligence would exercise investments for the City of Wylie are limited to the
in the management of the person's own affairs,not for following.
speculation, but for investment, considering the
probable safety of capital and the probable income to (1) Direct obligations of the United States or its
be derived. Investment of funds shall be governed by agents and instrumentalities with a stated
the following investment objectives, in order of maturity of 5 years or less.
priority:
(2) Certificates of deposit issued in the State of
(1) preservation and safety of principal; Texas with a maximum maturity of 2 years or
less and insured by the Federal Deposit
(2) liquidity; and Insurance Corporation.
(3) diversification; and (3) Fully collateralized direct repurchase
agreements with a defined termination date of
(4) yield. 2 years or less which are secured by
obligations of the United States or its agencies
In determining whether an investment officer has and instrumentalities and pledged with a third
exercised prudence with respect to an investment party in the City's name. The agreement must
decision, the determination shall be made taking into be placed through a primary government
consideration: securities dealer, as defined by the Federal
Reserve, or by a financial institution doing
(1) the investment of all funds,or funds under the business in the State of Texas. Each issuer of
City's control, over which the officer had repurchase agreements shall be required to
responsibility rather than a consideration as to sign a master repurchase agreement.
the prudence of a single investment; and
(4) Approved investment pools as described in
Section 2256.016 which are continuously
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09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
rated no lower than AAA, AAAm or an X. DIVERSIFICATION AND MATURITY
equivalent rating by at least one nationally LIMITS
recognized rating agency and have a weighted
average maturity no greater than 90 days. It is the policy of the City to avoid concentration of
assets in a specific maturity, a specific issue, or a
IX. OTHER INVESTMENT GUIDELINES specific class of securities,with the exception of U.S.
Treasury issues. The asset allocation in the portfolio
The City seeks active management of its portfolio should, however, be flexible depending upon the
assets. In order to meet the objectives of this Policy, outlook for the economy and the securities markets.
the City may from time to time sell securities that it
owns in order to better position its portfolio assets. The City will not exceed the following maximum
Sales of securities prior to maturity shall be limits as a percentage of the total portfolio for each of
documented and approved by the Director before such the categories listed below:
a transaction is consummated. Sales of securities
yielding net proceeds less than 92% of the book value Max.
of the securities must be approved in advance and in f Max.
writing by the City Manager. Three examples of Investment Category Portfolio Maturity
situations involving the sale of securities prior to Obligations of the United 100% 5 years
maturity are States or its agencies and
instrumentalities.
(1) swap - to sell an investment to realize a
capital gain, Certificates of Deposit 25% 18 mon.
(2) To better position selected investments
due to a change in market conditions, Repurchase Agreements 100% 2 years
NOT Reverse Repurchase
(3) To react to emergency liquidity demands. Agreements
Each investment transaction must be based upon The Director shall evaluate how each security
competitive quotations received from at least three purchased fits into the City's overall investment
broker/dealers who have been approved by the City in strategy.
accordance with Texas law.
At all times the City shall maintain 10 percent of its
The purchase and sale of all securities shall be on a total investment portfolio in instruments maturing in
delivery versus payment or payment versus delivery 90 days or less. The weighted average maturity of all
basis (i.e.,for securities purchases,monies will not be securities and certificates of deposit in the City's total
released by the City's safekeeping bank until securities investment portfolio at any given time (not including
are received at the Federal Reserve Bank for further cash or demand deposits) shall not exceed 2 years.
credit to the City's safekeeping bank. In the case of
securities sales, monies will be received by the City's XI, SELECTION OF BROKERS/DEALERS
safekeeping bank via the Federal Reserve Bank as the
securities are simultaneously released to the The City shall maintain a list of broker/dealers and
purchaser). In this manner the City will always have financial institutions which have been approved for
possession of either its securities or its monies. investment purposes by the investment committee.
(For the purpose of this investment policy,
Broker/dealer will be used to refer to any brokerage
09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
firm, bank, investment pool, or financial institution guidelines, executed master repurchase agreement, if
with which the City does investment business). applicable, and current financial information on file.
Securities may only be purchased from those Certification language should be mutually acceptable
authorized institutions and firms. The authorized to both parties. An investment officer of the City may
broker/dealers will be reviewed at least annually. To not buy any securities from a person who has not
be eligible, a broker/dealer must meet at least one of delivered to the City an instrument substantially in the
the following criteria: 1) be recognized as a Primary form provided by this policy.
Dealer as defined by the New York Federal Reserve
Market Reports Division; or 2) complies with The Director shall review the quality of service and
Securities and Exchange Commission Rule 150-1, financial stability of each broker/dealer and financial
the Uniform Net Capital Requirement Rule. If the institution approved under this Section at least
City's depository bank also provides custodial and annually. Any approved broker/dealer or financial
safekeeping services for the City,the bank may not be institution may be removed from the list of approved
included as an authorized broker/dealer for the City. broker/dealers with the approval of the Director, if in
However, non-negotiable Certificate of Deposits are the opinion of the Director,the firm has not performed
exempt from this policy. adequately or its financial position is considered
inadequate.
Broker/dealers will be selected and recommended to
the investment committee by the Director on the basis
of their financial stability, expertise in cash XIL SAFEKEEPING AND CUSTODY
management and their ability to service the City's
account. Each broker/dealer that has been authorized Investment securities purchased for the City will be
by the City shall be required to submit and annually delivered by either book entry or physical delivery and
update a Broker/Dealer Information Request form shall be held in third-party safekeeping by a Federal
which includes the firm's most recent financial Reserve Member financial institution designated as
statements. The Director shall maintain a file which the City's safekeeping and custodian bank. The City
includes the most recent Broker/Dealer Information may designate more than one custodian bank. The
Request forms submitted by each firm approved for City shall execute a Safekeeping Agreement with each
investment purposes. A copy of the submitted bank prior to utilizing the custodian's safekeeping
Broker/Dealer Information Request forms as well as a services. Only a state or national bank located within
list of those broker/dealers approved by the City shall the State of Texas may be utilized as a custodian of
be maintained by the Director(See Appendix A). securities pledged to secure certificates of deposit.
The safekeeping agreement must provide that the
The City of Wylie will provide all approved securities safekeeping bank will immediately record and
dealers with a copy of the City's Investment Policy. A promptly issue and deliver a signed safekeeping
principal in the firm must execute a written statement receipt showing the receipt and the identification of
acknowledging receipt and review of the policy and a the security, as well as the City's interest.
statement acknowledging that reasonable procedures
and controls have been implemented to preclude The Director shall maintain a list of designated
imprudent investment activities being conducted custodian banks and a copy of the Safekeeping
between the entity and the securities firm (See Agreement executed with each custodian bank.
Appendix B).
The City must approve release of securities in writing
All approved broker/dealer firms must have a prior to their removal from the custodial account. A
completed City of Wylie broker/dealer questionnaire, telephone facsimile of a written authorization shall be
investment policy,written acknowledgment per above sufficient if the custodian orally confirms receipt of
?4
09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
the transmission and an exact copy of the document is a description of the transaction and a brief statement
retained in the City's files. In no event shall the of the reason(s) for the transaction.
custodial bank be an authorized depository bank,
issuer of repurchase agreements in which the City At least annually, the Director shall verify that all
invests or broker/dealer of securities on behalf of the securities purchased by or pledged to the City are on
City. hand in appropriate form. The City, in conjunction
with its annual financial audit, shall perform a
All securities shall be confirmed in the name of the compliance audit of management controls on
City and delivered to an approved custodial bank or investments and adherence to the City's established
carried at a Federal Reserve Bank in the name of the investment policies.
City. The Custodian shall not otherwise deposit
purchased or pledged securities. All book entry Each depository of the City's funds shall maintain
securities owned by the City shall be evidenced by a separate, accurate and complete records relating to all
safekeeping receipt issued to the City and signed by deposits of the City's funds, the securities pledged to
the appropriate officer at the custodian bank stating secure such deposits and all transactions relating to the
that the securities are held in the Federal Reserve pledged securities. Each approved custodian shall
System in a CUSTOMER ACCOUNT naming the maintain separate, accurate and complete records
City as the"customer." In addition,the custodian bank relating to all securities received on behalf of the City,
will, when requested, furnish a copy of the delivery whether pledged, purchased or subject to repurchase
advice received by the custodian bank from the agreement, as well as all transactions related to such
Federal Reserve Bank. securities. In addition, each depository shall file all
reports required by the Texas State Depository Board.
All certificated securities (those transferred by Each depository and custodian shall agree to make all
physical delivery) shall: 1) be held by an approved the records described in this paragraph available to the
custodian bank or any correspondent bank in New Director or designee and the City's auditors at any
York City approved by the Director; and 2) the reasonable time.
correspondent bank or the City's safekeeping bank
shall issue a safekeeping receipt to the City evidencing All broker/dealers, custodians, depositories and
that the securities are held by the correspondent bank investment advisors shall maintain complete records
for the City. of all transactions that they conducted on behalf of the
City and shall make those records available for
The original safekeeping receipt for each transaction inspection by the Director or other representatives
including purchased securities under a repurchase designated by the City Council or City Manager.
agreement and collateral securing deposits will be
forwarded to the Director or his designee and held in a All sales of securities for less than the book value of
secured file by the City. the security shall be approved by the Director. Sales
of securities for less than 92 percent of the book value
XIII.RECORD KEEPING AND REPORTING of the securities must be approved by both the City
Manager and the Director.
A record shall be maintained of all bids and offerings
for securities transactions in order to ensure that the A monthly investment report shall be prepared by staff
City receives competitive pricing. All transactions and signed by the Director, listing all of the
shall be documented by the person authorizing the investments held by the City, beginning and ending
transaction in a form that shows that person's name, market value for period, the current market valuation
the party instructed to execute the transaction,the date, of the investments and transaction summaries,
including a detailed list of the gains and losses
[H]
09/26/2023 Item K.
.,ITY E y k,
INVESTMENT POLICY
recognized. The market value will be determined by: investment advisors. Employees and officers shall not
(1)written reports such as the Wall Street Journal; (2) utilize investment advice concerning specific
on-line services such as Bloomberg; or (3) through a securities or classes of securities obtained in the
primary dealer or national bank that is independent of transaction of the City's business for personal
the specific security being valued. The report must investment decisions, shall in all respects subordinate
state the pooled fund group for each asset/security. their personal investment transactions to those of the
The report shall list the total investment return for the City, particularly with regard to the timing of
month. If invested in securities, the City's audit firm purchases and sales and shall keep all investment
must review the monthly reports annually and the advice obtained on behalf of the City and all
result of the review shall be reported to the City transactions contemplated and completed by the City
Council by that auditor. confidential, except when disclosure is required by
law.
Within 90 days after the end of the City's fiscal year,
the Director shall prepare, sign and deliver to the City An investment officer of the City who has a personal
Manager and the City Council an annual report on the business relationship with an organization seeking to
City's investment program and investment activity sell an investment to the City shall file a statement
which has also been signed by each officer and disclosing that personal business interest. An
employee of the City authorized to conduct any of the investment officer who is related within the second
City's investment activity. The annual report shall degree by affinity or consanguinity to an individual
include full year investment returns. Such annual seeking to sell an investment to the City shall file a
report shall include an analysis of the compliance with statement disclosing that relationship. A statement
this Policy as well as changes in the applicable laws required under this subsection must be filed with the
and regulations during the previous year and may Texas Ethics Commission and the governing body of
include any other items of significance related to the the City.
investment program. The annual investment report
will be reviewed as a part of the annual audit. XV. POLICY REVISIONS
XIV. ETHICS AND CONFLICTS OF INTEREST This Investment Policy will be reviewed at least
annually by the City Manager,the Director of Finance
Officers and employees of the City involved in the and the Assistant Director of Finance and revised
investment process shall refrain from personal when necessary. All revisions shall be approved by
business activity that involves any of the City's the City Council.
approved custodians, depositories, broker/dealers or
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09/26/2023 Item L.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Finance Account Code:
Prepared By: Melissa Brown
Subject I
Consider, and act upon, approving the Debt Management Policy.
Recommendation 0
Motion to approve the Item as presented.
Discussion 0
The purpose of a Debt Management Policy is to establish parameters and provide guidance governing the issuance,
management,continuous evaluation of and reporting on all debt obligations issued by the City. A formal approval by Council
ill also provide for the preparation and implementation necessary to ensure compliance and conformity with the policy.
Advantages of a debt policy are:
• Enhances the quality of decision by imposing order and discipline
• Promotes consistency and continuity in decision making
• Identifies objectives for staff to implement
• Demonstrates a commitment to long term financial planning objectives
• Regarded positively by the rating agencies
he Debt Management Policy was first adopted on September 22,2020. No changes have been made to the policy since last
ear's adoption.
Staff recommends approval of the Debt Management Policy.
El
09/26/2023 Item L.
City of Wylie, Texas
Debt Management Policy
I. Purpose
The purpose of this policy is to establish parameters and provide guidance governing the
issuance, management, continuous evaluation of and reporting on all debt obligations issued by
the City of Wylie, and to provide for the preparation and implementation necessary to ensure
compliance and conformity with this policy.Advantages of a debt policy are as follows:
• Enhances the quality of decisions by imposing order and discipline
• Promotes consistency and continuity in decision making
• Identifies objectives for staff to implement
• Demonstrates a commitment to long term financial planning objectives
Il. Policy Statement
Under the governance and guidance of Federal and State laws and the City's Charter, ordinances
and resolutions,the City may periodically enter into debt obligations to finance the construction
or acquisition of infrastructure and other assets; or to refinance existing debt for the purpose of
meeting its governmental obligation to its residents. It is the City's desire and direction to
ensure that such debt obligations are issued and administered in such fashion as to obtain the
best long-term financial advantage to the City and its residents,while making every effort to
maintain and improve the City's bond ratings.
The City shall not issue debt obligations or utilize debt proceeds to finance current operations of
City Government.
Ill. General Debt Governing Policies
The City establishes the following policies concerning the issuance and management of debt:
• The City will not issue debt obligations or use debt proceeds to finance current
operations or normal maintenance.
• Debt financing includes general obligation bonds,certificates of obligation, revenue
bonds, lease/purchase agreements and other obligations permitted to be issued under
Texas law.
Original Issue: September 22,2020
Presented for approval: September 26,2023
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09/26/2023 Item L.
• The City shall review its outstanding debt annually for the purpose of determining if the
financial marketplace will afford the City the opportunity to refund an issue and lessen
its debt service costs. As a general rule,the present value savings of a particular
refunding should exceed four percent(4%) of the refunded maturities, unless a
restructuring or bond convent revision is necessary in order to facilitate the ability to
provide services or issue additional debt in accordance with established debt policies.
• The City will utilize debt obligations only for acquisition, construction, reconstruction or
renovation of capital improvement projects that cannot be funded from current
revenue sources or in such cases where it is more equitable to the users of the project
to finance the project over its useful life.
• The City will measure the impact of debt service requirements of outstanding and
proposed debt obligations on a single year,five,ten, and twenty year period.This
analysis will consider debt service maturities and payment patterns.
• The City will seek the advice and services of the Financial Advisor in performing the
bond issuance process.The City will also seek the advice of Bond Counsel as to the
legality and tax-exempt status of any obligations.
• The City shall use a competitive bidding process in the sale of debt unless the nature of
the issue warrants a negotiated sale.The City shall attempt to award the bonds based
on a true interest cost (TIC) basis. However,the City may award bonds based on a net
interest cost(NIC) basis as long as the Financial Advisor agrees that the NIC basis can
satisfactorily determine the lowest and best bid.
• Credit enhancements are mechanisms which guarantee principal and interest payments.
They include bond insurance and a line or letter of credit. A credit enhancement,while
costly,will usually bring a lower interest rate on debt and a higher rating from the rating
agencies,thus lowering overall costs. During debt issuance planning the Financial
Advisor will advise the City whether or not a credit enhancement is cost effective.
• The bond proceeds will be invested in accordance with the City's investment policy.
Interest earnings received on the investment of bond proceeds shall be used to assist in
paying the costs associated with the capital project.
• The City is committed to continued disclosure of financial and pertinent credit
information relevant to the City's outstanding securities and will abide by the provisions
of Securities and Exchange Commission (SEC) Rule 15c2-12 concerning primary and
secondary market disclosure.
Original Issue: September 22,2020
Presented for approval: September 26,2023
09/26/2023 Item L.
IV. Debt Limit
• The State of Texas statutes do not prescribe a legal debt limit on the amount of
outstanding bonds.
• The charter for the City of Wylie,Texas does not provide a debt limit.
V. Specific Debt Ratios and Measurement
This section of the debt management policy establishes the target debt ratios and measurements for the
City.
As the City periodically addresses its ongoing needs,the City Manager and the City Council must ensure
that future elected officials will have the flexibility to meet the capital needs of the City.Since neither
State law nor the City Charter provides any limits on the amount of debt which may be incurred,this
policy establishes targets which should provide future flexibility.
Purposes of Issuance-The City will issue debt obligations for acquiring, constructing,
reconstructing or renovating Capital Improvements or for refinancing existing debt obligations.
Projects must be designed as public purpose projects by the City Council prior to funding.
Maximum Maturity-All debt obligations shall have a maximum maturity of the earlier of: a)
the estimated useful life of the Capital Improvements being financed; or b)twenty years; or c) in
the event they are being issued to refinance outstanding debt obligations,the final maturity of
the debt obligations being refinanced, unless a longer term is recommended by the Financial
Advisor.
Net Debt Per Capita - Is the amount of general bonded debt outstanding for each citizen of a
jurisdiction. Net direct debt is the sum of all general obligation bonds outstanding less the year-
end balance of the debt service fund.The City shall strive to maintain the current Net Direct
Debt Per Capita at or below$2,000.00.
Net Debt to Assessed Value-Assessed valuation shows the fiscal capacity of the tax base.The
City shall strive to maintain a ratio of Net Direct Debt to Assessed Value of properties in the City
at or below four percent(4%).
Bond Covenants and Laws-The City shall comply with all covenants and requirements of the
bond resolutions,the State and Federal laws authorizing and governing the issuance and
administration of debt obligations.
Original Issue: September 22,2020
Presented for approval: September 26,2023
El
0912612023 Item M.
IAI
f'V Wylie City Council
C ITY OF
WYLIE AGENDA REPORT
Department: Finance Account Code:
Prepared By: Melissa Brown
Subject
Consider, and act upon, approving the revised Financial Management Policies.
Recommendation
�otion to approve the Item as presented.
The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff
in planning and directing the City's financial affairs and provide a document that codifies these policies in one place.
The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive
financial condition while conducting its operations consistent with the Council-Manager form of government established in
the City Charter. The basis for the City's Financial Management Policies includes integrity, prudent stewardship, planning,
accountability, and full disclosure.
The Financial Management Policies were previously approved on September 27,2022.The revision request is in Section VII
-Expenditure Control,Letter E-Purchasing. Staff is requesting to increase authorization levels for appropriations previously
approved by City Council in the Operating Budget. These levels are as follows:
• Division Staff up to $1,000 (previously$500)
• Directors up to $3,000 (previously$1,000)
• Purchasing up to $10,000 (previously$3,000)
• Finance Director up to $15,000 (previously$7,500)
• City Manager over $15,000 with any purchases exceeding $50,000 approved by City Council (previously over
$7,500)
Staff recommends approval of the Financial Management Policies.
Approval of the new authorization levels will streamline the purchasing process and make purchasing items that are
appropriated in the budget simpler.The goal is to improve functioning of departments and to move approved projects through
the process in a timelier manner.
El
0912612023 Item M.
FY 2023-24
City of Wylie
Financial Management Policies
Revised: January 24,2023
El
0912612023 Item M.
I. PURPOSE STATEMENT
The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable
and positive financial condition while conducting its operations consistent with the Council-Manager form
of government established in the City Charter.The watchwords of the city's financial management include
integrity, prudent stewardship, planning, accountability, and full disclosure.
The purpose of the Financial Management Policies is to provide guidelines for the financial management
staff in planning and directing the city's day-to-day financial affairs and in developing recommendations
to the City Manager.
The scope of the policies spans accounting, auditing,financial reporting, internal controls, operating and
capital budgeting, revenue management,cash management,expenditure control and debt management.
II. ACCOUNTING,AUDITING,AND FINANCIAL REPORTING
A.ACCOUNTING-The city's Assistant Finance Director is responsible for establishing the chart of
accounts, and for properly recording financial transactions.
B. FUNDS - Self-balancing groups of accounts are used to account for city financial transactions
in accordance with generally accepted accounting principles. Each fund is created for a specific
purpose except for the General Fund,which is used to account for all transactions not accounted
for in other funds. Funds are created and fund names are changed by City Council.
C. EXTERNAL AUDITING -The city will be audited annually by outside independent auditors.The
auditors must be a CPA firm of national reputation, and must demonstrate that they have the
breadth and depth of staff to conduct the city's audit in accordance with generally accepted
auditing standards, generally accepted government auditing standards, and contractual
requirements. The auditors' report on the city's financial statements including any federal grant
single audits will be completed within 120 days of the city's fiscal year end, and the auditors'
management letter will be presented to the city staff within 150 days after the city's fiscal year
end. An interim management letter will be issued prior to this date if any materially significant
internal control weaknesses are discovered. The city staff and auditors will jointly review the
management letter with the City Council within 60 days of its receipt by the staff.
D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL—The external auditors are accountable
to the City Council and will have access to direct communication with the City Council if the city
staff is unresponsive to auditor recommendations or if the auditors consider such communication
necessary to fulfill their legal and professional responsibilities.
E. EXTERNAL AUDITOR ROTATION -The city will not require external auditor rotation, but will
circulate requests for proposal for audit services periodically, normally at five-year intervals or
less. An award of services to the same audit firm is allowable but will require rotation of the audit
partner and audit manager after five consecutive years. The rest period for the audit partner will
be a minimum of two years and the rest period for the audit manager will be a minimum of five
years.
Revised: January 24,2023
El
0912612023 Item M.
F. EXTERNAL FINANCIAL REPORTING-The city will prepare and publish an Annual Comprehensive
Financial Report (ACFR). The ACFR will be prepared in accordance with generally accepted
accounting principles, and will be presented annually to the Government Finance Officers
Association (GFOA) for evaluation and possibly awarding of the Certification of Achievement for
Excellence in Financial Reporting. The ACFR will be published and presented to the City Council
within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely
reporting. In such a case,the Finance Director will inform the City Manager and the City Manager
will inform the City Council of the delay and the reasons therefore.
III. INTERNAL CONTROLS
A. WRITTEN PROCEDURES-The Finance Director is responsible for developing city-wide written
guidelines on accounting, cash handling, and other financial matters which will be approved by
the City Manager.
The Finance Department will assist department managers as needed in tailoring these guidelines
into detailed written procedures to fit each department's requirements.
B. INTERNAL AUDIT - The Finance Department may conduct reviews of the departments to
determine if the departments are following the written guidelines as they apply to the
departments. Finance will also review the written guidelines on accounting, cash handling and
other financial matters. Based on these reviews Finance will recommend internal control
improvements as needed.
C.DEPARTMENT MANAGERS RESPONSIBLE-Each department manager is responsible to the City
Manager to ensure that good internal controls are followed throughout his or her department,
that all guidelines on accounting and internal controls are implemented,and that all independent
and internal auditor internal control recommendations are addressed.
IV. OPERATING BUDGET
A. PREPARATION - The city's "operating budget" is the city's annual financial operating plan. It
consists of governmental and proprietary funds, including the general obligation Debt Service
Fund, but excluding capital projects funds. The budget is prepared by the City Manager with the
assistance of the Finance Department and cooperation of all city departments.The City Manager
transmits the document to the City Council. The budget should be presented to the City Council
no later than August S or a date to be determined by the City Council, and should be enacted by
the City Council prior to fiscal year end. The operating budget will be submitted to the GFOA
annually for evaluation and possible awarding of the Award for Distinguished Budget
Presentation.
B. BALANCED BUDGETS-An Operating budget will be balanced, with current revenues, exclusive
of beginning resources,greater than or equal to current expenditures/expenses.
C. PLANNING - The budget process will be coordinated so as to identify major policy issues for
City Council.
Revised: January 24,2023
�34
0912612023 Item M.
D. BUDGETED DRAWDOWN OF RESERVES - One-time purchases may be requested by the City
Manager through the budget process, subject to the Fund Balance Policy in section IX of the
Policies.
E. REPORTING - Periodic financial reports will be prepared to enable the department managers
to manage their budgets and to enable the Budget Manager to monitor and control the budget
as approved by the City Council. Monthly financial reports will be presented to the City Council.
Such reports will include current year revenue and expenditures.
F. CONTROL-Operating Expenditure Control is addressed in Section VII of the Policies.
G. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS — Where appropriate,
performance measures and productivity indicators will be used as guidelines and reviewed for
efficiency and effectiveness.This information will be included in the annual budgeting process.
V. CAPITAL BUDGET AND PROGRAM
A. PREPARATION -The city's capital budget will include all capital projects funds and all capital
resources.The budget will be prepared annually on a fiscal year basis and adopted by ordinance.
The capital budget will be prepared by the City Manager with assistance from the Finance
Department and involvement of all required city departments.
B.CONTROL-All capital project expenditures must be appropriated in the capital budget. Finance
must certify the availability of resources so an appropriation can be made before a capital project
contract is presented by the City Manager to the City Council for approval.
C. PROGRAM PLANNING - The capital budget will include capital improvements programs for
future years. The planning time frame should normally be five years. The replacement and
maintenance for capital items should also be projected for the next five years at a minimum.
Future maintenance and operations will be fully costed, so that these costs can be considered in
the operating budget.
D. ALTERNATE RESOURCES - Where applicable, assessments, impact fees, or other user-based
fees should be used to fund capital projects which have a primary benefit to certain property
owners.
E. DEBT FINANCING - Recognizing that debt is usually a more expensive financing method,
alternative financing sources will be explored before debt is issued.When debt is issued, it will be
used to acquire major assets with expected lives that equal or exceed the average life of the debt
issue. The exceptions to this requirement are the traditional costs of marketing and issuing the
debt,capitalized labor for design and construction of capital projects,and small component parts
which are attached to major equipment purchases.
F.STREET MAINTENANCE-The city recognizes that deferred street maintenance increases future
capital costs by an estimated 5 to 10 times. Therefore, the City's goal is to allocate a portion of
the General Fund budget each year to maintain the quality of streets. The amount will be
Revised: January 24,2023
�35
0912612023 Item M.
established annually so that repairs will be made amounting to a designated percentage of the
value of the streets.
G.WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT-The city recognizes that
deferred water/wastewater main rehabilitation and replacement increases future costs due to
loss of potable water from water mains and inflow and infiltration into wastewater mains.
Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the
City's goal will be to dedicate an amount equal to at least 1 % of the undepreciated value of
infrastructure annually to provide for a water and wastewater main repair and replacement
program.
H. REPORTING - Periodic financial reports will be prepared to enable the department managers
to manage their capital budgets and to enable the finance department to monitor the capital
budget as authorized by the City Manager.
VI. REVENUE MANAGEMENT
A. SIMPLICITY - The city will strive to keep the revenue system simple which will result in a
decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease
in avoidance to pay.The city will avoid nuisance taxes,fees, or charges as revenue sources.
B. CERTAINTY - An understanding of the revenue source increases the reliability of the revenue
system.The city will try to understand its revenue sources,and enact consistent collection policies
so that assurances can be provided that the revenue base will materialize according to budgets
and plans.
C.EQUITY-The city will strive to maintain equity in the revenue system structure.That is,the city
will seek to minimize or eliminate all forms of subsidization between entities, funds, services,
utilities and customers.However,it is recognized that public policy decisions may lead to subsidies
in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax
abatement.
D.ADMINISTRATION-The benefits of revenue will exceed the cost of producing the revenue.The
cost of collection will be reviewed annually for cost effectiveness as a part of the indirect cost,
and cost of services analysis.
E.REVENUE ADEQUACY-The city will require that there be a balance in the revenue system.That
is,the revenue base will have the characteristics of fairness and neutrality as it applies to cost of
service, willingness to pay, and ability to pay.
F. COST/BENEFIT OF ABATEMENT-The city will use due caution in the analysis of any tax,fee, or
water and wastewater incentives that are used to encourage development.A cost/benefit (fiscal
impact) analysis will be performed as a part of such analysis and presented to the appropriate
entity considering using such incentive.
Revised: January 24,2023
El
0912612023 Item M.
G. DIVERSIFICATION AND STABILITY - In order to protect the government from fluctuations in
revenue source due to fluctuations in the economy,and variations in weather(in the case of water
and wastewater), a diversified revenue system will be maintained.
H. NON-RECURRING REVENUES - One-time revenues will not be used for ongoing operations.
Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not
to use these revenues for budget balancing purposes.
I. PROPERTY TAX REVENUES - Property shall be assessed at 100% of the fair market value as
appraised by the Collin County Central Appraisal District. Reappraisal and reassessment shall be
done regularly as required by State law. A 100% collection rate will serve as a minimum for tax
collection.
All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being
turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the
attorney as allowed by State law, and in accordance with the attorney's contract. Annual
performance criteria will be developed for the attorney regarding the collection of delinquent
taxes.
J. PARKS AND RECREATION 4B SALES TAX REVENUE - Parks and Recreation 413 sales tax revenue
shall supplement but not supplant the funding for the Parks and Recreation System in the General
Fund and the Recreation Center Department of the Parks and Recreation 413 Sales Tax Revenue
Fund.
K. USER-BASED FEES - For services associated with a user fee or charge, the direct and indirect
costs of that service will be offset by a fee where possible.There will be an annual review of fees
and charges to ensure that fees provide adequate coverage of costs and services. User charges
may be classed as "full cost recovery," "partial costs recovery," and "minimal cost recovery,"
based upon City Council policy.
L. IMPACT FEES - Impact fees will be imposed for water, wastewater, and transportation in
accordance with the requirements of State law. The staff working with the particular impact fee
shall prepare a semi-annual report on the capital improvement plans and fees. Additionally, the
impact fees will be re-evaluated at least every three years as required by law.
M. GENERAL AND ADMINISTRATIVE CHARGES - A method will be maintained whereby the
General Fund can impose a charge to the enterprise funds for general and administrative services
(indirect costs) performed on the enterprise funds' behalf.The calculation will be based upon the
percentage of personnel time and other resources attributed to the Enterprise Fund by each
department of the General Fund. The details will be documented and said information will be
maintained in the Finance Department for review.
N. UTILITY RATES-The city will review utility rates annually and, if necessary, adopt new rates to
generate revenues required to fully cover operating expenditures, meet the legal restrictions of
all applicable bond covenants, and provide for an adequate level of working capital needs. This
policy does not preclude drawing down cash balances to finance current operations. However, it
is best that any extra cash balance be used instead to finance capital projects.
Revised: January 24,2023
El
0912612023 Item M.
O. PARKS AND RECREATION 4B FUND BALANCE-The Parks and Recreation 4B Fund Balance shall
be established to protect property tax payers from excessive volatility caused by the fluctuations
in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and
Recreation 4B Fund. The city's goal will be to maintain the Fund Balance at 25% of the annual
Parks and Recreation 4B sales tax budgeted revenue.
P. UTILITY FUND BALANCE-The Utility Fund shall maintain a Fund Balance to protect ratepayers
from excessive utility rate volatility. It may not be used for any other purpose. It will be funded
with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund
Balance at 90 days of budgeted expenditures.
Q. INTEREST INCOME - Interest earned from investment of available monies, whether pooled or
not, will be distributed to the funds in accordance with the operating and capital budgets which,
wherever possible, will be in accordance with the equity balance of the fund from which monies
were provided to be invested.
R. REVENUE MONITORING - Revenues actually received will be regularly compared to budgeted
revenues and variances will be investigated. This process will be summarized in the appropriate
budget report.
VII. EXPENDITURE CONTROL
A. APPROPRIATIONS - The level of budgetary control is the department level budget in the
General Fund,and the fund level in all other funds.When budget adjustments(i.e.,amendments),
among departments and/or funds are necessary these must be approved by the City Council.
Budget appropriation amendments at lower levels of control shall be made in accordance with
the applicable administrative procedures.
B. CONTINGENCY ACCOUNT EXPENDITURES - The General Fund Contingency Account will be
budgeted and approved by the City Council as a part of the budget process. The City Manager
must approve all contingency account expenditures.
C. VACANCY FUNDS—Savings from position vacancies will be reviewed as a part of the midyear
budget amendments and savings will be either allocated to other accounts by Council approval or
become unbudgeted funds to add to the ending fund balance.
D. CENTRAL CONTROL - Significant vacancy (salary) and capital budgetary savings in any
department will be centrally controlled by the City Manager.
E. PURCHASING -All purchases shall be made in accordance with the city's purchasing policies as
defined in the Purchasing Manual.Authorization levels for appropriations previously approved by
the City Council in the Operating Budget are as follows: Division Staff up to $1,000, for Directors
up to $3,000, for Purchasing up to $10,000.00, for Finance Director up to $15,000.00. The City
Manager can authorize expenditures over$15,000.00 with any purchases exceeding $50,000.00
to be approved by the City Council.
Revised: January 24,2023
El
0912612023 Item M.
F. PROFESSIONAL SERVICES - Professional services contracts will be coordinated through the
purchasing agent in compliance with statutory regulations.
G. CONTRACT AUTHORITY— By statute, contracts greater than or equal to $50,000.00 must be
approved by Council, after which either the Mayor or the City Manager may then sign any
necessary documents. By ordinance,contracts less than$50,000.00 may be authorized and signed
by the City Manager, provided there is an appropriation for such contract.Signature authority for
contracts equal to or less than$10,000 has been delegated by the City Manager to the Purchasing
Manager.
H. PROMPT PAYMENT-All invoices will be paid within 30 days of receipt in accordance with the
prompt payment requirements of State law. Procedures will be used to take advantage of all
purchase discounts where considered cost effective. However, payments will also be reasonably
delayed in order to maximize the city's investable cash, where such delay does not violate the
agreed upon terms.
I. INFORMATION TECHNOLOGY - Certain information technology acquisitions will be centrally
funded from the Information Technology Division. Acquisitions from this division may include all
related professional services costs for researching and/or implementing an information
technology project.Annual funding for replacements and for new technology will be budgeted in
the IS department with the exception of the Utility Fund. Additional funding above the base
amount may be provided for major projects with available one-time sources including debt
proceeds and/or grants.
J. PREPAID EXPENDITURES—Final determination of expenditure coding in the General Ledger will
be assigned to the Finance Department. Expenditure coding must remain consistent. Purchased
items must fit the description of the line item they are being charged to. Amounts of$10,000 or
more paid in advance or across budget years will be coded as prepaid items and charged to the
next budget year. Department Directors are responsible for budgeting and paying these items
accordingly.
Vill. ASSET MANAGEMENT
A. INVESTMENTS-The city's investment practices will be conducted in accordance with the City
Council approved Investment Policies.
B. CASH MANAGEMENT-The city's cash flow will be managed to maximize the cash available to
invest.
C. INVESTMENT PERFORMANCE-A monthly report on investment performance will be provided
by the Finance Director to the City Manager for presentation to the City Council.
D. FIXED ASSETS AND INVENTORY - These assets will be reasonably safeguarded, properly
accounted for, and prudently insured.
IX. FINANCIAL CONDITION AND RESERVES
Revised: January 24,2023
El
0912612023 Item M.
A. NO OPERATING DEFICITS-Current expenditures will be paid with current revenues. Deferrals,
short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves
will be used only for emergencies on non-recurring expenditures, except when balances can be
reduced because their levels exceed guideline minimums.
B. INTERFUND LOANS - Non-routine interfund loans shall be made only in emergencies where
other temporary sources of working capital are not available and with the approval of the City
Council.At the time an interfund loan is considered, a plan to repay it prior to fiscal year end shall
also be considered. A fund will only lend money that it will not need to spend for the next 365
days. A loan may be made from a fund only if the fund has ending resources in excess of the
minimum requirement for the fund. Loans will not be made from the city's enterprise funds
(Water/Wastewater, etc.), except for projects related to the purpose of the fund.Total interfund
loans outstanding from a fund shall not exceed 15%of the target fund balance for the fund. If any
interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement
resolution will be approved at the time the loan is authorized.
C. FUND BALANCE POLICY
1. Committed Fund Balance — The City Council is the City's highest level of decision-
making authority and the formal action that is required to be taken to establish, modify,
or rescind a fund balance commitment is a resolution approved by the Council at the City's
Council meeting. The resolution must either be approved or rescinded, as applicable,
prior to the last day of the fiscal year for which the commitment is made. The amount
subject to the constraint may be determined in the subsequent period.
2. Assigned Fund Balance — The City Council has authorized the City Manager as the
official authorized to assign fund balance to a specific purpose as approved by this fund
balance policy.
3. Order of Expenditure of Funds — When multiple categories of fund balance are
available for expenditure, the City will start with the most restricted category and spend
those funds first before moving down to the next category with available funds.
4. Minimum General Fund Unassigned Fund Balance—It is the goal of the City to achieve
and maintain an unassigned fund balance in the general fund equal to 25% of
expenditures. The City considers a balance of less than 20% to be cause for concern,
barring unusual or deliberate circumstances. If unassigned fund balance falls below the
goal or has a deficiency,the City will appropriate funds in future budgets to replenish the
fund balance based on a time table deemed adequate by the City Council.
5. Minimum Utility Fund Balance — The Utility Fund shall maintain a Fund Balance to
protect ratepayers from excessive utility rate volatility. It will be funded with surplus
revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund ending
Fund Balance at 90 days of budgeted expenditures.
6. Minimum Parks and Recreation 4B Fund Balance—The Parks and Recreation 413 Fund
Balance shall be established to protect property tax payers from excessive volatility
Revised: January 24,2023
El
0912612023 Item M.
caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be
funded with revenues of the Parks and Recreation 4B Fund. The City's goal will be to
maintain the Parks and Recreation 4B Fund ending Fund Balance at 25% of budgeted 4B
sales tax revenues.
D.RISK MANAGEMENT PROGRAM-The city will aggressively pursue every opportunity to provide
for the public's and city employees' safety and to manage its risks.
E. ENTERPRISE FUND SELF-SUFFICIENCY-The city's enterprise funds' resources will be sufficient
to fund operating and capital expenditures.The enterprise funds will pay(where applicable)their
fair share of general and administrative expenses, in-lieu-of-property taxes and/or franchise fees.
If an enterprise fund is temporarily unable to pay all expenses,then the City
Council may waive general and administrative expenses, in-lieu-of-property taxes and/or
franchise fees until the fund is able to pay them.The City Council may pay out-of-pocket expenses
that a fund is temporarily unable to pay with interfund loans,to be repaid at a future date.
X. DEBT MANAGEMENT
Debt Management is addressed in a separate Debt Management Policy.
XI. STAFFING AND TRAINING
A. ADEQUATE STAFFING - Staffing levels will be adequate for the fiscal functions of the city to
function effectively. Overtime shall be used only to address temporary or seasonal demands that
require excessive hours. Workload scheduling alternatives will be explored before adding staff.
B.TRAINING-The city will support the continuing education efforts of all financial staff including
the investment in time and materials for maintaining a current perspective concerning financial
issues. Staff will be held accountable for communicating, teaching, and sharing with other staff
members all information and training materials acquired from seminars,conferences,and related
education efforts.
XII. GRANTS FINANCIAL MANAGEMENT
A. GRANT SOLICITATION - The City Manager will be informed about available grants by the
departments and will have final approval over which grants are applied for.The grants should be
cost beneficial and meet the city's objectives.
B. RESPONSIBILITY- Departments will oversee the day to day operations of grant programs, will
monitor performance and compliance,and will also keep the Finance Department and Purchasing
informed of significant grant-related plans and activities. Departments will also report re-
estimated annual revenues and expenses to the Finance Department as needed. Finance
Department staff members will serve as liaisons with grantor financial management personnel,
will prepare invoices, and will keep the books of account for all grants. All goods and services
obtained through grants are subject to City purchasing policies and must be coordinated with the
purchasing agent.
Revised: January 24,2023
El
0912612023 Item M.
XII1. ANNUAL REVIEW AND REPORTING
A.These Policies will be reviewed administratively by the City Manager at least annually, and will
be presented to the City Council by the Finance Department for confirmation of any significant
changes.
B.The Finance Director will report annually to the City Manager on compliance with these policies.
Revised: January 24,2023
El
0912612023 Item N.
A
N Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Department: Purchasing Account Code: 470-5470-58150
Prepared By: Christopher Rodriguez
Subject I
Consider, and act upon, the approval of W2023-120-1 for Electrical Installation and Masonry Columns for East Meadow
Splash Pad to SDB Contracting Services Inc. in the amount of$132,012.59, through a cooperative purchasing contract with
BuyBoard(#581-19) and authorizing the City Manager to execute any and all necessary documents.
Recommendation I
Motion to approve the Item as presented.
Discussion I
The Parks and Recreation Department is seeking approval from City Council to award a contract to SDB Contracting Services
Inc. to install electrical to the restroom/mechanical room, install solar parking lot lights, and add masonry to the columns of
the pavilion and gateway structures.
This project will include adding six solar lights to the new addition of the parking lot. Currently there are four solar parking
at lights. These six will match the existing four, and will be installed upon completion of the new parking lot. In addition, a
olar security light will be installed at the entrance of the splash pad for a total of seven new solar lights. SDB Contracting
ervices will also be installing the masonry stone columns for the pavilion and gateway structures. The pavilion will have(4)
even-foot columns, and the gateway structure will have (2) seven-foot columns.
Staff recommends the award of W2023-120-1 for Electrical Installation and Masonry Columns for East Meadow Splash Pad
,o SDB Contracting Services Inc. in the amount of$132,012.59 as providing the best value to the City. The City is authorized
,o purchase from a cooperative purchasing program with another local government or a local cooperative organization
:)ursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and
)y doing so satisfies any State Law requiring local governments to seek competitive bids for items.
Wylie W2023-120-FBuyBoard 581-19
93
l
09/26/2023 Item O.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Purchasing Account Code: 470-5470-58150
Prepared By: Christopher Rodriguez
Subject I
Consider, and act upon, the approval of W2023-119-1 Electrical Installation and Fabric Shade Structure for Community Park
Splash Pad to SDB Contracting Services Inc. in the amount of$143,686.55, through a cooperative purchasing contract with
uyBoard(#581-19) and authorizing the City Manager to execute any and all necessary documents.
Recommendation
Motion to approve the Item as presented.
Discussion I
The Parks and Recreation Department is seeking approval from City Council to award a contract to SDB Contracting Services
Inc. to install electrical to the restroom/mechanical room,install security light, and installation of a fabric shade structure.
This project will include running electrical to the restroom/mechanieal room and adding a security light at the splash pad.The
security light will be powered and not solar lighting. In addition, SDB Contracting Services will be installing a fabric shade
structure to the splash pad.
Staff recommends the award of W2023-119-I Electrical Installation and Fabric Shade Structure for Community Park Splash
Pad to SDB Contracting Services Inc. in the amount of$1.43,686.55 as providing the best value to the City. The City is
authorized to purchase from a cooperative purchasing program with another local government or a local cooperative
organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government
Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items.
Wylie W2023-119-1/BuyBoard#581-19
09/26/2023 Item P.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Subject
Consider,and act upon,the approval of a request to renovate an existing commercial structure,located at 105 W.Jefferson
within the Downtown Historic District.
Recommendation
Motion to approve the Item as presented.
OWNER: Robert Heath APPLICANT: Robert Heath
The Owner/Applicant proposes to make major renovations to the exterior facade as well as interior changes to
accommodate an Office Use and a T-Shirt Shop on the subject property. The plans indicate new paint colors, removing
and adding new windows and doors,replacing fire escape, added color bands at parapet and signage, and a wood fence to
match existing. New windows will be aluminum.
History of property
According to available records, the building was constructed in 1924. Owners have included: Wylie Methodist Church,
Wylie Bible Church, and current owner Robert Heath.
A Replat was approved in 2013. that combined three separate lots into a single lot to allow for expansion of a worship
center.
In 2022, a Replat was approved to separate the property and create Lot 26R-2 (105 W. Jefferson).
If approved, the owner plans to begin work as soon as possible and be completed within 3 -6 months.
HRC Discussion
The Commissioners discussed the colors at length,and voted 7-0 to recommend approval with the following color scheme:
• Band/striping: G6-6 Chimney PPU25-22 (smokey ink color)
• Primary Wall: W2-7 Shoelace OR-W 13 (off white with a dusty yellow-beige cast)
• Arch Wall: G6-3 Dark Storm Cloud 740E-4 (a complex gray with a blue-green undertone)
• Archway inside trim: G6-6 Chimney
El
a
co
N
.. ..........
N
O
N
O
09/26/2023 Item P.
105 Jefferson Street
PARfFjE
22'-0"
IT _ LEVEL 02
"
P-4
East Elevation South Elevation
118"=1'-V
�i MRAPET/
22 0"
F—
�6 � LEVE_L_02
10' 0"
k_
r—
North Elevation West Elevation
1l81,=1'-01,
09/26/2023 Item P.
105 Jefferson Street
Added
a t ad
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a"1 �}
i a t t 1 I Y
Added l a a 1 a t a 1€
F ld ;Y iv
door L L,.u® —a �
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v
Added door
I I 1 1 1 ci @ I tl
6 3 3.0 m�mme°-5112' 2-01 2-0 13°-01/2
35"�9° �`"9°_p�
N
®C
Level 01
Floor Plan
are^=V-T
98
09/26/2023 Item P.
105 Jefferson Street
35'.0'
35'-0
a
I I I
2 0' 2'-0' 12`-8'
mmmm- ��-
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35' 0"
N
(11)
Level 02
0912612023 Item P.
105 Jefferson Street
35' 0'
21'-4'
Fr--:4-
UP
li"M
ao
2 0® 12'-6'
351-01
Level 01
0912612023 Item P.
105 Jefferson Street
35-91
V a- 14' 9' 4�.-1" 4'.1
Added window Added wmdm14
ca
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door&Mairca se
1 T 8 Ile Z-O� Z.W 1 3'-0 Iff
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Level 02
Floor Plan
118"=V-0,
El
09/26/2023 Item P.
105 W Jefferson additions or alterations
Exterior
i) I new downstairs exterior door facing
ii) Two upstairs windows
iii)Alteration to downstairs windowsfacing
i "Hidden," i visible
i) Alteration to emergency exitwindow
ii) Potential exterior ladder for rooftop access
iii Alteration it iside
facing
c
i) New emergency egress, landing and stairs withadditional
balcony area
ii) Slight alteration to its door (left to right swing)
towards alley vs towards church)
iii)Visible security (visible
Alterationst floor windowdoors
i) Gas line going over building
iiielectrical
Entire
i) New paint color
i
iii)Visible security (visible
102
0912612023 Item P.
2) Interior 1st floor
a) Removal of walls (offices turned to open space)
b) Removal of drop ceiling
c) Original offices that do remain drop ceiling turned to drywall or
bead board
d) Bathrooms
i) Shower added to original private office bath
ii) Urinal removed from ADA bath
iii) 2 nd commode removed from employee bath
iv)All trades, electrical, plumbing, mechanical updated to todays
code.
v) All windows updated to todays code (low E tempered glass)
vi) Insulation better than minimum code standards
vii) Removal of interior door connecting l't and 2 nd floor
3) Interior 2 nd floor
i) Walls removed for open space
ii) Drop ceilings removed in remaining offices
iii) Drywall ceilings to replace removed drop ceilings
iv) No change to bathrooms
v) All trades, electrical, plumbing, mechanical updated to todays
code
vi)All windows ypdated to todays code
vii) Insulation better than minimum code standard
viii) Alteration of some office doors from wood to glass
012612023 Gm P.
m� .
\ ��\
09/26/2023 Item Q.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat of Moncada Addition, Lot 1, Block A establishing one lot on 0.59 acres in the City o
Wylie Extra Territorial Jurisdiction,property located at 1202 Troy Road.
Recommendation
Fotion to approve the Item as presented.
Discussion
OWNER: Ida Moncada APPLICANT: Verizon Wireless
The applicant is proposing to create one lot measuring 0.59 acres located outside of the City limits within the City of Wylie
Extra Territorial Jurisdiction at 1202 Troy Road.
The purpose of the plat is to create one lot from an unplatted parcel of land for the development of a telecommunications
tower.
The plat shall dedicate 50' of Right of Way for Troy Road and for E. Stone Road.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to
additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 21.2, Section 212.0091 of the Texas Local Gov't Code.
P&Z Discussion
The Commission voted 6-0 to recommend approval.
105
09126 020237/t,,7Q.]
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SURVEYOR'S NOTES
M.yor CAy of WAIN, T D+ C o 09 of once u,
a DRF%F 0 202 e Os e e 2, ..on.a g 6 8.26 o r 1.OF acres o o,,nor o ess. c 11
B p9 I—Ie Soi th Ce�t a State 0 anel Wo d note,U. A..EPT.LT E
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y SI—FOP o tie Cty o,ASIR, y 4'A ' ED n El°E'
9 0 i @ oek A M. VUPPOSE THE I'nUP,PGSE OF THIS V'LA'1' E 3
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N FACTOR t AT TRACT NO,FOP
_ COLLIN COUNTY TEXAS" C
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ON
NUJ
0912612023 Item R.
IAI
f'V Wylie City Council
C ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, Ordinance No. 2023-45 for a change in zoning from Agricultural (AG/30)to Commercial Corridor -
Special Use Permit (CC-SUP) on 0.821 acres to allow for Drive-Through Restaurant. Property located at 2009 N. State
Highway 78 (ZC 2023-13).
otion
to approve the Item as presented.
Discussion I
On September 12,2023 City Council approved the writing of an ordinance for a change in zoning from Agricultural(AG/30)
to Commercial Corridor - Special Use Permit (CC-SUP) on 0.821 acres to allow for Drive-Through Restaurant. Property
located at 2009 N. State Highway 78 (ZC 2023-13).
Final approval of Zoning Case 2023-13 requires the adoption of the Ordinance to amend the zoning accordingly in the Official
Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective
date.
The subject Ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (Zoning Exhibit), and Exhibit C
(SUP Conditions) are included and made a part of this Ordinance.
The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive
Zoning Ordinance of the City, as amended herein by the granting of this zoning classification.
09126120231tem R.
ORDINANCE NO. 2023-45
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2023-13,
FROM COMMERCIAL CORRIDOR (CC) TO COMMERCIAL CORRIDOR -
SPECIAL USE PERMIT (CC-SUP), TO ALLOW FOR A RESTAURANT WITH
DRIVE-THRU USE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,
Texas, in compliance with the laws of the State of Texas with reference to the amendment of the
Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after
holding due hearings and affording a full and fair hearing to all property owners generally and to owners
of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive
Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION l: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the
same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Commercial Corridor - Special Use Permit (CC-SUP),
said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all
purposes.
SECTION 2: That Special Use Permit Conditions and a Zoning Exhibit are an integral
component of the development of the property and are attached as Exhibits B and C,respectively.
SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4: That the above described property shall be used only in the manner and for the
purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or
the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is
hereafter amended.
SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a
whole.
Ordinance No. 2023-45 Dutch Bros SUP Page 1 of 2
108
09126120231tem R.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time
of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas, this 26t'
day of September, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBLICATION: October 4,2023 in The Wylie News
Ordinance No. 2023-45 Dutch Bros SUP Page 2 of 2
109
0912612023 Item R.
LEGAL DESCRIPTION
0.821 Acres
Francisco De La Pina Survey,Abstract No. 688
City of Wylie
Collin County,Texas
SITUATED in the City of Wylie, in the Francisco De La Pina Survey,Abstract No. 688 of Collin
County, Texas and being part of that certain called 3.15 acre tract of land described as "Tract 2" in a
deed to Upwind Capital Partners, LLC, recorded in Document No. 20160223 000207210, Deed
Records, Collin County,Texas (D.R.C.C.T.) and said parcel of land being more particularly described
by metes & bounds as follows:
BEGINNING at a 5/8 inch iron rod, topped with a yellow plastic cap, stamped "RPLS 5587", found
on the south right-of-way line of State Highway 78 (a variable width right-of-way) for the northeast
corner of the above described 3.15 acre Upwind Capital Partners tract and same being the northwest
comer of Lot 1, Block A of Shahi Group Addition, an addition to the City of Wylie, according to the
plat thereof, recorded in Volume 2006, Page 486, Plat Records, Collin County, Texas (P.R.C.C.T.);
THENCE: South 00 deg. 48 min. 34 see. West, departing from said State Highway 78, along the
common line of said 3.15 acre tract and said Lot 1, Block A of Shahi Group Addition, a distance of
350.67 feet to a 1/2 inch iron rod,topped with a red plastic cap, stamped "RPLS 4701", set for the
southeast comer of this hereinafter described parcel of land, from which a 3/4 inch iron rod found at
the southeast comer of said 3.15 acre tract bears SOO deg. 48 min. 34 sec. West—305.74 feet;
THENCE: North 89 deg. 11 min. 26 sec. West, departing from said common line, over& across said
3.15 acre tract, a distance of 102.00 feet to a 1/2 inch iron rod,topped with a red plastic cap, stamped
4-RPLS 4701", set for the southwest comer of this parcel of land;
THENCE: North 00 deg. 48 min. 34 see. East, continuing across said 3.15 acre tract, a distance of
350.90 feet to a 1/2 inch iron rod, topped with a red plastic cap, stamped "RPLS 4701", set on the
north line of said 3.15 acre tract and the south right-of-way line of the above described State Highway
78, for the northwest corner of this parcel of land;
THENCE: South 89 deg. 03 min, 41 sec. East, along the common line of said 3.15 acre tract and said
State Highway 78, a distance of 102.00 feet to the POINT OF BEGINNING and containing 35,780
square feet or 0.821 acres of land.
Prepared Under My Hand& Seal, F
This 16'hDay of June, 2023.
•
C Y
Q
L. H. RINGLEY
4701 --*
Lawrence H. Ringley, L.S. R.SS
State of Texas,No. 4701
El
09126120231tem R.
EXHIBIT "B"
CONDITIONS FOR PLANNED DEVELOPMENT
WYLIE -DUTCH BROS TX1808
SUP 2023-13
I. PURPOSE:
This Planned Development District shall be established to provide Commercial use, including restaurant w/
drive thru to support the economic growth within the region.
IL GENERAL PROVISIONS:
1. This :Planned Development District shall not affect any regulations within the Code of Ordinances, except
as specifically provided herein.
2. This Planned Development District shall not affect any regulations of the Commercial Corridor District
(CC)set forth in Article 4, Section 4.1,of the Comprehensive Zoning Ordinance(adopted as of June 2023)
except as specifically provided herein.
III. SPECIAL CONDITIONS:
1. All allowed uses in the Commercial Corridor District(CC), as set forth in Article 5 of the Comprehensive
Zoning Ordinance(adopted as of June 2023), in addition to those listed in this paragraph shall be allowed
by-right uses.
a. Restaurant with Drive-in or Drive-through Service
2. The subject property shall be developed in conformance with all regulations of the Commercial Corridor
Zoning District set forth in, Section 4.3, and Section 5.2 of the Zoning Ordinance (adopted as of June
2023) in every respect with exception to the uses indicated in Section III.1, above, and the following:
a. Remove the maximum parking requirement.
• Due to the small building footprint of a Dutch Bros store, the maximum parking is reached
quickly. There are typically 10 shift employees. A 950 square foot building would only allow
for 9 parking spaces.
3. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan or the Dutch Bros Coffee Development.
Approval of the SUP shall act as site plan approval.
El
09126120231tem R.
NORTH STATE HIGHWAY NO. 78
(Variable width Right-of--way)
TOP m Imee
ELF N°�1-5T5.85 VOL.o.RS 2) 36°RCP(E Tg.99 E=525.42 EL=5305T5.3]
36'RCP V CTY OF RCP WriE 36'
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t=525.95 asement f=522.20
32
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Doc.No.2022000153615 I• ( O 11 Lu n� pJ + 13 SITE DATA TABLE
D.R.C.C.T. i N "-
t APORTION OFTRACT2
ENGINEER
LOT SIZE 0.821 ACRES
I' I ® 35,780.29 SF sons
z
• co k mi e ',' EXISTING ZONING CC
a ) a
1 N UPWIND CAPITAL PARTNERS, LLC of "` { PROPOSEDZONING CC(SUP) court°O; e O ouand
Tract 2 315 Ac. �n ARCHITECT
D.O. No 20160223000207210 BUILDINGHEIGHT 24'
nl
S 89'33'1 9" E 1 I o DR C.C.T, 20 ss_ e oo V d s to 112
1 135,319 S Feet USE/BUILDING AREA si.I ea as
9-92' 1 z q' ( "°
1 3.107 Acres rol b 1 RESTAURANT 950 SF urn ois Edoc o
REQUIRED PARKING RIngl SL RVEVOR
RESTAURANTWJ DRIVE THRU ,Inc
o ) In (1PER150S-F.) 7 SPACES Mwe SAIE)542-ttss
1 is 2 tl
crass 2< � { I PARKING PR c0mncl(6 ,,
OVIDED 12 SPACES "" e`er
{ PROVIDED PARKING RATIO 1/80 DEVELOPER
"I ink c uP LLC.
GRACELAND HOLDINGS,LLC l HANDICAP REQUIRED 1 SPACES a..sac Ios
Caned 8.037 Acres { �h HANDICAP PROVIDED 1 SPACES nr T T..a
Doc.No.20780913001152430 I ruAI,uu ANA"Au 'OR I E"" 1 r'L root r )
D.R.C.C.7. E nNISH FLOOR wnu i 60 BUING COVERAGE 2.66% aae.o vane
p�1 =53au I 1 LAN DSLDICAPE AREA REQUIRED 7,156 SF-20%
awl o LANDSCAPE AREA PROVIDED 9,469 SF-26.5%
PARKING PROVIDED TOTAL INCLUDES HC PARKING
2 1
wan row (2
Iz ( LOT 1, BLOCK A
PA I e r i SHAH I GROUP ADDITION
cxt
sc o Vol.206.P PT T.486 STOP_
P.R.C .
CALL BEFORE YOU DIG
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=uavoses. AkY1.71S,"I'FXAS
112
09126120231tem R.
STATE HIGHWAY NO. 78
(Voriable Ndth Right of—way) LANDSCAPE NOTES GENERAL LAWN NOTES
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a ) ssos�. MAINTENANCE NOTES sus
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AND ca.v mecrvo 'iN,*cxas
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A O AN ILIDLIPPINA
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of M I m
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0
Tract 2 — 3-15 Ac- ns' su -
Uoc. No.2D R C C 30 00207 21 0 O"
D.t2-GC.i'. _ o I a Ora r via
w s
135,819 Sq, poet sl a
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eG ATKPP,aN1t ,ETDREv
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PT SIONOL, OOTgNCPINAME COPIMON NAME a,v 11—Ks a.e,2 nz,asskrq maceu
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I LOT 1, BLOCK A Oa v Dsmyrd, r�c.EE�cr« oeore ed�aNM xo u muameu trw,.w.ar.Nna<r,ae.o .rn ,-.,,,a rs N.v
soo soo ..D,
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- SNIAHI GROUP.ADDITION
Vot
^ : --P g 486
PRCCT- ALL HEaurs AND SPRAIDR ARE MINIMUMS,ALL PLANT MATERIAL RNALM - NceED REMARKS As INSINATHEL wn
ae r 1.11, I m48aa
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AN Fl L-,nax oN or morn n o eq.rr.spaaa.
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El
09126120231tem R.
TREE PLANTING DETAIL LEGEND
AND NOTES
AAA AN sn v � �K ��� d,,,a ��`�••� �a. .�w HEM U<<
"-an!. ": :� ., I Nll,�_,
11
All
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01 TREE PI.ANTIN6 DETAIL qs Ae Room oo nor
CRO SS ENGIn ��nsc��PI ,Pl:,(zzIC>i>�>wAtinD1,. � a
CONSULTANTS `
464E Nc M Cw&al Env ,� " a
Sys ry BELLE aroam �9 UICHBRO S iklaos I 1 02
wir..T.—72M
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tiE1`� raaesna2 ,a�, s s n:�; � �� .N� .,� "enEze _.
6 s xTu I.,li no..r: ozn.z3 WYLIL.,THXAS...
El
09126120231tem R.
EXTERIOR FINISH SCHEDULE-ALTERNATE vw/CANOPY
a® t k IDTAG MATE MODEL REMARKS
x.,.sn n A xK ii U TCk R OS
L
'..
�ztror
sx scoATSTuccorNsx�. IvcxxnLw—Ar. eLonl:AoosTaNecrvtTUl:eosTONesel�EseaEFNsxeoleEll vENEEaeAIVFFSPRxusaFFsroNcscREs �,icexnrAx�nnxxER.s ain°atn.E
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coaaLlc,�Lc.
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zox srn
i w s E cRUC rcroL ENUI m
� h9 ., n^ STRUCTURAL EfVt'xINEER.
R e soFFi x axsLsen�uts. AALnaa'xw srfRry .......� ran 7.sx s JAMES.0 KREHER
vrs.ary xvnoA _�.�_ _eniicw ��,w><rwzs�,ere s rc
MEP ENGINEER
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a
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4 ;.ILL m�a f ,NORTH-ORIVETHIU WINOONl ELEVATION `S
B sn a cc:� 3"EAST REAR ELEVATION I
u xrc vax<ranaum rears unrss ee"r.ry eanusiucx,uaccs II `-,
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ISSUED FOR PERMIT:
06.15.2023
�wi, «ram
Cr�o
ay o
s
y i ca
,N"x
as
1 T —
aors
ET
BUILDING ELEVATIONS
C# oQ �1l:" *' E"FJ•-.: xa�w.uMsv.�
Is y a /:� VVI SOUPA_WALK-UP NGOt ELEVATION
W ELEVATN ��a,WEST_FRONT EUEVAnON /
/♦�\ .1
I-
El
09/26/2023 Item S.
IAI
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider,and act upon,a Final Plat of Wylie Retail Office Park,Lot 2R,Block A,being a Replat of Lots 2 and 31 Block A o
Wylie Retail Office Park, establishing one commercial lot on 2.595 acres,generally located at 2045 N. State Highway 78.
Recommendation
Motion to approve the Item as presented.
Discussion
OWNER: Chang Chuan Ye APPLICANT: Triangle Engineering
The applicant has submitted a Replat to create Lot 2R,Block A of Wylie Retail Office Park.The property is generally located
at 2045 N. State Highway 78. The purpose of the plat is to combine Lots 2 and 3, Block A of Wylie Retail Office Park for
the development of a multi-tenant retail building.
This plat is dedicating Right of Way for the future widening of Kreymer Lane and relocating an existing access and utility
easement.
Access to the site is provided by an existing driveway that connects to Kreymer Lane and to the adjacent properties to the
north and west.
The site plan for Lot 2R,Block A of Wylie Retail Office Park was approved by P&Z in.September 2023.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to
additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code.
P&Z Discussion
The Commission voted 6-0 to recommend approval.
116
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0912612023 Item T.
IAI
f'V Wylie City Council
C ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, Ordinance No. 2023-46 for a change in zoning from Commercial Corridor (CC) to Commercial
Corridor- Special Use Pen-nit(CC-SUP) on 1.985 acres to allow for Automobile Repair Major use. Property located north of
451 Westgate Way(ZC 2023-12).
otion to approve the Item as presented.
Discussion I
On September 12,2023 City Council approved the writing of an ordinance for a change in zoning from Commercial Corridor
(CC) to Commercial Corridor - Special Use Permit (CC-SUP) on 1.985 acres to allow for Automobile Repair Major use.
Property located north of 451 Westgate Way(ZC 2023-12).
Final approval of Zoning Case 2023-12 requires the adoption of the Ordinance to amend the zoning accordingly in the Official
Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective
date.
The subject Ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (SUP Conditions), and Exhibit C
(Zoning Exhibit)are included and made a part of this Ordinance.
The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive
Zoning Ordinance of the City, as amended herein by the granting of this zoning classification.
09/26/2023 Item T.
ORDINANCE NO. 2023-46
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2023-12,
FROM COMMERCIAL CORRIDOR (CC) TO COMMERCIAL CORRIDOR -
SPECIAL USE PERMIT (CC-SUP), TO ALLOW FOR AN AUTOMOTIVE
REPAIR, MAJOR USE; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE;PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,
Texas, in compliance with the laws of the State of Texas with reference to the amendment of the
Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after
holding due hearings and affording a full and fair hearing to all property owners generally and to owners
of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive
Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION l: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the
same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Commercial Corridor - Special Use Permit (CC-SUP),
said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all
purposes.
SECTION 2: That Special Use Permit Conditions and a Zoning Exhibit are an integral
component of the development of the property and are attached as Exhibits B and C,respectively.
SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4: That the above described property shall be used only in the manner and for the
purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or
the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is
hereafter amended.
SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a
whole.
Ordinance No. 2023-46 Texas Collision Center SUP Page 1 of 2
H
09/26/2023 Item T.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time
of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 26th
day of September, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBLICATION: October 4,2023 in The Wylie News
Ordinance No. 2023-46 Texas Collision Center SUP Page 2 of 2
120__
09/26/2023 Item T.
Exhibit "A"
Legal Description
Being 1.985 acres on all of Tract 25 of the EC Davidson Survey A0266.
El
09/26/2023 Item T.
Texas Collision Center
EXHIBIT "B"
Conditions For Special Use Permit
I. PURPOSE:
The purpose of this Special Use Permit is to allow for an automobile collision
repair center use classified as Automobile Repair, Major.
II. GENERAL CONDITIONS:
1. This Special Use Permit shall not affect any regulations within the Zoning
Ordinance (adopted as of June 2023), except as specifically provided
herein.
2. The design and development of the development shall take place in
general accordance with the Zoning Exhibit (Exhibit C).
III. SPECIAL CONDITIONS:
1. The development shall provide a wooden board on board 8' tall screening
fence with tree plantings every 30' - 40' apart.
Page 1 of 1
122_
09/26/2023 Item T.
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09126120231tem U.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: Police Account Code:
Prepared By: Anthony Henderson
Consider,and act upon, a First Amendment to Interlocal Cooperation Agreement for Jail Services between the City of Wylie
and the City of Farmersville, and authorizing the City Manager to execute any necessary documents.
MotionRecommendation 9
to approve the Item as presented.
Discussion I
The purpose of the First Amendment to Interlocal Cooperation Agreement for Jail Services with the City of Farmersville is
o update Section 3.01 (Jail Fees).
The ILA will outline compensation for service rendered to this agency by the Wylie Jail.
126
0912612023 Item U.
First Amendment,to Interlocal Coo eration Agreement for Jail Services
This First Amendment to Interlocal Cooperation Agreement("First Amendment") is entered into
by and between the City of Farmersville, Texas, a home-rule municipality ("Farniersville") and the City
of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to
herein as a"pA*"or collectively as the "Im�ies.lv
RECITALS:
The parties entered into that certain Interlocal Cooperation Agreement dated January 12, 2022,
which is incorporated herein by reference for all purposes ("Q "), and together
with this First Amendment, (the "Agreemen "), wherein Agency contracted with Wylie to obtain
jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of
persons arrested by the Farmersville Police Department.
2. The parties desire to amend the Original Agreement as set forth in this First Amendment and to
otherwise agree as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions
hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows:
Section 1: Amendment to Original Agreement,Section 3.01 (Jail Fees):
Section 3.01 (Jail Fees)of the Original Agreement is hereby amended to read as follows:
"3.01 Jail Fees
Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by
Agency regardless of the detainee's length of stay("Detainee Fee"). The amount of the Detainee
Fee shall be established by administrative order of the Wylie City Manager on an annual basis for
each ensuing fiscal year based upon the projected costs of services; provided,however,the initial
Detainee Fee shall be one hundred twenty-five dollars($125.00)per detainee for the first 24 hour
period in custody. Each additional 24-hour period will constitute a separate day and an additional
one hundred twenty-five dollars ($125) per detainee will be charged until changed by
administrative order of the Wylie City Manager as provided herein. Any increase or change in the
amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th)
day after Wylie provides written notice thereof to Agency("N�qtiqe of�Fec Inqcreasg")unless Wylie
receives written notice to terminate this Agreement from Agency prior to the expiration of such
forty-five(45)day period."
Section 2: Defined Terms
Any term not defined herein shall be deemed to have the same meaning ascribed to it under the Original
Agreement.
127
l
0912612023 Item U.
Section 3: Ratification
The parties hereby ratify and confirm all of the terms,provisions, covenants and conditions of the Original
Agreement and acknowledge and agree that the Original Agreement remains in full force and effect,except
as amended in this First Amendment.
Section 4: Controlling Agreement
To the extent that any provision contained herein conflicts with the Original Agreement, the provision
contained herein shall supersede such conflicting provisions contained in the Original Agreement.
Section 5: Entire Agreement/First Amendment
This First Amendment and the Original Agreement contain the entire agreement of the parties with respect
to the matters contained herein.This First Amendment may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties hereto.
Section 6: Authority to Execute
The individuals executing this First Amendment 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 First Amendment 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 First Amendment in order for the
same to be an authorized and binding agreement on the party for whom the individual is signing this First
Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the Effective Date.
Section 7: Counterparts
This First Amendment may be executed in a number of identical counterparts, each of which shall be
deemed an original for all purposes, and all such counterparts shall, collectively, constitute one First
Amendment. An electronic mail or facsimile signature will also be deemed to constitute an original if
properly executed and delivered to the other party.
IN WITNESS WHEREOF, the parties have executed this First Amendment and caused this First
Amendment to be effective when all the parties have signed it. The date this First Amendment is signed
by the last party to sign it (as indicated by the date associated with that parry's signature below) will be
deemed the effective date of this First Amendment.
City of Wylie, Texas
By: Date:
Print Name: Brent Parker
Title:City Manager,
< o1g2zemd Gm U.
Agency: }-an: 2pTxs
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El
09/26/2023 Item 1.
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, Ordinance No. 2023-47 of the City of Wylie, Texas, amending Wylie's Code of Ordinances,
Ordinance No. 2021-17, as amended, Chapter 78 (Parks and Recreation), Article VHI (Planting, Maintaining Trees, Shrubs
on Public Property), Section 78-256(b)(3)a. (Adjacent Landowner Responsibility); increasing the required clearance height
of trees and shrubs that extend over the curb line;providing for repealing, savings and severability clauses;providing for an
effective date of this ordinance; and providing for the publication of the caption hereof.
7otion to approve the Item as presented.
Discussion
The City Ordinance allows property owners to plant shrubs and trees along a
street in an area that is adjacent to their property but in the public ROW, an
example of which is shown as the highlighted area in the aerial. However,
the ordinance does require the property owner to maintain any trees or shrubs
that are in that area.
}4%
�se
While this ordinance is overall beneficial as it creates an aesthetically '
improved streetscape and can reduce temperatures by shading the concrete,
there can be an issue with low overhanging trees. Staff is recommending an � `�
amendment to Section 78-256(b)(3)a. of the City of Wylie Code of
Ordinances to increase the clearance height from 13' to 15'. The amendment
is recommended to afford clearance of certain public service vehicles, such
as utility and fire trucks.
The amendment only affects trees that overhang the street itself and nothing
within the private property.
The amended ordinance will read as follows:
(3) Create a traffic hazard.
a. Property owners must maintain a clear space of eight feet above the surface of a sidewalk and 1 S feet above the
curb line of an adjacent street.In any event, no tree, shrub or other landscaping shall interfere with the free passage
of vehicles on the street or of pedestrians on the sidewalk or obscure the view of motor vehicle operators of any
traffic-control device or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times
comply with city rules, regulations and ordinances.
09/26/2023 Item 1.
ORDINANCE NO. 2023-47
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S
CODE OF ORDINANCES,ORDINANCE NO.2021-17,AS AMENDED,CHAPTER
78 (PARKS AND RECREATION), ARTICLE VIII (PLANTING, MAINTAINING
TREES, SHRUBS ON PUBLIC PROPERTY), SECTION 78-256(B)(3)A.
(ADJACENT LANDOWNER RESPONSIBILITY); INCREASING THE
REQUIRED CLEARANCE HEIGHT OF TREES AND SHRUBS THAT EXTEND
OVER THE CURB LINE; 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 Council of the City of Wylie, Texas ("City Council") has investigated and
determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to increase the clearance
height of trees and shrubs in the public right-of-way; and
WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to
regulate said clearance height; and
WHEREAS,the City Council has found that it would be advantageous and beneficial to the citizens
of Wylie to adopt said amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 78 (Parks and Recreation), Article VIII (Planting,
Maintaining Trees, Shrubs on Public Property), Section 78-256(b (�3)a. (Adjacent Landowner
Responsibility)of the Wylie Code of Ordinances.Chapter 78(Parks and Recreation),Article VIII(Planting,
Maintaining Trees, Shrubs on Public Property), Section 78-256(b)(3)a. (Adjacent Landowner
Responsibility) of the Wylie Code of Ordinances; is hereby amended to increase the required clearance
height of trees and shrubs that extend over the curb line from"13 feet"to"15 feet" as follows:
"Sec. 78-256. -Adjacent landowner responsibility.
(3) Create a traffic hazard.
a. Property owners must maintain a clear space of eight feet above the surface of a sidewalk
and 15 feet above the curb line of an adjacent street. In any event, no tree, shrub or other
landscaping shall interfere with the free passage of vehicles on the street or of pedestrians
on the sidewalk or obscure the view of motor vehicle operators of any traffic-control device
or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times
comply with city rules,regulations and ordinances.
Ordinance No.2023-47 Tree and Shrub Height Page 1 of 2
El
09/26/2023 Item 1.
SECTION 3: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from
being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions
of said ordinances shall remain in full force and effect.
SECTION 4: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie
hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional or invalid.
SECTION 5: AMENDMENTS. For clarity in reading amendments to the Wylie Code of
Ordinances,any language intended to be added to the code may be underscored in the amending ordinance,
and any language intended to be deleted from the code may be placed in brackets and stricken through.
These markings,when used,and the deleted portions shall be removed when amendments are printed in the
code.The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26"
day of September, 2023.
Matthew Porter,Mayor
ATTESTED AND CORRECTLY
RECORDED:
Stephanie Storm, City Secretary
Date of publication: October 4,2023 in The Wylie News
Ordinance No. 2023-47 Tree and Shrub Height Page 2 of 2
132
09/26/2023 Item 2.
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, Ordinance No. 2023-48 releasing a portion of the City of Wylie's Extraterritorial Jurisdiction,
consisting of a 0.697-acre tract of land located in the Hunters Glen Addition,Lot 1,Blk 1,located at 101 Hunters Glen Drive.
Recommendation
Motion to approve the Item as presented.
Discussion
n the 88th regular session of the Texas Legislature in 2023, Senate Bill 2038 created the ability for property owners to petition
municipality to be released from that municipality's extraterritorial jurisdiction(ETJ).The law requires the petitioner supply
certain information and the City Secretary to verify that information. Once the petition has been verified,the governing body
City Council)must act on the petition, and as long as all requirements are met as set forth in Sec 42.104 of the Texas Local
Government Code, approve the release as required by Sec 42.1.05.
The City Secretary received a petition for the release of Lot 1, Blk 1, of Hunters Glen Addition(101 Hunters Glen Drive)in
Dallas County. The property is located approximately 3/4 of a mile south of the City limits down Vinson then Whitley Roads.
After reviewing and verifying the petition, City staff has prepared an Ordinance (attached) to release the property from the
TJ as requested.
taff recommends approval of the Ordinance.
133_
09/26/2023 Item 2.
ORDINANCE NO. 2023-48
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
RELEASING A PORTION OF THE CITY OF WYLIE'S EXTRATERRITORIAL
JURISDICTION,CONSISTING OF A 0.697±ACRE TRACT OF LAND LOCATED
IN THE HUNTERS GLEN ADDITION, LOT 1, BLK 1, DALLAS, DALLAS
COUNTY, TEXAS, GENERALLY LOCATED AT 101 HUNTERS GLEN,
DALLAS,DALLAS COUNTY, TEXAS,AND CONTRACTING THE BOUNDARY
LIMITS OF THE CITY OF WYLIE'S EXTRATERRITORIAL JURISDICTION
ACCORDINGLY; PROVIDING A SAVINGS/ REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Rosser P. Miller, III ("Landowner") is the sole owner of real property within that
certain area of land consisting of 0.697± acres located in the Hunters Glen Addition, Lot 1, Blk 1, Dallas,
Dallas County, Texas; and
WHEREAS,the Landowner submitted a Petition to the City of Wylie,Texas("Wylie"),requesting
a release of the Property from Wylie's extraterritorial jurisdiction, a copy of which is attached hereto as
Exhibit A; and
WHEREAS, the Landowner's Petition satisfies the requirements set forth in Texas Local
Government Code Section 42.103; and
WHEREAS, the City Council has investigated and determined that it would be advantageous and
beneficial to Wylie and its citizens and the Landowner to release the Property from Wylie's extraterritorial
jurisdiction under the authority of Chapter 42 of the Texas Local Government Code, including Section
42.023 and Section 42.103 of the Texas Local Government Code, and the Wylie City Charter; and
WHEREAS, the City Council finds that Wylie has complied with all requirements for the
consideration and adoption of this Ordinance pursuant to Chapter 42 of the Texas Local Government Code
and the Wylie City Charter; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and other
requirements for releasing the Property from Wylie's extraterritorial jurisdiction have been performed and
completed in the manner and form required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Property Released from Extraterritorial Jurisdiction. The Property is hereby
released from Wylie's extraterritorial jurisdiction, and the boundary limits of Wylie's extraterritorial
jurisdiction are contracted accordingly. The City Manager and/or his designee shall take all necessary steps
to amend the official map of Wylie to show that the Property is released and removed from Wylie's
extraterritorial jurisdiction. No other release of or reduction in Wylie's extraterritorial jurisdiction is
intended except as expressly set forth in this Ordinance. A certified copy of this Ordinance shall be filed
in the County Clerk's Office of Collin County, Texas.
Ordinance No. 2023-48 Releasing ETJ @ 101 Hunters Glen Page 1 of 2
134_
09/26/2023 Item 2.
SECTION 3: Savin sg /Repealing. All provisions of any ordinance in conflict with this Ordinance
are hereby repealed to the extent they are in conflict,but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The
City Council hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections,
sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 26t1i day of September, 2023.
Matthew Porter,Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Stephanie Storm., City Secretary
Ordinance No. 2023-48 Releasing ETJ @ 101 Hunters Glen Page 2 of 2
136__
0912612023 Item 2.
Subsection 42.102(b), Texas local Government Code
Petition for ETJ Release
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
The undersigned Rosser P Miller, 111, a Texas citizen(the "Petitioner"), acting pursuant to
the provisions of Subsection 42.102(b), Texas Local Government Code, petitions the City of
Wylie, Texas (the "City") for the release of the property described and depicted on Exhibit A(the
"Property"), a copy of which is attached hereto and incorporated herein, from the City's
extraterritorial jurisdiction ("ETY). The Petitioner resides at 101 Hunters Glen, Wylie, Texas
75098-6235. The Property is currently located within the City's ETJ, and is not located in an area
described by Section 42.101,Texas Local Government Code;therefore,the Property is eligible for
release from the City's ETJ pursuant to Section 42.102(b), Texas Local Government Code. The
undersigned is the sole owner of the Property and holds title to the Property, as indicated by the
tax rolls of the Dallas Central Appraisal District.Pursuant to Subsections 42.105(c) and(d),Texas
Local Government Code, (a)the City shall immediately release the Property from the City's ETJ;
and(b) if the City fails to take action to release the Property from the City's ETJ by the later of the
45t" day after the date the City receives this Petition for ETJ Release or the next meeting of the
City's governing body that occurs after the 3 oth day after the date the City receives this Petition for
ETJ Release,the Property is released from the City's ETJ by operation of law.
SUBMITTED this I st day of September, 2023.
PETITIONER:
Rosser P. Miller, III
Signature:- &,-� P, MOL J�
Petitioner's Printed Name: Rosser Preston Miller, III
Petitioner's Date of Birth: July 25, 1964
Petitioner's address of residence: 101 Hunters Glen, Wylie, Texas 75098-6235
Petitioner's address listed on voter registration: 101 Hunters Glen, Wylie, Texas 75098-6235
Petitioner's voter registration number: 1174265740
Date of Execution:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on September 1, 2023, by Rosser P. Miller,
111,the owner of 101 Hunters Glen, Wylie, Texas 75098-6235, in is capa as1wner.
(NOTARY SE Notary Pub in and for the State of Texas
RY PG MISITY VENTURA
No PON,,9tatt,of TexasMy Orr iiseion
J I Ot 20,
0300,018\888757.1
[ 136
]
09/26/2023 Item 2.
EXHIBIT A
DESCRIPTION AND DEPICTION OF THE PROPERTY
(INCLUDES DEED,SURVEY AND TAX INFORMATION)
101 Hunters Glen
Wylie, Texas 75098-6235
Dallas Central Appraisal District Residential Account#60003200010010000
137
0912612023 Item 2.
GEKER'A�'L WARRANTY
' NTY DEED WITH VENDOR'S LIEN IN FAVOR OF THIRD PARTY
THE STATE OF TEXAS
COUNTY OF DAj_r�.S KNOW ALL MEN BY THESE PRESENTS:
THAT Ri1LpH W. ICED PDED 7,K
7_
0101 0028 0000000 1424E
8-240 12/2900/?,-,
(hereinafter called'GRANTORS'whether one or mote),for and in consideration of the sum of TEN DOLLARS($10-00)and Other good
and valuable considerations cash in hand paid by
ROSSER P. MILT-ER III, A SIMLE PERSaNj
whose address is 101 'KVTERS GIM'T, IAALT�LS, TX 75098
(hereinafter called'GRANTEES'whether one Or more),the receipt and sufficiency of which are hereby
,'rid the further consideration of the note in the principal sum at y acknowledged arid confessed,
Fifty Sit' T11cusarid and No/:Loo
payable to the Order of ANMP NnRIlG,7iGE, -r, ($56,000,00
cQfc_co to a •eEl%!EF!C!ARY*� !mr-� �,d___ I if,,r
acknowledged and confessed,and as evidence r,,reos he f0CejVt of which is hereby
dence of Suc:-,advancement,the said Grantees herein have executed their note of even dale
herewith for said amount payable to the order of said Beneficiary,beating interest at the rate therein provided,principal and interest being
due and payable in monthly installments as thireTn set out,and providing for attorneys fee and acceleration of maturity at this tale and
in the events therein set forth,which note is secured by the Vendors Lien herein reserved andis additionally secured by a Deed of Trust
of even date herewith,executed by the Grantees herein to TAN C. FROM
Trustee,reference to which is here trade for all Purposes: and in consideration Of the Payment of the sum above mentioned by the
Beneficiary above mentioned,Grantors hereby transfer,set over,assign and convey unto said Beneficiary and assigns,-he Vendor's Lien
and Superior Title herein retained and reserved against the property and promises herein conveyed,in the samo mannor'and to the same
as
.;aid note had been executed in Grantors favor and by said Grantors assigned to the Beneficiary without recourse: have
RANTED SOLD and CONVEYED,and by these Presents do GRANT,SELL and CONVEY unto the said Grantees herein,the following
scribed property,together with all improvements thereon,to-wit:
i Lt 1 Bloc ! f
t�Belrao oTexas acc rdOnRHUNTtRe ?!aN DDrToOfNrecorAediinoV01nraehe582n aoe1473, Asa Records, DAILS
County, Texas,
TO HAVE AND TO HOLD the above driscifired.onmises,together with,all and singular,the rights and appurtenances thereto in
any vp;srs belonging,unto the said Grantees,their hors and assigns forever, And Grantors do hereby bind themselves,their heirs,
executors and administrators,to warrant and forever defend all and singular,the said premises unto the said Grantees,their heirs and
assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. Taxes for the current year have
been prorated and are assumed by Grantee. This conveyance is made and accepted subject to any and all validly existing restrictions,
mineral reservations and interests,conditions,covenants,easements,and rights of way,it any,applicable to and enforceable against the
above described property as now reflected by the records of the County Clerk in said County and State and to any applicable zoning
laws or ordinances,
But if is expressly agreed and stipulated that the Vendor's Lien and the Superior Title are retained and reserved in favor of the
payee in said note against the above described Property,premises and improvements,until said note,and all interest thereon is fully paid
according to the face and tenor,effect and reading thereof,when this deed shall become absolute,
When this deed is executed by one person,or ydnen the Grantee is one person,the instrument shall read as though pertinent VwU5
and Pronouns were changed to correspond,and when executed by or to a corporation the words'laifs,executors and administrators"or
'heirs and assigns'shall be construed to mean"SuccOsSors and assions'.
Executed on this the 17til day of Deecetrb-_r 19 93
RAI, H W. TOM
THE STATE OF TEXAS:
COUNIYOF
This instrument was acknowledged before me oh�
by
RETURN TO: PUt 11 St ofTexas
ROSSER P. 41LLER IM1_1 L VOW jrL Nitarys name prated:
101 FIMERS GLMI
MLI;tS, 7% 75098
GENERAL WARRANTY DEED
WITH VENDOR'S LIEN P&P Form 2COAL 6/69
93 2 5 1 ...... ,,
S
138
09/26/2023 Item 2.
Who
Hunters Glen Drive
WnO Ba1 Lot i,Block 1, t!i nbra Clen Add{IIOn.on oddtifon In R!�
-• the County of Dav Te oa. aoa ere aacordinp to the Plot thot
racordcd in Volume 8Si81 Page 1473,slop Records,Dollaf
(j County,Us—
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EXCEPTIONS: NOTES
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offer enovmWoncc>.� twee}la made In eanjuneMn TO, in Hiormalbn prvrWsd f+f Itel TXb.e s Of fA!a
omf bu cWtio'Mfr¢nareRs'W=.hs4 Teut1'..Money,sto.r 0 Mejundcraoned.Th4 h
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M cuS',etf p aparh.t)r pp��aa1 hen h KM and K<wft p»ccntar of iM
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Accepted by: OF
Dote• Purchaser GIN
Purchaser Job No. 1810058 tom.
139
09/26/2023 Item 2.
DALLAS CENTRAL APPRAISAL DISTRICT Mailing Address:
NOTICE OF APPRAISED VALUE -RESIDENTIAL Residential Division
TAX YEAR 2023 PO Box 560348
Dallas,TX 75356-0348
www.dallasead.org (214)905-9402
Account Number:60003200010010000
Ownership:
Property Address:
MILLER ROSSER P 111 101 HUNTERS GLEN DR
101 HUNTERS GLEN DR
WYLIE,TX 75098-6235
Legal Description:
HUNTERS GLEN
BLK 1 LOT 1
Dear Property Owner:
This letter is your official notice of the 2023 proposed property tax appraisal for the account listed above. The Dallas Central
Appraisal District (DCAD) appraises all of the property in Dallas County for property tax purposes. State law requires that
appraisal districts appraise all taxable property at its fair market value. Your county, city, school district and other local
governments use the appraisal in calculating your property taxes. Property taxes support critical services such as schools, police
and fire protection,street maintenance and many others.
As of January 1,2023,the DCAD appraised your real property at:
2023 Market Value: S246,850
2023 Appraised Capped Value: S219,518
Your current year exemptions are: Homestead
The Texas legislature does not set the amount of your local taxes. Your property tax burden is decided by your locally elected
officials and all of those inquiries should be directed to those officials.
The governing body of each taxing jurisdiction decides whether or not taxes on your property will increase. The DCAD only
determines the value of the property in accordance with the Texas Constitution and Statutes.
The percentage difference between the 2018 appraised value of S138,721 and the proposed 2023 appraised value is an increase
of 58.24%over a 5-year period.
To PROTEST the proposed 2023 value or other issues, you must file a protest with the Appraisal Review Board (ARB) by using
the uFlle Online Protest System(preferred method)or by submitting a written protest(form enclosed).
If you agree with the proposed value,no further action is required.
Deadline for filing a protest: May 22,2023 or 30 Days From Appraisal Notice Post Mark
Date.
Location of ARB hearings: 2949 N.Stemmons Fwy,Dallas,TX 75247
ARB hearings will begin: After May 15
ARB deliberations will end: By July 20
More information about your appraisal and the protest process is on the back of this notice and on the inserts enclosed.
Homestead "Capped" Limitation: The Texas Constitution provides that property with a homestead exemption may not be
increased in value more than 10% per year, excluding any new improvements made. This provision takes effect the first year
following the year the owner qualified for a homestead. Because of this constitutional limitation, if you received a homestead
exemption on this property in the previous year,it will be"capped"at the appropriate limit.
126 gas
140
09/26/2023 Item 2.
DALLAS CENTRAL APPRAISAL DISTRICT Owner Name:MILLER ROSSER P III
NOTICE OF APPRAISED VALUE-RESIDENTIAL Account Number.60003200010010000
Tax Year 2023 Property Address:101 HUNTERS GLEN OR
www.dallascad.org
County and
CURRENT YEAR2023 School Special cu.r.
sxa:0�s:
Equalization City School Hospital College District rxMo!-
Jurisdictions Dallas County Gadand ISD Parkland Dallas College
Hospital
Market Value.Land S 66,220 $66,220 $66,220 $66,220
Market Value-Structure(s) $180.630 $180,630 $180,630 S 180,630
Market value $246,S60 $246,850 $246,850 $246.850
Less Deductions
Ft�,;,ms;�oa r,ppai�tmu;�ao:; $27,332 $27,332 $27,332 $27,332
Appraised Value $219,618 $219,618 $219.518 $219,618
Less Exempt]on Amount
Hu:ne;;aaa $43,903 S 40,000 $43,903 $43,9D3
Exemption Amount Subtotal $43,903 $40,000 $43,903 $43,903
Estimated:Taxable Value $175,615 $179.518: $;175,615 S 175,615
County and
PRIOR YEAR 2022 School Special
Equalization city School Hospital College District
Jurisdictions Dallas County Gadand ISD Parkland Dallas College
Hospital
Market Value-Land $66,220 $66,220 $66,220 $66,220
Market Value-Structure(s) $180.630 $180,630 $180,630 $180,630
Market Value $5246,850 : $246.850; $246,8501 $246,850
Less Deductions
Homo>,va CappPdU-t,!:- $47.288 $47,288 S47,288 $47,288
VW-
Appraised Value $199,562 $199,662 $199,562 $199,562
Less Exemption Amount
Home=.!aa J $39,912 $40,0001 $39,912 $39,912
Exemption Amount Subtotal $39,912 $40,000 S 39,912 $39,912
Estimated Taxable Value $159,650 1 $159,5621 $159,650 $159,650
Tax Ceiling, if you received the Age 65 or Older or the Disabled Person homestead exemption, your school, county, and certain city taxes for this year will not
be any higher than they were for the year in which you first received the exemption, unless you have made new improvements to your home, if you improved
your property by remodeling or adding an addition, your school, county, and certain city taxes may increase for new improvements. If you are the surviving
spouse of a person who was age 65or older or disabled at death and you were age 55or older at the time of death, you may retain the school, county, and
certain city tax ceilings.
Beginning August 7th, visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access Information regarding your
property taxes, including information regarding the amount of taxes that each entity that taxes your property will impose 4 the entity adopts its proposed tax rate.
Your local property tax database will be updated regularly during August and September as local elected officials propose and adopt the property tax rates that
will determine how much you pay in property taxes.(HS 27231
El
09/26/2023 Item 3.
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
415-5415-58210: $5,399,374
Department: Purchasing Account Code: 471-5471-58210: $15,866,511
Prepared By: Glenna Hayes
Consider, and act upon, the award of bid#W2023-106-B for McMillen Road from McCreary Road to Country Club Road to
McMahon Contracting L.P. in the estimated amount of$21,265,684.73 and authorizing the City Manager to execute an
necessary documents.
7otion to approve the Item as presented.
Discussion
The McMillen Drive project spans approximately 1.5 miles, from McCreary Road to Country Club Road. The road design
expands the corridor from a two-lane undivided asphalt road to a four-lane divided concrete road. Additionally, the project
includes an 1,100 LF bridge, and traffic, utility, drainage, and pedestrian mobility improvements. Final ROW and franchise
utility coordination is ongoing, as needed.
Staff published a competitive sealed bid for the road improvements and received seven(7)bids. The low bid for construction
in the amount of$19,332,440.66 is from McMahon Contracting LP. The bid was reviewed (by line items and totals) and
references were contacted by the City's engineering firm of record Binkley&Barfield Inc. The total award recommendation
for the project is the low bid of$19,332,440.66 and a 10 percent pre-awarded Change Order amount of$1,933,244.066, for
an estimated total of$21,265,684.73. McMillen Drive will be closed to through traffic from the beginning of construction
until approximately May 2025, and the anticipated project completion is October 2025.
Staff recommends the award of bid #W2023-106-B for McMillen Drive to McMahon Contracting L.P. in the estimated
amount of$21,265,684.73 as the lowest responsive,responsible bidder meeting specifications.Funding for this project is from
Collin County Fund 415 ($5,399,374) and 2021 Bond Fund 471 ($15,866,511).
142
0912612023 Item 4.
A
N Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Department: Purchasing Account Code: 470-5470-58910
Prepared By: Christopher Rodriguez
Subject I
Consider, and act upon, the approval of#W2023-86-1 Senior Recreation Center Renovation to LMC Corporation in the
amount of$736,877.17 through a cooperative purchasing contract with BuyBoard(#660-2 1)and authorizing the City Manager
to execute any and all necessary documents.
Recommendation N
Motion to approve the Item as presented.
Discussion 0
The Parks and Recreation Department is seeking approval from City Council to renovate the Senior Recreation Center located
at Community Park.
This project will include a full interior renovation, added parking, and exterior finishes to resemble the recently renovated
Public Safety Building. Items to be renovated are as follows:New ADA restrooms,expansion of the senior fitness center with
surfacing to match the Recreation Center, all new flooring throughout the building, upgrade to the HVAC system to rezone
common areas and office spaces, relocating staff offices, and new LED lighting throughout the building.
Staff recommends the award of W2023-86-1 the Senior Recreation Center Renovations to LMC Corporation in the amount of
$736,877.17 as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing program
with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code
and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local
governments to seek competitive bids for items.
Wylie#W2023-86-FBuyBoard#660-21
09/26/2023 Item 5.
Wylie City Council
CITY F
WYLIE AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Subject I
Flai
and act upon, Resolution No. 2023-23(R) casting a nomination for a candidate for the Board of Directors of the
ntral Appraisal District.
• . •
otion to approve Resolution No.2023-23(R)casting a nomination for as a candidate for the Board
f Directors of the Dallas Central Appraisal District.
Discussion 0
The Property Tax Code, Section 6.03, requires that an election or appointment of members to the Board of Directors of an
appraisal district be conducted in odd numbered years. The term of office for elected or appointed members is two years,
beginning in even numbered years.
The Property Tax Code specifies the qualifications for membership to the Board of Directors in Section 6.03 of the Code.
These qualifications are:
1. Must be a resident of the DCAD for at least two years prior to the election.
2. May be an elected official of an agency represented by the DCAD.
3. Cannot be an employee of any agency represented by the DCAD.
4. Cannot be related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government
Code,to an individual who is engaged in the business of appraising property for compensation for use in proceedings under
this title or of representing property owners for compensation in proceedings under this title in the appraisal district.
5. Cannot own property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the
individual knew or should have known of the delinquency unless:
(A) the delinquent taxes and any penalties and interest are being paid under an installment payment agreement under
Section 33.02; or
(B) a suit to collect the delinquent taxes is deferred or abated under Section 33.06 or 33.065.
6. An individual is ineligible to serve on an appraisal district board of directors if the individual has engaged in the business
of appraising property for compensation for use in proceedings under this title or of representing property owners for
compensation in proceedings under this title in the appraisal district at any time during the preceding three years.
7. An individual is ineligible to serve on an appraisal district board of directors if the individual has served as a member of
the board of directors for all or part of five terms, unless: the individual was the county assessor-collector at the time the
individual served as a board member. This requirement took effect with the 2022/2023 election.The five-term limit started
with the 2022/2023 term being the first term to be counted.
8. An individual is ineligible to serve on an appraisal district board of directors if the individual has been an employee of the
appraisal district at any time during the preceding three years.
El
09/26/2023 Item 5.
Pursuant to the provisions of the Property Tax Code in 1979, the agencies of Greater Dallas County elected to amend the
manner in which representatives were chosen.By special provision of the Property Tax Code,it was decided that the following
procedure would be adopted for the election or appointment of members.
Appointments
A. The City of Dallas will be entitled to appoint one(1)member to the Board.
B. The Dallas Independent School District will be entitled to appoint one(1)member to the Board.
C. The Dallas County Commissioners will be entitled to appoint one(1)member to the Board. The member appointed by the
Commissioners Court may not be a resident of either the City of Dallas or the Dallas Independent School District.
Elections
D. Each of the incorporated cities and towns, except the City of Dallas, shall have the right to nominate by official resolution
one(1)candidate as the fourth member to the Board.The said cities and towns shall,from among the nominations received,
elect by a majority vote,with each city and town being entitled to one(1)vote, a member to the Board of Directors.
E.Each of the Independent School Districts,and the Dallas College,except the Dallas Independent School District,shall have
the right to nominate by official resolution one(1)candidate as the fifth member to the Board.The said Independent School
Districts shall,from among the nominations received,elect by a majority vote,with each Independent School District being
entitled to one(1)vote, a member to the Board of Directors.
The votes required for appointment of the Board of Directors as prescribed by the Texas Property Tax Code, in Subsections
and e,hereof, shall be by a majority of those authorized to vote in Subsections d and e,respectively, and not by a majority
f the quorum.
The term of office for each member is one year beginning on January 1, 2024 and ending on December 31,2024.
There is not a list of candidates for this portion of the Board of Directors election; therefore, Council can nominate who they
kink would be best.
145
09/26/2023 Item 5.
RESOLUTION NO. 2023-23(R)
A RESOLUTION OF THE CITY OF WYLIE, TEXAS, NOMINATING
AS A CANDIDATE TO BE A MEMBER OF THE
BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL
DISTRICT.
WHEREAS, The Chief Appraiser of the Dallas Central Appraisal District has been charged with
the responsibility of conducting the election process to determine the membership of the Board of
Directors of the Dallas Central Appraisal District, according to the Property Tax Code of Texas; and
WHEREAS, each of the incorporated cities and towns, except for City of Dallas, shall have the
right to nominate by an official resolution one(1) candidate as a member of the Board of Directors; and
WHEREAS, the said cities and towns shall, from among the nominations received, elect by a
majority vote,with each city and town being entitled to one(1)vote, a member of the Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
THAT the Council of the City of Wylie, Texas does hereby nominate
as a candidate to be a member of the Board of Directors of the Dallas Central
Appraisal District.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this
26th day of September, 2023.
Matthew Porter,Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No. 2023-23(R)Dallas Central Appraisal District Election of Board of Directors Page 1 of 1
146
09/26/2023 Item 5.
Dallas Central Appraisal District
August 16,2023
Dallas Central Appraisal District Taxing Units Presiding Officers
RE:Senate Bill 2 Changes to DCAD Board of Directors
Dear Taxing Units:
With passage of SB 2 in the 2°d Special Session of 88"'Texas Legislature the make-up of the
DCAD Board of Directors will be changed assuming SJR2 passes in the November
election.Below are the new requirements for the DCAD Board of Directors:
Sec. 6.0301. BOARD OF DIRECTORS IN POPULOUS COUNTIES. (a) This section applies only to an
appraisal district established in a county with a population of 75,000 or more.
(b) Sections 6.031,6.034,and 6.10 do not apply to an appraisal district to which this section applies.
(c) The appraisal district is governed by aboard of nine directors. Five directors are appointed by the taxing
units that participate in the district in the manner prescribed by Section 6.03. Three directors are elected by majority vote
at the general election for state and county officers by the voters of the county in which the district is established. The
county assessor-collector serves as an ex officio director.
(d) To be eligible to serve on the board of directors,an individual other than the county assessor-collector must
be a resident of the district and must have resided in the district for at least two years immediately preceding the date the
individual takes office. An individual who is otherwise eligible to serve on the board is not ineligible because of
membership on the governing body of a taxing unit. An employee of a taxing unit that participates in the district is not
eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a
taxing unit that participates in the district.
(e) Members of the board of directors appointed by the taxing units participating in the district serve staggered
four-year terms beginning on January 1 of every other even-numbered year. Elected members of the board of directors
serve staggered four-year terms beginning on January l of every other odd-numbered year.
Office of Executive Director/Chief Appraiser
2949 N. Stemmons Freeway• Dallas,Texas 75247-6195 • (214)631-0520
Web Site: www.dallascgA.org
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09/26/2023 Item 5.
• Page 2 September 18, 2023
(f) If a vacancy occurs in an appointive position on the board of directors, each taxing unit that is entitled to
vote under Section 6.03 may nominate by resolution adopted by its governing body a candidate to fill the vacancy. The
taxing unit shall submit the name of its nominee to the chief appraiser within 45 days after notification from the board of
directors of the existence of the vacancy,and the chief appraiser shall prepare and deliver to the board of directors within
the next five days a list of the nominees. The board of directors shall appoint by majority vote of its members one of the
nominees to fill the vacancy.
(g) If a vacancy occurs in an elective position on the board of directors,the board of directors shall appoint by
majority vote of its members a person to fill the vacancy. A person appointed to fill a vacancy in an elective position
must have the qualifications required of a director elected at a general election.
Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING FEE OR PETITION. (a)
Except as provided by this section, Chapter 144, Election Code, applies to a candidate for an elective position on an
appraisal district board of directors.
(b) An application for a place on the ballot must be filed with the county judge of the county in which the
appraisal district is established and be accompanied by a filing fee prescribed by Subsection(c)of this section or a petition
in lieu of the filing fee that satisfies the requirements prescribed by Section 141.062,Election Code,and Subsection(d)
of this section.
(c) The filing fee for a place on the ballot is:
(1) $400 for a county with a population of 200,000 or more;or
(2) $200 for a county with a population of less than 200,000.
(d) The minimum number of signatures that must appear on the petition authorized by Subsection(b) is the
lesser of:
(1) 500;or
(2) two percent of the total vote received in the county by all the candidates for governor in the most
recent gubernatorial general election,unless that number is less than 50,in which case the required number of signatures
is the lesser o£
(A) 50;or
(B) 20 percent of that total vote.
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09/26/2023 Item 5.
• Page 3 September 18, 2023
(e) A filing fee received under this section shall be deposited in the county treasury to the credit of the county
general fund.
(f) The secretary of state shall adopt rules as necessary to implement this section.
The implementation of the changes are as follows:
(a) Appraisal district directors shall be elected to the elective positions as provided by Section 6.0301, Tax
Code, as added by this article,beginning with the election conducted on the uniform election date in May 2024. The
directors then elected take office on July 1,2024,and serve a term that expires on December 31,2026.
(b) Following the election of the initial elected directors of an appraisal district as provided by Subsection(a)
of this section, directors shall be elected as provided by Section 6.0301, Tax Code, as added by this article,beginning
with the general election conducted in November 2026. Directors then elected take office January 1,2027.
(c) At the first meeting of the board of directors of an appraisal district described by Section 6.0301,Tax Code,
as added by this article,that follows the November 2026 general election of directors under that section,the three elected
directors shall draw lots to determine which director shall serve a term of two years and which two directors shall serve
a tern of four years. Thereafter,all elected directors serve four-year terms.
(d) The term of an appraisal district director serving on December 31, 2024, on the board of directors of an
appraisal district described by Section 6.0301,Tax Code,as added by this article,expires on January 1,2025. Not later
than December 31,2024,the taxing units participating in the appraisal district that are entitled to appoint directors shall
appoint five directors to serve terms that begin on January 1,2025. Two directors shall be appointed to serve a term of
one year,and three directors shall be appointed to serve a term of three years. Thereafter,all appointed directors serve
four-year terms.
For the upcoming election we will be operating under the current rules that have been in effect since
1981.However the Board Members that will be appointed in this year's election will only serve one-year
terms that will expire on December 31,2024.Another election will be held next fall under the new law
using the levy method. The first set of popularly elected Board Members will be elected in the May 2024
general election and assume office on July 1,2024. There terms will expire on December 31,2026.
The new law also does away with three-fourths rule for changing the procedures for appointed Board
Members.DCAD has had a three-fourths rule in effect since 1981.Under the current rule the Board is
made up as follows:
Suburban Cities: One representative elected by the suburban cities
Suburban Schools: One representative elected by the suburban schools
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09/26/2023 Item 5.
• Page 4 September 18, 2023
(The Dallas County Community College will be considered a
suburban school district and will receive one vote)
Dallas County: Appoints one representative who may not be a resident of either
the City of Dallas or the Dallas Independent School District
City of Dallas: Appoints one representative
Dallas ISD: Appoints one representative
Under the new law Board selection for the five appointed members will be based on the levy method as
described in Section 6.03(d), Tax Code:
The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the
total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year
by the sum of the total dollar amount of property taxes imposed in the district for that year by each
taxing unit that is entitled to vote,by multiplying the quotient by 1,000, and by rounding the product to
the nearest whole number. That number is multiplied by the number of directorships to be filled.A
taxing unit participating in two or more districts is entitled to vote in each district in which it participates,
but only the taxes imposed in a district are used to calculate voting entitlement in that district.
It will require twenty percent of the total votes to be appointed as a Board Member.
Our legal counsel and our professional association,Texas Association of Appraisal Districts, are currently
reviewing Senate Bill 2 for other questions we have.I would encourage your legal counsel to review the
bill as well.We will keep you apprised of any other changes.
Sincerely yours,
W. Kenneth Nolan
Chief Appraiser/Executive Director
Dallas Central Appraisal District
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09/26/2023 Item 6.
f'V Wylie City Council
ITY OF
WYLIE AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Mary Bradley
Subject
7Consider, and act upon, Resolution No. 2023-24(R) casting a nomination for a candidate for the Board of Directors of the
Rockwall Central Appraisal District.
Recommendation I
Motion to approve Resolution No. 2023-24(R) casting a nomination for as a candidate for the Board of
Directors of the Rockwall Central Appraisal District.
Texas Property Tax Code Sec.6.03(a): The Appraisal District is governed by a board of directors.Five directors are appointed
by the taxing units that participate in the district as provided by this section. . .To be eligible to serve on the board of directors,
an individual . . . must be a resident of the district and must have resided in the district for at least two years immediately
preceding the date the individual takes office.
Texas Property Tax Code Sec.6.03(d):The voting entitlement of a taxing unit that is entitled to vote for directors is determined
by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by
the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to
vote, by multiplying the quotient by 1,000, and by rounding the product to the nearest whole number. That number is
multiplied by the number of directorships to be filled.
Texas Property Tax Code Sec. 6.03(g): Each taxing unit . . . that is entitled to vote may nominate by resolution adopted by its
governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing
body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15.
Texas Property Tax Code Sec. 6.030): Before October 30, the chief appraiser shall prepare a ballot, listing the candidates
whose names were timely submitted under Subsection (g) . . .alphabetically according to the first letter in each candidate's
surname,and shall deliver a copy of the ballot to the presiding officer of the governing body of each taking unit that is entitled
to vote.
Current Appointed Members are:
• Vicki Alexander
• John Brandt
• John Hohenshelt
• Lorne Liechty
• Russell Summers
There is not a list of candidates for this portion of the Board of Directors election; therefore, Council can nominate who the
think would be best.
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09/26/2023 Item 6.
Blow is a list reflecting each taxing unit's number of votes.
Entity Number of Votes
City of Dallas 0
City of Fate 105
City of Garland 0
City of Heath 120
City of McLendon-Chisholm 15
City of Rockwall 380
City of Rowlett 95
City of Royse City 120
City of Wylie 10
Rockwall ISD 2685
Royse City ISD 640
Rockwall County 825
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09/26/2023 Item 6.
RESOLUTION NO.2023-24(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
ROCKWALL COUNTY, TEXAS, CASTING A NOMINATION FOR A
CANDIDATE FOR THE BOARD OF DIRECTORS OF THE ROCKWALL
CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(G)
OF THE TEXAS PROPERTY TAX CODE, AND DIRECTING THAT THE CITY
SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION.
WHEREAS, The Chief Appraiser of the Rockwall Central Appraisal District has been charged
with the responsibility of conducting the election process to determine the membership of the Board of
Directors of the Rockwall Central Appraisal District,according to the Property Tax Code of Texas; and
WHEREAS,in accordance with Section 6.03(g)of the Texas Property Tax Code,the City of Wylie
may nominate a candidate for the Board of Directors of the Central Appraisal District; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Council of the City of Wylie, Texas does hereby nominate
as a candidate for the Board of Directors of the Rockwall Central Appraisal District.
SECTION 2: The City Secretary is hereby directed to submit the official nomination, written
Resolution, and notify all appropriate parties of this action.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 26th
day of September, 2023.
Matthew Porter,Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No. 2023-24(R)Rockwall Central Appraisal District Election of Board of Directors Page 1 of 1
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