11-14-2023 (City Council) Agenda Packet IfA
Wylie City Council Regular Meeting
November 14, 2023 —6:00 PM
Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 C I N " OF
WYLIE
CALL TO ORDER
INVOCATION&PLEDGE OF ALLEGIANCE
PRESENTATIONS & RECOGNITIONS
PR1. Wylie Way Student-Davis Intermediate.
..............................a.. Life Saving Award to Officer Chris Williams.
PR3. National Hunger and Homelessness Awareness Week.
PR4. Small Business Saturday.
PR5. Veteran's Day.
PR6. Native American Heritage Month.
PR7. Lung Cancer Awareness Month.
PR8. National Entrepreneurs Day.
PR9. National Apprenticeship Week.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion.
There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda
and will be considered separately.
Consider, and act upon, approval of the October 24, 2023 Regular City Council Meeting minutes.
13 Consider, and act upon, a request regarding the demolition of a commercial structure in accordance with
Ordinance No. 2022-34. Property located at 100 E. Oak St.,within the Downtown Historic District.
Consider and act upon, a request regarding the demolition of a commercial structure in accordance with
Ordinance No. 2022-34. Property located at 104 S. Ballard. within the Downtown Historic District.
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..................m.. Consider, and act upon, a Preliminary Plat of Hwy. 78 and Brown Addition,Lots 1-7, Block A, establishing
six commercial lots and one open space lot on 11.622 acres, generally located on the southwest corner of
State Highway 78 and Brown Street.
Consider, and act upon, a Final Plat of Hwy. 78 and Brown Addition, Lots 1-7, Block A, creating six
commercial lots and one open space lot on 11.622 acres, generally located on the southwest corner of State
Highway 78 and Brown Street.
...m_ Consider, and act upon, a Preliminary Plat of Texas Collision Addition Lot 1, Block A, establishing one
commercial lot on 1.985 acres, located at 401 S. Westgate Way.
Consider, and act upon, a Final Plat of 544 Gateway Addition, Lot 6R, Block A, being an Amended Plat of
Lot 6, Block A of 544 Gateway Addition, establishing one commercial lot on 3.00 acres, located at 607
Commerce Drive.
I I® Consider, and act upon, a Preliminary Plat of Lots 1-5X Block A of Wylie Lake Townhomes Phase II
establishing four single-family attached and one open space lot on 0.937 acres. Property generally located
north of 1924 Spencer Lane.
...W.. Consider,and act upon,Ordinance No.2023-51 amending Wylie's Code of Ordinances,Ordinance No.2021-
17, as amended, Appendix A (Comprehensive Fee Schedule), Article VIII (Public Library), Section A
(Library Fees) amending DVD,per day/per item fee.
Consider, and act upon, the award of Professional Services Project Order(PSPO)No. #W2023-114-E for E.
FM 544 Geotech Services to Alliance Geotechnical,in the estimated amount of$149,890.00,and authorizing
the City Manager to execute any necessary documents.
Consider, and act upon, the award of Professional Services Project Order (PSPO) No. #W2023-118-E for
McMillen Geotech Services to Alliance Geotechnical, in the estimated amount of $185,550.00, and
authorizing the City Manager to execute any necessary documents.
Consider, and act upon, the approval of a 48-monthease and maintenance agreement with Canon Solutions
America, Inc. for copiers, the annual estimated amount of$82,180.00, through a cooperative purchasing
contract with Omnia Partners Cooperative (#FI-R-0251-18), and authorizing the City Manager to execute
any necessary documents.
Consider, and act upon, Resolution No. 2023-27(R) of the City Council of the City of Wylie, Texas,
approving a purchase for the Police Department from Axon Enterprise,Inc.,a sole source provider of TaserTM
equipment in the amount of $65,990.40; and authorizing the City Manager to execute any necessary
documents.
Consider, and act upon, Resolution No. 2023-31(R) finding that CoSery Gas, Ltd.'s Statement of Intent to
increase rates within the City should be denied; finding that the City's reasonable rate case expenses shall be
reimbursed by the company; finding that the meeting at which this Resolution is passed is open to the public
as required by law; and requiring notice of this Resolution to the company and the City's legal counsel.
REGULAR AGENDA
_:.....m.. Consider, and act upon, the award of Contract No. #W2023-94-E for Medical Advisory Services for Wylie
Fire-Rescue with Columbia Medical Center of Plano Subsidiary LP d/b/a Medical City Plano,in the amount
of$224,013.00, and authorizing the City Manager to execute any necessary documents.
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.............m.. Consider, and act upon, Resolution No. 2023-28(R) regarding the acceptance of the 2023 State Homeland
Security Grant Program funds for hazardous materials equipment,specifically hazardous materials dry decon
materials.
.........m.. Consider,and act upon,Ordinance No.2023-52 amending Wy ie's Code of Ordinances,Ordinance No.2021-
17, as amended, Chapter 110 (Traffic and Vehicles), Article VI (Stopping, Standing, and Parking), Section
110-175 (No parking zones designated); creating Section 110-175 (14) Westbound side of Bennett Road.
Prohibiting the stopping, standing, or parking of a vehicle along the westbound side of Bennett Road
measuring 1,600 feet from the intersection of Wylie East Drive; establishing an offense; providing for a
penalty for the violation of this ordinance;providing for repealing,savings and severability clauses;providing
for an effective date of this ordinance, and providing for the publication of the caption hereof.
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 0.4496 acres to allow
for Automobile Repair Minor use. Property located at 403 S. State Highway 78 (ZC 2023-17).
Consider, and act upon, Ordinance No. 2023-53 to abandon Right-of-Way being a 0.093 acre dead end
alleyway within the Wooded Creek Estates Addition.
..6 Consider, and act upon, a contract between the City of Wylie and Yoshikawa Stone Sculpture, Inc. to
commission two pieces of art for the Municipal Walking Trails, Phase 2 not to exceed $80,000, and
authorizing the City Manager to execute any necessary documents.
@„ Consider, and act upon, a contract approving three Collin County Community College artists designs for
signal boxes located at Brown Street and Country Club Road, Collin Way and Country Club Road, and
Ballard Street and SH 78, not to exceed $600, and authorizing the City Manager to execute any necessary
documents.
Consider,and act upon,Resolution No.2023-29(R)casting a vote for a candidate(s)tot e Board of Directors
of the Collin Central Appraisal District for a one-year term beginning January 1, 2024.
..............@„ Consider, and act upon, Resolution No. 2023-30(R) of the City of Wylie, Dallas County, Texas, casting its
vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District.
WORK SESSION
. Discuss the potential development of 24 acres generally located on the west side of Country Club Road
approximately 1200' north of Brown Street.
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
See. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
ES 1. Consider the sale or acquisition of properties located at 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.
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Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of
the governmental body and with which the governmental body is conducting economic development negotiations;
or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1).
ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business
prospect and to discuss the offer of incentives for Projects: 2013-9a, 2021-2d, 2021-5 a, 2021-6c, 2021-9b,
2021-11 b, 2022-1 b, 2022-1 c, 2022-7b, 2022-9a, 2022-10c, 2023-1 a, 2023-1 c, 2023-2b, 2023-2d, 2023-3b,
2023-5b, 2023-6b, 2023-6c, 2023-6d, 2023-8a, 2023-8b, 2023-8c, 2023-9a, 2023-9b, 2023-9c, 2023-9d,
2023-10a, and 2023-10b.
Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING.
(a) This chapter does not require a governmental body to conduct an open meeting:
(1)to deliberate the appointment,employment, evaluation,reassignment, duties,discipline,or dismissal of a public
officer or employee; or
(2)to hear a complaint or charge against an officer or employee.
(b) Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests
a public hearing.
ES3. City Manager's annual evaluation.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on November 10,2023 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
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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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11/14/2023 Item PR2.
Wylie City Council
07"Y
WYLIE AGENDA REPORT
Department: Police Department Account Code:
Prepared By: Police
Life Saving Award to Officer Chris Williams.
n May 5, 2023, Officer Chris Williams was driving on FM 545 in Blue Ridge, TX on his way to work. He observed a 3-car
rash that had just occurred. One of the vehicles had fire under the hood. Inside that vehicle,he located two teenage girls that
were not completely coherent. They were both unable to exit the vehicle and had signs of head injuries. He removed the first
oung lady and took her to a safe location and returned to the vehicle to get the second one out safely.According to a witness,
within 45 seconds of him removing the second young lady, the vehicle became completely engulfed in flames. One of the
irls was transported by air ambulance and the other transported by ground ambulance. The vehicle was a total loss due to the
ire. One of the young lady's father called and wanted to recognize Ofc. Williams for his heroism. According to him and all
ccounts,both girls would have died as a result of the ire had Ofc. Williams not risked his own life to remove them from the
urning vehicle. The Wylie Police Family are very proud of Officer Chris Williams and the bravery he showed that day. We
would like to present him with a lifesaving award.
11/14/2023 Item A.
Wylie City Council
07'''Y
WYLIE AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Consider, and act upon, approval of the October 24,2023 Regular City Council Meeting minutes.
Motion to approve the Item as presented.
The minutes are attached for your consideration.
1111412023 Item A.
Wylie City Council Regular Meeting Minutes
October 24, 2023 —6:00 PM
Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 1 TY OF
WYLIE
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were
present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tem Jeff Forrester, Councilman Scott
Williams, Councilman Sid Hoover, and Councilman Gino Mulliqi.
Staff present included: City Manager Brent Parker;Deputy City Manager Renae 011ie;Assistant City Manager Lety
Yanez;Fire Chief Brandon Blythe;Assistant Police Chief Tommy Walters;Finance Director Melissa Brown;Public
Information Officer Craig Kelly; City Secretary Stephanie Storm;Public Works Director Tommy Weir;Purchasing
Manager Chris Rodriguez; Parks and Recreation Director Carmen Powlen; Municipal Court Administrator Lisa
Mangham; and various support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Reverend Kurt Ulmer,with Faith Lutheran Church,was unable to attend.
Mayor pro tem Forrester led the invocation, and Councilman Williams led the Pledge of Allegiance.
PRESENTATIONS & RECOGNITIONS
PR1. Wylie Way Students (K-12).
Mayor Porter,WISD Superintendent Dr. David Vinson, and WISD School Board President Stacie Smith presented
medallions to students demonstrating "Shining the Wylie Way." Every nine weeks one student from each WISD
campus is chosen as the"Wylie Way Student."
PR2. Texas Arbor Day.
Mayor Porter presented a proclamation proclaiming November 3,2023,as Texas Arbor Day in Wylie,Texas.Parks
and Recreation Director Powlen and Assistant Parks and Recreation Director Stowers were present to accept the
Proclamation.
PRI Municipal Court Week.
Mayor Porter presented a proclamation proclaiming November 6-10, 2023, as Municipal Court Week in Wylie,
Texas. Municipal Court Administrator Mangham, Court Bailiff Ron Spears, Senior Deputy Court Clerk Deanna
Arenas, Deputy Court Clerk RoniSue Cahill, Associate Judge Ashley McSwain, Deputy Court Clerk Amanda
Brannen, and Warrant Officer/Court Bailiff Mark Howeth were present to accept the Proclamation.
PR4. Breast Cancer Awareness Month.
Mayor Porter, Mayor pro tern Forrester, and Councilman Williams presented a proclamation proclaiming October
2023, as Breast Cancer Awareness Month in Wylie, Texas.
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1111412023 Item A.
PR5. National Dyslexia Awareness Month.
Mayor Porter recognized October 2023, as National Dyslexia Awareness Month in Wylie, Texas.
PR6. Woman Owned Business Month.
Mayor Porter recognized October 2023, as Woman-Owned Business Month in Wylie, Texas.
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.
There were no persons present wishing to address the 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 October 10,2023 Regular City Council Meeting minutes.
B. Consider, and act upon, a Second Amendment to Interlocal Cooperation Agreement for Jail Services
between the City of Wylie and the City of Murphy, and authorizing the City Manager to execute any
necessary documents.
C. Consider, and act upon,the approval of the purchase of a CUES C550 Portable Camera System from
CLS Equipment Co. Inc., in the estimated amount of$64,800.00 through a cooperative purchasing
contract with BuyBoard Purchasing Cooperative and authorizing the City Manager to execute any
and all necessary documents.
D. Consider, and act upon, approval of the purchase of a Toro Groundsmaster 5900 Mower to
Professional Turf Products L.P., for the estimated amount of $138,809.73, through a cooperative
purchasing contract with BuyBoard and authorizing the City Manager to execute any necessary
documents.
E. Consider, and act upon,the approval of the purchase of a 2025 International 6-yard dump truck from
Southwest International Trucks in the estimated amount of $121,760.18 through a cooperative
purchasing contract with BuyBoard, and authorizing the City Manager to execute any and all
necessary documents.
F. Consider, and act upon, approval of the purchase of a 2023 Chevrolet Medium Duty 5500 Versalift
Aerial Bucket Truck for the estimated amount of $174,026.00 through a cooperative purchasing
contract with Sourcewell and authorizing the City Manager to execute any necessary documents.
G. Consider, and act upon,the approval of the purchase of a Hydro-Excavator(Freightliner FL 114SD)
from Patterson Equipment Company, in the estimated amount of$467,730.30 through a cooperative
purchasing contract with Sourcewell Cooperative Purchasing, and authorizing the City Manager to
execute any and all necessary documents.
H. Consider, and act upon, the award of AT&T E Hosted 9-1-1 Services from Southwestern Bell
Telephone Company, d/b/a AT&T in the estimated amount of$699,060.00, and authorizing the City
Manager to execute any necessary documents.
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1111412023 Item A.
I. Consider,and act upon,the award of contract#W2024-12-I Community Park Playground Equipment,
Poured-In-Place Surfacing, and Pavilions at East Meadow Trailhead to WEBUILDFUN, in the
estimated amount of $544,723.99 through a cooperative purchasing contract with Sourcewell and
authorizing the City Manager to execute any and all necessary documents.
J. Consider, and act upon, the approval of the renewal of an interlocal agreement for Jail Services for
Class"C"Misdemeanors with Collin County Detention Facility,Collin County,Texas,in the estimated
annual amount of$1,000.00 through an interlocal agreement, and authorizing the City Manager to
execute any necessary documents.
K. Consider, and act upon, a Final Plat of David Estate, Lot 1,Block A establishing one lot on 1.671
acres in the City of Wylie Extra Territorial Jurisdiction,property located at 2551 & 2553 Elm Grove
Road.
L. Consider, and act upon, Ordinance No. 2023-50 to abandon Right-of-Ways being a 0.118 acre of the
unimproved 5th Street within the F.DE LA PINA Survey,Abstract No.688,Tract 202 and 0.044 acres
of an unimproved alley within the Railroad Addition Block 2, and to waive the requirement for an
appraisal for said right-of-ways.
M. Consider, and place on file,the Animal Shelter Advisory Board report to City Council.
N. Consider, and act upon, a Farm Lease Agreement for the use of specified City property for hay
production to prevent weed overgrowth between the City of Wylie and Ben Scholz, and authorizing
the City Manager to execute any necessary documents.
O. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of September 30,2023.
P. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for September
30,2023.
Q. Consider, and place on file,the City of Wylie Monthly Investment Report for September 30,2023.
Mayor Porter requested Items H and I be pulled from the Consent Agenda and considered individually.
Council Action
A motion was made by Councilman Duke,seconded by Mayor pro tem Forrester,to approve Consent Agenda Items
A-G and J-Q as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
H. Consider, and act upon, the award of AT&T E Hosted 9-1-1 Services from Southwestern Bell
Telephone Company, d/b/a AT&T in the estimated amount of$699,060.00, and authorizing the City
Manager to execute any necessary documents.
Staff Comments
Fire Chief Blythe addressed Council stating the dollar amount in the agenda report has increased by $1,800 for a
total amount of$700,860 due to a firewall having to be installed to record the text to 911 calls, which is a new
feature that we currently do not have.
Council Action
A motion was made by Mayor Porter, seconded by Councilman Mulliqi,to approve the award of AT&T E Hosted
9-1-1 Services from Southwestern Bell Telephone Company,d/b/a AT&T in the estimated amount of$700,860.00,
IIII 3
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1111412023 Item A.
and authorizing the City Manager to execute any necessary documents. A vote was taken and the motion passed 7-
0.
I. Consider,and act upon,the award of contract#W2024-12-I Community Park Playground Equipment,
Poured-In-Place Surfacing, and Pavilions at East Meadow Trailhead to WEBUILDFUN, in the
estimated amount of $544,723.99 through a cooperative purchasing contract with Sourcewell and
authorizing the City Manager to execute any and all necessary documents.
Council Comments
Mayor Porter requested staff provide additional details on what is being done at Community Park. Assistant Parks
and Recreation Director Stowers replied this funding will complete the playground improvements with an all-
inclusive swing, a parent/child swing, a three-swing swing set, a nest swing that can accommodate multiple kids,a
Nexus Velocity, and poured-in-place surfacing. Mayor pro tem Forrester asked if this will help with ADA
accessibility to allow all to play. Stowers replied the play surfacing,the nest, and ADA swings are components of
an all-inclusive;however,the playground itself will not be all ADA accessible. Councilman Williams asked if this
can all be completed within the existing budget. Stowers replied no additional funding should be needed.
Council Action
A motion was made by Mayor pro tem Forrester,seconded by Councilman Williams,to approve Item I as presented.
A vote was taken and the motion passed 7-0.
1. Consider, and act upon, Resolution No. 2023-26(R) casting a vote for a candidate(s) to the Board of
Directors of the Rockwall Central Appraisal District for a one-year term beginning January 1, 2024.
Council Action
A motion was made by Councilman Mulliqi, seconded by Councilman Strang, to approve Resolution No. 2023-
26(R) casting two votes each for Vicki Wallace, John Hohenshelt, Lorne Liechty, Tim Hartley, and Russell
Summers as candidates to the Board of Directors of the Rockwall Central Appraisal District for a one-year term
beginning January 1, 2024.A vote was taken and the motion passed 7-0.
WORK SESSION
Mayor Porter convened the Council into a Work Session at 7:08 p.m.
Mayor Porter convened the Council into a break at 7:09 p.m.
Mayor Porter reconvened the Council into a Work Session at 7:12 p.m.
WS1. Discuss 2023 Collin County Bond Election.
Tim Bennett, representing the Collin County Planning Board, and Steve Wright, representing the Collin County
Transportation Board, addressed the Council giving a presentation on the 2023 Collin County Bond Election
regarding historic growth,future growth,proposals including Proposition A Justice Facilities,Proposition B Animal
Shelter, Proposition C Public Health, Proposition D Parks and Open Space, Proposition E Roadways, Summary,
Tax Impact, and polling locations and more information.
Comments and questions from Council included does Proposition B Animal Shelter impose the tax change across
the County or just the participating entities, is there a way to know what funding will go to what roads/projects,
RECONVENE INTO REGULAR SESSION
Mayor Porter reconvened the Council into Regular Session at 7:32 p.m.
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1111412023 Item A.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 7:32 p.m.
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. Discuss property generally located at Hwy 78 and Spring Creek.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Porter reconvened the Council into Open Session at 8:23 p.m.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Storm read the caption of Ordinance No. 2023-50 into the official record.
ADJOURNMENT
A motion was made by Councilman Strang, seconded by Councilman Williams,to adjourn the meeting at 8:25 p.m.
A vote was taken and the motion passed 7-0.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
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11/14/2023 Item B.
Wylie City Council
07"Y
WYLIE AGENDA REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Consider,and act upon,a request regarding the demolition of a commercial structure in accordance with Ordinance No.2022-
34. Property located at 100 E. Oak St.,within the Downtown Historic District.
1111110111110VA4 Loll 1
otion to approve the Item as presented.
Owner: Wylie Economic Development Corporation Applicant: Jason Greiner for WEDC
The property owner proposes to demolish an existing 4,330 square foot commercial building. According to Collin County
Appraisal District records, the structure was built in 1950. The property was acquired by WEDC in 2014 for redevelopment
purposes as part of strategic planning efforts for the Downtown Historic District. Previous uses have included a recreational
facility,post office,and currently achurch/house of worship. The current tenant will vacate January 31, 2024.
The application states that the property is not of historic value. Redevelopment of this prime property located within the
entryway into the Downtown Historic District will contribute to the charm and vibrancy of Historic Downtown Wylie while
further spurring economic development for our community.The demolition request is not based on structural issues;therefore,
a structural engineering report was not provided. There are no known structural issues.
Section 6.3.E.3. of the City's Zoning Ordinance outlines the criteria for demolition as follows:
• Demolition of a structure will NOT be allowed if any of the items below are met:
1. A structure is of architectural or historical interest and/or value or its removal would be detrimental to the public
interest, or
2. The building contributes significantly to the character of the historic district and demolition would create a
detrimental view or adversely affect the existing buildings on the block,or
3. A structure is contributing or unusual or uncommon design and materials and it could not be reproduced without
great difficulty and/or expense, or
4. If its proposed replacement would not make a positive visual contribution, would disrupt the character or be
visually incompatible within the historic district.
• Demolition of a structure MAY be allowed if any of the following criteria is met:
1. The building has lost its architectural and historical integrity and importance and its removal will not result in a
negative, less appropriate visual effect on the historic district, or
2. The structure does not contribute to the historical or architectural character and importance of the historic district
(e.g. anon-contributing structure), and its removal will result in a positive, appropriate visual effect in the district.
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1111412023 Item B.
As stated in the Ordinance criteria, The structure does not contribute to the historical or architectural character and
importance of the historic district(e.g. a non-contributing structure), and its removal will result in a positive, appropriate
visual effect in the district. Staff believes that its removal would not be detrimental to the public interest.
If approved, the applicant intends to start demolition in February and complete in March 2024.
HRC Recommendation
The Commission voted 7-0 to recommend approval.
14
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18
1111412023 Item C.
IfA,I
N� Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Consider,and act upon, a request regarding the demolition of a commercial structure in accordance with Ordinance No.2022-
34. Property located at 104 S. Ballard. within the Downtown Historic District.
I 1111110111110VA4 Loll 1
1 70tion to approve the Item as presented.
Owner: Wylie Economic Development Corporation Applicant: Jason Greiner for WEDC
The property owner proposes to demolish an existing 1,885 square foot commercial building. According to Collin County
Appraisal District records, the structure was built in 1950. The property was acquired by WEDC in 2022 for redevelopment
purposes as part of strategic planning efforts for the Downtown Historic District. Previous uses have included retail,
barber/beauty shop, fitness studio, pawnshop, skate shop and apparel, nutrition shop, and a loteria fruteria (fruit shop). The
current tenant vacated the building on October 31, 2023. The exterior material is concrete block, with a glass storefront on
the east facing facade. Olde City Park is to the south and a vacant lot to the north.
The application states that the property is not of historic value. Redevelopment of this prime property located within the
entryway into the Downtown Historic District will contribute to the charm and vibrancy of Historic Downtown Wylie while
further spurring economic development for our community.The demolition request is not based on structural issues;therefore,
a structural engineering report was not provided. There are no known structural issues.
Section 6.3.E.3. of the City's Zoning Ordinance outlines the criteria for demolition as follows:
• Demolition of a structure will NOT be allowed if any of the items below are met:
1. A structure is of architectural or historical interest and/or value or its removal would be detrimental to the public
interest, or
2. The building contributes significantly to the character of the historic district and demolition would create a
detrimental view or adversely affect the existing buildings on the block, or
3. A structure is contributing or unusual or uncommon design and materials and it could not be reproduced without
great difficulty and/or expense, or
4. If its proposed replacement would not make a positive visual contribution, would disrupt the character or be
visually incompatible within the historic district.
• Demolition of a structure MAY be allowed if any of the following criteria is met:
1. The building has lost its architectural and historical integrity and importance and its removal will not result in a
negative, less appropriate visual effect on the historic district, or
2. The structure does not contribute to the historical or architectural character and importance of the historic district
(e.g. a non-contributing structure), and its removal will result in a positive, appropriate visual effect in the district.
19
1111412023 Item C.
As stated in the Ordinance criteria, The structure does not contribute to the historical or architectural character and
importance of the historic district(e.g. a non-contributing structure), and its removal will result in a positive, appropriate
visual effect in the district. Staff believes that its removal would not be detrimental to the public interest.
If approved, the applicant intends to begin work December 1, 2023 and complete December 31, 2023.
HRC Recommendation
After much discussion,the Commission asked that the mural painted on the south wall of the subject building be documented
,o preserve the likeness. Suggestions included photographing the painting and remake as posters, pictures, etc. or
'ecommission the original artist to recreate the art work. The Commission voted 7-0 to recommend approval for demolition,
with the caveat that the mural be documented prior to demolition.
20
1412023 Item C.
.............................
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21
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1111412023 Item C.
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22
1111412023 Item C.
NONE
23
1111412023 Item C.
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Tows. lard comyed tc Cnftor Tapp by desd recardod in Donumcm No.
Records d Ca-RA Oourly.Term
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a Spnial Flood H4zard Amu 1110wated by I"--Prod pw Map Number+5DMW2W of t�m F."A Irmurance Rute 9ups?;;corn oDu*.Te-'M
&1a=qmtvW Arm dutod Jura Z M.(Zan*X).ThAt cb*ment dom not m"thut tte prop"ard/or sWetm vt be frm frwr,fco&9-or-1bed
&mcg&Ek-3 oczcOoh,gmdir fluads can a:w1t occur&food hafyl*qM be increc*94 by ffom-r-made nr rwWrof causm I&Sood statwmt"�nd
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4emworied by e1mcfan ahmn tervor.M Slb)w properly Is MAettsd by aq. &ag notn,d"o.6mments&oNlr matters,tW cre shavow or.or as
Pan of 4"r,-.Wdw ptk�a)Survey patformmd wiLwAt a Me ewrtrer&Thwe n-cy ba ecssrnwztx�ar cQw nwftnk MA sho".(9)Rwd":ra
!U obtarmd wA earth nwAng(r.tW-..,r.s4c
cn tw baug of rw 0ow1adje.w-ornwhat,&-Wc I cvr*thd a5 a reaW�of a turvft frods or the grcmd to tft namn-d standard of Car#d
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shc0%Wcurin&t,"5d bwAfflngs&AWA Emprowwronrls hinvon,
AIA/MPS LMID ME SURVT( Final Plat
To:Cher T4:f* A LTAINSPS Survey
.100" TfAi it to cerVy Ule.We rmp or DW.mc-the vurvvy an Wth it is bawd were mu&In awardarm w7gh t1he ZD21 vir.,inwra
Stonewd WWI Requhme*for ALTAINSIPS L-74 Me Suroeys,TcIM4 askabbAnd-w-)d ad:-*d by AjA ad am'ndw*s MM. L-.f
afl 7c.b.a-A thoW. Dcmrbw 7.2OZI,
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Lot 3 B16--110
'T eing GK 4
Kellers FirstAddition
W.-fttl cum OF
Wylie, Collin County, TX
ILL
December2021
Oita
I P.\E5\=1QQ4\MM4-M0M
5693
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Land Surveying
A701013 Avenue G,-Suite.9-10
P T Piano,Texas 75074
Ph4ne(972)423-4372/Fax(972)42-33-7523
TS www'FoomesurveyinE,ceirn/Firm No,1W1310D
24
1111412023 Item D.
If lt� Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Consider, and act upon, a Preliminary Plat of Hwy. 78 and Brown Addition, Lots 1-7, Block A, establishing six commercial
lots and one open space lot on 11.622 acres, generally located on the southwest comer of State Highway 7 8 and Brown Street.
I 1111110111110VA4 Loll 1
1 70tion to approve the Item as presented.
OWNER: Wylie Economic Development Corporation APPLICANT: Roome Land Surveying
The applicant has submitted a Preliminary Plat to establish Lots 1-7, Block A of Hwy. 78 and Brown Addition on 11.622
acres, generally located on the southwest comer of State Highway 78 and Brown Street. The property is zoned within the
Cooper Plaza Planned Development Ordinance No. 2023-02.
The purpose of the Preliminary Plat is to create six commercial lots and one open space lot with the dedication of access and
utility easements. The open space lot contains a retention pond, food truck park,walking trail, and public space (to be owned
and maintained by the City). The final plat is also on the agenda to serve as a conveyance plat and allow for the sale of the
individual lots. Site plan and amended plats shall be required prior to construction on the individual lots.
The plat provides access to State Highway 78,Marble Street, and North Second Street. Lot 7 shall be owned and maintained
by the City and is the location of a proposed retention pond.
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 Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
25
1111412023 Item D.
el
PROPERTY DESCRIPTION
SITUATED in the State of Texas,County of Collin,and City of Wylie,being part of the James Truett
stract No.688,being port of
IX Survey,Abstract No 920,being port of the Francisco de In Plan Survey,Abs
Blocks 4&9,all of Blocks 2,3,&10 of the Railroad Addition,an addition to the City of Wylie as recorded
in Volume 77,Page 494 of the Collin County Map Records,being the re—survey of a called 2.606 acre tract
bt f.&At A Mwi*ft=Ab*0 Ml M*M as recorded under County Clerk File No.201990213000150300 and being further described under County Clerk
fil
NA*am A&~Mdr A*W MAO RAW A6~WW A*& �a, —OC30996C at the Collin County Land Records,being all of a called 2.t63 acre tract at land as
Z File No.93
16A—"it PW in. e"
caw =ff
recorded under County Clerk's File No.20191122001493350 of the Collin County Land Records,being all of a
called 1.226 acre tract of lurid as recorded under County Clerk's File No.20200529000784580 of the Collin
AW,4A County Land Records,being all of a culled 0-2209 acre tract of lurid as recorded under County Clerk's File No.
1/21R l 20210210000288770 of the CcIlirl County Lend Records,and being part of the abandonments(no documents
a,(cm T.Dt provided)of Jefferson street,Third Street arid the alleys as being described Nithin said premises cis follows:
E.Brown Street S83'0022"E S795826"E
Zllcll�o ..bk 79.78' 28.9 1' S83'16'55"E BEGINNING at a point in the south right—Df—way line of Brown Street,the north line of said Block 4,the
13.97' north line of a 20'abandoned alley,marking the northwest corner of the herein described premises;
S89-42'02"E 953.24' 1/2"IRF 1/2"IRF, S8337'01'E
1411i,111I 177, _31 2 52 9.55 a 916 WArCIRF, F
A~AfAft ..... 3!3- 271,27 31.31'
-I-- —————————————— THENCE with the south right—of—way line of Brown Street,the north line of sold Blocks 2,3&4,the
_T 1/2-IRF
W Fj&w Ijj�w
�o
W;7 FA 411%MN &Mllr�t Ar Low E_�IT — .IR north line of said 2.563 acre trust,the north line of sold 1.226 acre tract,the north line at sold 0.2209 acre
14 A=35.39'
M PW tract,the north line of said abandoned Fourth Street and of an abandoned 20'&10'alley as follows:'60uth
R=15.00'
1/2"IIRF D=135'11'10" 89'42'02"East,passing at 916.49 feet a 112"iron rod found ard continuirg for a total distance of 9t124
B=S15'48'15'E
at. A of dAb AW feet to a 1/2"il rod fcuriJ for angle break;�outlh 83'0'22"East,79.78 feet to a"WAI"capped iron rod
PW a caw
LOT 6 *M AW F21 , found for o/rigle break;South 79'b"'26"East,2b.91 feet to a"WAI"capped iron rod found for angle break;
L04 Ab*4 C=2 7 73'
A
South 8 Y 16'55"East,13.97 feet to a"INAI"capped iron rod found for argle break;South 83'37'01"East,
A~Afitl
77 ro f^MR 129,737 Sq.Ft.
T 7", L 31.31 feet to a 1/2"iron rod found morkiny the beginning of a curve to the right;southeasterly along said
iii6im 14 J?o 2.979 Acres
LO
67,692 Sq.F1S
A LOT`1 f
all curve having a central angle of 13711'10",for(in arc distance of 35.39 feet,with a radius of 15.00 feet
1.554 cres ".111
75,767,'Scl.FtS (chord�South 15*48'15"East,27.73 feet)to 0 112"iron rod found in the northwesterly lire of State
L04 Mkil 5F.-3 1.739 Acres
Ila f 7 14 Highway 78(variable width right—of—way),and marking the end of said curve;
W lit
L4
jz= —of—way line of State Highway 78,the southeasterly line of sold C.22C9
#y M pw THENCE with the northwest right
%
FA L&X Ant 4 marking the intersection at the extended north right—ot—way line of Marble Street(variable width right—ot—way)
AlIll 111
�A J
acre tract and the southeasterly line at said 1.226 acre tract,South 51'47'20"West,1,042.4J feet to a point
4 1�1'll
with the northwest right—ot—way line of State Highway 78,the southeast corner of said 1.226 acre trust and
Lot 1,all 2
ju- 1 r0l 4 Acres capped ron rod found for reference bears South 51*47'20"West,
awl. A
M=df Oak AM said prernises,from which a"RPLS 39b�
Nl�,xx a caw
16?7 690.D2 feet;
N,
THENCE deporting said State Highway 78 right—of—way,with the extended north right—of—wcy line of
Ld I&PK Ld Z Ant 4
y
Marble Street,the south line of sold 1.226 acre tract,the south line of said 2.563 Care tract,cl south lint of
> Block 9 and Block 10 of said Railroad Addition,and partway with the south line of a 20'abandoned alley,
as, 7 'le '01 0 "1>
Ka,.kw
Q1 X" North 89*43'51"West,passing at 253.78 feet a 1/2"iron rod found marking the southwest corner of said
LOT 3 z
39,513 Scl.Ft
Q3 2.563 acre tract,and continuing for a total distance of 294.28 feet to a point in the center of said 20'
L————
L-\\, abandoned alley,and marking the southwest corner of said premises;
F Z.4W A..ftd
907 Acres'
11.A
0.
51F. W MF4*&WUC
------ &MAW,
06�#A
said 20'cbcndoned alley ard crossing through abandoned Jefferson Street,
Bill I I THENCE with the certerline of,
A~A*Wm -th 00'00'19"West,694�95 feet to the place of beginning and containing 11.622 acres of land.
LAP 1.A.*I
z w-77 Pop 4^CaR Nor
AW WMQW7*ANW
LOT4,
1 5.
—S11,12'02"E 'Ft'
W;7 t
7 70365 ScP
SURVEYOR'S CERTIF CATE
0
STATE OF TEXAS
xx
Mid,awit on COUNTY OF COLLIN
*MAW
KNOW ALL MEN BY THESE PRESENTS:
Lot 7 a 112 of
\, I,.,. \\\T,
LOT 5 AV Ab LX
Lot A fiAl 9
AW,AddOw ,78,996 Sq.Ft.� THAT 1,F.E.Bernerderfer,Jr.,do hereby certify that I prepared this find plot and the field notes made a
I IN;7 PA 4^CIMN Acres
WAVNSAWMINI xx part thereof from on actual arid accurate survey at land and that the Garner monuments shown thereon were
rb
C.W 4AW A,-f'Nod
6 ck" properly placed under my personal supervision in accordance with the Subdivision Regulations of the City of
shwz,= Wylie,Texcs.
*Am CaN
V
A~Adift
I Ik;7 POL 4ft MR Doted this----day at-----------2023.
PRELIMINARY
2- THIS DOCUMENT SHALL
- -------- X 77 Pdr 40 CSR
NOT FOR RECORDINC NOT BE RECORDED FOR
A*11111. Ir 0 ft&wk a-*ILC
N 77 Pill 4^CaR or V, x/mX11111111MANISM CAN F.F.Bemerderfer,Jr. ANY PURPOSE AND
�` - il M pW "I
_�drel t_� I Registered professional Land SHALL NOT BE USED OR
I071RIF N8943'51 W 2,44.28' Surveyor No.40t5l VIEWED OR RELIED
p-mg*253.78' UPON AS A FINAL
Marble Street Marble Street SURVEY DOCUMENT
zz�
ACKNOWLEDGEMENT
caff STATE OF TEXAS
Lot 1.Allmiir A COUNTY OF COLLIN
AVbr amW A01MN
IP Z Now Wep Am RECOMMENDED FOR APPROVAL BEFORE ME,the undersigned,a Notary Public in and for the State at Texas,on this day personally appeared
61 A - F.E.Bemenderfer,Jr.,known to me to be the person and officer whose rome is subscribed to the foregoing
RPLS 3963-P/
(C.pd.lRr instrument and acknowledged to me that he executed the some for the purpose and considerations therein
CM TOM) expressed arid In the capacity thel statd.
OWNER'S DEDICATION ACKNOWLEDGMENT Chairman,Planning&Zoning Uoml Date
STATE OF TEXAS City of Wow,Texas
COUNTY OF COLLIN GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the----day of-----------2023.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: APPROVED FOR CONSTRUCTON
That,Wylie Economic Development Corporation,owner,does hereby adQpt this plot ---------------------
designating the herein above described property as Preliminary Plot of Hwy.78&Brown ------------------------------------ ---------- Notary Public in and for
Addition Cooper Plaza Lots 1-7,Block A,an addition to the City of Wylie,Texas,an Mayor,City of Wylie,Texas Dote The State of Texas
Legend does hereby dedicate,in tee simple,to the public use forever,the streets,
rights-of-way,and other public improvtrintrits shown therecri.The streets and alleys,if
CRT Capped Iron Rod Found any,are dedicated for street Purposes.The easements and public use areas,are
0 80' 160' 240' RCIRl Roome Capped ron Rod Found dedicated,for the public use forever,for the purposes indicated on this plot.No ACCEPTED
COMR Collin County Map Records buildings,fences,trees,shrubs or other improvements or growths shell be constructed
COUP Collin County Land Records or placed upon,over or across the easements as shown,except that landscape
CM Controlling Monument improvements may be placed in landscape easements,if approved by the City Council ------------------------------------ ----------
Soole:1-80, WEDC Wylie Economic Development of the City of Wylie.In addition,utility easements may also be used for mutual use Vayo,,City of Wylie,Texas Date
Corporation and accommodation of all public utilities desiring to use or using the some unless the
F.L.A.U.D.E. Fire Lane,Access,Utility easement Irmts the use to particular utilities,sold use by public utilities being
Curve Table &Drainaq,Easement subordinate to the public's and City of Wylie's use thereof.
!CURVE !RADIUS ARC LENGTH UTHORD LENGTH!CHORD BEARING!DELTA ANULE] The City of Wylie and public utilities entities shall have the right to remove and keep
C1 143.00'128.90' 128.36' 1\71'02'39E 138'30'37" removed all or ports of any building,fences,tree�,shrubs or othtr improvements or
growths which may in any way endanger or interfere with the construction,maintenance,
or efficiency of their respective systems in said easements.The City of Wylie and public Preliminary Plat
utility entities shall it all times have the full right at ingress and egress to or from The urdersigned,the City Secretary of the City of'Nylle,Texas,hereby certifies
SEE SHEET TWO FOR their respective easements for the purpose of cQnstucting,reconstructing,inspecting, that the foregoing Preliminary Plat of Hwy.78&Brown Addition Cooper Plaza Hwy 78&Bro wn A ddifian
Lots 1-7.Block A,a subdivision or addition to the City of Wylie was submitted
patrolling,maintaining,reading metel arid adding to or removing all or parts of their
EASEMENT INFORMATION
respective systems without the necessity at any time procuring permission from anyone, to the City Council on the---day of--------------2023,and the Cooper Plaza
Courcil,by formal action,then and there accepted the dedication of streets,
alley,parks,easement,public places,and water and sewer lines as shown and
WITNESS MY HAND,this the----day of------------2023, set forth in and upon said plot and said Council further outhorized the Mayor Lots 1-7._fllockA
to note the acceptance thereof by signing his name as herein above
Notice:Selling a portion of this addition by Wft Economic Development Corporation subscribed.
I e tior of city
metes arid bourds 16 a violu -11.622 A cres
ordinance and state low and is subject to fines BY. -—- Beipg Comprised of Multiple Tracts ofLand
01 BROWN ST A E BROWN ST E BROWN ST arid withholding of utilities end building permits. Witness my hand this---day of-----------A.D�,2023�
NAME:
7 Commercial L o tv
TITLE: James Truett Survey,Abstract No.920
E JEFF SON ST Notes: ----------------
1)CV1 is a controlling monument; City Secretary Frauctsco dela Pina Survey,Abstract No.68N
2)Bearing Base:Grid North,NAD83 Texas State Plane Coordinate System,North Central Zone, City of Wylie,Texas City o-t'W Ye,Col ounty exas
LIDO LJ6 L E -1 as derived by survey-grade Global Positioning System; v/ Via C T
MARBLE S c' n
3)No port of the subject property lies within a Special Flood Hczcrd Area inundated by STATE OF TEXAS October 2023
100-year flood per Mop Number 48085CO420J of the F.E.M.A.Flood Insurance Rote Maps for COUNTY OF COLLIN
K ST Collin County,Texas&Incorporated Areas dated June 2,2CC9.(Zcna X);
]'T T012
1-1 Before me,the undersigned authority,a Notary Public in arid for said County and State,on this
7. K ST 4)This plot was performed without the berefit of a Title Commitment.There may be Sheet 1 of 2 P:\AC\2023Q3\AC914168.DWG
day personally appeared---------------------------known to me to be the persons
easements,or other matters,not shown; whose names are subscribed to the foregoing instrument and acknowledged to me that they each
5)Subject property on Sanitary Sewer System; executed the some for the purpose and considerations therein expressed. SuLrrittal:Oct.9,2023 Engineer: Owner:Wylie Economic S—yor:
cn MASTERS AVE Given under my hand and seal of office,tlhi�----day of----------2023.
2t El 6)Contours shown are from a survey completed November 16th,2021. Vasquez Lngineering,L.L.G. Development Corporation Hoore Land Surveying
7)The property owner sholl mointo n easement areas shown on this plot. Revised:Oct.20,2023 1919 S.S iron Rd 250 5 Highway 78 2000 Ave S,Suite B10 Roome
Revised:Oct.31,2023 Garland,Tx 75042 'Aylie,Tx 75098 Plano,Tx 75074 Land Surveying
7_11 (972)278-2948 (972)442-7901 (972)423-4372 2000Aau,G.Suit,810
co
F 8)The city is to own and mountain the drourage easement on Lot 7.
9)No appurtenance between the height of 2'and 9'may be placed in the visibility triari �o-�a-r-y-Pu-b-li-G-in--u-n-d-f-or Attn:Juan J.Vasquez Attn:Jason Greiner Attu:Fred Benderfer
VICINITYMAP the State of Texas jvasquezUvasquezengineering.corn email:joson@.ylieedc.com email:fredb4roomeinc.com Plano,Texas 75074
Phone(972)423-4372/Fax(972)423-7523
N.TS. vxvvvvroomesurveying.com/Firm No.10013100
26
1111412023 Item D.
X
W 1,Ant A ahw
a 1:=9M M=r AkW
R A
*AM WX FW J01,
7=4 I
CaW
Al�dial,
------ R,0X_(CM T�Da-:\"I
60' 120' 130,
POINT OF E.Brown Street =MEL---]
BEGINNING (V-bl�ft1h Rqhl-f-fty) S83'00'22"E S79'5826"E Scale:1"=60'
S89'42'02"E 95,3-24' 1/2"IRF-iing 79,76, 28.91' 1,3.97'
483.5 - - @ 0 916.49, 1/21RF, I"CIR 31,31,
------------- L 17817' - ------- S6337'01"E
--L--------- W111111111111, -Z 1/2-IRF
10 M Ak*4 ff M Al'G(RF
r shrow -7- A=3.39'
R=15 00'
1/2-IRF Led 4,Week 2
2j02 E 54.43
LIE LYL/ C=27.7,3' 1=4
A=awl
T
104~4
*9;7 F#4ft MR
MW-14*111) LOT 1
93,05' - 75,767 Sq.Et. X
1-7, All
cS 1.739 Acres
LOT 6 LOT 7 X qw
0 42'02"E q7,31'
67,692 Sq.Ft.
4Mt4 129,737 Sq.Ft.
AWWWAdWM 2 1.554 Acres X
bk .979 Acres LJ X
CN
FA Adt X Milek 4 X
MLR~Adftt
r, X Lt 1 Week 2
A M ;f Vd.AW
ah W
o0 LOT 2 .4 AW&I 12W
44,188 Sq.Ft
41 1.014 Acres X X
Legend
C6 V
W#&PX LM X~4 CIRF Capped Iran Rod Found
A
POPE Roome Capped lion Rod Found
W A17*
4 CCMR Collin County Mals Records
�,-L41 LOT 3 14000 CLR Collin County Lund Records
39 518 Sq.Ft. C
0.�07 Acres Gm Controlling Monument
WEDC Wylie Economic DevelOpinent
Q� I W\ 11 Corporation
F.L.A.U.D.E. Fire Lane,Access,Utility
WkW Ill Biel &Drainage Easement
Iff 4ft A"UC
& ---- ------------
Ar Ab PW
81-k F I
to I.A.*I Z A~Aill
a
AW 'i AdMff
9 Will"M;7 ftv 4%CM
aw 14 Z
LOT 4 Xix-
T6 70,365 Sq Ft. Z/1
La a a I/V f
1.615 Acries
Lot A aball 9
"A"
XI L27
T2-04�
LW
L
X
W 7 1/2 of
is
'\4o 6
AWW~S
lit
mv-
Line Table Line Table
LOT 5 &WdW of C"dAW Am ftW
78,996 Sq.Ft A_VP
A q IM CaR IF NE HEARING D STANCE LNE BEARING DISTANCE
1.814 Acres S89*43'�l"E T50' L27 S89'42'02"L 69.87'
a*or L2 NGO*OO'l 9"W 47.86' L28 SOO'l 7'58"W
10 Wr \� 1000'
MWAll L3 NGO*00'1 9"W 14.3 1' L29 N89'42'02"W 1000'
L4 N89'59'41 1 30-00' L30 NOVI 7'58"E 9.92'
L5 SOO'DO'l 9"E 100.64' L31 N83'1 2'40"W 16.39'
N8943'51'W 193, L6 S89*42'02"E 70.32' L32 NCC,'47'20"E 16.39'
Black I I L7 S89'42'03"E 125.28' L33 N38'1 2'40"W 6.99'
RAWAdl
--------------- La S51'47'20"W 15.DO' L34 Nb 1'47'20"E 1 J.46'
AdhimfAillillift 'Vq
4 IS-7 L9 �51'47'20' 17.50' L35 SOO'l 7'b8"W 21.50'
;7 P#4^=N Ir ailil awl /1 1
1111111111 a. L10 W8*12'39"W 22.50' L36 N89*42'02"W I b.00'
RGIRF 8W 111 b38*1 2'40"E 22.50' L737 NOO*17'58"E 21.50'
L -17all t 201.90' - A<- L12 b5l'47'20"W 30.00' L38 SOO'l 7'58"W 10.00'
'Cl/2"IRF M894351"W 294-28' L13 N38*12'40"W 22.50' L39 N89'42'02"W 10-00'
passing 0253.713'
L14 SOC'00'1 9"E 22.37' L40 NCG*17'58"E 9.32'
Marble Street Marble Street L15 N 8 9'43'51"W 30-00' L41 S06�3'56"W 11.60'
L16 NM*06'04"W 55.24' L42 S38'06'04"L 16.39'
(20'R�jht f Y/,,,)
L17 NOO*I 7'58"E 68.56' L43 S51,53'56"W 1 b-OO'
-18 N45*00'UO"W 61.92' L44 N38*06'04"W 24.55'
L19 N45*00'00"E 15.00' L45 S06'b3'b6"W 34.83'
L20 S4b'O)'QO"E 47.07' L46 N83*06'04"W 15.00'
L21 NOJ'17'58"E 137.01' L47 N06'53'56"E 19.77'
C NAMAXWMM VaR -till
W L22 �;21'47'2)"W 57.53' L48 N45'1 7'58"E 19.67'
L23 N21'47'20"E 54.29' L49 S44'42'02"E 15.00,
N fice:Selling a portion of this addition by Z Lot 1.Week A L24 S51*47 21 W 1 026, L50 S45'1 7'�8"W 125.89'
mo DNA,Qi M �1-25 13312'39"W
letes andabounds is a violation of city 41l X a
ordinance nd state low and is subject to fines V "S L26 N5 1'47'21'T 19.80'
arid withholding of utilities and building permits.
"RPLS 3963" Curve Table
(Capd.IRF
CM Wat) CURVE RAD US ARC LENGTH CHORD LENGTH CHORD BE44PING DELTA ANGLE Prellmin ary Plat
CI 28.00' 20.98' 20.49' N21'28'20"VV 42'5 S'O I Hw
C2 28.00' 20.98' 20.49' N21'27'42"E 42'5 5'0 1 78&Bro wn A ddidan
C3 28.00' 43.83' 39.49' S44'5 1'11"E 89'41'43" Cooper Plaza
C4 28.00' 18.82' 18.47' N71'C2'39"E 38'30'37"
C5 58.00' 38.98' 38.25' N71'C2'39"E 38'30'37"
C6 28.00' 43.98' 39.60, N83'1 2'40"VY 90100,00" Lots 1-Z BlockA
C7 28.00' 43.98' 39.60' S06'47'20"W 90100,00"
Site 2Acres
C8 28.00' 43.98' 39.60' N83'I 2'40"VV 90100,00" -11.62
W BRO N ST C9 52.00' 34.92' 34.27' S71'01'45"W 38'28'49" BeJug Comprised of Multiple Tracts OfLand
E BRuWN ST E BROWN ST CIO 52.00' 16.29' 16.22' W*45'50"W 17'56'59"
C11 52.00' 17.82' 17.73' S79'33'22"W 19'38'05" 7 Commercial L o ts
C12 52.00' 0.81' 0.81' S89'49'1 7"W 0'53'44" James Truett Survey,Abstract No.9219
E JEFF SON ST
C13 28.00' 44.12' 39.69' S45*07'55"W 90'16'28"
C14 28.00' 43.85' 39.50' N4,V52'05"A' 89"43'32" Fra,a dela Pina urvey,Abstract No.
C15 28.00' 44.13' 39.70' N45'08'49"E 90'18'17"
Enoineer: City OfWyfie,Collin Co un ty,Texas
LJ 0 MARBLE ST ID BE-F^I L- 'C�' 'ED' IDE=--F^IL-'F-=' C16 58.00, 38.98, 38.25' N71'C2'39"E 38'3)'37" Vasquez Engineeririg,L.L.C.
C17 28,00' 18,82' 18.47' N71'02'39"E 38'30'37" 1 S iloh Rd October 2023
T 50 2
SCALE,1 40' SCALE.1 40' SCALE 1 40' SCALE.1 40' CIB 28 00' 25 16' 24 32' S63*57'21"E 5V2923" (.721)d2,7,x 2,4,
C19 28,00' 43,98' 39.60' S06*47'2D"W 90,00,00"
C20 28 00' 1380' IS 45' S71'01'45"W 38"28'49" Attn Jaen J.Vasquez
K ST j-quezovasquezengineenry.corn
C6 L27 S89'42'02'E 97.31' C21 28,00' 3.39' 3,39' N41'40'313"W 6'55'54" Sheet 2 of 2 P:\AC\2023Q3\AC914168.DWG
-C22 7 L22 28.00' 40.59' 37.13' N86'40'3b"VV 53*04'Ob"
< 62.04' 0�1 T2
I X C23 28,00' 41,95' 33.14' N42'55'1 O"E 85*50'57" Wylis Economic sr'ey-
MASTERS AVE �4
4� El ' 101,\ �'Z� ZQ.VV 2.18, 2.1 S' N88'04'1 81 4'27'19" Land Surveying
77
L29 13 31 Roome
N*`alet L�31� C25 0'eAve S,Suite Blo
mi awl) 250 5 High,sey 78 20000
abir anit A*AW - - 'Aylie,Tx 75098 Plano Tx 75074
M& "75 11 1\ J*Ob IW All (972)442-7901 (9 72)423-4372 Land Surveying
W FAW am% 58.00' 37,45' 36.30' N71'48'1 3"E 36'59'30"
IF in ��- U26 58.00' 1.54' 1.54' N52'32'�41 1'31'07"
L-L31 28.00' 12.62' 12.51' N6442'04"L 25'49'27" Attn:Jason Greiner Attn.Fred B-eaderfer 2000A-aa,G.Sair,810
VICINITYMAP U28 28.00' 6.20' 6,19' N83'57'231 12'41'10" email:joson@.ylieedc.com email:fredb4roomeiric.com Piano,Texas 75074
Phone(972)423-4372/Fax(972)423-7523
N.TS. �roomesurveying.corn/Firm No.10013100
27
1111412023 Item E.
Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Consider, and act upon, a Final Plat of Hwy. 78 and Brown Addition,Lots 1-7,Block A, creating six commercial lots and one
open space lot on 11.622 acres, generally located on the southwest comer of State Highway 78 and Brown Street.
1111110111110VA4 Loll
1 70tion to approve the Item as presented.
OWNER: Wylie Economic Development Corporation APPLICANT: Roome Land Surveying
The applicant has submitted a Final Plat to create Lots 1-7,Block A of Hwy.78 and Brown Addition on 11.622 acres,generally
located on the southwest comer of State Highway 78 and Brown Street.The property is zoned within the Cooper Plaza Planned
Development Ordinance No. 2023-02.
The purpose of the Final Plat is to serve as a conveyance plat and allow for the sale of the individual lots. The plat also
dedicates access and utility easements. The open space lot contains a retention pond, a food truck park, walking trail, and
public space (to be owned and maintained by the City). The Preliminary Plat is also on the agenda. Site plan and amended
plats shall be required prior to construction on any of the individual lots.
The plat provides access to State Highway 7 8, Marble Street and North Second Street.
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 Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
28
1111412023 Item E.
el
PROPERTY DESCRIPTION
SITUATED in the State of Texas,County of Collin,and City of Wylie,being part of the James Truett
stract No.688,being port of
Survey,Abstract No 920,being port of the Francisco de In Plan Survey,Abs
Blocks 4&9,all of Blocks 2,3,&10 of the Railroad Addition,an addition to the City of Wylie as recorded
in Volume 77,Page 494 of the Collin County Map Records,being the re-survey of a called 2.606 acre tract
bt f.&At A Mwi*ft=Ab*0 Ml M*M as recorded under County Clerk File No.201990213000150300 and being further described under County Clerk
fil
NA*am A&~Mdr A*W MAO RAW A6~WW A*& �o, -OC30996C at the Collin County Land Records,being all of a called 2.t63 acre tract at land as
Z File No.93
16A—"it PW in. e"
caw =ff
recorded under County Clerk's File No.20191122001493350 of the Collin County Land Records,being all of a
called 1.226 acre tract of lurid as recorded under County Clerk's File No.20200529000784580 of the Collin
AW,4A County Land Records,being all of a culled 0-2209 acre tract of lurid as recorded under County Clerk's File No.
1/21R l 20210210000288770 of the CcIlirl County Lend Records,and being part of the abandonments(no docurnierits
a,(cm T.Dt provided)of Jefferson street,Third Street and the alleys as being described Nithin said premises cis follows:
E.Brown Street S83'0022"E S795826"E
Zllcll�o ..bk 79.78' 28.9 1' S83'16'55"E BEGINNING at a point in the south right-Df-way line of Brown Street,the north line of said Block 4,the
13.97' north line of a 20'abandoned alley,marking the northwest corner of the herein described premises;
S89-42'02"E 953.24' 1/2"IRF 1/2"IRF,
a 916 VA-CIRF, S83'37'01'E
A~AfAV� ———————--3L2_52 369.55' ———————— ————————271,27————————— 31.311 THENCE with the south right-of-way line of Brown Street,the north line of sold Blocks 2,3&4,the
W 77 FA 4K=ff —L-w w—ol -T--- 1/2-IRF
14 Ar Ab PW DN't fir ahw at A=35.390' north line of said 2.563 acre tract,the north line of sold 1.226 acre tract,the north line at sold 0.2209 acre
or 11m,Aw or'1116 PW c,"', R=1500, tract,the north line of said abandoned Fourth Street and of an abandoned 20'&10'alley as follows:South
0, 11/2"IRF 89'42'02"East,passing at 916.49 feet a 112"iron rod found ard continuirg for a total distance of 9t124
z feet to a 1/2"il rod fcuriJ for angle break;South 83'0'22"East,79.78 feet to a"WAI"capped iron rod
at. A of dAb AW
B=S15'48'15'E
W 4 At 4 AWo 43 CAW found for Q/rigle break;South 79'bl'26"East,2b.91 feet to a"WAI"capped iron rod found for angle break;
LOT 6 V, C=2 7 73'
Alkil X South 8 Y 16'55"East,13.97 feet to a`WAI"capped iron rod found for argle break;South 83'37'01"East,
77 ro 06 MR 129,737 Sq.Ft.
ii&zw"114 P.0 2.979 Acres LOT 7 z 31.31 feet to a 1/2"iron rod found morkiny the beginning of a curve to the right;southeasterly alorig$did
67,692 ASq.FIL LOT I curve having(a central angle of 13711'10",for(in arc distance.of 35.39 feet,with a radius of 15.00 feet
S89'42'02"F 1 33�07'
1.554 ares 75,767 Sq.Ft. (chord�South 15*48'15"Fast,27.73 feet)to 0 112"iron rod found in the northwesterly lire of State
10 4 Mk 4 1.739 Acres
4b Highway 78(variable width right-of-way),and marking the end of said curve;
al
THENCE with the northwest right-of-way line of State Highway 78,the southeasterly line of sold C.22C9
acre tract and the southeasterly line at said 1.226 acre tract,South 51'47'20"West,1,042.4J feet to a point
FA L&X Ant 4 N c LOT 2 marking the intersection at the extended north right-ot-way line of Marble Street(variable width right-ot-way)
All
L
L 44,11 X
;,7"P xx Lot 1,all 2 with the northwest right-ot-way line of State Highway 78,the southeast corner of said 1.226 acre trust and
1�01
MA=df GAO RAW said prernises,from which a 39bS'capped ron rod found for reference bears South 51*47'20"West,
ft.&I em 690.D2 feet;
ILI
THENCE deporting said State Highway 78 right-of-way,with the extended north right-of-wcy line of
Ld I&PK Ld Z Ant 4
Marble Street,the south line of said 1.226 acre tract,the south line of said 2.563 acre tract,a south lint of
\>
as, Block 9 and Block 10 of said Railroad Addition,and partway with the south line of a 20'abandoned alley,
LOT 3 z North 89*43'51"West,passing at 253.78 feet a 1/2"iron rod found marking the southwest corner of said
-Z 2.563 acre tract,and continuing for a total distance of 294.28 feet to a point in the center of said 20'
\sr, 39.513 Scl.Ft. z�,4'
L
Z,,,P / 10W nw am% 0.907 Acres 4,6,n Z.ill A-ftd abandoned alley,and marking the southwest corner of said premises;
MW**&W ac
PW oe
LO 1.A.*I Bill I I THENCE with the certerline of said 20'cbcndoned alley and crossing through abandoned Jefferson Street,
AW=00%A&W. w—77 Pop 4^CaR North 00'00'19"West,694�95 feet to the place of beginning and containing 11.622 acres of land.
z A~A*Wm
1tZ7
LOT 4
L-2—E 6 0
ill)a
Lftt"14=I S11,12'0 70,365 ScPFt.
AWW*11111111w t 1.615 Acres SURVEYOR'S CERTIF CATE
W.PA sp
mv.=90 STATE OF TEXAS
COUNTY OF COLLIN
z KNOW ALL MEN BY THESE PRESENTS
L& LOT 5
414=19 78,996 Sq.Ft. xx xx THAT 1,F.E.Bernerderfer,Jr.,do hereby certify that I prepared this find plot and the field notes made a
I IN;7 P#4^CAIR 1.814 Acres z part thereof from on actual and accurate survey at land arid that the Garner monuments shown thereon were
WAVW3AWXRI
xx
C.W 4NO Awr Ed rb properly placed under my personal supervision in accordance with the Subdivision Regulations of the City of
Shm Sil A*a Ill LP "I-K Wylie,Texcs.
11"m W4 F#P;X CIZR
A~AdWm
I Ift;7 P#L 4W Doted this----day at-----------2023. OF
al I I
M&A* 1XX z
Fw"" �' MftdAdAlh.
—V11 77 PW 40 CSR
tr= // NOT FOR RECORDINC JR.
111- AAM. V F.E.BEMENDERFER
F.F.Bemerderfer,Jr. 4051
Registered professional Land
�l 14 N89'43'51"W 294.28' Surveyor No.40t5l
P—mg*253.78' SURV
Marble Street
Aly"arble Street,----
7�1 ACKNOWLEDGEMENT
/, ",ZI
CW�Mw== 11 1 Z Z 1!* STATE OF TEXAS
I/Lot 1.Allmiir A COUNTY OF COLLIN
AVIbrawWAAMN
Now&PW Am RECOMMENDED FOR APPROVAL BEFORE ME,the uri a Notary Public in and for the State at Texas,on this day personally appeared
F.E.Bemenderfer,Jr.,known to me to be the person and officer whose rome is subscribed to the foregoing
"RPLS 3963—P/
(C.pd.lRr instrument and acknowledged to me that he executed the some for the purpose and considerations therein
CM TOM) expressed and In the capacity thel statd.
OWNER'S DEDICATION ACKNOWLEDGMENT Chairman,Planning&Zoning Uomnl Date
STATE OF TEXAS City of Wow,Texas
COUNTY OF COLLIN GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the----day of-----------2023.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: APPROVED FOR CONSTRUCTON
That,Wylie Economic Development Corporation,owner,does hereby adQpt this plot ---------------------
designating the herein above described property as Final Plat of Hwy.78&Brown ----------------------------------- ---------- Notary Public in and for
Addition Cooper Plaza Lots 1-7,Block A,an addition to the City of Wylie,Texas,an Mayor,City of Wylie,Texas Dote The State of Texas
does hereby dedicate,in tee simple,to the public use forever,the streets,
Legend rights-of-way,and other public improvtrintrits shown therecri.The streets and alleys,if
+ — any,are dedicated for street Purposes.The easements and public use areas,are
M� C RF Copped Iron Rod Found dedicated,for the public use forever,for the purposes indicated on this plot.No ACCEPTED
80, 160, 240' RCIRF Roome Capped Iron Rod Found buildings,fences,trees,shrubs or other improvements or growths shell be constructed
CCMR Collin County Map Records or placed upon,over or across the easements as shown,except that landscape
COUP Collin County Land Records improvements may be placed in landscape easements,if approved by the City Council
UM Controlling Monument of the City of Wylie.In addition,utility easements may also be used for mutual use Mayo,,City of Wylie,Texas Date
WEDC Wylie Economic Development and accommodation of all public utilities desiring to use or using the some unless the
Corporation easement Irmts the use to particular utilities,sold use by public utilities being
Curve Table F.L.A.U.D.F. Fire Lane,Access,Utility subordinate to the public's and City of Wylie's use thereof.
Drainage Losernent
!CURVE !RADIUS!ARC LENGTH UTHORD LENGTH!CHORD BEARING!DELTA ANULE] The City of Wylie and public utilities entities shall have the right to remove and keep
C1 143.00'128.90' 128.36' 1 N71-02'39-E 38-30'37" removed all or ports of any building,fences,tree�,shrubs or othtr improvements or
growths which may in any way endanger or interfere with the construction,maintenance, Filial Ph?t
or efficiency of their respective systems in said easements.The City of Wylie and public
utility entities shall it all times have the full right at ingress end egress to or from The urdersigned,the City Secretary of the City of'Nylle,Texas,hereby certifies
their respective easements for the purpose of cQnstucting,reconstructing,inspecting, Hwy 78&Bro wn A ddifian
SEE SHEET TWO FOR that the foregoing Final Plot of Hwy.78&Brown Addition Cooper Plaza Lots
patrolling,maintaining,reading metel and adding to or removing all or parts of their 1-7,Block A,a subdivision or addition to the City of Wyie was�ularnitted to
EASEMENT INFORMATION respective systems without the necessity at any time procuring permission from anyone, the City Council on the---day of--------------2023,and the
Cooper Plaza
Courcil,by formal action,then and there accepted the dedication of street$,
alley,parks,easement,public places,and water and sewer lines as shown and
WITNESS MY HAND,this the----day of------------2023, Lots 1-7.-fllockA
set forth in and upon said plot and said Council further authorized the Mayor 9
to note the acceptance thereof by signing his name as herein above
I e Notice:Selling a portion of this addition by I Wft Economic Development Corporation subscribed. 11.622 A cres
metes and bounds is a Ablution of city
ST BY. ——— Being Comprised of Multiple Tracts ofLand
IN BR WN E BRJ)WN ST E BROWN ST ordinance and state low and is subject to fines Witness my hand this---day of-----------A.D�,2023�
and withholding at utilities end building permits. NAME: 7CommercialLots
TITLE: James Truett Survey,Abstract No.920
E JEFF SON S ---- ----
City Secretary
Notes: City of Wylie,Texas Francisco de]a Pina Survey,Abstract No.68N
1)CM is a controlling monument; City offfl
LJ E MARBLE MARBLE ST -, n yfie,Collin County,lexas
2)Bouring Base:Grid North,NAD83 Texas State Plane Coordinate Systel Thol Central Zol STATE OF TEXAS October 2023
as derVel by survey—gride Global Positioning System; COUNTY OF COLLIN
3)No part of the subject property lies within a Special Flood Hizard Area inundated by
OAK ST K ST 100—yeor flood per Map Number 480KC0420J of the F.E.M.A.Flood Insurance Rote,Maps for Before me,the undersigned authority,a Notary Public in and for said County and State,on this
Collin County,Texas&Incorporated Areas dated June 2,2009.(Zone X); day personally appeared
---------------------------known to me to be the persons Sheet 1 of 2 P:\AC\2023Q3\AC91 41 68.DWG
4)This plot was performed without the benefit of a Title Commitment.There rroy be whose names are subscribed to the foregoing instrument and acknowledged to me that they each
<
ca executed the some for the purpose and considerations therein expressed. SuLrrittcjl:Oct.91 2023 Engineer: Wylie Ec.a Sa—yor:
easements,or other matters,riot chowl Given under my hand and seal of office,tlhi�----day of----------2023.
MASTERS AVE Subject property on Sanitary Sewer Systern; Revised:Oct.20 Vasquez Engineering,L.L.G. Mment Corporation Hoare Land Surveying
2023 As Roome
1919 S.Shiloh Rd 250 5 Highway 78 2000 Ave S,Suite B10
a, 5)The property owner aliall maintain easement areas shown on this Plot. Revised:Oct.31,2023 Garland,Tx 75042 'Aylie,Tx 75098 Plano,Tx 75074 Land Surveying
7)The city is to own and maintain the drainage easement on Lot 7. ---------------------- (972)278-2948 (972)442-7901 (972)423-4372 2000A-iuc,G.Scii,,810
a ary u iG in an or Attn:Juan J.Vasquez Attn:Jason Greiner Attin:Fred B—enderfer
VICINITYMAP 8)No uppurtenun�e between the height of 2'and 9'Lucy be placed in the visibility triangles. the State of Texas jvasquezUvasquezengineering.corn email:joson@.ylieedc.com small:fredb4roorneiric.com Plano,Texas 75074
Phone(972)423-4372/Fax(972)423-7523
N.TS. vxvvvvroomesurveying.corn/Firm No.'4�io�60
29
1111412023 Item E.
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BEGINNING (V-bl�ft1h oqhl-f-fty) S83'00'22"E S79'5826"E Scale:1"=60'
S89'42'02"E 95,3-24' 1/2"IRF-iing 79,76 28.91' 1,3.97'
483.5 - - - @ 0 916.49 1 1/21RF, I"CIR 31,31,
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93,05' ---,1,-32*23' 75,767 Sq.Ft. X
U7, 1.739 Acres
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LOT 6 LOT 7 X
021
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67,692 Sq.Ft. 14
10 4 Allielt 4 129,737 Sq.Ft.
bk AWWW AdMe 2.979 Acres 1.554 Acres LJ
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LOT 2 NA AW W 0.6 AM
4 AW&I 1XW
41 1.014 Acres'
2 44,188 Sq.Ft
01
Legend
C6
W#&PX LM X~4
Mill A CIRF Capped Iran Rod Found
'o POPE Roome Capped lion Rod Found
n>o'N Z,
CCMR Collin County Mals Records
4
�,-L41 fi CCLR Collin County Lcrid Records
39 518 Sq.Ft.
LOT 3 &
0.�07 Acres
��Z'00 Gm Controlling Monument
vc WEDC Wylie Economic DevelOpInent
Q� Corporation
11� �,;, \ -.L.A.U.D.E. Fire Lane,Access,Utility
Iff 4ft A"UC &Drainage Easement
-,t WkW re.&.1
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Line Table Line Table
LOT 5
&WdW of C"dAW Am ftM
78,996 Sq-Ft IF NE BEARING D STANCE LNE BEARING DISTANCE
A_VP
1.814 Acres `1 IM CaR
M=14*1,p
L 1 S89*43'�l"E T50' L27 S89'42'02"L 69.87'
a*or L2 NGO*OO'l 9"W 47.86' L28 SOO'l 7'58"W 1000'
R~Adff.
L3 NGO*00'1 9"W 14.31' L29 N89'42'02"W 1000'
L4 N89'59'41 1 30-00' L30 NOVI 7'58"E 9.92'
-o" L5 SOO'DO'l 9"E 100.64' L31 N83'1 2'40"W 16.39'
189-1 11'51'W 193, 1W I Q L6 S89*42'02"E 70.32' L 372 NCC,'47'20"E 16.39'
Z Bkk I I L7 S89'42'03"E 125.28' L33 N38'1 2'40"W 6.99'
1� AWWAldl L8 S51'47'20"W 15.DO' L34 Nbl'47'20"E 1 J.46'
A0WAAMN Z 1,�
1W;7 P#4^=N 4 L9 1�51-47'20"W 17.50' L35 SOO'l 7'b8"W 21.50'
ArMAW L10 W8*12'39"W 22.50' L36 N89*42'02"W I b.00'
11*W ow awl
MW 111 111 b38*1 2'40"E 22.50' L737 N00*17'58"E 21 50'
ROW - A ... I A<- L12 b5l'47'20"W 30.00' L38 SOO'l 7'58"W 10.00,
�1/2"RF N8943'51"W 294.28' L13 N38*12'40"W 22.50' 1739 N89'42'02"W 10.00'
P_rq a
L14 SO0,00,1 9"E 22.37: L40 NOG*17'58"E 9.32'
Marble Street Marble Street L15 N89'43'51 W 30-00 L41 S06�3'56 W 11.60'
(70'A�h�f Wy) 116 NM*06'04"W 55.24' L42 S38'06'04"L 16.39,
L17 NCO*17'58"E 68.56' L43 S51,53'56"W 1 b.00'
-18 N45*00'UO"W 61.92' L44 N38*06'04"W 24.55'
L19 N45-OO'DO"E 15.00' 1 L45 lS06'b3'b6"W 34.83'
L20 S4b'O)'QO"E 4TV L46 N83*06'04"W 15.00,
L21 NOT17'581 1137.01' L47 N06 1�§1!6777
CW NAWAX111111l VaR till L22 �;21'47'2)"W 157.53' L48 8 E
'47'20"E
M23 N21 L49 S44'42'02"E 115.00'
N fice:Selling a portion of this addition by Z Lot 1.Sim*A L24 S51*47'21"W K2;
1000 L50 I S45'1 T�8"W 125 89'
mo "Ar Qi M L25 13312'39"W 110.00'
d bounds is a violation of city KVP XG
t L26 N5 1'47'21 T IQ RW
ina cc 0 nd state low and is subject to fines
orled esnor
arid withholding of utilities and building pernits.
"RPLS 3963" Curve Table
(Upd.IRF Fin af Pia t
CM TxDot) CURVE RAD US ARC LENGTH CHORD LENGTH CHORD BE4JPING DELTA ANGLE
CI 28.00' 20.98' 20.49' N21'28'20"VV 42'5 S'O I Hwy 78&Brow,n A ddido,n
C2 28.00' 20.98' 20.49' N21'27'42"E 42'5 5'0 1
C3 28.00' 43.83' 39.49' S44'5 1'11"E 89'41'43" Cooper Plaza
C4 28.00' 18.82' 18.47' N71'C2'39"E 38'30'37"
C5 58.00' 38.98' 38.25' N71'C2'39"E 38'30'37"
C6 28.00' 43.98' 39.60, N831 2'40"VY 90,00,00" Lots 1-Z BlockA
C7 28.00' 43.98' 39.60' S06'47'20"W 90,00,00"
Site 2Acres
C8 28.00' 43.98' 39.60' N831 2'40"VV 90,00,00" -11.62
W BRO N ST C9 52.00' 34.92' 34.27' S71'01'45"W 38'28'49" Being Comprised of Multiple Tracts ofLand
L! E BROWN ST E BROWN ST CIO 52.00' 16.29' 16.22' W*45'50"W 17'56'59"
C11 52.00' 17.82' 17.73' S79'33'22"W 19'38'05" 7CommercialLots
C12 52.00' 0.81' 0.81' S89'49'1 7"W 0'53'44" James Truett Survey,Abstract No.920
E JEFF SONI ST C13 28.00' 44.12' 39.69' S45*07'55"W 90'13'28"
C14 28.00' 43.85' 39.5D' N4452'05"A' 89"43'32" Francisco dela Pina Survey,Abstract No.68N
C15 28.00' 44.13' 39.70' N45'08'49"E 90'1 V 7" E,oineer City at'Wyfie,Collin Co tin ty,Texas
LJ 0 MARBLE ST MARBLE ST t� C16 58.00, 38.98, 38.25' N71'C2'39"E 38'30'37" Vasquez Engineering,L.L.C.
E:)BE-F^I L- 'EV F-)E=--F^IL-'C�' 'E:)' E:)E=--F^IL-'F-=' C17 28,00' 18,82' 18.47' N71'02'39"E 38'30'37" 1919 S.Shiloh Rd
SCALE,1 40' SCALE.1 40' SCALE.1 40' SCALE 1 40' SCALE.1 40' October 2023
CIB 28 00' 25 16' 24 32' S63*57'21"E 5V2923" Garland,T�75042
C19 28 00' 43 98' 39 6T S06*47'2D"W 90,00,00" (972)278-2948
K ST "v Attn:Joan J.Vasquez
C20 28,00' 13.80' 18.45' S71'01'45"W 38"28'49" j-quez4vasquezengineering.com
C21 28,00' 3.39' 3,39' N41'40'313"W 6'55'54" Sheet 2 of 2 P:\AC\2023Q3\AC914168.DWG
C6 L27 S8942'02'E 97.31'7 L22 28.00' 40.59' 37.13' N86'40'3b"VV 53*04'Ob"
-C22
-62.04� Owner:Wylie Economic Survey-
MASTERS AVE C23 28,00' 41,95' 33.14' N42'55'1 01 85*50'57"
El 6, L29 1-3� U24-28.00' 2.18' 2.18' N88'04'1 81 4'27'19" Development Corporation Roars Land Surveying
Roome
n, Ply dhb pW L31 C25 58.00' 37,45' 36.30 N71'48'1 31 36'59'30" 250 5 Highway 78 000 Ave S,Suite Blo
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27 21�OOU�: 111?' 1�1 42:�4::L 2 41 7:: Attn Jason Greiner Attn:Fred Bernenderfer Plano,Texas 75074
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N.TS. �roonnesurveying.com/Firm No.10013100
30
1111412023 Item F.
Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Consider, and act upon, a Preliminary Plat of Texas Collision Addition Lot 1, Block A, establishing one commercial lot on
1.985 acres, located at 401 S. Westgate Way.
I 1111110111110VA4 Loll 1
1 70tion to approve the Item as presented.
OWNER: Lmb Realty LLC APPLICANT: Odyssey Services Group
The applicant has submitted a Preliminary Plat to establish Lots 1, Block A of Texas Collision Addition on 1.985 acres,
located at 401 S. Westgate Way. The property is zoned Commercial Corridor with a Special Use Permit for an Automotive
Repair, Major Use(Ordinance No. 2023-46).
The purpose of the Preliminary Plat is to create one commercial lot and dedicate fire lane easements for the development.
The site plan for the development was approved by P&Z on November 7, 2023.
The plat provides access to Westgate Way via a 26' wide fire lane.
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 Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
31
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1111412023 Item G.
Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Consider, and act upon, a Final Plat of 544 Gateway Addition,Lot 6R,Block A,being an Amended Plat of Lot 6,Block A of
544 Gateway Addition, establishing one commercial lot on 3.00 acres, located at 607 Commerce Drive.
I 1111110111110r.-M Loll 1
1 70tion to approve the Item as presented.
OWNER: Wylie Economic Development Corporation APPLICANT: Roome Land Surveying
The applicant has submitted an Amended Plat to create Lot 6R,Block A of 544 Gateway Addition. The property is located at
607 Commerce Drive. A final plat was approved in February 2023. The purpose of this Amended Plat is to dedicate access
and utility easements for the development of a lumber yard. The proposed use is allowed by Planned Development Ordinance
No. 2023-13.
Access to the site is provided by two driveways that connect to Commerce Drive and to the adjacent property to the south
which leads to FM 544.
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 Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
33
1111412023 Item G.
X STATE OF TEXAS OWNER'S DEDICATION&ACKNOWLEDGMENT STATE OF TEXAS OWNER'S CERTIFICATE
COUNTY OF COLLIN COUNTY OF COLLIN
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: WHEREAS,Wylie Economic Development Corporation,is the owner of a tract of land situated in the
State of Texas,County of Collin and City of Wylie,being part of the E.C.Davidson Survey,Abstract
That,Wylie Economic Development Corporation,owner,does hereby adopt this plat No.266,being all of Lot 6 of 544 Gateway Addition Lots 1-7,Block A,cis recorded in Volume 2023,
designating the herein above described property as Amending Plat of 544 Gateway Addition Page 527 of the Plat Records of Collin County,Texas,with said premises being more particularly
Lot 6R,Block A,an addition to the City of Wylie,Texas,an does hereby dedicate,in fee described cis follows:
simple,to the public use forever,the streets,rights-of-way,and other public improvements
shown thereon.The streets and alleys,if any,are dedicated for street purposes.The BEGINNING at a"Boundary Solutions"capped iron rod found at the intersection of the east
easements and public use areas,are dedicated,for the public use forever,for the purposes right-of-way line of Commerce Drive(65'right-of-way)with the south right-of-way line of a Dallas
indicated on this plat.No buildings,fences,trees,shrubs or other improvements or growths
Dallas Area Rapid Transit Railway Area Rapid Transit Railway(100'right-of-way),marking the northwest corner of Lot 6 and the
shall be constructed or placed upon,over or across the easements as shown,except that northwest corner of the herein described premises;
(/00'tAght-of-WOY) landscape improvements may be placed in landscape easements,if approved by the City
0. 40' 80, Council of the City of Wylie.In addition,utility easements may also be used for mutual use THENCE with the south Cight-of-way line of a Dallas Area Rapid Transit Railway and the north
and accommodation of all public utilities desiring to use or using the same unless the line of Lot 6,North 88*00'40"East(basis of bearings),passing at 255.92 feet a 1"iron pipe found,
easement limits the use to particular utilities,said use by public utilities being subordinate
POINT OF to the public's and City of Wylie's use thereof. and continuing for a total distance of 431.90 feet to a point marking the northwest corner of Lot 5
Scale:1"=40' BEGINNING (Source Bearing) N88'00'40"E of said 544 Gateway Addition,the northeast corner of Lot 6 and said premises-,
'bour"solutions" N88'00'40"E 431.90' 175.98' 67.40' ---- --------- The City of Wylie and public utilities entities shall have the right to remove and keep THENCE with the west line of Lot 5 and the east line of Lot 6,South 02'18'53"West,319.74
Cd.IRF(CM; -------- removed all or parts of any building,fences,trees,shrubs or other improvements or feet to a point in the north line of Lot 3 of said 544 Gateway Addition,marking the westerly most
und.rit solutions'
----------- du.ions
255m92' 1"Iff Cp F growths which may in any way endanger or interfere with the construction,maintenance,or southwest corner of Lot 5,the southeast corner of Lot 6 and said addition;
------ R,,b,d,d F,t, Vol 202J,Ps 527, efficiency of their respective systems in said easements.The City of Wylie and public utility
PRCCT
D,[,,Li,,PAll, entities shall at all times have the full right of ingress and egress to or from their THENCE with the north line of Lot 3 of said addition,the north line of Lot 7 of said 544
1 C2------- ....... a respective easements for the purpose of constucting,reconstructing,inspecting,patrolling,
`s1(A.,d,,'1 by 1hb`,1't)" Gateway Addition,and the south line of Lot 6 as follows:northwesterly along a curve to the left
I--_ Portion of 11 9TO ------T maintaining,reading meters,and adding to or removing all or parts of their respective having a central angle of 03*31'52",for an arc distance of 2.59 feet,with a radius of 42.00 feet
systems without the necessity at any time procuring permission from anyone.
V,,bof,7,91, L------------ (chord=North 85'55'11"West,2.59 feet)to a point marking the end of said curve;North 8741'07"
(SEE OETAIL) West,428.10 feet to a point in the east right-of-way line of Commerce Drive,marking the northwest
N87'41'01'W 132.21' corner of Lot 7 of said addition,the southwest corner of Lot 6 and said addition;
------ WITNESS MY HAND,this the----day of------------2023.
Wylie Economic Development Corporation THENCE with the east right-of-way line of Commerce Drive and the west line of Lot 6,North
02'18'59"East,287.25 feet to the place of beginning and containing 130,694 square feet or 3.000
acres of land.
BY:
LOT 6R
65' -A 130,694 Sq.Ft. NAME:
3.000 Acres TITLE:
LOT 6
544 Gateway Addition ai
LOT BLOCK I Lots 1-7,Block A STATE OF TEXAS
544 Industrial Park Go 1,2023 Pg,527,P R.C.CT, COUNTY OF COLLIN
Vol,F,Pg,445,P,R.C,C.T
SURVEYOR'S CERTIFICATE
Before me,the undersigned authority,a Notary Public in and for said County and State,on
�O this day personally appeared---------- ---------------known to me to be the STATE OF TEXAS
:�'o, �4 COUNTY OF COLLIN
persons whose names are subscribed to the foregoing instrument and acknowledged to me
LOT 5 that they each executed the some for the purpose and considerations therein expressed.
�2 1211 ..... KNOW ALL MEN BY THESE PRESENTS:
(to 'no� 544 Gateway Addition Given under my hand and seal of office,this----day of----------2023.
NV'41'01LW 1 Oa� Lots 1-7,Block A THAT 1,F.E.Bemenderfer,Jr.,do hereby certify that I prepared this final plat and the field
-14�_-- Vol 2023,Pg 527,P A C C T notes made a part thereof from an actual and accurate survey of land and that the corner
L 'o,
-----------------
6 monuments shown thereon were properly placed under my personal supervision in
do Notary Public in and for
accordance with the Subdivision Regulations of the City of Wylie,Texas.
SEE DETAn the State of Texas
cos,f-'-f
(by ar,cco
OF
"\sr
Dated this----day of-----------2023.
R-M,d F,u RECOMMENDED FOR APPROVAL
D,t,,o.�P.,d A-
Vbl 2023 ,527,P.R.0 C T
(Ai2d' NOT FOR RECORDINC
15
npgd by ffii�pl,A) ..........................
-------------- ---
----- 172.99' e, -------------- ----- --- F.E.Bemenderfer,Jr. ...:p 4051
Chairman,Planning&Zoning Commission Date 0
6`C5 Ic Registered Professional Land
176.3r; -1�112T _�2 10'
City of Wylie,Texas
AUSIRess Wqy n IL 127.6F- _1369, Surveyor No.4051
1'4�
I.L38.41'q, /
so�,20' L71 45 48�
V'Sobillon L16 20�oo' L
(60'
ar,6171sr 7,gs,E'� L21
c N874 APPROVED FOR CONSTRUCTION ACKNOWLEDGEMENT
at'las
V14 2 c20�c?o'usbat C1
'1"11 Ie'121 111, -6.lu
Ell STATE OF TEXAS
----- -------------- owgo,
--------------- COUNTY OF COLLIN
Mayor,City of Wylie,Texas Date BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day
personally appeared F E.Bemenderfer,Jr.,known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that he
ACCEPTED executed the so me for the purpose and considerations therein expressed and in the
LOT 7 LOT 3 22 5' 22.5' 1 1 ---------------- ----- --- capacity therein stated.
LOT 12,BLOCK 1 544 Gateway Addition 544 Gateway Addition Mayor,City of Wylie,Texas Date GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the----day of-----------2023.
544 Industrial Pork Lots 1-7,Block A
Vol.F,Pg.445,P.R.0 C.T. Vol 2023,Pg.527,P R.0 C.T. Lots 1-7,Block A
Vol.2023,Pg.527,P R.0 C.T.
The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies that the ---------------- ---
foregoing Amending Plat of 544 Gateway Addition Lot 6R,Block A,a subdivision or addition Notary Public in and for
t a the City of Wylie was submitted to the City Council on the---day of The State of Texas
-------------2023,and the Council,by formal action,then and there accepted the
F UbIsy dedication of streets,alley,parks,easement,public places,and water and sewer lines as
n0sn, 5Z7,P C,C shown and set forth in and upon said plat and said Council further authorized the Mayor to
45'A,,,-0q,
_X_FrdL(CM) r2 Pg E,� LOT 4 note the acceptance thereof by signing his name as herein above subscribed.
NOTE:Private property owners are responsible 1 1 544 Gateway Addition
for the maintenance of all easement areas. 5/81RF lots 1-1,11ocl A
Vol,2023,Pg,527,P,R,C,C,T. Witness my hand this---day of-----------A.D.,2023.
*NOTE:Regional Detention Pond to be provided
on Lot 4,Block A of 544 Gateway Addition as I:>FE_F1-1 I L_
recorded in Volume 2023,Page 527 of the Plat SCALE.1'�_-20'
City Secretary
Records of Collin County,Texas. City of Wylie,Texas
-boundary solutions-
Notice:Selling a portion of this addition by Gpd.IRF(CM) L27
metes and bounds is a violation of city THE PURPOSE OF THIS
ordinance and state law and is subject to fines REPLATIS TO CREATE Notes:1)CM is a controlling monument;2)Bearings based an GPS North.3)No
3/0'V"'bov,
and withholding of utilities and building permits. EASEMENTS
Ic-ga part of the subject property lies within a Special Flood Hazard Area inundated by
100-year flood per Map No.48085CO420 J of the F-E.M.A.Flood Insurance Rate
Line Table Maps for Collin County,Texas and Incorporated Areas,dated June 02,2009(Zone
I to X);4)This survey was performed without the benefit of a Title Commitment.5)
'ci LINE BEARING DISTANCE -
_1 NO2'1 8'59"E 30.78' Subject property on Sanitary Sewer System.6)No appurtenance between the
Bro.n St. L2 S02'1 8'59"W 32.78' height of 2'and 9'may be placed in the visibility triangles.
Z_ L3 N87'41'07"W 10.00'
L4 NO2'1 8'59"E 64.66' plqt
SCALE:1 40' L5 N42'41'01"W 10.00' Benchmarks: Amending 4 Ida
1`6 L6 N87'41'01"W 27.43' City of Wylie Monument#1 * '
PROJECT L7 NO2'1 8'59"E 10.00' Located on the north side of State Highway No.78 near the east entrance drive 544 Ga te way A ddition
LOCATION J10'hnbsov for the City of Wylie Municipal Complex at 2000 State Highway No.78 North
T,;,,gl, L8 S87'41'01"E 31.57' Northing-7060922.944,Basting-2576974.068,Elevation 530.294
us- _9 IS42'41'01"E 18.28' City of Wylie Monument 42 Lot 6R,BlockA
L10 S02'1 8'59"W 68.80' Located north of State Highway No-78 and west of South Ballard Street near the
Railroad Tmck� 4--_L(L &r _1 1 N47'20'33"E 13.44'
LOT 6R _2 utheast corner of the building at 104 South Ballard Street
\<, � so 3.000 Gross A cres/1319,6_94 Net A cres
LOT 6R �2 L12 S02'1 8'59"W 20.00' Northing-7057346.784,Easting-2569521.039,Elevation 550.238 Legend
_6 /0,sot"E_f L13 N87'41'07"W 20.02' ommerdalLot
ca (bo,thi,/,B L14 N47'20'33"E 1 U_6' Cpd.IRF Capped Iron Rod Found -1 C
RCIRS Roome Capped Iron Rod Set E.C.Da vidson Survey,A bstra ct No.266
IN Kirby St.(W.FM 544) L15 S42*41'04"E 14.85' Curve Table CCMR Collin County Map Records
co _1 6 N87'41'07"W 20.00' CCLR Collin County Land Records
E Stone Rd.. In- L17 NO2'1 8'59"E 20.00' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CM Controlling Monument City of Wylie,Collin County Texas
L18 S42*41'04"E 13.43' 01 42.00' 2.59' 2.59' N8555'1 1"W 3*31'52" WEDC W1111 ic Development
L19 N47'1 8'56"E 13.44' 02 30.00' 21.84' 21.36' S65*59'25"E 41'42'39' C.rlc=M July 2#23
L20 S02*1 8'59"W 20.00' C3 30.00' 47.12' 42.43' S 42*4 1'0 1"E 90'00'DO"
L21 N87'39'35"W 20.00' 04 30.00' 21.24' 20.80' S1 7*58'101 40'34'18"
Revised:10/27/2023 P:\AC\202lQ4\AC883538.DWG
L22 N47'1 8'56"E 14.85' C5 30.00' 21.23' 20.79' N2235'1 O"E 40'32'26" Owner:
64.69 L23 S42'41'04"E 14.85' 06 30.00' 47.12' 42.43' N42`41'01"W 90,00,00" Wylie Economic Development Surveyo
L24 N87'41'07"W 20.00' C7 30.00' 47.12' 42.43' S47*18'5 9"W 90,00,00" Roome Land Surveying
Corporation 2000 Avenue G,Suite 810 Roome
8 0' C8 lS17*Q2"E 38'41'01 250
L25 NO2'1 1;55�ITE 120!0 N11_2 South Hwy.78 Plano,Tx 75074
,E 13� �: .3§2 4-E 38'40'51 Wylie,Texas 75098
VICINITYMA 4 710 C1 11_26 lS42' 3' C9 2§8!0 F:�l 1 9 0: 18255 (972)423-4372 Land Surveying
IL27 I N88-00-40-E 10-79' C10 130.00' 147.12- 142.43' 1 N42-41'01-W 190-00,00, 2000 A-,G,Suit,310
IL28 I S87-41'01"E 15.38' C11 130.00' 122.28' 121.77' 1 S71-02'30"W 142'32"7" (972)442-7901 Attn:Fred Bemenderfer Plano,Texas 75074
Alanis Dr N.TS. -AlanilDr ITPhone(972)423-4372/Fax(972)423-7523
N.roomesurveying.com/Firm No.10013 100
34
1111412023 Item H.
If lt� Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Consider, and act upon, a Preliminary Plat of Lots 1-5X, Block A of Wylie Lake Townhomes Phase 11, establishing four
single-family attached and one open space lot on 0.937 acres. Property generally located north of 1924 Spencer Lane.
I 1111110111110VA4 Loll 1
1 70tion to approve the Item as presented.
OWNER: TAAS Investments APPLICANT: Global Land Surveying
The applicant has submitted a Preliminary Plat to create Lots 1-5X, Block A of Wylie Lake Townhomes Phase 11 on 0.937
acres for a townhome development of four townhome units with one open space lot that serves as a 40' landscape buffer for
the future road way of Park Boulevard. The property is generally located north of 1924 Spencer Lane.
The property is zoned within the Wylie Lakes Planned Development (Ordinance No. 2003-18) and allows for the proposed
use.With this development no additional townhome units are allowed within the Wylie Lakes Subdivision as the development
has reached its permitted 80 home maximum.
The residential lots are in compliance with the townhouse design standards of the Zoning Ordinance. The open space lot is to
be owned and maintained by the existing Homeowners Association of the Wylie Lake Townhomes.
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 Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
35
1111412023 Item H.
VICINITY MAP
(NOT TO SCALE) OWNER'S CERTIFICATE OWNER'S DEDICATION
STATE OF TEXAS STATE OF TEXAS
COUNTY OF COLUN COUNTY OF COIJIN
WHEREAS,TAAS INVESTMENTS,LLC IS THE OWNER OF A TRACT OF LAND NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS
JAYDEN LAN SITUATED IN THE FRANCISCO DE LA PINA SURVEY,ABSTRACT NO.688.IN
THE CITY.OF WYLIE,COLLIN COUNTY,TEXAS,AND BEING A PART OF A THAT,TAAS INVESTMENTS,LLC,ACTING 13Y AND THROUGH THE UNDERSIGNED,THEIR DULY
a: CALLED 5775 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED
HOA UNDER COUNTY CLERK'S FILE NUMBER 20190515000545050,DEED RECORDS AUTHORIZED AGENT,DOES HEREBY ADOPT THIS PRELIMINARY PLAT DESIGNATING THE HEREIN
w COLLIN COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY DESCRIBED REAL PROPERTY AS WYUNE LAKE TOWNHOMES PHASE 11,AN ADDITION TO THE
TRINITY LANE
11 100 LOT 1X CITY OF WYLIE,COLLIN COUNTY,TEXAS,OF THE MAP RECORDS OF COLLIN COUNTY,TEXAS,
_f, 3 METES AND BOUNDS AS FOLLOWS: AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER.THE STREETS,ALLEYS,AND
BEGINNING AT*T POST"FOUND FOR CORNER AT THE SOUTHWEST CORNER PUBLIC USE AREAS SHOWN THEREON,THE EASEMENTS AS SHOWN,FOR THE MUTUAL USE
OF SAID 5.775 ACRE TRACT COMMON TO THE SOUTHEAST CORNER OF A AND ACCOMMODATION OF THE CITY OF WYLIE AND ALL PUBLIC UTILITIES DESIRING TO USE
OR USING SAME.ALL AND ANY PUBLIC UTILITY AND THE CITY OF WYLIE SHALL HAVE THE
TRACT OF LAND DESCRIBED IN A DEED TO NORTH TEXAS MUNICIPAL WATER
RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS,FENCES.SHRUBS.
DISTRICT.OF RECORD IN VOLUME 3713,PAGE 417,OF THE DEED RECORDS
FND 5/8-I.R.(MRD) �<1411 TREES,OR OTHER IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE
OF COLLIN COUNTY,TEXAS,IN THE NORTH LINE OF LOT 22,BLOCK A,OF
SITE COLBY LANE WYLIE LAKES,PHASE 1A,AN ADDITION TOT HE CITY OF OF WYLIE,COLLIN WITH THE CONSTRUCTION.MAINTENANCE,OR EFFICIENCY OF ITS RESPECTIVE SYSTEMS ON
COUNTY.TEXAS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME SAID EASEMENT AND THE CITY OF WYLIE AND ALL PUBLIC UTILITIES SHALL AT ALL TIMES
HAVE THE RIGHT OF INGRESS AND EGRESS TO AND FROM AND UPON THE SAID EASEMENT
2007,PAGE 36,OF THE MAP RECORDS OF COLLIN COUNTY,TEXAS,FROM
.-P, WHICH A 3/8-IRON ROD FOUND FOR REFERENCE BEARS NORTH 86-37-02- STRIPS FOR THE PURPOSE OF CONSTRUCTING RECONSTRUCTING,INSPECTING,PATROLLING,
WEST,A DISTANCE OF 4.58 FEET: MAINTAINING AND ADDING TO OR REMOVING ALL OR PARTS OF ITS RESPECTIVE SYSTEMS
_j WITHOUT THE NECESSITY,AT ANY TIME,OR PROCURING THE PERMISSION OF ANYONE.
THENCE NORTH 00'30'16"EAST ALONG THE COMMON LINE OF SAID 5.775
ACRE TRACT AND SAID NORTH TEXAS MUNICIPAL WATER DISTRICT TRACT,A WITNESS MY HAND,AT TEXAS,THIS THE DAY OF—.2023.
RELEASED 10/0--ts'023 FOR
DISTANCE OF 319.60 FEET TO A 5/8 IRON ROD FOUND FOR CORNER IN I f�
THE SOUTHWEST RIGHT-OF-WAY LINE OF PARK BOULEVARD(120'PUBLIC REVIEW PURPOSES ONLY NOT-0
RIGHT-OF-WAY),SAID POINT BEING AT THE BEGINNING OF A NON-TANGENT BE RECORDED FOR ANY REASON
CURVE TO THE RIGHT HAVING A RADIUS OF W.00 FEET.A CENTRAL ANGLE OWNER:TAAS INVESTMENTS.INC.
OF 14�47'10'AND A CHORD WHICH BEARS SOUTH 49-34'49-EAST,A DULY AUTHORIZED AGENT
DISTANCE OF 241.91 FEET,. TAUHEED SADDIQUI
R=940.00' THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE CURVING SOUTHWEST
LINE TABLE RIGHT-OF-WAY LINE OF SAID PARK BOULEVARD.AN ARC DISTANCE OF
242.58 FEET TO A 5/8-IRON ROD FOUND FOR CORNER; STATE OF TEXAS
CB=S 49'34'49"E COUNTY OF COLLIN
LINE DIRECTION LENGTH CH=241.91'
LI S 4T I I'll 4'E 8.15' L=242.58' THENCE SOUTH 42`11'14"EAST CONTINUING ALONG THE SOUTHWEST BEFORE ME,THE UNDERSIGNED AUTHORITY,A NOTARY PUBLIC IN AND FOR THE STATE OF
RIGHT-OF-WAY LINE OF SAID PARK BOULEVARD,A DISTANCE OF 8.15 FEET TEXAS,ON THIS DAY PERSONALLY APPEARED TAVHEED SADDIQUI,KNOWN TO ME TO BE THE
L2 S 47'34*33"W 0.50' TO A 5/8 IRON ROD FOUND FOR CORNER AT AN ANGLE POINT; PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED
TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN
L3 S Dr48'46"W 34.68' THENCE SOUTH 4734'33"WEST,A DISTANCE OF 0.50 FEET TO A 5/8"IRON EXPRESSED AND IN THE CAPACITY THEREIN STATED.
ROD FOUND FOR CORNER;
L4 S D2!48'46"W 34.77' GIVEN UNDER MY HAND AND SEAL OF OFFICE,THIS THE—DAY OF
THENCE OZ48-46-WEST,A DISTANCE OF 34.68 TO A 5/8:IRON ROD FOUND 2023.
L5 S 47-34-33-W 8.74' FOR CORNER IN THE NORTHWEST RIGHT-OF-WAY LINE OF SPENCER LANE(A
400- VARIABLE WIDTH RIGHT-OF-WAY,SAID POINT BEING AT THE BEGINNING OF A
L6 S 4T 11'114"E 0.28' NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 335.00 FEET,A --NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
CENTRAL ANGLE OF 26*00*59",AND A CHORD WHICH BEARS SOUTH
L7 S 02748'33"W 14.14'
3,V48;1 6-WEST.A DISTANCE OF MY COMMISSION EXPIRES:
0
L8 S 01*22'29"W 44.78' 150.8 FEET-,
L9 S Or48'46"W 31.09' THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE CURVING NORTHWEST SURVEYOR'S CERTIFICATE
RIGHT-OF-WAY LINE OF SAID SPENCER LANE,AN ARC DISTANCE OF 152.11
L10 N 4YO3'39"W I D3.70' FEET TO A 1/2-IRON ROD FOUND FOR CORNER AT THE SOUTHEAST STATE OF TEXAS
— CORNER OF SAID 5.775 ACRE TRACT COMMON TO T11E THE NORTHEAST COUNTY OF COLLIN
S 4r 1 I'll 4!*E 33.00' CORNER OF SAID LOT 22; THAT,1,JASON L.MORGAN,DO HEREBY CERTIFY THAT I PREPARED THIS PRELIMINARY PLAT FROM
THENCE NORTH 88`50'37"WEST ALONG A COMMON LINE OF SAID 5.775 AN ACTUAL SURVEY ON THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON WERE
ACRE TRACT AND SAID WYLIE LAKES,PHASE 1A,A DISTANCE OF 104.33 FEET FOUND AND/OR PROPERLY PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE
TO THE PLACE OF BEGINNING AND CONTAINING 40,800 SQUARE FEET OR APPLICABLE CODES AND ORDINANCES OF THE CITY OF WYLIE,TEXAS.
0.937 ACRE OF LAND.
C1.1 WITNESS MY HAND AT DALLAS,TEXAS,
THIS THE—DAY OF—,2023�
"02"2023 FOR
0 VISIBILITY EASEMENT RELEASED 1011
(SEE NOTE 6) REV W PURPOSES ONLY NO
REASON
HOA BE RECORDED FOR AN
LOT 5X JASON L MORGAN
REGISTERED PROFESSIONAL LAND SURVEYOR NO.5587
0; 9,979 Sr STATE OF TEXAS
> COUNTY OF COLLIN
NORTH TEXAS MUNICIPAL ;$I\ FND 5/8-I.R.(MRD)
WATER DISTRICT Ld 4
VOLUME 3713,PAGE 417 ON THIS DAY PERSONALLY APPEARED JASON L MORGAN,KNOWN TO ME TO BE THE PERSON WHOSE
D.R.C.C.T. j 13,068 sr BEFORE ME,THE UNDERSIGNED AUTHORITY,A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS,
L6 FND 5/8-I.R.(MRD) \Y\X NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE
L2 CAPACITY THEREIN STATED
GIVEN UNDER MY HAND AND SEAL OF OFFICE,THIS THE DAY OF 2023.
RELEASED 10"'02/701_3 FOR
0
z R'V�W OURCIOSc�S NLY NOT TO
B E
.RECORDED FOR ANY REASON
Curve Table NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
CURVE RADIUS CHORD BEARING DELTA CHORD LENGTH
1. C� MY COMMISSION EXPIRES:
C11 900.00' S 48*45'39 E 13'08'51*206.07'206.52' iz
6 20*SLOPE ESMT.
�) VOLUME 5867,PAGE N��/8-I.R.(MRD)
C2 315.25' S 4VO3'08"W 01*39*44*9.15' 9.15' 3 4350
5,0_90 SF D.R.C.C.T. x
302.85'
C3 S 4r16'49"W 01*06'18"5.84' 5.84'
C� "RECOUMENDED FOR APPROVAL"
z
-Illy
5 / '\�' ��'(�`6
CITY OF WYLIE.TEXAS
CHAIRMAN,PLANNING&ZONING COMMISSION DATE
�4 IK;e "APPROVED FOR CONSTRUCTION"
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4,514 SF
MAYOR,CITY OF WYLIE,TEXAS DATE
:39. P
"ACCEPTED"
MAYOR CITY OF WYLIE,TEXAS DATE
"zo
N I
THE U DERSGNED,THE CITY SECRETARY OF THE CITY OF WYLIE,TEXAS,HEREBY CERTIFIES THAT
THE FOREGOING PRELIMINARY PLAT OF WYLIE LAKE TOWNHOMES SUBDIVISION OR ADDITION TO THE
CITY OF WYLIE WAS SUBMITTED TO THE COUNCIL ON THE—DAY OF —,2023,
AND THE COUNCIL BY FORMAL ACTION,THEN AND THERE ACCEPTED THE DEDICATION OF STREETS,
ALLEYS,PARKS.EASEMENTS,PUBLIC PLACES,AND WATER AND SEWER LINES AS SHOWN AND SET
-————————-- FORTH IN AND UPON SAID PLAT,AND SAID COUNCIL FURTHER AUTHORIZED THE MAYOR TO NOTE THE
ACCEPTANCE THEREOF BY SIGNING THEIR NAMES AS HEREINABOVE SUBSCRIBED.
8,f49 SF R=335.00' WITNESS MY HAND THIS DAY OF .2023.
CB=S 34!48*16"W
CH=150.81' CITY SECRETARY,CITY OF WYLIE,TED(AS
-L--152.1 11' TAAS INVESTMENTS.LLC
POIN7'OF CC#20190515000545050
L D.R.C.C.T.
BEGINNING 15'BUILDING LINE f (TRACT 2)
FND!3/8"1;.R,.B=EOkRS
N 86'37"02"W 4�58` PRELIMINARY PLAT
FND"T POST' N aV50'37"W 1047337-'T-j 1//7 FND 1/2'I.R.(MR.) WYL/E LAKE TOWNHOMES
23 PHASE//
BLOCK A 22 4 RESIDENTZAL LOTS AND
WYLIE LAKES,PHASE 1A BLOCK A Lu 1 H.O.A.LOT
VOLUME 2007.PAGE 36 WYLIE LAKES,PHASE 1A
M.R.C.C.T. VOLUME 2007,PAGE 36
M.R.C.C.T. AN ADDITION TO THE
CITY OF WYLIE,COLLIN COUNTY,TEXAS
NOTES:
1)ALL CORNERS LABELED HEREON AS"SET 5/8"I.R.'HAVE A YELLOW CAP STAMPED"RPLS 5587". BEING O.W7 ACRES OF LAND
2)ALL COORDINATES SHOWN HEREON ARE BASED UPON CITY OF WYLIE GEODETIC CONTROL MONUMENTS WHICH IS RELATIVE TO If
THE TEXAS COORDINATE SYSTEM(NAD83 TEXAS NORTH CENTRAL ZONE(42D2). SITUA TED IN THE
3)ALL PROPOSED LOTS SITUATED IN WHOLE OR IN PART WITHIN THE CITY*S CORPORATE LIMITS COMPLY WITH THE MINIMUM LEGEND FRANOSCO DE LA PINA SURVEY,ABSTRACT NO WS
SIZE REQUIREMENTS OF THE GOVERNING ZONING DISTRICT AND THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE. 0
4)NOTICE:SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND IS
SUBJECT TO FINES AND WITHOUDING OF UTILITIES AND BUILDING PERMITS. GRAPHIC SCALE B L.=BUILDING LINE SURVEYOR: COLLIN COUNT`1�TEXAS
5)NO APPURTENANCE BETWEEN THE HEIGHT OF 2'AND 9'MAY BE PLACED IN THE VISIBILITY TRIANGLES. 20 10 0 20 D:R.C.C.T.=DEED RECORDS,COLLIN COUNTY,TEXAS OWNER: GLO13AL LAND SURVEYING,INC. JOB NO.:23-08-058
6)VISIBILITY EASEMENTS SHOWN HEREON ARE IN ACCORDANCE WITH TABLE 9 OF THE CITY OF WYLIE THOROUGHFARE MANUAL. M.R.C.C.T.=MAP RECORDS.COLLIN COUNTY.TEXAS TAAS INVESTMENTS,LLC P.O.BOX 260369
7)ACCORDING TO MY INTERPRETATIONS OF THE NATIONAL FLOOD INSURANCE RATE MAPS FOR COLLIN COUNTY,TEXAS,MAP NO. ESMT=EASEMENT 8700 STONEBROOK PARKWAY PLANO,TEXAS 75026
48085CO420J,DATED 06/02/2009, THE SUBJECT PROPERTY APPEARS TO LIE WITHIN FLOOD ZONE'X-AND NO PORTION OF IN FEET (MRD)=MONUMENT OF RECORD DIGNITY SUITE 1265 PHONE(972)881-1700
THE SUBJECT PROPERTY IS SHOWN TO BE WITHIN A SPECIAL FLOOD HAZARD AREA. FND 1/2"I.R.=FOUND 1/2"IRON ROD FRISCO,TEXAS 75034 JMORGANOGLS-INC.COM Global Land Surveying, Inc.
I INCH=20 FEET FND 5/8-I.RFOUND 5/8-IRON ROD 972-273-0303 TBPELS FIRM NO.10016300 SERVING THE GREATER DALLAS-FORT WORTH METROPLEX SINCE 2002
36
1111412023 Item I.
Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Library Account Code:
Prepared By: Ofilia Barrera
Consider,and act upon, Ordinance No.2023-51 amending Wylie's Code of Ordinances, Ordinance No.2021-17,as amended,
Appendix A (Comprehensive Fee Schedule), Article VIII (Public Library), Section A (Library Fees) amending DVD, per
day/per item fee.
ImI 111VAMr.M Loll
otion to approve the Item as presented.
The Rita and Truett Smith Public Library would like to amend the extended use fees for DVDs from$.50 a day per item to
$.10 a day per item. DVDs were originally fined at a higher rate due to demand, but with the popularity of streaming
services, DVD circulation has significantly decreased. The hope would be to encourage patrons to borrow more DVDs. It
would also be easier for patrons to manage their accounts as this would match the fee for late books.
Library Staff respectfully requests approval of this new reduced fee and the amendment of the ordinance.
37
1111412023 Item L
ORDINANCE NO.2023-51
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO.2021-179 AS
AMENDED, APPENDIX A (COMPREHENSIVE FEE SCHEDULE), ARTICLE
VIII(PUBLIC LIBRARY),SECTION A(LIBRARY FEES)AMENDING DVD,PER
DAYTER ITEM FEE; PROVIDING A SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE, PENALTY CLAUSE AND AN EFFECTIVE DATE;
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 necessary to modify the amount of certain fees and charges assessed and collected by
the City of Wylie, Texas (" ")to pay for extended use of DVD/per day/per item; and
WHEREAS, the City Council therefore has determined that it should amend Appendix A (Wylie
Comprehensive Fee Schedule), Section V111(Public Library), of the Wylie Code of Ordinances,Ordinance
No. 2021-17, as amended("Code of Ordinances"); and
WHEREAS, the City Council finds that it would be advantageous, beneficial and in the best
interest of Wylie and its citizens to amend the Code of Ordinances, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incolporated. 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 V111
(Public Librgy), Section A(Library Fees)of the Wylie Code of Ordinances. Appendix A(Comprehensive
Fee Schedule),Article V111(Public Library), Section A(Library Fees) of the Code of Ordinances is hereby
amended as follows:
"APPENDIX A
WYLIE COMPREHENSIVE FEE SCHEDULE
VIII.- Public Library.
A. Library Fees.
Extended use fees:
DVD,per day/per item: $0.10
SECTION 3: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full
force and effect,save and except as amended by this or any other ordinance. All provisions of any ordinance
in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
Ordinance No.2023-51 Library Fees for DVDs Page I of 2
38
1111412023 Item I.
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: Sever . 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. The
City Council 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 become effective from and after its passage
and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this
14th day of November, 2023.
Matthew Porter,Mayor
ATTESTED AND
CORRECTLY RECORDED:
Stephanie Storm, City Secretary
Date of publication in The Wylie News—November 22,2023
Ordinance No.2023-51 Library Fees for DVDs Page 2 of 2
39
1111412023 Item J.
IfA,I
N� Wylie City Council
07'''Y
WYLIE A EN A REPORT
415-5415-58210/
Department: Purchasing Account Code: 447-5447-58210
Prepared By: Christopher Rodriguez
Consider,and act upon,the award of Professional Services Project Order(PSPO)No. #W2023-114-E for E.FM 544 Geotech
Services to Alliance Geotechnical in the estimated amount of$149 890.00 and authorizing the City Manager to execute any
necessary documents.
Motion to approve the Item as presented.
The E.FM 544 Project from north of Alfred Drive to County Line Road was approved for construction and the contractor was
awarded the project by City Council on September 12, 2023. Alliance Geotech Group (AGG) has been selected as the
Geotechnical Material and Materials Testing firm. AGG will provide materials inspection and testing services, which will
include soils testing and analysis,as well as concrete inspection and testing. Staff recommends approving PSPO W2023-114-
E for Geotechnical Services for E. FM 544 in the estimated amount of$149,890.00. Funding for this project is from Collin
County Fund 415 and 2005 Bond Fund 447.
i 40
l
1111412023 Item K.
Wylie City Council
07'''Y
WYLIE A EN A REPORT
415-5415-58210/
Department: Purchasing Account Code: 447-5447-58210
Prepared By: Christopher Rodriguez
Consider, and act upon, the award of Professional Services Project Order(PSPO)No. #W2023-118-E for McMillen Geotech
Services to Alliance Geotechnical in the estimated amount of$185 550.00 and authorizing the City Manager to execute any
necessary documents.
Motion to approve the Item as presented.
The McMillen Road Project from McCreary Road to Country Club Road was approved for construction and the contractor
was awarded the project by City Council on September 26, 2023. Alliance Geotech Group (AGG) has been selected as the
Geotechnical Material and Materials Testing firm. AGG will provide materials inspection and testing services, which will
include soils testing and analysis,as well as concrete inspection and testing. Staff recommends approving PSPO W2023-118-
E for Geotechnical Services for McMillen Drive in the estimated amount of$185,550.00. Funding for this project is from
Collin County Fund 415 and 2021 Bond Fund 47 1.
E 41
l
1111412023 Item L.
If lt� Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Purchasing Account Code: 100-5155-56180
Prepared By: Kirby Krol
Consider,and act upon,the approval of a 48-month lease and maintenance agreement with Canon Solutions America, Inc. for
copiers, the annual estimated amount of $82,180.00, through a cooperative purchasing contract with On-mia Partners
Cooperative (#FI-R-0251-18), and authorizing the City Manager to execute any necessary documents.
IMI
111VAMNA4 Loll
Motion to approve the Item as presented.
This 48-month lease and maintenance agreement will provide for the lease of 20 copiers utilized throughout the City with
Canon Solutions America, Inc.
Through this agreement,City of Wylie employees will have continued use of Uniflow cloud-based software on each machine.
Uniflow is a central repository for drivers,maintenance,and settings. It allows employees to retrieve documents at any copier,
and scanning directly to Google Drive and Laserfiche. This software significantly reduces IT management costs for the
copiers,providing the best overall 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.
(Omnia Partners Cooperative#FI-R-0251-18 /Wylie#2024-13-1)
42
1111412023 Item M.
Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Police Department Account Code:
Prepared By: Purchasing
Consider, and act upon,Resolution No.2023-27(R)of the City Council of the City of Wylie,Texas, approving a purchase for
the Police Department from Axon Enterprise, Inc., a sole source provider of Taserrm equipment in the amount of$65,990.40;
and authorizing the City Manager to execute any necessary documents.
1 70tion to approve the Item as presented.
The use of TASERs have reduced claims of injuries to both suspects and officers.Many agencies report that instances of uses
of force dramatically decline once the TASER is introduced as a tool. It is vitally important that proper training as well as
;)olicy and procedures are in place concerning deployment of this device. Many agencies report that the presence of a TASER
t the scene of a disturbance eliminates a situation that in the past would have required hands on. The cost to equip the
Jepartment with the new Taser 7, is $65,990.40 each year for a five-year agreement totaling $329,952.00. The overall cost
an be less than the cost of an officer or suspect's injury claim due to being involved in a physical altercation and becoming
injured. This is a benefit to the City and the community.
43
1111412023 Item M.
RESOLUTION NO.2023-27(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
APPROVING A PURCHASE FOR THE POLICE DEPARTMENT FROM AXON
ENTERPRISE INC., A SOLE SOURCE PROVIDER OF TASERTM EQUIPMENT
IN THE AMOUNT OF $65,990.40 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY NECESSARY DOCUMENTS.
WHEREAS,the City of Wylie Police Department has a need to purchase Taserrm equipment; and
WHEREAS, Axon Enterprise, Inc., 17800 N. 85th St., Scottsdale, AZ 85255, is the sole source
distributor for Taserrm Equipment; and
WHEREAS, the City Council has been presented with a quote from Axon Enterprise, Inc. for the
purchase of TaserTm Equipment in the amount of$65,990.40; and,
WHEREAS,upon full review and consideration and all matters attendant and related thereto, the
City Council is of the opinion that the sole source purchase of Taserrm Equipment from Axon Enterprise,
Inc. should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: The City Council hereby finds and determines that Axon Enterpise, Inc. has
presented a sole source quote, thus the purchase of such is exempt from competitive bid as provided for
in Texas Local Government Code, Section 252.022(a)(7).
SECTION 2: This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 14th
day of November, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Resolution No.2023-27(R) Sole Source Purchase of Taser Equipment Page I of 1
44
1111412023 Item N.
11rA
I Wylie City Council
,C T1111Y (1 1
I",
WYLIE A EN A REPORT
Department: City Manager Account Code:
Prepared By: City Secretary
Consider, and act upon, Resolution No. 2023-31(R) finding that CoSery Gas, Ltd.'s Statement of Intent to increase rates
within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company;
finding that the meeting at which this Resolution is passed is open to the public as required by law; and requiring notice of
this Resolution to the company and the City's legal counsel.
I70tioan to approve the Item as presented.
�pl
On July 28, 2023, CoSery Gas, Ltd. ("CoServ" or"Company"),pursuant to Subchapter C of Chapter 104 of the Gas Utility
Regulatory Act, filed its Statement of Intent to change gas rates at the Railroad Commission of Texas ("RRC") and in all
municipalities exercising original jurisdiction within its service area.
The Steering Committee of Cities Served by CoSery Gas, Ltd. ("CoSery Gas Cities") engaged the services of consultants to
review the Company's filing. The consultants identified numerous unreasonable expenses and proposed significant reductions
to the Company's request. Settlement discussions are ongoing, but no agreement has been met. Accordingly, CoSery Gas
Cities' attorneys recommend that all member cities adopt the Resolution denying the rate change. Once the Resolution is
adopted, CoSery will have 30 days to appeal the decision to the Railroad Commission where the appeal will be consolidated
with CoServ's filing.
All cities with original jurisdiction will need to adopt the denial resolution no later than December 7.
Purpose of the Resolution:.
The purpose of the Resolution is to deny the rate increase proposed by CoServ.
Explanation of"Be It Resolved"Parat!raphs:
1. This paragraph finds that the Company's application is unreasonable and should be denied.
2. This section states that the Company's current rates shall not be changed.
3. The Company will reimburse Cities for their reasonable rate case expenses. Legal counsel and consultants, approved by
the Cities,will submit monthly invoices that will be forwarded to CoSery for reimbursement.
4.This section merely recites that the Resolution was passed at a meeting that was open to the public and that the consideration
of the Resolution was properly noticed.
5. This section provides CoSery and counsel for CoSery Gas Cities will be notified of the City's action by sending a copy of
the approved and signed resolution to counsel.
i 45
l
1111412023 Item N.
RESOLUTION NO. 2023-31(R)
A RESOLUTION OF THE CITY OF WYLIE, TEXAS FINDING THAT
COSERV GAS,LTD.'S STATEMENT OF INTENT TO INCREASE RATES
WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S
REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY
THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND THE CITY'S LEGAL COUNSEL.
WHEREAS, the City of Wylie, Texas (" ") is a gas utility customer of CoSery Gas,
Ltd. ("CoServ" or"Company") and is a regulatory authority under the Gas Utility Regulatory Act
("GURA")with exclusive original jurisdiction over CoServ's rates,operations,and services within
the City; and
WHEREAS, the City cooperated with a coalition of similarly situated cities served by the
Company that have joined together to facilitate the review and response to natural gas issues
affecting the rates charged in CoServ's service area ("CoSery Gas Cities" or"Steering Committee
of Cities Served by CoSery Gas, Ltd."); and
WHEREAS, on or about July 28, 2023, CoSery filed with the City a Statement of Intent to
Increase Rates seeking to increase natural gas rates by$10.3 million annually in incorporated areas;
and
WHEREAS, the City passed Resolution No. 2023-13(R) to suspend the effective date of
CoServ's requested rate increase for 90 days, the maximum period allowed by law; and
WHEREAS,CoSery Gas Cities hired and directed legal counsel and consultants to prepare
a collective response to the Company's requested increase, which resulted in a conclusion that
CoServ's proposed rates are not reasonable; and
WHEREAS, CoSery Gas Cities' attorneys recommend that members deny the requested
increase; and
WHEREAS, GURA § 103.022 provides that costs incurred by CoSery Gas Cities in
ratemaking activities are to be reimbursed by the regulated utility.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Section 1. The rates proposed by CoSery to be recovered through its gas rates charged
to customers located within the City limits, are hereby found to be unreasonable and shall be
denied.
Resolution No.2023-31(R)Denying CoServ's Rate Increase Page I of 2
4240124
46
1111412023 Item N.
Section 2. The Company shall continue to charge its existing rates to customers within
the City.
Section 3. The City's reasonable rate case expenses shall be reimbursed in full by
CoServ.
Section 4. It is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
Section 5. That a copy of this Resolution shall be sent to CoServ, care of Charles
Harrell, CoSery Gas, Ltd., 7701 South Stemmons Freeway, Corinth, Texas 76210
(Charrellgcoserv.com); and to Thomas Brocato, counsel for CoSery Gas Cities, Lloyd Gosselink
Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701
(tbrocatoglglawfirm.com).
DULY PASSED AND APPROVED,by the City Council of the City of Wylie, Texas on
this 14thday of November 2023.
Matthew Porter, Mayor
ATTEST:
Stephanie Storm, City Secretary
APPR(IVED AS FORM:
Abe athy Roeder Boyd & Hullett P.C.
Ryan Pittman, City Attorneys
Resolution No.2023-31(R)Denying CoServ's Rate Increase Page 2 of 2
4240124
47
1111412023 Item 1.
IfA,I
N� Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Purchasing Account Code: 100-5231-56040
Prepared By: Kirby Krol
Consider, and act upon, the award of Contract No. #W2023-94-E for Medical Advisory Services for Wylie Fire-Rescue with
Columbia Medical Center of Plano Subsidiary LP d/b/a Medical City Plano, in the amount of$224,013.00, and authorizing
the City Manager to execute any necessary documents.
111VAMNA4 Loll
Motion to approve the Item as presented.
This contract will provide for in-house Emergency Medical Services ("EMS")with dedicated Medical Advisory Services for
Wylie Fire Rescue("WFR"). These services include 24/7 physician direction,quality control of EMS patient care reports,and
a continuing education program. These services also include a physician led team to verify the skills and knowledge of all
WFR employees.
After completing a formal procurement process, staff has determined Columbia Medical Center of Plano Subsidiary LP d/b/a
Medical City Plano to be the most qualified firm for this project in accordance with Local Government Code 2254.
Staff recommends the award of Contract No.#W2023-94-E to Columbia Medical Center of Plano Subsidiary LP d/b/a Medical
City Plano, as the most qualified respondent to provide Medical Advisory Services for Wylie Fire-Rescue.
The initial term of this agreement is three-years at an annual cost of$74,671.00, total amount of$224,013. At its discretion,
the City has the option to exercise two,two-year renewal options under the same terms, conditions, and annual pricing.
i 48
l
1111412023 Item 2.
Wylie City Council
,C T'1111Y (1 1
I",
WYLIE A EN A REPORT
Department: Fire Account Code:
Prepared By: Fire-Brandon Blythe
Consider, and act upon, Resolution No. 2023-28(R) regarding the acceptance of the 2023 State Homeland Security Grant
Program funds for hazardous materials equipment, specifically hazardous materials dry decon materials.
I 111ILQUer-141611 1
1 70tion to approve the Item as presented.
resolution of the City Council of Wylie regarding the acceptance of the 2023 State Homeland Security Grant Program
SHSP) funds for hazardous materials equipment, specifically hazardous materials dry decon materials.
49
1111412023 Item 2.
RESOLUTION NO.2023-28(R)
A RESOLUTION OF THE CITY COUNCIL OF WYLIE REGARDING THE
ACCEPTANCE OF THE 2023 STATE HOMELAND SECURITY GRANT
PROGRAM (SHSP) FUNDS FOR HAZARDOUS MATERIALS EQUIPMENT9
SPECIFICALLY HAZARDOUS MATERIALS DRY DECON MATERIALS.
WHEREAS,the City of Wylie recognizes the importance of ensuring the safety and security of its
residents, visitors, and critical infrastructure in the event of hazardous materials incidents;
WHEREAS, the State Homeland Security Grant Program (SHSP) for the year 2024 is offering
funding opportunities to enhance the City's emergency preparedness and response capabilities, specifically
in the area of hazardous materials response and mitigation;
WHEREAS,the 2023 SHSP has allocated grant funds for the procurement of Hazardous Materials
Dry Decontamination (Decon) materials, equipment, and supplies, which will significantly enhance the
City's capacity to respond effectively to hazardous materials incidents;
WHEREAS, the City of Wylie recognizes the need to improve its hazardous materials response
capabilities to protect public health, safety, and the environment, and to ensure a swift and coordinated
response to incidents involving hazardous materials;
WHEREAS, the City of Wylie has conducted a thorough evaluation and has identified specific
needs for Hazardous Materials Dry Decon materials that align with the goals and priorities of the 2023
SHSP;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
Section I.: The City Council hereby authorizes the submission of an application to the 2023 State
Homeland Security Grant Program for the purpose of obtaining funding for Hazardous Materials Dry Decon
materials, equipment, and supplies as specified in the grant guidelines.
Section 2: The City Council further authorizes the City Manager or their designee to act on behalf
of the City in all matters related to the grant application, including the acceptance and matching of funds,
the execution of grant agreements, and the fulfillment of reporting requirements.
Section 3: The City Council commits to the responsible use of grant funds for the acquisition,
maintenance, and deployment of Hazardous Materials Dry Decon materials, equipment, and supplies, in
accordance with the terms and conditions of the 2023 SHSP.
Section 41: The City Council agrees that in the event of loss or misuse of the Office of the Governor
funds,the City of Wylie commits that the funds will be returned to the Office of the Governor in full.
Section 5: The City Council expresses its gratitude to the State Homeland Security Grant Program
for their support and commitment to enhancing the City's hazardous materials response capabilities.
Section 6: This Resolution shall take effect immediately upon passage.
Resolution No.2023-28(R)Homeland Security Grant Program for Hazardous Materials Equipment Page I of 2
50
1111412023 Item 2.
DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas on this the
14th day of November, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Grant Number: 4817601
Resolution No.2023-28(R)Homeland Security Grant Program for Hazardous Materials Equipment Page 2 of 2
51
1111412023 Item 3.
Wylie City Council
,C T1111Y (1 1
I",
WYLIE A EN A REPORT
Department: Police Account Code:
Prepared By: Tommy Walters
Consider,and act upon,Ordinance No.2023-52 amending Wylie's Code of Ordinances,Ordinance No.2021-17,as amended,
Chapter I 10 (Traffic and Vehicles), Article VI (Stopping, Standing, and Parking), Section I 10-175 (No parking zones
designated); creating Section I 10-175 (14) Westbound side ofBennett Road. Prohibiting the stopping, standing, or parking of
a vehicle along the westbound side of Bennett Road measuring 1,600 feet from the intersection of Wylie East Drive;
establishing an offense; providing for a penalty for the violation of this ordinance; providing for repealing, savings and
severability clauses;providing for an effective date of this ordinance, and providing for the publication of the caption hereof._
I 11111:4119r.141011 1
1 70tion to approve the Item as presented.
We have been receiving complaints from the residents on Bennett Road that parents are parking along Bennett Road to pick
heir students up from Wylie East. The houses are not within the City limits, but approximately 1,600 feet of the westbound
lane of Bennett Road as measured from the intersection of Wylie East Drive is within the City limits. With the road being so
arrow, it can get very congested and cars have trouble getting through with vehicles parked in one lane. Collin County has
-.he eastbound lane marked as no parking, but we are asking for the westbound side to be added to the Code of Ordinances,
Section 110-175 (No parking zones designated). This, along with proper signage, would allow the City to enforce the
Drdinance if asking drivers to move does not rectify the problem.
52
1111412023 Item 3.
ORDINANCE NO. 2023-52
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER
110 (TRAFFIC AND VEHICLES) OF ARTICLE VI. (STOPPING, STANDING,
AND PARKING) OF SECTION 110-175 (NO PARKING ZONES DESIGNATED)
OF THE WYLIE CODE OF ORDINANCES; CREATING SECTION 110-175 (14)
PROHIBITING THE STOPPING, STANDING, OR PARKING OF A VEHICLE
ALONG THE WESTBOUND SIDE OF BENNETT ROAD MEASURING 1,600
FEET FROM THE INTERSECTION OF WYLIE EAST DRIVE; ESTABLISHING
AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City 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 (" ") to prohibit the stopping,
standing, or parking of a vehicle along the westbound side of Bennett Road (the "Designated Area")
measuring 1600 feet from the intersection of Wylie East Drive; and
WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to
prohibit the stopping, standing, or parking of a vehicle in the Designated Area; and
WHEREAS, the City Council further finds that the stopping, standing, or parking of a vehicle in
the Designated Area is dangerous and creates a traffic hazard that threatens the health, safety, and welfare
of motorists and pedestrians; and
WHEREAS, the City Council has investigated and determined that it would be advantageous and
beneficial to the citizens of Wylie and promote the public health, safety and welfare of the school children
to prohibit the stopping, standing, or parking located in Wylie, as set forth below.
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.
Or-
SECTION 2: Amendment to Chapter 110 (Traffic and Vehicles) of Article V1. (Stopping_,
Standing,and Parking)of Section 110-17 5(No parking zones designated)of the Wylie Code of Ordinances.
Chapter I 10 (Traffic and Vehicles) of Article V1. (Stopping, Standing, and Parking) of Section I 10-175
(No parking zones designated) of the Wylie Code of Ordinances, is hereby amended to read as follows:
(14) Westbound side of Bennett Road. Prohibiting the stopping, standing, or parking of a
vehicle along the westbound side of Bennett Road measuring 1,600 feet from the
intersection of Wylie East Drive.
Ordinance No. 2023-52 Bennett Road No Parking Page 1of3
53
1111412023 Item 3.
SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing,or parking
is prohibited be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized
representatives, is authorized to issue citations and/or remove or cause to be removed any material or
vehicle obstructing the area in which stopping,standing,or parking is prohibited at the expense of the owner
of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or
personal property removed from the area where stopping, standing, or parking is prohibited and shall not
be responsible for any damage resulting from the failure to exercise the authority granted under this
Ordinance.
SECTION 4: 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 5: 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 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred
Dollars ($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing
suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 7: 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 8: 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 14 1h day
of November, 2023.
Matthew Porter,Mayor
Ordinance No. 2023-52 Bennett Road No Parking Page 2 of 3
54
1111412023 Item 3.
ATTESTED AND CORRECTLY
RECORDED:
Stephanie Storm, City Secretary
Date of publication in The Wylie News—November 22,2023
Ordinance No. 2023-52 Bennett Road No Parking Page 3 of 3
55
CAPPS DR
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1111412023 Item 4.
If lt� Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
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 0.4496 acres to allow for Automobile Repair Minor use.
Property located at 403 S. State Highway 78 (ZC 2023-17).
Im1 111VAMNA4 Loll I
otion to approve the Item as presented.
OWNER: Don Montgomery APPLICANT: Don Montgomery
The applicant is requesting a Special Use Permit (SUP) on 0.4496 acres to allow for an existing 5,225 sq. ft. structure to be
used as an auto repair minor use. The property is located at 403 S. State Highway 78. The current zoning is Commercial
Corridor(CC).
The original structure was constructed in 1970 and has been previously used for an auto repair use. The property has also
been an auto parts store and a cabinet shop.The property is now being used as a smoke shop. The Zoning Ordinance requires
a Special Use Permit for the new,proposed Automobile Repair Minor use.
The development is accessed by an existing drive with access to South State Highway 78 and Williams Street. The building
contains two roll up door access bays that can be accessed from Williams Street.
The Special Use Permit is requesting for a parking reduction of four parking spaces to allow for the site's existing 14 parking
spaces in lieu of the required 18 spaces. This parking reduction equates to a parking requirement of one space for every 373
sq. ft. of space in lieu of one space for every 300 square feet of building space. The applicant is aware that the Zoning
Ordinance requires all repair activities to be conducted inside the building and no vehicles under repair shall be stored outside.
The SUP conditions do not make allowances for the retention of the pole sign, which will be removed and replaced by a
monument sign should the SUP be approved.
The adjacent property to the south is developed with an office suite. The property to the east is developed with a fueling
station. The property to the north and west is developed with restaurants. The subject property lies within the Regional
Commercial sector of the Comprehensive Land Use Plan. The proposed zoning is compatible with the Plan.
If zoning is approved, a plat shall be required prior to a Certificate of Occupancy being issued.
Notices were sent to 13 property owners within 200 feet as required by state law. At the time of posting, no responses were
received in favor and one protest response was received outside of the notification area.
57
1111412023 Item 4.
P&Z Recommendation
fter some clarification on the parking requirements changing since the last time the property was an automotive repair shop,
the Commission voted 6-0 to recommend approval.
58
412023 Item 4.
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1111412023 Item 4.
1st Choice Auto & Tire
EXHIBIT "B"
Conditions For Special Use Permit
PURPOSE:
The purpose of this Special Use Permit is to allow for an automobile repair use
classified as Automobile Repair, Minor.
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 automobile repair use shall take place
in general accordance with the Zoning Exhibit (Exhibit C).
SPECIAL CONDITIONS:
1. The development within this Special Use Permit shall be permitted to
provide 14 parking spaces in lieu of the required 18 parking spaces of the
Zoning Ordinance (adopted as of June 2023).
2. The storage of outside overnight vehicles shall be prohibited due the
accessory outside storage use not being allowed within the Commercial
Corridor zoning District per Section 5.1.J.6 of the Zoning Ordinance
(adopted as of June 2023).
Page 1 of 1
62
111412023 Item 4.
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63
1111412023 Item 4.
C1 I Y OF Public Comment Form
WYLIE
IF ii irst IN a im e MliddIle INaime Last IN aim e
Steve ID IMairtilin
Add iress*
Sb�eet Add�ress
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Wylke 'TX
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ZC2023-17 403 S St lHwy'78
Respoinse*
11 aim FOR the irequested zoiniiing as expliallined oin the pulbIllic ino-fice
11 aim AGAIIINST the ireques-ted zoini'ling as expliallined oin the pulbIllic
Comments
I agree and understand that by signing the electronic signature, that it is the equivalent to my manuallhandwritten
signature..
Sliginatuire
Date of Sliginatuire
9/20/2023
64
1111412023 Item 5.
If lt� Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Consider, and act upon, Ordinance No. 2023-53 to abandon Right-of-Way being a 0.093 acre dead end alleyway within the
Wooded Creek Estates Addition.
I 1111110111110VA4 Loll 1
1 70tion to approve the Item as presented.
In accordance with Section 253.009 of the Texas Local Government Code and Section 2.12 of the City of Wylie Subdivision
Regulations the owners of 2718 Spanish Oak Trail is requesting that the City Council approve the abandonment of Right-of-
Way being a 0.093-acre dead end alleyway within the Wooded Creek Estates Addition. The survey depicting the property is
r ttached.
The purpose of the request is to allow the property owner to combine the abandoned alleyway with their single-family lot.
The surrounding property owners were notified of the request as required by law. The owner of a rental property to the north
xpressed interest but not until after the 30-day window. Therefore, this application is presented with just the original
'equesting property owner.
The alleyway and a since abandoned access easement were put in place to allow access to property to the east during the
-onstruction of Spanish Oak Trail. Currently, the ROW serves no City related function for utilities or access. There is a
Jrainage grate in the alley that Engineering has reviewed and determined can be turned over to the buyer due to the limited
rainage area serviced by the grate. The property owner will maintain the area or allow an easement for City maintenance.
The applicant is requesting Council waive the requirement for an appraisal for said right-of-way. The property owner is
roposing to offer$5,000.00 for the alleyway. Staff is in possession of a cashier's check from the applicant for that amount.
The Council can waive the requirement for the appraisal,the property cost,neither, or both.
If the purchase is approved,the applicant will be required to replat before any improvements can be developed.
65
1111412023 Item 5.
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66
1111412023 Item 5.
ORDINANCE NO.2023-53
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING RIGHT-
OF-WAY BEING A 0.093 ACRE DEAD END ALLEYWAY WITHIN THE
WOODED CREEK ESTATES ADDITION, AND TO WAIVE THE
REQUIREMENT FOR AN APPRAISAL FOR SAID RIGHT-OF-WAY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein as Exhibits "A" and "B", said right-of-way being
approximately 0.093 acres; and
WHEREAS, the principal owner of 2718 Spanish Oak Trail, adjacent to said right-of-way has
requested that the right-of-way be abandoned and offered for sale according to State law(LGC Sec 253.009)
and the City of Wylie Subdivision Regulations (Section 2.12); and
WHEREAS,the City of Wylie has determined that said right-of-way is no longer needed for public
access purposes,provided that existing utilities located within said right-of-way are converted to easements
through replatting or other legal instruments by the new owners acquiring said right-of-way; and
WHEREAS, the City of Wylie finds that it is in the public interest to waive the expense of an
appraisal and convey the properties for a fair amount;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: That the described right-of-ways as shown in Exhibits "A" and"B" attached are no
longer necessary for public access purposes, provided that existing utilities shall be located within
easements, and that said portion of right-of-way should be abandoned in favor of adjacent property owner.
SECTION 2: That this abandonment shall extend only to the public right-of-way,title and interest
which the City of Wylie,Texas may have in and to said right-of-way, and shall be construed to extend only
to such interest that the governing body of the City of Wylie may legally and lawfully abandon.
SECTION 3: That the City of Wylie, Collin County, for and in consideration of $5,000.00
dollars, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said
2718 Spanish Oak Trail, of the City of Wylie, in the state of Texas, all that certain properties as described
in Exhibits"A"and"B". To have and to hold the above described premises,together with all and singular
the rights and appurtenances thereto in any wise belonging, unto the said Brandon Newingham and Terra
McClain or assigns forever. And do hereby bind the City of Wylie,executors,and administrators to warrant
and forever defend all and singular the said premises unto the said Brandon Newingham.and Terra McClain,
and assigns,against every person whomsoever,lawfully claiming or to claim the same, or any part thereof.
SECTION 4: That this ordinance shall be in full force and effect from and after its adoption by the
City Council, as the law in such cases provides.
Ordinance No. 2023-53 Abandoning ROW within Wooded Creek Estates Page I of 2
67
1111412023 Item 5.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 14th
day of November, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Ordinance No. 2023-53 Abandoning ROW within Wooded Creek Estates Page 2 of 2
68
1111412023 Item 5.
1529 E. 1-30, STE. 106 EXHIBIT A N
GARLAND, TX 75043 RM DES
FIRM REGISTRATION ALLEY @
NO. 10194052 SITUATED IN Sueveying
MOSES SPARKS SURVEY,ABSTRACT NO.849 WWW.RHODESSURVEYING.COM
WYLIE, COLLIN COUNTY, TEXAS
STATE OF TEXAS:
COUNTY OF COLLIN:
BEING a tract of land situated in the Moses Sparks Survey, Abstract No. 849, of Collin County,Texas, also being a
portion of Wooded Creek., Phase 2, as recorded in Volume 2014, Page 683, of the Map Records of Collin County,
Texas, as shown on this survey and being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch yellow-capped iron rod found for corner, said corner being the Southwest corner of Lot
2., Block A, being the North Right-Of-Way of Spanish Oak Trail, and being the Southeast corner of said tract;
THENCE North 89 degrees 59 minutes 29 seconds West, a distance of 20.00 feet, to a 1/2 inch yellow-capped iron
rod set for corner;
THENCE North 00 degrees 00 minutes 31 seconds East, a distance of 139.31 feet, to an X set for corner;
THENCE South 89 degrees 45 minutes 18 seconds East, a distance of 60.09 feet, to a metal fence post found for
corner;
THENCE South 00 degrees 14 minutes 42 seconds West, a distance of 21.06 feet, to a metal fence post found for
corner, said corner being in a curve to the left having a radius of 38.00 feet;
THENCE continuing along said curve, a chord bearing of South 45 degrees 00 minutes 31 seconds West., a
distance of 53.74 feet, a central angle of 89 degrees 59 minutes 59 seconds, an arc length of 59.69,to a 1/2 inch
yellow-capped iron rod found for corner;
THENCE South 00 degrees 00 minutes 32 seconds West, a distance of 17.00 feet, to a 1/2 inch yellow-capped iron
rod set for corner;
THENCE South 05 degrees 43 minutes 09 seconds West, a distance of 20.10 feet, to a 1/2 inch iron rod found for
corner;
THENCE South 00 degrees 00 minutes 31 seconds West, a distance of 43.00 feet,to the PLACE OF BEGINNING
containing 4,072 square feet or 0.093 of an acre of land.
OF
T 1
.............
BRIAN S. RHODES
BRIAN S. RHODES 09/07/2023 .................
59 62
Registered Professional Land Surveyor No. 5962 1
OPESS
BRIAN RHODES S U R`40
REGISTERED PROFESSIONAL LAND SURVEYOR
Job no.: 112632 1529 E. 1-30, STE. 106-GARLAND,TX,75043
Drawn by: ABP PHONE 972-475-8940 1 of 2
69
1111412023 Item 5.
1529 E. 1-30, STE. 106 G_N 00)
GARLAND, TX 75043 EXHIBIT B RM so-7)7 D E S
FIRM REGISTRATION ALLEY Su nq @
NO. 10194052 SITUATED IN WWW.RHODESSURVEYING.COM
0 7.5 15 30 60 MOSES SPARKS SURVEY,ABSTRACT NO.849
WYLIE, COLLIN COUNTY, TEXAS
SCALE: 1 3 0'
LEGEND Line Table
WOOD FENCE-71l TD(T
CHAIN LINK _O_N1PRQVEh1EhflS
IRON FENCE BOUNDARY LINE Line # Direction Length
WIRE FENCE ----X-
RES11b&t/ 04�11111111110 BLOCK B
MRD-MONUMENTS OF RECORD DIGNITY L—1 S 00*00'32" W 17.00' SAGE CREEK PHASE IX A
01/2"IRON ROD FOUND VOLUME 2008, PAGE 553
()1/2"YELLOW-CAPPED IRON ROD SET L-2 S 05*43 09 Pt W 20.10'
C�SET Y
El METAL FENCE POST FOUND FOR CORNER
0 1/2"YELLOW-CAPPED IRON ROD FOUND
l"*PK NAIL FOUND
CABLE -GUY-WIRE 2
CLEAN OUT -ELECTRIC S 8904518" E
11�6-GAS METER -POWER POLE 0.8,
-FIRE HYDRANT -TELEPHONE 131.00'
0
6. .02' A4
ell-LIGHT POLE 11W-WATER METER 11�`Nil,------ ------
V,--------------- L
ij� MANHOLE -WATER VALVE
NE CORNER OF
UNLESS OTHERWISE NO DRAIN
LOT 1, BLOCK B
WOODED CREEK ESTATES, PHASE 1 4,072 SQ. FT. 0
_j
VOLUME 0, PAGE 372 <11N,
3:�1 0.093 OF AN ACRE
MRD 0.5' U)
1%
....................
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041
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0.4
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LOT 1, BLOCK A
WOODED CREEK ESTATES, PHASE 1
VOLUME 0, PAGE 372
_j LOT 2, B LO C K A
Ld 0.5 WOODED CREEK, PHASE 2
VOLUME 2014, PAGE 683
0
0
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0
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--------------------------- TRANS--PAD---------- ---------C1
9"59 2 W SE CORNER OF
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4, PAGE 683
MRD
MRD'S SHOWN HEREON ARE BASIS
SPANISH OAK TRAIL FOR DIRECTIONAL CONTROL
IF
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...........................
THIS CERTIFICATION DOES NOT BRIAN S. RHODES
BRIAN S. RHODES 09/07/2023 ...........................
TAKE INTO CONSIDERATION
Registered Professional Land Surveyor No. 5962 ADDITIONAL FACTS THAT AN 5962
e,e-
ACCURATE TITLE SEARCH AND OR
1 3 0' BRIAN RHODES EXAMINATION MIGHT DISCLOSE S.U R4
Scale: REGISTERED PROFESSIONAL LAND SURVEYOR
Job no.: 112632 1529 E. 1-30, STE. 106-GARLAND,TX,75043 2 OF 2
Drawn by: ABP PHONE 972-475-8940
H 70
1
1111412023 Item 6.
If lt� Wylie City Council
07"Y
WYLIE A EN A REPORT
Department: Public Art Account Code:
Prepared By: C. Ehrlich
Consider, and act upon, a contract between the City of Wylie and Yoshikawa Stone Sculpture, Inc. to commission two pieces
of art for the Municipal Walking Trails, Phase 2 not to exceed $80,000, and authorizing the City Manager to execute any
necessary documents.
1 70tion to approve the It em as presented.
The Public Art Advisory Board is recommending Yoshikawa Stone Sculpture, Inc. to provide two pieces of art for Phase 2
of the Municipal Walking Trails. The sites are marked in the attachments provided. All funding for this project comes from
City events revenue.
'Sacred Fire' dimensions are H 10' x W 10' x D 10', and the materials consist of Texas limestone. Fire was an integral part of
the Caddo ceremonial and everyday life. Fire represents life and was tended to by the high priest. It was believed if the fire
went out the village would perish.
'Ancestor's Voice' dimensions are H6' x W8' x D12", and the materials consist of black academy granite. The concept for
this design is the vessel is emerging from the earth. The lady's hand that shaped this vessel tells us of the pride and power of
her culture. She will be facing the Sacred Fire and be grateful the fire is still burning.
Yoshi Wright(artist)researched this project at the Caddo Mounds State Historic Site in Alto,Texas.The historic site includes
mounds used by the Caddo tribes and a museum. They have direct contact with the Caddo Nation in Oklahoma. The contract
attached has been review and approved as to form by the City Attorney.
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1111412023 Item 6.
AGREEMENT
BETWEEN
THE CITY OF WYLIE,TEXAS
AND
YOSHIKAWA WRIGHT,ARTIST
FOR
THE FABRICATION AND INSTALLATION OF THE PROPOSED
WYLIE MUNICIPAL WALKING TRAILS, PHASE 2 PUBLIC ART PROJECT
300 COUNTRY CLUB ROAD,WYLIE,TEXAS 75098
Made as of the 14thday of November, 2023.
Between City: City of Wylie,Texas
300 Country Club Road
Wylie,Texas 75098
Telephone (972) 516-6000
and Artist(s): Yoshikawa Stone Sculpture, Inc.
Yoshikawa Wright
6190 Temple Hill Drive
Los Angeles, CA 90068
Telephone (323)462-7139
Project: Fabrication and Installation of the two proposed public art pieces,titled
"Sacred Fire"and"Ancestor's Voice"
a
This Agreement ("Agreernent") is made and entered by and between the City of Wylie, Texas, a
home-rule municipality ("City"), and Yoshikawa Stone Sculpture, Inc. ("Artist"), to be effective from
and after the date as provided herein. City and Artist are sometimes referred to collectively as the
46parties" or individually as a" *1�
WHEREAS, City desires to engage the services of Artist to fabricate and install two art pieces
'Sacred Fire' Dimensions: H 10' x W 10' x D I O'Materials: Texas limestone
'Ancestor's Voice' Dimensions: H6' x W8' x D12"Materials: Black academy granite ("Artworks") in
connection with the Public Art Projects at the Municipal Walking Trails, which shall be installed in the
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
Artists
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1111412023 Item 6.
location designated by City on property located at 300 Country Club Road, Wylie, Texas 75098,
("Project"); and
WHEREAS, Artist desires to render all services necessary for the Project on the terms and conditions
provided herein.
NOW,THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual benefits to be
obtained hereby and for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the parties agree as follows:
ARTICLE I
ARTIST'S SERVICES
1.1 Employment of Artist— City hereby agrees to retain Artist to provide the Services as set forth
herein in connection with the Projects. Artist agrees to perform such Services in accordance with the
terms and conditions of this Agreement.
1.2 Scope of Services —The parties agree that Artist shall provide the services and deliverables that
are set forth and described in the Scope of Services, attached hereto as Exhibit "A" and incorporated
herein by reference for all purposes ("Scope of Services"), and shall fumish all personnel, labor,
equipment, supplies and all other items necessary to provide all of the Services and deliverables as
specified by the terms and conditions of this Agreement (collectively, the "Services"). The parties
understand and agree that deviations or modifications to the Scope of Services, in the form of written
change orders, may be authorized from time to time by City ("Change Orders"). Artist shall not
perform any "extra" work and/or additional services without a duly executed, written change order
issued by the Wylie City Manager or authorized designee.
1.3 Schedule of Work — Artist agrees to commence work 'Immediately upon execution of this
Agreement and receipt of first payment, and to proceed diligently with said work to completion as
described in the Completion Schedule/Project Billing/Project Budget, attached hereto as Exhibit "B"
and incorporated herein by reference for all purposes. Notwithstanding anything herein to the contrary,
fabrication of the Artwork shall be completed no later than December 1, 2024. The Artwork shall be
delivered and installed on or before December 12, 2024 or reasonably promptly thereafter, as
determined by City in its sole discretion. The Artwork shall not be delivered to the Wylie Fire Station
#4 site before the City is notified by written notice from the Artist of the delivery date ("Notice of
Deliv�ff') and after all portions of the base construction and lighting infrastructure have been
completed by Artist. Delivery and full installation of the Artwork shall be completed within fourteen
(14)days of the Notice of Delivery.
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
Artists
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1111412023 Item 6.
ARTICLE 2
CITY'S RESPONSIBILITIES
2.1 Proiect Data — If reasonably requested by Artist, City shall furnish required information that it
has in its possession as of the date of the request, and Artist shall be entitled to rely upon the accuracy
and completeness of the information furnished by City under this Article 2.1.
2.2 Cily ProJect Man —City shall designate, when necessary,, a representative authorized to act
on City' s behalf with respect to the Project ("Pro'lect Manager"). City or the Project Manager shall
examine the documents submitted by Artist and shall render any required decisions pertaining thereto
as soon as practical so as to avoid unreasonable delay in the progress of the Services. Artist
understands and agrees that the Project Manager and his or her authorized representative are not
authorized to issue verbal or written Change Orders for "extra" work or "claims" invoiced as "extra"
work.
ARTICLE 3
ARTIST'S COMPENSATION
3.1 Compensation for Artist's Services — As described 'in Article 1, Artist's Services of this
Agreement, compensation for this Project shall be on a milestone basis, 'in an amount not to exceed
Eighty Thousand and No/100 Dollars ($80,000.) ("'Artist's Fee"), and will cover all Services to be
rendered and materials to be provided in accordance with this Agreement. Artist's Fee shall be paid in
accordance with this Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth
in Exhibit "B". The final fifteen (15) percent of the Artist' s Fee, or Twelve Thousand and No/100
Dollars, ($12,000.) ("Final PUment"), shall not be paid to Artist until Artist has completed, delivered
and installed, as applicable, all of the Artwork, Services and tasks described in Exhibits"A" and"B" to
City's satisfaction.
3.2 Invoices —No payment to Artist shall be made until Artist tenders an invoice to City. Payments
are payable to Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to
City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately
upon completion of each 'Individual task listed in Exhibit "A". If any invoice remains outstanding and
unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its
obligations as set forth herein, Artist has the option upon written notice to City, to suspend all work
specified under this Agreement until the account is brought current. Continued performance and/or
completion of work by Artist under this Agreement shall resume upon the payment of the earned fees
b y City.
3.3 Failure t Failure of City to pay an invoice, for a reason other than cause,within sixty (60)
days from the date of the invoice shall grant Artist the right, in addition to any and all other rights
provided, to, upon written notice to City, refuse to render further Services to City and such act or acts
shall not be deemed a breach of this Agreement. City shall not be required to pay any invoice
submitted by Artist if Artist breached any provision(s) herein.
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
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1111412023 Item 6.
3.4 Adjusted Compensation — If the Scope of Services for the Project or if the Services are
materially changed by written change order, the amounts of the Artist's Fee shall be equitably adjusted
as approved by City 'in its sole discretion. Any additional amounts paid to Artist as a result of any
material change to the Scope of Services for the Pro 0 ect shall be agreed upon in writing by both parties
before the Services are performed.
0 ity
3.5 Proiect Suslaension—If the Project is suspended or abandoned, in whole or in part, by C fo r
more than three (3) months, Artist shall be entitled to compensation for any and all work completed to
the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished
or unfinished Artwork, documents, data, studies, surveys, drawings, maps, models, reports,
photographs and /or any other 'items prepared by Artist in connection with this Agreement prior to
Artist receiving final payment. If the Project is resumed after being suspended for more than three (3)
months, the Artist's compensation shall be equitably adjusted as approved by City in its sole
discretion. Any additional amounts paid to Artist after the Project 'is resumed shall be agreed upon in
writing by both parties before the Services are performed.
ARTICLE 4
OWNERSHIP AND COPYRIGHT
4.1 Ownershii) of Work—Upon completion, the Artwork and the Project shall be the sole property
of City, and Artist shall not make any duplicate work of the same or substantially similar size, nor shall
Artist grant permission to others to do so except with the written permission of City. City shall be
entitled to copies of the plans and the maquette which are prepared by Artist 'in connection with the
development and fabrication of the Project under this Agreement. The ownership of the Artwork is
automatically transferred to and vested in City upon full payment of the Artist's Fee as set forth in
Article 3.1 of this Agreement.
4.2 Ownershin of Copyright—Artist shall retain the copyright to the Artwork. Artist shall take all
steps, at his own expense,to protect the copyright of the Artwork.
4.3 License to Ci — Artist irrevocably licenses City, its employees, representatives.) officers and
agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for
educational, public relations, arts promotional and other non - commercial purposes. For the purposes
of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for
non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs,
postcards,posters, and calendars; in magazines,books, art and news sections of newspapers; in general
books and magazines not primarily devoted to art but of an educational, historical or critical nature;
slides, videos and film strips not intended for a mass audience, and television from stations operated
for educational purposes or on programs for educational and news purposes from all stations.
4.4 Covyright Notice—City undertakes to use its reasonable efforts to include in any reproductions
which it makes of the Artwork a copyright notice 'in the following form: Copyright Yoshikawa Stone
Sculpture, Inc., Artist.
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1111412023 Item 6.
4.5 Representations and Warranties Regardine Covyright — Artist represents and warrants that
the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other
intangible rights of any third party. Artist represents and warrants that the Artwork is an edition of 1,
unless otherwise agreed upon with the City.
ARTICLE 5
FABRICATION
5.1 Specifications — Artist will fabricate the Artwork, or cause it to be fabricated, in substantial
conformity with the design approved by City as set forth in Exhibit"A"'.
5.2 Chanizes—Any significant changes to the Artwork by either Artist or as requested by City will be
approved in writing by the other party, For purposes of this Agreement, a significant change will mean
any change, including but not limited to, a change in the scope, design, color, size or material of the
Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in
the design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he
must request written approval from City of the change in writing at the address provided in Section 14.
City will provide a written response within thirty(30) calendar days.
5.3 Review of the Artwork— City will be given access to the Artwork during reasonable business
hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's
'th fabrication of the Artwork. Alternatively, City may request, and shall be given
progress wi
photographic documentation of Artist's progress.
5.4 Notification of Fabrication Completion—Artist shall notify City in writing pursuant to Section
14 when the Artwork is completed and ready for delivery. Designated representatives of City will have
the opportunity to inspect the Artwork under Section 5.3 for conformity with the design and structural
requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty
(30) business days following notice from the Artist. As an alternative to the studio 'inspection,
photographic documentation may be submitted to City upon completion of the Artwork. City will be
responsible for providing electrical connection to the site; Artist is responsible for preparation of site,
base construction, lighting, and all other speciffics regarding the installation of the Artwork at the site.
5.5 Warranly of Craftsmans — Artist warrants that the Artwork will be free of defects in
workmanship and materials. In the event that any defects become apparent in the workmanship or
materials within five (5) years of the execution of this Agreement, Artist will remedy any defects at
Artist's sole cost and expense provided that City has followed and documented the maintenance
procedures detailed in Exhibit"A".
ARTICLE 6
STORAGE
6.1 Storage Artist shall be solely responsible for any and all necessary storage and transportation
GNOMON"=
costs associated with this Agreement as provided by the mutually agreed delivery and installation
timetable. If, for reasons outside the control of Artists, there is a delay in installation, City will store
the Artwork at a secure City facility. If the delay in installation is cause by Artist, Artist will be
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
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1111412023 Item 6.
'ble for the costs of storage. Artist will be on site at time of delivery of the Artwork.
responsl
ARTICLE 7
FINAL APPROVAL OF ARTWORK
7.1 Final-Approval—Within ten (10) business days after the permanent installation of the Artwork,
City will inspect the Artwork to determine whether it conforms to all of the requirements of this
Agreement. If City finds that any aspect of the Artwork is not in conformance with this Agreement,
City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an
opportunity to address and cure any defects, requests or concerns of City within fifteen (15) days of
the date of City's notice provided pursuant to this Article 7. All of the foregoing is without prejudice
to any other remedies available to City under this Agreement or at law.
ARTICLE 8
INTEGRITY OF THE WORK
8.1 RelRairs and Maintenance- City shall exercise reasonable care to protect, repair, and maintain the
work. Artist agrees to cooperate with and advise the City in connection with any such non-routine
maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or
replacement of any portion of the Artwork to the extent that he or she is able to do so.
During Artist's lifetime, City will not undertake any non-routine maintenance on the Artwork without
attempting to consult with the Artist or his or her authorized representative unless an emergency
requires the City to do so.
8.2 Relocation of the Work—To the extent that the Artwork is capable of being relocated, the City
shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the
relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required
for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right
to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include,
among other things,relinquishment and abandonment of the copyrights described herein.
8.3 Credit — City agrees, at its own expense, to prepare and install at or near the Project a public
notice, the form and exact location of which shall be solely determined by City, giving Artist credit for
the creation of the Artwork.
ARTICLE 9
INSURANCE COVERAGE
9.1 Reguired Insurance — Artist shall, at Artist's sole cost and expense, procure and maintain the
types and amounts of insurance set forth herein for and during all aspects and phases of this Project.
Artist shall be required to provide and maintain general liability insurance with a minimum of One
Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars
($2,000,000.00) in the aggregate. In addition, Artist shall procure and maintain insurance for loss
(including theft, fire and damage) and employee health and disability insurance, as well as any
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
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1111412023 Item 6.
statutorily required workers' compensation insurance. All insurance and certificate (s) of insurance
shall contain the following provisions:
1. Name City, its officers, agents, representatives and employees as additional insureds as to all
applicable coverage with the exception of workers' compensation insurance.
2. Provide for at least thirty (30) days prior written notice to City for cancellation, non - renewal
or material change of the insurance.
3. Provide for a waiver of subrogation against City for injuries, including death, property damage,
or any other loss to the extent the same 'i's covered by the proceeds of insurance.
9.2 Insurance Comgany Oualification —All insurance companies providing the required 'insurance
shall be authorized to transact business in Texas and rated at least"A" by AM Best or other equivalent
9
rating service.
9.3 Certifficate of Insurance—A certificate of insurance and endorsement(s)evidencing the required
insurance shall be submitted no later than the date of the execution of this Agreement. If this
Agreement is renewed or extended by the City, a certificate of insurance and endorsement(s) shall also
be provided to the City prior to the date the Agreement is renewed or extended.
ARTICLE 10
AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE
Artist agrees that at any time during normal business hours and as often as City may deem necessary,
Artist shall make available to representatives of City for examination all of its records with respect to
all matters covered by this Agreement, and will permit such representatives of City to audit, examine,
copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement, all for a period of four(4)years from the date of final settlement of
this Agreement or for such other or longer period, if any, as may be required by applicable statute or
other lawful requirement.
Artist agrees that he is aware of the prohibited interest requirement of the City Charter, which is
repeated on the Affidavit attached hereto as Exhibit "C" and incorporated herein by reference for all
purposes, and will abide by the same. Further, Artist shall execute the CIQ Affidavit attached hereto as
Exhibit"D". Artist understands and agrees that the existence of a prohibited interest during the term of
this Agreement will render the Agreement voidable.
Artist agrees that he is further aware of the vendor disclosure requirements set forth in Chapter 176,
LOCAL GOV' T CODE, as amended, and will abide by the same.
ARTICLE 11
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
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1111412023 Item 6.
TERMINATION OF AGREEMENTIREMEDIES
11.1 Artist Default—Failure or refusal of Artist to perform any act herein required, unless mutually
agreed to in writing by City and Artist, shall constitute a default under this Agreement. In the event of
a default, in addition to any other remedy available to City, this Agreement may be terminated by City
upon ten (10) days' written notice. Such notice does not waive any other legal remedies available to
City. Should termination occur due to Artist default, Artist will refund any payments received, in
addition to any other remedies available to City under this Agreement or at law. In the event of any
termination under this article, Artist shall deliver to City all work, entirely or partially completed, in
addition to any other remedies available to City under this Agreement or at law.
11.2 Condiflons for Termination of Agreement Other than Artist's Default— If City deems, in
its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines
specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost
estimates indicate that the Project cannot be completed within the Project budget, City retains the right
to terminate this Agreement and is released from the obligation to enter into fabrication and installation
of Artist's design concept for the Project.
In the event of any termination under this Section 11.2, Artist shall deliver to City all work, entirely or
partially completed. Artist shall receive as compensation, full payment for Services satisfactorily
performed, as solely determined by City, as outlined in Exhibit "B", as applicable, to the date of the
termination notice received. City shall make this final payment within thirty (60) days of notifying the
Artist. Any payment not timely made under this Section 11.2 is subject to interest charges as described
in Section 3.1.
The rights and remedies provided by this Agreement are cumulative, and the use of any one right or
remedy by either party shall not preclude or waive its rights to use any or all other remedies. These
rights and remedies are given in addition to any other rights the parties may have by law, statute,
ordinance or otherwise.
ARTICLE 12
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law,the parties may agree to attempt to resolve any controversy,, claim or
dispute arising out of or relating to the interpretation or performance of this Agreement, or breach
thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. However, if both
parties do not agree to voluntarily mediate any such controversy, claim or dispute, mediation shall not
be required.
ARTICLE 13
INDEMNITY
ARTIST SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS CITY AND ITS
CITY COUNCIL MEMBERS, OFFICERS9 AGENTS, REPRESENTATIVES AND
EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES ( INCLUDING DEATH),
CLAIMS, PROPERTY DAMAGES INCLUDING LOSS OF USE), CLAIMS FOR PATENT,
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1111412023 Item 6.
TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER
INTELLECTUAL PROPERTY AND /OR PROPRIETARY CLAIM, LOSSES, DEMANDS,
SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEY' S FEES AND
EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT9 GROSSLY
NEGLIGENT, AND/OR INTENTIONAL ACT AND /OR OMISSION OF ARTIST, ITS
OFFICERS, AGENTS, REPRESENTATIVES9 EMPLOYEES, SUBCONTRACTORS9
LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS
LEGALLY RESPONSIBLE, IN ITS /THEIR PERFORMANCE OF THIS AGREEMENT
AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST
PURSUANT TO THIS AGREEMENT HEREINAFTER ("CLAIMS")* THIS
INDEMNIFICATION PROVISION AND THE USE OF THE TERM CLAIMS" IS ALSO
SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL
CLAIMS, WHETHER CIVIL OR CRIMINAL9 BROUGHT AGAINST CITY BY ANY
GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING
SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL.
IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES9 ACTIONS
AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
EXISTING OR CLAIMEED TO EXIST, RELATING TO OR ARISING OUT OF ANY
EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR' S OR EMPLOYEE' S
EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST,
INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX,
SEXUAL ORIENTATION OR PREFERENCE9 RACE9 RELIGION, COLOR9 NATIONAL
ORIGIN, AGE OR DISABILITY UNDER FEDERAL9 STATE OR LOCAL LAW, RULE OR
REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,
FUTURE WAGE LOSS, OVERTIME PAY9 EMPLOYEE BENEFITS9 INJURY SUBJECT TO
RELIEF UNDER THE WORKERS9 COMPENSATION ACT OR WOULD BE SUBJECT TO
RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE,AND ANY
OTHER CLAIMt WHETHER IN TORT, CONTRACT OR OTHERWISEe ARTIST IS
EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS..
IN ITS SOLE DISCRETION CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT
DEFENSE COUNSEL TO BE RETAINED BY ARTIST IN FULFILLING HIS OBLIGATION
HEREUNDER TO DEFEND AND INDEMNIFY CITY9 UNLESS SUCH RIGHT IS
EXPRESSLY WAIVED BY CITY IN WRITING, CITY RESERVES THE RIGHT TO
PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO
OBLIGATION TO DO SO,ANY SUCH.ACTION BY CITY IS NOT TO BE CONSTRUED AS A
WAIVER OF ARTIST9 S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S
OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT,ARTIST SHALL
RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN(7)BUSINESS DAYS OF
CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO
INDEMNIFICATION UNDER THIS AGREEMENT* IF ARTIST FAILS TO RETAIN
COUNSEL WITHIN SUCH TIME, PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN
DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL
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1111412023 Item 6.
COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS
PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENTo
ARTICLE 14
NOTICES
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 facsimile; by electronic mail, with
documentation evidencing the addressee's receipt thereof; or by delivering the sane 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 upon receipt at the address of the addressee. For purposes of notification, the addresses of
the parties shall be as follows:
If to City,addressed to it at:
Brent Parker,City Manager
Carole Ehrlich, Public Arts Coordinator
City of Wylie
300 Country Club Road,Bldg. 100
Wylie,Texas 75098
With a copy to:
Abernathy, Roeder, Boyd&Hullett,P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney,Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544 -4054
If to Artist, addressed to him at:
Yoshikawa Wright
6190 Temple Hill Drive
Los Angeles, CA 90068
ARTICLE 15
MISCELLANEOUS
15.1 Complete Agreement — This Agreement, including the exhibits hereto labeled "A" through
"D", all of which are incorporated herein for all purposes, constitute the entire Agreement by and
between the parties regarding the sub ect matter hereof and supersedes all prior and/or
contemporaneous written and/or oral understandings. This Agreement may not be amended,
supplemented and/or modified except by written agreement, duly executed by both parties. To the
extent that any provision of this Agreement should conflict with the provisions of an exhibit, the
provisions of this Agreement shall prevail. The following exhibits are attached and made part of this
Agreement:
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1111412023 Item 6.
Exhibit"A"
Scope of Services.
Exhibit"B", Compensation Schedule/Project Billing/Project Budget.
Exhibit"C"
.,Affidavit.
Exhibit I'D" Conflict of Interest Questionnaire, Form CIQ.
15.2 Assignment and Sublett Artist agrees that neither this Agreement nor the work to be
performed hereunder will be assigned or sublet without the prior written consent of the City, except
for transportation, delivery and foundry services. Artist further agrees that the assignment or
subletting of any portion or feature of the work or materials required in the performance of this
Agreement shall not relieve Artist of its full obligations to the City as provided by this Agreement.
All such approved work performed by assignment or subletting shall be billed through Artist, and
there shall be no third party billing.
15.3 Attorngy's Fees — If either party files any action or brings any proceeding against the other
arising from this Agreement,then as between City and Artist, the prevailing party shall be entitled to
recover as an element of the costs of suit, and not as damages, reasonable and necessary attorneys'
and experts' fees and litigation expenses to be fixed by the court both at trial and on appeal, subject
to the limitations set forth in TEX. LOC. GOVT CODE §271.153, as it exists or may be amended, if
applicable.
15.4 Successors and Assians City and Artist, and their partners, assigns, successors,
subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby
bound to the terms and conditions of this Agreement.
15.5 Savings /Severabil —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
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 contained in this Agreement.
15.6'Venue—This entire Agreement is performable in Collin County, Texas. This Agreement shall
be construed under and in accordance with the laws of the State of Texas, without regard to Texas'
choice of law provisions. The exclusive venue for any action arising out of the parties' performance
under this Agreement shall be a court of appropriate jurisdiction in Collin County,Texas.
15.7 1 Execution/Consideration — This Agreement is executed by the parties hereto without
coercion or duress for any substantial consideration,the sufficiency of which is forever confessed.
15.8 'Auth — The individuals executing this Agreement on behalf of the respective parties
below represent to each other that all appropriate and necessary action has been iaken 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
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
Artists
Page 11 of 20
2487035
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1111412023 Item 6.
in order for the same to be an authorized and binding agreement on the party for whom the 'Individual
is signing this Agreement and that each affixing his or her sipature hereto is authorized to do so, and
such authorization is valid and effective on the date thereof
15.9 Waiver—Waiver by either party 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.
15.10 Headi — The headings of the various sections of this Agreement are included solely for
the convenience of reference and are not to be full or accurate descriptions of the content thereof.
15.11 MultivIe Counterparts, — This Agreement may be executed in a number of identical
counterparts,, each of which shall be deemed an original for all purposes. A facsimile signature will
also be deemed to constitute an original if properly executed.
15.12 Immu — The parties acknowledge and agree that, in executing and performing this
Agreement, City has not waived nor shall be deemed hereby 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.
15.13 Representations —Each signatory represents his Agreement has been read by the party for
which this Agreement is executed and that such party has had the opportunity to confer with its
counsel.
15.14 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.
15.15 Death of Artist—In the event the Artist dies or becomes incapacitated during the term of this
Agreement, the fabrication, delivery and installation of the Artwork shall be completed pursuant to
the Artist's design, conception and plans by:Name: Brian Carlson(contractor/artist)
Address: 620 W Palm Drive, Arcadia, California 91007, Telephone: (626)482-0022, E-mail:
zorthiana
,att.net.
15.16 No Third Party Beneficiaries—Nothing in this Agreement shall be construed to create any
right in any third party not a signatory to this Agreement, and the parties do not intend to create any
third party beneficiaries by entering into this Agreement.
15.17 Reference to Artist — When referring to "Artist," this Agreement shall refer to and be
binding upon Artist, and his partners, employees, representatives, contractors, subcontractors,
0
licensees, invitees, agents, successors, assignees (as authorized herein), vendors, grantees, trustees,
legal representatives and/or any other third parties for whom Artist is legally responsible.
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture,Inc.,
Artists
Page 12 of 20
2487035
83
1111412023 Item 6.
15.18 Reference t When referring to "City," this Agreement shall refer to and be binding
upon City, its Council members, officers, agents, representatives, employees and/or any other
authorized third parties for whom City is legally responsible.
15.19 No Joint Enterprise—The parties do not intend that this Agreement be construed as finding
that the parties have formed a joint enterprise. The purposes for which each party has entered into
this Agreement are separate and distinct. It is not the intent of either of the parties that a joint
enterprise relationship is being entered into and the parties hereto specifically disclaim such
relationship. This Agreement does not constitute a joint enterprise,, as there are no common
pecuniary interests, no common purpose and no equal right of control among the parties hereto.
(Signature page follows)
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
Artists
Page 13 of 20
2487035
84
1111412023 Item 6.
IN WITNESS WHEREOF, the parties have, eXeCLIted this Agree tnent and, caused dils Agreement ,to
be effective on, the date set forth, in the introductory clause, ofthis Acn-eenient.
Lt I
CITY*- ARTIST:
'Yoshikawa Stone Sculpture, Inc.,, artist
City of'Wylie, Texas
,a home-rule municipali,ty
B y 0: By:
Brent Parker, City 'Manager Yosh�ika,NNra, Wriglit, Artist
Approved, as, to Foirom:
By
Ab iathy, Roeder, Boyd & FlUllett, P.C.
Ryan Piltinan,, City Attorneys
Ag'reernetitfor Municipal Walking"T"ralls, Phase 2 .Pubfic At-t Project, Yoshikawa, Stone, Sculpture, 111C..,
A rtists
Page 14 of 20
2487035
85
1111412023 Item 6.
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on
this day personally appeared Brent Parker, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that she executed the same for the purpose and
consideration expressed,and in the capacity therein stated.
Given under my hand and seal of office this day of 2023.
Notary Public in and For the State of Texas
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on
this day personally appeared YOSIHKAWA MTRIGHT,Artist, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same
for the purpose and consideration expressed, and in the capacity therein stated.
Given under my hand and seal of office this day of 1�2023.
Notary Public in and For the State of Texas
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
Artists
Page 15 of 20
2487035
86
1111412023 Item 6.
EXHIBIT "A"'
SCOPE OF SERVICES
Pro I*ect Descrn' tion
("Municipal Walking Trails,Phase 2 (Public Art Projects)
To fabricate and install the proposed Fire Municipal Walking Trails, Phase 2 Public Art Projects artist
Yoshikawa Stone Sculpture,Inc. will perform the following tasks-,
0 0
A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted
0
maquette to City staff and the Public Arts Advisory Board for their review and approval
within sixty (60)days of the receipt of this agreement. These drawings will include:
Detailed information of every physical feature of the construction of the Artwork and 'Its,
integration with the site with any proposed changes to the previously submitted concept
highlighted. (Final Design).
A description of any 'Issues 'Involved 'in the construction, i I ntegration and maintenance of
the Artwork, as well as any third-party subcontractors needed to work on the project.
A final project budget breakdown not to exceed$801,000.
An *Installation timeline.
B) Following formal approval by the Public Arts Advisory Board, and the Wylie City Council, the
Artist shall submit drawings stamped, by an engineer, located and licensed by the State of Texas
and paid for by the Artist, for certification that the Artwork, foundation, and its connection will
be structurally sound.
Q Artist shall fabricate and install the Artwork in substantial conformity with the approved
design. Any significant changes 'in the concept, as defined 'in Article 5.2, must be approved by
the City. It 'is the responsibility of the Artist to coordinate with the City, the Project Landscape
Arcnitect, and Contractor to ensure that the site i's prepared to receive the Artwork. Artist will
be responsible for preparation of the site, including installation of the foundation base, risers,
sculptures and lighting. City will be responsible for landscaping around the space and electrical
power to the site.
D) Upon completion of' the permanent installation and cle�an-up of the site, the City Project
0
Manager will inspect the work and give notice of acceptance, as provided 'in this Agreement.
0
Artist will complete City's maintenance worksheet and submit 'it to the City within ten (10)
days of City's final acceptance of the Artwork.
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture, Inc.,
Artists
Page 16 of 20
2487035
87
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1111412023 Item 6.
MAINTENANCE PROCEDURES
Materials and Care Information Sheet (to be filled out by the artist and submitted upon completion of
the project prior to final payment.)
Artist: Yoshikawa Stone Sculpture, Inc., Yoshikawa Wright, (Artist)
Title of Work: 'Sacred Fire'
Media: Texas limestone
Specific materials used (Brand name and type of all materials, i.e. type of paper and fiber
content, mental alloy, chemical composition of patina, etc.):
Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax casting,
TIG welding, etc.): Sculpting
Title of Work: 'Ancestor's Voice'
Media: Black academy granite
Specific materials used (Brand name and type of all materials, 'i.e. type of paper and fiber
content, mental alloy, chemical composition of patina, etc.):
Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax casting,,
TIG welding, etc.): Sculpting
Fabricator name and address(if other than artist): N/A
Installation materials and techniques(Attach as-built drawings as appropriate):
Recommended Maintenance procedures. (Be as specific as possible about techniques and
materials):
Cautions regarding maintenance, handling,etc:
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture,Inc.,
Artists
Page 17 of 20
2487035
96
1111412023 Item 6.
EXBMIT"B"
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Completion Schedule and Project Billing
TASK DESCRIPTION PAYMENT r IMELINE
I Execution of Agreement and Notice to Proceed. $I 01�000 11-14-2023
Insurance documentation sent to City.
2 Submit final design and budget breakdown for $8,000 01-02-2024
approval to city staff. Stamped engineered drawings
submitted.
3 Artist begins work upon issuance of city permit. $159000 02-01-2024
4 Artist carving stone (half complete)confirmed with $201,000 06-01-2024
staff. (pictures or examination)
5 Artist ships work from studio to site. $8,000 11-15-2024
6 Artist installs work at site. $72000 12-12-2024
7 City inspection and approval-final signoff. $12PO 12-22-2024
TOTAL $803,000
Agreement for Municipal Walking Trails,Phase 2 Public Art Project,Yoshikawa Stone Sculpture,Inc.,
Artists
Page 18 of 20
2487035
97
1111412023 Item 6.
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1111412023 Item 6.
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1111412023 Item 6.
Yoshikawa S ne Scu ture Inc.
BUDGET
Trip to Wylie for City Council meeting $800000
Business Insurance $960000
Engineering for both sculptures. $1800000
Purchase of Texas limestone. $6Y200000
Delivery of stone from Belen, NM. $1 Y800000
Rental forklift to off-load stone. $2Y400000
Purchase of Granite $4Y500000
Delivery of stone from Fresno, CA. $1800000
Rental forklift to off-load stone $2Y400000
Fabrication (studio rent, materials). $341990000
Crating $17800000
Delivery of both sculptures to Wylie, TX $3,000-00
Forklift to unload $900000
Installation (extra personel) $400000
Crane rental $3Y200000
Contractor to prepare site $97000000
(Concrete work/compacting earth)
Trip to Wylie to inspect mound $800000
Graff iti/pollution sealer $500000
Electrician to install lights. $750000
Fund for unexpected expenses $2YOOOMOO
100
1111412023 Item 6.
THE HARTFORD
BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
THE I
HARTFORD SAN ANTONIO TX 78251 October 5, 2023
City of Wylie,Texas
300 COUNTRY CLUB RD
WYLIE TX 75098
Account Information: Ll Contact Us
D. YOSHIKAWA WRIGHT DBA
Policy Holder Details YOSHIKAWA DBA DENICE Need Help?
WILLIAM WRIGHT Chat online or call us at
(866)467-8730.
We're here Monday- Friday.
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any
questions or concerns.
Sincerely,
Your Hartford Service Team
WLTRO05
101
DATE 1111412023 Item 6.
CERTIFICATE OF LIABILITY INSURANCE
1 /05/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED,
subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not
confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
THE LIBERTY CO INS BROKERS LLC/PHS NAME:
PHONE (866)467-8730 FAX
72255245 (A/C,No,Ext): (A/C,No):
The Hartford Business Service Center
3600 Wiseman Blvd E-MAIL
San Antonio,TX 78251 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A: Sentinel Insurance Company Ltd. 11000
D.YOSHIKAWA WRIGHT DBA YOSHIKAWA DBA DENICE INSURER B:
WILLIAM WRIGHT
INSURER C:
6190 TEMPLE HILL DR
LOS ANGELES CA 90068-2917 INSURER D
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITH STAN DING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSR WVD DD/YYYY) (MM/DD/Y YYY)
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $270007000
CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,000,000
—1 F] PREMISES(Ea occurrence)
X General Liability MED EXP(Any one person) $10,000
A X X 10/15/2022 10/15/2023 PERSONAL 8,ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
RO- LOC PRODUCTS-COMP/OP AGG $4,000,000
POLICY JECT —1
1:1 P Fx
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000
(Ea accident)
ANY AUTO BODILY INJURY(Per person)
A ALL OWNED SCHEDULED 10/15/2022 10/15/2023 BODILY INJURY(Per accident)
AUTOS AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE
—I AUTOS r AUTOS (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS- AGGREGATE
MADE
DEDI I RETENTION$
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY ISTATUTE I IER
ANY Y/N E.L.EACH ACCIDENT
PROPRIETOR/PARTNER/EXECUTIVE N/A
OFFICER/MEMBER EXCLUDED? E E.L.DISEASE-EA EMPLOYEE
(Mandatory in NH)
If yes,describe under E.L.DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS ILOCATIONSI VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Those usual to the Insured's Operations.
CERTIFICATE HOLDER CANCELLATION
City of Wylie,Texas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
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WYLIE TX 75098 IN ACCORDANCE WITH THE POLICY PROVISIONS.
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102
AGENCY CUSTOMER ID: 1111412023 Item 6.
LOC#:
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
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ADDITIONAL REMARKS
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103
Yoshi'kawa S ne Scu rure
It' s interestming working. out an approach to
this project. On many projects I ' m just
working out aesthetic considerations . This
project is unique and significant because
we I re dealing with an ancient Caddo
culture as well as a resurging modern
Caddo culture . Because of their history, my
approach to this project is that of a
spiritual healing . This project not only has
the potential to create awareness of Caddo
culture but also to promote and celebrate
modern day Caddo culture .
(5)For one site , I 've created a symbolic fire
and smoke sculpture entitled 'Sacred Fire ' .
Through my research I discovered that fire
was very integral to their ceremonial and
everyday life . Fire represents life . (3) In their
creation story, the first man and woman
brought fire , a tobacco pipe , a drum and
seeds for planting . All of these items
appear in the ceremonial life , with fire
featuring prominently. As recorded by Fray
Isidro Felix de Espinoza, a Franciscan
missionary ( 1715 - 1721) : (2) ' in each village
a special house was created for the fire .
This fire was tended to by the high priest
(xinesi) . It was believed that if the fire went
out, the village would perish ) . For certain
ceremonies , the smoke was utilized .(2) It is
in this house that the chieftains (caddi) and
priests would make important decisions . (7)
'Sacred Fire ' sculpture will be placed on a
four foot hoigh earth mound . The logs at the
base will be oriented to the four cardinal
directions .
(6) Mechanical drawming of 'Sacred Fire ' .
(8) The second site will be a Caddo effigy
vessel sculpture entitled 'Ancestor' s Vo'ice ' .
The concept is the vessel is reemerging
from a deep s1leep. The vessel is emergoing,
from the earth . The lady' s hand that
shaped this vessel tells us of the proide and
power of her culture . The face on the effigy
vessel will be oriented to the 'Sacred Fire '
sculpture . She can ' see ' and is grateful that
nearby the sacred fire is still burning .
This vessel will be emergoing from an earth
berm and other boulder(s) .
(9) Mechanical drawming of 'Ancestor' s
Vo i ce ' .
While doing my research I came across a
site entitled 'Caddo Mounds State Historic
Site ' in Alto, Texas . Besides having three
mounds , a museum , a Snake Woman
garden and an authentic g, rass house (koot
hoot kiwat), they have a working
relationship with the Caddo Nation in
01<lahoma. Once a year, they have Caddo
Day. The Caddo elders perform dances and
the artists and crafts people have an
opportunity to sell their wares . I was
impressed with their programs and so I
visited the site . I tall<ed with site manager
Anthony Souther and was curious if they
would be interested in mimplementing,
similar programs here in Wylie . Of course
they would be happy to do so. ( 10)
m m m 0 'r
Vylle 14unicipal V ailtinj rails
H m m m
I .q. tory of the BI cki nd Pr irie
Author Yoshikawa Wright
�A IN
",r" g,
�qj
....................
Grass house Koo Hoot Kmiwat
Caddo houses typically were tall , circular,
grass-thatched structures with the door
facing East .
Alto, Texas
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em oun f
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Q'I
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dll,
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Al", This mourd w;ts originally at least thred t1imes its
j,
CU
rrent length and reached 35 feet tall. it was the
N
S itual and political center of the village with
Pin
ko,�.......
........
""d, M"
0100'
buddlings for ��orshlip or government. Archeological 5f
""1 0,
*W
evidence suggests that periodically, the buildings on
M
top of the temple mound were ceremonially destroyed
A!,
by fire and then rebullit on a lay' er of fresh dirt brought
H M
to cover the charred rerra*ns.
10, ��,Ao
M
r
CereMOAW Rebifth Th ough Fwe ,
','In the Caddo account of creation', the first ma' 'n and
00
...........
W
woman Jrought fire, a tobacco pipe' ,a drum, 4nd
Creat'ion Sto
PIP,,
§eeds for planting, "Into thlis ,world with them. All
x6,�
'u,
of these ftems appear in the,t"eremonlat'life of tht,
Caddo, with fire featuring prpm Ith the,
lnently.,:Alon
9 ' '
ceremorial burning of,stru rbis, ifleast on, e, 011age
All
petu
structure may have housed zC per alfi, e, ,,`,tende' d,, ::)
by the xinesi, or priest, a'feature also, com' mon r1l",
Caddo groups.
h
04i'IA4 the 1940 exrAvAtIon"
0 th'. Mound, *,01001081SUI,
f ......
tfit'*dthe J` i14 .... ......
rein, da"'Y "Y'
4 b
M
4�
t
ddo 0 ............
M d
MA,
xv
Caddo is contracted from
Kadohadacho ( ' real chief ' )
" SACRED FIRE
T L t
exas i es one
f"q 11
i��,a,"I
...........
...........I
���,,s if pf
so
Fudy Isidro Felix de Espinosa
FrEpinciscan issionary
Life with Caddom 1715ml 721
11WIP
scc
OWNS**
Y% IND c Of M"03>
a re.44
400
to
14/
�/4f A
M
Sacred Fire
Yoshmikawa Sculptor
Political Organization
Each tribe had its own chief or caddi and each of the confederacies
had a grand chief or Xinesi . The latter, who inherited his office
through direct line of descent from father to eldest son , was greatly
revered and feared but had little real political power.
Seemingly his primary function was ceremonial , to keep a perpetual
fire going in the central temple of the confederacy, to act as an oracle
and to perform other priestly duties on behalf of all the
confederates tribes.
hk
........
3P,
"Ancestors Vomicell
..........
Vessel e erging fro a deep sleep .
Both sexes tattooed their faces , breasts , and shoulders by
rubbing charcoal into pricked designs, each tribe having its
own design motifs .
Wo
too
C:5
References
IMM
ITA Index of Texas Archaeology
14's
The Caddo
.............
�qg
Edward R. Jelks
Timothy K. Perttula
.. ......
"Aw
1U
1111412023 Item 7.
Wylie City Council
AGENDA REPORT
07"Y .......
WYLIE
Department: Public Art Account Code:
Prepared By: C. Ehrlich
Consider,and act upon, a contract approving three Collin County Community College artists designs for signal boxes located
at Brown Street and Country Club Road, Collin Way and Country Club Road, and Ballard Street and SH 78, not to exceed
$600, and authorizing the City Manager to execute any necessary documents.
IM 111ILQUer-141611 I
Motion to approve the Item as presented.
The City of Wylie owns twenty-nine large signal boxes located near the City's intersections. The Public Arts Advisory Board
wanted to encourage art students in their endeavors to become artists. The board suggested providing a competition with the
tudents to create designs focused on Wylie and the State of Texas as the theme. Staff contacted the Collin County Community
College Art Department and they were very excited to work with the City to create these designs.
fn collaboration with the Art Department the art students created designs and submitted them to the Public Arts Advisory
oard. A selection committee was appointed by the board and the final student artists and their designs are attached to this
contract. The Public Arts Advisory Board is recommending this contract for the three student finalists.
Fabrication will be completed by the student class and their instructor. All materials will be provided by the College. Total
funds for the projects will not exceed$600 and will be deposited into the Collin County Community College Art Excellence
Fund to be distributed as scholarships of$200 for each student design.
The City Attorney has reviewed and approved the contract prior to presentation to the Council.
104
1111412023 Item 7.
AGREEMENT
BETWEEN
THE CITY OF WYLIE, TEXAS
AND
COLLIN COUNTY COMMUNITY COLLEGE
WYLIE CAMPUS ART DEPARTMENT
FOR
THE FABRICATION AND INSTALLATION OF THE PROPOSED
WYLIE SIGNAL BOX, PUBLIC ART PROJECTS
INTERSECTIONS OF BALLARD AND SH 78, COUNTRY CLUB ROAD AND BROWN
STREET, AND COLLIN WAY AND COUNTRY CLUB ROAD
WYLIE, TEXAS 75098
Made as of the 14th day of November, 2023
Between City: City of Wylie, Texas
3 00 Country Club Road, Bldg. 100
Wylie, Texas 75098
Telephone 972-516-6000
and the Artist: Collin County Community College
Art Department-Maryum Sajjad,
Sarah Juarez, and Kaci French(design artists)
391 Country Club Road, Wylie, TX 75098
For the following Project: Fabrication of three (3) Signal Light Boxes located at
the intersections of Brown and Country Club Road,
Country Club Road and Collin Way, and Ballard and
SH 78, Wylie, Texas 75098
This Agreement("Agreement") is made and entered by and between the City of Wylie, Texas, a
home-rule municipality (" "), and Collin County Community College, a public junior
college, and its students (collectively, the "Collin College Artist"), to be effective from and
after the date as provided herein. City and Artist are sometimes referred to collectively as
the (.4parties" or individually as a"party."
WHEREAS, City desires to engage the services of Artist to paint, fabricate and install a painted
mural ("Artworl,,,") in connection with the Public Art Project on the intersections of Ballard and
SH 78, Brown Street and Country Club Road, and Collin Way and Country Club Road, Wylie,
Texas 75098, which shall be installed in the locations designated by City("Project"); and
Agreement for Public Art Project
Collin Community College Signal Boxes
Page I of 13 105
1111412023 Item 7.
WHEREAS, Artist desires to render all services necessary for the Project on the terms and
conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual benefits to be
obtained hereby and for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
ARTICLE I
ARTIST'S SERVICES
1.1 Employment of Artist — City hereby agrees to retain Artist(s) to provide the Services
(hereinafter defined) as set forth herein in connection with the Project. Artist agrees to perform
such Services in accordance with the terms and conditions of this Agreement.
1.2 Scope of Services — The parties agree that Artist(s) shall provide the Services and
deliverables that are set forth and described in the Scope of Services, attached hereto as Exhibit
"A" and incorporated herein by reference for all purposes ("Scope of Services"'), and shall
furnish all personnel, labor, equipment, supplies and all other items necessary to provide all of
the Services and deliverables as specified by the terms and conditions of this Agreement
(collectively, the "Services"). The parties understand and agree that deviations or modifications
to the Scope of Services, in the form of written change orders, may be authorized from time to
time by City ("Chanize Orders"). Artist shall not perform any "extra" work and/or additional
services without a duly executed, written change order issued by the Wylie City Manager or
authorized designee.
1.3 Schedule of Work — Artist agrees to commence work on November 27, 2023, and to
proceed diligently with said work to completion as described in the Completion Schedule/Project
Billing/Project Budget, attached hereto as Exhibit "B" and incorporated herein by reference for
all purposes. Notwithstanding anything herein to the contrary, fabrication of the Artwork shall be
completed no later than December 1, 2023.
ARTICLE 2
CITY'S RESPONSIBILITIES
2.1 Project Data — If reasonably requested by Artist, City shall furnish required information that
it has in its possession as of the date of the request, and Artist shall be entitled to rely upon the
accuracy and completeness of the information furnished by City under this Article 2.1.
2.2 City Project Man — City shall designate, when necessary, a representative authorized to
act on City's behalf with respect to the Project (44Project Man City or the Project Manager
shall examine the documents submitted by Artist and shall render any required decisions
pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the
Services. Artist understands and agrees that the Project Manager and his or her authorized
Agreement for Public Art Project Collin Community College Signal Boxes Page 2 of 13
106
1111412023 Item 7.
representative are not authorized to issue verbal or written Change Orders for "extra" work or
'4claims" invoiced as "extra"work.
ARTICLE 3
ARTIST'S COMPENSATION
3.1 Compensation for Artist's Services — As described in Article 1, Artist's Services of this
Agreement, compensation for this Project shall be on a lump-sum basis, in an amount not to
exceed Six Hundred Dollars and No/100 Dollars ($600.00) ("Artists Fee"), which sum Collin
County Community College agrees to use to award scholarships to art design students enrolled
at Collin County Community College Art Excellence Fund. The Artist's Fee is
consideration for all Services to be rendered and materials to be provided in accordance with
this Agreement. Artist's Fee shall be paid in accordance with this Article 3 and the Completion
Schedule/ Project Billing /Project Budget as set forth in Exhibit "B". The Artist's Fee
shall not be paid to Collin County Community College Art Excellence Fund, until
Artist(s) has completed, delivered and installed, as applicable, all of the Artwork,
Services and tasks described in Exhibits "A"" and"B" to City's satisfaction.
ARTICLE 4
OWNERSHIP AND COPYRIGHT
4.1 Ownership of Work — Upon completion, the Artwork and the Project shall be the sole
property of City, and Artist shall not make any duplicate work of the same or substantially
s 1 ilar size no 1
m I r shall Artist grant permission to others to do so except with the written
permission of City. City shall be entitled to copies of the plans and the maquette which are
prepared by Artist in connection with the development and fabrication of the Project under this
Agreement. The ownership of the Artwork is automatically transferred to and vested in City
upon full payment of the Artist's Fee as set forth in Article 3.1 of this Agreement.
4.3 License to — Artist irrevocably licenses City, its employees, representatives, officers
and agents, the right to make photographs, two dimensional reproductions, and adaptations of the
work for educational, public relations, arts promotional and other non - commercial purposes.
For the purposes of this Agreement, the following, among others, are deemed to be reproductions
and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues,
websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art
and news sections of newspapers; in general books and magazines not primarily devoted to art
but of an educational, historical or critical nature; cslides, videos and film strips not intended for a
mass audience, and television from stations operated for educational purposes or on programs for
educational and news purposes from all stations.
4.4 'Representations and Warranties Ret!ardin2 Copyri2ht — Artist represents and warrants
that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or
other intangible rights of any third party. Artist represents and warrants that the Artwork is an
edition of I, unless otherwise agreed upon with the City.
Agreement for Public Art Project Collin Community College Signal Boxes Page 3 of 13
107
1111412023 Item 7.
ARTICLE 5
FABRICATION
5.1 Specifications — Artist will fabricate the Artwork, or cause it to be fabricated, in substantial
conformity with the design approved by City as set forth in Exhibit"A".
5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City
will be approved in writing by the other party. For purposes of this Agreement, a significant
change will mean any change, including but not limited to, a change in the scope, design, color,
size or material of the Artwork, which affects cost, installation, site preparation, maintenance and
concept as represented in the design described in Exhibit "A". If Artist wishes to make a
significant change to the Artwork, he must request written approval from City of the change in
writing at the address provided in Section 10. City will provide a written response within thirty
(30) calendar days.
5.3 Review of the Artwork — City will be given access to the Artwork during reasonable
business hours at Artist's studio in order to review the Artwork and Artist's progress with
fabrication of the Artwork. Alternatively, City may request, and shall be given photographic
documentation of Artist's progress.
5.4 Warranty of Craftsma — Artist warrants that the Artwork will be free of defects in
workmanship and materials. In the event that any defects become apparent in the workmanship
or materials within five (5) years of the execution of this Agreement, Artist will remedy any
defects at Artist's sole cost and expense provided that City has followed and documented the
maintenance procedures detailed in Exhibit "A".
ARTICLE 6
FINAL APPROVAL OF ARTWORK
6.1 Final Approval — Within ten (10) business days after the permanent installation of the
Artwork, City will inspect the Artwork to determine whether it conforms to all of the
requirements of this Agreement. If City finds that any aspect of the Artwork is not in
conformance with this Agreement, City will notify Artist in writing within seven (7) business
days of the inspection. Artist will have an opportunity to address and cure any defects, requests
or concerns of City within fifteen (15) days of the date of City's notice provided pursuant to
this Article 7. All of the foregoing is without prejudice to any other remedies available to City
under this Agreement or at law.
ARTICLE 7
INTEGRITY OF THE WORK
7.1 Repairs and Maintenance - City shall exercise reasonable care to protect, repair, and
maintain the work. Artist agrees to cooperate with and advise the City in connection with
any such non-routine maintenance, including, without limitation, damage by acts of God,
vandalism, conservation and/or replacement of any portion of the Artwork to the extent that
Artist is able to do so.
Agreement for Public Art Project Collin Community College Signal Boxes Page 4 of 13
108
1111412023 Item 7.
7.2 Alteration of the Artwork or of the Site — Artist acknowledges that the artwork, when
installed, may be incorporated within and made a part of a facility in such a way that removing
the artwork from the facility, or the destruction or modification of the facility may cause
the destruction, distortion, mutilation or other modification of the Artwork.
7.3 VARA Waiver — To the extent this Article or any other provision of this Agreement is
inconsistent with federal law or any applicable moral rights belonging to the Artist, including the
Visual Artists' Rights Act of 1990, Artist acknowledges receiving notice of such provisions and
waives any right to preservation of the artwork provided by those laws. Artist shall retain
any right to disclaim authorship of the Artwork as set forth in the Visual Artists' Rights Act of
1990.
7.4 'Credit — City agrees, at its own expense, to prepare and install at or near the Project a public
notice, the form and exact location of which shall be solely determined by City, giving Artist
credit for the creation of the Artwork.
ARTICLE 8
TERMINATION OF AGREEMENUREMEDIES
8.1 Artist Default — Failure or refusal of Artist to perform any act herein required, unless
mutually agreed to in writing by City and Artist, shall constitute a default under this Agreement.
In the event of a default, in addition to any other remedy available to City, this Agreement may
be terminated by City upon ten (10) days' written notice. Such notice does not waive any other
legal remedies available to City. Should termination occur due to Artist default, Artist will
refund any payments received, in addition to any other remedies available to City under
this Agreement or at law. In the event of any termination under this article, Artist shall deliver to
City all work, entirely or partially completed, in addition to any other remedies available to
City under this Agreement or at law.
8.2 Conditions for Termination of A$!reement Other than Artist's Default — If City deems,
in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the
deadlines specified herein are not met due I in whole or in part, to the Artist's actions and/or
omissions, or if cost estimates indicate that the Project cannot be completed within the
Project budget, City retains the right to terminate this Agreement and is released from the
obligation to enter into fabrication and installation of Artist's design concept for the Project.
The rights and remedies provided by this Agreement are cumulative, and the use of any one right
or remedy by either party shall not preclude or waive its rights to use any or all other remedies.
These rights and remedies are given in addition to any other rights the parties may have by law,
statute, ordinance or otherwise.
ARTICLE 9
INDEMNITY
Agreement for Public Art Project Collin Community College Signal Boxes Page 5 of 13
109
1111412023 Item 7.
TO THE EXTENT ALLOWED BY TEXAS LAW, ARTIST SHALL RELEASE, DEFEND,
INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS,
OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND
AGAINST ALL DAMAGES, INJURIES ( INCLUDING DEATH), CLAIMS, PROPERTY
DAMAGES INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK
AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL
PROPERTY AND /OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS,
JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY9 S FEES AND
EXPENSES (INCLUDING ATTORNEYY FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY
NEGLIGENT, AND/OR INTENTIONAL ACT AND /OR OMISSION OF ARTIST, ITS
OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS,
LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS
LEGALLY RESPONSIBLE, IN ITS /THEIR PERFORMANCE OF THIS AGREEMENT
AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST
PURSUANT TO THIS AGREEMENT HEREINAFTER ("CLAIMS99). THIS
INDEMNIFICATION PROVISION AND THE USE OF THE TERM CLAIMS99 IS ALSO
SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL
CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY
GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON
PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY
FEDERAL. IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS,
DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR
ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND
HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT
SUBCONTRACTOR' S OR EMPLOYEE9 S EMPLOYMENT AND/OR SEPARATION
FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY
DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR
PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR
DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION,
AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE
WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO
RELIEF UNDER THE WORKERS9 COMPENSATION ACT OR WOULD BE SUBJECT
TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE,
AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE.
ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH
CLAIMS.
IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE
OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST IN
FULFILLING HIS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY
CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN
WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL
OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO
SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF
Agreement for Public Art Project Collin Community College Signal Boxes Page 6 of 13
110
1111412023 Item 7.
ARTIST' S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S
OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST
SHALL RETAIN CITY- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7)
BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS
RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO
RETAIN COUNSEL WITHIN SUCH TIME. PERIOD, CITY SHALL HAVE THE RIGHT
TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE
LIABLE FOR ALL REASONABLE COSTS INCURRED BY CITY. THE RIGHTS AND
OBLIGATIONS CREATED BY THIS ARTICLE SHALL SURVIVE TERMINATION OF
THIS AGREEMENT.
LIMITATIONS. COLLIN COLLEGE IS SUBJECT TO CONSTITUTIONAL AND STATUTORY
LIMITATIONS ON ITS ABILITY TO ENTER INTO CERTAIN TERMS AND CONDITIONS OF THE
AGREEMENT, WHICH MAY INCLUDE THOSE TERMS AND CONDITIONS RELATING TO: LIENS ON
COLLIN COLLEGE PROPERTY;DISCLAIMERS AND LIMITATIONS OF WARRANTIES;DISCLAIMERS
AND LIMITATIONS OF LIABILITY FOR DAMAGES;WAIVERS,DISCLAIMERS,AND LIMITATIONS ON
LEGAL RIGHTS, REMEDIES9 REQUIREMENTS9 AND PROCESSES; LIMITATIONS OF TIME IN WHICH
TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER
PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEY'S
FEES; DISPUTE RESOLUTION; AND INDEMNITIES. TERMS AND CONDITIONS RELATING TO THESE
LIMITATIONS WILL NOT BE BINDING ON COLLIN COLLEGE, EXCEPT TO THE EXTENT NOT
PROHIBITED BY THE CONSTITUTION AND THE LAWS OF THE STATE OFTEXAS.
ARTICLE 10
NOTICES
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 facsimile; by
electronic mail, with documentation evidencing the addressee's receipt thereof-, or by delivering
the sane 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 upon receipt at the address of the
addressee. For purposes of notification, the addresses of the parties shall be as follows:
If to City, addressed to it at:
Brent Parker, City Manager
Carole Ehrlich,Public Arts Coordinator
City of Wylie
3 00 Country Club Road, Bldg. 100
Wylie, Texas 75098
If to Artist, addressed at:
Erika Mcllnay,Art and Music Coordinator
391 Country Club Road,
Wylie TX 75098
Agreement for Public Art Project Collin Community College Signal Boxes Page 7 of 13
1111412023 Item 7.
ARTICLE It
MISCELLANEOUS
11.1 Complete Aueement— This Agreement, including the exhibits hereto labeled"A" through
"B", all of which are incorporated herein for all purposes, constitute the entire Agreement by and
between the parties regarding the subject matter hereof and supersedes all prior and/or
contemporaneous written and/or oral understandings. This Agreement may not be amended,
supplemented and/or modified except by written agreement, duly executed by both parties. To
the extent that any provision of this Agreement should conflict with the provisions of an exhibit,
the provisions of this Agreement shall prevail. The following exhibits are attached and made
part of this Agreement:
Exhibit "A", Scope of Services.
Exhibit"B",Compensation Schedule/Project Billing/Project Budget.
11.2 Assignment and Subletti — Artist agrees that neither this Agreement nor the work to
be performed hereunder will be assigned or sublet without the prior written consent of the City,
except for transportation, delivery and foundry services. Artist further agrees that the
assignment or subletting of any portion or feature of the work or materials required in the
performance of this Agreement shall not relieve Artist of its full obligations to the City as
provided by this Agreement. All such approved work performed by assignment or subletting
shall be billed through Artist, and there shall be no third-party billing.
11.3 Successors and Assians — City and Artist(s), and their partners, assigns, successors,
subcontractors, executors, officers, agents, employees, representatives, and administrators are
hereby bound to the terms and conditions of this Agreement.
11.4 Savino /Severab — 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 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 contained in this Agreement.
11.5 Venue — This entire Agreement is performable in Collin County, Texas. This Agreement
shall be construed under and in accordance with the laws of the State of Texas, without regard
to Texas' choice of law provisions. The exclusive venue for any action arising out of the
parties' performance under this Agreement shall be a court of appropriate jurisdiction in Collin
County, Texas.
11.6 Execution/Consideration, — This Agreement is executed by the parties hereto without
coercion or duress for any substantial consideration, the sufficiency of which is forever
confessed.
11.7 Author — The individuals executing this Agreement on behalf of the respective parties
Agreement for Public Art Project Collin Community College Signal Boxes Page 8 of 13
112
1111412023 Item 7.
below represent to each other that all appropriate and necessary action has been taken to
authorize the individual who is executing this Agreement to do so for and on behalf of the
party for which his or her signature appears, that there are no other parties or entities required to
execute this Agreement in order for the same to be an authorized and binding agreement on the party
for whom the individual is signing this Agreement and that each affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the date thereof
11.8 Waiver—Waiver by either party 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.
Breach of Contract Claims Against Collin College. The dispute resolution process provided
in subchapter 1, Chapter 27 1, Texas Local Government Code shall be used to attempt to resolve
any claim for breach of contract that cannot be resolved in the ordinary course of business.
11.9 Headings — The headings of the various sections of this Agreement are included solely
for the convenience of reference and are not to be full or accurate descriptions of the content
thereof.
11.10 Multiple Counterparts — This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
11.11 Imm — The parties acknowledge and agree that, in executing and performing this
Agreement, City has not waived nor shall be deemed hereby 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.
11.12 Representations — Each signatory represents his Agreement has been read by the party
for which this Agreement is executed and that such party has had the opportunity to confer
with its counsel.
11.13 Miscellaneous Draftint! 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.
11.14 No Third Party Beneficiaries —Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not intend to
create any third party beneficiaries by entering into this Agreement, except as expressly
provided herein.
11.15 1 Reference to Artist — When referring to "Artist," this Agreement shall refer to and be
binding upon Artist, and his partners, employees, representatives. contractors, subcontractors,
licensees, invitees, agents, successors, assignees (as authorized herein), vendors, grantees,
Agreement for Public Art Project Collin Community College Signal Boxes Page 9 of 13
113
1111412023 Item 7.
trustees, legal representatives and/or any other third parties for whom Artist is legally
responsible.
11.16 Reference to Ci — When referring to "City," this Agreement shall refer to and be
binding upon City, its Council members, officers, agents, representatives, employees and/or
any other authorized third parties for whom City is legally responsible.
0
11.17 iNo Joint Enterprise — The parties do not intend that this Agreement be construed as
finding that the parties have formed a joint enterprise. The purposes for which each party has
entered into this Agreement are separate and distinct. It is not the intent of either of the parties
that a joint enterprise relationship is being entered into and the parties hereto specifically
disclaim such relationship. This Agreement does not constitute a joint enterprise, as there are
no common pecuniary interests, no common purpose and no equal right of control among the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the date set forth in the introductory clause of this Agreement.
CITY: ARTIST:
City of Wylie, Texas Collin County Community College
a home-rule municipality
By: By:
Brent Parker, City Manager Name:
Title:
Agreement for Public Art Project Collin Community College Signal Boxes Page 10 of 13
114
1111412023 Item 7.
EXHIBIT 46A99
SCOPE OF SERVICES
Project Descr
To fabricate and install the proposed designs located at (three 3) Signal Light Boxes located at the
intersections of Brown and Country Club Road, Country Club Road and Collin Way, and Ballard
and SH 78, Wylie, Texas 75098.
Public Art Projects,Artist shall perform the following tasks:
A. The Artist shall fabricate and install the Artwork in substantial conformity with the
approved designs. Any significant changes in the concept, as defined in Article 5.2,
must be approved by the City. It is the responsibility of the Artist to coordinate
with the City to ensure that the site is prepared to receive the Artwork. The Artist
will be responsible for preparation of the site, including installation and fabrication.
B. Upon completion of the permanent installation and clean-up of the site, the City
Project Manager will inspect the work and give notice of acceptance, as provided in
this Agreement. The Artist will complete the City's maintenance worksheet and
submit it to the City within ten (10) days of City's final acceptance of the Artwork.
Agreement for Public Art Project Collin Community College Signal Boxes Page I I of 13
115
1111412023 Item 7.
MAINTENANCE PROCEDURES
Materials and Care Information Sheet (to be filled out by the artist and submitted upon
completion of the project prior to final payment.)
Artist: Date:
Title of Work:
Media:
Specific materials used (Brand name and type of all materials, i.e. type of paper and fiber
content, mental alloy, chemical composition of patina, etc.):
Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax
casting, TIG welding, etc.):
Fabricator name and address (if other than Artist):
Installation materials and techniques (Attach as-built drawings as appropriate):
Recommended Maintenance procedures. (Be as specific as possible about techniques and
materials):
Cautions regarding maintenance, handling, etc:
Agreement for Public Art Project Collin Community College Signal Boxes Page 12 of 13
116
1111412023 Item 7.
EXHIBIT "B"
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Completion Schedule and Project Billing
TASK DESCRIPTION PAYMENT TIMELINE
I Execution of Agreement. $0 11-14-2023
2 Artist begins work. $0 11-27-2023
3 Artist completes work at site. $0 12-1-2023
4 City inspection and approval-final signoff. $600 12-8-2023
TOTAL $600
Agreement for Public Art Project Collin Community College Signal Boxes Page 13 of 13
117
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Maryum Sajjad
Location: Ballard and SH 78 Intersection
City Suggestions: adjusting the dog/clarifying
ME I ME
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IMM
Kacel French
Location: Brown St and Country Club
City Suggestions: a little more in the design of the bluebonnets. (maybe stems/leaves?)
Sarah Juarez
Location: Collin Road/Country Club (entrance to college across from city hall)
City Suggestion: Use College Logo (Cougar)
1111412023 Item 8.
Wylie City Council
,C T1111Y (1 1
I",
WYLIE A EN A REPORT
Department: City Secretary Account Code:
Prepared By: City Secretary
Consider, and act upon, Resolution No. 2023-29(R) casting a vote for a candidate(s) to the Board of Directors of the Collin
Central Appraisal District for a one-year term beginning January 1, 2024.
1 1111LQ1L9r-14L6j1 1
1 70tion to approve Resolution No. 2023-29(R) casting vote(s) for as a candidate to the Board of Directors of
�he Collin Central Appraisal District for a one-year term beginning January 1, 2024.
�pl
The City of Wylie has 53 votes that they may cast for a candidate(s)to the Board of Directors of the Collin Central Appraisal
District for a one-year term beginning January 1, 2024.
Nominated candidates that were submitted to the Collin Central Appraisal District by cities within the CCAD District include:
Dan Bollner,David Gensler,Richard"Rick"Grady,Michelle Howarth,Ronald L.Kelley,Brian Mantzey, Clint Pruett, Scott
Sperling,Charles Weis,Richard Williams,and Veronica Yost.The City of Wylie may cast all of its 53 votes for one candidate
or distribute the votes among any number of candidates that were nominated.
Council is asked to adopt a resolution casting its votes for a candidate(s) for the Board of Directors of the Collin Central
Appraisal District. The resolution and ballot must be submitted no later than December 15, 2023.
121
1111412023 Item 8.
RESOLUTION NO.2023-29(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, CASTING ITS VOTE FOR A MEMBER OF THE BOARD OF
DIRECTORS OF THE COLLIN CENTRAL APPRAISAL DISTRICT IN
ACCORDANCE WITH SECTION 6.03(G) OF THE STATE PROPERTY TAX
CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY
INTERESTED PARTIES OF SAID ACTION.
WHEREAS,in accordance with Section 6.03(G)of the State Property Tax Code,the City of Wylie
is required to cast votes for a candidate to Board of Directors of the Central Appraisal District; and
WHEREAS,the City of Wylie has 53 votes to cast and said votes must be cast no later December
1512023.
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 cast and confirm its 53
votes as provided for on the attached ballot, to the Board of Directors of the Collin Central Appraisal
District.
SECTION 2:The City Secretary is hereby directed to submit the official ballot,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 14th
day of November, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Resolution No.2023-29(R)Collin Central Appraisal District Election of Board of Directors Page I of 1
122
1111412023 Item 8.
Collin
Central
0
r -a D i Aoft t r i t
Egg, Collin C .Z. 11trijI App I �11 !�S C
------------
October 18, 2023
Stephanie Storm, TRIVIC, City Secretary
Wylie City
300 Country Club Rd., Buildinq 100, 1 st Floor
Wylie, TX 75098
RE: Board of Directors election, one-year term, beginning January 1, 2024
Dear Ms. Storm.-
Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Collin
Central Appraisal District. The candidates are listed alphabetically by their surname.
Each voting unit must vote 'in an open nlieeting, report its vote by written resolution, and submit the
I It
resolution to�the chief appraiser before DeGember '151.......2023 except taxi*ng un*rts w*th 250 or more,
votes.
Tax'l'ng Un'Its w"Ith 250 or more votes MUST determ*lne Its votes by Resolutl"on adopted at the
FIRST or SECOND open meefi*ng of the govern-Ing body held after the chief appraiser del i'vers
the ballot and thel"r vot'l'ng Resolutimon must be subm'I'tted to the chief'appraiser, not later than
the THIRD day followl"ng the date the Resolution was adopted.
Each unit may cast all its votes for one candidate or distribute the votes among any number of the
candidates listed. Since there is no provision for write-in candidates, the chief appraiser will not
count votes for someone not listed on the official ballot.
Regards,
Marty Wright
Chief Appraiser
Enclosure
250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209
McKinney,Texas 75069 Toll-Free 866.467.1110 Cust Service Fax 469.742.9207
www.collincad.org
12_3
E
7 1111412023 Item 8.
in
Collin
Central
Co,11in Central Appraisal Dl* strict
OFFICIAL BALLOT
ISSUED TO: Wyfie Cifty NUMBER OF VOTES: 53
FOR.- BOARD OF DIRECTORS, COLLIN CENTRAL APPRAISAL DISTRICT, ONE-YEAR TERM
BEGINNING JANUARY 1� 2024.
F NOMINEES VOTES
DAN BOLLNER
DAVID GENSLER
RICHARD "'RICKYY GRADY
MICHELLE HOWARTH
RONALD L. KELLEY
BRIAN MANTZEY
CLINT PRUETT
SCOTT SPERLING
CHARLES WEIS
RICHARD WILLIAMS
VERONICA YOST
October 18 2023
Marty Wright, Chief Appraiser
Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore,
please attach a copy of the resolution to this ballot and return to the chief appraiser, at 250 Eldorado Pkwy.,
McKinney, Texas 75069, before December, 15,,,1,,,120(231A, except taxing units with 250 or more votes.
124
COW 1111412023 Item 8.
Central
Collin Central Appraisal D 'Istrict
..........-------—
2024 - 2025
COLLIN CENTRAL APPRAISAL DISTRICT
BOARD OF DIRECTOR'S NOMINATIONS
DAN BOLLNER Nominated by the City of Frisco. Resides in Frisco, TX.
DAVID GENSLER Nominated by the Town of Saint Paul. Resides in Saint
Paul, TX
RICHARD "RICK" GRADY Nominated by the City of Plano and Plano ISD. Resides
in Plano, TX.
MICHELLE HOWARTH Nominated by the City of Sachse. Resides in Sachse, TX
RONALD L. KELLEY Nominated by Plano ISD. Resides in Plano, TX Current
Board member'.
BRIAN MANTZEY Nominated by the City of McKinney. Resides in
McKinney, TX Current Board member.
CLINT PRUETT Nominated by Collin County. Resides in McKinney, TX
SCOTT SPERLING Nominated by the City of Lucas. Resides in Fairview, TX
CHARLES WEIS Nominated by the City of Parker. Resides in Parker, TX.
RICHARD WILLIAMS Nominated by the City of Parker. Resides in Parker, TX
VERONICA YOST Nominated by the City of Allen and Allen ISD. Resides in
Allen, TX.
250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209
McKinney,Texas 75069 Toll-Free 866.467.1110 Customer Service Fax 469.742.9207
www.collincad.org E12 5
1111412023 Item 9.
Wylie City Council
,C T1111Y (1 1
I",
WYLIE A EN A REPORT
Department: City Secretary Account Code:
Prepared By: City Secretary
Consider, and act upon,Resolution No. 2023-30(R) of the City of Wylie,Dallas County,Texas, casting its vote for the fourth
member of the Board of Directors of the Dallas Central Appraisal District.
I 1111tQ1L9r-14L6]1 1
1 70tion to approve Resolution No. 2023-30(R) of the City of Wylie, Dallas County, Texas, casting its vote for
as the fourth member of the Board of Directors of the Dallas Central Appraisal District.
The City of Wylie has one vote that they may cast for a candidate to the Board of Directors of the Dallas Central Appraisal
District.
Nominated candidates that were submitted to the Dallas Central Appraisal District by cities within the DCAD District include:
Brett Franks, Carrie F. Gordon, Michael Hurtt, Mark Jones, Terry Lynne, and Steve Nichols. A copy of the candidate's bio
and nominating jurisdictions for each candidate is attached for Council review.
Council is asked to adopt a resolution casting its votes for a candidate for the Board of Directors of the Dallas Central Appraisal
District. The resolution and ballot must be submitted no later than December 15, 2023.
126
1111412023 Item 9.
RESOLUTION NO.2023-30(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, DALLAS
COUNTY,TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE
BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT.
WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which
allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of
the Texas Property Tax Code) as follows:
1. The City of Dallas shall appoint one(1)member of the Board.
2. The Dallas Independent School District shall appoint one (1)member to the Board.
3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member
i
appointed by the Dallas County Commissioners Court shall not be a resident of either the City of
Dallas or the Dallas Independent School District.
4. Each of the incorporated cities and towns,except for the City of Dallas,shall have the right to nominate
by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said
cities and towns shall, from the nominations received, elect by a majority vote, with each city and
town being entitled to one (1)vote,the fourth member of the Board of Directors.
5. Each of the school districts, and the Dallas County Community College District, except the Dallas
Independent School District,shall have the right to nominate by an official resolution one(1)candidate
as the fifth member of the Board of Directors. The said school districts shall, from the nominations
received, elect by a majority vote, with each school district and the community college district being
entitled to one (1)vote,the fifth member of the Board of Directors.
The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of
those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and
WHEREAS, the City of Wylie, Texas does hereby cast its vote by marking the ballot below (check
one only):
0 Brett Franks(city of Sachse)
0 Carrie F. Gordon (city of Balch Springs)
0 Michael Hurtt(cities of Seagoville and Carrollton)
0 Mark Jones (city of Desoto)
13 Terry Lynne(city of Farmers Branch)
0 Steve Nichols (city of Hutchins)
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Wylie does hereby
confirm its one(1)vote for the election of as the suburban cities' representative
to the Board of Directors of the Dallas Central Appraisal.
Resolution No.2023-30(R)Dallas Central Appraisal District Election of Board of Directors Page I of 2
127
1111412023 Item 9.
DULY PASSED AND APPROVED,by the City Council of the City of Wylie,Texas on this 14th
day of November 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Resolution No.2023-30(R)Dallas Central Appraisal District Election of Board of Directors Page 2 of 2
128
1111412023 Item 9.
I go
Dallas Central Appraisal Dl*strl*ct
Date: October 26, 2023
To: Matthew Porter, Mayor, City of Wylie
From: W. Kenneth Nolan,Executive Director/Chief Appraiser
Re: Election of Suburban.Cities' Representative to Dallas Central Appraisal District Board of Directors
In accordance with state law, the nomination process for persons to serve on the Dallas Central Appraisal
District Board of Directors has been completed. By state law, your agency is required to vote by official ballot
resolution, which is enclosed. You must do so no later than December 15, 2023. If your entity chooses to
abstain from voting,please notify me in writing.
The nominees are as follows. Also included are the names of the nominating cities.
Candidate Nominating City
Brett Franks: City of Sachse
Carrie F. Gordon: City of Balch Spn*ngs
Michael Hurtt: City of Seagoville,City of Carrollton
Mark Jones: City of Desoto
Terry Lynne: City of Farmers Branch
Steve Nichols: City of Hutchins
Resumes for each candidate that were received by DCAD are enclosed as well as the ballot(last page).
Please act on.this election process by official ballot resolution and return the ballot resolution to my office in the
enclosed envelope by December 15, 2023. The 1979 resolution adopted by the taxing unlits partlicipatingin
Dallas Central Appraisal District, which governs board elections, requires that a candidate receive a
majority of the votes "in order to be elected to the Board of Directors. Therefore, "it is imperative that your
taxing unit cast its vote before the December 15,2023 deadline.
We appreciate your interest in this very important process and look forward to receiving your vote.
WKN/cdj
Enclosure(Nominee Bio/Official Ballot Resolution/Return,Envelope)
Cc: Brent Parker, City Manager
Stephanie Storm, City Secretary
Melissa Brown, Finance Director
Office of Executive Director/Chief Appraiser
2949 N. Stemmons Freeway 0 Dallas,Texas 75247-6195 0 (214)631-0520
Web Site:www'Aallascad,o Ll 29
1111412023 Item 9.
Brett Franks
City Council Place 1
City of Sachse
Councilman Brett Franks was elected to serve on the Sachse City Council in Place One in June 2012. He is
an Orthopedic PA with the Sports Medicine Clinic of North Texas. Mr. Franks currently serves as the
Council liaison to the Parks and Recreation Commission on which he held position prior to being elected to
City Council. He is a former member of the Sachse Baseball Association and a former member of the
Campus Improvement Team at Hudson Middle School. As a proud Army veteran, Mr. Franks also
volunteers his time every year to organize the Annual Memorial Day Event. He and his family have lived in
Sachse since 2000.
Councilman Franks is interested in representing the suburban cities because of the increasing concerns by
residents regarding appraisals. The consistent escalation of property values in Dallas County, the lack of
transparency of the appraisal process, and the role of the Board and its staff need to be addressed. He
believes there is an opportunity for DCAD to provide this 'information and give better explanation to
c itizens about how the appeal process works.These changes would improve how DCAD serves the citizens
in the District.
130
1111412023 Item 9.
41
-%iA
AI/Y
AP
p 112
J
BIOGRAPHICAL SKETCH
'T'X�f'rom May 210,09-May 2015.In that same
The Honorable Carrie Forney Gordon,,PhD served as,Ma,,,Vor of Ba[c,�,h Spring,s,
. of�serv' e as an Urban, Pkanner,Justa year later('2016),she
Year,she also refired fromthe City of Dallas after 31 Year's tc,
gravitated back tothe local governtiient,�realm wei a Zoning Consultant,,Cit,y Administ'rator i(Wflml er,TX), and member of
the Balch Springs Industrial and Economic Development Corporation Boardof Dif-ect:ors,(Type,A),.,In May,2020,Dit,Gordon
was appointedbv t1i,,,e Batch Springs City Council to serve a 1-year May"oraltermn.Unbekno,wnst to her,the term would be
extesided 2--�Vears as an unopposed Mayoral candidate..,The voter s then extend,ed the term, through 20,2,'5,,,,,Mayor Gordon
stands a's the longest,serving elected official,inits 70-year history'.
Dui,,*inng Dr.Gordon*s MMayoral tenure,she has and continues to se�rwe as a'efiange agent'l.Ker leg�acy has left,and continues
to leave indelible marks in the city's history and region. Here are just a few ""seed,,eplannted and harvested duiring her
t
admilbistratilon.,
Unprecedented feat-During tht 83rd Texas Legislature,5pearheaded�eff&rts to success�lly consol'i'date the Dallas
COUnty water Control& Improvement District No.6 wit"'th the City, of Ba,',[ch Springs,,, Her efforts;led,to the Successful
d"issolution of one ofthe largest Municipal Utility Diistrict,!,;J"n Texas(Senate Bill 1-635).to consolidate the defiveryof
city services and strengthen,its economnjc�,positioning,fin Southeast Dallas County.J[Water VOlitiesl
0� Worked with, Dallas Area, Rapid Transit (DA,RT,,),, Stax Tranisito Dallass County,and the Norfli Central Texas Council of
Governments to successfU11Y launch a "non-DART"' public transit partnering program, a ft-amiework that Spans
southeast and sotithwest Dallas Coutity as partnerships continue to be brokered to meet transi't needs.
(Transportation]
�PO
Secured,aniinvitation from,,the Gov,ernor"s Office for,the Balch Sphings Econamic Development Cor rationtobecorne
actively Involved wit'h the,TexasOne"m Program,one,!of'Texas" majors,,ources of etconomic development mrarketing.
[Econiomk Development)
Worked arduouslywith Fmr, Congrfess,woman Eddie BerniceJohmson for,the successful retiention of the local post"
office as marvV werebeing,closed th roughout the region.,[,Portnering)
Successfully established and launched social servicesprograms and prqject�,through, partnershbips with Mesqtfte
I I
Social Serv,ices and thhe North'Texa,-c�,,Foo,d,,Ban'k,,,to,address f6od d1l'sparity, in Southeast D'Vilas County,, I'Mi"'t"rit lion)
Credited with the successful completion of the Peach Tree Seniors muffi-rni'll,"lon housing development(recognize�d as
a model tax,credit pro"Ject by the St ate of Texas),-,f3enior HousIR9,11
art Dallas ISD ele(�,m,,eiit,,aiN'�5,chool'in the
Nurtured relationshilps to,faca,"te the first-ever multi-ml
city'ji,njits of Batch Spriings. [Ed u-cationj
Played an,j,,I�istrumentalrole to locatea federally quatified conimurtity healthc"'eln'ter(Foremost Family Health Centers)
in the city to address healthcare disparities in Southeast, Dal las Count�y,,,,jHeotthCdre]
,Ma,yor Gordon possesses a Bachelor of Arts degree in Political Sc,lence College);Master,ofArts degree in,Politt"Cla
Economy(University of Texas atDallas);and a Doctor of P'hilosophy degree in Administration and Management(Columbia,
Pacific University). She is a professional singer/sOngwriter and manages her son Larryr Gordon 11 ge'r/ n, t.r -
$in ,510, gwri e
Curb[Word Enteftairunent).Her spouse isthe late Grammy-Award nominee Dr� Larry,"T-Byrd""Gordibn(5011them Meets,
SOW: An, American 6ospel Jubilee). Pres-ently, Mayor Gordon serves on'the Foremost Fami('IV� Health Cent''ers Board of
,e,dors(vice Chair),'Texas MMunicipal, League Region 13(Vice President),
Directo'rs(Board Chair'),,Star Transit Board of Dir dation(Past,President).
Best,Southwestl>artnenship Executive Committee(I"I'Vice President),''and Metroplex Mayors As-so
131
1111412023 Item 9.
Michael Hurtt came to Dallas from Casper, Wyoming in 1971.
Graduated from Mortuary Science College, and has been in this area
ever since. His funeral service background includes managing large
volume, corporately owned funeral firms, worked and lectured for Pierce
Chem ica I/Mortician Supply Company; which built and supplied funeral
homes and owned three mortuary science colleges across the United
States. He and his wife, have owned the funeral home in DeSoto since
1988. Marilyn passed away in August of 2020. He has served on the
Texas Funeral Directors Association, president of the North Texas
Funeral Directors and Dallas County Funeral Directors Association. Civic
involvement has included board positions for the Dallas Zoo, North
Texas Commission, Select Specialty and the Medical Center of Lancaster
Hospitals, and Canterbury Episcopal School,, past president of the
DeSoto Chamber,, DeSoto Rotary and the Best Southwest Chambers,,
councilman, mayor pro tern and mayor of DeSoto from 2001 to 2007
when DeSoto achieved the ALL America City designation. He was
president and vice president of the DeSoto Economic Development
Corporation. He served on the advisory board for Methodist Chariton
Hospital, and represents the 31 suburban cities for the Dallas Central
Appraisal District since 2008. Michael married Margarita Morales in
2022.
132
1111412023 Item 9.
Mark Jones Is a seasoned professional with a diverse skill set that makes him an invaluable asset to any
Corporate or,Community Board.Wal'i a deep well of knowledgein Housing and a profound
understand"ing of the challenges faced by small businesses, his entrepreneurial background einricties h"I's
i Went,1,,iaving served as the
s evi
unique perspective. Mark's exterisive involvement#n the communfty
Boa rd Chair of the Frost", Famis Neighborhood Ass-ociation from 2019�to 2022.Currently, he holds the
prestigious position of Chair on the Board of Directors, for Bonton Farms and United MegaC�are. His
influence extends to the Desoto Economic Development Corporation and the Metroplex Economic
Development Corporation(MEDC)Board., Notably, he chaired the Desoto ISD CITIZEN BOND Committee
in 2005.
Driven by a passion for community,development, Mark is an enthuslastc volunteer and a steadfast
member of various community organizations and causes. His unwavering commitment to enhancing our
commun'llty's quality of 11fe, is manifest in his ongoing advocacy effoas and dedicated contn"bLitiOlIS tO
relevant initiatives. Drawing from his extensive experiences, Mark possesses a profound understanding
of ttie litnportance of effective community organization andstrategic planning.
f#
Capitalizing on his broad network and wealth of knowledge, Mark fervently champtons po c s and
# I c y
Witiatives that elevate the entire communilty. His history of active`nvolvement and fervent advoac
4,
underscores his resolute dedication to advancing the welfare of the region.Transparency and
accountability are,foundational principles for Mark,and his instrumental role in championing ini'datives
to bolster public engager nient"in decision-making processes is noteworthy.
In addition to his commun'tty engagement, Mark Jones is the visionary Founder and Presi dent of Urban
Promotions,a dynamic full-servi'ce marketing",and promotions firm. Established in 1,992, Urban
Promotions specializes In entertainment proniotions and general marketing,forgilng strong partnerships
Ith corporations,entertainers. and mitiority-owned businesses. Mark's entrepreneurial endeavors
wl
extend to Hormone Life Balance Ll.C., Well Aware Supplement and'Tie,�a Companyo and Urway Horne
L.L.C.,,showcasing his dedication to the well-being of,the community.
Mark's commitment to the vitality of our community i's mirrored in his family life.Celebrating three
decades of marriage, he shares a prOfOUnd bond with his wilfe,,1111 Waggoner-jones.Together,they
lovingly parente(,l two daughters,AllianJones Mitchell,and Uriahlones. R+ted in Desoto,Texas,,the
Jones f�mily epit"Mizestheir devotion�to the community tliey call home.
133
1111412023 Item 9.
TERRY LYNNE
13215 George Street
'Dallas, Texas 75234
(214)244,-1615
Uynne@&.rr-com
Summary-- Sales', management professional and business owner with extensirve experience in
advertising, marketing and prorn/otioll"IST radio advet Ifising,sales and managernentand
ind, ustrial sales and marketing experience-
Experience.-
2023-Presen't Mayor.Cttyof Fart'ners Branch
# Chief elec d officialfor the city.
* ResponsibIle for 1),residing over all City("Ouncil nleeti,tigs and aftending�city bo-ard ancl
con,�i mission, n*efings
# Brand Ambassa,dor forthe cib/
2016�2022 City Coune"Unnatri, City of Fortners Branch
Elected City Council Representative for District 4 in Famiers Braticb,
Senied on nunterous boards�to represent Farmers Branch residents in Dallas County
2000-Present Presikletit and Owner,Titne-Out Media and Tlinie-Olut Events
# Oversee s,�:iles anddaily operat'jons offtill-,se..rAce,caiclvertisingzand marketing ageno/�
# Create and manageadvertsing strategy and markefing,campaignsforcliefrits
1# Manage large-scale corp�orate,event production and execution for,clients
2,009-20,11 The Barber Shop Market'inig& TBS Dallas,Temas
Indeple1ndent Contractor, respons"111ble,for new bLlSiness development.account
management servicing ofelie-Ints for both, media progranals and promotional a0vabon.
Created and managed client promotions and event,activatrioti,for Gexa Energy,Tex4as
Lottery, Power Serace Diesel Addibn,ves, Vestry Elavctnic Scooters, UT Southwestem
Medical Center and oth em.
Sold evetit marketing and promtotional' act.ivatfionn senA"cesinto regi,,,ot�ial and nab onall
advertising,agenc I jes.
2008-2,009 Event Buy Powert Irving, Texas
National Sales Ma,nager-responsiblefor de��ief,oping,clients,forstart-up Electronic Data
Capture,company.
So[d sen/ices-Pnto, major clientz such a's,Chrysler,Yarnalha, Motor Corpmr-ation,Kra
Motors Anierica,and Lexus,.
Recruited for position by, company president Dave Siebert, former rad,*GM.
2006-2008. Service Broadcas'Ong, Dallas,Texas
# Regional�3'ales Manger,, Southeast United States.,11, responsible for station sales atid
marketing efforts frorn Washington, R.C.,to,F`Iorida for KK DA AM& FM, KRNB FW
Served astrm,,jble-shooter clafling,directly on,agencies thatwere not buyingour ueban
forni,,,,oat stab''Orls.,
ations.
Respotisible for developing over$6000000 in new bLlSiness in firalt year with sL
1999-2006 KL.UV Radio, Infinity RadioNiaclorn, Daflas,'Texas
Locai Sales kWanagerfrom 1999 to 200 1 responsible for hiring and training local,sales
staff
134
1111412023 Item 9.
P,egional Sa/es Nfanagei-from 2001 to 2003,responsible for managing staff'of 14
salespeople who Nave cli"ents(ag,,encies&direct),outside,of the local market,,
Respo�nsible for im,king market trips to keyaccount ct"tiesin Textal S for,each oftlie tocal
,091
salespeople.
AccountExecative, from 2003 to 2,006respoinsible for d etoping atid growing 110c.
account base�-
Genertated over,$5,90,000 in dirett niew bustness In 20(6,�
1997-1999 KSCS Radio,ABC Radio/Disney, Dallas,Texas,
Pegiwa/,Sales Mawager responst ble,fo r i ricreasi ng bit lings,'from i�n ajor agencipas ca n,,,,d
developing client contact's in Hfouston',, AUsbri and San Antonio-
Increased billing 252% over prior year through strategic planning and developing
relationships with key client and agency decision makers-
Createdsales research materials zand assisted sates staff in developing w6tten sales
packages-
1997 KDGE Radio, Chancellor Media Corporation., Dalkas, Texas
# Local Scales W,nc@ger responsible for recru ifingand hiri q
11, , sales staff and developing
business for station.
first
* Achieved local sales,budget goals fbr,statJoin,Septeniber and October,, time;wier for
station (Assumed Position JUne 1)
0 Station changed ownership three times in a six month period
* Responsible for bUdgeting and departnient profl�tabifity
1992-1997 KZPS Radio, Bonneville International Corporationi, Dallas,Texas
0 13enior account executive responsible for increasing billings and madintaining
relationships with local agencies and direct clients.
0 Developed business plans to secure annual agreements from key accounts.
# Ton sallesmati, 'n,the developrnont o,f ii?ew, a,
I ,,loca-I advertiser billings, 1995 nd 1,996.,,
Increased local account list billing average of 18%eac in spite of station
ratings decrease (from$580,000 to$1,100,000).
# Developed value add'ed inerclicandistog ptDgrams for clients as part of sales.,
0 Directed on-prernise promotional opportunities for clients-
# Selected by corporate heacliqUiXter's to evzaluate softw,are and feasibility of i niplenienting
use of laptop computers for sales-
# In addition to sales responsibilities, trained sates staff on use of laptop computers and
company soft�ware-
1991-1992 KDGE Radio,Allison Broadcast Group, Dallas,Texas
Account execuUve.
0 Developed senior list of stafion accotints, working with,local direct accounts,and
advertising agencies-
# Maintained hi hest morith,,tysa,"Ies and new,business,q otafor staafion,,�thfoUgh creation of
innovative promotional opportunities,for advertisers-
sedaccount fist local billing of'
# Devel"Oped ore w business and,increa t I to represeni 3,00/
stations monthly budget-
0 Responsiblefor the coordination of mrertli,,andis4iq and on-prernise promotionsfor rnajor
beer and nightclub clients.
# Created in-store protrotional oppoilunities with record tabels for Blockbuster Music to
secure incremental budgets and make client largest non-bleer adverfiser on station.
Represented approximately 59%increase in,revenuetostation-
1989-1992 KEGL Radio, Sandusky Radio Group, Dallas,Texas
# Account executive responsiblefor new 4usiness development.
# Built local advertiser account list working with direct clients and advertising agencies
135
1111412023 Item 9.
through station marketing and promobonal opportunities-
lhc,reamed b"ffing,25. te .,
1 1 of stations larg2s,�,.gl,"ent, Budweiser, thro u gh lnnovatf�/eon-
prernise merc,,h,-4tidisit,�ige,,,,,,fforts duriiiq "1991 despite local budget Cutbacks by
Anheuser Busch.
1989 KOAI Radio. Gannett Bron-adcasting, Dallas,Texas
Entry-le'vel,c-,,,?ccoti,,r�7t executive responsible sole!"y"f6r cold calling and new bu,,,,s,itiesss
development
1980-1989 Spectape of Texas, Concote Corporatio4n, Dallas, Texas
Nfa,�t-ke.fing Director,
0 Created direct marketing and advertising prograrns for specialty converter of foam and
Whesive tape products- (Ten m-Nion annual sales)
0 Designed sales literature to present new corporate ilm-age(1988).
# SuperMsed the developmerif of new prOdUCtS per'client needs and speclfic�atioins.
0 Coordinated mar"kebrig and s,-.,iles support fdr national distributor nebNork,
# De�iefoped artd supervisedthe implementatbon ofaati, inventM co'n'trol systemfor
mamt Zlctured goods company-
# V,,1orked with key-dp.�f,,eti,,s,,e,,conti-act�or acc.,,ounts,tjo devel�op new appliccations andptoducts.
Education,
University of Oklahonia
B.B-A-1, Business Management, 1980
Recognition.-
1994 AWRT Award of Excellence, Dallas Radio Locaf Salesperson
1993 Bonnevi-He Meritoribus Sales,Award
Training Courses-.
Jerry Tablio, Crea6ve Resources Training
# Radio Advertising BureaU,, Certified Radio Marketing Consultant
0 Keith Vendor Concepts (vendoc training program)
Rick,Alan&As:sociates. Rea"t-World Selling Se�,,111,irlar
Memory Training Institute
Other Experience-
Chairman, Building&Standa-rd's Conrirnission,, Cit�y of Farniers Branch
# Member, Farmers Branch P[anning &Zoning Board
# President,,Valley View Park,Est-.Aes HOA 2004-2,007
0 Licensed Private Pibt
GradUate, FBI CAViens Academy Numni AssocI41-tion
Graduate, Dallas County Citizens Prosacutors Academy
# Graduate,Texas Departnient, of Public Safety Citizens Academy-
0 Gradt.13te, Farmers Branch Citizens Police and FireAcadernies
United States Secret Service Citizens Academy (CUrrent)
136
1111412023 Item 9.
Stephen Nichols
219 S.Austin St
Hutchins.,TX 75141
Life long resident of Dallas County
Graduate of Bryan Adams High School class of 1980
Licensed Master Plumber
Hutchins City council member from 2104 to present
Mayor Pro Tem 2022 to present
Vice President of the Hutchins Economic Development Committee
President of the Hutchins Tax Increment Finance Committee
Deacon First Baptist Church Hutchins,.TX.
137
1111412023 Item WS1.
Wylie City Council
07'''Y
WYLIE A EN A REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Discuss the potential development of 24 acres, generally located on the west side of Country Club Road approximately 1200'
north of Brown Street.
rI 1111110111110r.-M Loll
iscusision.
Property owners and developers are seeking input from the City Council for a potential development on approximately 24
acres on the west side of Country Club Road just north of Fire Station#2.
A recent proposal included a mix of single-family detached homes, townhomes, and commercial frontage.
That proposal has been reworked and the applicant is asking for feedback on whether the commercial is needed. The property
owner is also seeking direction on a preference between full size lots that include single-family and townhomes, or slightly
smaller lots (than the required 10,000 sq. ft. minimum) dedicated to only single-family homes.
The reason for this request of direction is that some density is needed in order to pay for increased development costs.
The property is located within the Local Commercial and Low-Density Residential sectors of the Future Land Use Plan. South
of the property is Fire Station #2 and the Collin Community College, to the north is the Presidential Estates single-family
subdivision. The property to the east is Agricultural and the property to the west contains the Wylie Bus Barn and retail with
self-storage uses.
138
LOT 2
BLOCK A CD
LOT 1 LOT 2 LOT 3 LOT 4
SSMH
RIM ELEV = 529.80
SSMH LOT 1 FL (IN) 8-INCH PVC (EAST) 520.10
RIM ELEV = 529.89 L (OUT) 8-INCH PVC (WEST) 520.07
FL (IN) 8-INCH PVC (EAST) 519.77
FL (IN) 8-INCH PVC (NORTH) 519.58
FL (OUT) 8-INCH PVC (WEST) 519.5
KA H
S S V-,H S MH
15' ALLEY��LXISTI?7
LOT 1 z
Lu Z
BLOCK C 0 0
M LHL
N cc
I
Q)
10,750sf.
LOT 1 LOT 2 LOT 3 LOT 4
Ui uj
12,589sf. 10,1 28sf. 110,11 66sf. 10,206sf.
LOT 2
10,241 sf.