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03-27-2012 (City Council) Agenda Packet ,c4i OFf wyt G1 4 `-..:;0 Wylie City Council i4 , -* ,.COLOR.° NOTICE OF MEETING „I to,*IL..,Lw„Z. 1887. .STATE'ai TE04 Regular Meeting Agenda March 27, 2012 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Invocation by Randy Hill, Summit Church • Pledge by Brownie Troop 1206 from Wylie/Murphy PRESENTATIONS • 46 6 weeks Star Students: Trustworthiness (Mayor Hogue) • Tornado Awareness Month (R. Corbin, Fire Chief) • CWD Annual Presentation (J. Butters, Assistant City Manager/CWD) • Presentation by North Texas Municpal Water District (M. Manson, City Manager) March 27,2012 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the March 13, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure reports as of February 29, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment reports as of February 29, 2012. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 29, 2012. (S. Satterwhite, Executive Director WEDC) E. Consider, and act upon, Resolution No. 2012-11(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and the Wylie Economic Development Corporation for the provisions of certain services. (J. Butters, Assistant City Manager) F. Consider, and act upon, authorizing the City Manager to execute all loan documents necessary to borrow $438,621 from the American National Bank of Texas for the purchase of athletic lighting for the baseball fields at Community Park from Musco Sports Lighting, L.L.C. (L. Bantz, Finance Director) G. Consider, and act upon, an Interlocal Agreement with the City of Murphy for McCreary Road Paving and Drainage Improvements. (M. Manson, City Manager) REGULAR AGENDA General Business Tabled from 02/28/2012 Regular Meeting Motion to remove from table and:• 1. Consider, and act upon, Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. (WASA Allocation) (M. Manson, City Manager) Executive Summary The Wylie Advocates for Senior Activities(WASA)has an anonymous donor that will match donations up to $20,000 for remodeling of the former Smith Public Library. Funds have been identified that can be used to offset this expenditure, and as a result, there will be no impact to the overall General Fund FY 2012 Budget. March 27,2012 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Consider, and act upon, amending the solid waste contract, altering the method utilized to collect residential bulk waste. (J. Butters, Assistant City Manager) Executive Summary The current method for collecting bulk waste consists of residents calling CWD and requesting that bulk be picked up at their residence. CWD collects residential bulk once per week and only collects at residences that have called and requested it. Council requested staff investigate a different method of bulk pickup in which the solid waste contractor drive every street once per month and pick up bulk that has been properly placed between the sidewalk and curb, in front of the residence. The cost for changing to this service delivery method is 42 cents per household per month. READING OF ORDINANCES WORK SESSION • Discuss regarding the 2012 Comprehensive Land Use Plan. (R. 011ie, Planning Director) • Discussion regarding proposed floor plan for the new Senior Citizens Building. (J. Butters, Assistant City Manager) EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting Meeting with City Attorney regarding a matter (s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflict with the Open Meetings Act and for which the City seeks advice regarding the following pending litigation: Cause No. 366-01521-2011; Wylie Economic Development Corporation vs. Sanden International (U.S.A), Inc. RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the 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. March 27,2012 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I certifi,that this Notice of Meeting was posted on this 23rd day of March, 2012 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIL AGENDA REPORT q Meeting Date: March 27, 2012 Item Number: Presentation Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: March 2, 2012 Budgeted Amount: Exhibits: Subject Presentation of Proclamation declaring April 2012 as Tornado Awareness Month in the City of Wylie. Recommendation Motion to declare April 2012 as Tornado Awareness Month in the City of Wylie. Discussion Wylie Fire-Rescue and the City of Wylie believe awareness and preparation can help save lives. With the spring season upon us, severe weather with spring storms can occur with little warning. Thunderstorms can produce heavy rain, strong winds, lightning, hail and tornadoes. Tornadoes are the most destructive and devastating product of a thunderstorm. Tornadoes are often accompanied by lightning, heavy rain and hail. A tornado watch is issued when conditions are favorable for tornadoes to develop. Tornado warnings are issued when radar indicates a tornado or a trained spotter reports a tornado. The city does all it can to forewarn citizens regarding weather emergencies through its SkyWarn volunteers, Nixle program, and outdoor warning sirens, although the primary responsibility for awareness belongs to each individual resident, utilizing radio, television, and weather radios. WFR intends to conduct a short campaign through email, newsletters, websites and newspaper articles to further educate and remind citizens of the need for planning and responding to tornadoes. Approved By Initial Date Department Director RC 3/2/2012 City Manager Page 1 of 1 i et 40 o C i ty oWylie , , , , , ,. , i,,, , i , , Water , , , ,, , , „ , , „ i, . „,,, 1 , i, Upd ii, il ,,,,,, ,, , , ,,,,, , , ate „,r,„ , ,, i , ,,, 11,0 r � il I'l 1 i i 0. , fVI i \,‘ Mike Rickman ,,, , 4,,. ,,,,,,, ,,,,,,,,„,, ,,0 'it March 27, 2012 2 01 0 lit 1 NTMWD Reservoir Elevations I March 26, 2012 o Conservation USACE/SRA NTMWD's Reservoir & Pool Current Storage Storage % of Supply Elevation Elevation Down Capacity Capacity i! Lavon i '' 492.0' 493.15' +1.15' 100% 100% 30% I ,,, ' I , Chapman i 0 440.0' 438.39' 1.61 89% 86% 15 Tawakoni 437.5' 437.06' 0.44' 98% 61% 0 8 i'l s � Texoma 617.0' 619.40' +2.40' 100% 100% id,";;;:l'i:(1, 28 } * Texoma is not available due to Zebra mussel infestation A ..,D vi A 8 Aop ,.. Ui A 1.-,,1 A .4 Lake Elevations — c 0 N — , 0 — 0) :co -1- trt Ln co X 1 a rds 44,.. -1 , E so t -4 c0 .‹ 2 N — 404, _Fi, ,n-- a — ,..-7, 1-, a joijk _•-z- 51.) 40/n/se -17 ..-clote,7760 _ Pr 0 I'D il) 4131'N.6e, 6ece0/60,.. — 0 = M ...... il) Pe4.6.4.1... 4—p z 44,ch 0 0 cr loefit — .11. g 44 - .-0 0 5 /toe _ el' itilk _ 411e4St — StOtokse,„ _ Oct Noire..„46e,„ _ r. 73 becN6et — c = ,...1 496°041, c" 0 ; ....,;..N.: U.S. Seasonal Drought Outlook it israt ft, Drought Tendency During the Valid Period Valid for March 15 - June 30, 2012 Released March .15„ 2012 o- ---- ---- " !, ..--‘,„„ _ .•. ., ,. . . vicir, „ • '-...P"2.!„::, ->,,, ,,,,-.' 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' ikely ut ob,na,necessarty imply drougrit elimination. ft.. ,,i. Conditions ImpactingSupply , , . . • Climatological Conditions • Types of Drought lk ° o Meteorological — less than averageprecipitation g p o Agricultural — affects crop production LF 1 a Hydrological — reservoirs fall below statistical Itik $ _ average � t g „ [ , • Loss of Lake Texoma 1 VC • 28% of total supi , ply y • Zebra mussel infestation S � ,a. { Zebra Mussel / Lake Texoma � � � 1 Update rik , ..... , t4loOltf. What are they? ... .....„ , , ,.. k.,.....„..„,,,.....„:„.„:„... ' ,,, r s4 , P ,.„. .,,,,,...„,,, Invasive „,„,„„,g,,,,,,„,,,A,„,„,,: ,. ,, ,...,„,,,z, ,. .,. �� . . � rf .+ � ; j}» : �species , „ „.„-, , i• , .,„ , . „ , native to f ; i Awe -„„:„„,,,, : •,,,,„.-- . •:•,1„.„,„„,„„.., :,..3,• ,,....„,,,,,,,,,,,,,„, „,,,,, ,. ... .. ..„,., .„, •, ,• . , . „ „. , , . g g „,.. „... . �op # Ar Y;y X , ,.65,_ ...„,".." .,,...,..„tl N . R i,, t .,. .. 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Chronology ■ Apr. 3, 2009 - Zebras found in Texoma by TPWD • July 17, 2009 - NTMWD stopped pumping @ Texoma ■ Aug . 3, 2009 - TPWD found zebras in Sister Grove Creek { ■ Aug . 4, 2009 - TPWD notified NTMWD 14 ■ Feb. 15, 2011 - USACE instructed NTMWD not to pump • Aug . 9, 2011 - Request to USACE to begin "Seasonal " LF 1f Pumping" ith :1 _tO,h, ■ Oct. 4, 2011 - Briefed NTMWD's U .S. Congressional ri delegation li f \, {o ■ Dec. 22, 2011 - Received USACE's "Seasonal Pumping" , mi , permit amendment with an unacceptable liability clause ?I' ,/,,,, ,,,,, ' • Feb./Mar. 2012 - Met with Congressional delegation to initiate legislative relief to recover the Texoma supply f f , ... I. Texoma Path Forward ■ Continue meetings & hearings in Washington 0 , 1 • Lacey Act Exemption • Relief from Executive Order 01 • Continue efforts to correct State line issue 0 , r ■ Continue meetings & negotiations with USACE , i 1 • LaceyAct F? If k $ _ilh, • Executive Order ii r � � r�� • Continue meetings & negotiations with ,o,), j • USFWS • U . S. Attorney's Office Ijrs/;£ • Continue design & construction ofpipeline ,/, - extension NTMWD Raw Water Supply Sources ' ,:'›T:.'4.<' 'Y ',' , '''', • Lower Bois d'Arc Lake by 2020 Lamar Red River o, Cooke l i Grayson Texoma Fannin fr Pipeline / Extension / Future Treated / North Water Water Pipeline X Treatment Plant / Delta • ... •••• •••• •,•••• 't i t Frisco Plano Allen McKi ney 84 „do" Ti'us Franklin Deriiton Collin 1 H 1opkins verev'TP , Wylie Water -:„. ' `'.• , Rains- Treatment Plants Rock Nati - .,,- ,•'-i ,,-, LAkp 1,ce.a.k>',n , 54- Dallas _ Wood Up, ur '''. Tawakoni Water A,, Treatment Plant Van Zandt -,' NTMWD Wlle amis Srnitla Kaufman } , 2i2 1 i / ! } ! , ! ) ' \ \ } \ } ! . ,) // \r i r } { ) I, ' 1. ' < \ \ i iPath Forward (�\ \ � , \ «2\ ` \§/Iv'.�� /^ \ ?2 � � »/ 1 /\» if� \ { \I / ' '' ' ' t id ° ®\ 0 :�/> * , < 'a" \/ ( f I ....„, ,,i„ Lake Modeling , , • Last weeks modeling is obsolete ! • FNI is running several new models based on changed conditions 1 • Improved lake conditions t qiii • Forecast climate conditions £d� � I it1 , 1 t • Temporary loss of Texoma supply F ; � p ry t, • Expedited construction of Main Stem PS 4 Li rt • Short-term purchase of additional supply • Different water reduction goals F S,t£ Fj r S; J' ill: .0 Strategies Approved by NTMWD Board to Address Shortages , , • Implement Drought Contingency Plan • Stage 3 November 1, 2011 • Enhanced Stage 3 January 26, 2012 Special Called Board Meeting March 29th • Authorized short-term water purchases p €- ,Or ' r} • Approved engineering for Lake Texoma pipeline,101 • Accelerate pipeline from main stem of Trinity J tet • Pursue seasonal pumping from Lake Texoma fri( IS i • o , I t i ' • i i, ..14 ,1 ),,411!„„,5 ,, , , Questions w..,,,,,, ,1„ , iw: 1,,,,,.„1,,,Illif.„,,,, , !i. , ,,.., ,I.i.,,,,-t,„ - . ' 11; ,,,,,1, ,I,:r.:,1 . . 1 ,.„I.,,, H ,, 111 .:. - ‘ ,Iii,l, 11:1., ; . „,,,,,., , , ! 5 J f "3 ro 4 4 _74/11 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, March 13, 2012 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Don Moore, representing Waterbrook Bible Church, gave the invocation, and Shift Commander Brent Parker led the Pledge of Allegiance. PRESENTATIONS • Motorcycle Awareness Presentation to the Black Sheep Wylie Motorcycle Chapter. Mayor Hogue presented a Proclamation declaring May 2012 as Motorcycle Awareness Month in the City of Wylie. Sandy Daniels, representing the Black Sheep Motorcycle Chapter, and members of the organization were on hand to accept the Proclamation. Ms. Daniels reported that the 2012 Wylie Proclamation was in honor of Mike "Squintz" Dennis who had lost his life in 2011 due to a motorcycle/vehicle accident. • Presentation to the City of Wylie of County Proceeds for Construction of West Brown Street from FM 1378 to Ballard Avenue in the amount of $4,453,750. (Collin County Commissioner Cheryl Williams) Minutes March 13, 2012 Wylie City Council Page 1 Collin County Commissioner Cheryl Williams presented a check in the amount of $4,453,750 to help fund the new construction of West Brown Street from FM 1378 to Ballard Avenue. Mayor Hogue reported that this contribution by Collin County was half of the funding needed and could not have been done without the counties assistance. Hogue thanked Commissioner Williams for her unending support of the City in working with the commissioners. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Sandy Daniels, residing at 1902 Prairie Creek Trail, Wylie, and representing the Black Sheep Motorcycle Chapter and all motorcyclists requested the City consider placing signs on main City streets warning motorists to "Share the Roads" and pay attention to motorcyclists' sharing the roads. Rebecca Tyson, residing at 310 Donna Drive, Wylie, addressed council requesting a change in zoning to allow for none commercial chickens to be raised on land zoned Agriculture (AG)within the City limits. Mayor Hogue referred her to City Manager Mindy Manson. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the February 28, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2012-09, amending the zoning from Agricultural District (AG/30) to Single-Family (SF-10/24) District on 1.34 acres, generally south of Brown Street and west of Carriage House Way. ZC 2012-03 (R. 011ie, Planning Director) C. Consider, and act upon, authorizing a contract modification to extend the current bank depository contract with American National Bank from an ending date of March 31, 2012 to May 31, 2012. (Bid #2006-1000) (L. Bantz, Finance Director) D. Consider, and act upon, Vendor Application- 1st Lt. Robert Welch Run for our Heroes Race to benefit the 1LT R.F. Welch III Memorial Scholarship via vendor booths at Olde City Park on April 14, 2012 from 9:00 a.m. to 3:00 p.m. (R. Diaz, Parks &Recreation Superintendant) E. Consider, and act upon, Relay for Life Vendor Application-to raise funds via vendor & craft sale for the American Cancer Society in Olde City Park April 21, 2012 from 8:00 a.m. - 3:00 p.m. (R. Diaz, Parks &Recreation Superintendant) F. Consider, and act upon, Elana Walsh Vendor Application to raise funds for a Prom Alternative for high school seniors and for senior gifts via Chili Cook-off and Cake Minutes March 13, 2012 Wylie City Council Page 2 Auction at the Bart Peddicord Community Center on March 30, 2012 from 5:30 p.m. to 10:30 p.m. (R. Diaz, Parks &Recreation Superintendant) G. Consider, and act upon, Resolution No. 2012-09(R) authorizing the appointment of Arthur Maldonado as Municipal Court Judge for the City of Wylie effective April 1, 2012, setting terms and stipend of service. (L. Bantz, Finance Director) H. Consider, and act upon, Resolution No. 2012-10(R) waiving Public Arts funding for the new construction of a Public Works Facility and the renovation of the existing Public Works Facility as capital improvement project(s) from the public arts funding requirements of Ordinance No. 2006-37 (Public Arts Funding Program) (J. Butters, Assistant City Manager) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2012-10 setting a date for a Public Hearing on April 24, 2012 to discuss and review updates to the Land Use Assumptions and Capital Improvements Plan. (C. Holsted, City Engineer) Staff Comments City Engineer Chris Hoisted addressed council stating that Chapter 395 of the Texas Local Government Code outlines the process for the adoption and update of water and waste water impact fees. The Impact Fee Advisory Committee met on February 21st and March 6ch to discuss the Comprehensive Land Use Plan, Land Use Assumptions, 10-year Capital Improvements Plan, and draft Impact Fees. Approval of this ordinance sets the date for the public hearing for April 24, 2012 to discuss the Land Use Assumptions and Capital Improvements Plan. Council Action A motion was made by Councilman White, seconded by Mayor pro tem Byboth to approve Ordinance No. 2012-10 setting the date of April 24, 2012 as the date for a Public Hearing to discuss and review updates to the Land Use Assumptions and Capital Improvements Plan. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2012-09 and 2012-10 into the official record. Minutes March 13, 2012 Wylie City Council Page 3 WORK SESSION • Discussion regarding a timer for citizen comments, public hearings and agenda item comments. (M. Manson, City Manager) City Manager Manson addressed council stating that she had received several comments from council members wishing to have a means to time citizens wishing to speak during citizen's comments and agenda items. She reported that the time allowed per rules of procedure was three minutes for speakers and six minutes for group representatives. Manson demonstrated a timer that could be set by an iPad for persons wishing to speak. The timer would count down and would be visible from the podium as well as the large overhead screen. Manson noted that this application was free; there were other applications but they were tied to the audio system or required the purchase of a timing clock/screen which would be additional funding. Direction from council was to further investigate the possibility of having a timer that would have smaller font and be visible to the speaker either from the podium or overhead. RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. Mayor Hogue reconvened into Regular Session at 6:43 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Councilman White to adjourn the meeting at 6:45 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes March 13, 2012 Wylie City Council Page 4 iLt/1 Wylie City Council CITY OF WYLIE A G E N D A REPORT q Meeting Date: March 27, 2012 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 14, 2012 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 29, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 29, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB March 14, 2012 City Manager Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT February 29,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 41.67% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,069,720 1,417,514 14,459,596 84.71% A FRANCHISE FEES 2,241,000 612,544 676,220 30.17% B LICENSES AND PERMITS 411,000 45,827 196,222 47.74% INTERGOVERNMENTAL REV. 600,272 62,156 246,778 41.11% SERVICE FEES 2,716,000 221,655 933,572 34.37% C FINES AND FORFEITURES 307,000 25,428 114,352 37.25% INTEREST INCOME 19,000 1,821 5,320 28.00% D MISCELLANEOUS INCOME 335,500 44,705 117,252 34.95% OTHER FINANCING SOURCES 1,681,997 0 1,681,997 100.00% REVENUES 25,381,489 2,431,650 18,431,309 72.62% USE OF FUND BALANCE 934,010 NA NA NA E TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 NA NA NA TOTAL REVENUES 26,563,723 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 82,681 4,018 32,471 39.27% CITY MANAGER 700,600 55,104 275,032 39.26% CITY SECRETARY 252,154 17,963 94,689 37.55% CITY ATTORNEY 128,000 6,390 28,495 22.26% FINANCE 893,964 66,192 411,044 45.98% FACILITIES 467,209 34,152 136,322 29.18% MUNICIPAL COURT 279,959 16,740 93,324 33.33% HUMAN RESOURCES 201,183 12,976 84,502 42.00% PURCHASING 118,314 17,196 82,875 70.05% F INFORMATION TECHNOLOGY 981,411 102,654 480,224 48.93% POLICE 5,658,953 372,146 2,326,979 41.12% FIRE 5,771,680 435,834 2,444,449 42.35% EMERGENCY COMMUNICATIONS 1,153,663 63,913 432,012 37.45% ANIMAL CONTROL 331,331 23,059 124,723 37.64% PLANNING 485,760 33,793 186,480 38.39% BUILDING INSPECTION 681,298 51,160 278,518 40.88% CODE ENFORCEMENT 253,671 15,351 84,273 33.22% STREETS 1,306,972 85,000 618,454 47.32% PARKS 1,563,859 75,617 549,975 35.17% RECREATION 212,050 0 1,130 0.53% LIBRARY 1,386,731 107,618 592,561 42.73% COMBINED SERVICES 3,652,280 259,382 1,639,917 44.90% TOTAL EXPENDITURES 26,563,723 1,856,258 10,998,449 41.40% REVENUES OVER/(UNDER)EXPENDITURES 0 575,392 7,432,860 31.21% A.Property Tax Collections for FY11-12 as of February 29 are 97.04%,in comparison to FY10-11 for the same time period 96.37%. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2010-11 revenue with the remaining fees coming from WAVE and other seasonal fees. D.Interest Income:In relation to the last 12 months the current interest is in line with projections. E.Use of Fund Balance:to supplement Debt Service and Replacement/New Fleet and Equipment. F.Due to the retirement of Purchasing Agent,and subsequent hire of a new employee,expenses have exceeded the original budget amount. CITY OF WYLIE MONTHLY FINANCIAL REPORT February 29,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 41.67% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 10,341,000 859,374 3,555,981 34.39% INTEREST INCOME 15,000 997 5,163 34.42% MISCELLANEOUS INCOME 35,000 3,235 16,718 47.77% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 10,391,000 863,606 3,577,862 34.43% G UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,050 45,345 146,820 49.76% UTILITIES-WATER 1,116,406 56,776 415,319 37.20% CITY ENGINEER 438,935 54,620 182,347 41.54% UTILITIES-SEWER 660,027 95,969 255,110 38.65% UTILITY BILLING 597,373 48,443 259,258 43.40% COMBINED SERVICES 9,053,765 1,786,494 6,408,467 70.78% TOTAL EXPENDITURES 12,161,556 2,087,647 7,667,321 63.05% REVENUES OVER/(UNDER)EXPENDITURES -1,770,556 -1,224,041 -4,089,459 -28.61% H G.Most Utility Fund Revenue billed in October are applicable to FY 2010-11. H.Use of Fund Balance for Public Works Building renovations approved with Water Rate Study and Community Park Utility Infrastructure. Wylie City Council CITY OF WYLIE AGENDA REPORT ■ Meeting Date: March 27, 2012 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 14, 2012 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for February 29, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for February 29, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB March 14, 2012 City Manager Page 1 of 1 City Of Wylie 2011-2012 Investment Report February 29, 2012 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $39,823,443.38 MMA 0.0903% Texpool 12/31/2006 NA 2_ $15,013,410.14 MMA 0.0986% TexStar 3/15/2011_ NA $54,836,853.52 Total Weighted Average Coupon: 0.09% Money Markets: $54,836,853.52 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $54,836,853.52 Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: March 27, 2012 Item Number: D. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 3-19-12 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 29, 2012. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 29, 2012. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on March 23, 2012. Approved By Initial Date Department Director SS 3-19-12 City Manager Page 1 of 1 3-13-20i2 b2:99 PM CiiY 0� WYLiE PAGE: � BA�AI:CE SyBET_ AS 0'_ ?�3RUARY 29?H, 2012 111-:]YLi°_ ?COIvOM2C DEV=L CO3P ACCOli:1�A T?TL3 A�S=.iS L000-10:10 CLAi?� O� CAS� ApID CASH �QUIv, I,357,003.96 1000-1011� CASii - ;d3DC - INWOO�J 0.00 '_OOD-iG?35 IVWOOJ BAV:C - 35CR0�9 G_00 1000-10idQ D�?OSIiS 2,000.00 ?000-1C198 OT4°R - NISC CLEP.�iP[G 295.26 i000-103-11 Tr;(POOi 0.00 1000-103a3 LOG:C C.00 '_000-1498'_ ihTERES? �ECBT_V?BLE 0.00 ?000-115iZ ACCiS �iC - :4=SC ( 0.02) 1000-1i�17 ACCiS R�C - 3AL�S ':.11X 0.00 ?000-125i0 =E4S? PPY�2:NTS �3C�IVA3i% 6,997,305.60 1000-1[990 i.04i� �cC - :,ACOBY 0.00 1000-12997 ACCTS R�C - JTM TECa 0.00 :000-12398 ACC?'S ftEC - aAVAGE 29D,829.56 10•�0-29F?2 I\�I�NTORY - :L4TERiP.i/ SUP?LY 0.00 '_000-1�SIlo i\�IEN'_'ORY - L.�[v� 3 3GILD=FlGS 2,296,512.�7 i040-t9118 iI3Vc�lTO4Y - 3AYC0/ SA:ID'cN Bi.VD 0.00 ?Q60-14310 ?�_°PAID SXPDNjLS � M1SC 0.00 ?Q00-14410 D�r'3RR£D C!iP�G�S 656,343.40 I1.5�0.28�.i5 TOiAL ASS^cTS 1i,754.28�.15 LIABILI7IE5 2000-20110 :ED'c�?:. INCO�!� TP.X ?AYABL6 0.06 �000-2011i lI2DiCAR� PAYAHLE O.OQ 2000-2C112 Ci1=L❑ SG2PORT PAYABin C.O� 2000-2011: CRP.DiT U[v?6�1 PAYA3Le^. 0.Q6 2000-201_4 =RS iEVY PAYA3L3 C.46 2000-20115 �ATi.ON41IDB DE_z�R�D COMP 0.60 2000-20.16 iiEALY3 It3SUR PAY-�M?LOYEE ( 233.65► 20�0-20117 Y!�!45 P.4YA3L'c 0.00 2000-20119 �O=H _TRP. PAYA3L? O.OD 2000-201i9 S9pR'�C£RS CO.M.P PA°A3LE 0.00 2000-20120 F:CA PAYADLE G.00 20OO-Z0121 ?EC ?A`_'ABL'c O.00 2000-20Z22 STO�SIvT i.OAN L�VY P9YA3�E O.GD 2000-20i23 �L?MON: ?AYr?3L� 0.00 2006-20124 BP.NKRUPtCY PRYP.dLE O.OD 2000-20�25 JP.LiC DaFERQ.'.�J COMP 0.00 2000-2G226 iCMA PAYABL� O.GO 2600-20I27 ?�!P_ LcGAL S�RV.CES PA°AB;.� f ?2.00� 2000-20230 FLE%IBLn' S?3NDIVG ACCOU�IT 2,099.80 2000-20i32 £MP CA3E _°L_TTE 12.00 2000-2G151 ACCRJ°D `r]AG�S PaYAB�� 0.00 2000-20180 .4DDET EMPLOYEE iN5l7R pAY ( 1.561 2000-20199 MISC PAYROLL PP.YP.BLE 0.00 2000-2020i .4P P�TDIhG Z,773.76 2000-202i0 ACCOUNTS PAYABL? 24,342.82 3-13-2012 03:49 PX CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: FEBRUARY 29TH, 2012 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 656,343.40 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 141,907.33 2000-22275 DEFERRED REV - LEASE PRINCI?AL 6,040,119.10 2000-22260 DEFERRED REVENUE - LEASE INT 956,584.90 2000-22915 RENTAL DEPOSITS 2,800.00 TOTAL LIABILITIES 7,327,296.05 EQUITY 3000-34110 FUND BALANCE - RESERVED 498,181.60 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,269,210.27 TOTAL BEGINNING EQUITY 3,157,391.87 TOTAL REVENUE 634,733.20 TOTAL EXPENSES 669,125.97 REVENUE OVER/(UNDER) EXPENSES ( 34,392.77) TOTAL EQUITY & OVER!(UNDER) 3,722,999.10 TOTAL LIABILITIES, EQUITY 5 OVER/SUNDER) 11,550,285.15 3-13-2012 08:49 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: FEBRUARY 29TH, 2012 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIAB=LITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 47,002.56 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 176,495.94 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28235 ANB LOAN 289,748.24 2000-28236 ANS CONSTRUCTION LOAN 4,645,740.78 2000-28240 HUGHES LOAN 133,598.50 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME NUTS LOAN 0.00 2000-26270 BOWLAND/ANDERSCN LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 5,312,586.02 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,436,365.28) TOTAL BEGINNING EQUITY ( 5,436,365.28) TOTAL REVENUE 0.60 TOTAL EXPENSES ( 123,779.26) REVENUE OVER/(UNDER) EXPENSES 123,779.26 TOTAL EQUITY S OVER/(UNDER) ( 5,312,586.02) TOTAL LIABILITIES, EQUITY S OVER/(UNDER) 0.00 3-12-2012 12:05 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 29TH, 2012 11i-wYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 5 OF BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,663,839.00 171,758.98 0.00 402,610.47 0.00 1,261,278.53 24.20 INTEREST INCOME. 281,260.00 10,726.90 0.00 54,041.48 0.00 227,218.52 19.21 MISCELLANEOUS INCOME 90,882.00 6,093.80 0.00 28,138.09 0.00 62,743.91 30.96 OTHER FINANCING SOURCES 209,930.00 30,093.24 0.00 149,943.16 0.00 59,986.84 71.43 TOTAL REVENUES 2,245,961.00 218,672.92 0.00 634,733.20 0.00 1,611,227.80 28.26 EXPENDITURE SUMMARY DEVELOPMENT CORP-W.-MC 2,767,766.00 147,902.85 ' 0.00 669,125.97 1,950.17 2,096,689.66 24.25 TOTAL EXPENDITURES 2,767,766.00 147,902.85 0.00 669,125.97 1,950.17 2,096,689.66 24.25 REVENUE OVER/fUNDER) EXPENDITURES ( S21,805.00) 10,770.07 0.00 ( 34,392.'7)( 1,950.171i 185,462.C6) 6.96 3-12-2012 12:05 PM CITY 0? WYLIE PA.:I: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 29TH, 2012 1E1-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 155,889.00 0.00 0.00 0.00 0.00 155,889.00 0.00 4000-40210 SALES TAX 1,508,000.00 171,758.98 0.00 402,610.47 0.00 1,105,389.53 26.70 TOTAL TAXES 1,663,889.00 171,758.98 0.00 402,610.47 0.00 1,261,278.53 24.20 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 133.14 0.00 574.64 0.00 2,425.36 19.15 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 6.00 0.00 4000-46150 INTEREST EARNINGS 278,260.00 10,588.76 0.00 53,466.84 0.00 224,793.16 19.21 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 281,260.00 10,726.90 0.00 54,041.48 0.00 227,218.52 19.21 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 88,432.00 5,800.00 0.00 27,000.00 0.00 61,452.00 30.51 4000-48310 RECOVERY - PRIOR YEAR EX?EN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400.00 293.80 0.00 1,138.09 0.00 1,261.91 47.42 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 90,352.00 6,093.80 0.00 28,138.09 0.00 62,743.91 30.96 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 209,930.00 30,093.24 0.00 149,943.16 0.00 59,986.84 71.43 TOTAL OTHER FINANCING SOURCES 209,930.00 30,093.24 0.00 149,943.16 0.00 59,986.84 71.43 TOTAL REVENUES 2,245,961.00 218,672.92 0.00 634,733.20 0.00 1,611,227.80 28.26 3-12-2012 12:05 P11 CITY OF WYLIE P?. F.: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 29TH, 2012 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORD-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 172,370.00 13,259.24 0.00 66,296.20 0.00 106,073.80 38.46 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,057.00 0.00 0.00 1,060.00 0.00 ( 3.00) 100.28 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 4,353.90 0.00 6,966.10 38.46 5611-51220 PHONE ALLOWANCE 3,456.00 0.00 0.00 1,661.52 0.00 1,794.48 48.08 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 21,771.00 1,784.64 0.00 8,994.06 0.00 12,776.94 41.31 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.00 1,335.85 0.00 10,743.42 0.00 16,516.58 39.41 5611-51420 LONG-TERM DISABILITY 983.00 38.22 0.00 229.32 0.00 753.68 23.33 5611-51440 FICA 10,697.00 343.16 0.00 2,421.42 0.00 8,265.58 22.66 5611-51450 MEDICARE 2,500.00 197.18 0.00 1,018.55 0.00 1,481.45 40.74 5611-51470 WORKERS COMP PREMIUM 656.00 0.00 C.00 555.41 0.00 100.59 84.67 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 252,600.00 13,829.07 0.00 97,333.80 0.00 155,266.20 38.53 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 2,134.85 0.00 2,9/5.02 35.85 2,049.13 59.02 5611-52040 POSTAGE & FREIGHT 980.00 15.98 C.00 157.26 2.68 820.06 16.32 5611-52130 TOOLS/ EQUIP - UNDER 6100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 640.52 0.00 1,329.90 27.45 3,642.65 27.15 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 _ 0.00 0.00 TOTAL SUPPLIES 10,980.00 2,791.35 0.00 4,402.13 65.98 6,511.84 40.69 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 204.00 150.00 2,646.00 11.80 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 204.00 150.00 2,646.00 11.80 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,031,378.00 58,963.13 0.00 152,541.15 0.00 878,836.85 14.79 5611-56040 SPECIAL SERVICES 180,789.00 282.50 0.00 3,344.00 540.00 176,905.00 2.15 5611-56080 ADVERTISING 26,800.00 765.00 0.00 5,810.00 0.00 20,990.00 21.68 5611-56090 COMMUNITY DEVELOPMENT 34,250.00 2,374.68 0.00 24,247.76 0.00 10,002.24 70.80 5611-56110 COMMUNICATIONS 3,780.00 316.12 0.00 1,559.02 125.08 2,095.90 44.55 5611-56180 RENTAL 22,6600.00 1,879.20 0.00 11,376.12 0.00 11,223.88 50.34 5611-56210 TRAVEL & TRAINING 22,787.00 203.82 0.00 2,061.67 1,069.11 19,656.22 13.74 5611-56250 DUES & SUBSCRIPTIONS 8,803.00 75.00 0.00 2,285.00 0.00 6,518.00 25.96 5611-56310 INSURANCE 303.00 303.00 0.00 303.00 0.00 0.00 100.00 5611-56510 AUDIT & LEGAL SERVICES 42,750.00 8,151.60 0.00 36,823.85 0.00 5,926.15 86.14 5611-56570 ENGINEERING/ARCHITECTURAL 37,000.00 0.00 0.00 920.00 0.00 36,090.00 2.49 5611-56610 UTILITIES-ELECTRIC 34500.00 155.47 0.00 568.27 0.00 2,931.73 16.24 TOTAL CONTRACTUAL SERVICES 1,414,740.00 73,469.52 0.00 241,839.84 1,734.19 1,171,165.97 17.22 3-12-2012 12:05 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 29TH, 2012 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. RE?L 5611-57110 DEBT SERVICE 635,946.00 52,912.91 0.00 304,746.15 0.00 331,099.85 47.93 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 635,946.00 52,912.91 0.00 304,746.15 0.00 331,099.85 47.93 CAPITAL OUTLAY 5611-59110 LAND-PURCHASE PRICE 339,000.00 0.00 0.00 1,000.00 0.00 388,000.00 0.26 5611-53120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 5611-59810 COMPUTER HARD/SOFTWARE 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.00 5611-59830 FURNITURE & FIXTURES 14,600.00 0.00 0.00 14,600.00 0.00 0.00 100.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-53995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 445,600.00 0.00 0.00 15,600.00 0.00 430,000.00 3.50 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 5611-59190 TRANSFER TO THORUGH ARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 TOTAL DEVELOPMENT CORP-WEDC 2,767,766.00 147,902.85 0.00 669,125.97 1,950.17 2,096,689.86 24.25 TOTAL EXPENDITURES 2,767,766.00 147,902.95 0.00 669,125.97 1,950.17 2,096,639.96 24.25 REVENUE OVER (UNDER) EXPENDITURES ( 521,605.00) 70,770.0' 0.00 f 34,392.771 ( 1,950.171 ( 495,462.061 6.96 -*. END OF REPORT *" Wylie Economic Development Corporation Balance Sheet Sub ledger February 29, 2012 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance January 31, 2012 $5,294,466.78 Hughes(#67 of 120) 7/25/06 3,676.29 177,441.87 2,936.95 739.34 5.00 174,504.92 ANBTX (#16of60) 10/28/10 8,454.82 346,574.22 6,981.37 1,473.45 4.95 339,592.85 ANBTX-ACE(#7 01180) 8/1/11 40,681.80 4,770,450.69 18,588.05 22,093.75 5.75 4,751,862.64 February 29, 2012 28,506.37 $24,306.54 $5,265,960.41 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Inventory Subledger February 29, 2012 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sate of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 53.88 576,808 122,825 2,296,512.37 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion February, 2012 2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment Pmt. Date Ck.# August 4,257.03 7,766.75 851.41 1,553.35 14,428.54 September 4,257.03 7,766.75 851.41 1,553.35 14,428.54 October 4,257.03 7,766.75 851.41 1,553.35 14,428.54 November 4,257.03 7,766.75 851.41 1,553.35 14,428.54 December 4,257.03 7,766.75 851.41 1,553.35 14,428.54 1/4/2012 WISD-52923 Total 21,285.15 38,833.75 4,257.05 7,766.75 72,142.70 COW-52915 2012 Amt. Received COW Tax WISD Tax Total Payment January 4,257.03 7,766.75 12,023.78 February 4,257.03 7,766.75 12,023.78 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MARCH 2012 MONTH WEDC WEDC WEDC DIFF % DIFF 2010 2011 2012 11 VS 12 11 VS 12 DECEMBER $81,014 $103,687 $112,676 $8,989 11.10% JANUARY 91,593 100,999 118,175 17,176 17.01% FEBRUARY 153,281 158,204 171,759 13,555 8.57% MARCH 89,717 104,670 113,571 8,900 8.50% APRIL 89,119 98,463 MAY 144,953 158,379 JUNE 111,174 116,832 J U LY 99,065 119,527 AUGUST 144,373 157,310 SEPTEMBER 98,102 123,153 OCTOBER 96,010 118,827 NOVEMBER 145,337 163,346 Sub-Total $1,343,739 $1,523,400 $516,181 $48,620 10.40% AUDIT ADJ TOTAL $1,343,739 $1,523,400 $516,181 $48,620 10.40% WEDC SALES TAX ANALYSIS $200,000 $180,000 - $160,000 • - _. • $140,000 - $120,000 - , --- - - $100,000 • - I 02011 i $80,000 -1 - ■2U $60,000 • $20,000 - V 1 N C E 2 ca Q - -1 ' v' E o E ro n ¢ 0 15 (1)m Li- n 0 'o o CO z Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: March 27, 2012 Item Number: E. Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: March 6, 2012 Budgeted Amount: Exhibits: WEDC ILA and Resolution. Subject Consider, and act upon, Resolution No. 2012-11(R) authorizing the City Manager of the City of Wylie, Texas to execute an interlocal agreement between the City of Wylie and the Wylie Economic Development Corporation for the provisions of certain services. Recommendation Motion to adopt Resolution No. 2012-11(R) authorizing the City Manager of the City of Wylie, Texas to execute an interlocal agreement between the City of Wylie and the Wylie Economic Development Corporation for the provisions of certain services. Discussion The City of Wylie has long had an interlocal agreement with the WEDC in which the City provides the WEDC with financial services such as accounts payable, payroll, accounting and audit. The City also provides the WEDC with some IT services as well as access to other departments which might provide assistance on occasion. Our interlocal agreement has recently expired and needs to be renewed. The WEDC pays the City of Wylie $5000.00 for the services rendered. The history of this relationship is that the City has not tried to track and recoup all associated costs as it has been viewed as the Community's greatest advantage if WEDC dollars are concentrated on incentives. Approved By Initial Date Department Director JB 3-5-2012 City Manager Page 1 of 1 RESOLUTION NO. 2012-11(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION FOR THE PROVISION OF CERTAIN SERVICES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Manager of the City of Wylie, Texas is hereby to execute an Interlocal Cooperation Act Agreement between the City of Wylie and the Wylie Economic Development Corporation for the provision of certain services, and a copy of said Agreement copy is attached hereto as Exhibit"A" and incorporated herein for all purposes. SECTION 2. This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27 day of March, 2012. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2012-11(R) WEDC ILA—General Administrative Services Exhibit "A" (Agreement) Resolution No.2012-11(R) WEDC ILA—General Administrative Services INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION THIS AGREEMENT (the "Agreement"), made and entered into this 27th day of March, 2012, by and between the CITY OF WYLIE, a municipal corporation (the "City"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a political subdivision organized under the Development Corporation Act of 1979 through the auspices of the City of Wylie, Texas (WEDC"). WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the City and its citizens to provide personnel, Information Systems, accounting and other services to the WEDC; and WHEREAS, the City and the WEDC desire to enter into this Agreement for the purpose of establishing the administration and compensation to be paid pursuant to the use of City's personnel; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act"), provides the authority to political subdivisions for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the City and the WEDC agree as follows: 1. Term. The term of this Agreement shall be from March 27th, 2012 to March 27th 2017 ("Term"). 2. City's Obligations. City shall provide WEDC with: A. Accounts payable, payroll, audit, and other financial services requested by the Executive Director; and B. Those services provided by the IS Technician which are considered to be standard and customary for the day-to-day operations of the WEDC computer systems; and C. Access to all other City departments which can provide assistance to the WEDC in its effort to attract and secure business relocations and expansion. D. Access to Insurance and benefits per Local Government Code Sec. 501.067. 3. WEDC's Obligations. WEDC shall: INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC Page 2 of 5 A. Pay City Five Thousand ($5,000.00) per annum for all services provided in accordance to paragraph 2 above; and B. Reimburse the City those funds directly attributable to the audit of WEDC accounts and transactions; and C. Pay City for portion of general liability and errors and omissions insurance attributed to the WEDC; and D. Correspond with the City Manager to seek approval of requests for assistance which go beyond standard and customary or which require an excessive amount of staff time. A lump sum payment, per Section 3 A will be made by WEDC on the effective date of this Agreement and subsequent anniversary dates thereafter. 4. Termination. Either party may terminate this Agreement, with or without cause, upon ninety (90) days written notice to the other party. 5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below: City: City of Wylie Attn: Ms. Mindy Manson 300 Country Club Road Wylie, TX 75098 WEDC: Wylie Economic Development Corporation Attn: Mr. Sam Satterwhite 250 South Hwy. 78 Wylie, TX 75098 6. Miscellaneous. A. Assignment. This Agreement is not assignable. B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC Page 3 of 5 C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. F. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. G. SavingsJSeverability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. H. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. J. Pursuit of a Governmental Function. Both the City and the WEDC have determined by execution of this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC Page 4 of 5 K. Sovereign Immunity. The parties agree that neither the City nor the WEDC has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. L. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No third party shall have any rights herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE,TEXAS MINDY MANSON, City Manager Date: ,2012 WYLIE ECONOMIC DEVELOPMENT CORPORATION SAMUEL SATTERWHITE, Executive Director Date: ,2012 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC Page 5 of 5 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared MINDY MANSON, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2012. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared SAMUEL SATTERWHITE known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the WYLIE ECONOMIC DEVELOPMENT CORPORATION, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2012. Notary Public in and for the State of Texas 7A1 Wylie City Council CITY OF WYLIE A G E N D A REPORT ■ Meeting Date: March 27, 2012 Item Number: F. Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: March 19, 2012 Budgeted Amount: Exhibits: Loan Documents Subject Consider, and act upon, authorizing the City Manager to execute all loan documents necessary to borrow $438,621 from the American National Bank of Texas for the purchase of athletic lighting for the baseball fields at Community Park from Musco Sports Lighting, L.L.C. Recommendation Motion authorizing the City Manager to execute all loan documents necessary to borrow $438,621 from the American National Bank of Texas for the purchase of athletic lighting for the baseball fields at Community Park from Musco Sports Lighting, L.L.C. Discussion Staff has researched various options to fund lighting equipment at Community Park and is recommending a loan with American National Bank of Texas to finance this purchase. $125,000 was budgeted in the 2011-12 budget for the payments on this loan and on September 13, 2011 Council authorized the City Manager to execute a contract with Musco Sports Lighting, LLC for the installation of these lights. The loan amount will be $438,621 and covers all lighting including plaza and infield lighting, outfield lighting and light pole relocation. The monthly payments will be approximately $9,707 over a four year period with an interest rate of about 2.99%. Approved By Initial Date Department Director LB 3/19/12 City Manager LOAN AGREEMENT THIS LOAN AGREEMENT (the "Agreement") is entered into on the date stated on the signature page of this Agreement, between the City of Wylie, a Texas home rule municipal corporation ("Borrower") or ("City"), whose mailing address is 300 Country Club Drive, Wylie, Texas 75098, and The American National Bank of Texas("Lender"),whose mailing address is 301 S. Hwy 78, Wylie, Texas 75098. RECITALS WHEREAS,Borrower desires to finance the purchase and installation of lighting equipment for a softball and baseball field located in the City of Wylie, Collin County, Texas, described on Exhibit"A" attached hereto (the "Lighting Equipment"); and WHEREAS, Borrower desires to borrow the costs related to the financing of the Lighting Equipment from Lender, and Lender is willing to loan the Borrower the funds necessary to finance the Lighting Equipment pursuant to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the parties agree as follows: ARTICLE 1. DEFINITIONS 1.01. The following terms as used in this Agreement shall have the following meanings: (a) AGREEMENT. Shall mean this Loan Agreement between the Bank and the City and any modifications, alterations and supplements hereto made in accordance with the provisions hereof. (b) BANK. The American National Bank of Texas, or any successor in interest. (c) BORROWER. City of Wylie, Texas, a Texas home rule municipal corporation. (d) BUSINESS DAY. Any day other than a Saturday,a Sunday,a legal holiday or a day on which banking institutions in the cities of Terrell or Wylie,Texas are authorized or permitted by law or executive order of the President of the United States to close. (e) CITY. City of Wylie, Texas, a Texas home rule municipal corporation. (f) CODE. The Internal Revenue Code of 1986, as amended from time to time. (g) DEFAULT RATE. The greater of fifteen Percent(15%)per annum or the maximum amount of interest allowed by applicable law. Loan Agreement Page 1 (h) EVENT OF DEFAULT. Shall have the meaning set forth in Article 10 of the Loan Agreement or Section E of the Security Agreement. (i) FORCE MAJEURE. As used herein, "force majeure" shall mean and include war, riot, insurrection, the unavailability of materials, strike or other labor troubles, or any other cause beyond the reasonable control of Borrower. (j) HOLDER. A holder of the Note executed pursuant to this Agreement. (k) INDEBTEDNESS. The total sum of money advanced,together with all other sums of money due and owing by Borrower to Lender resulting from debts, obligations, or liabilities of any kind that becomes due to the Lender pursuant to the Loan Documents,including all renewals and extensions, if any. (1) INTEREST RATE. The rate of interest designated in the Promissory Note (the "Note"). (m) LENDER. The American National Bank of Texas, or any successor in interest. (n) LOAN. The loan from the Bank to the City made under this Agreement. (o) LOAN DOCUMENTS. Collectively, this Agreement, and all other documents executed in connection with the Loan made pursuant to this Agreement and as identified in Article 6 of this Loan Agreement. (p) NOTE. The Promissory Note delivered pursuant to this Agreement. (q) PERSON. An individual,a corporation,a partnership,an association,a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof. ARTICLE 2. AMOUNT OF LOAN Subject to the terms, covenants, and conditions set forth in this Agreement, and the Loan Documents, Lender agrees to lend and Borrower agrees to borrow, the sum of$438,621.00, (the "Loan") for a term not to exceed forty-eight (48) calendar months. ARTICLE 3. NON-APPROPRIATION Notwithstanding anything herein to the contrary, this Agreement is subject to the annual appropriation and budgeting of funds by Maker, as a Texas home rule municipality, in its sole and absolute discretion, to make any payments set forth in the Note. In the event the Maker does not appropriate any funds, the Maker's obligation to make any payments pursuant to this Agreement shall end on the last day of the annual appropriation period for which funds were appropriated by Loan Agreement Page 2 Maker. Maker shall provide Bank thirty(30)days prior written notice of its intent to not appropriate funds. Maker's election to non-appropriate kinds pursuant to this section does not terminate Lender's right to librectose on and take possession of the collateral pursuant to the Security Agreeinem, ARTICLE 4. REPRESENTATIONS Section Ti Representations by the City. The City represents,war-mins,and covenants as fol (a) The City is a home rule municipal corporation duly created and existing under the laws of the State of Tex41S and is authorized to execute this Agreement and to make the representations and warranties contained herein. (b) The City has all requisite power,authority and legal right to make the representations and warranties in this Agreement,to perform and observe the provisions thereof and to carry out the transactions contemplated by the Loan Documents, and that all corporate actions on the part of the City which are required for the execution,delivery,performance anti observance of the requirements and conditions of the tioan Documents have been duly authorized and effectively taken. (c) The City Council has duly approved this Agreement and when delivered will be a legally valid and binding obligation of the City enforceable against the City in accordance with its terms. (d) To the best knowledge of the City, there is no default of the City in the payment of the principal of or interest on any of its indebtedness for borrowed money or under any instrument or instruments or agreements under and subject to which any indebtedness for borrowed money has been incurred which does or could affect the validity and enforceability of this Agreement or the ability of the City to perform its obligations thereunder,and no event has occurred and is continuing under the provisions ofany such instrument or agreement which constitutes or,with the lapse oftime or the giving of notice, or both, would constitute such a default. (e) 'Fo the best knowledge of'the City, there is no pending or, to the knowledge of the undersigned officials of the City, threatened action or proceeding before any court, governmental agency or arbitrator to restrain or enjoin or in any way contesting or affecting the authority for the issuance of the Note or the validity of the Loan Documents or in any way contesting the existence or powers of the City. (0 To the best knowledge of the City, the City is not in default under any of the provisions of the laws of the State of Texas, where any such default would affect the transactions contemplated by this Agreement. Loan Agreement Page 3 (g) That all of the statements, representations, and warranties made by the City in the City's financial statements delivered to the Bank to secure the Loan were accurate,true,and correct and are still accurate,true, and correct,to the best knowledge of the City. (h) To the best knowledge of the City,there are no significant material facts or conditions relating to the Loan Documents, or the financial condition and business of the City which could, collectively or individually, cause a material adverse effect. All writings heretofore or hereafter exhibited or delivered to the Bank by or on behalf of the City are and will be genuine and in all respects what they purport and appear to be. ARTICLE 4. REPRESENTATIONS, WARRANTIES, AND COVENANTS OF BORROWER Borrower represents, warrants, covenants, and agrees that: (a) It has good and marketable fee simple title to the Lighting Equipment described in Exhibit"A" attached to and made a part of this Agreement; and (b) All of the statements, representations, and warranties made in Borrower's loan application,if any,or in any schedules or other documents delivered by the Borrower to the Lender for the purpose of securing the loans described herein,were accurate,true, and correct and are still accurate, true, and correct. ARTICLE 5. LOAN DOCUMENTS Borrower agrees that it has, contemporaneously with the execution of this Agreement, executed and delivered or will execute and deliver to Lender the following documents ("Loan Documents"): (a) This Loan Agreement; (b) A Promissory Note payable to Lender described in Article 2 of this Agreement; (c) A Security Agreement securing payment of the Loan; (d) Financing Statement(UCC-1) (e) Certified copy of resolution acceptable to Lender that approves of the transaction and authorizes execution of the Loan Documents; (f) A certificate executed by Borrower that there are no litigations or proceedings pending or threatened that could affect the validity or priority of the lien of the Deed of Trust or that could materially affect Borrower's ability to perform under any of the Loan Documents; Loan Agreement Page 4 (g) Notice of Final Agreement; (h) Opinion Letter acceptable to the Lender executed by Borrower's attorney; (i) Closing Certificate; (j) Attorney Representation and Fee Letter; and (k) Certificates of insurance as required by Lender,from insurance companies acceptable to Lender. ARTICLE 6. RESERVES AND DEPOSITS 6.01. Setting Up Reserves. At the time of closing of the Loan, Lender may pay from the proceeds of the Loan all Loan expenses and all Lender's fees, including reasonable attorney's fees, if any, and any indebtedness secured by prior liens or encumbrances. 6.02. Disbursement of Reserves. So long as Borrower is not in default under this Agreement, Lender shall disburse the Reserves on request by Borrower,to be used for the purpose for which they have been set aside,either by payment of items for which set aside,by reimbursement to Borrower for proper payments made by Borrower, or by reducing the amount of the applicable Reserve (thereby increasing the amount of the proceeds of the Loan available for disbursement). 6.03. No Interest Payable on Reserves. No interest shall accrue on any sums remaining as Reserves. Once any sum held in reserve is paid out in any manner described in Paragraph 6.02, above,that sum will be deemed a disbursement of loan proceeds and subject to accrual of interest. 6.04. Lenders Adjustment of Amount of Reserve. Lender may,in its reasonable discretion, adjust the amount of Reserves from time to time as circumstances may require. 6.05. Application of Borrower's Deposits in Case of Default. In case of any default under this Agreement, Lender may use and apply any moneys deposited by Borrower with Lender, regardless of the purpose for which deposited, to cure that default or to apply on account of any Indebtedness under this Agreement due and owing to the Lender. ARTICLE 7. BORROWER'S AGREEMENTS Borrower further agrees that: (a) INSURANCE. Borrower shall acquire and pay all premiums on all insurance policies required under this Agreement,and shall renew such insurance policies when or before they expire. Borrower shall furnish to Lender, premiums prepaid, additional insurance, in companies, coverage, and amounts satisfactory to Lender, if and when Lender in its sole discretion shall deem additional insurance necessary.Nothing contained in this paragraph shall affect the right of Lender, Loan Agreement Page 5 in the event of default by Borrower, to place insurance and treat the amounts expended for it as disbursement of loan proceeds. (b) EXPENSES. Borrower shall pay to Lender all Lender's expenses incurred in regard to this Loan,including but not limited to attorney's fees,as provided for in the attached Attorney Fee Letter, title insurance premiums and charges, survey costs, recording fees, expenses of making inspections, and other out of pocket expenses incurred by Lender. Any expenses advanced or incurred by Lender shall be secured by the Deed of Trust and any other security documents that the Lender deems necessary. In the event that Lender shall expend any amounts in perfoliiiance of any of Borrower's covenants or agreements under any of the Loan Documents, such amounts shall constitute additional indebtedness secured under the Deed of Trust and other security documents. (c) BOOKS AND RECORDS. Borrower shall keep accurate and proper books and records of the development of the Project and shall at all reasonable hours allow Lender or its representative to examine those books and records and all contracts and bills relating to the Project. (d) PERSONAL PROPERTY. All of the Lighting Equipment described on Exhibit"A" attached hereto, shall be kept free and clear of all chattel mortgages, conditional vendors' liens, and all liens, encumbrances, and security interests whatsoever other than those securing the Loan; and Borrower shall be the absolute owner of all the Lighting Equipment, and shall, from time to time, furnish Lender with satisfactory evidence of Borrower's ownership,including searches of applicable public records. (e) CHATTEL MORTGAGE-SECURITY AGREEMENT. If the Commitment requires, and in any event on Lender's request,Borrower shall execute and deliver,or cause to be executed and delivered, a chattel mortgage-security agreement on the Lighting Equipment to the extent required, and shall provide any supporting documents that Lender may reasonably require,including financing statements and searches of records under the Texas Business and Commerce Code. (f) LENDER'S ACTION FOR ITS OWN PROTECTION ONLY. The authority conferred on Lender under this Agreement and any action taken by Lender in making inspections of the Lighting Equipment, procuring sworn statements and waivers of lien, and approving contracts shall be taken by Lender for its own protection only, and Lender does not and shall not be deemed to have assumed any responsibility to Borrower or any other person or entity with respect to any such action authorized or taken by Lender,or with respect to the proper installation of Lighting Equipment, performance of contracts by any contractors. (g) FINANCIAL REPORTING. The City shall deliver to the Bank audited Financial statements within ninety(90) days following the end of each fiscal year of the City. Loan Agreement Page 6 ARTICLE 8. ASSIGNMENTS 8.01, Lenders Right to Assign. Lender may assign, negotiate, pledge, or otherwise hypothecate this Agreement or any of its rights and security, including the Note, the Security Agreement, and all other Loan Documents with sixty (&)) days prior written notice to Borrower. Borrower shall accord full recognition to any assignment made under these terms,and agrees that all rights and remedies of Lender in connection .with the interest assigned shall be enforceable against Borrower by the assignee bank with the same force and effect and to the same extent as would have been available to Lender hut for such assignment, 8.02. Prohibition of Assignments by Borrower. Burrower shall not assign or attempt to assign its rights under this Agreement without the prior written consent of the Lender. If Borrower is a corporation,Borrower shall not suffer or permit the interest of any of its shareholders or members, if any, to be assigned, pledged, transferred, hypothecated, or otherwise disposed of until the pnravisions of this Agreement have been fully complied with. ARTICLE 9. TIME OF THE ESSENCE Lender has agreed to make this Loan in reliance on Borrower's representations in its loan application and in this Agreement and in anticipation of the prompt and faithful performance by the Borrower of all the terms and conditions contained in this Agreement to the end that the Improvements shall be promptly constructed and completed. Accordingly,Borrower agrees that lime is of the essence of this Agreement. ARTICLE 10. DEFAULTS BY BORROWER The occurrence of any one or more of the following shalt constitute Cu "Event of Default"as the term is used in this Agreement: (a) The failure,of Borrower to observe ur perform any of-the terms and conditions required under the Note,the Security Agreement, or this Agreement that continues for a period of thirty(30) days after written notice of failure from ILender. (b) Failure of Borrower to appropriate hinds for the timely payment of the principle and interest payments required by the Note, (c) 'The occurrence of any Event of Default under this Agreement, the Note, Security Agreement, or any Loan Documents applicable to this transaction. (d) Any of the following transactions or attempted transactions undertaken by Borrower: 1. The assignment or attempted assignment by Borrower of its rights under this Agreement; or Loan Agreement Page 7 ii. If Borrower is a corporation other than a corporate trustee,or a partnership,the assignment,pledge,transfer,hypothecation,or other disposition of any shares of stock or partnership interest of Borrower. (b) The occurrence of any default under the Commitment,or of any condition that would for any reason disable or prevent Borrower from complying with the terms,provisions,and conditions of the Commitment or of this Agreement within the time and in the manner required. (c) The existence of any collusion or bad faith by or with the acquiescence of Borrower. (d) Any assertion by the lessee under any lease regarding any part of the Project of the existence of any default by Borrower as lessor under the terms of the lease. ARTICLE 11. LENDER'S AND BORROWER'S REMEDIES IN EVENT OF DEFAULT 11.01. Remedies Conferred on Lender. On the occurrence of any Event of Default,Lender, in addition to all remedies conferred on Lender by law and by the terms of the Note, Security Agreement, or other Loan Documents, may pursue any one or more of the following remedies concurrently or successively, and no remedy shall be to the exclusion of any others: (a) Declare the Note to be immediately due and payable; and (b) Exercise any remedy contained in the Note or Security Agreement. 11.02. Nonwaiver of Remedies. No waiver of any breach or default under this Agreement shall constitute or be construed as a waiver by Lender or Borrower of any subsequent breach or default or of any breach or default of any other provision of this Agreement. There shall be no such waiver unless and except it is in writing. 11.03. Remedies Conferred on Borrower. Upon Lender's breach of any of the terms under this Agreement, Borrower may exercise any right or remedy available under law. ARTICLE 12. MISCELLANEOUS PROVISIONS 12.01. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the laws of the United States of America applicable to transactions in this state, and all obligations of the parties created under this Agreement are performable in Kaufman and Collin Counties, Texas. 12.02. Parties Bound. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs,executors,administrators,legal representatives,successors,and assigns, except as otherwise expressly provided within the Agreement. Loan Agreement Page 8 12.03. Legal Construction. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been a part of it. 12.04. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties to it and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. 12.05. Attorney's Fees. If any action at law or in equity,including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and other litigation expenses from the other party.The amount of fees recoverable under this paragraph may be set by the court in the trial of the underlying action or may be enforced in a separate action brought for that purpose,and any fees recovered shall be in addition to any other relief that may be awarded. 12.06. Loan. The Loan made under this Agreement is made in reliance on the representations of the Borrower in the Borrower's loan application and all supporting documents and schedules. 12.07. Counterparts-One Agreement. This Agreement and all other copies of this Agreement, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement.This Agreement may be executed concurrently in one or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 12.08. Notice. Unless otherwise provided within this Agreement, any notice, tender, or delivery to be given under this Agreement by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received as of the date of actual receipt. 12.09. Modification. This Agreement may not be changed, terminated, or modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Agreement. 12.10. Agreement Final. This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. 12.11. Oral Agreements. There are no unwritten oral agreements between the parties. 12.12. Gender. Words of any gender used in this Agreement shall be construed to include any other gender,and words in the singular number shall be held to include the plural,and visa versa, unless the context requires otherwise. Loan Agreement Page 9 I 2,13 Sovereign I minun ity. Except as provided by law, the parties hereto agree that Borrower has not waived its sovereign immunity by en tei ng into and performing its obligations under this Agreement, IN WEINES S WildEREOE,the parties have duly executed this Agreement as of 2012. LENDER: THE AMERI CAN NATIONAL HANK OFTEXAS By: Anita Collins,Market President BORROWER: City of Wylie, Texas, a Texas home rule municipal corporation Hy: Mindy Manson, City Manager Lcxin Agreement Page I PROMISSORY NOTE S438,621,00 Terrell,Texas March , 2012 FOR VALUE RECEIVED,the undersigned.City of Wylie,a Texas home role municipality (Waken"), promises to pay to the order of The American National Bank of Texas(the "Bank") the sum of up to S438,62I„OO, together with interest on the principal.All sums arc payable at P. O. Box 40, Terrell, Texas 75160 or such place as the holder of this Note may designate in writing, This Promissory Note (this "Note") refers to and incorporates by reference that certain Loan Agreement (the 'Loan Agreement") of even date herewith executed by and between Maker and the Bank. Interest Rate 1. This Note shall boar interest at a fixed Interest Rate of 2,99%, which shall be calculated on a 360/365 actual days accrual. fpermi tied by applicable law,all pust-due installments ofpr nolpa I and of interest shall near interest at the greater of the Maximum Rate (as defined herein below)or fifteen percent (15%)per annum. During the existence of any Default under this Note or under any instrument securing or evidencing the lean evidenced by this Note,the entire unpaid balance of principal shall bear interest at the lesser of the Maximum Rate (as defined herein below) or fifteen percent (15%) per annum. As used herein, the term "Maximum Rate" means the maximum nonnsurious interest rate, if any, that at any time or from time to time may be contracted for, taken, reserved, charged, or received on the total principal balance hereof under the laws of the United States and the State of Texas applicable thereto which are presently in effect or, to the extent allowed by law under such applicable laws of the United States and the State of Texas which may hereafter be in effect and which allow a higher maximum nonusurious interest rate than applicable laws now allow; specifically. Section 1204, Goverment Code. To the extent that Article 5069, Article ID of the Texas Credit Title, Texas Revised Civil Statutes, 1925, as amended ("Tide) or the Texas Finance Code, Title 4 ("Code')are relevant for the purposes of determining the MaXiiii WTI Rate,Bank may elect the "weekly rate ceiling", from time to time in effect, as referred to end defined in Ankle 1D,002 of the 'fide and Act, front time to time elect the "quarterly ceiling" from time to time in effect as referred to and defined in 1D.006 of the Title and Article 303.202 of the Code of the -annualized ceiling,"from time to time in effect,as referred to and defined in Article 10,007 of the Title and Article 3,03.203 olthe Code, and renew any such election without notice to Maker. Payment of Principal and Interest f Appropriation of Funds. 2, The Principal Amount and interest are due and payable in 48 consecutive monthly installments of Nine Thousand Seven Hundred Six Dollars and 64/100 ($9,706,64) on the day of each month, beginning April ,2012 and continuing until all unpaid principal and interest Promissory Note Page is paid in full. Payments will be applied first to accrued interest and the remainder to reduction of the Principal Amount. 3. Notwithstanding anything herein to the contrary, this Agreement is subject to the annual appropriation and budgeting of funds by Maker,as a Texas home rule municipality,in its sole and absolute discretion, to make any payments set forth herein. In the event the maker does not appropriate any funds,the Maker's obligation to make any payments pursuant to this note shall end on the last day of the annual appropriation period for which funds were appropriated by Maker. Maker shall provide Bank thirty(30)days prior written notice of its intent to not appropriate funds. Security for Note 4. This Note is secured by a certain Security Agreement executed on this same date by Maker in favor of for the benefit of the Bank,on certain tangible personal property situated in Wylie, Collin County,Texas.This Note is executed pursuant to the Loan Agreement,which,together with the Security Agreement, and other Loan Documents (as described in Article 5 of the Loan Agreement), contain provisions for acceleration of the maturity of this Note on the happening of certain events. Default 5. At the option of the Lender or the holder of this Note,the entire principal balance and accrued interest owing shall at once become due and payable on the occurrence at any time of any of the Events of Default listed in Article 10 of the Loan Agreement and/or in Section E of the Security Agreement. Attorney's Fees 6. If this Note is not paid at maturity and is placed in the hands of an attorney for collection,or if it is collected through a bankruptcy,a probate,or any other court whether before or after maturity, then the holder shall be entitled to all costs of collection. Prepayment 7. This Note may be prepaid in whole or in part as provided in the Loan Agreement. Receipt of Interest Clause 8. All agreements between the Maker of this Note and the holder are expressly limited so that in no event shall the amount paid, or agreed to be paid,to the holder of this Note for the use, forbearance, or detention of the money to be loaned under this Note exceed the maximum amount permissible under applicable law. If, from any circumstances, fulfillment of any provision of this Note at the time performance of such provision is due shall involve transcending the limit of validity prescribed by law,then,ipso facto,the obligation to be fulfilled shall be reduced to the limit of such validity. Determination of the rate of interest for the purpose of determining whether it is within the Promissory Note Page 2 maximum amount permissible under applicable law shall be made by amortizing, prorating, allocating, and spreading, in equal parts during the period of the full stated term of the loan, all interest at any time contracted for,charged,or received from the Maker in connection with this Note. If from any circumstances the holder of this Note should ever receive as interest an amount that would exceed the highest lawful rate, any amount that would be excessive interest shall be applied to the reduction of the principal amount owing under this Note and not to the payment of interest, or shall be refunded to the maker of this Note. Gender 9. Words of any gender used in this Promissory Note shall be construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. This Note and the rights, duties and liabilities of the parties hereunder or arising from or relating in any way to the indebtedness evidenced by this Note or the transaction of which such indebtedness is a part shall be governed by and construed in accordance with the law of the State of Texas and the law of the United States applicable to transactions within such State. No amendment of this Note shall be binding unless expressed in a writing executed by Maker and the holder of this Note. MAKER IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF ANY TEXAS OR FEDERAL COURT SITTING IN COLLIN OR KAUFMAN COUNTY, TEXAS(WHERE ANY PORTION OF THE PERSONAL PROPERTY COVERED BY THE SECURITY AGREEMENT IS LOCATED)OVER ANY SUIT,ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO ANY OF THE LOAN DOCUMENTS,AND MAKER HEREBY AGREES AND CONSENTS THAT, IN ADDITION TO ANY METHODS OF SERVICE OF PROCESS PROVIDED FOR UNDER APPLICABLE LAW,ALL SERVICE OF PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY TEXAS OR FEDERAL COURT SITTING IN COLLIN OR KAUFMAN COUNTY, TEXAS MAY BE MADE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, DIRECTED TO MAKER AT THE ADDRESS INDICATED BELOW, AND SERVICE SO MADE SHALL BE COMPLETE FIVE DAYS AFTER THE SAME SHALL HAVE BEEN MAILED. IN WITNESS WHEREOF,the undersigned have executed this Note as of 2012. MAKER: City of Wylie, Texas by: Mindy Manson, City Manager Promissory Note Page 3 SECURITY AGREEMENT Date: March , 2012 Debtor: City of Wylie, a Texas home rule municipal corporation Debtor's Mailing Address: City of Wylie 300 Country Club Road Wylie, Texas 75098 Collin County Secured Party: American National Bank of Texas Secured Party's Mailing Address: American National Bank of Texas 301 South Highway 78 Wylie, Texas 75098-1268 Collin County Classification of Collateral: Equipment to become a fixture Collateral (including all accessions): All of Debtor's interest in the Lighting Equipment and all proceeds of such property, including lighting equipment purchased by the Debtor from Musco Sports Lighting,L.L.C., and more particularly described on Exhibit A attached hereto. Obligation Note Date: March , 2012 Original principal amount: $438,621.00 Borrower(Obligor): City of Wylie Lender(Secured Party): American National Bank of Texas Security Agreement Page 1 Terms of Payment: As provided in the note. Debtor's Representations Concerning Debtor and Locations: The collateral is located solely at the Community Park, 800 Thomas, Wylie, Texas 75098, Wylie, Collin County, Texas. Debtor's,City of Wylie,place of business is located at 300 Country Club Road,Wylie,Texas. Debtor's, City of Wylie, federal tax identification number is 75-6000719. Debtor's records concerning the Collateral are located at 300 Country Club Road, Wylie, Texas. Debtor grants to Secured Party a security interest in the Collateral and all its proceeds to secure the Obligation and all renewals, modifications, and extensions of the Obligation. Debtor authorizes Secured Party to file a financing statement describing the Collateral. A. Debtor represents and warrants the following: 1. No financing statement covering the Collateral is filed in any public office. 2. Debtor owns the Collateral and has the authority to grant this security interest,free from any setoff, claim, restriction, security interest, or encumbrance except liens for taxes not yet due. 3. None of the Collateral is an accession to any goods, is commingled with other goods, or will become an accession or part of a product or mass with other goods, or is or will become covered by a document except as provided in this agreement. 4. All information about Debtor's financial condition is or will be accurate when provided to Secured Party. 5. None of the Collateral is affixed to real estate. B. Debtor agrees to - 1. Defend the Collateral against all claims adverse to Secured Party's interest;pay all taxes imposed on the Collateral or its use; keep the Collateral free from liens, except for liens in favor of Secured Party or for taxes not yet due;keep the Collateral in Debtor's possession and ownership except as otherwise provided in this agreement; maintain the Collateral in good condition; and protect the Collateral against waste, except for ordinary wear and tear. 2. Sign and deliver to Secured Party any documents or instruments that Secured Party Security Agreement Page 2 considers necessary to obtain, maintain, and perfect this security interest in the Collateral. This includes a certificate of title for any Collateral covered by a certificate of title so that Secured Party may have the certificate of title reissued with its lien noted thereon. 3. Notify Secured Party immediately of any material change(a)in the Collateral,(b)in Debtor's Mailing Address, (c) in the location of any Collateral, (d) in any other representation or warranty in this agreement, and (e) that may affect this security interest, and of any change (f) in Debtor's name and (g) of any location set forth above to another state. 4. Use the Collateral primarily according to the stated classification. 5. Maintain accurate records of the Collateral at the address set forth above, furnish Secured Party any requested information related to the Collateral; and permit Secured Party to inspect and copy all records relating to the Collateral. 6. Permit Secured Party to inspect the Collateral. C. Debtor agrees not to - 1. Sell, transfer, or encumber any of the Collateral, except in the ordinary course of Debtor's business. 2. Except as permitted in this agreement,permit the Collateral to be affixed to any real estate, to become an accession to any goods, to be commingled with other goods, to become a fixture, accession, or part of a product or mass with other goods or to be covered by a document, except a document in the possession of Secured Party. 3. Change the state in which Debtor's place of business (or chief executive office if Debtor has more than one place of business) is located, change its name, or convert to a different entity without notifying Secured Party in advance and taking action to continue the perfected status of the security interest in the Collateral. D. Insurance and Risk of Loss 1. Debtor will insure the Collateral in accordance with Secured Party's reasonable requirements regarding choice of carrier, risks insured against, and amount of coverage. Policies must be written in favor of Debtor, be endorsed to name Secured Party as an additional insured or as otherwise directed in writing by Secured Party,and provide that Secured Party will receive at least ten days' notice before cancellation. Debtor must provide copies of the policies or evidence of insurance to Secured Party. 2. Debtor assumes all risk of loss to the Collateral. Security Agreement Page 3 3. Debtor appoints Secured Party as at wrney-in-fact to collect any returned unearned premiums and proceeds of any insurance on the Collateral and to endorse and deliver to Secured Part), any payment from such insurance made payable to Debtor. Debtor's appointment of Secured Party as Debtor's agent is coupled with an interest and if Debtor is an individual will survive any disability of Debtor. E. Default and Remedies L. An Event of Default exists if- a. Debtor or Obligor, falls to timely pay or perform any obligation or covenant in any written agreement between Secured Party and any of Debtor or Obligor; b. The Debtor fails or refuses to appropriate funds for the timely payment of the principle and interest payments required by the Note; c. any warranty, covenant, or representation in this agreement or in any other written agreement between Secured Party and any of Debtor. Obligor, or secondary obligor is materially false wheii made; d. a receiver is appointed for Debtor, Obligor, any secondary obligor, or any Collateral; e. any Collateral is assigned For the benefit of creditors; a bankruptcy or insolvency proceeding is commenced by Debtor,a partnership in which Debtor is a general partner, Obligor, or any secondary obligor; 14, a bankruptcy or insolvency proceeding is commenced against Debtor, a partnership in which Debtor is a general partner, Obligor,or any secondary obligor,and the proceeding continues without dismissal for sixty days,the party against whom the proceeding is commenced admits the material allegations of the petition against it, or an order for relief is entered; any of the following parties is dissolved, begins to wind up its afthirs, is authorized to dissolve or wind tip its affairs by its governing body or persons, or any event occurs or condition exists that permits the dissolution or winding up of the affairs of any of the following parties: Debtor; a partnership of which Debtor is a general partner; Obligor; or any secondary obligor; or i. any Collateral is impaired by loss,theft,damage,levy and execution,issuance of an official writ or order of seizure, or destruction, unless it is promptly replaced with collateral of like kind and quality or restored to its fortner condition. Security Agrerient Page 4 2. If an Event of Default exists, Secured Party may - a. demand,collect,convert,redeem,settle,compromise,receipt for,realize on, sue for,and adjust the Collateral either in Secured Party's or Debtor's name,as Secured Party desires, or take control of any proceeds of the Collateral and apply the proceeds against the Obligation; b. take possession of any Collateral not already in Secured Party's possession, without demand or legal process,and for that purpose Debtor grants Secured Party the right to enter any premises where the Collateral may be located; c. without taking possession, sell, lease, or otherwise dispose of the Collateral at any public or private sale in accordance with the law; and d. exercise any rights and remedies granted by law or this agreement. 3. Foreclosure of this security interest by suit does not limit Secured Party's remedies, including the right to sell the Collateral under the terms of this agreement. Secured Party may exercise all remedies at the same or different times,and no remedy is a defense to any other. Secured Party's rights and remedies include all those granted by law and those specified in this agreement. 4. Secured Party's delay in exercising, partial exercise of, or failure to exercise any of its remedies or rights does not waive Secured Party's rights to subsequently exercise those remedies or rights. Secured Party's waiver of any default does not waive any other default by Debtor. Secured Party's waiver of any right in this agreement or of any default is binding only if it is in writing. Secured Party may remedy any default without waiving it. 5. Secured Party has no obligation to clean or otherwise prepare the Collateral for sale. 6. Secured Party has no obligation to satisfy the Obligation by attempting to collect the Obligation from any other person liable for it. Secured Party may release, modify, or waive any collateral provided by any other person to secure any of the Obligation. If Secured Party attempts to collect the Obligation from any other person liable for it or releases, modifies, or waives any collateral provided by any other person, that will not affect Secured Party's rights against Debtor. Debtor waives any right Debtor may have to require Secured Party to pursue any third person for any of the Obligation. 7. If Secured Party must comply with any applicable state or federal law requirements in connection with a disposition of the Collateral, such compliance will not be considered to adversely affect the commercial reasonableness of a sale of the Collateral. 8. Secured Party may sell the Collateral without giving any warranties as to the Collateral. Secured Party may specifically disclaim any warranties of title or the like. This procedure will not be Security Agreement Page 5 considered to adversely affect the commercial reasonableness of a sale of the Collateral. 9. If Secured Party sells any of the Collateral on credit,Debtor will be credited only with payments actually made by the purchaser and received by Secured Party for application to the indebtedness of the purchaser. If the purchaser fails to pay for the Collateral,Secured Party may resell the Collateral and Debtor will be credited with the proceeds of the sale. 10. If Secured Party purchases any of the Collateral being sold, Secured Party may pay for the Collateral by crediting the purchase price against the Obligation. 11. Secured Party has no obligation to marshal any assets in favor of Debtor or against or in payment of the Note, any of the Other Obligation, or any other obligation owed to Secured Party by Debtor or any other person. 12. If the Collateral is sold after default,recitals in the bill of sale or transfer will be prima facie evidence oftheir truth and all prerequisites to the sale specified by this agreement and by law will be presumed satisfied. F. General 1. Secured Party may at any time - a. take control of proceeds of insurance on the Collateral and reduce any part of the Obligation accordingly or permit Debtor to use the funds to repair or replace the Collateral and b. purchase single-interest insurance coverage that will protect only Secured Party if Debtor fails to maintain insurance, and premiums for the insurance will become part of the Obligation. 2. Notice is reasonable if it is mailed, postage prepaid, to Debtor at Debtor's Mailing Address at least ten days before any public sale or ten days before the time when the Collateral may be otherwise disposed of without further notice to Debtor. 3. This security interest will attach to after-acquired consumer goods only to the extent permitted by law. 4. This security interest will neither affect nor be affected by any other security for any of the Obligation.Neither extensions of any of the Obligation nor releases of any of the Collateral will affect the priority or validity of this security interest. 5. This agreement binds,benefits,and may be enforced by the successors in interest of Secured Party and will bind all persons who become bound as debtors to this agreement. Security Agreement Page 6 Assignment of any part of the Obligation and Secured Party's delivery of any part of the Collateral will fully discharge Secured Party from responsibility for that part of the Collateral. If such an assignment is made, Debtor will render performance under this agreement to the assignee. Debtor waives and will not assert against any assignee any claims, defenses, or setoffs that Debtor could assert against Secured Party except defenses that cannot be waived. All representations,warranties, and obligations are joint and several as to each Debtor. 6. This agreement may be amended only by an instrument in writing signed by Secured Party and Debtor. 7. The unenforceability of any provision of this agreement will not affect the enforceability or validity of any other provision. 8. This agreement will be construed according to Texas law,without regard to choice- of-law rules in any jurisdiction. This agreement is to be performed in the county of Secured Party's Mailing Address, and the county of Debtor's mailing address. 9. Interest on the Obligation secured by this agreement will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the Obligation or, if that has been paid, refunded. On any acceleration or required or permitted prepayment,any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the Obligation or, if the principal of the Obligation has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the Obligation. 10. In no event may this agreement secure payment of any debt that may not lawfully be secured by a lien on real estate or create a lien otherwise prohibited by law. 11. When the context requires, singular nouns and pronouns include the plural. 12. Any term defined in sections 1.101 to 11.108 of the Texas Business and Commerce Code and not defined in this agreement has the meaning given to the term in the Code, Local Government Code, or Government Code, as amended.. 13. Except for inventory collateral, if the Obligation includes purchase money for the Collateral,Debtor's repayment of the Obligation will be applied on a first-in-first-out basis with the effect that the portion of the Obligation used to purchase a particular item of Collateral will be paid in the chronological order in which Debtor purchased the Collateral. Security Agreement Page 7 CITY OF WYLIE, a Texas home rule municipal corporation, By: Mindy Manson, City Manager STATE OF TEXAS ) COUNTY OF COLLIN ) Before me, on this the day of , 2012, personally appeared Mindy Manson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that Mindy Manson executed the same as the act of City of Wylie, a Texas home rule municipal corporation, as its City Manager, for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 2012. Notary Public, State of Texas Security Agreement Page 8 EXHIBIT A 3 � 3 Wylie Community Park Softball & Baseball Wylie, TX Date: July 19, 2011 To: Mike Sferra, City of Wylie Park/Rec & Field Lighting #364-10 Vendor # 528 Quotation Price-Materials and Pole In Air Installation Musco's Light Structure GreenTM as described below and delivered to the job site$343,121. *includes bonding Equipment Description Light Structure GreenTM System delivered to your site in Five Easy PiecesTM • Pre-cast concrete bases • Galvanized steel poles • UL Listed remote electrical component enclosures • Pole length wire harness • Factory-aimed and assembled luminaires Also Includes: • Energy savings of more than 50%over a standard lighting system • 50% less spill and glare light than Musco's prior industry leading technology • Musco Constant 25TM product assurance and warranty program that eliminates 100%of your maintenance costs for 25 years, including labor and materials • Guaranteed constant light level for 25 years, +/- 10%per IESNA RP-06-01 • 1 group re-lamp at the end of the lamps' rated life, 5000 hours • Reduced energy consumption • Control Link®Control & Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors sized for 480 Volt 3 phase Sales tax of the equipment is not included as part of this quote. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. ©2009,2010 Musco Sports Lighting,LLC 1 SD-2565-2 Payment Terms Net 30 days from invoice date Late payment will be subject to service charges of 1 1%per month (18%APR). Musco will make every effort to coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. Delivery to the job site from the time of order,submittal approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Field size of 280'/300'/280'for Field 1; 225'for Fields 2 &3; 250'for Field 4 • 480 Volt, 3 Phase electrical system requirement • Structural code and wind speed=2006 IBC, 90 MPH Exposure C. • Confirmation of pole locations prior to production Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Chris Johnson Field Sales Musco Sports Lighting, LLC Phone: 214-733-2927 E-mail: chris.johnson@musco.com Fax: 866-930-6190 ©2009,2010 Musco Sports Lighting,LLC 2 SD-2565-2 POLE IN AIR SCOPE OF WORK Date: July 19, 2011 Project: Wylie Community Park SB BB Project#: 145319 Owner Responsibilities: 1. Complete access to the site for construction utilizing 2 wheel drive rubber tired equipment. 2. Locate existing underground utilities not covered under the "One Call", mark irrigation systems, sprinkler heads, verify pole locations and field boundary lines per Musco supplied layout. 3. Extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.). Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 4. Electrical design &installation. 5. Provide equipment and materials to install (2) new Lighting Contactor Cabinet and terminate all necessary wiring. Contactor cabinets will be delivered with poles and fixtures. 6. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319) and going through the following steps: 7. Check all Zones to make sure they work in both auto and manual mode. 8. 1 hour comprehensive burn of all lights on each zone. 9. Set base line for the DAS (Diagnostic Acquisition System) 10. Provide onsite area for soils disposal. Musco Responsibilities: 1. Provide required poles, fixtures, and foundations. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management assistance as needed. Musco Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. Lighting Contactor Cabinets will need to be given to on-site electrical contractor. 2. Provide storage containers for equipment as needed and dumpsters for disposal of all packing cardboard and debris. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Provide labor and materials to layout new pole locations per Musco drawings. 5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 6. Provide materials and equipment to install (16) LSS foundations as specified on Layout. 7. Provide and install ground rods for lightning protection per NFPA 780 Code, NEC Section250, and local building codes. Poles 70' and below require a#2 bare copper ground conductor. Poles 75' and above require 2/0 bare copper ground conductor. Ground rods to be not less than 5/8"x 8' long, driven vertically into soil until point is 10' below grade. Ground rods must be installed in soil, not in the concrete backfill. Measure the resistance per NEC 250.56. If greater than 25 ohms, then install 2nd ground rod. Ground conductor to be attached by exothermic fusion welding. (In some cases it may be required to do whatever is necessary to meet the 25 ohm or less perameter). ©2009,2010 Musco Sports Lighting,LLC 3 SD-2565-2 8. Remove spoils to owner designated location at jobsite. 9. Provide materials and equipment to assemble (120) LSG fixtures. 10. Provide equipment and materials to assemble and erect (16) LSS Poles. 11. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 12. Provide startup and aiming as required to provide complete and operating sports lighting system. ©2009,2010 Musco Sports Lighting,LLC 4 SD-2565-2 UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS(front and back)CAREFULLY A.NAME&PHONE OF CONTACT AT FILER[optional] Anita Collins(214) 863-5828 B.SEND ACKNOWLEDGMENT TO: (Name and Address) Anita Collins The American National Bank 301 S.Hwy 78,Wylie Wylie,TX 75098 L THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1.DEBTOR'S EXACT FULL LEGAL NAME insertonlyone debtor name(1aor1b)-donotabbreviateor combine names 1 a.ORGANIZATION'S NAME City of Wylie Texas OR 1b.INDIVIDUAL'SLASTNAME FIRST NAME MIDDLE NAME SUFFIX 1c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 300 Country Club Drive Wylie TX 75098 USA 1d.SEE INSTRUCTIONS ADD'L INFO RE 11e.TYPE OF ORGANIZATION 1f.JURISDICTION OF ORGANIZATION 1g.ORGANIZATIONAL ID#,if any ORGANIZATION home rule munici a Texas DEBTOR I P ) I nNONE 2.ADDITIONAL DEBTORS EXACT FULL LEGAL NAME-insert only one debtor name(2a or 2b) do not abbreviate or combine names 2a.ORGANIZATION'S NAME OR 2b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2d.SEE INSTRUCTIONS ADD'L INFO RE 12e.TYPE OF ORGANIZATION 2f.JURISDICTION OF ORGANIZATION 2g.ORGANIZATIONAL ID#,if any ORGANIZATION DEBTOR I I n NONE 3.SECURED PARTY'S NAME(or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) insertonly one secured party name(3a or 3b) 3a.ORGANIZATION'S NAME The American National Bank OR 3b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY — 301 S. Hwy 78, Wylie Wylie TX 75098 USA 4.This FINANCING STATEMENT covers the following collateral: All of Debtor's interest in the Lighting Equipment and all proceeds of such property,including,but not limited to pre-cast concrete bases,galvanized steel poles,UL listed remote electrical component enclosures,pole length wire,harness, factory-aimed and assembled luminaires purchased by the Debtor from Musco Sports Lighting,LLC.and installed at Community Park located at 800 Thomas,Wylie,Texas 75098. 5.ALTERNATIVE DESIGNATION[if applicable]:[LESSEE/LESSOR nCONSIGNEE/CONSIGNOR nBAILEE/BAILOR nSELLER/BUYER 7AG.LIEN NON-UCC FILING 6.LIL This FINANCING STATEMENT is to be filed[for record](or recorded)in the REAL 7.Check to REQUEST SEARCH REPORT(S)on Debtor(s) n LIL ESTATE RECORDS. Attach Addendum [if applicable] [ADDITIONAL FEE1 [optional) All Debtors Debtor 1 Debtor 2 8.OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY—UCC FINANCING STATEMENT(FORM UCC1) (REV. 05/22/02) International Association of Commercial Administrators(IACA) UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS(front and back)CAREFULLY A.NAME&PHONE OF CONTACT AT FILER[optional] Anita Collins (214)863-5828 B.SEND ACKNOWLEDGMENT TO: (Name and Address) Anita Collins The American National Bank 301 S.Hwy 78,Wylie Wylie,TX 75098 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1.DEBTOR'S EXACT FULL LEGAL NAME insertonlyone debtor name(1aorlb)-do not abbreviate or combine names 1 a.ORGANIZATION'S NAME City of Wylie Texas OR 1 b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 1c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 300 Country Club Drive Wylie TX 75098 USA 1d.SEE INSTRUCTIONS ADD'L INFO RE I1e.TYPE OF ORGANIZATION 1f.JURISDICTION OF ORGANIZATION 1g.ORGANIZATIONAL ID#,if any ORGANIZATION DEBTOR ( home rule municipald I Texas I (NONE 2.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-insert only one debtor name(2a or 2b) do not abbreviate or combine names 2a.ORGANIZATION'S NAME OR 2b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2d.SEE INSTRUCTIONS ADD'L INFO RE I2e.TYPE OF ORGANIZATION 2f.JURISDICTION OF ORGANIZATION 2g.ORGANIZATIONAL ID#,if any ORGANIZATION DEBTOR I I n NONE 3.SECURED PARTY'S NAME(or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) insert only one secured party name(3aor3b) 3a.ORGANIZATION'S NAME The American National Bank OR 3b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY — 301 S. Hwy 78, Wylie Wylie TX 75098 USA 4.This FINANCING STATEMENT covers the following collateral: All of Debtor's interest in the Lighting Equipment and all proceeds of such property,including,but not limited to pre-cast concrete bases,galvanized steel poles,UL listed remote electrical component enclosures,pole length wire,harness, factory-aimed and assembled luminaires purchased by the Debtor from Musco Sports Lighting,LLC.and installed at Community Park located at 800 Thomas,Wylie,Texas 75098. 5.ALTERNATIVE DESIGNATION[if applicable]:nLESSEE/LESSOR [CONSIGNEE/CONSIGNOR nBAILEE/BAILOR n SELLER/BUYER�AG.LIEN�NON-UCC FILING 6. This FINANCING STATEMENT is to be filed[for record](or recorded)in the REAL 7.Check to REQUEST SEARCH REPORT(S)on Debtor(s) I I ((^^II ESTATF RFCORDS. Attach Addendum (if applicable) (ADDITIONAL FEE1 (optional) All Debtors Debtor 1 Debtor 2 8.OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY—UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) International Association of Commercial Administrators(IACA) CERTIFICATE OF RESOLUTION Date: ., 2012 Corporation: City of Wylie, a Texas home rule municipal corporation (the"City") Date of Meeting of Wylie City Council (the "Council") I, the City Secretary of the City of Wylie, certify the following facts: 1. The City Secretary keeps the records and minutes of the proceedings of the Council, and the resolution below is an accurate reproduction of the one made in those proceedings;it has not been altered, amended, rescinded, or repealed; and it is now in effect. 2. The resolution below was legally adopted at a legally called meeting of the Board of Directors pursuant to the Texas Open Meetings Act. 3. The following resolution was adopted by the Council: "RESOLVED, that the Council approves and authorizes the City to finance the purchase of lighting equipment for the City's community baseball and softball field from Musco Sports Lighting, L.L.C. FURTHER RESOLVED,that the Mindy Manson,City Manager,is hereby authorized in the name of City of Wylie and as its own act to execute the Promissory Note and all other loan documents necessary to borrow $438,621.00 from The American National Bank of Texas to the City and to pledge the certain lighting equipment to be purchased with the proceeds of the loan as security for such Note." CITY OF WYLIE by: Carole Ehrlich, City Secretary STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on ,2012 by Carole Ehrlich, City Secretary of the City of Wylie, a Texas home rule municipal corporation. Notary Public in and for The State of Texas Certificate of Corporate Resolution Solo Page CERTIFICATE OF NON-LITIGATION The undersigned, City of Wylie (the "Borrower"), under a certain Loan Agreement (the "Agreement") by and between The American National Bank of Texas (the "Lender"), does hereby affirm and state as follows: 1. To the extent known by Borrower,Borrower is not a party to any litigation or other proceedings and is not under investigation by applicable governmental authorities, which, if determined adversely to Borrower, would adversely affect Borrower's ability to comply with the terms and conditions of the Loan Documents relating to loan in the original principal amount of $438,621.00 (the "Note") from the Lender to the Borrower; 2. To the extent known by Borrower, Borrower has no information or knowledge of changes contemplated in applicable laws, ordinances, or regulations, which would substantially prevent,limit,impede,the use of the unrestricted income of the Borrower, when received,to make the required principal and interest payments of the Note; 3. Borrower has received no notice of violation of any applicable governmental regulation relating to; and SIGNED this day of , 2012. BORROWER: CITY OF WYLIE By: Mindy Manson, City Manager Certificate of Non-Litigation Solo Page NOTICE OF FINAL AGREEMENT Date: , 2012 To: Borrower represents with respect to the Loan identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS,OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTTFS.THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 2. As used in this notice: "Borrower" means the City of Wylie. "Lender" means The American National Bank of Texas "Loan" means the loan by Lender that is to be evidenced by the note of even date, executed by Borrower, payable to the order of Lender, in the original principal amount of$438,621.00 as modified and extended by Borrower. 3. Execution by the Borrower acknowledges, represents, and warrants to Lender that Lender has given the Borrower a copy of this notice on or before the execution of the Note. BORROWER: CITY OF WYLIE a Texas home rule municipal corporation, By: Mindy Manson, City Manger LENDER: THE AMERICAN NATIONAL BANK OF TEXAS By: Anita Collins, Market President Notice of Final Agreement Solo Page CLOSING CERTIFICATE Before me,the undersigned authority,on this day personally appeared the undersigned,who with full and complete knowledge that if it were not for the truth and accuracy of the statements set forth herein, the Loan(as herein defined) would not be made and the proceeds of the Loan would not be advanced,and after being by me first duly sworn,upon oath,did depose,state and certify and affirm as follows: 1. Capacity. The undersigned is an authorized officer of the City of Wylie ("Borrower"). The Borrower is sometimes referred to herein as the "Obligated Party". 2. Purpose of Certificate. This Certificate is given to induce American National Bank of Texas ("Lender") to extend a Promissory Loan in the amount of$438,621.00 (the "Loan") to Borrower as evidenced by that certain Promissory Note dated of even date herewith (the "Note"), executed by Borrower payable to Lender in the stated principal amount of$438,621.00 and as governed by that certain Loan Agreement dated of even date herewith (the "Loan Agreement") between Borrower and Lender. The Loan is secured by, among other things, that certain Security Agreement (the "Security Agreement") dated of even date herewith executed by Borrower and covering the Collateral, as such term is defined in the Loan Agreement and in the Security Agreement. The Note,the Loan Agreement,the Security Agreement and all of the other documents evidencing, securing or pertaining to the Loan are collectively referred to herein as the "Loan Documents." 3. Organizational Status. Borrower is a Texas home rule municipality duly organized and validly existing under the laws of the State of Texas. There exists no default or even which,with the passage of time or giving of notice or both,would constitute a default under the organizational and other governing documents of Borrower. 4. Solvency. The Obligated Party(i)is not insolvent,has not been adjudicated insolvent or applied for the appointment of a trustee or receiver of its business, estate or assets or any substantial part thereof,nor(ii)has commenced any liquidation,reorganization,debt adjustment or other proceedings under any bankruptcy law or other similar law for the relief of debtors. No such proceeding has been commenced against the Obligated Party. No receiver or similar officer has been appointed for the Obligated Parry's business, estate or assets or any substantial part thereof, and no Obligated Party has made an assignment, statutory or otherwise, for the benefit of creditors. There has been no levy or execution or any attachment or similar process against the interest of the Obligated Party in the Collateral. The Obligated Party has not admitted, in writing, its inability to pay its debts as such debts mature. There are no outstanding liens, suits, garnishments or court actions pending against the Obligated Party or which would result in the liquidation,termination or dissolution of the Obligated Party or which would render the Obligated Party bankrupt. Borrower will not be rendered insolvent by its execution and delivery to Lender of the Note and the other Loan Documents, and the capital remaining in Borrower thereafter is not now and will not become so unreasonably small as not to permit Borrower to carry on its business and transactions and all Closing Certificate Page 1 businesses in which it is about to engage. Borrower does not intend to nor does it believe it will incur debts beyond its ability to pay as they mature and the value of Borrower's assets, at a fair valuation, is greater than the sum of its liabilities. 5. Financial Data. All financial statements delivered to Lender regarding each Obligated Party and the Collateral in connection with the Loan have been prepared in accordance with accurate accounting principles consistently applied and fairly represent the financial conditions of such Obligated Party as of the dates specified in such statements and there has been no material adverse changes thereto since such date. All representations and warranties contained in the Loan Documents and other applications and information submitted for purposes of obtaining the Loan, made by or on behalf of any Obligated Party are true and correct in all material respects. In connection with the negotiations leading to Lender's agreement to make the Loan, no Obligated Party nor any agent of any Obligated Party has made any untrue statement of material facts omitted to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. 6. Proceedings. To the extent known by the Obligated Party,there are no actions,suits or proceedings filed, pending or threatened, in any court or before any governmental authority against any Obligated Party or the Collateral, which, if decided against any Obligated Party or the Collateral, would have a material adverse impact on such Obligated Party or on the value or use of the Collateral or on any of the obligations, covenants, or representations in the Loan Documents. Borrower has received no notification that it is in violation of any requirement of any governmental authority,and Borrower is not in violation of any court order. Except as expressly and specifically referred to in the Loan Documents,(i)Borrower has good and indefeasible title,free and clear of all security interests,liens,claims and encumbrances(other than those of Lender),to all of the property to or in which it has granted Lender a security interest, lien or encumbrance pursuant to the Loan Documents, and (ii) such security interests, liens and encumbrances granted to Lender are valid security interests,liens and encumbrances of their recited priority and dignity,and upon proper filing and recordation of the appropriate Loan documents, shall be properly perfected. 7. Authorization. The execution, delivery and performance by Borrower of the Loan Documents has been duly authorized by all necessary action on behalf of Borrower,and such actions do not and will not violate,breach or constitute a default under any agreement,judgment,order,law, rule or regulation to which the Borrower is a party or by which Borrower is bound. 8. Enforceability. The Loan Documents were executed and delivered by Borrower to Lender in good faith and in exchange for a reasonably equivalent value. Upon execution and delivery thereof,the Loan Documents will be valid and binding obligations of the Obligated Parties, as applicable,enforceable in accordance with their respective terms,and the payment or perfotivance thereof will be subject to no offsets, claims or defenses, except to the extent that enforceability thereof may be limited by bankruptcy, insolvency, bank moratorium or similar laws affecting the enforceability of creditors' rights in general. Closing Certificate Page 2 9. Loan Purpose. The Loan is a business loan transaction in the stated maximum amount solely for the purpose of carrying on the business of Borrower and none of the proceeds of the Loan will be used for personal, family or agricultural purposes. The proceeds of the loan will be used by Borrower solely and exclusively for the purposes described above and in the Loan Documents. Borrower is not in the business of extending credit for the purpose of purchasing or carrying margin stock(within the meaning of Regulation U issued by the Board of Governors of the Federal Reserve System),and no proceeds of any loan and/or advances made by Lender to or for the benefit of Borrower hereunder will be used to purchase or carry margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. 10. Errors and Omissions. In the event any of the Loan Documents evidencing and/or securing the above-referenced Loan misstate or inaccurately reflect the true and correct terms and provisions of the Loan and said misstatement or inaccuracy is due to unilateral mistake on the part of Lender, mutual mistake on the part of Lender and Borrower or clerical error, then in such event Borrower shall upon request by Lender and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Lender may deem necessary to remedy said inaccuracy or mistake and Borrowers failure to initial or execute such documents as requested shall constitute a default under the Note evidencing and the Deed of Trust securing the Loan. 11. Relationship. The relationship between Borrower and Lender is solely that of borrower and lender, and Lender has no fiduciary or other special relationship with the Borrower, and no term or condition of any of the Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of borrower and lender. 12. Experience. The representatives of Borrower are knowledgeable business persons with experience in loan transactions and business financing, and in its transactions with Lender, Borrower and representatives have been represented by legal counsel independent of Lender and independent of counsel for Lender. 13. Approval. No further consent or approval of any governmental authority or any regulatory body to the execution,delivery or performance of the Loan Documents is required by law, except the authorization from the Borrower's governing body to authorize the City Manager to execute the Loan Documents. 14. Disclosures Regarding Collateral. Post closing,the undersigned hereby certifies that the Collateral is free and clear from all liens and security interests, except the liens and security interests created by the Loan Documents or otherwise disclosed in the Loan Documents. The Collateral is not subject to any financing statements filed in any public office except for the financing statements related to the Loan Documents. Closing Certificate Page 3 EXECUTED effective as of(although not necessarily on) , 2012. BORROWER: CITY OF WYLIE by: Mindy Manson, City Manager STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on the day of , 2012, personally appeared Mindy Manson,the City Manager of the City of Wylie,in the capacity therein stated, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Notary Public of and for The State of Texas Closing Certificate Page 4 ATTORNEY REPRESENTATION AND FEE LETTER DATE: , 2012 LOAN: NOTE IN THE AMOUNT OF $438,621.00 EXECUTED BY BORROWER, PAYABLE TO THE AMERICAN NATIONAL BANK OF TEXAS ("Lender") BORROWER: City of Wylie 1. STATUS OF THE LAW OFFICES OF RAPIER, WILSON& WENDLAND, P.C. Legal instruments and loan documentation involved in the above referenced loan and real property transaction have been prepared for the Lender by the law offices of Rapier, Wilson & Wendland, P.C. ("Rapier, Wilson & Wendland"). The undersigned acknowledges that Rapier, Wilson&Wendland has acted only as counsel to the Lender,and has not,in any manner,undertaken to assist or render legal advice to the undersigned,with respect to the loan,purchase,or sale,or with respect to any of the documents or instruments being executed in connection therewith. The undersigned further acknowledges that it is aware that it is free to retain its own counsel to advise it regarding the loan,purchase,sale,or to review and render advice concerning any of the documents or instruments being executed in connection therewith. Borrower further acknowledges that Rapier, Wilson&Wendland may have represented Borrower with regard to matters unrelated to the loan and property transaction herein described and consent to Rapier, Wilson & Wendland's sole representation of Lender. In the event future representation of Lender becomes necessary to enforce the documents prepared in connection herewith,Borrower consents to Rapier,Wilson&Wendland's representation of Lender in any matter pertaining thereto. 2. BORROWER'S RESPONSIBILITY FOR PAYMENT OF FEES Borrower acknowledges its obligation to fulfill its agreement with the Lender to pay the legal fees of the Lender incurred in connection with the preparation of legal instruments and loan documentation by making,at the loan closing,a payment in the amount set forth in Paragraph Three directly to Rapier, Wilson& Wendland. 3. BASIS FOR FEE AND AMOUNT OF FEE The fee is intended to provide fair compensation for the services provided to Lender by Rapier,Wilson&Wendland taking into consideration the time and labor required,the complexities of the questions involved and the skill required to perform said services. Other considerations include the expertise of Rapier, Wilson& Wendland in the complexities of the lending practices, the necessary overhead associated with the rendering of the said services and the assumption of risk by the film in the rendering of said services. The fee established for the above described legal services is $800.00. Attorney Representation and Fee Letter Page 1 Borrower hereby acknowledges receiving and reading a copy of this statement, and by its signature affirms its acknowledgment of the accuracy of the statements contained in Paragraphs One and Two. BORROWER: CITY OF WYLIE, a Texas home rule municipal corporation, By: Mindy Manson, City Manager Attorney Representation and Fee Letter Page 2 Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: March 27, 2012 Item Number: G. Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: March 22, 2012 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, an Interlocal Agreement with the City of Murphy for McCreary Road Paving and Drainage Improvements. Recommendation Motion to approve an Interlocal Agreement with the City of Murphy for McCreary Road Paving and Drainage Improvements. Discussion The City of Murphy is planning improvements to McCreary Road between McMillen Road north to McWhirter Road. The project involves the widening of McCreary to four lanes north of McMillen, the installation of underground storm sewer, and improvements to the intersection of McCreary and McMillen. The improvements associated with this project within Wylie city limits would be improvements that would be completed at the time when Wylie widens McMillen Road at some point in the future. The jurisdiction line between Murphy and Wylie generally runs down the center line of McCreary and as such, the project needs to be a cooperative effort. The Agreement addresses construction, pavement marking, signage, landscaping, maintenance, irrigation and lighting. Wylie agrees to secure the necessary right-of-way necessary for improvements to the intersection. Wylie and Murphy have worked together to establish and review probably construction costs and the logical allocation of those costs between the two cities. Wylie's estimated costs are $325,000 which we would propose to fund through a combination of Thoroughfare Impact Fees and savings from already completed bond projects which have come in under budget. Approved By Initial Date Department Director MM 3/22/12 City Manager Page 1 of 1 INTERLOCAL AGREEMENT FOR MCCREARY ROAD PAVING AND DRAINAGE IMPROVEMENTS This Agreement is made and entered into, by and between the City of Murphy, Texas ("Murphy") and the City of Wylie, Texas ("Wylie"), both Texas municipal corporations, acting herein through their duly authorized agents, officers, and employees ("Agreement") on the Effective Date of this Agreement, as hereinafter defined. WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, improvements to be made in the McCreary Road Paving and Drainage Project associated with a common corporate boundary line whose eastern half is fully within Wylie and whose western half is fully within Murphy, as identified in Exhibit"A," attached hereto and incorporated herein for all purposes (the "Project"); and WHEREAS, the governing bodies of Murphy and Wylie desire to foster good-will and cooperation between the two entities; and WHEREAS, Murphy and Wylie deem it to be in the best interest of both entities to enter into this Agreement relative to the Project. NOW, THt1,REFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,MURPHY AND WYLI t+ AGREE AS FOLLOWS: Article I Definitions Wherever used in this Agreement, the following teens shall have the meaning ascribed to them: 1.1 "Effective Date" shall mean the last date of execution hereof. 1.2 "McCreary Road Paving and Drainage Improvements Project" or "MIP" shall mean the improvements that are described in this Agreement, as identified in Exhibit "A," to take place in the northwestern half of McCreary Road from McMillen Road (in Murphy) north to McWhirter Road. Murphy.2012.328.02.27.12 Page 1 1.3 "Murphy" shall also mean the city limits of the City of Murphy, Texas. 1.4 "Storm Sewer Line E" shall mean the new, oversized, underground storm sewer to be constructed in Wylie along McMillen Road (Betsy Lane in Murphy), from the east of McCreary Road to the west of N. Lewis Road in order to convey the portion of the storm water run-off generated in Murphy after the McCreary Road Paving and Drainage Improvements Project is completed. Storm Sewer Line E is identified as such in the MIP construction plans, attached hereto as Exhibit "A." Murphy's contribution of storm water run-off into this system requires Wylie's facility to be oversized to accommodate the additional storm water conveyance. 1.5 "Wylie" shall also mean the city limits of the City of Wylie, Texas. Article II Commencement and Completion 2.1 In accordance with state law, Murphy will let construction of the Project, within 270 days of the Effective Date, and shall diligently pursue the Project to completion said construction. Article III Terms and Conditions Subject to other provisions of this Agreement and consistent with the terms as specified in Exhibit "A", Murphy and Wylie have agreed to the following terms: 3.1 Storm Sewer Line `E' in Murphy's McCreary Road Construction Plans It is anticipated that Murphy's MIP will be constructed in advance of Wylie's McMillen Road Paving and Drainage Improvements project, and therefore, Murphy will construct, operate and maintain this portion of off-site Storm Sewer Line E in Wylie. 3.2 McCreary Road-McMillen Road Intersection a) Wylie requests that the McCreary Road-McMillen Road intersection within Wylie (the "Intersection") be constructed in its entirety with Murphy's MIP. This includes the westbound to southbound left turn lane pavement at the east intersection of McMillen Road and McCreary Road as shown in Wylie's approved construction plans for McMillen Road, that were provided in the MIP, as well as the necessary temporary transition. b) A portion of existing concrete pavement in that segment of existing westbound McMillen Road, immediately west of N. Lewis Road, shall be removed by Murphy and replaced with temporary flexible base. It is understood this segment of McMillen Road is not in use and will be removed and replaced when Wylie improves McMillen Road. Murphy.2012.328.0227.12 Page 2 c) Murphy will install traffic signal conduits at the Intersection for a future traffic signal to be installed and operated by Wylie. 3.3 McCreary Road Pavement Marking and Signage McCreary Road is currently constructed as a two-lane undivided roadway fully contained within the corporate boundary of Wylie. Existing traffic marking on this segment of McCreary Road consists of a double yellow centerline stripe. It is agreed that during the course of pavement marking for the newly constructed southbound lanes of McCreary Road, Murphy will obliterate the pavement marking on the existing northbound McCreary Road and furnish and install lane markings and signage for northbound McCreary Road in Wylie. 3.4 McCreary Road Median Landscaping,Maintenance and Irrigation a) Murphy shall furnish, install and establish solid sod Bermuda Grass along the disturbed areas of construction for McCreary Road, between McWhirter Road and McMillen Road in Murphy. In areas where the median is less than 4-feet in width, Murphy shall furnish, install and establish "Love Grass" (scientific name). b) Murphy shall maintain and irrigate the McCreary Road Median from McWhirter Road to Hickory Top Dr. (Murphy), a.k.a., Creekside Estates Drive (Wylie). c) Wylie shall maintain and irrigate the McCreary Road Median from Hickory Top Dr. (Murphy)to McMillen Drive (Murphy). d) Wylie shall allow Murphy to install a 1-inch irrigation tap and meter on the already existing Wylie 12-inch water line near the intersection of McCreary and McMillen (Wylie) for the purpose of irrigating and maintaining the Betsy Lane median in Murphy. 3.5 McCreary Road Median and Roadway Lighting a) Murphy shall install electrical conduit sleeves across the median openings along the portion of McCreary Road constructed with the MIP and at strategic locations from the median to the parkways in both Murphy and Wylie for future roadway lighting. b) Roadway lighting will not be a part of the MIP. Article IV Allocation of Costs The allocation of costs provided is based upon that probable construction cost, dated February 21, 2012, attached hereto as Exhibit "B," and incorporated herein for all purposes ("Engineer's Opinion of Construction Cost"). The Probable Construction Costs and/or allocation of costs provided below may be amended by written agreement between both parties. Murphy.2012.328.02.27.I2 Page 3 4.1 Cost for Construction of the Storm Sewer Line E a) Costs shall be shared in the manner described in Section 4.1(b) herein for the construction of the Storm Sewer Line E from McCreary Road east right of way to the terminal connection point in Wylie's existing underground storm sewer system, completed in place, including appurtenances and incidentals thereto, based on actual costs, subject to final approval from Wylie. b) Wylie shall reimburse Murphy for its portion of Storm Sewer Line E along McMillen Road on the following percentage basis: Murphy's Responsibility: = 32% Wylie's Responsibility: = 68% c) Murphy shall pay for obtaining and for any land rights secured in the form of drainage easements, if required, in performance of this Agreement. d) Wylie shall pay for obtaining and for any land rights secured in the form of fee title right-of-way for McMillen Road, in performance of this Agreement. 4.2 Cost for McCreary Road-McMillen Road (Wylie)Intersection a) Murphy shall include the construction associated with the Intersection in the MIP. b) Wylie shall reimburse Murphy for the actual cost of construction associated with the Intersection in the MIP. c) Reimbursement cost shall be determined based on the actual contract unit prices and quantities for work associated with the pavement improvements to McMillen Road in Wylie. 4.3 Cost for McCreary Road Pavement Marking and Signage All cost for Murphy removing the pavement marking on the existing northbound McCreary Road and furnishing and installing lane markings and signage for northbound McCreary Road in Wylie as described in Section 3.3 above shall be borne by Murphy. Article V Land Rights and Easements 5.1 Land Rights and Easements for the Storm Sewer Line E a) Murphy shall prepare necessary documents, in forms provided by Wylie, and secure the land rights required to construct, operate and maintain Storm Sewer Line E in the Wylie city limits. Said land rights shall be secured in the form of a drainage and temporary construction easement granted to Wylie ("Easement(s)"). Murphy.2(112.328.02:27.12 Page 4 b) Wylie shall allow Murphy's construction contractor full access to and within the Easement to construct Storm Sewer Line E. c) If Wylie can successfully secure the fee title right-of-way for McMillen Road in advance of the start of construction by Murphy, then no additional land rights shall be required to be obtained by Murphy, and Murphy shall have access to the McMillen Road right-of-way for the purpose of constructing Storm Sewer Line E. 5.2 McCreary Road-McMillen Road (Wylie) Intersection In order to construct the Intersection in Wylie, a portion of the McMillen Road right-of- way must be acquired. In this regard, Wylie shall prepare the necessary right-of-way documents and obtain the necessary right-of-way, in forms provided by Murphy. If the necessary right-of- way is not obtained in advance of construction on McCreary Road, Murphy shall construct a temporary transition at the McMillen intersection that conforms to the current or then existing available right-of-way. Article VI Indemnification/Immunity 6.1 TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS, AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF IT RESPECTIVE OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. THIS AGREEMENT AND THE INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT CREATE ANY CAUSE OF ACTION FOR THE BENEFIT OF THIRD PARTIES OR ANY PERSON NOT A PARTY TO THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 6.2 It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Murphy.2012.328.02.27.12 Page 5 Article VII Miscellaneous 7.1 Relationship of Parties Each of the parties understand and agree that each of the parties performing obligations required by this Agreement is acting as an independent entity and that the execution of this Agreement shall not be construed as creating a joint venture or agency relationship by or among any one or more of the parties. Each party hereto is an independent governmental entity acting pursuant to the state laws and local ordinances regulating its conduct, and by execution of this Agreement, the parties make no representations regarding the validity of the actions taken by any of the other parties hereto. 7.2 Default In the event of a breach of this Agreement by any party hereto, one or more of the other parties may pursue only injunctive relief or specific performance. The Cities waive and release all other remedies. 7.3 Immunity Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to the Cities, either individually or collectively. 7.4 Capacity Each of the signatories below hereby represents that this Agreement has been approved by his or her City Council and that he/she has full capacity and authority to sign and assume all obligations granted and assumed under this Agreement. 7.5 Binding Agreement; Assignment The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. This Agreement may not be assigned without the written consent of the other Party. 7.6 Notices Any notice required or permitted to be delivered hereunder shall be deemed received three days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered to the following addresses: Murphy 2012.328 02.27 12 Page 6 If intended for Wylie, to: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 If intended for Murphy,to: City of Murphy Attn: City Manager 206 N. Murphy Road Murphy, Texas 75094 7.7 Governing Law This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in a court of appropriate jurisdiction in Collin County, Texas. This paragraph is not meant to waive any immunity that may apply to any claim arising out of this Agreement. 7.8 Legal Construction In the event any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 7.9 Recitals The recitals to this Agreement are incorporated herein. 7.10 Counterparts This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 7.11 Exhibits Any exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 7.12 Captions Murphy.2012.328.02.27.12 Page 7 The captions to the various clauses of this Agreement are for informational purposes only and will not alter the substance of the terms and conditions of this Agreement. 7.13 Amendment This Agreement may be amended by the mutual agreement of the parties to it, in writing and attached to and incorporated in this Agreement. 7.14 Survival of Covenants Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 7.15 Entire Agreement This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. Executed on this_day of , 2012. Executed on this_day of , 2012. City of Wylie,Texas City of Murphy, Texas By: By: Mindy Manson, City Manager James Fisher, City Manager Attest: Attest: By: By: Carole Ehrlich, City Secretary Aimee Nemer, City Secretary Agreed as to Form: Agreed as to Form: Courtney A.Kuykendall Wm. Andrew Messer City Attorney City Attorney Murphy.2012.328.02.27.12 Page 8 Exhibit"A" (McCreary Road Paving and Drainage Improvements) Mumny.2012-328.OJ/O6/12 Page 9 CCrY OF MURPHYg TEXAS n Mum CONSTRUCTION PLANS FOR: "�o _1 111 r_ —�3 tnlg .... 1 AND DR ,a IMAGE IMPROVEMENTS .Ja FROM McMILLEN ROAD TO McWHIRTER ROAD 1 LnYOFMIInPHY °[ o� ° 45 M.P.H. DESIGN SPEED � — s ; -�-� -��, S . )o11f -r&fib b/, ffrtiIIIz1, p L . I I ppATIGD Map 1 I CITY COUNCILSHEET INDEX I BRET BALDWIN. MAYOR I JOHN DAUGHERTY, MAYOR PRO—TEM 1 cv+a suit.matwll IMP] MEI&InTrS COLLEEN HALBERT, MAYOR PRO—TEM no-15 PANIC coon s3-4 muPnvm�ir.cLllolfa M mtl➢uutC 6MPJl 511E15 I DENNIS RICHMONO li o--in MINA:Pw1 stos n.Hous BERNARD GRANT Il 30-51 SWAM son Pw1 k PROVE wSols MIKE DANIEL 3 C]A c1mw,PA1tlp1t MUM Mr cmmuns v 21 16c11wiD16 COIGRmcImli owns DAVE BRANDON ��; • M U I� P H Y n_nx t�[LIGnCO11�R� i CITY MANAGER I 1' I LIFE LIVED AT TOUR PACE JAMES FISHER 2 COMMUNITY DEVELOPMENT DIRECTOR gs1 KIM LENOIR PREPARED BY 451:i Duu(Norr,HENDRICI®EL CARTER,L.L.P. 14 1 FEBRUARY, 201Z PCOFfSSIGNALE4GWFFLl15 T....Cum FM �� `4 s 11210 Gmntiilc AI=.Suit:6N '4jF Rv.J.cs.. R,IIa,,Tcw 95141(314)151-72011 ec,/lint-mAu Mkr- knk1=111 u1u,.i kir osy rot tc,wiv IIm¢Emmet lllpen • • \' rat-St p. N2Y Ll moo IVf FV. uT N rs F1vL - � l a SLsI 4t 'DC lr PIS 'Dirt' ro APP. tin v N. crirs7r.syrai am ,y roams L] fr. 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I I I i I 515 two wi 4 I I I 1 1 nee I 11 510 ran van wm E onuo3o • '" �:+ CITY OF MURPHY, TEXAS IR HENDWf1LS &CARTf:tt, L.L.P. Y` era: , ..,I'Ra£19910ILU.L'tiRInE1pW +•• ,x / MrCIIE11/1? ROAD PAVING/MO aMINAC51rannvcreirto inm4nlro ,_ 1 1191r Wao,Ipen rot - L1•• 1121 :1 F j4' 'f-/ PROPOSED SIOW SEWER 1111E'B `-1'641 Ira ir Ma ,Prnr . ` . ,� r J- .O,L PUII PROFlL65TM1ZCIORTO END lEOL6M.a,. L$VjA 1 AJluleunR-0Clrh[LT.n •`a1 O1^ „a.,ci.lVnMnonl,.....mmmer...-o.-cns.., nml it n no nu n.Ir\= ROM G Cron el :nl/AII II—! I _ 575 I i I I 1— � -- - _ I I _ - -- -I— _�. -- _ s]oF. I I I ( I --- — . — --- .-- 575 570 L d 1 I 565 — r:omV n `1� I I 1wn-f In i - - "1- Im.me — _ raan:eaO,_ — �z -.--- 560 — — 1 �,rm ow%>� I I• seo - d - - -- -. e•— _ — ALIT Jra+_•nn • 5fi5 - - -- —I— I I I w. rm.r m ve am . �1 � '- 555 — I I Imti - - _�-- 560 _ 'fit Oa Wrtre I t wPY1n v m . r is 550 I - -J -I- rer¢ 1r n, - - --� � 555 L' I . 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I I owo atm o.m a L, i j ATM ' Orm Nm mm o• 535 5I5 1vi jATERAL '0-3' NO 515 I ATFRAL 'E-1' I eiFRg_��• —y arm LATE13e1 r_e• navmaFF.HCNnnlct6@CAR'PE L.L.R. fi ztnrn 1mlu.omnw,s R i'''�'""• CITY OF MURPHY, TEXAS j niun till / xaenEenrnoee FeYluo MID 0nenuCclurnwerellr, I magma vi;yTlm I�nloLnwnd.e till lm • uv. .i7 f�44- PROPREEOSIOIIMEEWER LAIEMLPnaFltES lfjl =rn. m'ffirn,/n . .u .... In nnnri.ral Iti LI'o .e Hn.L.B+.� °m, mn,wwm.w+iilvw>=n,Iw1rakrira noun rtnw.�r mn 52 LYI, .1 M=r1' .I,Irn .rry T. ¢w+l no Lflrvn Exhibit"B" (Construction Cost) Murphy.2012-328.03/06/12 Page 10 RIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave,Suite 600 Dallas,Texas 75243 Fax (214)461-8390 Phone(214)361-7900 JOHN W.EJIUC{OFF.P.E GARY C HENDRICKS.P.E JOE IL CARTER,P.E PAUL A.CARL INE.P.E. MATT HICKEY.P.E February"21, 2012 ANDREW MATA,JR_P.E JOSEPH T.GRAJEWSKI.nl.P.E Mr. Chris Hoisted, P.E. City Engineer City of Wylie 300 Country Club Road Wylie, Texas 75098 Re: McCreary Road Paving and Drainage Improvements Final Construction Plans Dear Mr. Hoisted: As requested by the City of Murphy, we are enclosing one (1) bound set of final construction plans for the City of Murphy's McCreary Road Paving and Drainage Improvements project, from McMillen Road to McWlurter Road for your review and files. As indicated in our enclosed Inter-Local Agreement Bullet Points Memo dated,November 17, 2011, the McCreary Road project contains shared cost between the Cities of Murphy and Wylie. Our total opinion of probable construction cost for this project is $1,950,000. The breakdown in our opinion of probable construction cost utilizing the criteria established in the aforementioned memo is as follows: • McMillen Road Paving Improvements in Wylie $105,000 • Plus Wylie's portion(68%) of off-site storm drainage Line `E' +$220,000 • Net City of Wylie opinion of probable construction cost $325,000 We are enclosing an itemized opinion of cost for the overall project and the inter-local agreement items for your review and files. We are available to discuss this project further at your convenience. Sincerely ypurs, • Gary C. Hendil Enclosures cc: Mr. James Fisher, City of Murphy RECEIVED Ms. Kim Lenoir, City of Murphy FEB 2 :1 2012 FNGINEERING Texas American Public Works Association 2077 Awarder Environmental Project of the Year $2-$10 Million - Columbian Pump Station Rehabilitation j.ckrizamuryh3A2hl 0-114 ma-man n. p&dbk+stdual plms nyhtdre Tarn Finn F126 BIRIG3OFF, HENDRICKS & CARTER, L.L.P. Project No. 2010-114 PROFESSIONAL ENGINEERS Client: City of Murphy Date: 21-Feb-12 Project: McCreary Road Paving and Drainage Improvements (McMillen Road Through Left Turn Lane in Wylie) By: DBC ENGINEER'S OPINION OF CONSTRUCTION COST (item No. Description Quantity Unit Price Amount 103 Remove and Dispose of Asphaltic Concrete Pavement 244 S.Y. $ 3.50 $ 851.00 104 Full Depth Saw-Cutting Reinforced Concrete Pavement or Walk 47 L.F. $ 4.00 $ 188.00 105 Unclassified Street Excavation 1,560 C.Y. S 8.50 $ 13,260.00 106 Furnish and Place Topsoil(4-inches) 900 S.Y. 5 1.25 S 1,125.00 108 Furnish, Install and Maintain Solid Block Sad 900 S.Y. S 2.75 .$ 2,475.00 110 Construct 12-inch Lime Treated Subgrade 1,506 S.Y. $ 3.25 $ 4,893.85 III Hydrated Lime(Assume 68ir per S.Y. for Bidding) 51 Tons $ 145.00 $ 7,42359 112 Construct 8-inch Reinforced Concrete Pavement 1,366 S.Y. $ 37.00 $ 50,553.10 113 Construct 6-inch Monolithic Concrete Curb 180 L.F. $ 1.75 $ 315.00 114 Construct 6-inch to I-inch Curb Height Transition 3 Ea. 5 100.00 S 300.00 120 Construct Reinforced Concrete Street Header III L.F. $ 18.00 $ 1,998.00 121 Construct Longitudinal Butt Joint 118 L.F. $ 16.00 $ 1,888,00 122 Construct 4-inch Reinforced Concrete Sidewalk 19 S.Y. $ 33.00 $ 627.00 123 Construct Reinforced Concrete Median Pavement with Brick Pavers 80 S.F. $10.00 $ 800.00 124 Construct 6-inch Doweled Curb&Cutter - 224 L.F. $ 2200 5 4,928.00 125 Furnish &Install Broken White Line Traffic Buttons 714 L.F. $ IOU S 714.00 127 Furnish &Install Turn Bay Line I50 LF. $ 2.25 $ 337.50 128 Furnish & Install 24-inch White Thennoplatic Stop Bar 35 L.F. $ 7.50 $ 262.50- 129 Furnish & Install White Thermoplastic Marking"ONLY" I Ea. $ 175.00 $ I75.00 130 ,Furnish & Install WhiteThermoplastic Marking-Straight Arrow 2 En. $ 140,00 $ 280.00 131 Furnish & Install White Thermoplastic Marking-Turn Arrow 2 Ea. S 200.00 $ 400.00 161 Construct 10-Foot Recessed Curb Inlet I L.F. $ 2,700.00 $ 2,700.00 171 Adjust Existing Water Valve Stack I Ea. $ 300.00 $ 300.00 175 Furnish & Install 3-inch PVC Conduit w/Detectable Tope(Signalization) _ 157 L.F. $ 7,00 $ 1,095.50 was&osa tar.bml..tn Page I of 2 RIRKHOFF, HENDRICKS & CARTER, L.L.P. Project No. 2010-114 PROFESSIONAL ENGINEERS Client: City of Murphy Date: 21-Feb-I2 Project: McCreary Road Paving and Drainage Improvements (McMillen Road Through Left Turn Lane in Willie) By: DBC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 176 Furnish &Install Electrical Pull Box (Signalization) I Ea. 5 500.00 $ 500.00 177 Furnish & Install Type"C"Traffic Control Box(Signalization) 2 Ea. $ 750.00 $ 1,500.00 188 Relocate Existing 12"Water Line, Fire Hydrant and Valve 1 L.S. $ 3,500.00 $ 3,500.00 191 Remove&Replace Plastic Split Rail Fence 50 LF. 5 20.00 S 1,000.00 Total Amount(McMillen Pavement In Wylie): $ 104,393.04 Contingencies and Miscellaneous Items Total: $ 104,393.04 USE: $ 105,000.00 'os.r&asa(Rcvbea).*u. Page 2 of 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P. Project No. 2010-114 PROFESSIONAL ENGINEERS Client: City of Murphy Date: 20-Feb-12 Project: McCreary Road Paving and Drainage Improvements (McMillen Road Off-site Storm Drainage Line 'E') By: DBC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 135 Furnish and install I8-inch RCP,Class III, including Embedment 165 L.F. $ 44.00 $ 7,260.00 139 Furnish and Install 30-inch RCP,Class III, including Embedment 46 L.F. $ 72.00 $ 3,31920 140 Furnish and Install 33-inch RCP,Class III, including Embedment 73 L.F. $ 75.00 $ 5,452.50 141 Furnish and install 36-inch RCP,Class Ill, including Embedment 39 L.F. $ 80.00 $ 3,120.00 142 Furnish and install 42-inch RCP,Cluss III, including Embedment 483 L.P. $ 92.00 $ 44,445.20 143 Furnish and Install 48-inch RCP,Class III, including Embedment 1,527 L.F. $ 108.00 $ 164,916.00 144 Furnish and Install 6'x3' Reinforced Concrete Box Culvert 266 L.F. 5 200.00 $ 53,200.00 150 Furnish &Install I8-inch RCP Plug 3 Ea. $ 400.00 $ 1,200.00 151 Furnish &Install 36-inch RCP Plug I Ea. $ 1,000.00 5 1.000.00 166 Construct 4-ft. x 4-0. Wye Inlet with Apron 2 En. $ 3,000.00 $ 6,000.00 167 Construct 5.0. Type "B"Slonn Sewer Manhole 5 Ea. $ 3,500.00 $ 17,500.00 168 Construct 7di.Type"B" Storm Sewer Manhole 2 Ea. $ 5,000.00 $ 10,000.00 192 Remove and Replace 4-Strand Barb Wire Fence 270 L.F. $ 8.00 $ 2,160.00 193 Remove and Replace Steel Gate I Ea. $ 800.00 $ 800.00 Total Amount(Off-site Storm Drainage Line'El: $ 320,372.90 Contingencies and Miscellaneous Items 0% $ - Total: $ 320,372.90 USE: S 321,000.00 w5-Pen542 mrl.ml.xt„ Page 1 of / 14/ Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: March 27, 2012 Item Number: 1. Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: March 22, 2012 Budgeted Amount: Exhibits: One Subject Motion to remove from table and: Consider, and act upon, Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. Recommendation Motion to approve Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. Discussion The Wylie Advocates for Senior Activities (WASA) has an anonymous donor that will match donations up to $20,000 for remodeling of the former Smith Public Library. Within the approved FY 2012 Combined Services Budget there is $50,000 designated for miscellaneous or contingency items that could not be anticipated during the budget preparation process. Should Council wish to approve the request, it can be funded from this line item without affecting the budget. During the February 28th Council meeting, the Council tabled this item and requested that the funding request be considered by the WEDC. The WEDC met March 9th and voted against funding the request because it does not qualify as a project per state law and does not promote business development efforts. Approved By Initial Date Department Director MM 3-22-2012 City Manager Page 1 of 1 ORDINANCE NO. 2012-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2011-18, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2011-2012; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2011-18 setting forth the Budget for Fiscal Year 2011-2012 beginning October 1, 2011, and ending September 30, 2012; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that a certain amendment to the Budget be considered by the City Council; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendment to the FY 2011-2012 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY2011-2012 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2011-18, are, completely adopted and approved as amendments to the said FY2011-2012 Budget. SECTION II: All portions of the existing FY2011-2012 Budget and Ordinance No. 2011-18, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No.2012-08 City Council—WASA Budget Amendment FY2011-2012 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 28th day of February, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2012-08 City Council—WASA Budget Amendment FY2011-2012 GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES BUDGET PROJECTED OTHER AMENDED 2011-2012 PERSONNEL SAVINGS AMENDMENTS 2011-2012 BEGINNING BALANCE $ 7,791,449 $ 7,791,449 REVENUES: Ad Valorem Taxes 14,043,720 - - 14,043,720 Sales Taxes 3,026,000 - - 3,026,000 Franchise Fees 2,241,000 - - 2,241,000 Licenses&Permits 411,000 - - 411,000 Intergovernmental Revenues 600,272 - - 600,272 Service Fees 2,716,000 - - 2,716,000 Fines and Forfeitures 307,000 307,000 Interest&Miscellaneous 354,500 - - 354,500 Total Revenues 23,699,492 - - 23,699,492 OTHER FINANCING SOURCES: Transfers from Other Funds 1,681,997 - - 1,681,997 Transfer from Emergency Communications to Close Fund 248,224 - - 248,224 Use of Fund Balance for General Obligation Debt Services 400,000 - - 400,000 Use of Fund Balance for Equipment for Fleet&Equipment 534,010 - - 534,010 TOTAL AVAILABLE RESOURCES 33,421,162 33,421,162 EXPENDITURES: General Government City Council 82,681 0 13,000 95,681 City Manager 700,600 0 0 700,600 City Secretary 252,154 0 0 252,154 City Attorney 128,000 0 0 128,000 Finance 893,964 0 0 893,964 Facilities 467,209 0 0 467,209 Municipal Court 279,959 0 0 279,959 Human Resources 201,183 0 0 201,183 Purchasing 118,314 0 0 118,314 Information Technology 981,411 0 0 981,411 Animal Control 331,331 0 0 331,331 Public Safety Police 5,658,953 0 0 5,658,953 Fire 5,771,680 0 0 5,771,680 Emergency Communications 1,153,663 0 0 1,153,663 Development Services Planning 485,760 0 0 485,760 Building 681,298 0 0 681,298 Code Enforcement 253,671 0 0 253,671 Streets 1,306,972 0 0 1,306,972 Community Services Parks 1,563,859 0 0 1,563,859 Recreation 212,050 0 0 212,050 Library 1,386,731 0 0 1,386,731 Non-Departmental 3,652,280 0 (13,000) 3,639,280 Total Expenditures 26,563,723 - 0 26,563,723 ENDING FUND BALANCE $ 7,105,663 $ 7,105,663 REQUEST FORM - BUDGET AMENDMENT FISCAL YEAR 2012 RANK 1 OF 2 REQUEST: WASA Donation DEPARTMENT: City Council New Request: New personnel? Salary Grade: Funds already expensed or received? ❑ Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The Wylie Advocates for Senior Activities (WASA) has an anonymous donor that will match donations up to $20,000 for remodeling of the former Smith Public Library. Funds have been identified that can be used to offset this expenditure, and as a result, there will be no impact to the overall General Fund FY 2012 budget. ACCOUNT NO. DESCRIPTION AMOUNT 100 5111 56990 WASA Donation 13,000 TOTAL 13,000 ADDITIONAL COMMENTS: REQUEST FORM - BUDGET AMENDMENT FISCAL YEAR 2012 RANK 2 OF 2 REQUEST: WASA Donation DEPARTMENT: Combined Services New Request: New personnel? Salary Grade: Funds already expensed or received? ❑ Change Level of current personnel? From: To: PURPOSE/OBJECTIVE OF REQUEST: The Wylie Advocates for Senior Activities (WASA) has an anonymous donor that will match donations up to $20,000 for remodeling of the former Smith Public Library. Funds have been identified that can be used to offset this expenditure, and as a result, there will be no impact to the overall General Fund FY 2012 budget. ACCOUNT NO. DESCRIPTION AMOUNT 100 5181 56040 WASA Donation -13,000 TOTAL -13,000 ADDITIONAL COMMENTS: Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: March 27, 2012 Item Number: 1. Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: March 12, 2012 Budgeted Amount: Amended Solid Waste Exhibits: Contract Subject Consider, and act upon, amending the solid waste contract, altering the method utilized to collect residential bulk waste. Recommendation Motion to authorize the Mayor to sign an amended solid waste contract changing the method in which residential bulk waste is collected and increasing the residential rate by forty two (42) cents per household per month. Discussion The current method for collecting bulk waste consists of residents calling CWD and requesting that bulk be picked up at their residence. CWD collects residential bulk once per week and only collects at residences that have called and requested it. Council requested staff investigate a different method of bulk pickup in which the solid waste contractor drive every street once per month and pick up bulk that has been properly placed between the sidewalk and curb, in front of the residence. The cost for changing to this service delivery method is 42 cents per household per month. Approved By Initial Date Department Director J.B. 03-12-12 City Manager Page 1 of 1 AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND COMMUNITY WASTE DISPOSAL,L.P. Effective April 1, 2012 582391.v1 TABLE OF CONTENTS Page 1.00 GRANT 1 2.00 DEFINITIONS 1 2.01. Bags 1 2.02. Bins 1 2.03. Bulky Waste 1 2.04. Bundle .2 2.05. City 2 2.06. Commercial and Industrial Refuse 2 2.07. Commercial and Industrial Unit 2 2.08. Commodity 2 2.09. Commodity Buyer 2 2.10. Construction Debris 2 2.11. Container 2 2.12. Contractor 2 2.13. Curbside 2 2.14. Dead Animals 2 2.15. Disposal Site 2 2.16. Garbage 2 2.17. Hazardous Waste 3 2.18 Household Hazardous Waste 3 2.19. Holidays 3 2.20. Polycart Container 3 2.21. Producer or customer 3 Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page i 582391.v1 2.22. Recyclable Commodities 3 2.23. Refuse. 3 2.24. Residential Refuse 3 2.25. Residential Unit 3 2.26. Rubbish 4 2.27. Stable Matter 4 3.00 SCOPE OF WORK 4 4.00 COLLECTION OPERATION 4 4.01. Service Provided. 4 4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5 5.00 COLLECTION OPERATION 5 5.01. Hours of Operation. 5 5.02. Routes of Collection. 6 5.03. Holidays 6 5.04. Complaints 6 5.05. Collection Equipment 7 5.06. Office 7 5.07. Non-Collection 7 5.08. Interruption of Service 8 5.09. Hauling 8 5.10. Disposal 8 5.11. Emergency Circumstances and Notifications 8 5.12. Point of Contact 9 5.13. Property Damage 9 5.14. Liquidated Damage 9 Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page ii 582391.v1 6.00 COMPLIANCE WITH THE LAW 9 7.00 EFFECTIVE DATE 9 8.00 NONDISCRIMINATION 10 9.00 INDEMNITY 10 10.00 INDEPENDENT CONTRACTOR 10 11.00 LICENSES AND TAXES 10 12.00 TERM 10 13.00 INSURANCE 11 14.00 BASIS AND METHOD OF PAYMENT 12 14.01. Collection and Disposal Rates. 12 14.02. Rate Adjustments 12 14.03. Contractor to Act as Collector 13 14.04. Delinquent and Closed Accounts. 13 14.05. Contractor Billings to City 13 14.06. New Accounts and Account Changes 13 14.07 Charges for Containers not Returned 13 15.00 OWNERSHIP 14 16.00 CONTRACTOR FEE 14 17.00. RECYLE REVENUE SHARING 14 18.00 BOOKS AND RECORDS 14 19.00 TERMINATION FOR CAUSE 14 20.00 NOTICES 15 21.00 APPROVAL 15 22.00 AMENDMENT 16 23.00 FORCE MAJEURE 16 Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page iii 582391.v1 24.00 SEVERABILITY 16 25.00 ENTIRE CONTRACT 16 26.00 COUNTERPARTS 16 27.00 VENUE 16 28.00 ORDINANCES 16 29.00 AUTHORITY TO EXECUTE 16 30.00 ASSIGNMENT 17 31.00 SOVEREIGN IMMUNITY 17 32.00 MISCELLANEOUS DRAFTING PROVISIONS 17 33.00 NO THIRD PARTY BENEFICIARIES 17 EXHIBITS "A", "B" AND "C" ATTACHED Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page iv 582391.v1 AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT THIS AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT (this "Contract"), made and entered into this 1st day of April, 2012, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Community Waste Disposal L.P. , (hereinafter called"Contractor"). WITNESSETH: WHEREAS, Contractor and City entered into a Solid Waste and Recycling Contract with the City dated effective September 1, 2008 (the "Original Contract"). WHEREAS, the parties hereto desire to amend Exhibit's "C" and "B" of the Original Contract and, therefore, this Contract amends and restates the Original Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The City hereby grants to Contractor an exclusive contract to engage in the business of collecting from the Residential, Commercial (excluding temporary) and Industrial Units within the corporate limits of the City and disposing of Refuse and Recyclable Materials and, further, the City hereby grants to Contractor permission to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of Refuse and Recyclable Material, subject to the limitations, terms and conditions hereinafter specified and contained in this Contract. 2.00 DEFINITIONS 2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture, Construction Debris (generated from the Residential Unit only) and other waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those allowed for the applicable Bins or Polycart Containers. Customer shall be responsible for the proper removal of refrigerants, Hazardous Wastes and other hazardous materials from Bulky Wastes and shall properly tag Bulky Wastes as being free of refrigerants, Hazardous Wastes and other hazardous material prior to removal by Contractor. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 1 582391.v1 2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, six inches in diameter, or fifty(50) lbs. in weight. 2.05. City. City of Wylie, Texas. 2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07. Commercial and Industrial Unit. All premises, locations or entities,public or private, requiring Refuse collection within the corporate limits of the City; but not a Residential Unit. 2.08. Commodity. Material that can be sold in a spot or future market for processing and use or reuse. 2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.10. Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.11. Container. A receptacle for the temporary storage of solid waste. 2.12. Contractor. Community Waste Disposal. 2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City roadways (including alleys). 2.14. Dead Animals. Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15. Disposal Site. A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 2 582391.v1 included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17. Hazardous Waste. Waste, in any amount, identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S. C. Section 6901), or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor, oil, gasoline, paint and paint cans 2.18. Household Hazardous Waste. Wastes from households that would be hazardous waste, if not specifically excluded by federal regulations, (HHW) are hazardous wastes contained in consumer products designed and marketed to be used in households, not in industrial settings. Examples include fluorescent light bulbs, paints, wood stains, fuels, batteries, corrosive cleaners, pool chlorine and acid and some pesticides. Examples of other materials that are collected with HHW include motor oil, oil filters, antifreeze, and latex paint. 2.19. Holidays. The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.20. Polycart Container. A rubber wheeled container, with a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. 2.21. Producer or customer. An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2.22. Recyclable Commodities. Material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, including, but not limited to, newspapers (including glossy inserts); plastic jugs and bottles; aluminum and metal cans; and glass food and beverage containers. 2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.25. Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 3 582391.v1 single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27. Stable Matter. All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with these Contract Documents including the Special Provisions and the Performance Standards. A copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01. Service Provided. (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside or alley collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Recycling Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. This shall exclude temporary commercial service. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter in accordance with Section 14.01(b). Contractor shall provide transportation of collected Refuse to the Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 4 582391.v1 Disposal Site for disposal, which responsibility is solely that of the Disposal Site operator. (e) Contractor shall provide transportation and processing of collected recyclables to Contractor's Material Recovery Facility. (f) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. Contractor will provide emergency storm clean up services at a rate of$125.00 per hour per rear load truck, as need is determined by the City. 4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers, Bags and Bundles for Collection. (a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall be placed at curbside for collection. Polycart Containers, Recycling Containers, Containers Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of way, Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart Container, Container, Recycling Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart Container. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement between Contractor and the Commercial or Industrial Unit. Contractor may decline to collect Refuse in Bins not so placed by the customer. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01. Hours of Operation. (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 5 582391.v1 (b) Collection of residential Rubbish and Bulky Waste, and Commercial and Industrial Refuse shall take place according to individual agreement. 5.02. Routes of Collection. (a) Residential Unit routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. Contractor shall provide, at its expense, a map of such Residential Unit collection routes in a brochure to be mailed to each customer affected by a route change at least once during each calendar year and shall make such brochures continuously available at City Hall. The published map shall be of such size to clearly show all pertinent information. The Contractor may, from time to time, propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City approval of the proposed changes, Contractor shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03. Holidays. Contractor may decide to observe any of the Holidays mentioned herein, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04. Complaints. All complaints shall be handled directly by the Contractor. Each complaint shall be given prompt and courteous attention and be resolved within seventy-two (72) hours of receiving the complaint. However, in the case of alleged missed scheduled collections, the Contractor shall investigate, and if such allegations are verified, shall arrange for the collection of the solid waste the same day if called in before 12:00 Noon, but not more than twenty-four (24) hours after the initial complaint was received. Contractor will be responsible for maintaining a log of all complaints received, and will provide the City with a copy of the log on a monthly basis. The log shall indicate at least the following information: • Name of complainant; • Date and hour of the complaint; and • Nature and address of the complaint, and the manner and the date and time of its resolution. Contractor shall meet the timeliness requirements of the performance standards set forth in this Contract at least ninety-eight (98%) of the time, measured on a quarterly basis, or City shall have the right to terminate this Contract by providing Contractor with at least thirty (30) days advance written notice of the termination and the effective date thereof. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 6 582391.v1 Contractor shall continue to provide services under this Contract until the effective date of termination. 5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, and labor (the "equipment"), which are reasonably necessary to collect and transport Refuse and/or recyclables from accounts serviced by the Contractor in accordance with this Contract. The equipment shall be maintained in a safe and clean working condition throughout the term of the Contract and any renewal period. The equipment shall be maintained and painted as often as necessary to preserve and present a well-kept appearance in accordance with normal industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall clean the equipment on a regular weekly basis or more frequently as may be necessary to maintain sanitary and safe working conditions. Contractor will ensure that no fluids leak from contractors equipment onto alleys, streets, sidewalks or driveways and if such leaks or spills occur contractor will remediate the spill and repair the equipment to prevent further leaks or spills. Additionally, the Contractor shall have standby equipment available to regularly complete the daily routes in the event of equipment failure or excessive volumes of collection, which it is obligated to collect and transport in connection with this Contract. The Contractor shall provide the City a list of all identification numbers for collections vehicles operating in the performance of the Contract. Vehicles not listed will not be authorized for disposal under this Contract. Vehicular changes, additions, or deletions shall be made through the City's Public Services Director in writing. Emergency changes, additions, and deletions may be submitted by telephone and followed up in writing. 5.06. Office. The Contractor shall maintain an office. Such office shall be open at a minimum, Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified service representative available to personally answer inquiries, as well as a qualified field supervisor to oversee the daily operations. The office is to include personnel needed to maintain weekly delivery of new and replacement trash carts and make repairs when necessary. The telephone number of the Contractor's office will be widely available to customers. After-hours calls shall be forwarded to a twenty-four hour message center, with calls responded to, by Contractor personnel, the following morning or immediately depending on the nature of the call. Contractor shall advise the City Manager or representative thereof of all emergency service matters. 5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up), the decision of the City shall be final, and the Contractor agrees to abide by said decision. It is specifically understood and agreed that if the customer fails to timely place a Container/cart out, maintains improper or inadequate containers for the nature, volume, or weight of acceptable waste/recycling to be removed from the premises, or places improper bundles or volumes of waste/recycling for collection, or places hazardous waste, special waste, or other refuse in violation of this agreement, the Contractor may Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 7 582391.v1 refrain from collecting all or a portion of such refuse that is rendered not collectable due to any of the aforementioned circumstances. The Contractor shall notify both the City and the customer of the reason for any such non-collection (unless such non-collection is due to the customer's failure to timely place the waste/recycling for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence, and shall indicate the nature of the violation and the correction required in order that such solid waste may then be collected at the next regular collection date. Where a customer notifies the City that acceptable waste/recycling has not been removed from the residents' premises on the scheduled collection day and where no notice of non- collection nor a change in collection schedule has been received from the Contractor, the City shall investigate. If the investigation discloses that the Contractor has failed to collect acceptable waste/recycling from the subject premises without cause, the Contractor shall collect same within twenty-four (24) hours after a collection is ordered by the City, at no additional charge. 5.08. Interruption of Service. In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty-eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay the City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract by providing Contractor written notice of the termination and the effective date thereof 5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing is reasonably prevented. 5.10. Disposal. All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11. Emergency Circumstances and Notifications. Contractor shall use whatever means to notify the City Manager or representative thereof of any changes, due to emergency circumstances, that may require the use of alternative disposal/recycling facilities/sites. In the event that at some future time, there is no disposal site available, costs in disposing of said waste may be negotiated by the City and Contractor in good faith. The Contractor shall notify, at its sole cost and expense, all producers at residential units about complaint procedures, rates, regulations, and days for scheduled collection. 5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designated representative. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 8 582391.v1 5.13. Property Damage. The Contractor shall be responsible for the repair of damage caused by the Contractor's collection equipment. Substantiation of cause shall be determined by mutual agreement of the City and the Contractor. Within fifteen (15) days after receipt of a notice of damages, pending substantiation of cause that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory repairs. Repairs shall be made within one week of notification unless additional time is needed to meet repair requirements. Contractor agrees to notify the resident or business and the City of their course of action and give reasonable timeframe for completion. This shall include remediating any leaks or spills of motor oil, hydraulic fluid, gas or other hazardous material onto alleys, streets, sidewalks, drives or yards. 5.14. Liquidated Damage. In the event the Contractor fails to collect solid waste and recycling within twenty-four (24) hours after an order for collection is issued by the City pursuant to the third paragraph of Section 5.07 above, such failure shall constitute an act of non-collection, and the City may assess Contractor a penalty for each act of non-collection per account, to be withheld by City from payments due pursuant to Section 14.07 below: for each residential account, Twenty-five dollars ($25.00) and for each commercial account, Fifty dollars ($50.00). 6.00 COMPLIANCE WITH THE LAW Contractor shall comply with all rules and regulations of the Texas Commission on Environmental Quality and the Environmental Protection Agency. In this regard, Contractor shall not be required to collect and dispose of any oil, sludge, fecal material, or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or other hazardous, medical, non-conforming or improper waste. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and the party requesting disposal of such materials. City agrees to pass such ordinances as are reasonably necessary to effectuate all terms of this Contract. Both parties and their officers, agents, employees, representatives, contractors and subcontractors shall abide by and comply with all applicable laws in the performance of this Contract. 7.00 EFFECTIVE DATE This Contract shall become, effective upon the execution hereof by all parties and the continuing performance of Contractor shall be governed by this Solid Waste & Recycling Contract from and after such date. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.-rate amendment) Page 9 582391.v1 ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS' FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL,NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING,ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO THIS AGREEMENT. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ, except to the extent such services are performed in accordance with the specific directions of the City. Contractor, its agents and employees shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 12.00 TERM This Contract shall be for a term beginning on the effective date pursuant to Section 7 and continuing through September 1, 2013. Thereafter, this Contract may be extended for an additional five (5) year term upon the written, mutual agreement of the parties, which either party may refuse to enter in that party's sole discretion. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 10 582391.v1 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for which this certificate is executed and are in force at this time. In the event of cancellation, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Workers Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence As an alternative to the above, Contractor may insure the public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a performance bond in the amount of one hundred thousand dollars and no cents ($100,000.00) with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. The Contractor shall provide the City with thirty (30) days prior written notice of any change in insurance coverage which would cause Contractor's insurance coverage to be for amounts less than required by this Contract. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 11 582391.v1 14.00 BASIS AND METHOD OF PAYMENT 14.01. Collection and Disposal Rates. (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and made a part hereof subject to adjustment in accordance with Section 14.02, to be effective April 1, 2012. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all disposal costs. (d) In the event that any commodity collected shall not be marketable for a period of sixty (60) days or longer, City and Contractor upon mutual agreement, shall eliminate that commodity from the Recyclable Materials program and this Contract. 14.02. Rate Adjustments. The rates set forth in the Contract shall remain effective for the period of one (1) contract year from the effective date of this Contract. On March 1st of each year(beginning in the year 2012), any or all rates may be increased or decreased based on the DFW CPI-U, the price of diesel fuel as reported by the Department of Energy, Energy Information Administration, and the published disposal costs of the Garland, Texas landfill. (Current Garland Landfill Gate Price= $35.00 per ton) At least sixty(60) days prior to the date anniversary each year, the Contractor shall notify the City of any such proposed rate adjustment, and upon request, provide the supporting data that is the basis for the rate adjustment. Any justifiable increase or decrease will be determined by the City. In addition, the above-defined rates may be adjusted annually by mutual written agreement between the City and the Contractor in the event of (i) changes in any laws, ordinances, regulatory requirements or guidelines including changes in construction or interpretation thereof or change in the manner or method of construction or interpretation thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments or directives of any court or governmental body of instrumentality thereof; The Contractor shall provide the City documents and records in sufficient detail to reasonably establish the basis to any requested rate adjustment(s) at the time of the request and the City will act reasonably in determining whether it agrees to any such request for a rate increase. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 12 582391.v1 All above-mentioned rate adjustment procedures are agreed to and understood to apply to any and all services provided to commercial and industrial customers as well as residential customers. 14.03. Contractor to Act as Collector. The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Shared Dumpsters). 14.04. Delinquent and Closed Accounts. (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit or Shared Dumpster delinquent in its payments. 14.05. Contractor Billings to City. The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the fifteenth (15th) day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in this Contract. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.06. New Accounts and Account Changes. The City shall notify the Contractor of all new accounts by email or fax (if network non-operational), during working hours. Residential Polycart Containers and Recycling Containers requested on this list will be delivered on the resident's move-in day or within three (3) days after the day of request from the City, whichever is later. Service will begin during the next regularly scheduled collection day after the delivery of the cart or container. The Contractor shall notify the City of any account changes in writing on the same day the account change requests have been implemented. 14.07. Charges for Containers Not Returned. Contractor shall be entitled to collect a Container Replacement Charge applicable to each Container, Polycart Container, or Recycling Container, in the amount set forth on Exhibit "C," from any Terminating Customer (as defined below) who does not return to Contractor (by pickup by Contractor) each Container, Polycart Container, and Recycling Container delivered to such customer by or on behalf of Contractor in connection with the provision of services by Contractor under this Agreement. The City shall use its best efforts to collect from any Terminating Customer the Container Replacement Charge(s) set forth on Exhibit "C". All such Container Replacement Charges shall be paid over to Contractor by the City with the next monthly invoice payment or (upon termination of this Contract, within thirty (30) days of receipt by the City from the customer). As used herein, a "Terminating Customer" is a customer whose service Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 13 582391.v1 with Contractor terminates, whether due to the customer's relocation or upon the termination of this Contract. Commercial and construction waste containers will be delivered to customers within twenty-four(24) hours (excluding Sunday) of City notification. 15.00 OWNERSHIP Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or non-conforming Refuse shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. Title to special, hazardous or non- conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain with the Customer that generated such waste. 16.00 CONTRACTOR FEE The Contractor shall pay to the City five percent (5%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 20th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. The Wylie Independent School District (WISD) is excluded from this franchise fee. 17.00 RECYCLE REVENUE SHARING Contractor shall remit six dollars and twenty-five cents ($6.25)per ton of recycle material collected in the City. Recycle revenue will adjust as commodity prices adjust per Exhibit D. The recycle revenue sharing will be remitted to the City of Wylie. 18.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02; but the City may inspect for the purpose of, including but not limited to, verifying and auditing payments made pursuant to Section 16.00. 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 14 582391.v1 date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by a majority vote, terminate this Contract. 20.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: 300 Country Club Drive Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 2010 California Crossing Dallas, Texas 75220-2310 Attn: President or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed or binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 22.00 AMENDMENT No amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 15 582391.v1 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure, or delay of, performance of its duties if such failure is caused by a catastrophe, riot, public disturbance, accident, military authority, war, act of terrorism, governmental order or regulation, fire, act of God or other similar or different contingency beyond the reasonable control of Contractor. 24.00 SEVERABILITY In the event that any provision or portion hereof shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 26.00 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 27.00 VENUE This Contract shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 28.00 ORDINANCES The Contractor shall conduct Operations under this Contract in compliance with all applicable ordinances of the City; provided however, the requirements of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 29.00 AUTHORITY TO EXECUTE The individuals executing this Contract on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Contract 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 Contract in order for the same to be an authorized and binding Contract on the party for whom the individual is signing this Contract and that Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 16 582391.v1 each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 30.00 ASSIGNMENT This Contract shall not be assigned, unless approved by the City Council prior to the assignment. Notwithstanding the preceding sentence, Contractor my assign its right to receive payments under this Contract in connection with any lending arrangement of Contractor or any of its affiliates. 31.00 SOVEREIGN IMMUNITY The parties agree that the City has not waived its sovereign and/or governmental immunity by entering into and performing its obligations under this Contract. 32.00 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be deemed drafted equally by all parties hereto. The language of all parts of this Contract shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Contract are for the convenience of the parties and are not intended to be used in construing this document. 33.00 NO THIRD PARTY BENEFICIARIES Nothing in this Contract shall be construed to create any right or obligation on any third party not a signatory to this Contract, and the parties do not intend to create any third party beneficiaries by entering into this Contract. IN WITNESS WHEREOF, we, the contracting parties,by our duly authorized agents, hereto affix our signatures and seals as of the 27th day of March, 2012. CITY OF WYLIE, TEXAS A Municipal Corporation of Texas By: Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 17 582391.v1 COMMUNITY WASTE DISPOSAL L.P. By: Greg A. Roemer, President ATTEST: Amended and Restated Solid Waste&Recycling Contract(Community Waste Disposal,L.P.—rate amendment) Page 18 582391.v1 EXHIBIT "A" SPECIAL PROVISIONS CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2008 City Facilities. Bin collection service for City of Wylie facilities shall be provided at no charge, with bins to be provided by the Contractor. Contractor will also provide recycle service for City facilities at no charge. II. Clean-Up Green-Up Campaign. A. Contractor shall provide 2 clean up green up events per year. Contractor shall hold the event within the Wylie City limits at a site agreed upon by the City and the contractor. The event shall last for eight (8) hours unless a different time frame is agreed upon by the City and contractor in writing. At the events contractor will provide residential collection and disposal for: • Household hazardous waste • Electronics • Household metal appliances • Automotive tires • Document shredding Acceptable items are defined by the contractor in the letter dated May 02, 2011 form the contractor to the City of Wylie, offering the clean up green up service to the City. Any changes to the agreed upon definitions will be mutually agreed upon by the contractor and the City. The cost for the clean-up green-up events will be contained in Exhibit C of this contract. III. Informational Services. A. Contractor also agrees to support environmental educational opportunities within the City, as well as other local festivals, events and fundraisers. B. Contractor agrees to link its website to the City's website in order to make available solid waste and recycling information and list the City information on Contractor's website. IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers on the customer's move-in date or within three (3) days after the day of request from the City, whichever is later. If a Polycart Container must be changed out or repaired, Contractor will deliver a substitute Polycart Container within one week after the day of request from the City or customer. V. Pavement Damage in Alleys. A. In addition to the obligation created by Section 5.13 of the Contract, Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. B. Within fifteen (15) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs, which will be performed by City forces and the City shall be reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. C. If the parties cannot reach agreement on the above-referenced liability, damage, or cost of repair; then, the parties agree to submit the matter to non-binding arbitration in accordance with the arbitration rules of the American Arbitration Association. EXHIBIT "B" PERFORMANCE STANDARDS CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2011 Residential and Commercial Hand Collection A. Schedule: Once Weekly. B. Hours of Operation: 7:00 a.m. — 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection: CONTRACTOR will make monthly, brush and bulky collection available to Wylie residents by driving each street and picking up bulk solid waste placed between the sidewalk and curb for collection with a limit of(6) cubic yards per trip and (24) cubic yards per year, per household. Requests for bulk pickup beyond the (24) cubic yards per year maximum will be charged to the resident requesting additional bulk service. Special collection of brush and bulky items will be made available to Residents at the rate negotiated between the Contractor and the customer. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: (a) Polycarts (b) Bundles placed at the curb or alley. (c) Maximum weight bundle or container is not to exceed that which can be lifted by two men, weight less than 150 pounds, and not to exceed 4 ft. x 4ft. x 8ft. G. Commercial Cart Collection Customers with an average weekly volume exceeding two (2) polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: One (1) time weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Recycling 95 gallon Polycart. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to five times weekly. C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non- residential areas. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five (5)working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Container Maintenance: Containers that have been damaged will be exchanged or repaired by the contractor. G. Gates and Enclosures: If a container is located in an enclosure with a gate a fee of $9.06 per container per pickup will be assessed. This fee does not apply unless the enclosure does have a Gate. H. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. I. Casters: Casters and locks are available on containers at a charge of $9.06 per container per pickup. J. Non-Payment: Customers will be notified in writing when thirty (30) days past due. If unpaid after forty-five (45) days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. IV. General A. Office Hours: 8:00 a.m. —5:00 p.m. Monday—Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. EXHIBIT "C" CITY OF WYLIE, TEXAS EFFECTIVE MARCH 1, 2012 REFUSE AND RECYCLING SERVICE: MARCH (2012 Rate) Residential-Single Family $8.80 Duplex Unity-Per Unit $8.80 Trailer Park-Per Unit $8.80 Additional Polycart Container, Per Unit $3.62 Clean-up Green-up service $.15 COMMERCIAL SERVICE: Commercial Hand Collection,per 95 gallon polycart Automated Collection Cost: Once per week $24.40 Two carts once per week $46.38 Front Load Container Rates lxwk 2xwk 3xwk 4xwk 5xwk 6xwk 2 cu yd $ 56.55 $120.74 $222.55 $310.53 $403.01 $ 496.99 3 cu yd $ 77.93 $145.20 $241.98 $335.16 $451.82 $ 536.75 4 cu yd $ 98.58 $184.26 $258.40 $359.82 $463.22 $ 574.51 6 cu yd $115.01 $210.60 $295.74 $407.45 $529.53 $ 654.04 8 cu yd $128.44 $241.75 $333.06 $456.74 $590.97 $ 731.58 Additional Charges Additional charge of$9.06 per pick up for containers on Casters Additional charge of$9.06 per pick up for containers with 4 sided enclosures Additional charge of$9.06 per pick up for containers with locks 8 cubic yard Cardboard Recycling Container 1 X per week $84.28 8 cubic yard Cardboard Recycling Container 2 X per week $176.74 Front load container exchange charge $ 80.84 Extra Pick Ups 2 cubic yard $50.54 3 cubic yard $51.65 4 cubic yard $52.78 6 cubic yard $55.03 8 cubic yard $56.16 Refills 518736-1 2 cubic yard $39.32 3 cubic yard $40.42 4 cubic yard $41.54 6 cubic yard $43.79 8 cubic yard $44.93 ROLLOFF CHARGES: 20 cubic yard per haul $527.98 (M-F) 30 cubic yard per haul $539.51 (M-F) 40 cubic yard per haul $574.06 (M-F) Delivery and Exchange $404.77 (M-F) Daily Container Rental $ 8.17 COMPACTORS: 6 cubic yard compactor haul charge $290.20 (M-F) 8 cubic yard compactor haul charge $325.98 (M-F) 30 cubic yard compactor haul charge $539.51(M-F) 35 cubic yard compactor haul charge $539.51 (M-F) 42 cubic yard compactor haul charge $539.51 (M-F) Disposal will be billed at $34.11 per ton; rates based on 4 ton minimum. Returned check Charge $26.31 COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT Front Load Container Rates Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 Cu Yd $ 71.51 $136.65 $190.97 $265.51 $344.59 $424.94 3 Cu Yd $79.17 $149.41 $206.88 $286.56 $386.30 $458.93 4 Cu Yd $84.29 $157.07 $220.94 $307.63 $395.56 $491.23 6 Cu Yd $98.33 $180.06 $252.86 $348.37 $452.74 $559.22 8 Cu Yd 109.83 $203.05 $284.78 $390.52 $505.30 $625.49 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. CITY BILLS RESIDENTIAL COMMUNTY WASTE DISPOSAL BILLS COMMERCIAL & ROLLOFF (Includes 5% Contractor Fee, excluding WISD) CITY ACCOUNT #9015397 CONTACT UTILITY BILLING 972.442.8131 -FAX 972.442.8105 518736-1 EXHIBIT "D" CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2008 RECYCLE REBATE REVENUE CALULATIONS: Total Revenue from the sale of all commodity (collected in the City of Wylie) times (60%) minus total processing fees. Example; Total Revenue from the sale of commodity $243,191.37 City Share of Gross Revenue (60%) $145,914.82 Less total processing fee $131,069.49 Revenue due to the City $ 14,845.33 Current Value= $6.25 per ton. NOTES Processing fee will be adjusted annually based on DFW CPIU Pricing based on March 2008 Component%will be periodically adjusted based on plant actual results. Per ton value shall not exceed$40.00 518736-1 Wylie City Council CITY OF WYLIE fit AGENDA REPORT Meeting Date: March 27, 2012 Item Number: Work Session Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: February 29, 2012 Budgeted Amount: Exhibits: 1 Subject Hold a Work Session to discuss the 2012 Comprehensive Land Use Plan. Recommendation Direction to move forward with a Public Hearing. Discussion At its March 6, 2012 meeting, the Impact Fee Advisory Committee considered updates to the Comprehensive Land Use Plan, proposed Land Use Assumptions, Capital Improvement Plan, and Impact Fees. The Committee voted 8-0 to recommend approval to City Council and to move forward with calling a public hearing. As a result, Council has adopted an Ordinance to set a public hearing date of April 24, 2012 to consider the Land Use Assumptions, Capital Improvement Plan, and Impact Fees. The last major update to the Comprehensive Land Use Plan was approved in 1999. The proposed 2012 Comprehensive Land Use Plan (The 2012 Plan) does differ in comparison to the 1999 Plan. Therefore the purpose of the work session is to discuss those changes in detail and allow a more informal dialogue prior to holding the public hearing to consider the Plan for adoption. The Land Use Map was updated and approved in 2006. Part of the 2006 update included a Comprehensive Land Use Philosophy which provided criteria for allocating residential, commercial, industrial and public land uses within the Comprehensive Plan. In an effort to align both future community goals and the realities of existing land development patterns, the 2012 Plan provides more detail and widens the scope that shall direct redevelopment and how we grow forward. A Comprehensive Land Use Plan differs from the Official Zoning Map in that Comprehensive Plans are not parcel specific, but very broad areas of land are categorized as sectors. The 2012 Plan is a guide in determining where various zoning districts are placed on individual tracts of land. These sectors of the 2012 Plan define natural and open space; sub-urban areas that primarily include residential development; an urban sector that allows for a more mixed-use type of development; and a fourth sector defined as urban core. The Urban Core provides for a more detailed and innovative type project that seeks to preserve the historic character of Wylie. Areas such as the Downtown Historic District and the South Ballard Overlay would fall into the Urban Core sector. Page 1 of 2 Page 2 of 2 Some sectors may overlap into other sectors, provided the zoning allows for such uses. As such, an `Intensity Scale' has been developed to match the colors on the Land Use Map that represent the various sectors. The scale acts as a key to help staff determine appropriate zoning categories and uses within those categories. Essential elements of the plan include: • Land Use • Transportation&Infrastructure • Parks and Open Space • Healthcare • Education • Public Safety • Economic Development In drafting the 2012 Plan, staff took the following into consideration: 1. Necessary to protect,preserve and sustain. 2. A Comprehensive Land Use Plan is not zoning. 3. The Plan as presented does not require any land to be rezoned. 4. Input arises from various city depai Intents as well as other agencies, including but not limited to WEDC & WISD. Approved By Initial Date Department Director RO 03/27/12 City Manager 1 The Impact Fee Advisory Committee i—• _ _ . 1: r - . . u • ...-.,:.' ... -, , 0 _. •t•t?f. 4 • - ..., .... _ , rir4; .,,• - • :.. .....ic; PROPOSED - .6147114."igib..`1,!•ri ..4.cie '11411' , 2012 , ,,, u ICITY OF WYLIE -_ ii . ----, f - ..,....,1, , _ • 4 L' --:-." ' ' ' C 0 M P R E H E N S IV E LAND USE - I PLAN .. [ . .. -,..: ,_ c . teu % e" .. . r-.1. .J7. .. 14 965.1 - 1. lr: . I., krill I ....rj r t-_ r1W-6. - ':.. 'ANO I NT s—.-2" ''''' IIIL P,I'VIII. • i, 2,P: ! 7.:..v ,'-..--..? '- -4•.,,a iDa-li.1 P. ACV • i —..": • .a i 14.-71 ". .2. del - ' 'II 0.1 ' .t.• p !,=3=6 %7abf - - El-..x.• IIINItillnll , . -1 ' • •-•-• . 1 •••i ME:Me, -"--)0." '21 . , ,......._ —1111hr ... — z. Ali -•• kreil§r- ."P r — — ' • _7' '.cici.'.1 ir - '6.1 43.41 1.- ..•. . .....___ , , „...... . . -- ,....." — -_ - 1 - I l 'a-'1(4V'' 'A. i N.if .4)11/4. ''. -----st ':I ., I ..g / .• /,), ,. _ ••,. , ) ..f Presented by: .. • ) -•, .i.•,. ..LJ .r. ,- City of Wylie Planning Department W' F Alrificeili 7 2 13Cb1(312 City Council Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Impact Fee Advisory Committee Phillip Johnston Chair Gilbert Tamez Vice Chair David Dahl Board Member Matthew Kirk Board Member Ramona Kopchenko Board Member Ron Smith Board Member Ruthie Wright Board Member Tommy Pulliam Board Member Staff Renae 011ie Planning Director Charles Lee Senior Planner Jasen Haskins Assistant Planner Lisa Price Mapping Technician Mary Bradley Administrative Assistant 2012 City of Wylie Comprehensive Land Use Plan CHAPTER 1 - INTRODUCTION 1 A. Statement of Purpose 1 B. Planning Area 2 C. Plan Overview 2 D. Existing Conditions and Future Projections 2 CHAPTER 2 -NATURAL SYSTEMS AND RESOURCES 4 A. Floodplains 4 B. Water Conservation 6 C. Wastewater 6 D. Implementation 6 CHAPTER 3 - LAND USE 7 A. Concept 7 B. Existing Land Use Conditions 7 C. Land Use Categories 8 D. Land Use Map 9 E. Land Use Plan Intensity Scale 10 F. Implementation 11 CHAPTER 4—TRANSPORTATION 12 A. Purpose 12 B. Capital Improvement Projects 12 C. Corridor Plans 13 D. Transit-Oriented Development 13 E. Implementation 13 CHAPTER 5 —PARKS AND RECREATION 15 A. Primary- Vision Components 15 B. Summary of Existing Parks and City-Owned Park Land 17 C. Summary of Park Land Needs 19 D. Implementation 19 CHAPTER 6—REDEVELOPMENT AND OVERLAY DISTRICTS 20 A. Purpose 20 B. Special Overlay Districts 20 1. Downtown Historic District 20 2. South Ballard Overlay District 22 3. Redevelopment Overlay 23 4. Lake Development Overlay 24 Back to TOC 2012 City of Wylie Comprehensive Land Use Plan 5. Healthcare Overlay 24 6. Transit-Orient Development Overlay 24 7. 205 Regional Overlay 24 C. Implementation 26 CHAPTER 7 —ECONOMIC DEVELOPMENT 27 A. Purpose 27 B. Demographics 27 C. Business Center 28 D. Education 28 E. Implementation 29 CHAPTER 8 —HAZARD MITIGATION 30 A. Purpose 30 B. Planning for Mitigation 30 C. Principles of Mitigation 31 D. Hazard Prone Areas (Maps) 32 E. Implementation 34 F. Definitions 35 Back to TOC CHAPTER 1 INTRODUCTION Wylie is at a unique time in its history. Rapid population growth has expanded the City's population by nearly a 175% increase during the last decade. A sizable portion of Wylie is less than twenty years old yet the City is nearing build-out. With the last fully updated Comprehensive Land Use Plan having been completed in 1999, the change from extremely rapid growth to a pattern of slower growth and redevelopment demands a new long term vision for Wylie. A. Statement of Purpose In general, the Wylie Comprehensive Land Use Plan is developed to provide elected and appointed officials, City staff, and the citizens and business owners of Wylie with: 1. A statement indicating the form and direction of Wylie's growth and redevelopment. 2. A guide for decision makers within the City of Wylie as a resource for managing Wylie's economic and physical development. 3. An educational resource for citizens, business owners, and other stakeholders. In addition, the Comprehensive Land Use Plan establishes the basis for future zoning, zoning ordinances, and development decisions by the city officials. This document is intended to be the primary guide for the City. Additional plans adopted by the City of Wylie shall be consistent with this plan. The City Council, Planning & Zoning Commission, and other city agencies will use this plan to support the production of goals, objectives, and strategies. More specifically, this plan coincides with previously adopted development goals and provides the ability to: o Preserve and enhance significant community features, such as Wylie's downtown district and the proximity to the lakes. o Provide a plan which will expand the housing types and residential styles in Wylie, allowing for an 'age-in-place' and diverse community. o Protect natural and environmentally-sensitive areas as well as the remaining open space while making use of those areas for trails, bike routes and other connections. o Maintain and build upon Wylie's unique small town sense of community and identity. 2012 City of Wylie Comprehensive Land Use Plan 1 Back to TOC B. Planning Area Wylie is located about 30 miles northeast of downtown Dallas, the metropolitan center, and approximately 25 miles southeast of McKinney, the county seat. Wylie has a 2010 population of 41,427 and is approximately 95% built out (roughly 600 acres remain undeveloped or as crop/farm land). Wylie's anticipated build-out population is 57,000. In total, Wylie has 3,600 acres of floodplain within the City limits which constitutes 21% of the land cover in the city. The city is uniquely situated between two major lakes (Lavon Lake and Lake Ray Hubbard) which provide recreation opportunities and drinking water for much of the region. Also unique to Wylie is an older historic core surrounded by newer suburban-style subdivisions. The Plan will seek to take full advantage of all the City's unique assets. C. Plan Overview The 2012 Comprehensive Land Use Plan provides a vision for the future of Wylie and serves as a basis for future growth and planning activities that include City policies and issues related to land use, transportation, redevelopment, design, parks and recreation, and infrastructure. This document takes that past growth, future redevelopment, including health and safety standards, to produce the best possible decisions about the community's future. All development related applications should be reviewed in the context of the Comprehensive Land Use Plan. Annexations, zoning cases, and development agreements in particular should work to further the ideas espoused by the plan. Cases which are not discretionary, such as site plans and plats, should also be evaluated for their conformance to the plan. Ordinance changes which are necessary to keep development projects in line with the plan should be considered. D. Existing Conditions and Future Projections Wylie is currently a third-tier suburban city of more than 42,000 people covering about 33 square miles, of which 18 square miles consist of Lavon Lake. Within the next ten years Wylie's population is expected to grow to more than 48,000. While that growth rate is less than the 175% Wylie experienced in the last decade, it still represents an increase in population nearly twice that of the national average. Additionally, Wylie's commercial growth should continue to accelerate as the residential population has reached a point to self-sustain numerous and varied businesses. 2012 City of Wylie Comprehensive Land Use Plan 2 Back to TOC Comparing the following two aerial photos, one can see the large areas of urban growth that have occurred between 2001 and 2010. This illustrates the rate at which Wylie is quickly approaching physical build-out conditions. At the end of 2011, Wylie had approximately 5% of vacant or unplatted land remaining; meaning build out is vastly approaching. 2001 Aerial(Collin County r maps) , _ _______, . . _„ 03231mi mmilm‘- 110 St Paul : �/ IJ,t�\ 2010 Aerial (City of Wylie "'If I ."li 1 mans) o.E 4} Jh '41 + k s a ae.n c p tit I 'riit �f ' 1 it :17 i hi n — �a1 v. �. - .. . . " � " '1 rr� , 116, . CM a.7 - ,4 p Sds alFnon �� k 2012 City of Wylie Comprehensive Land Use Plan 3 Back to TOC CHAPTER 2 NATURAL SYSTEMS AND RESOURCES As stated in the Introduction, Wylie has had rapid growth over the last two decades. However, it has been the growth in the last ten years that has been most impactful. Between the April 2000 Census and April 2010 Census, Wylie grew by 26,295 people (a growth rate of nearly 175%). When considering the average household size of 2.97 persons per household, Wylie has developed approximately 2,000 acres of land over the last ten years. With this much growth, it is imperative for the City and other stakeholders to consider the impacts on natural resources. Land to the northeast of downtown drains into Lavon Lake, while land to the south and west of downtown drains into Lake Ray Hubbard. There are also three large soil conservation service ponds situated northwest of State Highway 78. A. Floodplains There are 3,600 acres of floodplain existing within the limits of Wylie and its Extraterritorial Jurisdiction(ETJ). 21% of total land area within Wylie is floodplain. Four (4) main flood plains are present: one (Trinity East Fork River) adjacent to Lavon Lake and three (Muddy Creek, Rush Creek and Cottownwood Creek) which drain into Lake Ray Hubbard. The Muddy Creek floodplain is a dominant feature in Wylie's landscape, marked by dense trees and visible across the city's large open fields. To date, the City's Engineering Department has made good progress toward protecting these resources through the provisions made in the floodplain ordinance. It is important, however, to also ensure access is available through these areas by means of trail connections and that the very nature of these areas remains fully protected by means of limiting or disallowing floodplain reclamation. 2012 City of Wylie Comprehensive Land Use Plan 4 Back to TOC -.,...y uI r,l ftCity of Wylie CLIlcoka 7-3 1982) :i 546 Co Wi,minykuf 2 cA Lavon Shores L f` 309 Estates " t 4 r Lucas 3286 a Pe �I,_•.I 3 I Cc d r ake WIT Park St Paul C ccPar i Lake -wej 4 . 4. 4 •rk '•rk IL. OW .a1'or) L Wylie (2751 k: W om.S4 3412 . 2514 f. , 111141P1 • tam ` Mill.a 1 i . . a a e ..— 3km K. rL '� •,. 552 2 mi i` PIP?cant I a.o.,.,t DISCLAIMER ms dra US Deer oonplec tor N ____yLV.1 EXISTING FLOOD PLAINS CRy of wre.Vinous 0'Ca 3rd ln011d31 souces Acre used to gather o's 11. City of Wylie lr rJOol.every e?o. Ma de ade �7 to enure Ine acc u3cy or tN5 CITY OF WYLIE data hO rrtor . 3 to3r3rtee s pen Of ITYNi20 35I0 C'fe 30t1l3Cy . 7 Sad data. 2012 City of Wylie Comprehensive Land Use Plan S Back to TOC B. Water Conservation The dramatically-growing population and economic development of not only our City, but the entire DFW area as a whole has put constraints on our natural resources. This growth, combined with the 2010-11 drought, makes it imperative that measures are put into place to protect our most valuable natural resource—WATER. The City of Wylie has adopted a Water Conservation Plan that is consistent with that of the Texas Commission on Environmental Quality (TCEQ) as well as the North Texas Municipal Water District (NTMWD). With the concern of declining water levels of existing reservoirs, the 10% reduction in water uses adopted in 2011 is not enough when considering ongoing drought conditions. The Five Year and Ten Year Municipal Per Capita Water Use Goals of the Conservation Plan should be closely monitored to ensure consistency with TCEQ and NTMWD. In addition, the City should make continuous efforts to keep its citizens and businesses informed with up-to-date reports. C. Wastewater The Alanis Drive treatment plant was taken offline in 2009, and all flow was diverted to the Muddy Creek Regional Wastewater Treatment Plant (MCRWWTP). The Alanis plant can be put into service if the additional treatment capacity is necessary. Currently there is one treatment plant operating within the city limits and/or ETJ. These current facilities are adequate for some future growth and the plant will be expanded as necessary to meet the future treatment needs of the service area. D. Implementation OBJECTIVE 2.00: Abide by the North Texas Municipal Water District restrictions and conservation efforts. OBJECTIVE 2.10: City Staff and Elected Officials should continue to work with other municipalities and water suppliers to improve efficiency in water use. OBJECTIVE 2.20: Adopt Ordinances to allow for native and drought resistant landscaping. OBJECTIVE 2.30: Adopt Ordinances to protect and enhance natural tributaries. OBJECTIVE 2.40: Create and maintain a Floodplain Protection Plan which identifies the fully-developed, 100-year floodplain at build-out conditions. 2012 City of Wylie Comprehensive Land Use Plan 6 Back to TOC CHAPTER 3 LAND USE A. Concept This section of the Comprehensive Land Use Plan serves as the basis by which the City of Wylie will make all land use decisions. The Plan is used as a guide in determining where various zoning districts are placed on individual tracts of land. These decisions affect every stakeholder in the community: businesses, home-owners, government officials, even travelers and visitors. The entire Comprehensive Land Use Plan should be referenced when making any decisions about land use, not just one fragment of the plan. B. Existing Land Use Conditions Development in Wylie originated in a logical pattern with early residential areas developing around the downtown area. 1. Existing Planned Development and Agricultural Zoning Based on the 1999 Comprehensive Land Use Plan, a majority of the City fit into two zoning categories combined. Agricultural and Planned Development made up approximately 62% of the zoning in the corporate limits; with agricultural nearly 55% and Planned Development the remaining 7%. Today, nearly 20% of total land is allocated to Planned Developments, while less than 10% is allocated to Agricultural zoning. 2. Existing Commercial Zoning Existing commercial districts in Wylie are grouped into categories of Commercial (retail and office), Industrial (manufacturing and assembly), and Institutional/Public & Semi-Public (churches, schools, and government facilities). Special Purpose and Overlay Districts also exist throughout the city. These special purpose districts include a mixture of residential and nonresidential uses often times housed in the same structure. Wylie includes several large areas of land zoned Heavy Industrial. North Texas Municipal Water District and the KCS Railroad Switching Yards occupy a majority of these areas, and are primarily located along SH 78 and Brown Street. 3. Existing Residential Zoning Residential developments are divided into three categories based on the approximate lot size for the majority of each subdivision as follows: Low-Density: Min. 1 Acre Single Family-Detached Dwellings Medium-Density: Min. 10,000 S.F. Single Family-Detached Dwellings High Density: Min. 3,000 S.F. Single Family-Attached Dwellings Min. 1 Acre for Multi-Family District Min. 2 Acres for Manufactured Home Subdivision 2012 City of Wylie Comprehensive Land Use Plan 7 Back to TOC C. Land Use Categories The Future Land Use Plan differs from that of the Official Zoning Map in that the Land Use Plan is not parcel specific, but very broad areas of land categorized into SECTORS. • Natural/Open Space Sector: These areas are the least intensive and should be protected and preserved in their natural condition as much as possible. These areas include natural areas, creek corridors, prairies, floodplains, and public/private spaces. Care should be given when projects are presented that are adjacent to open space and natural areas. • Sub-Urban Sector: These areas primarily include residential development of low to medium densities and shall also allow commercial development of very low intensity with the immediate neighborhood as the targeted customer. The Plan shall guide in the development of attractive, inclusive and cohesive residential neighborhoods that offer a mix of opportunities. • Urban Sector: Provides for a wide range of opportunities to "live, work and play". The Urban area primarily supports the retail, service, office, light production and research and development uses. Some high density residential development may occur within the Urban Zone, provided that it is in a mixed-use type setting. • Urban Core Sector: This sector provides for more detailed and innovative projects than the Urban Sector as it preserves and replicates the historic character of Wylie, as well as builds upon a mixed-use type of development that creates a unique pedestrian- friendly atmosphere. 2012 City of Wylie Comprehensive Land Use Plan 8 Back to TOC D. Land Use Map Figure 3.1 LEGEND: 1!11 Natural,Open Space Scow. rTTT Sub-Urban Sector I rban Swot • Urban Core Sector t SCALI ' itunimalIMI ... I I ° tl,;-,:: — ie: 0; tip mnilloa= .si la - m • / , i A wrimmilirMillirat ,,,,-,,, ,--, -...., ! ,LE :-- arisammi '1 siiiiirred1911 411 0 • $ 11, • 4 1 L=.a ti 11 L:" II ,-L,L -IL•Nliz ilf., v„„ - Lavon Lake =111111111aw 3# ' %, .... , . 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Fr,,- iniiiriirliVeLiER -ItYt.lkilir .. , •/rod, _.:,,,,of''.- ;,,,,,,,,,i1j,:ilt.r.,,...C•v:::.107gail.%ell,gritiLimiy,ilfitl,',-5-Nt I.in ki Iii, witliwoi, /, 4 A • ,em.r..-itmi D ±2 Unimangliatr,t5"&m:,t', ,,,,i .. f V% , . v, . ...,,, -3. yi„.•,.,_,v iik,...:-.:.:p., ,,,,,,, k _= - -.:-.,1 1 IR • .,....„. .11. . • ** .,.„ 11\i ,2 zlim -,Frsiiiirigp ge ..114kv"- -. ..11.111'111,-,,"$... filo '7 4 Lo;- on* rz...m, •;: 'ifyit ,r, fd.', IIIIIIII - . . :rettm, •41::•;',„ ,.....,., s _ ...... . ,, . •?,;,,,,,, ft •i/pv 1, / /-- , .0/ • , „.4. , :,..„,. . .-,..fr. / ,.A -.141,-• ,...,..,. ..v. - , CITY OE WYLIE / ' ' •,' 4V'. .7' - -w / ! N;k• - v. / CITY OF WYLIE NOTE:A Comprehensive Plan shall not constitute zoning regulations LAND USE MAP or establish zoning district boundaries. FEBRUARY 2012•Updated- 9 2012 City of Wylie Comprehensive Land Use Plan Back to TOC E. Land Use Plan Intensity Scale The Comprehensive Land Use Plan provides general guidelines for the appropriate location and concentration of development for the major types of land uses, and thereby, provides a basis for planning public services and infrastructure within Wylie and its ETJ. The Plan offers generalized criteria for the testing of zoning regulations and requests for changes in current use, as well as for evaluating newly arising issues and uses. Both the quality and quantity of public as well as private development can be directed by the Intensity Scale, in order to determine how best to utilize Wylie's only nonexpendable resource—our land. The following figures provide criteria for allocating residential, commercial, industrial and public land uses within the Comprehensive Land Use Plan. Application of these criteria will assure the suitability of future land development patterns to achieve the common goals of both the public and private sectors. Figure 3.2 Natural Sub-Urban Urban Urban Core Least Intense Most Intense Figure 3.3 Natural Sub-Urban Urban Urban Core Parks Single Family Residential Multi Family Residential SF Residential Golf Courses Multi Family Residential Commercial Corridor MF Residential Trails Neighborhood Services Light Industrial NS CC Least Intense Most Intense 2012 City of Wylie Comprehensive Land Use Plan 10 Back to TOC F. Implementation Although no changes to the existing Zoning Ordinance would be required to implement the land use sectors, amendments should be considered to address special overlay districts. OBJECTIVE 3.00: Protect land that will integrate with the agricultural flavor and rural character of Wylie. These areas should contain single-family dwellings on a minimum of 1 acre lots. OBJECTIVE 3.10: Initiate proper zoning that would set aside land to encourage professional facilities and to expand upon and support the business environment. OBJECTIVE 3.20: Explore and pursue the expansion of the ETJ in order to protect boundaries and ensure quality development in and around Wylie. OBJECTIVE 3.30: Evaluate opportunities to provide services to persons interested in developing property within our ETJ. 2012 City of Wylie Comprehensive Land Use Plan 11 Back to TOC CHAPTER 4 TRANSPORTATION A. Purpose The Transportation section of the Comprehensive Land Use Plan is a guide to supplement the Thoroughfare Design Standards and to implement the provisions of the Subdivision Ordinance in an orderly, safe, healthy and uniform manner and to put in place safeguards that will promote consistency with long range development plans within corporate city limits and in the City's ETJ. Roadway segments in Wylie are classified as principal 6-lane divided, principal 4-lane divided, or 4-lane undivided. In general, SH 78 is the angular roadway that divides the city into two halves. Most if not all, other roadways run north-south or east-west and are spaced approximately one mile apart. Existing principal divided roadways such as SH 78, FM 544, FM 3412 (Brown Street) and FM 1378 (Country Club Road), connect Wylie to other regions of Collin and Dallas Counties. B. Capital Improvement Projects Commonly, roadway infrastructure develops as the land develops. Wylie has seen tremendous land development since the last update of the Comprehensive Land Use Plan in 1999. With new subdivisions continuing to be added within our corporate limits, major Capital Improvement Projects have been undertaken which total approximately $85 million in construction cost. The Texas Department of Transportation (TxDOT) funded $12.8 million for the expansion of SH 78 from President George Bush Turnpike (PGBT) to Spring Creek Parkway. TxDOT is also scheduled to improve SH 78 from Spring Creek Parkway to State Highway 205 at a projected cost of $16.4 million. These improvements will greatly improve travel time from our southern boundary to our far eastern boundary at State Highway 205. It is important to consider future land uses and how they will impact and enhance our major corridors and gateways to the city. With the opening of PGBT (190) through to I-30, it is important that we continue to strengthen our infrastructure to efficiently bring traffic from the south into the city, particularly along Ballard Avenue. This portion of roadway is funded through 2007 County bonds of $5.4 million with a projected construction cost of$4.1 million. The expansion of Stone Road(FM 544) will also provide another route from the south. Parker Road (FM 2514), while mostly located outside of Wylie, is a major east/west route to US 75 in Plano. Expansion of this roadway by TxDOT is scheduled to begin in 2014. The project also includes the realignment of the Parker Road/Country Club Road intersection which will eliminate an inefficient intersection layout. 2012 City of Wylie Comprehensive Land Use Plan 12 Back to TOC C. Corridor Plans The two major corridors through Wylie, SH 78 and FM 544, are reflecting the pressure for quick commercial development and redevelopment. The quality of development, urban design image, compatibility, and sustainability with adjacent neighborhoods along these corridors will be the most significant image of the City for both residents and travelers through Wylie. Integration of every aspect of the Comprehensive Land Use Plan is vital when considering land use along these major corridors and how it impacts traffic circulation. In 2001 Wylie was successful in working with Kansas City Southern (KCS) Railroad to have the railroad track running parallel to SH 78 removed which resulted in the closure of twelve crossings. This major accomplishment aided in stimulating high quality redevelopment along Wylie's major corridor. There has been over 123,000 linear feet (LF) of roadway completed since 1999, with a total of 92,050 proposed over the next ten years. D. Transit-Oriented Development Transit-Oriented Development is defined as a mix of land use activities consisting of residential, office, retail and entertainment creating a walkable neighborhood located near a transit facility station. A Transit-Oriented Development (TOD) District should be implemented as an overlay component to the Downtown Historic (DTH) District. Although the Dallas Area Rapid Transit (DART) is not presently operating in the City of Wylie, areas surrounding the existing rail line should be studied and set aside to compliment a future transit system. This overlay zone would allow for mixed-used development including but not limited to retail and residential uses within the same structure. E. Implementation The City of Wylie has adopted the 2004 version of the North Central Council of Governments (NCTCOG) Standard Specifications for Public Works Construction together with the Special Provisions to the Standard Specifications. These documents combined with the outlay of the Comprehensive Land Use Plan would afford the opportunity to position the City to retain economic viability and implement the following recommendations: OBJECTIVES 4.00: Provide the highest-quality, safest, and most-efficient system of moving people and goods within and through Wylie. 2012 City of Wylie Comprehensive Land Use Plan 13 Back to TOC OBJECTIVES 4.10: Provide a system that directly responds to and reinforces the land use plan. OBJECTIVES 4.20: Update the Thoroughfare Plan to place emphasis on access to land surrounding the lakes to encourage lake-oriented development. OBJECTIVES 4.30: Lake Shore Drive — shift the "loop" of the existing Thoroughfare Plan eastward to open access for lake-oriented development. OBJECTIVES 4.40: Ballard Avenue — Consider City ownership to enhance redevelopment and reinforce the Downtown Historic District. OBJECTIVES 4.50: Provide a regional system for moving pedestrians and bicycles, which connects to existing and planned systems. OBJECTIVES 4.60: Provide a vision for major corridors which increases quality, development standards, sense of place, and circulation access. OBJECTIVES 4.70: Provide a system of circulation management that will control the number of curb cuts and access into a property on the major highways. OBJECTIVES 4.80: Encourage redevelopment and aesthetic quality of the corridors to more closely reflect the quality of life offered by Wylie. OBJECTIVE 4.90: Study the feasibility and impact of a DART rail station. 2012 City of Wylie Comprehensive Land Use Plan 14 Back to TOC CHAPTER 5 PARKS AND RECREATION This chapter presents a summary of the general themes and key recommendations of the 2010 Parks, Recreation and Open Space Master Plan. The plan recommends a series of actions to improve and expand Wylie's park system, recreational opportunities, and quality of life. Those recommendations stem from a vision outlined in the Parks Master Plan fingers of green, embrace the lakes, and diversity, choice & image) and address acquisition of park land, general improvements to existing parks, the development and provision of recreation facilities, operations and maintenance, and City policy. The recommendations should be implemented or initiated over the same general life of this Comprehensive Land Use Plan, which covers the next five to 10 years. Many of the goals of the recommendations within the Parks Master Plan are similar to those goals of the entire Comprehensive Land Use Plan. A. Primary Vision Components Because Wylie has little undeveloped land available, it is crucial to put in place policies that will allow the acquisition of land and build upon Wylie's overall park system. The following components serve as the overall vision and driving force behind the entire Parks & Trails Master Plan(Fig. 5.1),by which recommendations and priorities are developed. • Fingers of Green — Take advantage of the unique open space opportunities in Wylie, specifically the floodplain corridors along Muddy Creek, Rush Creek, and other creeks within the city. Protect these areas and provide access to them through trails and linear parks. Become a bicycle- and pedestrian-friendly community and provide a first-class regional system of trails that connects schools, neighborhoods, parks, jobs, shopping, and civic areas as well as providing access to neighboring cities and Lake Ray Hubbard and Lavon Lake. • Embrace the Lakes — Become the "City Between Two Lakes". Wylie is the only city in the Dallas-Fort Worth Metroplex that is directly situated between two major lakes. Embrace the lakes because of their recreation and open space values as well as their ability to further enhance the image of Wylie as a unique destination. • Diversity, Choice &Image—Create a community that provides Diversity, Choice, and a refined Image for its residents while also protecting the small-town character of Wylie. Varied opportunities should be afforded for citizens of all ages to live, work and play in Wylie. Self-sustainability and age-in-place achieves continuity from generation to generation. 2012 City of Wylie Comprehensive Land Use Plan 15 Back to TOC Figure 5. I Parks& Trails Master Plan - li �. Itt} �� IW ; ... IIHI1!IIfII11 l,amis . OisIllstssl:?'J cssassas :� .4i'"-- —"A...4, , t 11,** i 1 I i I c 'V,,,,,, III ' ji' , I !j . � ,,,,..A, . , . ... Q iii qi a. -k., Ill if! .--) cc W ID it • , .,\. I .13__ ___ ,......,.... i ill CC Imm /) ,-) ' - . E ri o .....1 ri)h a t,I,:al, O ...I ,.i• \ � it $ } 41 • o F_ .....? y Q I r-- !is,,, . , 3 n 1 0 Lr ti 'i ./...". kit ' 7 • . �O 1' IC t It . ''''' ft I. ' i . ,, \...,_ .".- -.4"2-1,\I\ CII 1_ . , \ 4 il 2012 City of Wylie Comprehensive Land Use Plan 16 Back to TOC B. Summary of Existing Parks and City-Owned Park Land In total, the City of Wylie maintains over 663 acres of park land which constitutes sixteen (16) neighborhood parks, two (2) community parks, two (2) special purpose parks, five (5) open space & nature area preserves, and the Dallas County-owned Muddy Creek Preserve.(Fig. 5.2) In addition to land owned and maintained by the City, other park lands exist in Wylie, most notably the U.S. Army Corps of Engineers (USACE) parks on the shores of Lavon Lake. Considering the sum of City, County, and USACE owned parks within the contiguous city limits, there are over 1,000 acres of park land in Wylie. Hike &Bike/Equestrian Trails There are seven miles of hike and bike trails and five miles of equestrian trails in Wylie. Many of these trails pass through neighborhood parks or open space and nature area preserves. Recreation Facilities The Wylie Municipal Complex houses a 40,000 square foot recreation facility which opened in 2011. The Center provides various activities from Childcare to Zumba. In its first quarter of operations, over 3,000 memberships where sold. The Center should continue to expand and provide a variety of activities for the City's growing population. The Bart Peddicord Community Center is located in historic Downtown Wylie in a former Post Office building. The center is approximately 4,000 square feet in size and is located on a 1/3 acre lot. The center is currently used for City recreation programs, senior center uses, and is available for rentals. A future Senior Center is proposed for 800 Thomas Street which was formally the Rita and Truett Smith Public Library which was vacated in March 2011. The new Library is now located at 300 Country Club Road, Bldg. 300 and consist of a 41,000 square foot facility. Undeveloped Parks In addition to all of the land mentioned so far, Wylie has over 323 additional acres of undesignated land uses. This includes the 253 acre Municipal Complex Property (of which 19.67 acres are occupied by the new City Hall, Recreation Center, and Library; a master plan for the remainder of this property is being developed as part of the Parks Plan project). 2012 City of Wylie Comprehensive Land Use Plan 17 Back to TOC Figure 5.2 Existing&Proposed Parks l i Cihtp 1li1I111IiilII Ii!ii 1; iii icic i : j ; -) ' o IIOC ill lif: az. c=1... ---) --.- = 3 in F 0 � ID— � _ 1 ± � i Iri _ � opt •OI!� �s...,,,, i. 1 11=11_ . liilighlit..11: .. 4=10 ." •' / o r `1�" o' 0 Man ,/ :N" ".. p - \ [ , - a 1n/rii. " % W ;1 `i ►., N. COS ' c- 7 - :'I i • ism' a ._. ..4 ,i, , ,-„N.:, , aj I i cmr RAW ' o , \ CM, ..r'Sir� Ib / W Ai 4 j ,, --r ei/i ,:I J F a 2012 City of Wylie Comprehensive Land Use Plan 18 Back to TOC C. Summary of Park Land Needs An ideal Park Service Area is for all residential areas to be within 1/2 mile of at least one neighborhood park and 1 mile of at least one community park. As illustrated in the Parks Master Plan, there is a need in Wylie for 387 additional acres of park land (acquired by the City or dedicated during development) to meet the needs of the assumed year 2035 build-out population (57,056) and to meet the target Level of Service established in the Master Plan of 20 acres of park land per 1,000 population. Additionally, there is a need for 10 to 12 new neighborhood parks and four (4) new community park sites. As such, the small deficit at build-out for neighborhood parks (eighteen acres) should not be interpreted as there being no future need for additional neighborhood parks. D. Implementation These recommendations stem from the vision outlined above (fingers of green, embrace the lakes, and diversity, choice & image) of the Parks Master Plan, and should be implemented over the next five to 10 years. OBJECTIVE 5.00: Improve bicycle, pedestrian, and vehicular access to and from these parks. OBJECTIVE 5.10: Expand upon the amenities in each park and improve the overall quality of the parks. OBJECTIVE 5.20: Increase amenities and the opportunity for hike/bike and equestrian trails OBJECTIVE 5.30: Enhance the visibility of the parks as a key part of Wylie's character, image, and urban form. OBJECTIVE 5.40: Provide Physical and Visual Connection to the Lakes. These lakes are a valuable resource for Wylie and should be protected and celebrated as a major and unique component of the character and marketability of the City. OBJECTIVE 5.50: Utilize Wylie's vast floodplain system to provide effective parks and open space with pedestrian linkages. OBJECTIVE 5.60: Become part of a larger open space network (i.e., adjacent County trails, etc.) 2012 City of Wylie Comprehensive Land Use Plan 19 Back to TOC CHAPTER 6 REDEVELOPMENT AND OVERLAY SECTION A. Purpose Wylie's population is 41,427, based on the 2010 Census. The amount of available land for new development is decreasing. Figure 3.1 in Chapter 3 indicates that there is less than 5% of vacant land available for new development. It is imperative that redevelopment processes are put in place. The Downtown Historic (DTH) and South Ballard Overlay (SBO) Districts will require special zoning that is unique and viable to the area; while others are sited as Redevelopment Areas that may require innovation to promote reinvestment, revitalization and reuse. B. Special Overlay Districts 1. Downtown Historic District — The focus of this district is to preserve the historic character of Wylie's 100 plus year old downtown while enhancing its marketability which can serve as a stimulus for economic development of the SH 78 Corridor. A detailed plan should be maintained to assure its continued viability, to protect existing viable residences and businesses, and to strengthen its critical role in the City. See figure 6.1 As redevelopment is taking place within the boundaries of the DTH, consideration should be given to expanding the boundaries west to incorporate properties west of the railroad tracks. Part of the consideration should also include what role a potential DART rail line could play in enhancing the DTH character. Consideration of the viability of creating a Downtown Historic District Committee (DTHC) for the purpose of reviewing and recommending an action to the City Council of proposed new construction or substantial renovation, revisions to the ordinance, and planning efforts to fulfill the purpose of the Downtown Historic District Ordinance and to consider future amendments and long range goals of the District. 2012 City of Wylie Comprehensive Land Use Plan 20 Back to TOC Figure 6.1 Downtown Historic District 7-4.. la t ' 42° / 1 I 413 f 7 425 411 417 iii 406 � 415 514 mow 8118 gllw ,„.,„r4:114-11' o 5°9 1 110 {0' 597 �r c: 409 I RS 100 �� 9 _sob. 407 s)4 to -409B (1`_ 2 405 tkL_.=:_, , c,m - 1 >• .i 1 J" 1•, Z W BROWN ST g - L —__ — — BROWN ST' l�l I .. Nam^ fi_._ 308 op ..0_ 3QE i 4 300 . Ji301 IIaf1 FFERSONST- + - -.1-^ :f ' 219 ' Z I :f° y 3R0 j203 200 1 s7 J i LL W M!>�BLE ST� E1 c-. q�Wy j 1 ' _13. Tr/7/ Y — 1in =121- 114 11 i _ 12 �' 47,4,2ii rW.OAK ST y E OAK ST W 1-1. 7 ` /— - 104 p 207 0 5' 105 _ co l t08- Q IN pp . i1I, / / STR�� 1� �� il tta � i t,8 1 ' m- rn o t 20 I�� Eh o ,4 )Nees I ( • 210 I 40 R' F'BUTU 50 2Q5 ,201 1°1 — — I i 2012 City of Wylie Comprehensive Land Use Plan 21 Back to TOC 2. South Ballard Overlay District— The long-range plan of the SBO allows for a mix of residential and non-residential uses and may be located within the same structure in order to promote a balanced and sustainable mixed-use environment. Regulations and guidelines are outlined in order to create a unique character specific to the boundaries of the SBO. These guidelines include but are not limited to design standards that regulate street and sidewalk standards, types of mail boxes, building placement and alternative parking materials. See figure 6.2 Expanding the SBO and providing incentives should be considered, when possible to assist with the assembly of land parcels to help facilitate a more cohesive development. Figure 6.2 South Ballard Overlay District w•• f! j' , d / I es re • r I � I 1 ;• I I aI Sns 9 ' - J Was .RA1f VI 7 I an• —L is...,Mao Tt�r•A►.- 2012 City of Wylie Comprehensive Land Use Plan 22 Back to TOC 3. Redevelopment Overlay — These areas are those neighborhoods that are part of the Accountable Communities Through the Involvement Of Neighborhoods (A.C.T.I.O.N.) Plan and represents the views of all stakeholders that make up a community. The plan should identify the neighborhoods strengths and weaknesses and establish goals for improving the neighborhood. As time passes and as neighborhoods undergo improvement and become more viable, the A.C.T.I.O.N. Plan will continue to be updated and approved by the governing body. See figure 6.3 Figure 6.3NeighborhoodA.CTI.O.N.Plan 1►.ao.n■u...E F. z rdramin Imni':%= F��i'= j El 8....2. ,4" ,,,OV'RIM:Amply= az Empara-amaiVir• ,,,,mh-m--1- 1. Alio a..ii...4-,diriaPO' �� I 11�V w .. _ o.I. Ia ii..:iuunt0..11_ '=,-= __ Mil cIC ..;�.nnlni j j'J 1I --o a/1 __ iliN •♦�11111111111111.....E eY. ak—,=,_0.�� r,Y.i ��HIIIIIIIIIIII�t':1!. IE.F - r:_"�_ _:_1 "IV �� --- � .Inrnlimll�:Ilia nut „� -z-AnuIIIIIIIIU am _ �• 1• = �_�� .,-- � �'`.;;' per .�uunnwupQl.1 . �`' 4murgl{mu'__.mmin� �. itl� 111111111111111111 M. 111~�•-vAl..� -'t+ i � _ __ � I rl � � �� 0" =:1 uiliAtr *.i dal '��• sri+ at L:_: �awl� i *tidal t ai asiOSIV ill 115,1011 '-'' '417 €11711.1111.011,2 410011p_kati !um Iniale,'Ad ,:ii--i-• Phil .-ill r--..EE i kreitiliz num mil IsPa _.--. -iff �ivaoa�mai _►r•■ E n.°j0 ar1$ t;i �4iani /,-111 Ail IIIIIIIIII ;� II liii IIILI I IFil I I I I I jjjl jj I I I I I I I I l I I I I,/( LEGEND 1 Russell Addition 9 Butler Addition 2 Brown&Burns Addition 10 Lovon Terrace Addition 3 Keller's Second Addition 11 Fairview Addition 4 Keller's First AddiIon 12 Bostic Addition 5 Railroad Addition 13 Wylwaod Addtion 6 CaliowayAddttbn 14 Eldridge Addition 7 Southside Addition 15 Caldwel Estates Addition 8 J.M.Butter Addition 16 Holiday Terrace Addition CITY of WYL_I E _SP CITY OFWYI.IE A.C.T.I.O.N. MAP WE: FEBRw, , —WI-- REV5E0°ALE. 2012 City of Wylie Comprehensive Land Use Plan 23 Back to TOC 4. Lake Development Overlay — The concept of lakefront development brings attention and focused quality development to the water's edge. Various types of water-related uses should be considered and planned in these areas specifically where lake views are maximized. Tourist activities, retreat areas, and convention facilities can also be accommodated in lakefront development. See figure 6.4 5. Healthcare Overlay shall utilize the existing assets to promote the establishment of a key medical facility in and around the current Bariatrics Care Center, more specifically those lots within the E.C. Davidson Survey Abstract 267, including but not limited to Tracts 6, 41, 44, and 45 and parcels along FM 544. Although major medical facilities are operating at Renner Road and SH 190, Wylie should press to become a hub for related medical services in support of such major facilities, including but not limited to magnetic resonance imaging (MRI), sports clinics, emergency care and testing laboratories. See figure 6.4 6. Transit Oriented Development (TOD) Overlay: Dallas Area Rapid Transit owns that portion of rail that runs from Plano to the west adjacent to FM 544 and continuing north through the downtown area. Although there are no immediate plans for DART to enter Wylie, there should be feasibility studies to show the impact of a rail station(s) along the existing rail lines. See figure 6.4 A rail station near the intersection of FM 544 and Country Club Road could play a vital role in aiding in the Wylie Municipal Complex becoming a place of destination and a central hub of Wylie. 7. 205 Regional Overlay: Although the city does not have authority to zone property within the ETJ, we should begin regional thinking in regards to future land uses. The Future Land Use Plan shall designate the 205 Regional Overlay District from the centerline of FM 205 west to the eastern city limits boundary and shall include 500 feet north and south from the centerline of SH 78. The provisions of the 205 Regional Overlay District shall apply to all properties fully or partially within the defined area. This overlay district is the primary eastern entrance into the city and should focus on bringing varied commercial retail to the area to support the growing population eastwardly. See figure 6.4 2012 City of Wylie Comprehensive Land Use Plan 24 Back to TOC Figure 6.4 Special Overlay Map Il lt 1 viipriiipiprz-- - - . I iii F111107. i I al ( 1‘ .ra r7 Ili 11111,1 / 44( Vio 1 ( lei _A1111111 I I k mILIAllik .4o-- r.. , --.1 1 , ,11110,0 1 1% .1 Iml: il III!, ill.U1 . Lug immt-m. I.E111111111111 =NNIIIINDI 41 '111-WiiIlia ii fiiiilemis . _ /le .11011111111!EMI EIEMIUggiN171111\ .....N.L/ . •A f4101 '2"=."'""ine. 11111.011, .4.1 i 9 Z I Immo ,1 ‘..iii El k 4 Milla. F,-., ,- so •• - I.Fii- Am .---:: ,i 1--- .....•;,--- . •• :,„„,,12-4 --,--.. i i • . • i_m.... irri- a 1.1 - ,•=2.1.41;im ..- vol 7A1k uM.-.M.M=illaI LD-g-it-I-r-il_,iia 1137,".... .rI a! i,. -fo1:,,1a,-r-,;--,.4-411-•7-,,'--1_--.-11-W,,--1..4.6e1-:1o.-fr,ANd y O,'r,V i.2m..1.zP.I I1NNa 11 .m -,- I1411Ell i x -7-nia a 11 I4i"vr rrr W lA'_ ilJj2ak . h . rI.. r *ig .„11,11,,, FLEGEND L„/4II.i„-;'i,i0i Ii•-,i•..:i ..m•a •,__r_._a;,L i.., = Lakefront OverlaY 1111MtilianiMgaj ri--16114Vfir.ttAttlill ilf. VW! iAllIEFIlhiglig 1,.) ,p, __.,, Lsows,fal iv,-r,:....-:".h.g.,,..i..., ,,,,.. . -....,_,".,,, -. 1 irlso i!;.<:',.--"'o.''qlk:tr,rtkm514iWIIII iii,N. ik 1=1 Healthcare Overlay E. A 1---1 Transtt Onented ir LS-IMI (iit leg lifirPraglitillii5 ) -5"..zire . Development Overlay 1 L. MI .1 , 611-.EarliNIIIIIIIIM raliV,4 flair = 205 Regional Overlay ' gm 11111,40 m__,.... duir,.... ..krimg 7,--;m4.. jz ,,,,,, _:. • Wylie City limits IM . '" 7allt --711aLejlii "'lieMir i4.` I.------s...mum .411111114- al ) _towi ,,,,\,. .1"),Iiliv.1504agieil.:61. ilith.prosi:444 .11.0).1 I iv ppr IP '4!dial \%\2 :r •ft.I.....b 1,1,,,, •-...- vamdr.41:17'73 - Ardwa• .r., -,B, .,_ . ..---:,,-...m. 7 1 I Wylie ETJ Lavon City Limits Lavon ETJ Rockwall ETJ fr- lige,V,ZIII i'!NTh,, - 1'it 1111 Ill ,f'. 4kk"fftr!,:,0, / L 1000 1 [ Garland ETJ Nevada EU .-lioss... --r-) I '''." t W/'"Jill 1184: 41,4441" 40.*.#1:44.0-t I.‘r-yrc'(.:;i1;" Li in.,---st..,ir, ...v to,,,,...,--,,, - , , z .--.14-4, < City of Wylie 1- .t. -...14. ‘‘,/ — OFFICIAL BOUNDARY MAP Crry0flie +ee,&,,_., ABar Muth 2006 -.. ..• 25 2012 City of Wylie Comprehensive Land Use Plan Back to TOC C. Implementation OBJECTIVE 6.00: Create a DTH Review Committee consisting of seven members including; three representatives of the Downtown Merchants Association (DMA), and four citizens at large, one of which could be a member of the Wylie Historic Society to be appointed by the City Council. The Planning Director or his/her designee would serve as the City Liaison. OBJECTIVE 6.10: Implementation of a complete streets program to enhance the walkability of these areas and to make it a safe place for cars,bicycles and people. OBJECTIVE 6.20: Execute public right-of-way abandonments to promote alley improvements. Such improvements would be instrumental in creating connectivity and walkability. OBJECTIVE 6.30: : In order to promote the lake fully as an entertainment overlay district, modification to existing Thoroughfare Plan is required. OBJECTIVE 6.40 Establish design standards for development in lake front district. OBJECTIVE 6.50: Encourage and facilitate quality development adjacent to Wylie's lakes, with a focus on recreational opportunities, entertainment, and quality of life. OBJECTIVE 6.60: Increase active communication with Corps of Engineers. 2012 City of Wylie Comprehensive Land Use Plan 26 Back to TOC CHAPTER 7 ECONOMIC DEVELOPMENT A. Purpose This facet of the Comprehensive Land Use Plan focuses on policies and procedures that strive to implement an aggressive economic development process to help existing businesses relocate and expand. In addition, the plan is designed to aid in attracting and expanding Wylie's industrial parks. It is expected that significant impact will occur with the widening of SH 78, FM 544, Brown Street and Country Club Road. These thoroughfares will bring traffic to and from all points into the city of Wylie to provide economic opportunities and establish varied retail, commercial and industrial uses. A primary goal of the Economic Development section is to promote and maintain a close working relationship between the City, Wylie Economic Development Corporation (WEDC) and the Wylie Independent School District (WISD). In addition, the plan sets out to create a sustainable business community. B. Demographics What began as a small Texas town established in 1886, the City of Wylie has become one of the fastest growing communities in North Texas. With expanding transportation, infrastructure, school system, and aggressive financial assistant packages, Wylie is proving to be a very attractive option for new and expanding businesses. With its roots firmly entrenched as a local rail destination, Wylie has grown over the years to continue to adapt to changing times and technologies. Significant growth for the city began in the 1970's. The 2000 Census marked Wylie's population as 15,132. Since that time, Wylie has seen significant growth in residential development. Residential permits issued between 2001 through 2010 averaged 921.5 per year. Although Wylie is seeing a slowdown in large residential subdivisions, it has still fared well in comparison to its neighboring cities. In 2005, Wylie was distinguished by the Dallas Business Journal as one of the Top 50 "Best Places to Work" in the Dallas-Fort Worth Metroplex. Again, in 2011, the City of Wylie was voted as one of the top 20 "Best Places to Work" in the Dallas-Fort Worth Metroplex. Wylie has also been recognized for maintaining the lowest crime rate in Collin County for cities with a population greater than 10,000. In 2007, Matt Woolsey of Forbes.com, wrote in his article, "America's Fastest-Growing Suburbs", that based upon a percentage of growth from 2000 to 2006, Wylie was rated 8th in the nation with 109.3% growth. Projected growth through year 2035 estimates a population of over 57,000 or an increase of 37% from the current 2010 Census count. 27 2012 City of Wylie Comprehensive Land Use Plan Back to TOC Located within the North Texas Telecom Corridor, Wylie has excellent access to an array of up-to-date technology and technology infrastructure. Wylie is also one of the few cities in the nation to offer fiber optic transmission lines direct to the home to provide enough bandwidth to cover the future needs for many years to come. Currently these fiber optic lines installed by Verizon provide high speed data transmission (up to 30mbps), on- demand television service, and telephone service. C. Business Center With the removal of the railroad tracks along SH 78 and the widening of SH 78, Wylie has the opportunity to undertake an urban design plan that promotes an enhanced streetscape from FM 544 to SH 205. Again, this type of enhancement will aid in promoting economic development along Wylie's major corridors. Wylie's largest private employer base to date is Sanden International, headquartered in Wylie with approximately 275 employees, and 450 employees between all U.S. facilities. A major part of enhancing the viability of Wylie's economic base is to promote Wylie as a major economic center and create a unique community identity which highlights the best of Wylie. Attracting quality retail development will enhance shopping opportunities in Wylie and meet the goods, services, and entertainment needs of the market area. D. Education Public education in Texas is provided by Independent School Districts (ISD) and is not governed by the City, but is self-governing. ISD's are their own taxing jurisdiction and sets their boundaries that overlap city limits and in some instances county lines. Although the city limits fall within Collin, Dallas and Rockwall Counties, the Wylie Independent School District (WISD) boundaries are all within Collin County. WISD serves Wylie residents as well as students residing in Lavon, Lucas, Murphy, Sachse and St. Paul, employing nearly 1,900 teachers, staff and administrators serving 13,000 students. Within 10 to 13 years the projected student population will range between 20,000 and 21,000, which means housing stock will increase land for educational facilities must be considered now. With an ever changing global economy, the City must continue to reach beyond its physical boundaries and establish new opportunities to meet the need of a changing generation. It is imperative for the City, WEDC, WISD and other stakeholders to expand upon programs such as "Wylie Works" that includes the Small Business Reference Center and other online resources that provides advanced training to meet the necessary skills and knowledge to prepare our citizens for the future. 2012 City of Wylie Comprehensive Land Use Plan 28 Back to TOC Currently there are no higher educational facilities within the corporate limits of Wylie. However, Collin College, and the Dallas Community College District are nearby and serve our current population. 1. Collin College is the only public college within Collin County and offers more than 100 degrees and certificates in a broad range of disciplines, including continuing education credits. 2. Dallas County Community Colleges are individually accredited by the Southern Association of Colleges and Schools Commission on Colleges to award the associate degree. In addition to regional accreditation, numerous instructional programs have earned accreditation from national and state agencies, industry councils and/or professional associations. 3. In September 1969, The Southwest Center for Advanced Studies became The University of Texas at Dallas (UTD) and is a member of the University of Texas System. UTD offers 130 academic programs across its seven schools, and is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award baccalaureate through doctoral degrees. A shared vision as well as the sharing of information between the city and education providers is essential in order to accomplish the goals of the Economic section and make Wylie a comprehensive sustainable community including both public and higher education opportunities. E. Implementation OBJECTIVE 7.00: Adopt an aggressive economic development process to help existing industrial park tenants to relocate from Wylie's major linear corridors: FM 544 and SH 78. OBJECTIVE 7.10: Promote "innovation zones" whereby research and industrial uses may intersect and benefit from close proximity of each other within a campus type environment. These areas include such users as innovation-based companies, high technology, biomedical, renewable energy research and similar. OBJECTIVE 7.20: Promote multi-tenant development with flexible office space and common amenities. OBJECTIVE 7.30: Work closely with Wylie Economic Development Corporation to promote Wylie and encourage quality retail development. OBJECTIVE 7.40: Continue to perform and promote facilities planning for various educational sites throughout the city. 2012 City of Wylie Comprehensive Land Use Plan 29 Back to TOC CHAPTER 8 HAZARD MITIGATION A. Purpose The Federal Emergency Management Agency (FEMA) requires that all municipalities and counties have a pre-disaster mitigation plan in place. This component of the Comprehensive Plan correlates with the City's Emergency Management Plan and focuses on policies and procedures that strive to address hazard avoidance and mitigation in Wylie, and to reduce the vulnerability to damage, injury and loss of life and property. Although it is impossible to cover every facet or situation of a hazard, this chapter should be used as a guide in hazardous awareness. Mitigation is defined as sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the costs of disaster response and recovery. Integrating mitigation concepts into the Comprehensive Master Plan results in a permanent implementable plan in the community's development process; including all aspects of pre-disaster preparedness and post-disaster response. B. Planning for Mitigation First, the choice of any mitigation approach should be based on a thorough investigation of each site in order to evaluate all pertinent characteristics of a specific hazard. Hazards do not recognize political boundaries — areas covered by the plan must appropriately relate to hazards — multi-jurisdictional and regional planning can be a most effective approach to reduce area-wide vulnerability problems. While Collin County Local Mitigation Strategy has identified Flooding, Dam Failure, and Wildland Fires as Natural Hazards that have potential to cause damage countywide, the City of Wylie has taken it a step further to address the situation at the local level. The current zoning ordinance, building codes and subdivision regulations are means whereby we can place safeguards to protect the built environment. Such measurements include but are not limited to prohibiting one way in and one way out of neighborhoods in order to provide clear access in the event of an incident or disaster, limiting the number of contiguous residential structures that can be built without a break. In addition, these same tools impose construction standards on what are allowed and acceptable materials in hazard areas. Creating buffers for certain hazard prone areas can play a vital role in planning for hazards. For instance, zoning codes require landscape buffers; masonry/screening walls as well as other mechanisms not merely for visual purposes, but these same buffers can be instrumental in protecting adjacent properties from damage. Buffer placement and width should be determined by physical characteristic of the subject property and should be widest where the potential for damage is greatest. Special attention should 2012 City of Wylie Comprehensive Land Use Plan 30 Back to TOC be given to Wildland/Urban Interface type facilities when such facilities are located adjacent to homes and other structures. Mitigation planning involves not only public safety, but the city as a whole. The local government should continue enacting and enforcing building codes, zoning ordinances and other measures to protect life and property. Variance request that add to the vulnerability and risk of the community should be heavily scrutinized, especially when reduction of setbacks are part of that request. Designating high hazard risk areas for recreational or other low-density uses and preventing the construction of residences, businesses and public buildings in areas designated as Natural/Open Space Sectors according to the Land Use Categories of Chapter 3 will aid in the preservation of open space as well as create a protective barrier for other areas of the city. C. Principles of Mitigation Principles for hazard mitigation and protection of human life against the effects of natural disaster include many aspects. 1. Evacuation: This directly relates to other established and adopted plans throughout the city. As part of the Comprehensive Zoning Ordinance, all new subdivisions are required to have two points of access. Not only does this conform for everyday public safety measures, it also provides a safe route to allow for population evacuation in the event of an impending natural disaster. 2. Protection: The areas outlined in the Redevelopment Chapter of the overall Comprehensive Master Plan are crucial in terms of protecting high risk areas. These are older neighborhoods that may contain a higher number of older less stable structures. Steps should be taken through Building Code Enforcement to eliminate inappropriate and unsafe structures when opportunities arise. The Building Official should continue to monitor and update necessary codes to ensure that Manufactured Home Subdivisions as well as portable buildings; which are categorized as high risk areas; meet all required tie-down regulations governed by State and local building codes. 3. Education: Community involvement and awareness is key in mitigating danger. By involving the community and providing educational tools and tips gives the community at large a sense of potential problems and offers options of how they may address those problems. 2012 City of Wylie Comprehensive Land Use Plan 31 Back to TOC D. Hazard Prone Areas —Vulnerability and Risk Exposure lit II bp rs � b 3 a� �� IIJ hHlljl1it11 m L r V C �!" iilh u1[�ilill11 111 iit thbth1 ^i1t� itR• O W 4, 81W 11� O '''''''',..AIELIT". - 11ImP '•• ' .. 1 • __„.;,) ILIAC. R I { I LT 1 II • 1 A LL Ya I l: 13 _ I IF , . . _..._„,w- ! \..._., <..... 417 _. . i., ...k. A 0 .,. ril - ‘... - -- , imbili,. u �; i S I Is '4 ,..., .: 1 _r_______-- /I _::. F. _ � • .. lf. ,, ja ,,,,_ ..; ,. _ li iLle. 0.1111111. ' :- MI . _ V"- • 2012 City of Wylie Comprehensive Land Use Plan 32 Back to TOC iv 0 Map 8.2 s2'. -7.--"; — ,.., ' ' •:•-- - ...!* , . Regional Mitigation —,—--- ;� Strategy Collin County + 4` Wylie z •a...� L '1. with Flood Zones 1 i -1 ) �7 i t~ f/ Single Family Homes z •`' '� ,� ../ / �' Multi-Farm Homes - " ..:,� y C Mobile Homes 4 Commercial Utility 11 ..-1 r Grassland(Farmland _. /•�J .- Other I- , I J Flood Zone '` " J:C J� . .(3 100 Year(A) .1' f' 100 Year(AE) i./em "� 0111W ` sII•I. '''r:'. u*t at ,• :fil c'''. i 0. 0.0.000.0 401 .4 1.Oa Mti�rMr/�..Yr 10/0 •RA...... .n..r•11 ./0_ 0 -1 0 C) E. Implementations OBJECTIVE 8.00: Coordinate with Wylie's Emergency Management Coordinator to ensure that proposed updates to all portions of the Comprehensive Master Plan do not compromise the ability to provide essential emergency response and recovery facilities as described in the City of Wylie Disaster Recovery Plan. OBJECTIVE 8.10: Eliminate or minimize inappropriate and unsafe development in identified natural hazard areas when opportunities arise, including the identification and prioritization of properties deemed appropriate for acquisition, or structures and buildings deemed suitable for elevation, retrofitting, and relocation, in accordance with State Law and adopted Building Codes. OBJECTIVE 8.20: When deemed necessary by the Emergency Management Coordinator, those regulations of the Zoning Ordinance are temporarily suspended for sixty (60) days in order to allow residential use of appropriate non-residential facilities, including those in non-residential districts; in accordance with Texas Government Code, Chapter 418 Emergency Management, Sec. 418.020 - Temporary Housing and Shelter, as amended. OBJECTIVE 8.30: When deemed necessary by the Emergency Management Coordinator, allow seven (7) or more unrelated persons to domicile in Single-Family and Multi-Family facilities for City qualified victims of natural hazards or disasters for no more than six (6) months. Prior to the six month expiration date, a qualified victim of natural hazard may petition the City Council for an extension. Such petition must be submitted in writing to the Planning Department ten (10) days prior to the requested meeting date. City Council may grant the request for a specific period of time. OBJECTIVE 8.40: Identify areas, structures, and people at risk from hazards and the likelihood and severity of such risk. This would include those structures in place prior to the adoption of this ordinance. OBJECTIVE 8.50: Limit variances and property tax reductions that subsidize vulnerability and risk. OBJECTIVE 8.60: Create Hazard Area Maps: Maps are very effective tools to clearly depict vulnerability and areas at risk in relation to people, facilities, and infrastructure. OBJECTIVE 8.70: Continue to monitor and evaluate the effectiveness of existing mitigation measures and practices. OBJECTIVE 8.80: Planning and implementing policies that control the potentially hazardous impacts of storm water run-off OBJECTIVE 8.90: Require NIMS training for all necessary employees. 2012 City of Wylie Comprehensive Land Use Plan 34 Back to TOC F. Definitions Critical Facility means a facility for which even the slightest chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, emergency medical receiving facilities, police, fire and emergency response installations which produce, use or store hazardous materials or hazard waste. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the area of special flood hazard. Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, domestic or international terrorism, extreme heat, other public calamity requiring emergency action, or energy emergency. Hazardous or high risk use is any use which in the determination of the Building Official, Planning Director, or Fire Marshal (or their designee) presents a health or safety hazard due to excessive smoke, dust or odors, toxic fumes, noise, vibration, or danger of fire, explosion or radiation and involving materials meeting the "Degree of Hazard—4" criteria of the Uniform Fire Code. Nonconforming structure means a structure that does not conform to the design regulations of this ordinance and the zoning district in which it is located, but was lawfully erected under the regulations in force at the beginning of operation and has been in continued use since that time. Organized volunteer group means an organization such as the American National Red Cross, the Salvation Army, the Civil Air Patrol, the Radio Amateur Civil Emergency Services, a volunteer fire department, a volunteer rescue squad, or other similar organization recognized by federal or state statute, regulation, or memorandum. Public facility has the meaning assigned by Section 102, Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5122). Temporary housing has the meaning assigned by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as amended. 2012 City of Wylie Comprehensive Land Use Plan 35 Back to TOC Urban-Wildland Interface may be defined in two ways: • From an urban planning/design perspective: The region on the fringe of urban development where structures occur in a primarily undeveloped landscape. • From a fire management perspective: Any area where potential dangerous combustible fuels are found adjacent to combustible homes and other structures. 2012 City of Wylie Comprehensive Land Use Plan 36 Back to TOC Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: 03-27-2012 Item Number: Work Session Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 03-22-2012 Budgeted Amount: Proposed Floor Plan Exhibits: Budget estimate Subject Present and discuss proposed floor plan for renovations of the old Library for use as a Senior Center. Recommendation Give staff feedback on the proposed floor plan. Discussion McCarthy Architecture was retained to look at the Old Library and design an functional and affordable floor plan for renovating the building and using it as a Senior Center. Mr. John Womble and Kelly McCarthy toured and measured the facility and received impact from staff and from a WASA committee. The estimated cost of the renovation proposed is approximately $50,000. The WASA board has reviewed the floor plan and indicated their support. Approved By Initial Date Department Director JTB 03-22-2012 City Manager Page 1 of 1 MCCARTHY ARCHITECTURE March 14, 2012 PROJECTED BUDGET CITY OF WYLIE SENIOR CENTER Item Total Amount Cost Total Cost Demolition Allowance $3,000 New Wall 155LF $25/LF $3,875 Tape,Bedding&Paint Allowance $5,000 New Ceiling 1700ft2 $3/ft2 $5,100 Plumbing Allowance $3,000 New Storefront Entry 1 $1500 $1,500 New Door Frame&Hardware 5 $500 $2,500 New Window&Frame 3 $400 $1,200 New Millwork 140LF $35/LF $4,900 Countertops 200ft2 $15/ft2 $3,000 New Carpet Flooring 1370ft2 $18/yd2 $2,740 New Tile Flooring 1640ft2 $5/ft2 $8,200 Appliance Allowance $3,000 Total $47,015 620 Main Street Suite 100 Garland Texas 75040 972.272.2500 tel 972.272.2510 fax CITY OF WYLIE SENIOR CENTER 1 os' S 1/4" / /— WYLIE, TEXAS 36'-3 3/4" 69'-1 1/2" / / / DESIGN TEAM \ OWNER: CITY OF WYLIE \ _ \ 300 COUNTRY CLUB ROAD WYLIE, TEXAS 75098 972.516.6000 P ARCHITECT: MCCARTHY ARCHITECTURE 620 MAIN STREET SUITE 100 --,=,- GARLAND, TEXAS 75040 972.272.2500 P 972.272.2510 F ilk Existing Children's Area Existing Reading/Stack if il v -- c) M u) b so, I b ""r _ — \ /_ II T Existing � REVISIONS I Office Existing Work Room / H I P Existing Existing [I \ Existing \ i ! ^ i — Meeting Room Women's\ / Work Room \ / \ Existing \ I Study Room 7 ,1 r u ' Existing / \ C tit Janitor 4 Eo N El El 4 I Q Q I Existing 7 \ Copyright © 2012 Restroom SEAL \ L Existing Q °o —� ,—� o 13 Vestibule \ F i ` =il 7 \ 0 7 \ y ❑ I / Existing / Storage I I a Existing \ Men's — _ 1 I 1 I \ / \ � \ DATE: 01 .16.12 ��----rr SCALE: I I I�� 11 � _ / \ — \ JOB NO. MA11022 DRAWN: AF 11'-8" 6'-4 3/4" 18'-3" 36'-0 1/2" 9'-0" 24'-1" A P P D: KM / / / / / / / ACAD 105'-51/4" FLOOR PLAN / / N 1 i Existing Floor Plan DRAWING NO. REV. NO. N 1/4"=1 ' 0" plan A2.O1 PLAN NORTH TRUE NORTH CITY OF WYLIE SENIOR CENTER 1 os' S 1/4" / /— WYLIE, TEXAS 36'-3 3/4" 69'-1 1/2" / / / DESIGN TEAM \ OWNER: CITY OF WYLIE ♦ • r _ \ 300 COUNTRY CLUB ROAD WYLIE, TEXAS 75098 972.516.6000 P ARCHITECT: MCCARTHY ARCHITECTURE 620 MAIN STREET SUITE 100 GARLAND, TEXAS 75040 972.272.2500 P 972.272.2510 F ilit Dining Room 0 co Multi-purpose Room co .! ♦ 1 1 • \\ \ '\ 0 \ \ Il Reading Room o Computer Room - o / _ r o / / 1 N Storage / I 7 \ r Craft Room / � - v F C r1 4 co 00 i , r 09 Coffee Area iD cc ,? I REVISIONS 11 I 1l / 1, II 11 ,\ \ Kitchen 11 II -- — i 1 ,) = 11 / Office / Fj �' IN vI ) Check In 11 '1 r` Existing / \ I \ I ^ I i — Worl:Out Room / Women's / \ / \ / \ \ 11 11 / \ Meeting Room 1 ' i n — I co CDt�l) N El El \I II I Janitor 4 0 11 V - Existing Copyright 2012 , 0Restroom \I I K L Existing ( SEAL -cr Q °o `�—� i 1„. 1l ` \ 13p Vestibule \ ,) 17 , no. =c=i1 ,=c=2 7 --, \, I \ 0 j__7 --Li in /y Storage Existing Storage - / ' - I I I Existing / � / \ � \ DATE: 03.13.12 SCALE: ♦ ♦ I I � 11 � I _ / \ — r{ —`I ♦ JOB NO. MA11022 • DRAWN: JW 11'-8" 6'-4 3/4" 18'-3" 36'-0 1/2" 9'-0" 24'-1" A P P D: KM / / / / / / / ACAD 105'-51/4" FLOOR PLAN / / N 1 i Floor Plan DRAWING NO. REV. NO. N 1/4"=1 ' 0" plan " 2.02 PLAN NORTH TRUE NORTH