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06-26-2012 (City Council) Agenda Packet 047," i-AIt Wylie City Council rei.5,,,.tc.rio.-4 ,t f.C9L RA.p1^ NOTICE OF MEETING Regular Meeting Agenda June 26, 2012 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor Kathy Spillyards Mayor Pro Tern David Goss Place 1 Nathan Scott Place 2 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.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.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 • Gary Taylor, Citipointe Church PRESENTATIONS • Presentation of Outgoing 2010-2011 Boards & Commission Members. 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. June 26,2012 Wylie City Council Regular Meeting Agenda Page 2 of 3 REGULAR AGENDA 1. Consider, and act upon, approval of the Minutes of the June 12, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) OATHS OF OFFICE • Administer Oaths of Office to 2012-2013 Boards & Commission Members. 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 place on file, the City of Wylie Monthly Revenue and Expense Report for the City of Wylie as of May 31, 2012. (L. Bantz, Finance Director) B. Consider, and place on file, the City of Wylie Monthly Investment Report for the City of Wylie as of May 31, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2012. (S. Satterwhite, Executive Director WEDC) D. Consider, and act upon, approval of a Preliminary Plat for Medical Plaza Addition, Block A, Lots 1-5, a medical office complex on four lots and one open space lot on 24.1 acres. Subject property being generally located south of F.M. 544 and approximately 655 feet west of Sanden Boulevard. (R. 011ie, Planning Director) E. Consider, and act upon, approval of a Final Plat for Medical Plaza Addition, Block A, Lot 1, a medical office facility on one lot on 4.168 acres. Subject property being generally located south of F.M. 544 and approximately 655 feet west of Sanden Boulevard. (R. 011ie, Planning Director) F. Consider and act upon, Resolution No. 2012-22(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of the Pheasant Creek Park Project. (M. Sferra, Public Services Director) G. Consider and act upon, Resolution No. 2012-23(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of the Municipal Complex Trails Project. (M. Sferra, Public Services Director) REGULAR AGENDA General Business 2. Consider, and act upon, the final artist for the Downtown Mural located at Olde City Park and the contract to commission the art. (C. Ehrlich, City Secretary) June 26,2012 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary In March of 2012, the Public Arts Advisory Board published a"Call for Artists" to art websites including publicartist.org for the Downtown Mural Art Project located on the south facing exterior wall at 104 S. Ballard, Wylie, Texas. In response to that call,the city received 11 regional artist responses for the 12' X 60' mural. On June 11th the selection panel met with the artists to review their presentations of the final art designs. The panel unanimously chose Roger and Karen Nitz as the finalist for the Downtown Mural with some small changes to the design. READING OF ORDINANCES WORK SESSION • Fire Department Overview (R. Corbin, Fire Chief) EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: 551.072 (Real Properties) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). A governmental body may conduct a closed meeting to deliberate the purchase, exchange,lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion regarding properties bordered by McCreary to the West, FM 544 to the South, Muddy Creek to the East and the Northern City limits. (R. Corbin, Fire Chief) RECONVENE INTO OPEN SESSION Take any action as a result from Work 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. CERTIFICATION I certify that this Notice of Meeting was posted on this 22nd day of June 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 WY LIE Minutes Wylie City Council Meeting Tuesday June 12, 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 6:05 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Kathy Spillyards, Councilwoman Diane Culver, Councilman Nathan Scott, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATIONS • 6th 6 weeks Star Students: Citizenship (Mayor Hogue) Mayor Hogue and Mayor Pro Tem Spillyards presented medallions to students demonstrating the character trait of "Citizenship." Each six weeks one student from each WISD campus is chosen as the "star student." 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. Councilman Goss stated that although the City is non-partisan, he had attended the State Republican Convention. He stated that while Wylie is on the edge of several congressional Minutes June 12, 2012 Wylie City Council Page 1 districts, the City was well represented with six delegate members present at the convention. He explained that the congressional lines had been re-drawn this year and he had the opportunity to meet Pete Sessions who serves a small portion of Wylie. Mr. Sessions indicated that he was very eager to meet with the council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the May 23, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2012-20(R) authorizing the City Manager to execute a Grade Crossing Construction Agreement with the Kansas City Southern Railway Company in the amount of$397,875.00 for the West Brown Street crossing. (C. Holsted, City Engineer) C. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2011-2012 audit services for a fee not to exceed $56,375. (L. Bantz, Finance Director) D. Consider, and act upon, the approval of the purchase of asphalt paving services from APAC-Texas, Inc. in the estimated annual amount of $300,000, through an existing Dallas County contract, and authorizing the City Manager to execute any necessary documents. (Dallas County Bid No. 2011-102-5731). (M. Sierra, Public Services Director) E. Consider, and act upon, Resolution No. 2012-21(R) authorizing submittal of a grant application to the North Central Texas Council of Governments for state solid waste implementation funds. (R. Diaz, Parks and Recreation Superintendent) Council Action A motion was made by Councilman White, seconded by Councilman Goss 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, the final artist for the Community Park CIP Project and the contract to commission the art. (C. Ehrlich, City Secretary) Staff Comments PAAB Liaison Ehrlich addressed council stating that the Public Arts Advisory Board appointed an Art Selection Panel to review the 13 artists and narrow the artists to three semi-finalists. The artists selected Minutes June 12, 2012 Wylie City Council Page 2 were: John (Jack) Westerhold, David Hickman, and Johnny Edwards. These three artists were invited to view the art sites and discuss with staff questions regarding the site and future installation of the art. The artists went back to their studios to create a final maquette and/or 3D design of what they felt would best fit both the spaces and the park architecture. On May 21st the selection panel met with the artists to review their presentations of the final art designs. The panel unanimously chose Johnny Edwards as the finalist for Community Park. Members serving on the selection panel included: Constance Woods, artist; Margaret Robinette, retired art coordinator, City of Dallas; Anne Hiney, Parks Board representative and art major; Jennifer Price, resident of Wylie; and Susan Spurgin, PAAB representative. City Engineer Chris Hoisted and Public Services Director Mike Sferra were non-voting advisory members. The Public Arts Advisory Board would like to publicly thank the Community Park Selection Panel for their time and commitment to this art project. The art design was unanimously selected by the Public Arts Advisory Board after recommendation by the selection panel and is recommending Mr. Edwards to the Wylie City Council as the artist to commission for Community Park. Ehrlich reported the city attorney's office has reviewed and approved the contract as to form. The contract has a completion of fabrication and installation date of August 21, 2012. This is flexible with regard to construction timeline changes; the City will not be responsible for storage of the art prior to final installation and acceptance by the City. The contract warranties the workmanship for five years and damage such as graffiti for one year; however, the artist has indicated that maintenance on this piece would be minimal in cost. The construction of steel, fiber glass, and cement will withstand the outdoor elements and will be sculpted smooth to be interactive for children. Artist Johnny Edwards gave a brief presentation and displayed his two sculptures. Edwards presented two sculptures made from reinforced concrete. The first sculpture depicted an octopus which he called "octopitcher". Each tentacle included a baseball which the octopus was throwing; one tentacle presented a catcher's mitt. The sculpture tentacles would measure 20 feet in width. The sculpture would measure between 12 and 15 feet from center with a height of 6 feet at the tallest tentacle. It would be placed in site 5. He presented the second sculpture which was a 9-9.5 foot caterpillar which he called "batterpillar". The sculpture would have several bats and the sculpture would be in full motion. This sculpture was presented for site 4. Both sculptures would be made of reinforced concrete and fiberglass to appear like carved-weathered wood. He explained the sculptures would be interactive for children both in their animated presentation and ability to play with the sculptures. Councilwoman Culver asked Mr. Edwards if he would take care of any graffiti that might need remediation. Mr. Edwards noted that he would. He stated that he was a big fan of his work and would be coming to view the work periodically and would remediate the art if needed. Councilman Jones asked if the paint on the pieces would fade. Mr. Edwards noted that he used 20 year paint and the finish would last for some time. City Secretary Ehrlich explained the contract had a five year warranty on workmanship and a one year warranty on graffiti. She noted that past the warranty date, the remediation of graffiti would be minimal costs. Council Action A motion was made by Mayor Pro Tem Spillyards, seconded by Councilman Jones to approve the final artist, Johnny Edwards and final design for the Community Park CIP Art Project and to authorize the City Manager to execute a contract to commission the art. A vote was taken and the motion passed 7-0. Minutes June 12, 2012 Wylie City Council Page 3 2. Consider, and act upon, the recommendations of the 2012 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and Zoning Board of Adjustments for terms expiring June 30, 2014/15. (C. Ehrlich, City Secretary) Panel Comments Councilman Goss, chair of the 2012 Boards and Commission Interview Panel, addressed council stating that he would read each board and make an individual motion for each set of appointment to those boards. Council Actions A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Chuck Kerin, Amy Nutz, and David Lewis to the Animal Advisory Board for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Scott to appoint Michael Grubbs, David Williams, Sunil Verma, and Alternate Rob Hunter to the Construction Code Board for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Margaret Sichter, William Whitney, and Geraldine Washington to the Library Board for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Gloria Smith, Emmett Jones, and Matt Rose the Parks and Recreation Board for a two year term ending June 30. 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Scott to appoint Eric Hogue and Rick White to the Parks & Recreation 4B Board for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Gilbert Tamez Sr., Ronald Smith, Darnell Harris, and Phillip Johnston to the Planning and Zoning Commission for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Scott to appoint DeeAnn Ross, Nina Green, Robbin Endsley (Frnka), and Anne Hiney to the Public Arts Advisory Board for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Demond Dawkins and John Yeager to the Wylie Economic Development Board for a three year term ending June 30, 2015. A vote was taken and the motion passed 7-0. Minutes June 12, 2012 Wylie City Council Page 4 A motion was made by Councilman Goss, seconded by Councilman Scott to appoint Jason Potts, William Baumbach, Karyn McGinnis, Kelly Price, and Alternate Kevin Finnell to the Zoning Board of Adjustments for a two year term ending June 30, 2014. A vote was taken and the motion passed 7-0. Public Hearing 3. Hold a Public Hearing to hear input regarding amending the water and sewer impact fees. (C. Holsted, City Engineer) Mayor Hogue opened the public hearing for amendments to the water and sewer impact fees at 6:55 p.m. asking anyone present wishing to address council on this item to come forward and limit their comments to three minutes. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:55 p.m. 4. Consider, and act upon, Ordinance No. 2012-18 updating the Water and Sewer Impact Fees to be assessed by the City of Wylie. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed council stating that Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. Council previously conducted a public hearing and considered an ordinance on the proposed Land Use Assumptions and Capital Improvements Plan. On April 24, 2012, Council approved Resolution 2012-15(R) setting a date, time and place for a public hearing on the proposed updates and amendments to the Water and Sewer Impact Fees. The draft report prepared by Birkhoff, Hendricks, & Carter, LLP (attached) identifies the projects necessary over the next ten years to serve the projected growth of the City. The Water and Wastewater 10-Year Capital Improvements Plan totals approximately $13.87 million and approximately $2.86 million respectively. The current water impact fee is $1,304.97 per service unit and the updated allowable maximum is $3,651.42. The current wastewater impact fee is $1,231.01 per service unit and the updated allowable maximum is $773.48. Councilman Goss stated that the increase was a leap from the current fees. Holsted replied the analysis was based on the new growth patterns of the City which identified less growth from estimates obtained for current and future water use. Holsted explained the new 10 Year Plan including infrastructure and planning expenses. Holsted noted that the differences seen in the current report were mainly due to projections for a lower population growth over the next ten years. Goss asked if the council chose to go with lesser fees, what the ramifications would be. Mr. Holsted replied if council chose a lesser fee then fewer funds would be collected to build the needed projects, and the additional funds needed would be supported or funded by the existing tax base or utility customers. Council Actions A motion was made by Councilwoman Culver, seconded by Councilman White to adopt Ordinance No. 2012-18 updating the Water and Sewer Impact Fees to be assessed by the City Minutes June 12, 2012 Wylie City Council Page 5 of Wylie as follows: water impact fees set at $3,651.42 per service unit and sewer fees set at $773.48 per service unit. A vote was taken and the motion passed 7-0. WORK SESSION • Presentation of the Preliminary Draft of the Wylie Trails Master Plan by consultants from Land Design Partners Inc./Dunaway Inc.Bowman-Melton Associates Inc. (R. Diaz, Parks and Recreation Superintendent) Representatives of Land Design Partners Inc./Dunaway Inc./Bowman-Melton Associates, Inc. were present to give an overview of the Wylie Trails Master Plan. Representatives displayed a City map showing connectivity to the existing trails and using utility and flood plain areas to create walking/biking trails. Phillip Neeley, Land Design, explained there were four categories to the plan: trails along the greenways and utility corridors; trails along lake frontage; trails along roadways; and trail gateways and intersections. Suggestions were made to partner with the U.S. Army Corps of Engineers, Collin, Rockwall and Dallas counties to achieve the long rang plan. Direction from council was to move forward with the plan as presented and to come back to council for final approval in a future agenda. • Overview of the FY 2012/2013 Budget (L. Bantz, Finance Director) City Manager Manson updated the council on the overall budget items for the 2012/2013 budget. She explained that the big picture items would be addressed tonight. Detailed session with departments would be scheduled at another time. Manson reported that property values would increase by approximately 2.5%. She indicated staff was confident with these numbers based on meetings with the appraisal districts. Sales tax is estimated to increase by 6% in the next fiscal year based on month to month increases this year. Additionally 200 new home starts are estimated for 2012/2013. Manson noted that the expenditures presented were for General Fund only; other funds would be addressed in a future work session. Manson reported that proposed revenues for FY 12/13 were $26,261,054 and expenditures were proposed at $26,434,235. Manson explained using a chart breakdown that 50% of the overall expenditures were for Public Safety. The projected shortfall in FY 2012-2013 from overall revenue, less expenses is $173,181. This shortfall is based on a 2.5% increase in assessed values and includes last year's base budget; a 2% lump sum given to all employees in 2012 is included in the proposed budget. Manson explained the expenditures at the top of the page do not include approximately $200,000 in personnel for a Narcotics unit, $130,000 in non-personnel for a Narcotics unit, $65,000 for research, planning and design of a branding of the City, and two Quints, which were requested by council. Manson explained some of the options for using some of the fund balance to offset debt service. She explained if$400,000 was used in 2012/2013 for debt service reduction, the fund balance would be at 33%. Manson gave some preliminary numbers for restructuring the current debt service to allow two Quints to be part of the long term financing. First Southwest was present to address questions regarding the restructuring of debt. Manson explained that restructuring the debt would level the payment schedule and eliminate the higher payments that were projected in the current debt Minutes June 12, 2012 Wylie City Council Page 6 schedule and could also include the purchase of one or two Quints, which have a 20 year life and could be financed over time. Direction from council was to move forward with research for restructuring of debt to include two Quints, bring back funding options for a 2.5% and 5% step increase for General Fund employees; set the next meeting with departments for two night meetings or one Saturday meeting, and omit reductions in Public Safety as part of the additional funding options. • Discuss the 2011 Community Park Improvements Project. (R. Diaz, Parks and Recreation Superintendent) City Council members, Parks board members, and sports association members discussed with staff items that needed to be addressed regarding the construction of the Community Park fields. Representatives from the Teague, Nall and Perkins were on hand to address the issues and to assure the council their firm would be involved in the revisions made to correct the construction issues. The Community Park contractor, J C Commercial, Inc., had indicated they would be remediating any issues on the punch list and leveling the fields to the satisfaction of the City. READING OF ORDINANCES City Secretary Ehrlich read the caption to Ordinance No. 2012-18 into the official record Mayor Hogue convened into Executive Session reading the captions below at 10:11 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,to wit: § '551.087 Economic Development; Closed Meeting; (S.B. 1851) • Consider a RFP from Project Detroit; and (S. Satterwhite, WEDC Executive Director) • Consider a request for assistance from Project UTS. (S. Satterwhite, WEDC Executive Director) RECONVENE INTO REGULAR SESSION Take any action as a result of Executive Session Mayor Hogue reconvened into Open Session at 10:40 p.m. No action was taken as a result of Executive Session. Minutes June 12, 2012 Wylie City Council Page 7 ADJOURNMENT A motion was made by Councilman Goss, seconded by Councilman Scott to adjourn the meeting at 10:40 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes June 12, 2012 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2012 Item Number: A. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 15, 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 May 31, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 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 June 15 2012 City Manager MM June 21, 2012 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,344,265 376,478 15,628,673 90.11% A FRANCHISE FEES 2,241,000 243,792 1,094,846 48.86% B LICENSES AND PERMITS 411,000 60,133 358,095 87.13% INTERGOVERNMENTAL REV. 600,272 102,905 443,464 73.88% SERVICE FEES 2,716,000 267,240 1,757,575 64.71% C FINES AND FORFEITURES 307,000 20,585 179,463 58.46% INTEREST INCOME 19,000 2,003 11,355 59.76% D MISCELLANEOUS INCOME 341,389 35,708 223,770 65.55% OTHER FINANCING SOURCES 1,681,997 0 1,681,997 100.00% REVENUES 25,661,923 1,108,844 21,379,238 83.31% USE OF FUND BALANCE 934,010 NA NA NA E TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 0 335,105 135.00% TOTAL REVENUES 26,844,157 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,681 9,454 63,750 66.63% CITY MANAGER 700,600 49,914 418,011 59.66% CITY SECRETARY 252,154 18,203 152,910 60.64% CITY ATTORNEY 128,000 0 56,667 44.27% FINANCE 893,964 50,621 559,593 62.60% FACILITIES 467,209 27,597 210,140 44.98% MUNICIPAL COURT 279,959 17,764 147,157 52.56% HUMAN RESOURCES 201,183 14,164 126,722 62.99% PURCHASING 151,365 6,737 103,518 68.39% F INFORMATION TECHNOLOGY 1,003,066 129,666 797,164 79.47% G POLICE 5,454,207 380,321 3,456,662 63.38% FIRE 5,735,142 408,164 3,712,260 64.73% EMERGENCY COMMUNICATIONS 1,139,996 59,692 580,946 50.96% ANIMAL CONTROL 327,356 23,016 188,999 57.74% PLANNING 485,519 34,029 291,175 59.97% BUILDING INSPECTION 667,438 43,319 413,025 61.88% CODE ENFORCEMENT 250,748 16,511 132,985 53.04% STREETS 1,567,725 84,556 859,997 54.86% PARKS 1,550,830 131,343 931,385 60.06% RECREATION 212,050 5,445 14,625 6.90% LIBRARY 1,401,348 96,752 886,191 63.24% COMBINED SERVICES 3,639,283 218,769 2,555,533 70.22% TOTAL EXPENDITURES 26,604,823 1,826,037 16,659,415 62.62% REVENUES OVER/(UNDER)EXPENDITURES 239,334 -717,193 4,719,823 20.69% A. Property Tax Collections for FY11-12 as of May 31 are 99.49%,in comparison to FY10-11 for the same time period 99.10%. 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 increased;however,these will level out throughout the fiscal year. G.Due to the timing of technology purchases,expenses have increased;however,these will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 10,341,000 903,546 6,054,321 58.55% INTEREST INCOME 15,000 1,153 8,521 56.81% MISCELLANEOUS INCOME 35,000 3,462 26,749 76.43% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 10,391,000 908,161 6,089,591 58.60% H UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,050 15,933 197,707 67.01% UTILITIES-WATER 1,116,406 64,775 632,858 56.69% CITY ENGINEER 438,935 27,536 268,133 61.09% UTILITIES-SEWER 660,027 28,453 372,120 56.38% UTILITY BILLING 625,373 46,926 399,442 63.87% COMBINED SERVICES 14,183,712 623,955 9,630,460 67.90% TOTAL EXPENDITURES 17,319,503 807,578 11,500,720 66.40% REVENUES OVER/(UNDER)EXPENDITURES -6,928,503 100,583 -5,411,129 -7.80% I H.Most Utility Fund Revenue billed in October are applicable to FY 2010-11. I.Use of Fund Balance for Community Park Utility Infrastructure. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2012 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 15, 2012 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for May 31, 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 June 15 2012 City Manager MM June 21, 2012 Page 1 of 1 2011-2012 Investment Report May 31, 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 $39,835,183.09 MMA 0.1246% Texpool 12/31/2006 NA 2 $15,017,851.33 MMA 0.1273% TexStar 3/15/2011 NA $54,853,034.42 Total Weighted Average Coupon: 0.13% Money Markets: $54,853,034.42 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $54,853,034.42 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2012 Item Number: C. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: June 15, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2012. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2012. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on June 22, 2012. Approved By Initial Date Department Director SS 6-15-12 City Manager MM June 21, 2012 Page 1 of 1 6-05-2012 02:25 PM CITY OF WYLIE PAGE: I BALANCE SHEET AS OF: MAY 31ST, 2012 111-WY1 iE ECONOMIC DEVEL CORP ACCOUNTi. TITLE ASSETS 1.000-10110 CLAIM ON CASH AND CASH EQUIV.. 1,513,561.97 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 rNwoop BANK - ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0,00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0..00 1000-10451 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC MISC 1 0.021 1000-11517 ACCTS REC SALES TAX SAO 1000-12810 LEASE PAYMENTS RECEIVABLE 6,875,260.20 1000-12E06 LOAN RECEIVABLE 0.00 1000-12997 ACCTS REC 005 TECH 0,00 1000-12996 ACCTS RE C SAVAGE 240,824,58 1000-14112 INVENTORY' - MATERIAL? SUPPLY 0.00 1000-14116 INVENTORY - LAND BUILDINGS 2,296,512.37 1000-14115 INVENTORY - 130550/ $ANDEN BLVD 0.00 1000-14110 PREPAID EXPENSES - MISC. 0.00 1000-14410 DEFERRED CHARGES 656,343,40 11,584,502.54 TOTAL ASSETS t1.,584,502.60 2266.666:6666666 LIABILITIES 6666562666.6 2000-20110 FEDERAL INCOME TAX PAYABLE 0,00 2000-20111 MEDICARE. PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0,00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 0.10 2000-20117 TMRS PAYABLE 989.12 2000-20118 ROTH IRA.. PAYABLE 0.00 000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA. PAYABLE 0.00 2000-20121 EEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00. 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 EMP, LEGAL SERVICES. PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 2,540..56 2000-20132 EMP CARE FLITH 0.00 2000-20151 ACCRUED WAGES PAYABLE 11100 2000-20180 ADD/T EMPLOYEE INSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE (0131 2000-20201 AP PENDING 0.00 2000-20210 ACCOUNTS PAYABLE 60,118.90 6-05-2012 02;25 IN CITY OF WYLIE PAGE BALANCE SHEET AS OFt MAY 31:,T, 1012 111--1YLIE ECONOMIC DFVE'L 'CORP ACCOUNTM: TITLE 20135 2t1'5 ur PROPERTY TAXES PAYABLE 5.50 2005-25540 NOTES PAYABLE 656,343:4) 2000_2€81S1 JUL1 SO GENERAL AL ,:3ulrJ 9.05 2 0J-2227J DEFERRED REVENUE 741,913 .38 2055-22215 DEFERRED 511 LEASE (SzN'(.PAL ,550,124 J.I 2#01 2228l DEFERRED REVENUE: - LEASE 1358 525,133,93 2055-22515 RENTAL DEPOSITS 2,800.05 TOTAL. LIABILITIES 7,729,968,16 EQUITY 3+550-34110 FUND BALANCE RESERVED 4B8,1131.60 313731 34590 FUND BALANCE 111 RFSERV/UNIIEC 10 3,269,210.27 TOTAL BEr31NNINBG. EQUITY 3,187,381,87 TOTAL REVENUE _ 54,982.U(J TOTAL EXPENSE'S 1,167,738.13 REVENUE ("1VER!(0330rR} EXPENSES 81,143.87 TOTAL EQUITY 1 OVER/(UNDER) 3,844,535.74 T'OTit1.. LIABI,LITIES, EQUITY , OVER/(UNDER) 11,584,502.50 6-05-2012 0225 PM CITY OF KYLIE PAGE: BALANCE SHEET AS OF: MAY 3IST, 2012 922-GEN LOS 1 TERM DEBT IWEDC) ACCOUNT# TITLE ASSETS 1000-103°62 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEBB 0.08 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0,00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 46012.58 2000-20311 ('OHS ABSENCES PAYABLE-CUARENT 0.00. 2000-21410 ACBAUED INTEREST PAYABLE 0.00 2000-7.8205 11E00 LOANS - CURRENT 100,943-67 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28215 AND LOAN 2890748.24 2000-26238 ANB CONSTRUCTION LOAN 4,645,740.78 2000-28240 HUGHES LOAN 153,598.50 2000-28250 CITY OF WYLIF, LOAM 0.00 2000-28260 PRIME ANTS LOAN 0.00 2000-28270 BOWLANDJANDERSON LOAN 0.00 2000-28260 CAPITAL ONE CAZ))) LOAN 0.00 TOTAL LIABILITIES 5,237,033.75 EQUITY .3000-34590 FUND BALANCE-UNRESERV/UNDESIGI 5,413,320.16) TOTAL BEGINNING IIOUITY 5,413,320.10' TOTAL REVENUE 0.00 TOTAL EXPENSES ( 176,28,8.411 REVENUE OVER/(UNDER) EXPENSES 1760286.41 TOTAL EQUITY 6 OVERitUNDEA) ( 5,237,033.76) TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 0.00 6-0 —21312 02:32 214 CITY OF WYLIE PAGE: 1 REVENUE AND 211262SE REPORT (UNAUDITED) AS OF: MA? 31ST, 2012. 111.-11Y1.1?1 ECONOMIC r .,V61 CORP FINANCIAL. SUt011/86? CURRENT CURRENT PRIOR YEAR V_T-1.1 Y—T—) E(1 Ji1E.T Ss I BUDGET PERIOD PO 8(.11,1ST, TACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 1,1301,162,00 151,424,21.. 0,00 785, 119.04 0.00 1,015,412.56 13.132 INTEREST INCOME 281,2.60.00 10,617.31 0.(10 86,02U.62'.. 5.00 11r8,233.34 '3E58 X I SC E1.LA N EOUS INCOME 90488,..00 1011,755„OH 10.00 142,604.15. 0.06 ( 51,122,15) 156,9.1. OTHER FINANCING SOIIRC1.1 20').33l.07 30,250,95 0.00 240,53.13.19 O.60 3 30 1 38 101 114 58 TOTAL. REVENUES r,383,2 34.00 36(1,087..51 1 1 0 1.,254,822.00, 0,00 1,128,352.00 52.65 5 1;X1'Ei,138 120n E SUMMARY'. DEVELOPMENT CORP—WED CORP-WEDG 2,767,766,00 212,2 4,2'1 0.0 1 1,161 38.t 3 911 1'1 1,508,112.10 42.26 TOTAL EXPENDITURES 2, 76 ,761.130 212,21,4,21. n.3(11 1,167,7138.1 .1,911,11 s,598,1..1..'1 10 4I.26 REVENUE OVER/311306R) EXPENDITURES 1 384,5..=2.00) 61,823.33 0,311 87,1)1.87 ( 1,91.4.,1 CD ( 46N,,111:.701 22 16T 6-05-2012 02:32 IN CITY OF WY LIE PA.GE: 2 REVENUE AND EXPENSE' REPORT - (UNAUDITED/ 4.) OP: MILE 1ST 2012. '. 1.11-W 1+I1` ECONOMIC P)EVEt, CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-1J Y-I-U BUDGET 5 OF BUDGET PER too 10 AM./UHT. A€;1'P1J4€, ENCUMBRANCE 110111110E BUDGE"''.' TAMES 4000 40t50 REV IN P.E.1( OF TAXES 155,889.00 0,00 0.00 0,01 1.01 t5a,889,0. R,0) 4000-40210 SALES TAX 1,645,971,00 154,424.24 9 011... e 11.9 03 ,_. 1'. 01 335} 53.9f6 43.76 TOTAL TAXES 1,801w162.00 154,'124,24 1.00 185,719.04 0.00 L,0(5,442.96 43,62 INTEREST INCOME 4050-491151 CERTIFICATE OF DEPOSIT 0.00 0.00 0,00 1,00 11,00 0.011 0.0', 4051A46110 ALLOCATED INTEREST EARNINGS .1,001,00 1115. 10 0.10 1,100..91 0.110 1,897.19 16.76 401g-46140 TEv00 5 INTEREST 0.00 0.90 0.00 11.0g 1.01 R.0.2 0.00 4000-'L143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.Oa 40171-46151 INTEiIi4L1' 1FIRNINr.IX 278,260..00 10,431.01 0.0€1 84,91:7.81. .00 193,342,19 30,52 4010 46210 '.SANK MONEY MARKET' INTEREST 0.00 1..90 0.00 0.011 1.00 0,00, 0.00 TOTAL INTEREST INCOME 81,260,00 1E3,v!1,31 0.20 86,1120.62 0.00 195,230.19 31.511 MISCELLANEOUS INCOME 41100 m 8110 RENAL INCOME 18,482.00 4,700.00 0.00 40,500.00 0.0) 47,882.00 45.77 4010-48110 RECOVERY - PRIOR YEAR rXF°F'N O.911 D.00 1.Va 11.01 0.00 0.10' 0.00 4[7110-4141I1 11100'EL.1`1NE'.OUS :`_Nd101*,, 2,400,00 100,095.)1) 1.00 102„104.15 0.0.1 1 99,304..151 254.34 1101-+1 4 Cs GAy 1 1 .s SALE OF CAP ASSET 0.e70 0.00 tit. 1 7.120 0.00 1.7a 0.a1 TOTAL MISCELLANEOUS INCOME.. 90,882,OD 104,795,00 ..... 0,00 142,604.15 0,111 f 51,722.15 156.1.11. OTHER FINANCING SOURCES 4000-4991110 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00' 0.11 0.310 4000-49325 RANK NOTE PROCEEDS 0.00 0.00 19.0.(1 0.00 0.00 0.00 0.00 41125-495.50 1..40.,.,. FRINC:IPA€. PAYMENTS G1 21J 911 U _ 1,1I9 5. 19.19 11 (0 1 _0,654.LFk1 11.4.58 a.e .® a C�1� 2 4 f� IOTFL. OTHER FINANCING SOURCES 2191,930.00 30,250.09 0.00 240,518.19 0.00 I 30,0011 1 41 11 s 58 TOTAL REVENUES 2,383,234.00 101,087.54 0.00 1,2`w4,812.51 0.00 1,1288,.s52.10 52.65 6-05-2012 02:32 PM CITY OF WYLIE RAGE 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 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 PERSONNEL SERVICES 5611-51110 SALARIES 172,370.00 13,259.24 000 106,073.92 0.00 66,296.08 61,54 5611-51130 OVERTIME 0.00 0.00 0,00 0.00 0,00 0.00 0.00 5611-51110 LONGEVITY PAY 1,057.00 0.00 0,00 1,060.00 0,00 ( 3.00) 100.28 5611-31145 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 3611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 810,78 0.00 6,966.24 0.00 4,353.76 61.54 5611-51220 PHONE ALLOWANCE 3,456.00 0.00 0.00 2,525.52 0.00 830.46 73.09 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 21,771.00 0.00 0,00 12,563.34 0.00 9,207.66 57.71 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.0G 1,790.57 0,00 14,324.56 0,00 12,935.44 52.55 5611-51420 LONG-TERM DISABILITY 963.00 38.22 0.00 305.76 0,00 677.21 31.10 5611-31440 FICA 10,687.00 843.16 0,00 4,959.53 0.00 5,727.47 46.41 5611-51430 MEDICARE 2,500.00 197.16 0,00 1,612.12 0.00 887.88 64.48 5611-51470 WORKERS COMP PREMIUM 656.00 (1,00 0,00 539.51 0.00 116.49 82.24 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 522.00 0.00 18.00 96.67 TOTAL PERSONNEL SERVICES 252,600.00 16,999.15 6L09 151,452.50 0.00 101,147.50 59.96 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 0.30 0.00 3,038,10 35.65 1,926.05 61.46 5611-1,2040 POSTAGE 6 FREIGHT 980.00 0.00 0,00 176.56 2.68 800.76 18.29 5611-52130 TOOLS/ EQUIP - UNDER $1000 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 412.76 0,00 2,474.15 27.45 2,498.40 50.03 5611-52990 OTHER 0.00 0.00 0,00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 10,980.00 412.76 0.00 5,688.81 65.98 5,225.21 52.41 MATERIALS POR II?INTENPNC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0,00 0.00 0.00 0.00 0.00 3611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 493.83 0,00 2,506.17 16.46 3611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOE MAINTENANC 3,000,00 0.00 0.00 493.83 0.00 2,506.17 16.46 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,000,376.00 10,000.00 0.00 162,541.15 0.00 837,836.85 16.25 5611-56040 SPECIAL SERVICES 180,789.00 2,342.50 0.05 9,586.76 129.00 111,073.24 5.37 5611-56080 ADVERTISING 26,600.00 0.00 0,00 6,575.00 525,00 19,700.00 26.49 5611-56090 COMMUNITY DEVELOPMENT 34,250.00 9,676.99 0.0(1 35,721.74 0,00 ( 1,471.74) 104.30 5611-56110 COMMUNICATIONS 3,780.00 347.25 0.00 2,605.47 125.08 1,049.45 72.24 5611-56180 RENTAL 22,600.00 1,694.00 0,00 16,515.73 0,00 6,084.27 73.08 5611-56210 TRAVEL & TRAINING 22,787.00 177.73 0,00 10,656.60 1,069.11 10,861.29 52.34 5611-56250 DUES 6 SUBSCRIPTIONS 8,803,00 615.00 0.00 3,280.00 0.00 5,523.00 37.26 5611-56310 INSURANCE 303.00 0.00 0.00 303.00 0.00 0.00 100.00 5611-56510 AUDIT & LEGAL SERVICES 82,750.00 10,460.00 0.00 53,364.65 0.00 29,385.35 64.49 5611-56510 ENGINEERING/ARCHITECTURAL 37,000.00 200.00 0.00 4,620.00 0.00 32,360.00 12.49 5611-56610 UTILITIES-ELECTRIC 3,500.00 155.40 0.00 1,000.40 0.00 24499.60 28.58 TOTAL CONTRACTUAL SERVICES 1,423,740.00 35,668.67 0.00 306,970.50 1,846.19 1,114,921.31 21.69 6-05-2012 02:32 PM CITY. OF WYLIE PAGE: 4. REVENUE AND EXPENSE REPORT - MNAHDITED1 AS OF: MAY 3IST, 2012 111-WYLIE ECONOMIC BEVEL CORP DEVELOPMENT CORP-WEDS: DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR 16-11-11 Y9T-2,1 BUDGET A OF' BUDGET PERIOD PO ADJUST„ ACTUAL ENT3UMBRANCE BALANCE BUDGET DEBT SERVICO,. S CAP, BF/PT 5911-57110 DEBT SERVICE 635,846.00 52,812.91 0.00 453,184.88 0.00 172,661.12 72.66 5611-57710 BAD DEBT EXPENSE 0,00 0.00 0,00 0,00 0.00 0.00 0.00 TOTAL DEPT SERVICE S CAE. REPT 635,846.00 52,812.91 0500 483,154.88 0.00 172,661,12 72,8A cl"!1T(.71341:5,11614AW 5911-58110. LAND-PURCHASE PRICE 150,000T00 0.00 0.00 .1,000.00 03.00 145,000.00 0.67 5011-58120 DEVELOPMENT FEES 0500 0.00 0,00 0500 0.00 0,00 0.00 5611-58150 LAND-BETTERMENTS 0,00 0.00 0.00 0.00 0.00 0,00 0.00 5911-58210 STREETS C ALLEYS 40,000,00 0,00 0.00 0.00 0.00 40,000,09 0.00 5611-58410 SANITART SEWER 230,000,00 I06,370,52 0.00 218,315.82 0,00 11,994,19 94.93 5611-58810 COMPUTER HARD/SOFTWARE 2,000,00 9.00 0,00 1,011.79 0.01 158.21 50.59 5511-58830 FURNITURE S FIXTURES 14,500,00 0.00 0.00 14,600,00 MO 0.00 100.00 5611-58910 BUILDINGS 0,00 0.00 0.00 0.00 0,00 0,09 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0,00 0.00 0.00 0.01 0.00 0.00 TOTAL CAPITAL OUTLAY 439,000,00 106,370552 0,00 234,947,51 0.00 201,652.39 51-81. OTHER, FINANCING (USE() 5811,-59111 TRANSFER TO GENERA! FUND 5,000.00 D.00 0.00 5,000.00 0.00 0,00 100,00 99E1-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 FLOP 5611-59.590 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 0,00 100,90 TOTAL DEVELOPMENT CORP-WEDC 2,707,765.04 212,264.21 0.00 1,197,718,13 1,914,17 1,598,113,70 42.26 TOTAL EXPENDITURES 2,707,796,00 212,264,21 0.00 1,167,738-13 1,914.17 1,598,113.70 42.26 REVENGE OVER (UNDER) EXPENDITURES ( 354,532,00) 87,823.33 0.00 87,142.87 ( 1,914.17) 1 465,7A1,701 22.16- B*3 END OF REPORT 3:1 Wylie Economic Development Corporation Balance Sheet Sub ledger May 31, 2012 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance April 30, 2012 $5,238,747.18 Hughes(#70 of 120) 7/25/06 3,676.29 168,594.25 2,973.82 702.48 5.00 165,620.43 ANBTX(#19 of 60) 10/28/10 8,454.82 325,447.76 7,117.19 1,337.63 4.95 318,330.57 ANBTX-ACE(co of ao) 8/1111 40,681.80 4,716,694.60 17,339.11 23,342.69 5.75 4,699,355.49 May 31, 2012 27,430.12 $25,382.80 $5,183,306.49 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Inventory Subledger May 31, 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 Sale 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 May,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 March 4,257.03 7,766.75 12,023.78 April 4,257.03 7,766.75 12,023.78 May 4,257.03 7,766.75 12,023.78 June July August September October November December Total 21,285.15 38,833.75 60,118.90 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JUNE 2012 MONTH WEDC WEDC WEDC RIFF % 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 98,463 115,114 16,650 16.91% MAY 144,953 158,379 154,424 -3,955 -2.50% JUNE 111,174 116,832 119,326 2,494 2.13% JULY 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 $905,045 $63,810 7.60% AUDIT ADJ TOTAL $1,343,739 $1,523,400 $905,045 $63,810 7.60% WEDC SALES TAX ANALYSIS $200,000 $180,000 .. _M .� $160,000 ----- $140,000 .._ .. $120,000 'A^" . 2011 $80,000 ill 2012 $60,000 $40,000 , $20,000 _------ 1 _ ;: _ (0 (0 Q 7 > 7 wE c ° m Q m E ° ii a O o o co z Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: June 26, 2012 Item Number: D. Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: June 6, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Medical Plaza Addition, Block A, Lots 1-5, a medical office complex on four lots and one open space lot on 24.1 acres. Subject property being generally located south of F.M. 544 and approximately 655 feet west of Sanden Boulevard. Recommendation Motion to approve a Preliminary Plat for Medical Plaza Addition, Block A, Lots 1-5, a medical office complex on four lots and one open space lot on 24.1 acres. Subject property being generally located south of F.M. 544 and approximately 655 feet west of Sanden Boulevard. Discussion Applicant: Engineering Concepts & Design Owner: Parker Scholz Properties, Ltd The applicant is proposing to establish four commercial lots and dedicate one lot to the City of Wylie for open space purposes. Planned Development 2012-03 zoning was established on the property to accommodate a medical office complex and proposed layout as shown is consistent with Phase One of planned development's vision for a medical office complex. The Preliminary Plat establishes: • Boundary lines for five lots. (Phase 1) • Dedicates rights-of-way for public street, (Medical Plaza Drive) • Establishes open space and floodway easements. (Lot 5) • Delineates 60' wide trail easement. • Provides necessary utility easements. (Subject to Engineering) The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. The Site Plan was approved 5-0 by the Planning& Zoning Commission at its June 5, 2012 meeting. Planning Commission voted 5-0 to recommend approval of the Preliminary Plat. Approved By Initial Date Department Director RO 06/06/12 City Manager MM June 21, 2012 Page 1 of 1 WEST FM ROAD 544vA'F _ _ `,, BEGINNING S 7O'31'42"E 1034.92' „nP n. d 1 1 s / sesen ns 2 - — —— ore �n� oT a " ' f s11:2T„Ls(J �� a,eLe,rT m �� . / U / / / / i // VICINITY MAP %„ MICHAEL MILLIRONS SURVEY 8 o N / / /, //t A 563 / .II w I '5 LINE TABLE l I / \ I i i r.Heg sn / 1� ^ i arnL: Lt., La, I , i� EL u.acc_ I I fV ( — /�j DUKE STRICKLAND SURVEY' N„ I I b \ - - / l A 841 I-I c M 2r ruR ' `� / of a 2 20 sANTARY slg rIEMENL � u / oL 3w EEcc a 365 f3� ��.p "',e w 1 in' I� �/ ] \ LEGEND �j i s n e I I E � � / ' / w I I +tJ2 �GR L // \ ,/s LHs /z"Hory Hoo sn e s 6 4 ,---= ae € h VA;s AMPEH�H aN,HOL MaNGMP, �.E P e' mm WIRE �� .ERE EaGNEi LP LIGHT POLE �'� 4..,,,,____ .r :A / _ / /. e ��' / L I / 1w jIL /// // ', ' e GLE I So LOT3 // //; a LT i)i l �eec J Z -� , ,r,T sn � � / y/' & 11 ISAIAH CLIFTON Y II 4 -o y ,e / // WATER SURVEY I t L y 9m ,77 / / j' , A-193 \ /� / J��l l rr , T WATER ER Me LH u L EASEMENT EI \ 1� Lai z // d/ /� GE. EASEMENT LOT 1 CH SCHOOL 1 _� tsssso s.r.] fl SS , ,v, / ERELPNE ACCESS O UTILITY MAP RECORDS COLLIN E SANITARY SEVER EASEMENT Mat�w..�' Z LL V l T DEEDS RECORDS.COLLIN COUNT,,Erns o sEw �E» i / i dL DRCCT / 30H3E„ELE3H.LNE LEE N20/,TL ry 233E w, 0 L L I - // LL/ south Doan Y e of deed recorded r / ol L L ev ter.7.r ,� I \,-. _ S �) %1 = tP 1 I 1,k7 VIA ,S I / L i 1 /.- 2 BY groPhicol Plotting part,the parcel described hereon hes within Special AreA AAA'A 6'' -y-1-- , and Incorporated ed Ar s to Mop MocA'o Numbera055c04 5d, w FLOODPLAN DRAMACE EASEMENT dated June 2t2009a d by the Federal EmergencyCase yo10-06-t L L r7 ^e e A 0d / p / Agency and revised be Letter M Revision(LOMRI Case No 10 O6 1@ceO I L v L)(]0 OPEN,D sauce ENT �,`�, A / w / 2010 The Surveyor utilized.e above date�� / effective oe I I L38 L,i9/ IL <,'',en / / ..� �� that nstatement n t published Emerges re e v e Fe eral unsePP nn creote liability on.e part of.e surveyor L37 e / _ 3 A corn t hereon ore Yellow Vz run Rods smmGed RPLS Number 3963. L36 r I 3 "aG6E vL35 / I + s,nrc er L ,_ �N PRELIMINARY PLAT La EA hti SOLO addition 0E.S n POrtnn HuhH FOR REVIEW PURPOSES ONLY J � .o*xs c,uwv ,/a.ir violation of City Ordinance and ,� M — — ingtee and e MEDICAL PLAZA ADDITION subject \ �n w ��-le:), 4 �. 9 e, T Building Permits BEING °L50 Z ' YN v 24.094 ACRES \C3j MUDDY 28 L21 O N -R C MYERSO SURVEYING,LLC � .2N 6 400 OXFORD DRIVE KLAND SITUATED SURVEY,THE AB Lo,e aowLETT T T5055 � , .....`� \3i L29' CY,� L2O I I (z/4]532 0036 DUKE STRICST. NO. 041 FAX(9Tz)wz NY M]CHAEL MILL]RUNS SURVEY, ABST. NO 563 �� (.o� �F - L12 EMAIL doe rNans�mo.rom ISA]AH CLIFTON SURVEY, ABST. NO 193 �\ tiry ('y `' / CAB 0 PC 0 mmsu CITY OF WYLIE, COLLIN COUNTY, TEXAS 60 30 0 60 120 \ \ 2Se e 4• l add D OWNER/DEVELOPER ENGINEERING CONCEPTS&DESIGN,LP C2¢ L16¢L15 1'1 Y"�ao_ —__ PARXER/SCHO0 BON 307 PROPERTIES.LTD ENGINEERING/PROJECT MANAGEMENT/CONSTRUCTION SERVIC® SCALE IN FEET `� L23 \ wYLIE TO T5099-030T z =so V Lm z DATE MAY n+.26Lz m eL 021 e.En FAX(2,e.e.n1 SHEET c oT a on03VDwcAE7o3 RreiiminorY RI..cfog PROPERTY OWNER'S CERTIFICATE 4 COUNTY OF COLLIN $ ER/SCH NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS WHEREAS.PARK OLZ PROPERTIES.LTD.,t c the OWNER or a 2 094 cue tract or situated In the Duke Strickland Survey.Abstract No.841.the Michael MtlllronsaSLrve;c Abstract a N34e3 SURVEYOR'S CERTIFICATE Covaty,Te,os oa porL of a co 12 THAT.PARKER/SCHOLZ PROPERTIES.LTD,does hereby adopt this plat designating the herein acre tract of land descrIbed deed to Porker/Scholz KNOW ALL MEN BY THESE PRESENTS. 01In deed to r/Sc counciholz Properties,LTD.os recorded In Instrument 2008120900.00,0,said Deed improvements shown thereon.,e streets and alleys, l any,the rights-of-way.and other public Records.sold 24.094 acre trod bang more orticularly descrIbed by metes and bounds as follows: easements and public use areas.as shown,are dedicated,for the publIc use forever.for the purposes THAT,I Robert C.Myers,do hereby certify that thls plat wos prepored under my supervision indicated on thls plat.No bulldIngs.fences.trees.shrubs or other improvements or growths vey of the land a. hot the caner monuments shown BEGINNING at a 1/2-inch it rod with yelstreet purposes,e low stamped"RPLS 3963"set far the northeast co shall be thereon were ProPerlY Placed under y personal supervision in accordance with the Subdivision of Wylie H Wylie a cants may be placed ain landscape se cents.if approved by the except Council of the City of ordinance of the y f Wytle Lot 1 B A i School, nd the t s recorded impro a found Plat Records Collin d with cap and the northwest said 0 degr acre tract from h publI /2- seconds East,a Road 544(FM 544)`aa variable widthright-of-way;being in the southright-of-way Farm to Markel utilities.sold use y public uhldies being subordinate to the publics and y ! y s use thereof. GIVEN UNDER My SEAL OF OFFICE THIS THE DAY OF 2012. THENCE Wore uildings.fences.trees.shrubs or other improvements or growths which may in any way Preliminary.this document will not be recorded for any purpose. South 70 degrees 31 minute 42 seconds Eost.with the northeast boundory line of acre 92 feet to a Texas Department of Transportation(T.Dotl 4.2256 the WNlenstruction.maintenance,or efficiency of their respective systems In of ROBERT C.MYERS monument found for sold easements The City respective easements sforh the purpose constructing, ND SURVEYOR regress an egress removing heir re South 41 degrees 52 minute 19 seconds East.departlng the northeast ports sof their respecting,systems patrolling.maintaining.ecessItyg meters.ytime proddngg to omission from anyone. STATE OF TEXAS N¢3963 4.2256 acre dl Jan de a boundary of chef iv cos w the ne y procuring p tract. and T ant beas North39u degrees co minutes 01 di ones East.0ft distance of 0.20 Tech a South 70 degrees 9 minute 06 seconds Eon,a distance of 90.00 feet to a TxOot monument ere/Sc D(m "Owners")a g found,r e plat Wyllen(tolled adopted bsubject the,Ilowing conditlons which shall la,ding upon the Owners. COUNTY OF COLLIN $ South 74 degrees 04 minute 35 seconds Eost,a distonce of 32.55 feet to o poInt,r corner: their heirs.grontees,successors.and ossigns: Lot 5.os shown on the plat Is colled(Droin,age ond Floodwoy Easement"The Droinoge and Floodwoy Easement is hereby dedlcoted to the pUbl,s use De,re me,the undersigned authority,a Notary Public in and for the State of Texas,on this THENCE South 37 degrees 49 minutes 23 seconds West,o distance➢f 766.54 feet la a pa nt for forever for dranage and goodway purposes. ,e Owners shall not obstruct the natural flow of storm loybeersorallY the appeared Robert C.Myers,bed Registered r Professional Land Surveyor, d acknowledged known to e turner, Drainage and Floodway Easement. The Clty shall at all tlmes have the rIght to enter upon the me that he executed then same for the purpose and considerations therein expressed. THENCE South 24 degrees ss ond egress.. 25/8- Tamped FPLS 3949 bears South 50 q 5 minutes 20 seconds West. s investi survey,e any nfa facility necessary y by theCity to Given under my hand and seal of office,this the__day of .2012. corn,from which a,und42 minutes 12 seconds East,a distance Dr 0.21 feet, draigage drainage channels and,eeNs,as in the case of all natural channels,are subTHENCE Westerly,with the meanders of sad Muddy Creek and with the common es of said of these natural phenomect la storm water overflow and noturol bonk eroslon to on extent which connot be deflnitely nall not be held liable for ony a, from m the fa structure o ructues.oges or injuries of ony u resultingre structures.boundary the TexasNotary Public In and for the State 34.412 ocre rod and soid Lot 1.Wylie H ownersagreeommission Expires on My C x 02/14/2015 South 52 degrees 51 minutes from and 5/8-inch rr erode with c stamped"RPLs West.a dIstance of 33949"1.49 ePears Net to aorth 66adegrees 04 nos shown on the plat. The minimum minutes rner hormless the CIty,om ony such domages ond injuries. ,e building areos outside of the Dranage h 4 seconds East.a distance1 0.37 cap floor elevahan far each lot shah be as shown an the plat. South 13 degrees 41 minutes 41 seconds West,a distance of 54.30 feel to a southwest corner at said Lot 1 and the northwest corner of Lot 2 of said Bayco Addition. This sp approved I to all platting dinances.rules g Lions and resolutions or the y f wyge,Texas. THENCE South 21 degrees 16 minutes 27 seconds West,with the west boundary line of said Lot 2,a Ili A Wylie H o/an addition to the y Wylidistance of 13.22 feet to a polnt for corner in the center of Muddy Creek.sad corner e as in a WITNESS, y one,tn�s the y r 2a12. reconortrded in o Cabinet 0.Page of o 551 of said Plat Records:ha FOR.PARKER/SCH➢LZ PROPERTIES,LTD. THENCE Westerly, e meanders o said Muddy C y m es of id 34.412 acre tract and coed Lot 1,Wylie Nigh School addition,the following courses: a corner BY: North 30 degrees 37 minutes 25 seconds West.a dIstance of 19.64 feet to North 40 degrees 21 mlnutes 09 seconds West,a distance of 57.35 feet to a point,r corner; North 89 degrees 37 minutes 11 seconds West,a distance of 16.36,et to a polnt for corner: South 65 degrees 02 minutes 43 seconds West,a dIstonce of 28.77 feet to a pant for corner: South 19 degrees 20 minutes 18 seconds West,o distonce of 66.34 feet to o point for corner STA, OF TEXAS g secondsc corner COUNTY OF COLLIN 4 South 20 degrees 54 minutes 14 seconds East,a distance of 9 68 feet to a point for corner: South 45 degrees 27 minutes 21 seconds West,a distance of 20.53 feet to a point for corner; Before me,the a Notary Public in and for the State of Texas.on this day South BT degrees 06 minutes 08 seconds West.a distance of 38.34 feet to a point for corner. undersignedauthority, .known to me to be the person whose nome is subscrIbed secondse a corner going in acknowledged 10 me that he executed the same for the purpose and secondsNorth 57 degrees 32 minutes 09 e a corner considerations therein expressed. a pointNorth 47 degrees 53 minutes 03 seconds West.a dIstance of 12.59 feet to a point,r corner; Given under my hand and seal of office.this the____day of .2012. North 34 degrees 55 minutes 16 seconds West.o distonce of 15.50 feet la o polnt for corner: North 14 degrees 10 mlnutes 16 seconds West.a dIstance of 44.32 feet to a polnt for corner: North 20 degrees 08 minutes 45 seconds West.a dIstance of 14.19 feet polnt for corner: North 71 degrees 03 minutes 15 seconds West.a distance of 7.40 feet to a secondscpoint for corner Notary Public in and for the Stale of Texas North 68 degrees 49 minutes 06 secondsc corner North 53 degrees 24 minutes 11 seconds West,a distance of 24.85 feel to a point for My Commission Expires Dn: North 30 degrees 11 minutes 00 seconds West,a distance of 32.14 feel to a point for . secondsNorth 01 degrees 16 minutes 20 seconds West,a distance of 59.71,et to a point for corner: North 36 degrees 38 minutes 13 seconds West,a distance of 22.42 feet to a point,r corner; South 89 degrees 47 minutes 17 seconds West.a dIstonce of 24.92 feet to o point for cornea North 63 degrees 14 mlnutes 03 seconds West.o distonce of 32.04 feet to o point for corner: e of 23.89 feet to a point,r corner APPROVAL BLOCS North 49 degrees 55 minutes 34 seconds West,a distance of 70.46 feet to a paint for corner; North 25 degrees 33 minutes 30 seconds West,a distance of 26.76 feet to a paint for corner RECOMMENDED FOR APPROVAL North 05 degrees 55 minutes 09 seconds East,a distance of 26.65 feet to a point for North OZ degrees 43 minutes 00 seconds East,a distance of 71.21 feel to a point for . North 25 degrees 32 minutes 25 seconds East,a distance of 12.97 feel to a point for corner. Chalrm Pla Ing&Zoning Commission Date e c a comer. City ofaWNie Texas secondsNorth 37 degrees 31 mlnutes 11 seconds East.a dIstance of 15.58 feet ta a point for corner; North 31 degrees 39 mlnutes 59 seconds East,a distance of 20.16,et to a polnt for corner: North 18 degrees 21 mlnutes 19 seconds West.a dIstance of 26.25,et to a polnt for corner: 'APPROVED FOR CONSTRUCTION' North 01 degrees mlnutes 01 seconds Eost.o dIstonce of 20.44 feet to o point for corner: North 55 degrees 09 minutes 50 seconds West,a dIstance of 13.98 feet to a point,r corner; 0 minutes 03 e North 71 degrees 23 minutes 52 seconds West,a distance of 23.16 feet to a point for corner; Mayor. y Dr Wylie,Texas Date North 56 North 68 degrees° corner; PRELIMINARY PLAT South 59 South 22 degrees degrees 21 m minutes 03 seconds West.a distance of 46.33 feet to a point for corner; ACCEPTED FOR REVIEW PURPOSES ONLY South 43 degrees 26 minutes 27 seconds West,a distance of 55.73 feet to a point for corner: South 55 degrees 03 minutes 07 seconds West,a distonce of 55.27 feet to a point for South 70 degrees 02 minutes 57 seconds West,a dIstonce of Nam feet to a point,r core;North 78 degrees 31 mlnutes 32 seconds West.a distance of 23.08 feet to a point,r caner: roc.City of Wylie,Texas DateTHENCE North 04 degrees minute MEDICAL PLAZA ADDITION t/<co Wylie H S with BEING with ,e undersigned.the CIty Secretary of the Clty of "oat ,here the SURVEYOR 24.094 ACRES daid total Wtivet nce of 596.63 High aSchooll addition to the northwest i undrner eI/2-inch id on rod bea12 ns tract Noorthand l wylleforegoing w y R.C.MYERS SURVEYING,LLC SITUATED IN THE degr ell ees corner mmutes 56 seconds West.a distance of 1µ8T feet: on. THENCE South 88 degrees 44 minute 32 seconds East.with a boundary line said Wylie High R(214)T TX 75055 the streets.alleys.parks.easements,publIc places,and water and sewer Ilnes ass - DUKE STAICKLAND SURVEY, ABST. N0. 041 Mayorm note the acceptance thereofy signing s name as herein subscribed 9 234 aq MICHAEL MILLIRUNS SURVEY, ABST. NO. 563 Wybo High School adation and the southwest corner, 4.225s.scre iron-,which a n -round 5/8-Inch EMAIL doe ve his gmoacom ISA]AH CLIFTON SURVEY, ABST. NO. 193 .ran rod bears North 53 degrees 04 minutes as seconds West,a distance are 0.66 feet; Witness y and the y f e.D.,2D1 z. CITY OF WYLIE, COLLIN COUNTY, TEXAS THENCE North,17,0clegrees 12 minute 08 seconds West,with common boundary line of said Ow 9a reet to the POINT DF eFCNNN INc OWNER/DEVELOPER ENGINEERING CONCEPTS&DESIGN,L.P. mNTAwwc 1,D49.sz5 squ are reet are zaD94 acres are land. PARKER/SCHOLZ PROPERTIES,LTD ENGINEERING/PROJECT MANAGEMENT/CONSTRUCTION EERVICes City wyge Secretary City of Texas wttlE.Tx 7509e-0307 ' le a cu-enun FAX 1e y e.i-e.er DATE MAY yT,2012 0,,03 we\3Ta3 PrehmENm z ys Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: June 26, 2012 Item Number: E. Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: June 6, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Medical Plaza Addition, Block A, Lot 1, a medical office facility on one lot on 4.168 acres. Subject property being generally located south of F.M. 544 and approximately 655 feet west of Sanden Boulevard. Recommendation Motion to approve a Final Plat for Medical Plaza Addition, Block A, Lot 1, a medical office facility on one lot on 4.168 acres. Subject property being generally located south of F.M. 544 and approximately 655 feet west of Sanden Boulevard. Discussion Applicant: Engineering Concepts & Design Owner: Parker Scholz Properties, Ltd The applicant is proposing to establish a commercial lot and dedicate rights-of-way for public street, necessary fire lane, utility and access easements to accommodate phase one for a medical office facility. An associated site plan was approved 5-0 by the Planning & Zoning Commission at its June 5, 2012 meeting for the proposed two-story, 51, 878 square foot facility. This item is consistent with Planned Development 2012-03 zoning on the property. The Final Plat establishes: • Boundary lines for Lot 1. (Phase 1) • Dedicates rights-of-way for public street, (Medical Plaza Drive) • Provides necessary utility easements. (Subject to Engineering) The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 5-0 to recommend approval of the Final Plat. Approved By Initial Date Department Director RO 06/06/12 City Manager MM June 21, 2012 Page 1 of 1 mm. CURVE TABLE PROPERTY OWNER'S CERTIFICATE E \ POINT OF COUNT',OF COLLIN @ '60 V BEGINNING CA WHEREAS,PARRFre/senoLz PROPERTIES.LTD c the OWNER or p 4168 fie pot or e -n 1 e D°xe s-e pn R2E \ Survey.Abstract No.841 and the MichaelM s Survey Abstract No 563,acre County.y land and beingart o Nedd 20081209001400140, 14 \ I... ...W, ' " 56 acre Instrument M.re.cc,. \ 3 FM ROAD s44 ww\ v metes ana bounds ' right-of-way,ss Records.sa beingaid corner degrees 9r o„Sn39 are pan ra v esrr bee -inch iron rod with cap stamped 3963"set for corner in the 703j. 1 minutes 42 seconds East, 42q aT ,.", eeap ,,. oe4 E.ae 4e E o.ee Market / inch Iron rod wlth yellow cop stomped Ailik_ L,..,m-,_. LS 3963"set for We northeast corner of WyLie High School addltion.an on to CollIn County.as recorded In Cablnet Nr o 46j? 2. to�P rOd wa1.n Sap Records.ap p Collin County.Gee ty Texas bears sand the degrees 4O innrthwest corner of s a22se d /2 42 seconds East.along the south right-of-way of said Farm to Market Road 544 and h� ¢ utes 25 seconds East.a distance of 1 60 feet, / _ 1 9\ \\ W. the norNCE 2256 acre trace a distance of 467.29 feet to a Texas Department of Toonspartat on �' Q. ,:% / lTAD,MON, ((,Doe)monument found or cameo N h' / o` k 41 A N Q / _/m 1) \ s so ergo sns distance or ss o doe ro corner from which whim o rou e the rmonument bears n m mutes o1 SCALE IN FEETU 50 L. econds East,a distance of 0.20 feet: � ��/�� m a E THENCE South 30 for corner; 39 minute 06rseconds East.a distance of&Se steel to a 1/2 inch iron rod with ca line of sold 4.2255 p stamped /� ry �- a /Z 'm� _ "m THENCE r10 seconds scWe g radius of sses oo reef.rose more bears peed /m (D /L/ . T i_ a 40Pdeg396 T minutes 32 d West. distance 1 o the t.st.a distonce of Tea et o f n t ad op c'2/ / / 7�ry". x g000 f� THENCE Southwesterly. to asaid 1/curve the mrigw.through a cent al an e2 f 03 deg3963"set reese and ones 09 seconds.an arc 1a ce �� LOT 1 BLOCK A said curve; / / �9;p0 a t r E65 Ts grew hats se seconds west,a astance or 9z. / 1h cap stamped ° �.� / �'S 3_ RPLS 3963 set for corner \ c ACRES /- /c/ / Wa)5g3\ deg 22 seconds East a distance of 99.05 eel to1/2-inch iron rod with p stamped 1,° m. ry / 4 _ RPLS 3963 North far a 235'0T38" , / ��, THENCE _ R=70.00 % �Yo/ aaPy -inch iron rod with cap stamped yr�ref/ 3gNorth s dsdegrees bey nnng ar a^X°"-seconds won o menrgmin��yVS red Cie ar feet to a tio oo reef wnase enure bean Nartn L=267.26' ` a; oa P distance Northwesterly,t eel th Cie on cave to tth right, dough a ee RPLS gos set r e ena of said carve T=134.10' f w�saelaeP green de an arc ROM FLOOD STLEW / COD v- fight.through a angle o degrees o CH=N 42'5709"W In-" / / of�rv/ e said p p s for to 124.11' - N'037. m �' "A' :ZE..RE.�N� �1N0 CONTAINING tats4s square reel➢r a.tee acres ar land.THENCE North 19 degrees 28 mlnute 30 seconds East.o Ismnce or zezzz reel m me POINT of BEGINNING AND NOW.THEREFORE.KNOW ALL MEN dry pBQ G6\\W we as / THAT,PARKER//SCHOLZ PROPERTIES,LTD.LTD•does Rhereby adapt this plat designalingb the he above described property as the son/ sr / MEDICAL iM1eAZA SlreetsDIT ON an addition to other City h WnPieoTexas,nts shown The simple, n use ( i9 y. y3 any the b y L] forever. i d e dedicated. forever,for ry90 J / a03'45'09" constructed d 1 buildings.purposes indica1ed on this plat.No 1 t dmow.improvementsmay o aced. 9 9 R=5585.00' Um mulual use and accommodation of all public ulilitiesdesiring lo use or using the same unless the easement limitsthe -, L=382.78'95' BOND use as°ti / `",;ax T=182.95' / « w Wylie fences.trees.shrubs or other Improvements or growths whlch may in any way endanger or interfere wlth the construction. 66. /" /a oo' 's CH=S 405.73"W omnot I.o"°nFmmaintenonce,or efficiency af thelr respective systems In soid eosements.The Clty of Wylie ond 2D2112 utIllty entlties sholl at oar n s 92 i3, � °.mna./ 365.71' low o"naa SEMENall times hove the full right of Ingress ond egress to or from their respectIve eosements for the purpose of constructing. n,e line of deed recorded in Vol. iTile 9 9 of t q el D. Bs s /\\ rELA EASEMENT systems wlthaut the necessity at any tlme procuring permlssion from onyone. MO,EASEMEI4t Th at ces,ru regulations a tens a the y We'e Texhs. See . a(SP.)dZescribed hereon / / delineated on the Collin Countdy,Texas and Incorporated / i / ssEE °RP i°'E EasElnE" WITNESS, y nand this the y 2olz Areas.Flood Insurance Rote Map.Mop eatnodgefun z ent Agency, revised the Number d a �v "/l j ST,E SLANE c,,,,IN rEs FOR:POR ER/seHatz PROPERTIES,LTD 2010.The Surveyor uOlized Case No. 0 O6 8the above referenced sedate December lar of Mop in j/ / .cT DEmsEnonawas�rourvLLDE aroulnv.LEE, .ETas Ry- dplain information has or be published bycertify that dthe aFederal Emergency Management Agency Agencys not i / / or r statement shall not create / STATE OF TENAS/ § liobility on We part r. LLIN 3. All Lc Numbers 96reof We are Yellowo1/2"Iron Rods stamped / /i / APPROVAL BLOCK aeothNe mOeF the unde ally appeared instrument and .known to me to be the person whose name is subscribed to the foregoing PRIM 3963. / RECOMMENDED FOR APPROVAL Given y acknowledged under and that he seaoffice,exeecutted the hsame e for the purrpo1e and considerations 2therem expressed. 012. Chairman.Planning Zo g Commission Date y e SURVEYOR'S CERTIFICATE Notary Public in and for the slate of Texas KNOW ALL MEN Be MESE PRESENTS: My Commission Expires Ow "APPROVED FOR CONSTRUCTION" THAW I Robert C.Myers.do hereby certIfy thot this plot wos prepored under my supervlsion from an actuol ond occurote survey of the lond ond that the corner monuments shown thweon were ProPerlY Placed r mY City of Wytie, GIVEN UNDER ance of he SEAL OF OFFICES THIS�HEsenhl DAY of n in hccoreonre with the su2o�Zsian o/ Mayor. yWylie,Texas Dale is a NOTICE:Selling a portion of this and vlo Preliminary,this document will not be recorded for y purpose. / ACCEPTED badditionawn metes Es sub ecbounds FINAL PLAT and'ewithholding of utilities MEDICAL PLAZA ADDITION ROBERTaC.MYERS TE y y y enes Date �I g perm` LOT 1, BLOCK A REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS NO.3963 BEING The undersigned,the City Secretary of the City of Wylie.Texas.herebycertifies that SURVEYOR Wyl eforegoing mlFinal dPlat lo the CtlyMEDICAL on Atne ADDNIdOaNY of aaddition o the Gty of R.C.MYERS SURVEYING,LEC 4.168 ACRES COUNTY OF COLLIN by formal ac 3400 OXFORD DRIVE SITUATED IN THE Before me,the undersigned authority,a sireedtdsihalleysu P entstiop anod walerp andd s T e b pac RowLE T' DUKE STRICKLAND SURVEY, A-841 Professional Loud surveyor,known,meo Ir uayo�to note the a p nce tneoeo oy tslg�ldg ns name os hersm subscribed, F.(9T2)4 - MICHAEL MILLIRONS SURVEY, A-503 me that he executed the same for the purpose and considerations therein expressed. J "'"""`^ EM"IL' "qua 0'I'`°r" CITY OF WYLIE to 0 o the foregoing VeN e oe person no R Notary egol acknowledged witness y one this y AD..2012 A JOB No. 62 COLLIN COUNTY,TEXAS Given under my nand and seal of office.rots the day of .2012. OWNER/DEVELOPER ENGINEERING CONCEPTS&DESIGN. LP PARKER/SCHOLZ PROPERTIES,LTD ENGINEERING/PROJECT 4ANACENENT/CONSTRUCTION SERVICES NotarMy Commission Expires On:0State /4 2a 5eF s VICINITY MAP City of Wylie,Texas wruE,Tx 75098- ° "Ifa,°ij _asoo FAX teem n.r-a.S ee Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2012 Item Number: F. Department: Public Services (City Secretary's Use Only) Prepared By: Shohn Rodgers Account Code: Date Prepared: June 15, 2012 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2012-22(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Pheasant Creek Park project. Recommendation Motion to approve Resolution No. 2012-22(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Pheasant Creek Park project. Discussion In November 2007, the citizens of Collin County approved a $17 million bond proposition for Parks and Open Space. Until the year 2015, Collin County will make these funds accessible to cities and non-profit organizations within the County. These funds will be obtainable through an application process to assist with the acquisition of park land, trail construction, and park/open space improvements. The Collin County Parks Foundation Advisory Board administers the Project Funding Assistance Program. This is a reimbursement program. Applicants must have at minimum dollar for dollar in matching funds, comprised of direct cash or in-kind services, for the project being proposed. Staff received notice in March 2012 that the County was accepting grant applications for this program. Applications must be submitted to the County by July 9, 2012, and awards for successful applications will be made by the County in October 2012. The sponsoring entity must approve a resolution authorizing the project application submittal and designation of a project official. The grant application requests $55,000 in funding from Collin County for the purpose of improving the park land owned by the city in the Pheasant Creek addition. This improvement will follow the recommendations made in the 2012 City of Wylie Neighborhood Parks Master Plan. Staff is currently composing the grant application to meet the July 9, 2012 deadline. Should the grant application be successful, future agenda items regarding an Interlocal Agreement with the County and the necessary budget amendments to account for the revenues and expenses will be prepared for Council consideration. Page 1 of 2 Page 2 of 2 At this time, proposed improvements in the application include the following: • Installation of a playground structure • Installation of a pavilion with picnic tables • Solar powered lighting for the park. • Benches and trash receptacles • Approximately 600 linear feet of 8-foot concrete trail around the developed area and extending to the Rockwall County border Approved By Initial Date Department Director MS 6/15/2012 City Manager MM June 21, 2012 RESOLUTION NO. 2012-22(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER TO APPLY TO COLLIN COUNTY, TEXAS FOR GRANT FUNDING FOR THE CITY OF WYLIE PHEASANT CREEK PARK IMPROVEMENTS PROJECT AND TO DESIGNATE A PROJECT OFFICIAL; CERTIFYING THE AVAILABILITY OF MATCHING FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County, Texas ("Collin County") is accepting grant applications for the development, expansion, or improvement of parks in Collin County, utilizing Collin County Open Space Program bond funds ("Funding"); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interests of the citizens of the City of Wylie, Texas ("Wylie")to improve Pheasant Creek Park; and WHEREAS, Wylie wishes to apply for the Funding made available by Collin County in order to improve Pheasant Creek Park; and WHEREAS, Wylie wishes to designate a project official ("Project Official") for the purpose of working with Collin County in the event Wylie is the recipient of Funding; and WHEREAS, Wylie has identified that the matching funds required by Collin County to apply for the Funding are available from current revenues; and WHEREAS, the City Council of Wylie has investigated and determined that it is in the best interests of the citizens of Wylie to authorize the City Manager to apply for the Funding available through Collin County in order to improve Pheasant Creek Park and to designate a Project Official to act on Wylie's behalf. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Matching Funds. Wylie hereby certifies that the matching funds required to apply for the Collin County Funding are available from current revenues. SECTION 3: Authority to Apply for Funding and Designate Project Official. Wylie hereby authorizes and directs its City Manager or her designee to apply for the Collin County Funding in order to improve Pheasant Creek Park and to designate a Project Official to work with Collin County for purposes related to the Funding. Resolution No.2012-22(R) Collin County Grant Funding for Pheasant Creek Park Project SECTION 4: Effective Date. This Resolution shall take effect immediately upon its passage. Introduced, read and passed by the affirmation vote of the Wylie City Council on this 26th day of June 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2012-22(R) Collin County Grant Funding for Pheasant Creek Park Project WYLIE PARK MASTER PLAN - PARK SITE B PARK AREA'I r ��; 1 ' PARK AREA 3 NEIGHBORHOOD '.'h '` 4 NEIGHBORHOOD PARK a �� GATHERING i • Playground Equipment €€ ��a PevNbn etirMufti Use Volleyball I - a _ � Boardwalk Basketball Court h �� • 8'Trail connecting entire r4 " ngs park anc�ainainen r 8' it connecting entire.: • Enhance park with shades �� ti '— park and all amenities trees.ornamental trees, - F • Enhance park with shade and landscaping. _ b tree `�-�: a� f.. \. and landscaping - • s jf# n. m PARK Z AREA 1 O6' PARK _ PARK AREA 2 . ; AREA 4 1p �O9PARK O" LAKE RAY �- AREA 3 x, s o HUBBARD PARK AREA'2 �,� t -,7 -- PARK AREA HOA OPEN SPACE _ �� <, ( OPEN�SPACE. i • BoaMPalk 4 Vim_ % �'* z 0 � 1;5 - '� • Boardwalk • Obseivatlon Deck " -� 5 Observation Deck • 8'Trail oonr►ecting entlre '- • ••; - ' •-8'Trail connecting entree.- park end.all Deck es . � _ park and all amenities d . • Enhance paric with shade °* NEVA LN; i'll Enherica perk With shade __ a, trees ornamental trees apd larxlscaping.. � � landscaping. trees -, .., PREPARED BY 7/tif Er s7.P TETEAGUE HALL AND PERKINS I- - OCTOEER 7,ZOtt Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2012 Item Number: G. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: June 15, 2012 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, approval of Resolution No. 2012-23(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Municipal Complex Trails project. Recommendation Motion to approve Resolution No. 2012-23(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Municipal Complex Trails project. Discussion In November 2007, the citizens of Collin County approved a $17 million bond proposition for Parks and Open Space. Until the year 2015, Collin County will make these funds accessible to cities and non-profit organizations within the County. These funds will be obtainable through an application process to assist with the acquisition of park land, trail construction and park/open space improvements. The Collin County Parks Foundation Advisory Board administers the Project Funding Assistance Program. This is a reimbursement program. Applicants must have at minimum dollar for dollar in matching funds, comprised of direct cash or in-kind services, for the project being proposed. Staff received notice in March 2012 that the County was accepting grant applications for this program. Applications must be submitted to the County by July 9, 2012, and awards for successful applications will be made by the County in October 2012. The sponsoring entity must approve a resolution authorizing the project application submittal and designation of a project official. The grant application requests $450,000 in funding from Collin for the purpose of installing trails in the Municipal Complex property following the recommendations in the 2010 City of Wylie Parks, Recreation and Open Space Master Plan, and the Trails Master Plan, as shown on the exhibits. Staff is currently composing the grant application to meet the July 9, 2012 deadline. Should the grant application be successful, future agenda items regarding an Interlocal Agreement with the County and the necessary budget amendments to account for the revenues and expenses will be prepared for Council consideration. Page 1 of 2 Page 2 of 2 At this time, proposed improvements in the application include the following: • Installation of approximately 5,000 linear of 12-foot wide concrete walking trail on the Municipal Complex property to establish connectivity from FM 1378 to the east meadow and to West Brown Street. • A pedestrian bridge or low water crossing to connect the west meadow to the east meadow. • Benches and shade structures for rest stops. • Trail signs and markings. Approved By Initial Date Department Director MS 6/15/2012 City Manager MM June 21, 2012 RESOLUTION NO. 2012-23(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER TO APPLY TO COLLIN COUNTY, TEXAS FOR GRANT FUNDING FOR THE CITY OF WYLIE MUNICIPAL COMPLEX TRAILS PROJECT AND TO DESIGNATE A PROJECT OFFICIAL; CERTIFYING THE AVAILABILITY OF MATCHING FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County, Texas ("Collin County") is accepting grant applications for the development, expansion, or improvement of parks in Collin County, utilizing Collin County Open Space Program bond funds ("Funding"); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interests of the citizens of the City of Wylie, Texas ("Wylie")to improve the Municipal Complex; and WHEREAS, Wylie wishes to apply for the Funding made available by Collin County in order to improve the Municipal Complex; and WHEREAS, Wylie wishes to designate a project official ("Project Official") for the purpose of working with Collin County in the event Wylie is the recipient of Funding; and WHEREAS, Wylie has identified that the matching funds required by Collin County to apply for the Funding are available from current revenues; and WHEREAS, the City Council of Wylie has investigated and determined that it is in the best interests of the citizens of Wylie to authorize the City Manager to apply for the Funding available through Collin County in order to improve the Municipal Complex and to designate a Project Official to act on Wylie's behalf. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Matching Funds. Wylie hereby certifies that the matching funds required to apply for the Collin County Funding are available from current revenues. SECTION 3: Authority to Apply for Funding and Designate Project Official. Wylie hereby authorizes and directs its City Manager or her designee to apply for the Collin County Funding in order to improve the Municipal Complex and to designate a Project Official to work with Collin County for purposes related to the Funding. Resolution No.2012-23(R) Collin County Grant Funding for Municipal Complex Trails Project SECTION 4: Effective Date. This Resolution shall take effect immediately upon its passage. Introduced, read and passed by the affirmation vote of the Wylie City Council on this 26th day of June 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2012-23(R) Collin County Grant Funding for Municipal Complex Trails Project 2010 Parks, Recreation &Open Space Master Plan FINAL CONCEPT PLAN DEVELOPMENT Based upon the review and input of City Council Parks Board and staff, the Planning Team developed the final concept plan. Figure 7.5 Final Concept Plan 5.41('wumdike d , --.., � rThe'fiara" : r . � b:''" Cultural Center + f e p Managed Wildflower/ `;' v...r f I Nall Grass Meadow ! r 1rrIll r ;�W [1---: • r` I Comrooas' 1. r }} 1 i :; �. . it, , V. r r VI ;� , , f'•, ', � j '{ ., ,e_�.—___I��Eoriraameatalr -. ., e l co, 3 s$ _„,:i. . ,1 1 Education ;,. £`_ ,+ • a •. - . . , ,,,1, Center i s. c iv ti , G III, s r.0 4 � Gv r // t � t� �' T 1Amphitheater 1 wY.' I9[ / �+�,. y q4.� � "b sr oiTi -h.Y• ;i rt 7 : 4,,i.. .--, yy t��`' .tom. +• 4 w j r '.. r y !.- • Managed Wildflower'• \ x_'" A. r.. 4'-,, Tall Grass Meadow R' i # k r , I. tMai T119 a,.k �'4 ''', "�-- • �k r_,� �k• ,. °`' A•of _ ` J y-•..L.: . Managed Wildflower! �- - �..�_ `_••• j� Tall Grass Meadow Tr--r-y-y I LEGEND �`'~ * Trails +-- " - r au 0 Civicfb ®'Part * 4 . s__ The number one goal to be achieved through the Municipal Complex Property Master Plan is habitat protection. Through the vegetative and physical analysis of the site, it was discovered that the most interesting and beautiful parts of the property are also the most ecologically sensitive. The creeks are surrounded by majestic canopy trees which are a wonderful natural resource to take advantage of but (as these areas are easily accessible) extra care must be taken to maintain this environment in its current form. For this to happen, it is crucial to entirely preserve the upland forest associated with the creek corridors while also preserving a 100' to 150' wide buffer strip of land around the edges of the forest. Any development in these areas should be limited to trails only. The buffer strip creates an added measure of protection for the creek environment by increasing the amount of time it takes for surface runoff to make its way to the creek and by filtering harmful pollutants and sediment from the runoff before it enters the creek. 7-10 Chapter 7—Municipal Complex Property Master Plan Preserving the upland forest areas along the creeks as well as the buffer strip around h not only help to ensure that the environment will continue tothrive in its natural state, but also ensure the continued presence of wildlife within the corridor. This type of area generally provides amulti- layered habitat including trees, shrubs, grass, and herbaceous plants, as well as aquatic 6ubda1` all of which supports a highly divecaearroyofDncaoodfauou. lo addition to permanent habitat, these areas provide breeding, foraging, and resting anroo for all types of birds, insects, reptiles, and rnurnono|m, whether permanent or transient. Finally, one of the primary reasons for establishing o buffer strip around these areas is due to the fact that the places vvhecc two ecological zones meet an: extremely important from o vegetation and wildlife dynamic point of view. Aoionu\s may forage in one zone while resting in the other and plants are often adapted to that specific edge zone. In the dcmigom1cd buffer zones around the upland fbncmtm, mm4uugcmncot practices should be implemented based on the detailed analyses of existing vegetation and soils. As previously mentioned, these practices may range from yearly mowing to introducing ao entirely new native seed mix. The large area of open space ou the East Meadow io ideal for yearly mowing practices and specific restoration efforts in key areas where soils may tend to erode. With these principles in mind of preserving the ecologically sensitive parts of the site, an overall theme for the Municipal Complex Property begins to tubc shape: °^kmumd lightly on the Xand.^, Building upon the signature City 8a\L Library and Rcuncn1iou Center, the design of the Municipal Complex Property focuses on striking a bo\000c between high intensity, active areas and \ovv intensity, passive areas in order to make the most of this new civic destination. The intent of the design is to purposely link the civic uses together in a looping pattern, hugging the edge of the woods like o string ofpearls. V{muo\ recognition is a key point in determining the layout of the site. Approaching the intersection of Brown and F.M. 1378, "The Cnmnonnos" acts like ogcaod flout yard for the civic complex and associated buildings. This open space functions as aspocc where the history and culture of Wylie are to be celebrated. Imagine a group of horses (real horses or sculptures of horses) in the space and a split-rail fence, likening back to historical Wylie when ranches and open space was the norm. Serving as the cultural center, "The Bacn" is u facility with exhibits, artwork, and historical artifacts geared toward strengthening the bond everyday citizens have with their city. The environmental education ccotcc south of The Barn is another link in the string of pearls vvbccc programs that look nftcc and rnoiotoiu the vegetation on site can be managed; this can also be the \nco1iou from vvbicb guided tours of the area originate and community outreach programs are held. A "Friends ofThe Municipal Cnrnp\cx Property" type organization can bcu way ofensuring kids and adults alike are able tocome tn the area, explore, and learn about all the important ecological features readily on display here. Moving to the amphitheater, this facility utilizes the proximity of the civic complex to attract visitors for outdoor performances, summer evening movies, weddings, or any number of other uses. The enclosure of the trees makes this space feel comfortable and inviting. Walkability from within the civic complex and all throughout the site is important as this should be u very pedestrian oriented destination. As per the educational importance ofthe property and its management practices, it is important to provide trail connections throughout the preserved 7-11 2010 Parks, Recreation &Open Space Master Plan areas in a way that is less impactful on the landscape. "Cow paths" are typical when users want to make their own way throughout the forest; to avoid this, boardwalks should be considered in the more sensitive areas such as next to the creek or through a prairie restoration area. Overall this plan recognizes the civic complex as the catalyst for a new "City Center" that embodies not only City government, but also creates a destination for recreation while celebrating the cultural and natural heritage of the City of Wylie. The end result will be a strong sense of community and increased quality of life for Wylie residents. I PLE ENTATION TRATEGIES In order to realize the vision set forth for the Municipal Complex Property in an efficient manner, certain implementation strategies should be considered. Suggested Phasing Due to its size and layout, phasing is an important part of implementing the master plan for the Municipal Complex Property. It is important to establish certain aspects of the design early-on in the process to maintain the overall integrity of the master plan. Phase One: Consists of hike and bike trails throughout the portions of the site intended to be left in a natural state and the implementation of signage for educational purposes and protective measures. Examples of this include interpretive signs identifying native plants or stream dynamics, establishing important viewpoints, and boardwalks and/or "no-access zones" through the most sensitive areas. Phase Two: Consists of establishing "The Commons," the amphitheater, and the environmental learning center, which will make up one half of the civic ring. With the protective measures in place from Phase One, the environmental learning center will become a gateway to experience the landscape itself, and the amphitheater and commons will provide the finishing touches to make the Municipal Complex Property a true destination. 7—12 Avon Traps .s. —_ /1_ke Emfkq Trdk Parker cP•s•r•sb 1..Gf ay.ri. - * off,; ., Trap Comacdon Candidate y�} p- St.Paul I • - Tna Connection Canddata j'i111111 yr 5 f rn y�• l II .*Fir �• ..,•• •:... t 00a00 Lakefront Trail f -.i, .4 .: .to Candidate-Partnership Y�'. o.n.■ \ .. p .;-'.4 ..•. •:'-•y - Existing Connection r • ` i"„ • oer. FWwe CaagcUon .s:� Y }r { ..�, "a. -o'`"«,"� Crosskge&Gateways -- am • •. :? ( ;.;, - ••.s @ PoteMrat Atcrada Crossing T .a f re••••a•• ■ Potential Underpass Connection I. ;,,.- • .... e fix! _ Manor Tray x Inane:lion . �` • , 3 ''' �- -•fie•• _ - ° _. - I • `Aid1,0 — O- R A ®1• r*. .� ,ata 4 ,...„ ,.. , ,......a.... ,,,,f.ti Minor Trek Gateway IMersedlon Patna r r•i ¢ `ile r'`r:. .. ''.. _f i. k .,r ,. Prier; f.Ai.. . t 4 ors, �} bcrom•nfa io•4) Primary Cdy menxY OppnrtnaY —t steer. €z r.. f,_ r s; j .. x .- r - vi klamey Opportu ty. ..J, �iL. y+%r., r 5 ,..r� .• I .� Sacpdary Cky�•T r4 L r i • e e'en►- "G'7: weae - T 1"'' " #i 0 i. Ir art•....aas....4 r -1:. ;; ,.,armor.. .."'S� •••••- --..4- ,---.'k;I, / ® Parks Open Space :w �•,. r- 4 '• a J I�. • •3. .,M.•? - ' __ r T 4 -itl i• / ! AmHCrP.of Egsreen e t O - -- \.�. •� . . Ioliresarl�•v / isl 6 . L_ A ••• •� i ' ai I MarrbWr Conrples r a n.h .• - i r "Ts.....a•• i4•.s School Skew • r.rs o l :. .• Saes. bsa Ie ," .;.�: .n ry i FloodplWr tw"anr. 9ybm a U ." PaanW Sachse •/. ._� • .4 I Ca e. r *c •g,�-- 00Hba.orrws Volra.:=, city Wye EJ F S COLLIN COUNTY `"" V : COLLIN C_b Lit#T-N" Thoroughfares&Utilities DALLAS COUNTY • ROGKWALL COUNTY rnr ,,, PrncryTh mr a/ PrM.bO.nan.~ o0. "•t paw Ow lhanwahnia Moo pc itl / a ine f.. ± Campreherrsae Plan Addition • w __ Cryan isr lna.rel•an Plan/ .y' ulikty comdar pm s s000 MOO — IJTMOm W Eemen Co.•alen is Preliminary Trail Network Plan " r • Pala' 22,20'2 •nr•r kt?y e Twills Mas'er'1)1an z DUNAWAy oar•'•=�r�•".' 1 xri-iai l\ri.r • • f-i ivkF 1 Ill'Ii 1CYrai R I`vcrcu.i ell,I.ela(l(r4 a1{Ilrri1r111t:d Irtili --- Wish Is SorIsts.r f.ulr(f,lllgs, Greenways&Utility Corridors Udine greenbelts,dninageways, • •binnicipal Complex Property lea..3.5 main) ••Greenwary o 0.1 minimum r 12'---14'preferred •Concrete •$5/sq.ft. &utility corridors as trail system •Central 800dpl in(couch from Communny Park)(en.I mile) •Utility Corridors,12-14`preferred •Crushed Stone •S 4 7 sq.ft. (Total Estimated 3225 miles) connections •Rush Creek floodplaln&riparian corridor(en.3.5 miler) ••Nature Trails,6'.8'Range •Drainagew-ay connection horn Park to Joel Scout Memorial Park(en..5 mile) • •Dninageway horn WA Allen through Pheasant Creek Park to Lake Ray Hubbard(en.1.5 miler) •Overhead dearic from Municipal Complex to NTMWD property(ern 1.5 miler) •NTMWD easement at Lavon Lake(en.1.5 mils) • •Sewer easement a Pleasant Valley(en.1.5 miler) •Overhead dearic casement horn Avalon Park o Lake Ray Hubbard(ere 1.5 miles) •Rail condor connection horn McCrary o Lakeside Enna Park Mir. mile) •Rail corridor rhrough Huoric core(ert..5 mile) •Rail corridor along Highway 78(en.2 miler) •Borman Farms horn OHE o Rush Creek(en.2 miles) • •Avalon Park(2)to Rush Creek 611..5 mile) •Along fftest Ross loco Eubanks to Ease Fork Park(err.I mile) •Community Park to Ballard(en..5 mile) •Brown through Birmingham Farms(et).75 miler) •Muddy Creek from Parkes to McMillen(en.2 miler) •Muddy Credo horn McMillen to Municipal Complex(en.2.5 milk) •Muddy Creek horn FM 544(Kirby)to Hensley(en.1.5 miler) • •Muddy Creek from Founders Park to Woodbridge Golf Club(err.1 mile) •Alanis Landfill to Woodbridge Golf Club(rn..5 mile) •Woodbridge Golf Club to Muddy Creek Prune(rut./mile) • • ' _ Lake Frontage/Access Open walkable/bikalk acress •Shoreline along Collin Park to NTMWD easement(en.2.5 miler) •Shoreline Trail.12'-(4'preferred :•Comae •S 5 1 q•ft, (7bwl Estimated 12.5 miler) to Lavon Lake&Lake Ray •NTMWD Easement at Laren Lake ten.1.5 miler) •Nature Trash,6'-8'Range •Crushed Stone •S 4 I sq.ft Hubbard •USACE shoreline near NTMWD station(en.1 milt) •Shoreline along Fast Fork Park hie 2 miler) •Skyview Dr horn East Fork Park to Avalon Park(err.5 mile) •Shoreline along Avalon Pak(rut.1 miler) • •Skyview Dr.from Avalon Park to Hwy.78(en.1 milt) •Along Boodp6ln/ETJ 8mio from Hwy 78 ro otvhad ekaric casement at north read of Lake Ray Hubbard(en.1.5 main) •Along Ray Hubbard Shorlinc @ Ruth Creek(err..5 mile) Roadways&Parkways Provide soh,walkable/Likeable •Along McCrary from McMillen to Hendry(Oct.1 mile) •8'•10'rnrnimuo where R.O.W.available •Conane •SS I eq.ti. (Tota!Errimaud 21 miles) connections to&from key city •Along Westgate from Joel Scott Manorial Pak to Kirby(FM 544)(eet..2 mile) •8'in narrow width R.O.Ws 'destinations •Along Ballard from doe electric easement,to historic downtown(en..5 mile) •Along WA Allen from Stone to the Pheasant Creek greenbelt area(en.1 mile) •Along Parker Rd.from city limits to Country Club Rd.(en.1 mile, •Along McMillen to Dodd Elemmury(en.1.5 miles) •Along Pak(Davis Intermediate School to Forrest Rota(en.2.5 miler) •Along Brown from municipal complex to Wyhe Ease High School(en.2.5 miler) •Along FM 544 from McCreary to Rush Creek(en.3 miler) •Along Hendry from Country Club to Sanders(ere..5 mile) •Along Alan,,from Hendry to Rush Creek(en.3.5 miler) •Along Skynew from Wylie E.H.S.to OHE(en..25 mile) •Along Ballard horn Alan,,to Pleasant Valley(eat 1.5 miler) •Along Sachet Rd.from Ballard to Woodbndge Golf Club(rut./mile) •Along from electric easement to Park(ert.•5 mile) •Along Country Club from FM 5M to city limiu(r.1 code) • Trailheads&Intersections i Esrabluh 1«uo aru for era load Major Trailheads/Intersections: •Verirs •Concrete ,••S 5!sq.f erocmenta('serve u wayfindlecg •FM 544 @ Country Club •Enhanced Concrete •S 8-$101 q h •&eigcarure elements throughout •co....),Pak @ Thomas Future City Identity Opportunities •Unit Pavers •$8 i sq.f 'the coil system •Eubanks @ cad corridor near Centennial Major •Hwy 78 @ Alanis Minor Trailheads/Intersections: •Hwy 78 @ Ballard •McMillen @Muddy Creek •Hwy 78 @Wylie Eon Dr. • •Country Club @ McMillen •McMillen @ McMillen Jr.High School Minor • •Park @ Dares Intermediate School •McCrary @ McMilkn • •Skyvieo @ Forrest Rota •McCurry @ FM 594 •Skynew @Wylie Lake Park •Pukes @ FM 1378 l Country Club ' •Skyview @ Mellon Pak •Park @ FM 2514 • •Country Club @ Brown •Hwy 78 @ FM 544 • •Ballard @Browse•Okk City Pak •Ballard @ Alanis ••Hwy 78 @ Woodbridge Golf Club •Hwy 78 @ Eubanks •Woodbridge Golf Club @ Ballard •Troy @ Alanis •Rosh Creek near Troy @ Alanu •Brown 0 Wylie Fyt Dc. coy Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2012 Item Number: 2. Department: City Secretary/Art Liaison (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: June 18, 2012 Budgeted Amount: Exhibits: Contract Subject Consider, and act upon, the final artist and art design for the Downtown Mural Art Project, and authorize the City Manager to execute a contract to commission the art in the amount of$15,000. Recommendation A motion approving the final mural art design by Roger and Karen Nitz and authorizing the City Manager to execute a contract to commission the art in the amount of$15,000. Discussion In March of 2012, the Public Arts Advisory Board published a "Call for Artists" to art websites including publicartist.org for the Downtown Mural Art Project located on the south facing exterior wall at 104 S. Ballard, Wylie, Texas. In response to that call, the city received 11 regional artist responses for the 12' X 60' mural. The Public Arts Advisory Board appointed an Art Selection Panel to review the 11 artists and narrow the artists to three semi-finalists. The artists selected were: David Eden, Kyle Wadsworth, and Roger and Karen Nitz. These three artists were invited to attend a community input meeting to learn more about the city, downtown area and what the public wanted to convey within the mural. The public spoke about the history of Wylie and the downtown area. They wanted to convey a sense of pride in Wylie and have something that would draw people in to the mural and downtown area. The artists went back to their studios to create a final maquette design of what they felt would best fit the space, park area, downtown architecture and public input. On June 1lth the selection panel met with the artists to review their presentations of the final art designs. The panel unanimously chose Roger and Karen Nitz as the finalist for the Downtown Mural with some small changes to the design. Members serving on the selection panel included: Alexis Tapp - Artist (owner of the building where the mural will be placed); Lynn Grimes - representing the Downtown Merchants and owner of Wylie Art Gallery; Margaret Robinette - retired City of Dallas Public Art Coordinator; John Pototschnik — Artist; Gaynell Reed - Public Art Advisory Board member; and Ann Martin - longtime resident of Wylie. City Engineer, Chris Holsted and Public Services Director, Mike Sferra were non-voting advisory members. The Public Arts Advisory Board would like to publicly thank the Downtown Mural Selection Panel for their time and commitment to this art project. The art design was unanimously selected by the Public Arts Advisory Board after recommendation by the selection panel and is recommending Roger and Karen Nitz to the Wylie City Council as the artists to commission for the Downtown Mural Art Project. Page 1 of 1 Page 2 of 2 The design presented tonight by Roger and Karen Nitz have all the recommended revisions and will be the final art design for the downtown mural. The City Attorney's office has reviewed and approved the contract as to form. The contract has a completion of fabrication and installation date of August 30, 2012. This is flexible with regard to installation timeline changes; the city will not be responsible for storage of the art materials prior to final installation and acceptance by the city. The contract warranties the workmanship for 5 years and damage such as graffiti for one year however the artists have indicated that maintenance on this piece would be minimal in cost. Provisions regarding the lease agreement (south wall) with the building owners is addressed in the contract under Section 8.3. Approved By Initial Date Department Director CE 6-18-2012 City Manager MM June 21, 2012 AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND ROGER AND KAREN NITZ DBA,K&R ARTWORKS (ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED DOWNTOWN MURAL (OLDE CITY PARK) PUBLIC ART PROJECT 104 S. BALLARD BLOCK 4,LOT 3 KELLER'S ADDITION SOUTH-FACING EXTERIOR WALL WYLIE, TEXAS 75098 Made as of the 12th day of June, in the Year 2012 BETWEEN the City: The City of Wylie, Texas 300 Country Club Road, Bldg. 100 Wylie, Texas 75098 Telephone 972-516-6023 and the Artist(s): Roger and Karen Nitz, DBA K&R Artworks 8701 Aviary Drive McKinney, TX 75070 Telephone 214-236-9991 For the following Project: Fabrication of a painted mural as approved in design by the Wylie City Council to be 12' high X 65' in width. The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as (the "City"), and Roger & Karen Nitz, DBA K & R Artworks, hereinafter referred to as (the "Artists"), to be effective from and after the date as provided herein,hereinafter referred to as (the "Agreement"). WHEREAS, the City desires to engage the services of the Artists to prepare and paint the proposed Downtown Mural Art Project,hereinafter referred to as the "Project"; and WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 NOW, THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby,the parties hereto agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artists - The City hereby agrees to retain the Artists to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services - The parties agree that Artists shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit"A", in the form of written change orders,may be authorized from time to time by the City. 1.3 Schedule of Work - The Artists agree to commence work by the first week in July 2012 and upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit `B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than August 30, 2012. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data - The City shall furnish required information that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager - The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project(the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services - As described in "Article 1, Artist's Services", compensation for this Project shall be Fifteen Thousand Dollars $15,000.00) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit `B", attached hereto. The final fifteen (15) percent of the Artist's Fee, or Twenty Two Hundred and Fifty Dollars ($2,250.00) shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the artwork services and tasks described in Exhibits "A"and`B", attached hereto ("Artwork"). 3.2 Invoices — No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Artist under this Agreement shall resume upon the payment of the earned fees by the City. 3.3 Failure to Pay - Failure of the City to pay an invoice, for a reason other than cause, to the Artist within sixty (60) days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation - If the Scope of the Project or if the Artist's Services are materially changed,the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. Project Suspension - If the Project is suspended or abandoned in whole or in part, by the City for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT Ownership of Work- The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette, which are prepared by the Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the art for the Downtown Mural Public Art Project transferred to the City upon full payment of Artwork described in Exhibits "A"and"B"attached hereto. Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense,to protect the copyright of the Artwork. License to City - The Artists irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non- commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. Copyright Notice — The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Roger&Karen Nitz, DBA K&R Artworks,Artists" 4.5 Representations and Warranties Regarding Copyright — The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible rights of any third party. ARTICLE 5 FABRICATION Specifications — Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the Design approved by City as set forth in Exhibit"A". Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a "significant change"will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the Design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval from the City of the change in writing at the address provided in Section 14. City will provide a written response within thirty(30) calendar days. Review of the Artwork— The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. Notification of Fabrication Completion — Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and finish out requirements and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the site inspection, photographic documentation may be submitted to the City upon completion of the Artwork. Preparation of Site — Due to the nature of the site project and installation of the Artwork, cooperation from the City's designated City Projects Manager is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. The Project Manager will utilize the design drawings and if, during installation,the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings. Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five (5) years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and expense. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 ARTICLE 6 STORAGE 6.1 Storage—The Artist shall be solely responsible for any and all necessary storage and transportation costs associated with this Agreement and/or the Project. Artist shall remain solely responsible for ensuring the safety of the Artwork until the permanent installation is completed and the Artist receive final approval of artwork as required herein. ARTICLE 7 FINAL APPROVAL OF ARTWORK tc \11 "DELIVERY. Artist will supervise or cause to be supervised by his subcontractors the packing, crating, transportation of the Artwork to the Site and will cause the Artwork to be delivered to the site of installation.tc\11 "FINAL APPROVAL OF ARTWORK. Within ten (10) business days of the permanent installation of the Artwork, the City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City within fifteen(15) days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. Artist agrees for one year to repair the art at his cost should these issues arise. During Artist's lifetime,the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work— To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, relinquishment and abandonment of the copyrights described herein. 8.3 Revision, Removal or Destruction of the Work—Artist acknowledges and understands that the Artwork shall be located on a wall that is the subject of a lease agreement between the City and the property owner ("Lease Agreement"). The City does not own the wall on which the Artwork shall be located. The Lease Agreement shall terminate on June 30, 2014. The City is prepared, at this time, to take all reasonable efforts to renew the Lease Agreement; however, there is no guarantee that the Lease Agreement will be renewed. Therefore, Artist acknowledges and agrees that at the termination of the Lease Agreement,the Artwork may be revised, removed, or destroyed by the property owner or the City, and Artist further acknowledges and agrees that Artist shall have no cause of action against the City for Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 any revision, removal or destruction of the Artwork. In the event the Artwork is revised, removed or destroyed as a result of the termination of the Lease Agreement,the City shall make reasonable efforts to inform Artist prior to any revision, removal or destruction. 8.4 Credit — The artist agrees, at his own expense, to prepare and install at or near the Project a public notice,the form and exact location of which shall be solely determined by City,giving Artist credit for the creation of the Artwork. The artist will work with staff to create the plaque. ARTICLE 9 INSURANCE COVERAGE Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including theft, fire and damage) and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: Name the City, its officers, agents, representatives, and employees as additional insured are as to all applicable coverage with the exception of workers' compensation insurance. Provide for at least thirty(30) days prior written notice to the City for cancellation,non-renewal, or material change of the insurance. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Insurance company qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artists agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 The Artists agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Artists shall execute the Affidavit attached hereto as Exhibit"C"and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement void able. The Artists agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit"D"and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist's Default — Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) day written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default— If the City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget,the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination,Artists shall deliver to City all work, entirely or partially completed. The Artists shall receive as compensation, full payment for services satisfactorily, as solely determined by the City, performed as outlined in Exhibit "B", as applicable, to the date of the termination notice received. The City shall make this final payment within thirty (30)days of notifying the Artist. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mindy Manson City Manager Carole Ehrlich Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie, Texas 75098 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Roger and Karen Nitz, DBA K&R Artworks 8701 Aviary Dr. McKinney, TX 75070 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A"through "D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit,the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue - This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration -This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration,the sufficiency of which is forever confessed. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver -Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 Death of Artist — In the event the Artist dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design, conception, and plans by Roger or Karen Nitz,Artists. 15.15 No Third Party Beneficiaries —Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 IN WITNESS WHEREOF,the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. EFFECTIVE DATE: June 26, 2012 CITY: ARTIST: The City of Wylie, Texas Roger &Karen Nitz,DBA K&R Artworks,Artists Roger D.Nitz Jr. By: Print Name: Roger Nitz,Artist Karen E.Nitz By: By: Mindy Manson, City Manager Print Name: Karen Nitz,Artist Approved as to Form: By: Abernathy, Roeder, Boyd&Joplin, P.C. City Attorneys STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2012. Notary Public in and For the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 BEFORE ME,the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared Roger D. Nitz Jr., Artist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2010. Notary Public in and For the State of STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared Karen E.Nitz,Artist,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2010. Notary Public in and For the State of Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND ROGER& KAREN NITZ,DBA K& R ARTWORKS FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED DOWNTOWN MURAL PUBLIC ART PROJECT 104 SOUTH BALLARD WYLIE, TEXAS 75098 Project Description Downtown Mural Public Art Project To fabricate and install the proposed Downtown Mural Public Art Project artists Roger and Karen Nitz dba K&R Artworks will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted Marquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. A final project budget breakdown not to exceed$15,000 and including an installation timeline. B) Following formal approval by the Public Arts Advisory Board, and the Wylie City Council, the Artist shall submit a final drawing. C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2,must be approved by the City. It is the responsibility of the Artist to coordinate with the City, the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. The Artist will be responsible for preparation of the site, including installation of the foundation base, risers, sculptures and lighting. The City will be responsible for landscaping around the space. D) Upon completion of the permanent installation and clean-up of the site,the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten (10) days of City's final acceptance of the Artwork. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 MAINTENANCE PROCEDURES Materials and Care Information Sheet (to be filled out by the artist and submitted upon completion of the project prior to final payment.) Artist: Roger and Karen Nitz, dba K&R Artworks Date: 6-26-2012 Title of Work: Wide Awake Wylie Media: Acrylic paint- Mural with oil sealant Specific materials used (Brand name and type of all materials, i.e.type of paper and fiber content, mental alloy, chemical composition of patina, etc.) Acrylic paint with an oil sealant protection from wear and UV rays Specific techniques used in the fabrication of the Artwork. (Airbrush painting,lost wax casting, TIG welding, etc.): Hand painted with airbrush shadows and highlights Grid on building to aid in proportion and placement of characters Fabricator name and address (if other than artist): N/A N/A Installation materials and techniques (Attach as-built drawings as appropriate): Exterior Latex Paint Paint brushes and airbrush Oil sealant and high UV protectant Scaffolding Grid work for placement Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): New coat of sealant every 2 years Oil satin finish with high UV protection Helmans oil Cautions regarding maintenance,handling, etc.: None Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EXHIBIT "B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND "ROGER AND KAREN NITZ, DBA K&R ARTWORKS" (ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED DOWNTOWN MURAL PUBLIC ART PROJECT LOCATED AT 851 HENLSEY LANE,WYLIE TEXAS 75098 Completion Schedule and Project Billing TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of June 22 Agreement and Notice to Proceed. Insurance documentation sent to City. 2 Submit final design and June 26 budget breakdown for approval to city staff. 3 Artist begins work upon $12,750 July 5 issuance of city permit. 4 Artwork drawn and color applied confirmed with staff. (pictures or examination) 5 finish artwork Aug 30 6 City Inspection and $2,250 Aug 30 approval-final signoff TOTAL $15,000. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EXHIBIT "C" AFFIDAVIT THE STATE OF TEXAS § COUNTY OF COLLIN § I Roger & Karen Nitz, dba K & R Artworks, Artists, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be peculiarly affected by the work or decision on the project(check all that apply); Ownership of 10%or more of the voting shares of the business entity. Ownership of$2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10%of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least$2,500. X None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Wylie, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. SIGNED this 26t1 day of June , 2012. Roger D.Nitz Jr. /Artist Signature of Official/Title BEFORE ME,the undersigned authority,this day personally appeared Roger D.Nitz Jr. and on oath stated that the facts here in above stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this day of , 20 . Notary Public in and for The State of Texas My commission expires: Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EX BIT" " C LI T •F I T T Tie F I For vendor or other person doing business with local governmental entity Page 2 A Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary A. Is the local government officer named In this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No a. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D Describe each affiliation or business relationship IA Describe any other affiliation or business relationship that might cause a conflict of interest. Jj Signature of person doing business with the governmental entity Date Amended DE113/200d Agreement for Community Park Public Art Project,Roger and Karen Nitz,DBA K & R Artworks,Artists 611190A EXHIBIT "E" LEASE AGREEMENT MAINTENANCE OF MURAL AT OLDE CITY PARK This Lease ("Lease") is made and entered into this 10th day of August, 2004, by and between Roger Hankey, an individual ("Lessor"), and the City of Wylie, Texas, a home-rule municipality ("Lessee"). In consideration of the mutual covenants and agreements set forth in this Lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the property described herein, as follows: ARTICLE 1. PREMISES Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, subject to the terms and conditions hereof, the exterior surface only of the south-facing exterior wall on the building located at Block 4, Lot 3, Keller's Addition, City of Wylie, Collin County, Texas (104 S. Ballard, Wylie, Texas) (the "leased premises" or"premises"). ARTICLE 2. TERM The term of this Lease shall be ten (10) years, commencing on July 1, 2004 and ending on June 30, 2014, at which time this Lease shall terminate unless terminated earlier as provided herein. ARTICLE 3. RENT For the term of this Lease, Lessee agrees to pay to Lessor the sum of TEN AND NO/100THS DOLLARS ($ 10.00). ARTICLE 4. USE OF PREMISES Permitted Use 4.1 Lessee may use the leased premises, continuously during any term of this Lease, for the purpose of repairing, replacing, altering and maintaining a painted wall mural. Lessor's Use of the Premises 4.2 Lessor shall not use the premises in any way that interferes with the permitted use of the premises by Lessee. ARTICLE 5. APPROVAL OF PLANS If Lessee shall desire to materially alter the general design of the mural as it exists at the start of this Lease, Lessee will submit plans generally depicting the new design to Lessor, which are subject to the approval of Lessor; said approval not to be unreasonably LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 1 withheld, delayed or denied. Any plan submitted by Lessee shall be deemed approved by Lessor unless disapproved within fifteen(15) days of such submittal. ARTICLE 6. TERMINATION Lessee may terminate this Lease, at any time and for any reason, by giving Lessor thirty (30) days notice in writing of its election to do so. ARTICLE 7. TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, real and personal, special assessments and governmental charges of every character imposed during the term of this Lease. ARTICLE 8. ASSIGNMENT OR SUBLEASE Neither party shall assign this Lease, in whole or in part, or sublet the premises, or any part thereof, without first obtaining the express written consent of the other party. Notwithstanding, should Lessor sell the building upon which the leased premises is located, Lessor shall assign this Lease to the new owner, who shall fulfill Lessor's obligations hereunder. ARTICLE 9. UTILITIES AND GARBAGE REMOVAL Utility Charges 9.1 Lessor shall pay all utility charges for water, electricity, heat, gas and telephone service used in and about the leased premises during the term of the lease or any extensions thereof. Garbage Removal 9.2 Lessor shall pay for the removal of all garbage and rubbish from the leased premises during the term of the lease or any extensions thereof. ARTICLE 10. LESSOR'S RESPONSIBILITY Lessor acknowledges that the leased premises consist only of the exterior face of the south-facing wall. Except for maintenance and upkeep of the mural, Lessee assumes no responsibility for the wall, structurally or otherwise, and all improvements maintenance, upkeep, repairs, etc. to the wall will be the sole responsibility of Lessor during any term of this Lease. Lessee will assume responsibility for any damages caused solely by Lessee in its use of the leased premises during any term of this Lease. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 2 ARTICLE 11. MISCELLANEOUS Cumulative Remedies 11.1 All rights and remedies of Lessor and Lessee under this Lease shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of this lease. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. Waiver of Breach 11.2 A waiver by either Lessor or Lessee of a breach of this Lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Lease. Reference to Lessor 11.3 When referring to "Lessor" herein, it shall mean Lessor, its, officers, directors, agents, employees, legal representatives, successors and assigns. Reference to Lessee 11.4 When referring to "Lessee" herein, it shall mean Lessee, its officers, agents, employees, legal representatives, successors and assigns. Notices and Addresses 11.5 All notices required under this Lease must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: Lessor: Roger Hankey Lessee: City of Wylie !/09 i14gd/, . 1 Attn: City Manager Wylie- 7e. 750 f!p 2000 Highway 78 North Wylie, Texas 75098 Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section. Parties Bound 11.6 This Lease shall be binding upon, and inure to the benefit of, the parties to this Lease and their respective officers, employees, agents, heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Lease. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 3 Texas Law to Apply 11.7 This Lease shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Lease are performable in Collin County, Texas. Legal Construction 11.8 In case any one or more of the provisions contained in this Lease shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Lease, and this Lease shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Lease. Prior Agreements Superseded 11.9 This Lease constitutes the sole and only agreement of the parties to the agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. Amendment 11.10 No amendment, modification or alteration of the terms of this Lease shall be binding unless it is in writing, dated subsequent to the date of this Lease and duly executed by the parties to this Lease. Force Majeure 11.11 Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this Lease so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods and any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Consideration 11.12 This Lease is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts 11.13 This Lease may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 4 Authority to Execute 11.14 The individuals executing this Lease 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 Lease 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 Lease in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Lease 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. Representations 11.15 Each signatory represents this Lease has been read by the party for which this Lease is executed and that such party has had an opportunity to confer with its counsel. Sovereign Immunity 11.16 The parties hereto agree that Lessee has not waived its sovereign immunity be entering into and performing its obligations under this Lease. Miscellaneous Drafting Provisions 11.17 This Lease shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease 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 Lease are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED this 10th day of August, 2004, year first above written. LESSOR: LESSEE: ROGER HANKEY THE CITY OF WYLIE, TEXAS, a home-rule municipality By: By: . Rog ankey Mond M or LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 5