The URL can be used to link to this page

01-13-1998 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex Tuesday, January 13, 1998 6:30 p.m. • CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATION Declaring January as "School Board Recognition Month" • PRESENTATIONS Presentation by the Collin County Child Abuse Law Enforcement Task Force Presentation by the Library Board on the Recommended Internet Policy CONSENT AGENDA ITEMS 1. Consider and Act Upon Approval of the Minutes from the December 9 Council.Meeting and December 11 Joint Worksession with the Wylie Independent School District 2. Consider and Act Upon Approval alof EnforcementnAgreement Task tF with Collin County, Specifically the Collin County Child Abuse 3. Consider and Act Upon Approval of a Resolution and Interlocal Agreement between Dallas County and City of Wylie for the Reconstruction of County LineNinson Road from Dallas County Commissioner District 2 Water Main 4. Consider and Act Upon and Final Acceptance Authorization foronstruction of Change OrdereNo.'2 and Final along McMillen Road Payment to XIT Paving and Construction, Inc. in the Amount of$24,679.33 and Accept the Project as Complete 5. Consider and Act Upon Approval of Final Payment of$3,502.16 to Quantum Contracting, Inc. For the Community Park Parking Lot Project 6. Consider and Act Upon Adopting a Resolutiona Designating the Wylie News as the Official Publication of the City for a Single Year 7. Consider and Act Upon a Final Plat Cntex Homes. Thisroved for tP operty is Located North ofbthe Phase III Subdivision Submitted by Ce Intersection of FM 1378{oft a J�C?McU muBrown Sry Survey, Abstrac and More t No.Specifically as being 24.678 Acres O PUBLIC HEARINGS 8. Hold the First of Two Public Hearings for the Annexation of 3.21 Acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and Being Part of the 195.939 Acre Tract of Land Described in Deed to Belco Equities, Inc., recorded in Collin County Clerk's File No. 95-0003093 of the Land Records of Dallas County, Texas 9. Hold a Public Hearing for the Parks and Wildlife s of the hartmentving Input Regarding a Grant Application to the Texas ACTION ITEMS 10. from the Texas Paronsider and Act ksoand n pWildl Wildlife Department for oval of a ResolutionhehDevelopm Development Application the f th Wylie Central Park/Athletic Field Complex 11. Consider and Act Upon Approval of a Resolution Amending the Current Investment Policy as Required by Changes in the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities 12. Consider and Act Upon Approval of an Ordinance for the Annexation of 22.52 Acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and Being Part of the 411.15 Acre Tract of Land Described in Deed to C. J. Thomsen, Recorded in Volume 742, Page 64 of the Deed Records of Collin County, Texas 13. Consider and Act Upon Approval of an Ordinance for the Annexation of 52.84 acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and the Richard Newman Survey,Abstract No. 10-72, Dallas County, Texas and Being Part of the 411.15 Acre Tract of Land Described in Deed to C. J. Thomsen, Recorded in Volume 78045, • Page 4135 of the Deed Records of Dallas County, Texas • 14. Consider and Act Upon Approval of an Ordinance for the Disannexation of 15.61 Acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and Being Part of the 195.939 Acre Tract of Land Described in Deed to Belco Equities, Inc., Recorded in Collin County Clerk's File No. 95-0003093 of the Land Records of Dallas County, Texas STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION Hold Executive Session Under Section 551.072 Deliberations about Real Property Concerning the Property for Public Safety Facilities RECONVENE INTO OPEN MEETING Take Any Necessary Action as a Result of the Executive Session 15. Consider and Act Upon Awarding a Contract for Ambulance/Emergency Medical Services and Discuss Public Safety Facilitites EXECUTI VE SESSION ` Hold Executive Session Under Section 551.074 Personnel Matters for Personnel Issues/City Manager Evaluation RECONVENE INTO OPEN MEETING Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 9th day of January,1998 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER cno ntceRI n ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY WYLIE CITY COUNCIL tv*I AGENDA COMMUNICATION Presentation January 13, 1998 Presentation by the Collin County Child Abuse Law Enforcement Task Force. Agenda Communication Presentation Page 1 WYLIE CITY COUNCIL AGENDA COMMUNICATION Presentation January 13, 1998 issue This item is for information only. This presentation is to allow the City Council to become familiar with the Internet policy. Two Board members, Shirley Burnett and Tom Proctor, will deliver the presentation on the Internet Policy. They will define, discuss, and answer questions regarding the Internet policy. Background The Internet is defined as a network of networks. Networks are made up of computers connected to phone lines and cables. The Internet is a global network. Millions of smaller networks of computers around the world are connected to each other in order to share information. The essence of the Internet is resource sharing, and being connected means having access to vast amounts of information and tools available on computers worldwide. Please refer to the Internet Fact Sheet attachment for more information about the Internet. The Smith Public Library has had Internet access for staff only for over a year. This service has been provided free by Leon Isbell, Point of Presence. Internet access has given the staff the opportunity to use the Internet and become familiar with it so we can provide assistance to the citizens when we begin providing public Internet access. The City of Wylie has a web site. The Library's portion of the web site includes the Library Newsletter, a Favorite Links page that promotes positive usage of the Internet, a Kid's Page with information about programs and links to sites that appeal to kids. Please refer to the attached copies of the Favorite Links Page and Kid's Page. In September of 1997, the Library conducted a Library User Survey to determine patron needs. One of the most requested services for the Library was public Internet access. Approximately 47% of the survey participants do not have Internet access. According to the 1997 National Survey of U.S. Public Libraries and the Internet, only one out of seven homes have Internet access while three out of five public libraries have access. The Library will provide a valuable research tool and service for public use that many of the citizens would not have an opportunity to use if it were not for the Library's service. The Library staffs goal is to begin providing Internet access to the public and access to the new automation system by April 1998. Two Internet access terminals will be provided for the public. Both of them will be located in the adult area as a result of available space and the locations of existing conduits. Agenda Communication Presentation Page 1 Background -continued The Library staff conducted an in-house survey to determine how widely used filtering is in Texas. (Please refer to the attached survey for more detail.) For the Northeast Texas Library System rvey, Forty-one Libraries were chosen throughout thealong with a few libraries from the North Texas Library System and Central Texas Library System. Twenty eight libraries have Internet access or plan to get it within the next few months and they have made decisions about filtering. Thirteen libraries do not have public Internet access and have not determined whether or not they will filter. Twenty-two libraries (78% of libraries with Internet access or plans to get access.) are not filtering or do not plan to filter. Six libraries (22% of libraries with Internet access or plans to get access) are filtering or planning to filter. There are several steps to the approval process for the Library's Internet policy. The City Manager and City Attorney have reviewed it and made suggested changes which were incorporated into the policy. The Library Advisory Board reviewed and approved the policy unanimously on November 20. The final decision for approval or disapproval will be made by the City Council on January 27. Highlights of the policy include the Library's mission statement, a list of provisions for the Internet service, guidelines for patrons who are using the Internet, time limitations, and a release form. The mission of the Smith Public Library is to provide educational, informational, and recreational resources to patrons of all ages, cultural and economic backgrounds. The Library seeks to protect intellectual freedom, promote literacy, encourage lifelong learning, and provide library materials and information services. In response to advances in technology and an effort to broaden the educational, informational, and recreational resources offered by the Smith Public Library, the Library will offer public access to the Internet. Financial Consideration The Library applied for a $49,092 grant from the Telecommunication Infrastructure Fund. The Library was informed by letter on December 15 that grant funds will be awarded. The Library Director will attend a grant kickoff meeting on January 23. The amount of money that will be awarded will be announced at the January 23 meeting. This grant will allow the Library to purchase the equipment needed to provide Internet access for the public in the Library. This project plan is to purchase two public Internet access computers and a printer for the Library. Connections will be through an ISDN line. Cost estimates have been obtained from several vendors on the GSC (General Services Contract) list for Qualified Information System Vendors. (Purchasing regulations were followed with the assistance of Jim Holcomb.)Grant funds will be used to purchase Historian to record statistics on the number of people using the Internet access and McAfee as a virus protection software. Grants funds will cover telecommunication costs and Internet costs through March 1999 - Agenda Communication Presentation Page 2 Financi Consideration -continued -installation of an ISDN line and network cables, a net-connect box package from Ameritech (Dynix) with a firewall, tape backup, software, and maintenance. The Internet Provider is Point of Presence, a local Wylie compan Consule tantt and reviewsen were based on recommendations of fellow librarians, the NETLS Automation The Telecommunications Infrastructure Fund Grant requires that the City governments agree to continue Internet connections and support ongoing costs. (The maintenance fees will be approximately $3,100 a year and otelecommunications hrou h March 1999t) The House Bi will be a ll 2128 um of $1,400 a year. The grant covers these c g allows libraries and schools to receive a 25% discount on telecommunication services. The Library has applied for and is receiving this discount. Additional discounts (17%) for telecommunications will be available in 1998 through the Universal Services Fund. The Fiscal Year 1998 Budget will need to be amended to recognize the grant fund revenues and Internet project expenditures in the Library Department. Other_r_Considerations The City Attorney has reviewed the policy and suggested changes have been incorporated into the policy. Board/Commission Reco m men d at ion Library Board recommends accepting the policy as written. On November 20, the Board approved the policy 7 to 0. Staff Recommendation Staff recommends accepting the Internet policy. Attachments Internet Fact Sheet Survey of Libraries using the Internet Favorite Links Page from Library Web Site Kids Page from Library Web Site Press Release on Telecommunications Infrastructure Funds Internet Policy and Release Form Agenda Communication Presentation Page 3 INTERNET FACT SHEET WHAT IS THE INTERNET? The Internet is defined as a network of networks. Networks are made up of computers connected to phone lines and cables. The Internet is a global network. Millions of smaller networks of computers around the world are connected to each other in order to share information. The essence of the Internet is resource sharing, and being connected means having access to vast amounts of information and tools available on computers worldwide. Source: The Internet: A California Policy Perspective by Kenneth W. Umbach, Ph.D. WHAT TYPE OF INFORMATION IS ON THE INTERNET? Listed below is a small sampling of the types of information that can be located on the Internet: • Government agencies. • Businesses looking for customers. • Educational materials. • Tourist information which includes chambers of commerce, tourist bureaus, hotels, motels, airline reservations, and car rentals. • Electronic magazines, newspapers and other documents online. • Medical information. • Homework sites and information for research projects. • Book Publishers and online book ordering. • PBS television programming. • Movie reviews. • Television stations and radio stations. • Texas State Electronic Library that provides free links to all Texas libraries which contain magazine indexes with annotations and Encyclopedia Britannica. • Library web sites that provide favorite links to sites that are of interest to children and adults. The Smith Public Library has a children's page that provides links to sites of interest to children and a favorite links page for adults. • Cities have web sites that have information from the various departments which may include a list of city services and departmental functions, city histories, tourist attractions, demographics, and much more. HOW MANY OF THE SITES ON THE INTERNET CONTAIN PORNOGRAPHIC MATERIAL? There are 4.3 million sites online and new sites are being added every day. According to the Internet Advocate, approximately 21,000 or .5% of those sites provide pornographic material. *Source: "Respond to Inaccurate Perceptions of Porn on the Net," Internet Advocate. HOW MANY LIBRARIES PROVIDE FREE ACCESS? HOW MANY FILTER? United States The Lake Oswego Public Library in Lake Oswego, Oregon has a site on policies from Libraries from all over the United States. There are 120 libraries that have posted Internet policies on this site. This is minimal compared to the total number of libraries that provide public Internet access. Only 5% of these Libraries use filtering software. The American Library Association does track the number of libraries that provide Internet access and that filter. Texas Libraries The Library staff surveyed thirty libraries in Texas to determine the trend in area libraries. There are five libraries that do filter or plan to filter, sixteen do not filter or do not plan to filter. Nine libraries plan to get Internet access, but they have not determined if they will filter. (Please refer to the detailed survey.) The Library Director consulted with Chris Peterson, Texas State Library Automation Consultant, about the number of libraries that filter in Texas. She 2 reported that a study had not been done by the State Library. However, most libraries that have one terminal do not filter and libraries with two terminals that do filter are choosing to filter one terminal in the children's area. Ms. Peterson also commented that filtering had been more of an issue in large libraries than small libraries. WHAT DOES THE AMERICAN LIBRARY ASSOCIATION SAY ABOUT FILTERING? • "The United States Supreme Court issued a sweeping re-affirmation of core First Amendment principles and held that communications over the Internet deserve the highest level of Constitutional protection." • "The use in libraries of software filters which block Constitutionally protected speech is inconsistent with the U.S. Constitution and federal law and may lead to legal exposure for the library and its governing authorities." • ALA states that most filtering/blocking software is designed for the home market. Filters are intended to respond to the preferences of parents making decisions for their own children. Libraries are responsible for serving a broad and diverse community with different preferences and views. A role of librarians is to advise and assist users in selecting information resources. Parents and only parents have the right and responsibility to restrict their own children's access. Librarians do not serve as loco parentis. ***Please refer to the packet sheet entitled "Resolution on the Use of Filtering Software in Libraries" and "Statement on Library Use of Filtering Software." Both sources are from the American Library Association. WHAT ABOUT FILTERING SOFTWARE AS A SOLUTION TO PORNOGRAPHY ON THE INTERNET? • Blocking software is defined as software products published by commercial publishers which block access to Internet sites listed in an internal database of the product; block access external to the product itself, or block access to sites that carry certain ratings. • There are 15 filtering software packages on the market. Prices and services vary from vendor to vendor. Following is an explanation of the three ways to connect Internet filters and sample prices for each category: 3 Remote proxy servers allow the user to connect to the company's net server. Some provide updates daily while others provide weekly or monthly updates. Most vendors do not allow the Library to change sites that are blocked, and they do not provide a list of blocked sites. The costs range from $1000 to $10,000 (X-Stop). The costs includes technical support, the software and updates for one year. According to Karen Schneider, author of A Practical Guide to Internet Filters , Proxy servers are more accurate in blocking. Examples of proxy software are Bess and On Guard. Bess costs $1200 a year and On Guard costs $1797 a year. Local proxy servers allow the Library to have a server with the blocked sites loaded on it. This gives the Library the option of changing which sites are blocked or un-blocked. Servers cost around $4000. The software vendor provides the updates in most cases. Two examples of remote proxy software are Web SENSE and Safe Surf. WebSENSE ($495 a year) is a filtering software that can be loaded onto the automation's server which would reduce cost. They provide updates daily. Safe Surf costs $495 per year and they provide updates every 24 hours. Bess offers a remote proxy server for $900 a year. Bess offers adult override so staff can allow an adult patron to search sites that may be blocked for children. Client software is the most affordable route. The software costs between $50 and $150 for each site. The Library staff is required to do updates on the software. An example of a client software package is Cyber Patrol. Karen Schneider commented that this is the only client software that works. Most of them use keyword blocking which allows porn sites to go through. This software allows you to select categories that you want to block. Updates are provided monthly. The cost for is approximately $50 for each software package. • The Library Director attended a meeting at District 5 on Internet Filtering. Mark Smith, Communications Director for the Texas Library Association was the keynote speaker. Smith stated that filtering is not comparable to library selection because selection allows the staff to decide on a case by case if materials are appropriate for the Library's community. Filtering allows someone outside the Library to decide what is filtered and often times the list is not accessible. This would be comparable to telling a book publisher not to send any books to the library that had dirty words in them. Mark Smith recommends that Libraries provide public access without filtering. • Karen Schneider is a well-known author in the Library field. Her latest title is A Practical Guide to Internet Filters. Schneider has a web site on a filtering survey that she conducted with the assistance of forty other libraries. 4 NET SURVEY The Smith Public Library conducted a survey of Texas Libraries to determine which ones were using filtering software. Most of them are part of the Northeast Texas Library System or North Texas Regional Library System. (A few of the libraries were not sent surveys, but their policies indicate they are not filtering.) Libraries with Internet Access Libraries that have Filtering Software Allen Bonham Canton Net Nanny(children's terminals only) Canyon Cedar Hill Carrollton The Colony Cyber patrol (Children's terminal only) Dallas Denison Denton Farmer's Branch Fort Worth Greenville Houston Smart Filter (Children's terminals only) Irving Surf Watch McKinney (plans to use privacy screens—on order) Mexia North Richland Hills Plano Richardson Sherman (using privacy screens) Van Allstyne Libraries Planning to Get Internet Access that are planning to Filter Coppell Rowlett (Children's terminals only) Libraries Planning to Get Internet Access that are not planning to Filter Lancaster--planning to have access in Spring 1998/not planning to filter Lewisville—funded for FY97/98—not planning to filter Longview---planning to have access soon with no plans to filter Terrell—staff use only at this time—The Board has approved no filtering. Libraries Planning to Get Internet Access that have not made a decision about Filtering Cockrell Hill Balch Springs—applied for TIF Grant Celina—planning to have access by January 1998 DeSoto—planning to have access in 1998 Duncanville—plan to have access in the Spring of 1998 through the TIF Grant Forney Frisco Kilgore Mount Pleasant—connect in March/April 1998 Rockwall—planning to get access in Spring 1998 through the TIF grant Sachse Mesquite—staff only at this time Wilmer—plans to get access in 1998 SUMMARY There are twenty-two libraries (78%) not filtering or not planning to filter. Six libraries (22%) are filtering or planning to filter and five of those are doing children's terminals only. Thirteen libraries that do not have access and have not determined whether or not they will filter. FAVORITE LINKS SMITH PUBLIC LIBRARY FAVORITE LINKS Cti*:i'''SEARCH ENGINES AlltaVista: Search Engine All-in-One Search Page Martindale's 'The Reference Desk' The Virtual Reference Desk Yahoo!Search Engine CL'ARTS AND ENTERTAINMENT Arts & entertainment for Dallas/Fort Worth Texas Dallas Entertainment Guide Greater Dallas Chamber Home Page The Internet Movie Database 4 BOOKS AND LIBRARIES BookWeb Celebrate Libraries Page I FAVORITE LINKS 50 Ways to Use Your Library The Internet Public Library Library of Congress Northeast Texas Library System Texas LibraryAssociatim CAREER RESOURCES CareerMosaic What Color Is Your Parachute: Job Hunting Online 4 AL EDUCATION American Homeschool Association American Universities Education Information Resource Center Homeschool World Southern Methodist University Texas Christian University Texas Woman's University The University of North Texas The University of Texas at Arlington Wylie Independent School District Page 2 FAVORITE LINKS did 416. GOVERNMENT RESOURCES Local/MetropolitanArea Garland,._Texas Lucas Texas North Central Texas Council of Governments Parker, Texas Plano, Texas Richardson, Texas Wylie! State State of Texas Government Texas Department of Transportation - (TxDOT) Texas Secretary of State Texas Legislature Online Federal Official Federal Government Web Sites Government Publications Access UNT Libraries' Government Documents Department U.S.Congress Page 3 FAVORITE LINKS U.S. Copyright Office Home Page U.S. Founding Documents U.S. States Postal Service Welcome to the White House for Kids The White House] HOLIDAYS Christmas 'round the World Holiday Fun Facts Holidays on the Net - Welcome AL � A INTERNET Child Safety on the Information Highway Parent's Guide To Cyberspace The Parents' Guide to the Information Superhighway Searching the Internet 4c3L *PETS American Kennel Club Page 4 FAVORITE LINKS Welcome to Animal Network CIAREFERENCE AT&T Toll-Free Internet Directory Bartlett's Familiar Quotations Bibliographic Formats for Citing Electronic Information Dictionaries, The Faster Finder Edmund's Automobile Buyer's Guides Facts at Your Fingertips 50+ Great Sites from the American LIbrary Association The History Channel International Flags Quotes, Quotes, and More Quotes Reference and Research Services: Citing Electronic Sources Science Fair Project Resource Guide The Smithsonian Institution Home Page Study Skills Self Help Information Welcome to Web Side Story's World 1000 USA Weather Page 5 FAVORITE LINKS c31*TEXAS The Genealogy Calendar - Texas Lone Star Junction Songs of Texas Texas Indians Texas Indians2 Texas Wildflowers Top 100 Texas Websites TRAVEL Excite Travel MapQuest! CifiVOLUNTEER OPPORTUNITIES Volunteer Center of Collin County Page 6 KID'S PAGE ONGOING PROGRAMS Preschool storytime is every Wednesday from 11 :00 a.m. to 11 :30. NEW NIGHT TIME STORY TIME Every Monday at 7:00 p.m. j ,, N J CELEBRATE CHARACTER RESOURCES SMITH PUBLIC LIBRARY 1997 The Smith Public Library is supporting the Wylie Independent School District Character Education program this year by providing a bibliographic listing of all the Page 1 KID'S PAGE materials in the Library that relate to Character Education topics. The Library staff will be glad to help you locate the materials when you come in. TEN REASONS WHY WE MUST HELP OUR KIDS LOVE READING t p F a ...T.. _ an excerpt from 99 Ways to Get Kids Reading and 100 Books They'll Love by Mary Leonhardt • Kids have to love reading to become excellent readers. • Avid readers acquire a more complex sense of language. They speak better, write better, and deal better with complex ideas. • Reading gives children wide-ranging frames of reference, making learning easier. Page 2 KID'S PAGE • By High School only avid readers will have literacy skills to excel in any course that demands a good deal of reading. They are the kids in honors classes, kids who have high scores on the ACT and who have a possibility of being accepted in top colleges and universities. • Excellent reading skills make it more likely kids will weather personal trauma with their academic credentials in tact, since they keep up with schoolwork using a fraction of their time and emotional energy. • Avid reading gives kids a sense of perspective. • Reading helps children to be compassionate. They learn to understand other viewpoints because they have entered thousands of lives through their reading. • Avid readers are exposed to a world full of possibilities and opportunities. No matter how limited their own world, readers can dream anything. - Avid readers develop critical thinking skills by complex arguments and multifaceted plots. • A love of reading is one of major joys of life. Without the pleasure of curling up with a good book, life is a little darker and drabber Page 3 KID'S PAGE BOOKS IN THE LIBRARY ON TEACHING YOUR CHILDREN TO LOVE READING Children Learning to Read For Reading Out Loud! A guide to Sharing Books with Children Growing Reading: Their Care and Feeding How to Raise a Reader New Read Aloud Handbook ALSC: The Randolph Caldecott Medal I ALSC: The John Newbery_Medal An American Thanksgiving for Kids and Families Castles for Kids I Character EducationChildren's Literature Web Guide I Christmas C Christmas! Christmas! Christmas! from Not Just for Kids! Ci_q_of Austin: Nothin' But 'Net COOL SITES FOR KIDS Cyberkids I Cyberspace Middle School Discovery Channel Page 4 KID'S PAGE The Official Eric Carle Web Site Family Surfboard 50+ Great Sites The 4th of July Gobble It Up: Kaplan's Turkey on the Web KidsCom I Kids' Space' K-12 World KidPub WWW Publishing KidsWeb links to the Home Pages of KIDS Kid Wish Foundation' Knowledge Adventure I The Nine Planets I Not Just for Kids! NPR Science Friday Kids Connection Presidents Reading Rainbow Software Libray Trees IWeb Guide for Kids Wishbone Back to Library Main Page Page 5 Press Release http://www.senate.state.tx.us/75r/senate/members/dist22/pr/p021297a.htm NEWS RELEASE } For immediate release / February 12, 1997 Contact: Kirsten Dietz, (512) 463-0122 LAWMAKERS CALL FOR INTERNET ACCESS FOR ALL TEXANS All Texans would have access to the Internet through public libraries under a plan announced Wednesday by state Sen. David Sibley and Rep. Sylvester Turner. "Our vision of Texas is to have a totally interconnected state," said Sibley, R-Waco. "We want each Texan to have access to the Information Superhighway, including Texans who canOt afford a computer and modem. Under our plan, every public library patron will have access to the Internet within two years." "Libraries are integral resources for our schools and communities," said Turner, D-Houston. "I am very pleased that we now have a mechanism such as the Telecommunications Infrastructure Fund to ensure the public greater access to telecommunications technology and, as a I' I ' i result, to more information." The lawmakers called on the Telecommunications Infrastructure Fund Board to pay for Internet connections for 325 public libraries in Texas that currently are not tied to the Internet. About 260 public libraries already are linked to the Internet. It would cost just more than$7.7 million to hook up the 325 libraries. The estimated price includes two personal computer workstations, software, training, cable and cable hardware and a network printer. The money will come from the Telecommunications Infrastructure Fund, established in 1995 through House Bill 2128 sponsored by Sibley. The legislation, which opened local telephone service to competition, also created the fund to link schools, libraries and hospitals with the latest technology. Money in the fund -- an estimated $1.5 billion over a 10-year-period -- comes from assessments on telecommunications providers. 1 of 1 12/16/97 8:16 AM DRAFT FOR APPROVAL INTERNET USE POLICY REVIEWED BY THE CITY ATTORNEY APPROVED BY THE LIBRARY ADVISORY BOARD ON NOVEMBER 20, 1997 PURPOSE The mission of the Smith Public Library is to provide educational, informational, and recreational resources to patrons of all ages, cultural and economic backgrounds. The Library seeks to protect intellectual freedom, promote literacy, encourage lifelong learning, and provide library materials and information services. In response to advances in technology and an effort to broaden the educational, informational, and recreational resources offered by the Smith Public Library, the Library offers public access to the Internet. The Internet offers access to a wealth of material that is personally, professionally, and culturally enriching to individuals of all ages. It is, however, an unregulated medium with a highly diverse user population. The Library cannot successfully control and monitor all of the vast amount of material accessible via the Internet. In choosing sources to link to the home page, it follows generally accepted library practices. The Library staff members are not responsible for changes in content of the sources to which we link, nor for the content of sources accessed through secondary links. Beyond this, Library staff members do not monitor or control information accessible through the Internet and do not accept responsibility for its content. It is possible that individuals might access information they personally find offensive or disturbing. Individual users must accept responsibility for determining the suitability of content for themselves and their children. Please refer to the "Librarian's Guide to Cyberspace for Parents and Kids" produced by the American Library Association and "Child Safety on the Information Highway" produced by the National Center for Missing and Exploited Children and Interactive Service Organization. The Library's web page has links to both of these sites. The Smith Public Library does not filter Internet stations. INTERNET FUNCTIONS SUPPORTED 1 The Library does not provide electronic mail accounts, file transfer protocol, Internet Relay Chat, or Newsgroups. Printing is available at 10 cents per copy. Downloading is available. Refer to downloading and saving under the Internet usage guidelines. RESPONSIBILITY OF USERS Supervising Children's Use The Internet is a global entity with a highly diverse user population and information content. Library patrons use it at their own risk. Many sites carry sexually explicit and other types of information which may be controversial or inappropriate. Parents are responsible for monitoring the Internet activity of their children The Library does not censor access to materials or protect users from materials they may find offensive. Choosing and Evaluating Internet Resources It is also impossible to guarantee that data on the Internet is accurate. When evaluating information, consider the source and try to verify it in other databases or Library resources. The Library staff will be happy to assist you. RULES FOR INTERNET ACCESS Users may not: • Use the workstations to gain access to the Library's networks or computer systems or to any other network or computer system. • Obstruct other people's work by consuming gratuitously large amounts of system resources or by deliberately crashing any Library computer system. • Violate the system security of the library's computers or any computer access through the library's equipment. • Make any attempt to cause degradation of system performance. • Use any Library workstation for any illegal or criminal purpose. • Engage in any activity which is deliberately and maliciously offensive, libelous, or slanderous. 2 • Use impolite or abusive language. • Interfere with the operation of any computer, alter, damage, or destroy computer programs without the effective consent of the owner or licensee of those resources. These acts may be considered a misdemeanor or felony crime under Texas state law (SECTION 1. Title 7, Chapter 33, Section 33.02a). • Save or download files to the hard drive (drive C). • Employ Library systems to falsely identify themselves, falsely represent themselves, the Library or any of its policies, services or practices, or otherwise commit forgery or fraud. • Employ Library systems for the purpose of libel, slander, or any form of harassment. • Violate Copyright laws. • Violate software licenses or agreements. • Use the computer for any commercial activity. A violation of these guidelines may result in revocation of access privileges to the library computers and/or the Smith Public Library. You are liable for any damages or other court imposed remedies as a result of: Violation of copyright laws Violation of software license or agreement. Violation of any state or federal law or local ordinance. Destruction of or damage to equipment, software or data access to the library workstations or equipment belonging to the library. Violation of the system security of the library's computers or any computer access through the library's equipment. Disruption of network services. 3 Any other matter prohibited by this policy. The City of Wylie and the Rita and Truett Smith Public Library is not responsible for the loss of any data or damage or liability that may occur from your use of the Library's computer. LIBRARY STAFF GUIDELINES • Staff members may not systematically employ system resources for the purpose of personal commercial gain. • Electronic communications and publications originating from Library systems are considered to be representative of the Library. Staff are to adhere to Library guidelines in this policy. INTERNET USAGE GUIDELINES • Access: Anyone wishing to access the Internet from a library computer dedicated to the Internet must present his or her own current library card and leave it with a staff member for the duration of the session. A new patron may use a student ID or driver's license until a library card is issued. Patrons are requested to sign at the information desk. Patrons must read and accept the Internet Policy and Guidelines before going forward and accessing the Internet. Youth under 18 years of age will be required to have parental or guardian permission to access the Internet. While the Library will make every effort to ensure that the use of the Internet is consistent with the Mission statement, parents are encouraged to work closely with their children in selecting material that is consistent with personal and family values and boundaries. • Reservations: The Internet terminal may be reserved up to three days in advance. A sign-up sheet will be posted at the checkout counter. Ordinarily a reservation cannot be made for more than thirty minutes. However, library staff may reserve the Internet terminal for longer periods, when demonstrations or training sessions are scheduled. To claim a reservation, you must be present at the beginning of the reserved time period. If you are still absent after five minutes, you will forfeit your right to the reservation. • Time: Users are limited to 30 minutes at a time if others are waiting. If no one is waiting, and the other Internet workstation is not in use, the person may stay on until all computers are in use. In addition, users are limited to a total of one hour per day. 4 • Printing: Printing is allowed, but counts as part of the time limit. It costs 10 cents per page for black and white copies. Color copies are not available. • Downloading/Saving Information: Users are allowed to download and save information. However, the diskette must be purchased from the Friends of the Library at the circulation desk. They may not bring in their own diskettes. This is an effort to prevent viruses. The floppy drive is locked. A library employee can assist you with use of the drive. • Hardware/software: Only library-supplied hardware and software can be used on library computers. • Noise/Crowd Control: To cut down on noise and crowding, no more than three people at a time may cluster around a single Internet workstation. The library reserves the right to lower that limit to two or even one person at a time when necessary. COPYRIGHT Copyright Law prohibits the unauthorized reproduction or distribution of copyrighted materials, except as permitted by the principles of "fair use". Users may not copy or distribute electronic materials (including electronic mail, text, images, programs or data) without the explicit permission of the copyright holder. Any responsibility for any consequences of copyright infringement lies with the user; the Library expressly disclaims any liability or responsibility resulting from such use. 5 COMPUTER/INTERNET POLICY RELEASE FORM The undersigned acknowledges that he/she has read, understands, agrees to and agrees to comply with the Smith Public Library Computer and Internet Usage Policy. Library Patron Name (Please print) Library Card No. Signature Date Parent or Legal Guardian. By signing below, you choose whether to allow your child to access the Internet stations provided by the Smith Public Library. You also agree to all terms and conditions of the Smith Public Library Computer and Internet Usage Policy; and you agree that you are fully responsible for your child and any and all the information your child accesses via the Internet. Child's Name (Please print) Library Card No. My child may /may not access the Internet at the Library. Parent or Legal Guardian's Name (Please print) Library Card No. Parent or Legal Guardians Signature Date WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO 1 January 13, 1998 Consider and act upon approval of the Minutes from the December 9, 1997 Council Meeting and the December 11, 1997 Joint Worksession with the Wylie Independent School District. Consent Agenda Item No 1 Page 1 WYLI E CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 2 January 13, 1998 Issue Consider and act upon approval of an agreement with Collin County, specifically the Collin County Child Abuse Law Enforcement Task Force. Background The primary concern of any Police Department should be the security of our citizens. Our most vulnerable citizens are our children. We have a duty to provide for them the highest quality law enforcement, social and medical services available. While no community wants to acknowledge these type of problems, Wylie must deal with cases of child abuse. The Collin County Child Abuse Law Enforcement Task Force (task force) has the resources and expertise to provide this function for our city. The Wylie Police Department investigates all allegations of child abuse, however, smaller police departments do not have the resources or expertise that exists in the Collin County Task Force. By entering into this agreement with the Task Force we can provide the most professional services to our children This Task Force is comprised of full time investigators, with extensive experience in dealing with child abuse matters. They are available immediately to respond to our city, and conduct an in-depth investigation into these serious allegations. These investigators are associated with, and actually work out of, the Collin County Children's Advocacy Center Inc. located in nearby Plano, Texas. Forensic Interviewers from this center assist in the investigation of these allegations, and bring their considerable experience to the process. Representatives of our Police Department have visited with Task Force investigators and staff members of the Advocacy Center and have examined their facility. The Center provides an ideal environment to conduct interviews of children referred to the facility and to deal appropriately with their families. This non-threatening environment helps to facilitate the collection of accurate information from the children leading to proper decisions regarding the appropriate course of action to be taken. Counseling is available for the children, siblings and other family members. Where appropriate, referrals may be made for criminal prosecution. Consent Agenda Item No 2 Page 1 Financial Considerations In addition to being able to provide the best possible service available, the Task Force agreement is cost effective. There are no costs associated with the first year's service. The second year's cost is based on the population of our city (10,000) times 16% (the at risk population) times $1.75. This amounts to a cost of $2,800.00 for the second year of the agreement. It is anticipated that subsequent years expenses could increase by 20% per year and could be budgeted in the future, should we choose to continue the services provided by the Interlocal Agreement It should be noted that the City of Wylie can withdraw from this agreement by giving thirty (30) days notice. Other Considerations Article Two, Section 1 C of the Home Rule Charter gives the City Council authority to cooperate with other governments (County, City or political subdivisions), for lawful advancement of interest, safety, convenience and welfare of its inhabitants. Board/Comm ission_Recommendati_ons n/a Staff Recommendations Staff recommends approval of an interlocal agreement with Collin County, specifically the Collin County Child Abuse Law Enforcement Task Force. Attachments Interlocal Agreement with the Collin County Child Abuse Law Enforcement Task Force Statistics /Ill Le_ Le3-a,cy.A, Prepared By evi a by Fin ce City Manager Approval Consent Agenda Item No 2 Page 2 Court Order No. INTERLOCAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT is entered into on the day of , 1997 , by and between the City of Wylie (the "City" ) and Collin County, a political subdivision of the State of Texas (the "County" ) . RECITALS 1 . The County operates the Collin County Sheriff ' s Office which performs law enforcement functions within the County. 2 . The City desires to obtain certain law enforcement services from the County that the City is authorized to provide. Therefore, under the authority of the Interlocal Cooperation Act, Tex. Rev. Civ. Stat. Ann, art. 4413 ( 32c) , the parties agree as follows : SECTION 1 . DEFINITIONS 1 . 01 Law Enforcement Services . The term "Law Enforcement Services" means all services necessary for the Collin County Sheriff ' s Office to provide the reporting, investigating and filing charges for special crimes . 1 . 02 Special Crimes . The term "Special Crimes" means all crimes , relating directly or indirectly, whereby the victim is less than 17 years of age. The crimes include, but not limited to, the Texas Penal Code, Title Five (5) (OFFENSES AGAINST THE PERSON) , Chapters 19 , 20, 21, 22 , Title Six (6) (OFFENSES AGAINST THE FAMILY) Chapter 25, Title Nine ( 9) (PUBLIC INDECENCY) , Chapter 43 . SECTION 2 . TERM 2 . 01 Term. The term of this Agreement shall commence on the day of , 1997 , and shall continue in full force and effect for a period of one ( 1) year. Either party may elect not to renew the Agreement by giving written notice at least ninety (90) days prior to the end of the original term or any renewed term. 2 . 02 Termination. Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. SECTION 3 . SERVICES 3 . 01 Services . The Sheriff ' s Office agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1 . 02 of this Agreement. 3 . 02 Manner of Providing Services . The Law Enforcement Services shall be provided by the County in the same manner and within the same response times as such services are provided by the County within its jurisdiction. 3 . 03 Use of Additional Personnel . The County may utilize the services of individuals whose duties and responsibilities are related to detection, investigation and/or prosecution of violations associated with offenses described in paragraph 1 . 02 of this Agreement. SECTION 4 . EXCLUSIVITY OF SERVICE. The parties agree that the County may contract to perform services similar or identical to those specified in this Agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5 . COMPENSATION. 5 .01 Law Enforcement Service Charge. The City shall not provide any payment to the County for providing the services described in this agreement only. The City will continue payment for any and all charges for services not described in this Agreement. SECTION 6 . CIVIL LIABILITY. Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this Agreement. The City shall hold the County free and harmless from any obligation, costs , claims, judgments, attorneys ' fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this Agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7 . AMENDMENT. This Agreement shall not be amended or modified other than in a written agreement signed by the parties . SECTION 8 . CONTROLLING LAW. This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas . • SECTION 9 . NOTICES . 9 . 01 Unless otherwise specified all communications provided for in this Agreement shall be in writing and shall be deemed delivered whether actually received or not forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9 . 02 All communications provided for in this Agreement shall be addressed as follows : (a) if to the County, to: Ron Harris County Judge 210 S . McDonald McKinney, TX 75069 (b) if to the City, to: or to such person at such other address as may from time to time be specified in a notice given as provided in this Section 9 . In addition, notice of termination of this Agreement by the City shall be provided by the City to the County Judge of Collin County as follows : The Honorable Ron Harris Collin County Judge 210 So. McDonald McKinney, Texas 75069 SECTION 10 . CAPTIONS. The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. SECTION 11 . COUNTERPARTS . This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original . SECTION 12 . EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT. The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COUNTY" COLLIN COUNTY, TEXAS By: Title: County Judge Date: "CITY" CITY OF , TEXAS By: Title: Date: • NATIONALLY: 43 79.3% of perpetrators are a parent reports have tripled in the past 17 yc_nrs % child abuse is the leading cause of death in children under the age of 4 43 18,000 children per year are permanently disabled due to abuse 4. over 2,000 children die each year due to abuse 43 children in alcohol-abusing families are 4 times more likely to be maltreated 43 children reported abused and neglected are 67 times more likely to be arrested as preteens LOCALLY: 43 167,862 reported child abuse victims in Texas 1,444 reported victims in Collin County alone 1 NOV 1 0 , COLLIN COUNTY Office of the Sheriff November 6 , 1997 Wylie Police Department Chief Bill Rushing 2000 North State Highway 78 Wylie, TX 75098 Dear Chief Rushing The Collin County Child Abuse Law Enforcement Task Force was created to ensure that rural community children have available, the same level of service that larger cities provide. As you are aware, limited budgets, manpower, equipment and specialized training prevent several departments in Collin County from effectively investigating child abuse cases . With Investigator Chuck Ruckel handling the investigation of child abuse cases in your community, your citizens will now have a specialist to assist you and your officers with these technical investigations . As we discussed recently, a goal of the Task Force is the presentation of better quality cases to the District Attorney' s office. Consistent, thorough investigation of child abuse cases will continue to insure high conviction rates and long prison terms . This will guarantee that your community will be rid of these individuals for several years . Enclosed are copies of recent articles from the Dallas Morning News and Plano Star Courier. These articles have generated much interest and community support. As always , if the Task Force can assist your community in any other way, please feel free to call on us . S ' n erely, a(2 Gerry K hr, Lieutenant Collin County Child Abuse Task Force GK/rvb Enc : Copies of newspaper articles (2 ) Collin County Sheriff's Office, 4300 Community Blvd., McKinney, TX 75070 Sheriff's Office (214)547-5100• Metro 424-4797• FAX (214)547-5304 Detention (214)547-5200• Metro 424-1433•FAX(214)547-5301 Piano Serving Collin County.and the communities of Allen, Frisco, McKinney and Wylie .- y!r' F c , ♦ t, �+��. I „ t- h' i' '•�d; LIRI:4 i kr+u 't3i�; it". ,1!;:li }X �..Vitfc4r1 4c .„.4 a s: , v•; -, — 4 ty, October 25, 1997 xg - ;,r yr.. . Childa us e lask fore o t.. _o abusystart .. . By•Sandy Louey_ Sheriffs Office, the task force members Stifrviitnu,*The Dallas Morning News Coordinator cites need for expertise include police officers from departments `A;law,"enforcement task force'formed -;;•' in Plano,McKinney;Allen and Frisco. to investigate-child abuse cases in Collin force has.been•handling since it began at A S99,774 grant from the criminal jus- "Everybody is on board with this,"Lt. County•has:already handled'.about 30 the start hI October indicates that there is tice division of the governor's office pays . Klahr said. :-. . cases in less than a month. % a need for expertise in child abuse,said the salary of one full-time investigator, The task force is expected to provide. The Collin County Children's Advoca- Lt. Gerry Klahr of the Sheriff's Office, Det.Chuck Ruckel of the Sheriffs Office, better coordination and handling:of cy Center worked with the Collin County who serves as the task force coordinator. and 7S percent of Lt.Klahr's salary as task child-abuse cases since officers will fol- Sheriffs Department to create the task "There is a place to go.There are needs force coordinator.Both Detective Ruckel low the cases from the initial report to the force to support child abuse investiga- to be met,"he said. and Lt.Klahr are housed at the advocacy court proceedings.The approach will in- tions and services in rural communities. Participants in the task force believe center. crease the quality of the cases presented The number of investigations the task that it is the first of its kind in Texas. In addition to,the•officers from the Please see TASK FORCE on Page 5J. • • ask: TrceSeëTtht1y. ' .f.. . . :_ti-,::..,,,,‘,n:1.?,.. :. irst mont h . . ., . ., , Continued from Page 1J. for the advocacy center, : . •.,.:,re.A...r: ..;; -- • ' - ' resources and time,needed she Only 23 percent of the 1,600 cases to the district attorneys office and Of the 13 law enforcement agen-- said'° ' '' = ='` of reported child abuse in Collin result in increased prosecution,Lt ties in Collin County, eight have. In addition,the criminal investi- County ends up being resolved Klaht fewer than four officers,and some., gators are teamed up with represen- through the courts. The rest are depend only on volunteer or part-'' tatives from Child Protective Ser- handled through other measures The effort will help rural agen- time staff. •. vices, a therapeutic intern.and a such as therapy,she said. ties, many of which are small and Since it takes 40 to 60 hours to' volunteer advocate:•, - The task force will be useful in do not have the money or resources effectively investigate a child-abuse Ms. Caperton said the team de- tackling child abduction cases and to train officers on child abuse,said case, the smaller departments cides how to handle the cases and abuse racrs involving multiple vic- Jamie Caperton,executive director would have difficulty devoting the determines if assistance such as tims since the different agencies medical treatment or social servic- will have built ongoing working re- es is required. lationships,Ms.Caperton said. • "They look at the whole case," "You don't have to bring some- Ms.Caperton said. one up to speed,"she said. All are based at the advocacy The law enforcement agencies center,so it is easier to share intor- participating in the task force will mation and coordinate efforts; the not have to pay any fees in the first team meets regularly to discuss year. In subsequent years, partici- cases. pants will pay a set amount based "We're doors away as opposed to on,their population of at-risk chil- miles away,"Lt.Klahr said. dren. Ms.Caperton said there is a mis- The state grant is renewable for . conception that all cases end with five years,but it decreases by about ` children being removed from their 20 percent each year, leaving the families,or all cases are handled in county and cities to make up the court. difference. , Grant to fUel battle ãgáiflst child abuse ' $100,000 dedicated to providing professional help to rural Collin County By SHANNON WOMBLE minimal fee, but agencies Staff writer will not be charged for the li Rural communities now first year. . l have two new investigators "In the second year (of kn assigned to child 'abuse the task force), each depart- 1 cases, a result of a $100,000 ment will be assessed a fee CO state criminal justice grant based on their child at-risk l.A-`-- \ -e_A-- given to the Collin County population," said Sheriff sheriff's office this week. Terry Box in a written state- The money will establish ment from his office. "Each (A__ I DI rc, lG-7 the law enforcement task year thereafter the fee will 1 t force on child abuse and change to meet the required cover the salaries of one match for the grant." full-time investigator and 75 Each city's child at-risk percent of a task force coor- population is assessed by dinator's salary. calculating 16 percent of the "In rural communities, current census. where you have only a few "The purpose of the task officers, it is impossible to force is really twofold," said dedicate an officer's time to Klahr. "What the rural coin- / a single time-consuming munities will see is more case," said Jamie Caperton, expertise and effective director of the Collin investigation of child abuse } County Children's Advocacy cases.We will be able to pre- - Center. "These departments sent better quality cases to also do not have the the district attorney's office, finances to send officers to and get an increased convic- specialized training in child tion rate." abuse." Klahr took the helm of Collin County dheriff's the task force Oct. 1 and Detective Chuck Ruckel, a said he and Ruckel operate four-year veteran of the the task force from the force,will serve as the task Children's Advocacy Center. force's full-time investigator. "Until we get the inter- Lt. Gerry Klahr has been local agreements written, named as coordinator. we are going to be working ►- According to law enforce- as consultants to the smaller `; ment officials, the average agencies," Klahr said. "As child abuse case requires 40 soon as those agreements to 60 hours of investigation. are formalized, they will "Unfortunately, we have turn their cases over to us." quite a few incidents of child Plano, Allen, McKinney ' abuse," said Collin County and Frisco police depart- • Sheriff's Department ments have also dedicated spokesman Lt.John Norton. officers to work with the "This will definitely benefit task force. those cities with smaller "As these (rural) commu- • (police) agencies without nities get educated, I think the resources to effectively we are going to have a lot handle the case." more cases," Klahr said. "I ' The program offers rural am really shocked at the police departments the number of cases we have option to refer child abuse now, and we have only cases to the task force for a scratched the surface." WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 3 January 13, 1998 Issue Consider and act upon approval of a Resolution and Interlocal Agreement between Dallas County and the City of Wylie for the reconstruction of County Line/Vinson Road from Dallas County Commissioner District 2. Background By Ordinance no. 85-38, City of Wylie annexed 96.218 acres of land on April 24, 1985. As a result of this annexation, the south half of the right-of-way of Vinson Road falls within the jurisdiction of the City of Wylie. The north half of the right-of-way, which is in an unincorporated area, falls within the jurisdiction of Dallas County. Both Dallas County and the City of Wylie maintain Vinson Road for minor repairs only, such as the repair of pot holes, patching and the cleaning of drainage ditches. The edge of the shoulder of the road is constantly breaking away. City of Wylie records indicate that we have maintained our portion since 1990. In order to resolve complaints received from citizens to both Dallas County and the City of Wylie, Mr. Ray Morgan, the Superintendent from Dallas County Road and Bridge District 2 has forwarded information concerning the reconstruction of a section of Vinson Road, .359 miles in length. There is currently no agreement between Dallas County and the City of Wylie for annual maintenance. The agreement calls for Dallas County to furnish the materials, labor and equipment at a cost not to exceed $28,844.82. The City of Wylie would agree to pay half that amount in addition to notifying the public of the project, locating utilities within the project, providing utility relocations if necessary, and furnishing Police personnel as requested by the County for traffic control. In the event that the cost of the project may exceed the projected amount, the County and the City agree to either reduce the scope of construction or seek additional funding. Dallas County Commissioner District 2 has forwarded a breakdown cost estimate, which is attached. Consent Agenda Item No 3 Page 1 Financial Considerations Dallas County Public Works will reconstruct Vinson Road by adding salvage base where needed, lime slurry subgrade and apply two surface treatments of chat rock and clean out the drainage ditches. The City of Wylie's equal share in this project will be $14,422.21, based on the project estimate cost from Dallas County Commissioner District 2. Dallas County requires a signed and completed Interlocal Agreement and Resolution and a check for $14,422.21 before they will start work on Vinson Road Project. Please note from Dallas County Interlocal Agreement VIII, page 2, that Dallas County agrees to liability damages. The Vinson Road project was not budgeted in Fiscal Year '98 budget. Staff proposes financing the project with a budget amendment or from Fiscal Year `98 Street and Alley programs. Staff feels we can absorb cost from Fiscal Year '98 Street and Alley programs. Other Considerations Article 2, Section 1 C of the Home Rule Charter gives the City Council authority to cooperate with other governments (County, City or political subdivisions), for lawful advancement of interest, safety, convenience and welfare of its inhabitants. Boatc_Recommendations N/A -Staff Recommendation Staff recommends City Council to approve the Resolution and Interlocal Agreement with Dallas County Commissioner District 2 for reconstruction of Vinson Road. Consent Agenda Item No 3 Page 2 Attachments Resolution Interlocal Agreement - Dallas County/City of Wylie Letter to Mr. Jones, Superintendent City of Wylie Public Works Department Cost Breakdown Estimate Sheets Map of Proposed Reconstruction Area Memorandum to Mr. Collins, City Manager 1111 p A,LL :14 'repare y ev. ed by Finan e City Manager Approval Consent Agenda Item No 3 Page 3 Resolution No. RESOLUTION BY THE WYLIE CITY COUNCIL AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY SECRETARY TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF WYLIE FOR VINSON ROAD FROM ROCKWALL COUNTY LINE TO COLLIN COUNTY LINE WHEREAS, the City Council agrees that is in the best interest to enter into an agreement between Dallas County and City of Wylie, Texas; and WHEREAS, the City of Wylie has requested and the County agrees to resection roadway, adding lime to subgrade, adding salvaged base where needed, and applying a two course surface treatment for wearing surfaces on Vinson Road beginning at the Rockwall County line and ending at the Collin County line; and WHEREAS, the County agrees to furnish materials, labor and equipment necessary and to perform the project construction at a cost not to exceed $28,844.82; and WHEREAS, the City Council authorizes the Mayor or City Manager and City Secretary to execute the said contracts on behalf of the City of Wylie; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1 Authorizing Execution The City Council authorizes the Mayor or City Manager and City Secretary to execute the interlocal agreement between Dallas County and the City of Wylie. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE 13TH DAY OF JANUARY, 1998. Jim Swartz, Mayor Susan Shuler, City Secretary STATE OF TEXAS )( COUNTY OF DALLAS )( INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY/TOWN OF WYLIE FOR VINSON AVENUE, ROAD OR STREET FROM ROCKWALL COUNTY LINE TO COLLIN COUNTY LINE WHERE AS, the City/Town of Wylie, Texas, hereinafter called "City", and the County of Dallas, Texas, hereinafter called "County", desire to enter into an interlocal agreement for the purpose of resection roadway, adding lime, salvaged base when needed, and applying two course surface treatment for wearing surface, as further described by exhibit "A"; and, WHERE AS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City and County for the mutual consideration stated herein: WITNESSETH I. City has requested and County agrees to resection roadway, adding lime to subgrade, adding salvaged base where needed, and applying a two course surface treatment for wearing surfaces to/on Vinson Avenue, Road or Street, beginning at the Rockwall County line and ending at the Collin County line, hereinafter called the "Project", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The Project is classified as a County Type "AE" road project. II. County agrees to furnish materials, labor and equipment necessary and to perform the Project construction at a cost not to exceed $28,844.82, hereinafter called the "Not to Exceed Amount". Road & Bridge District ILA (AM61997) III. City agrees to pay to County the sum of $14,422,41, as City's portion of the cost of the Project. Such amount will be deposited with County prior to the commencement of construction and County is authorized to expend such amount for periodic payment of Project cost. IV. City agrees to accomplish the following items, if required by the project, in a timely manner to insure that such items will not delay the County construction schedule; (1) inform the public of the proposed reconstruction of the Project; (2) locate all manholes, water valves, and other utilities within the Project; and (3) make or cause to be made all utility relocations or adjustments necessary for the Project at no cost to County. V. In the event that the cost of the Project shall exceed the Not to Exceed Amount, City and County agree to either reduce the scope of construction or seek additional funding to complete the project. At the termination of the Project, County will do a final cost accounting of the Project. In the event that the amount paid by City exceeds the actual cost, the difference will be remitted to City. In the event that additional funds are due, County will bill City who agrees to pay such funds within thirty (30) days of receipt of such billing. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Project and final payment as provided herein. VII. The City agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City agrees to furnish such police personnel as requested by County for traffic control or other public safety matters at no cost to County. VIII. The County agrees to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs or judgments, including all reasonable attorneys fees, against the County, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and caused by the sole negligence of the County, its agents, officers and/or employees. Road & Bridge District ILA (AM61997) 2 IX. The City agrees to be responsible for any liability or damages the City may suffer as a result of claims, demands, costs or judgments, including reasonable attorneys fees, against the City, including workers compensation claims, arising out of the performance of the construction • and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of the agreement and caused by the sole negligence of the City, its agents, officers and/or employees. X. City and County agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. XI. City and County agree that County's obligation to perform the Project construction' is contingent upon the receipt of City's payment of $14,422.41 and no construction on the Project will commence prior to the receipt by County of such payment. The Town/City of , State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution , Minutes Dated the day of , 199_ The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the day of 199 City of COUNTY OF DALLAS BY BY TITLE LEE JACKSON, COUNTY JUDGE ATTEST APPROVED AS TO FORM CITY SECRETARY \ ATTORNEY John Dahill Chief, Civil Section Dallas County District Attorney. Road & Bridge District ILA (AM61997) 3 pJ• pf Tf Of SE r MIKE CANTRELL Dallas County Commissioner District 2 December 9, 1997 Mr. Jack Jones Street Superintendent 949 Hensley Lane Wylie, Texas 75098 City of Wylie Dear Mr. Jones: Attached you will find the City/County agreement and project estimate for the repair of Vinson Road. Once completed please forward this agreement along with a check in the amount of $14,422.41 back to this office. Once received this office will have a court order processed and when completed and weather permitting, I will start the construction. If additional information is needed, please let me know. Sincerely, yo and . o an Superintendent Dallas County Road and Bridge District #2 Road and Bridge Office: 715 Rowlett Road,Garland,Texas 75043 (972)240-1740 Administration Office: 411 Elm Street,Dallas,Texas 75202 Fax#(972)240-1749 November 18, 1997 CITY OF WYLIE Vinson Road between Rockwall County and Collin County Resection roadway adding salvaged base where needed, lime subgrade and apply two surface treatment for wearing surface . RESECTION / 2 COURSE SURFACE ESTIMATE OF "AE" TYPE ROAD WORK MATERIAL/EQUIPMENT QTY. UNIT COST TOTAL CHAT #4 60 CY 22 . 00 1, 320 . 00 CHAT #3 60 CY 22 . 00 1 , 320 . 00 BASE SALVAGED 200 CY 4 . 00 800 . 00 ASPHALT PRIME 800 GAL . 82 656 . 00 ASPHALT HFRS 3100 GAL . 62 1, 922 . 00 ASPHALT DIST. 12 HR 18 . 00 216 . 00 SPREADER BOX 10 HR 20 . 00 200 . 00 RUBBER TIRED ROLLER 70 HR 18 . 00 1, 260 . 00 LIME SLURRY 64 TON 85 . 00 5 , 440 . 00 MOTOR GRADER 70 HR 28 . 00 1, 960 . 00 PULVERIZER MIXER 40 HR 30 . 00 1, 200 . 00 COMPACTOR 40 HR 20 . 00 800 . 00 THREE WHEEL ROLLER 60 HR 20 . 00 1, 200 . 00 WATER TRUCK 60 HR 11 . 00 660 . 00 LOADER 6 HR 28 . 00 168 . 00 SWEEPER 4 HR 12 . 00 48 . 00 DUMP TRUCK 80 HR 12 . 00 960 . 00 LOWBOY/TRACTOR 10 HR 28 . 00 280 . 00 FLAT BED TRUCK 20 HR 10 . 00 200 . 00 PICKUP 50 HR 8 . 00 400 . 00 MATERIAL/EQUIPMENT QTY. UNIT COST TOTAL LABOR 536 HR 13 . 00 6, 968 . 00 ADMINISTRATION FEE OF 12 .44% LABOR ONLY 866 . 82 TOTAL $ 28, 844 . 82 Please escrow with Dallas County 50% of the total estimate amount or $14 , 422 . 41 . ESTIMATED BY: Ray organ, R' erintendent, g Road & Bridge District #2 i • --,...Lc) i i • , I - \I 1 i i _ i i ; ; \ ! I 1 I 1 I 1 i ....... \ i i L__J ------r-i---- , L\ I \ I _ ______. \ I/ ,/ \\ t---I--- . . I --.4----I----.----4 I 1 I h.-------- ------ i ',; .• / A /• — --11 -. ---)-, h-I • ... co1ii4 Cou../11 i I 'Si- 41b,. i . i \ . \ , /7 /0 ,•,.... N.,.4).4...., ,,\ i i 411Fir \ ee, I N. --_-__ 1110 k s•\\/ 11 7 . co :3 . eal F d 11 ,, _-i i El: / .I.. .I__ ir____i_ i -- ________11_ , •,...- .., \ 0o , %IL. Ilk .....• /7 i ..k.. \if .,• r -v. 0 ITIFT111111Tre. \ / ag , A• r • .,,, 3" • I .--/-1 • . I—.._ a , .. 1 • . • Att- . . \ ..,‘ / \ -\ p. ./.- \ - \\*.. . >, / \ 4 11110.4e..-...) *,or ',... \ AIL \ //' S. • .. ' . , / s. \ .... ...... ...... / \ / ------ \ --- /\,... .._ —c• i \ i \\ / , .." ., ) ',.., , / .... N..... / 1 c \s \ \ \,....i z 1 \ k • \<.' • ,, • \ \ ( / \ C • \-........... ..,....'-' \, .,,A \ ...-<" --c. \ ...‘ \`‘, \ \ \ .). 0,4- 11" /i 6 MEMORANDUM TO: Mike Collins, City Manager FROM: Jack Jones, Superintendent of Public Works DATE: November 20, 1997 RE: Vinson Road City of Wylie received, hand delivered, on November 17, 1997 a report on upgrading Vinson Road. City of Wylie owns half the portion, South side, from Stone Road to Redwood on the Lake trailer park. Dallas County is in the process of redoing their portion in the near future. Ray Morgan, Superintendent of Dallas County road and bridge district, contacted me on November 12, 1997 to discuss the road conditions. Two options were complete asphalt overlay and seal coating. A. Reconstruct and 2" asphalt overlay, our portion: $28,996.73 B. Reconstruct and 2 coarse seal coat, our portion: $14,422.41 We settled on option B due to costs involved. We feel seal coating is a viable solution and cost effective. I feel asphalt overlay life span is 7 to 10 years and 2 coarse seal coating life span is 5 to 7 years. This situation is same as 2 years ago. City of Wylie owns a portion of Pleasant Valley Road that Dallas County reconstructed and we participated in for our 1/2 portion. If we don't participate in our'/2 portion of Vinson Road than Dallas County will do their 1/2 portion and ours will be left undone. As soon as confirmation is made within the organization, than Dallas County will send City/County agreement. From financial considerations, we could use budget line item 411-58210 for Streets & Alley fund. I had projected $47,000.00 towards overlay on Skyview. WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 4 January 13, 1998 issue Consider and act;,upon Final acceptance of the construction of the 12" Water Main along McMillen Road and provide authorization for Change Order No. 2 and final payment to XIT Paving and Construction, Inc. in the amount of $24,679.33 and accept the project as complete. Background XIT was awarded the contract for the construction of the new 12"water main along McMillen Road and an 8"water main along Briarwood Drive on April 22, 1997. This project consisted of the construction of approximately 8,600 lineal feet of 12"water main along McMillen Road and approximately 900 lineal feet of 8" water main. The 12" water main connected to the existing main at South Fork Mobile Home Park and ran along McMillen Road to tie into the existing line at McMillen Farms Estates. The 8"water main replaced an old, deteriorating line which was in place along Briarwood Drive. Change Order No. 2 has been prepared and attached for your review. It consists of various unit price items quantity overruns and underruns. It also includes an additional pay item for 1"water services which were added at the City's request. The Engineer and City Staff have reviewed the items and quantities included in Change Order No. 2 and recommend approval of all items included. Construction began on June 30, 1997 and was substantially complete within the allotted contract time. A final walk through was performed by the City Staff, the Engineer and the Contractor on December 5, 1997. All work performed was in compliance with the plans and specifications and is acceptable to City Staff and the Engineer. All items noted as deficient have been corrected and the job is ready for final acceptance. Financial_Considerations This project was financed through funds from the 1995 Bond Program - Phase 2. The original projected cost for this project was approximately $246,750.00. The original construction contract was issued for $254,119.48. The final cost for this construction contract with change order number one (1) and change order number two (2) and a final payment of $24,679.33 is $270,867.54. Total costs to date including construction, engineering, surveying, testing and other miscellaneous costs is $298,799.03. Consent Agenda Item No 4 Page 1 OtherConsiderations Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board Recommendatio_ns N/A Staff Recommendations Staff recommends final acceptance of the project and issuing final payment to XIT Paving and Construction, Inc. in the amount of$24,679.33. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Contractor Affidavit of Final Payment and Release Consent of Surety Letter from Hogan Corporation Final Payment Request Change Order No. 2 IP (A/A , 1 C k Prepare. =. Fin a Dept Ap ova City Manager Approval Consent Agenda Item No 4 Page 2 CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR ❑ AIA Document G707 SURETY ❑ (Instructions on reverse side) BOND NO. 22-001-465 OTHER ❑ TO OWNER: ' ARCHITECT'S PROJECT NO.: (Hank and address) CITY OF WYLIE 2000 HWY. 78 NORTH CONTRACT FOR: UTILITY IMPROVEMENTS WYLIE, TX 75098 • PROJECT: CONTRACT DATED: MAY 6, 1997 (Name and address) CONSTRUCTION OF APPROXIMATELY 7,500 LINEAR FEET OF 12-INCH WATER MAIN AND APPROXIMATELY 900 LINEAR FEET OF 8-INCH WATER MAIN, INCLUDING FIRE HYDRANTS AND RELATED APPURTENANCES IN WYLIE,TEXAS In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address q[Srrreh') LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY STREET BOSTON, MA 02117 , SURETY, on bond of (Insert name and address of Contractor) XIT PAVING AND CONSTRUCTION, INC. P. O. BOX 495337 GARLAND,TX 75049-5337 , CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and aeldre s cy Ou•ne;) CITY OF WYLIE 2000 HWY. 78 NORTH WYLIE, TX 75098 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: DECEMBER 12, 1997 (Insert in writing the nnonth followed h(the numeric date and rear.) LIBERTY MUTU .L INSURANCE COMPANY (Snit-0) BY: 7Z1/7L - 7,.�L�,-C!!�- XXXX WITNESS S 0 SURETY: (Signaturegfauthori_edrepreseni ire) Attest: I SHERYL A. KLUTTS ( CYNT KLUTTSSeal : S ATTORNEY-IN-FACT (!'rioted,uune unr!title I AlACAUTIO You original document p original assuresN: thatshould changessign an will not be obscuredAIA as may that occurhas whenthis documentscaution are rinted reproduced.in red. An See Instruction Sheet for Limited License for Reproduction of this document. Am DOCUMENT G707•CONSENT OF SURETY TO FINAL.PAYMENT• 19')4 EDFTION•'AP, fui ©I99 •THE.AME.RICAN INs rrrl: E.OF ARCHITECTS.1735 NEW YORK AVE`l'F..NW WASH- :\l1 INC!ON. D.C. 2010) -5_202 • WARNING: Unlicensed photocopying violates U.S. copy- G707-1994 right laws and will subject the violator to legal prosecution. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3 2 3 5 I F. This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JOHN A. MILLER, SHERYL A. KLUTTS, JOHN A. MILLER, II, K. R. HARVEY, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY-FIVE MILLION DOLLARS ($ 25,000,000 ) each, and the execution of such bonds or >, undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by . the secretary of the Company in their own proper persons. cn co 1 That this power is made and executed pursuant to and by authority of the following By-law and Authorization: a) C v ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. � • ui Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such d limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the >,' 12 ]C company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety c ▪ $- obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the co j ca company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such = o u cn instruments shall be as binding as if signed by the president and attested by the secretary. ON � � By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: CDW D > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact 73 p Q as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Q cgo v▪ m bonds,recognizances and other surety obligations. O 1 o▪N .That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. L c D L. IN WITNESS WHEREOF, this instrument has been subscribed by its authorize f icer and the corporate seal of the said Liberty Mutual Innyrance 3 (D u C Company has been affixed thereto in Plymouth Meeting, Pennsylvania this zotn day of September , 19 b . a E d N 7 co LIBERTY MUTUAL INSURANCE COMPANY o � T +% y Garnet W.Elliott,Assistant Secretary '13 COMMONWEALTH OF PENNSYLVANIA ss > D 2.3 COUNTY OF MONTGOMERY 3 v On this 25th day of September A.D. 19 96 , before me, a Notary Public, personally came the individual, known to 44 ccoo' w me to be the therein described individual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- E cv ;✓ ged that he executed the same and,that the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate c 0 v seal and his signature subscribed thereto was duly affixed and subscribed to the said instrument by authority and direction of the said company. o o IN TESTIMONY WHEREOF I hereunto set my hand and affix my official seal at Plymou Meeting,p,, Yan, ear first above written. 0 Notary Public CERTIFICATE I, the undersigned Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force effect as e) though manually affixed. // IN T T ii NY VyHEREO have hereun ribed my name and affixed the corporate seal of the said company, this /� day of sistant.ec etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI• e- E AFTER September 25 19 98 THE STATE OF TEXAS) CONTRACTORS AFFIDAVIT OF ) FINAL PAYMENT AND RELEASE COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE H. MCSPADDFN ("Affidant") , who , after being by me duly sworn, deposes and says that he is PRESIDENT OF XIT PAVING & CONST. a CORPORATTON (corporation, partnership, trade name) of DALLAS County, State of Texas (the "Contractor") , which said Contractor was awarded the contract dated the 19TH day of DECEMBER , 19 97 ' for the construction of 12" WATER MAIN ALONG MCMILLAN AND 8" ALONG BRIARWOODat WYLIE, TEXAS (the "Work") , for a total consi- deration of 270,867.54 dollars to be paid to the said Contractor (the "Contract") , and that Affiant has full power of author- ity to make this affidavit. That THE CITY OF WYLIE (the "Owner") has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas , or any other applicable statutes or charter provisions , and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner , the Contractor hereby accepts the amount of 24,679.33 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract , and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract , including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors") , as well as claims for delay, additional compensation or for recovery of liquida- ted damages which may have been withheld by the Owner. The Contractor shall defend , hold harmless and indemnify the Owner from any such claims of such Subcontractors . The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract . This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said ContractAi BY ��//1.�«w.�_7VOW' I .�d Affiant) (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME, this the 19TH day of DECEMBER ' 19 97 . _ & 3 ae -- -' �--- (Notary Public in and for the State of Texas ;.: 4 -i HRISTINA L. BOND Notary Public,State of Texas CHRI STINA L. BOND *Nil My Commission Expires I y (Printed Name of Notary) ��„F,t`' 10/31/98 My commission expires 10-31-98 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 1/5/97 Date Lisa Price From 1/16/97 Due Date EIV Return Check to Department Vendor No. Pay To: XIT Paving and Construction, Inc. P.O. Box 495337 Garland, Texas 75049-5337 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) OO.0<1 (XXXXXI ( <) Final 12/31/97 612 901 28310 8621 $24,679.33 GRAND TOTAL Explanation: Final payment and acceptance for the 12"water main along McMillen Rd. and the 8"water line replacement along Briarwood. This includes Change Orders #1 &#2 plus 5% retainage for a total cost of $24,679.33. City Council approved and accepted the project as complete at their 1/13/98 meeting. Finance Dept. Department Head THE HOGAN CORPORATION Engineers • Planners • Consultants December 31, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Lisa Price, Project Coordinator Re: New 12"Water Main along McMillan Rd. and 8"Water Main Replacement along Briarwood THC #002-35.42 Dear Mr. Collins: We are submitting herewith for your review four(4) copies of the Final Progress Estimate for the construction work completed by XIT Paving & Construction Co., Inc. (XIT) for the period from August 23 to December 19,1997, on the above referenced project. A final walkthrough has been performed with representatives of XIT,the City of Wylie, and The Hogan Corporation present. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. The original contract amount was for$254,119.48. Change Order#1 for$15,175.00 (increase in the amount of work performed approved October 28, 1997) and Change Order#2 for$1,573.06 made the final contract amount for this project$270,867.54. This final pay request includes the 5%retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety"from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of Change Order#2 and Final Progress Estimate, please execute all copies, retain two(2) copies for your files, return one (1)copy to this office, and send one (1) copy to XIT Paving and Construction, Inc., P.O. Box 495337, Garland, TX 75049-5337, along with your remittance in the amount of$24,679.33. Yours very truly, THE HOGAN CORPORATION Gregotyc.S. MacLean, P.E. Vice President ��IMembErifIbng Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 i Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (972) 392-4600 FAX: (972) 490-7163 Application for Payment Final - McMillan Road Owner: City of Wylie For Period From: August 23, 1997 To: October 14, 1997 Project Name: New 12"Water Main along McMillan Rd. and 8"Water Main replacement along Briarwood Owner's Project No.: Engineer's Project No.: 002-35 Contractor: XIT Paving and Construction, Inc. Address: P.O. Box 495337 Garland,TX 75049-5337 CONTRACT AMOUNT CONTRACT TIME Part B Amount of Contract as Awarded: $254,119.48 Contract Date: June 30, 1997 Change Orders: Start Date: June 30, 1997 #1 $15,175.00 Time Allotted: 90 cal.days #2 $1,573.06 Time Extensions: 0 cal.days #3 Revised Contract Time: 90 cal.days #4 Elapsed: 106.00 cal.days #5 %Time Elapsed: 117.78% #6 Remaining: -16 cal.days Total Change Orders: $16,748.06 Total Adjusted Contract: $270,867.54 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $270,867.54 Material on Hand(See Attached): • PROJECT TOTAL TO DATE: 100.00% $270,867.54 Less 5% Retainage: Less Previous Payments: $246,188.21 Total Deductions: $246,188.21 (S246,188.21) TOTAL AMOUNT DUE THIS ESTIMATE: $24,679.33 Recommended: Approved: By: ' By: /� 30'7 Date: Date: Engineer City of Wylie 1 2/31/97 Page 1 App for PayNo final-McMillan XIT.xls CHANGE ORDER No. 2 PROJECT: New 12" WM along McMillan Rd. DATE OF ISSUANCE: December 31, 1997 OWNER: City of Wylie OWNER's Project No. 2000 Hwy. 78 North Wylie, TX 75098 CONTRACTOR: XIT Paving & Construction, Inc. ENGINEER: The Hogan Corporation P.O. Box 495337 12900 Preston Road, Suite 620 Garland, TX 75049 Dallas, Texas 75230 ENGINEER'S Project No. THC No. 002-35 Description: Water Main Improvements Purpose of Change Order: Adjust quantities to reflect an increase/decrease in amount of work performed. Attachments: Exhibit " A" CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 254, 119.48 90 cal days substantial/120 cal days final days or date Previous Change Orders No. 1 to No. 1 Net change from previous Change Orders $ 15, 175.00 0 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 269,294 .48 90 cal days substantial/120 cal days final days or date Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ 1, 573 .06 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 270, 867.54 90 cal days substantial/120 cal days final days or date RECOMMENDED: APPROVED: APPROVED: by / i- By by �� r Gre o y S. MacLean, P.E. Mike Collins, City Manager The Hogan Co r Lion City of Wylie XIT Paving & Const., Inc. DATE: /2 v' ' 7 DATE: DATE: CHANGE ORDER NO.2 EXHIBIT"A" ITEM NO. DESCRIPTION ADD'L. UNITS UNIT$ TOTAL QTY. 7 Blow Off Valve 1 EA $1,650.00 $1,650.00 11 6" Gate Valve 2 EA 415.00 830.00 15 Sawcut and Remove Concrete Drive -14 SY 6.00 -84.00 16 Concrete Drive Repair -14 SY 30.00 -420.00 17 Sawcut and Remove Asphalt Drive 9.27 SY 6.00 55.62 18 Asphalt Drive Repair 9.27 SY 32.00 296.64 19 Removal of Existing Sidewalk -60 SY 5.00 -300.00 20 4" Sidewalk -60 SY 27.00 -1,620.00 21 Seeding -446 SY 1.00 -446.00 22 Fertilizer -40 LB 1.00 -40.00 NEW 1" Water Service 6 EA 275.00 1,650.80 Total Amount,Change Order No. 2 $1,573.06 WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATIONr/f/1 ITEM NO 5 January 13, 1998 Issue Consider and act upon approval of final payment of$3,502.16 to Quantum Contracting, Inc. for the Community Park parking lot project. Background Competitive sealed bids were solicited and received for the Community Park parking lot project. The bid was awarded to Quantum Contracting, Inc. on February 11, 1997. This project was a part of the Project Priority List approved by the Park Board in November 1996. In addition to the construction of the parking lot, work has been completed which included improvements to the shoulder on a portion of the park road and grading for drainage improvements. The new parking lot has added approximately 38 new spaces to the area. Concern has been raised regarding the cracking in the asphalt surface of the parking lot. Greg MacLean of The Hogan Corporation, Public Works Superintendent Jack Jones, and the City's Inspector, Ray Cory inspected the work and determined that the parking lot was installed according to specifications. However, the contractor has agreed to double the length of time required for the full warranty from one year to two years and the repair will be completed at no additional cost to the City. Financial Considerations To date, the 4B Sales Tax has funded approximately $330,000 in park projects. When the Bonds were issued in January, 1996, a portion of the 4B Sales Tax was pledged toward the debt service of those bonds. Due to an accumulation of 4B funds, interest earned and a delay in project schedules, however, $50,000 was allocated within the FY 1997 Budget for miscellaneous park projects. The total amount paid to Quantum Contracting for the parking lot will be $35,021.60 with this final payment. The total costs for this project will be $39,493.59 when other directly related costs of$4,471.99 for engineering, surveying, testing, and parking lot striping are included. Consent Agenda Item No 5 Page 1 Other C__o__nside ations The Warranty Agreement has been extended for this project from the standard of one year to two years. BoardLCommissio _Re-c_o__mmendati_on N/A Staff Recommendation This project was funded through the 4B Sales Tax as a part of the 1996/97 Budget. Staff recommends the approval for final payment to Quantum Contracting, Inc. in the amount of $3,502.16. The contractor has satisfactorily fulfilled the terms of the contract. Attachment Letter from The Hogan Corporation 1 ,t, Lk :?lam x Prepare By Fina Debt. Appr val City Manager Approval Consent Agenda Item No 5 Page 2 01/09/98 17:23 '8r'972 490 7163 THE HOGAN CORP. *->-> WYLIE-COLLINS j001/001 THE HOGAN CORPORATION Engineers • Planners • Consultants December 31, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy 78 North Wylie,Texas 75098 RE: New Parking Lot in Community Park THC#002-21 ATTN: Lisa Price, Project Coordinator Dear Mr. Collins: The Hogan Corporation hereby recommends final acceptance of the above referenced project by the City and final payment in the amount of$3,502.16. This project has been complete and in service since October 1997. The final amount due represents the retainage of the contract amount only. Due to some minor cracks in the paved surface, the contractor has agreed to patch the cracks under the project warranty and to extend said warranty for an additional year(two years total). The Contractor has submitted a "Consent of Surety"from the bonding company as well as an"Affidavit of All Bills Paid." Approval of the Final Payment and acceptance of the project will initiate the two year warranty period. With your approval of this Final Payment, please execute all copies, retain two (2) copies for your files, return one (1) copy to this office, and send one (1) copy to Quantum Contracting, Inc., P.O. Box 397, Rockwall, TX 75087, along with your remittance in the amount of$3,502.16. Yours very truly, THE HOGAN CORPORATION % 9/7 -- --1)/14' -2----- /2'..1 Grey . MacLean, P.E. Vice President Member,Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 ohMember, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: i9721 392-4600 FAX:(9721 490-7163 WYLIE CITY COUNCIL FV711. CONSENT AGENDA COMMUNICATION ITEM NO 6 January 13, 1998 Issue Consider and act upon adopting a resolution designating the.,Wylie News as the official publication of the City for a single year. Background There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First, the publication must be a "newspaper" as defined by Section 2051.044, Texas Government Code. The section defines the term "newspaper" as: ...any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest published not less frequently than once each week, entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation, times of publication, and advertizing costs for public notifications. Newspaper Publication Advertising Approx. No. Dates Costs Subscribers Wylie News Every Wednesday $` .83 cents per line 4,000 Plano Star Courier Wed - Sunday $ 10.50 per col. inch 15,000* McKinney Courier Mon - Fri & Sunday $ .18 cents per word 8,500* McKinney Messenger Every Thursday $ 7.65 per col. inch 7,650* Garland News Thurs - Sun $ 13.99 per col' inch 10,000* Dallas Morning News Daily $ 8.25 per line per day N/A $ 9.19 per line Sunday * The Number of Wylie Subscribers who receive this publication was not available Consent Agenda Item No 6 Page 1 Background-continued The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News was the official publication for the City in 1997. Financial Consideration Approximately $2,844.35 was spent on advertizing cost for public hearing notices and legal notices during 1997. Other Consideration The City of Wylie Home Rule Charter states in Article 11, Section 2 "The City Council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper." Texas Government Code Section 52.004 requires this action be taken by City Council during the first month (January). Board/Commission_Recommendation N/A Staff Recommendation Staff recommends naming the Wylie News as the official newspaper. Attachments Resolution Copy of Statute Copy of Article 11, City Charter dc°'74441h) )ef)x-L_ co-dzvt:1- Prepared By Fina a Dept App oval City Manager Approval Consent Agenda Item No 6 Page 2 5,1 Texas Government Code. Section 2051.044 defines the term"newspaper"as: ...any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest published not less frequently than once each week,entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve(12)months prior to the making of any publication... TEX.GOUT CODE ANN.,Section 2051.044(Vernon 1995). The second issue to consider is whether a particular publication is a newspaper of general circulation. The term"general circulation"was construed by a Texas court in the case,City of Corpus Christi v.Jones,144 S.W.2d 388(Tex.Civ.App.-San Antonio 1940,writ disrn'd). In holding the • newspaper to be one of general circulation, the court stated that although publicity was given to the activities of churches and religious organizations,the news coverage in the newspaper was not restricted to such activities and the paper contained news items of general interest,editorials,and advertisements. Furthermore,the paper had a circulation of about 4,000 with 1,200 paid subscribers in a city with a population of 45,000. ,, V. w ORGANIZATION OF MUNICIPAL GOVERNMENT § 52.013 } ,ons executing the-'- mayor shall sign the ordinances and resolutions that evidence of the adoption of the ordinance and of the iy after the date of the mayor approves. required publication. d by the municipal.- (b) If the mayor does not sign an ordinance or (c) An ordinance required to be published by this resolution before the fourth day after the date it is section takes effect when the publication requirement 7 to a referendum placed in the secretary's office and does not return the is satisfied unless the ordinance provides otherwise. e state constitution ordinance or resolution under Subsection(c), the ordi- An ordinance that is not required to be published by nance or resolution takes effect as provided by law. this section takes effect when adopted unless the § 6(a), eff. Aug. 28, (c) If the mayor returns an ordinance or resolution ordinance provides otherwise. to the governing body with a statement of objections (d) If a Type A general-law municipality publishes before the fourth day after the date the ordinance or its ordinances in pamphlet or book form, the publica- )F MUNICIPAL resolution is placed in the secretary's office, the gov- tion in the official newspaper of an ordinance included erring body shall, on the return, reconsider the vote in the pamphlet or book is not required if the ordi- by which the ordinance or resolution was adopted. If nance was published previously in the official newspa- PROVISIONS a majority of the total number of members of the per. A court shall admit without further proof an GENERAL- governing body, excluding the mayor, approve the ordinance of a Type A general-law municipality that is VIES ordinance or resolution on reconsideration and enter published in pamphlet or book form as authorized by the votes in the journal of the governing body's pro- the governing body if the ordinance was published e A General-Law Mu- ceedings, the ordinance or resolution may take effect. previously in the official newspaper. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Acts 1987,70th Leg.,ch. 149.§ 1,eff.Sept. 1, 1987. Amend- dated Conditions for ed by Acts 1989, 71st Leg., ch. 194, § 1, eff. Aug. 28, 1989. § 52.004. Official Newspaper ,d for expansion] (a) As soon as practicable after the beginning of § 52.012. Type B General-Law Municipality each municipal year,the governing body of the munic- (a) Before an ordinance or a bylaw of a Type B OF ORDINANCES ipality shall contract, as determined by ordinance or general-law municipality may be enforced, the ordi- )ality. resolution,with a public newspaper of the municipality nance or bylaw, or a caption that summarizes the ,ality. to be the municipality's official newspaper until anoth- purpose of the ordinance or bylaw and the penalty for er newspaper is selected. violating the ordinance or bylaw must be posted in b) The governingbodyshallpublish in the munici three public places in the municipality or published in L PROVISIONS ' a newspaper that is published in the municipality. If GENERAL- pality's official newspaper each ordinance, notice, or no newspaper is published in the municipality, the TIES other matter required by law or ordinance to be ordinance, bylaw, or summary may be published in a published. newspaper with general circulation in the municipali- to Type A Genet-- Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. ty. [Sections 52.005 to 52.010 reserved for expansion] 1 (b) Unless the publication is in a weekly newspaper, a Type A general- 1 the governing body must post or publish the ordi- SUBCHAPTER B. PUBLICATION . nance, bylaw, or summary for at least two days. If Sept. 1, 1987. OF ORDINANCES 1 the publication is in a weekly newspaper, the govern- t ing body shall publish the ordinance, bylaw, or sum- ek § 52.011. Type A General-Law Municipality • mary in one issue. of the municipality" (a) If a Type A general-law municipality adopts an p Acts 1987,70th Leg.,ch. 149,§ 1,eff.Sept.1, 1987. Amend- :y council of the city s ordinance that imposes a penalty, fine, or forfeiture, ed by Acts 1989, 71st Leg.. ch. 194, § 2, eff. Aug. 28, 1989. Y),, i the ordinance, or a caption that summarizes the pur- len the ordinance is - pose of the ordinance and the penalty for violating the § 52.013. Home-Rule Municipalities ordinance, shall be published in: (a) The governing body of a home-rule municipality Sept. 1, 1987. (1) every issue of the official newspaper for two may publish a caption of an adopted ordinance that days; or summarizes the purpose of the ordinance and any nd Related Condi-i (2) one issue of the newspaper if the official penalty for violating the ordinance in lieu of a require- .e to Take Effect 1 newspaper is a weekly paper. ment in the municipality's charter that the text of the ;olution adopted by (b) An affidavit by the printer or publisher of the ordinance be published. iicipality may take 1 official newspaper verifying the publication shall be (b) If the charter of a home-rule municipality does i must be placed in filed in the office of the secretary of the municipality. not provide for the method of publication of an ordi- • municipality. The In the courts of this state, the affidavit is prima fade nance, the full text of the ordinance or a caption that € 63 Section 9: Existing Franchises: or by the constitution and laws of the State Other Conditions of Texas, shall be published in this official newspaper. All franchises heretofore granted are recognized as contracts between the city and Section 3: Nepotism the franchisee and the contractual rights as contained in such franchises shall not be No person related within the second degree impaired by the provisions of this charter by affinity or within the third degree by except for the following: consanguinity to the mayor or any city council member or the city manager shall be A. To license, regulate, control or prohibit employed or appointed to any position of the the erection of signs or billboards or city. This does not apply to any person other devices designed to attract the continuously employed for two (2) years attention of members of the public. prior to the election or appointment of the person related in the above degrees. B. To license any lawful business, occupation or calling subject to control Section 4: Oath pursuant to the police powers of the State of Texas. All elected and appointed officers of the city shall take and sign the oath of office based C. To license, regulate and fix charges on ones prescribed for state elective and made for vehicles carrying passengers appointive offices, respectively, in the or freight for hire on streets within the constitution of the State of Texas. city. Section 5: Personal Financial D. To license,regulate,control and prohibit Interest vendors and/or solicitors operating within the city. No officer or employee of the city shall have a financial interest,direct or indirect, in any contract with the city. or shall be financially ARTICLE 11 interested directly or indirectly, in the sale to the city of any land, materials, supplies or GENERAL AND TRANSITIONAL service, except on behalf of the city as an PROVISIONS officer or employee. Any willful violation of this section shall constitute malfeasance in Section 1 Publicity office, and any officer or employee found guilty thereof shall be subject to removal All records of the city shall be open to from his office or position. Any violation of inspection except for those that are closed to this section with the knowledge expressed or the public by law. The records may be implied, of the person or corporation examined and copied in the city office during contracting with the city council shall normal office hours. The council may set render the contract involved void. reasonable rates and fees for copying. Section 6: Assignment, Execution Section 2: Official Newspaper and Garnishment The city council shall declare an official The property, real and personal, belonging newspaper of general circulation in the city. to the city shall be liable to be sold or All ordinances, captions of ordinances, appropriated under any writ or execution of notices and other matters required to be cost bill. The funds belonging to the city, in published by this charter,by city ordinances, the hands of any person, firm, or 30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 13th day of January, 1998. Jim Swartz, Mayor Susan Shuler, City Secretary WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 7 January 13, 1998 Issue Consider and act upon a request for approval of a Final Plat (Approved for Construction)for the Newport Harbor, Phase III Subdivision submitted by Centex Homes. This property is located north of the intersection of FM 1378 and FM 3412 (Brown Street) and more specifically described as being 24,678 acres out of the J.C. McUlmurry Survey,Abstract No. 629. Background Owner/Developer Centex Homes, of Carrollton, is the owner of 87.781 acres and has proposed a housing development consisting of 359 lots (total) to be constructed on said property. The original Preliminary Plat of Newport Harbor consisted of three phases. Only the first phase was ever approved as a Final Plat and approved for construction. This first phase consists of the lots presently located on Schooner Bay and Anchor Drive. On November 4, 1996, the Planning and Zoning Commission recommended approval of the new Newport Harbor Preliminary Plat. This new Preliminary Plat platted six phases in the same area where the original only had two. The City Council approved the same Preliminary Plat at their meeting on November 12, 1996. Newport Harbor Phase II was Approved for Construction on January 28, 1997 and accepted by the City Of Wylie. Homes are under construction in that Phase now. If Phase III is approved by the City Council , the developer will then be allowed to begin construction of the public facilities which include all on-site improvements and the off-site drainage channel to the east. Sewer will be provided to this Phase by the construction of a outfall sewer which will extend south to the Muddy Creek Interceptor Sewer. The construction of the sewer will replace the existing lift station at Newport Harbor and the entire subdivision will be served by the new sewer main. The new main has been sized and installed to serve the area of the Birmingham Farms and all the drainage basin to the south to Hwy. 544. This outfall sewer is indicated on the City of Wylie's Sewer Master Plan. The Final Plat which is being brought before the Council for consideration is for Phase III, consisting of 95 lots on 24.678 acres, directly to the south of Phase II, and including the continuation of the cul-de-sac at the east end of Anchor Dr. Consent Agenda Item No 7 Page 1 Financial_n.anci al_Considerations Impact Fees for Phase Ill of Newport Harbor, which consists of 95 lots, will amount to $200,640. As established in the Subdivision Regulations, Centex Homes will be eligible for reimbursement for a portion of the construction costs on the outfall sewer, however the exact figure cannot be calculated until completion of the project. The developer will be responsible for the constructing a 12-inch sewer line for the Newport Harbor Phases II - IV, consistent with the City's minimum sizing requirements. The City of Wylie will be responsible for the cost difference between the ultimate size per the 10-year Capital Improvements Plan and the 12-inch sewer line. The City accepts the utility line after necessary inspection and will reimburse Centex for the actual expenses relating to the over sizing. Centex will pay all sanitary sewer impact fees. The City of Wylie will also establish and administer a Pro Rata agreement. The program would allow reimbursements of the 12- inch sewer construction and design costs from any property currently located within the City of Wylie. The City of Wylie agrees that the reimbursement will be based on a percentage of sewage contributed from a development to the overall sewage flow. July 28, 1997 correspondence specific to the responsibilities of both the City and the developer was addressed to Mr. Calvin Bankes, Land Manager for Fox and Jacobs and has been included as an attachment to this agenda item. Other Considerations According to the City of Wylie's Subdivision Regulations, a Preliminary Plat must be submitted and reviewed by Staff to ensure that sufficient information exists, and is then recommended for approval by the Engineer. The Preliminary Plat and Plat Application is then submitted at least 15 consecutive days before the meeting of the Planning & Zoning Commission (P&Z)for its study and recommendation. The P&Z shall endeavor to act on the Preliminary Plat within 30 days from the date the plat was filed with each body for their approval. The Preliminary Plat shall then be submitted to the City Council for final action. After approval of the Preliminary Plat by the City Council, the subdivider may then prepare a Final Plat of all or a portion of the land included in the Preliminary Plat for submission to and consideration by the Planning & Zoning Commission for final recommendations. Upon final action by the P&Z on any Final Plat, the same shall be referred to the City Council for Final Plat approval. Upon approval action of the City Council, the Mayor is authorized to sign the signature block"Approved for Construction". At this time, the developer shall pay his required Developmental Inspection Fees and begin construction of the public facilities to be dedicated to the City. These construction areas include public streets, alleys, water lines, sewer lines, storm drainage lines, channels and all associated construction to be dedicated to the City. The City Council's vote that the Final Plat as presented is approved for construction indicates that at that point in time, no known conditions exist which will require changes from the approved Final Plat. Consent Agenda Item No 7 Page 2 Other Considerations-continued Inspections will be made throughout the construction of the infrastructure facilities which are intended for dedication to the City. After completion of the "dedicated improvements", the developer shall apply to the City Council for acceptance of the Final Plat, which includes dedications and easements. City Staff shall indicate to the City Council that all public improvements have been completed in accordance with the requirements of the City of Wylie. Only then is the Mayor authorized to sign the signature block "Accepted". The Final Plat shall then be filed with the appropriate County, and issuance of building permits may begin. Building Permits may only be issued on a completed development or within a completed, approved phase. Board Recommendations The Planning and Zoning Commission voted to recommend to City Council approval of the Final Plat for Newport Harbor Phase III by a vote of 7 - 0 at its January 5,1998 meeting. Staff.Recommendations This Plat has been reviewed by City Staff and Consulting Engineer, Greg MacLean and meets all City of Wylie Subdivision Regulation requirements. Staff recommends approval for construction for the Newport Harbor, Phase III Final Plat. Attachments Plat Application and Final Plat copy Correspondence of July 28, 1997 61)7")w w 1 v`f - Prepared Fina Debt Appro al City Manager Approval Consent Agenda Item No 7 Page 3 Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date August 18, 1997 Name of Proposed Development Newport Harbor, Phase III Name of Property Owner/Developer Centex Homes Address 2800 Surveyor Blvd. Carrollton, TX 75006 Phone (972) 417-3562 Owner of Record Same as above Address Phone Name of Land Planner Carter & Burgess, Inc. Surveyor/Engineer Address 7950 Elmbrook Dr. #250 Dallas, Tx 75247 Phone (214) 638-0145 Total Acreage 24.678 acres Current Zoning SF-3 Number of Lots/Units 95 t Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 Page 2 of 3 • Provided or Not Shown on Plat Applicable x 1. Title or name of development, written and graphic scale, northtpoint, date of plat and key map. x 2. Location of the development by City, County and State. x 3. Location of development tied to a USGS monument, Texas Highway monument or other approved benchmark. x 4. Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. x 5. If no engineering is provided, show contours of 5 foot intervals. x 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. x 7. Approved name and right-of-way width of each street, both within and adjacent'to the development. x 8. Locations, dimensions and purposes of any easements or other rights-of-way. x 9. Identification of each lot or site and block by letter and • . number and building lines. ~ x 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved Concept Plans, reference recorded subdivision plats or adjoining platted land by volume and page. x 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. x 12. Certificate of dedication of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). Page 3 of 3 x ' 13. Designation of the entity responsible for the operation and maintenance of any commonly-held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). x /14. Statement of developer responsibility for storm drainage improvements (see wording). x 15. Instrument of dedication or adoption signed by the owner or owners (see wording). x _ 16. Space for signatures attesting approval of the plat (see wording). x _ 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the . preparation of the plat (see wording). x 18. Compliance with all special requirements developed in • preliminary plat review. x ✓19. Statements indicating building permits will be issued until all public improvements are accepted by the City (see wording). x 20. Submit along with plat a calculation sheet indicating the area of each lot. x 21. Attach copy of any proposed deed restrictions for proposed subdivision. Taken by iga, , File No.: Date: q/q/ q Fee: a,s- °° Receipt No.: 1105?� Our Mission.. ...to be responsible stewards of the public trust, to strive for excellence in public service, and ••.�'' to enhance the quality of life for all. .July 28, 1997 Mr. Calvin Bankes Land Manager Fox and Jacobs 2800 Surveyor Blvd. Carrollton, Texas 75006 RE: Newport Harbor Off-Site Sanitary Sewer Dear Mr. Banks: Thank you for your June 23, 1997 letter. We are also looking forward to developing a long and mutually beneficial relationship for many years to come. As we have discussed, anything that your company can do to bring character and establish a unique identity that will make Wylie and Centex standout from the surrounding communities is a goal I hope we both share. Specific to the issue of the sanitary sewer interceptor line from Newport Harbor to F.M. 544, in consultation with our City Attorney and City Engineer, we have drawn the following conclusions. The developer is responsible for constructing a 12-inch sewer line for the Newport Harbor Phases II - IV, consistent with the City's minimum sizing requirements. The City of Wylie will be responsible for the cost difference between the ultimate size per the 10-year Capital Improvements Plan and the 12-inch sewer line. The City accepts the utility line after necessary inspection and will reimburse Centex for the actual expenses relating to the over sizing. Centex will pay all sanitary sewer impact fees. The City of Wylie will also establish and administer a Pro Rata agreement. The program would allow reimbursements of the 12-inch sewer construction and design costs from any property currently located within the City of Wylie. We agree that the reimbursement will be based on a percentage of sewage contributed from a development to the overall sewage flow. Our City Attorney advises that the City is unable to agree to terms regarding Centex's desire to allow property outside the City of Wylie city limits and within another CCN territory to be hooked onto the City's sanitary sewer system. 2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302 �s tol Mr. Calvin Bankes Page 2 July 23, 1997 Mr. Greg MacLean informs me that he and Mr. John Ho have been working together on a strategy to obtain the necessary easements for this sewer line, as well as discussing other engineering related items. We will begin preparation of a draft agreement for Pro Rata reimbursement and will forward when complete. Please call Mr. Greg MacLean or myself if we can clarify any of the contents of this letter. Sincerely, mrytiAz__ Mike Collins City Manager MC/bas WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION Public Hearing ITEM NO 8 January 13, 1998 Issue Hold the first of two public hearings for the annexation of 3.21 acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and being part of the 195.939 acre tract of land described in deed to Belco Equities, Inc., recorded in Collin County Clerk's file no. 95-0003093 of the land records of Dallas County, Texas. Background The Wylie City Council on February 24, 1997 gave approval to Herzog Development Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary exchange between the cities of Sachse and Wylie were discussed during a January 1997 work session and action was formally taken at the October 28, 1997 Council Meeting. The proposal to exchange boundaries arose after a thorough evaluation of the conceptual plan. A conclusion was made that it would be difficult to provide some city services to several of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically separate 43 lots from the approximately 940 lots to be developed within Wylie. The only access to these 43 lots would be from a thoroughfare extending east from State Highway 78 and located in the City of Sachse. Attachment B shows the city limit boundaries between Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the proposed city limit boundaries. The Boundary Agreement requires an exchange of land between the two cities. Wylie will disannex one tract into Sachse's ETJ totaling approximately 15.61 acres, that are shown in the original conceptual plan as 43 lots. Sachse will disannex three tracts into Wylie's ETJ, totaling approximately 78.57 acres, that are shown in the original conceptual plan as a portion of the golf course. The cities will then annex the tracts within their ETJ. The tract of land which adjoins the Sachse's city limits, but presently now lies within the city limits of the City of Sachse, is a 22.521 acre tract of land, described on Exhibit "C", by metes and bounds. By annexing this property, the City of Wylie will obtain the extraterritorial jurisdiction to said tract so that the tract will belong to the City of Wylie. The total acreage has been highlighted for your review. These totals have been adjusted to reflect a correction, and will differ from the previous Public Hearing of November 11, 1997. After the first public hearing it was brought to attention of City of Wylie Staff by Sachse officials that the 3.21 acre tract should have been a part of the annexation process rather than a disannexation. These totals will reflect the accurate land exchange. The process to annex the 3.21 acre tract will begin with this evenings first public hearing. Public Hearing Item No 8 Page 1 Background continued Under this agreement, the golf course would be located solely within the City of Wylie. The 43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square feet. A golf course is a very popular and important quality of life amenity that is a proven draw for residential development and a valuable business/commercial development tool as well. The overall value that the golf course represents is of greater value than the loss of property tax revenue. In addition, the city would no longer be responsible for the provision of services to the 43 remote lots. The time line for the disannexation is as follows: First Notice to the Paper December 31, 1997 First Public Hearing January 13, 1998 Second Notice to the Paper January 14, 1998 Second Public Hearing January 27, 1998 Adopt Ordinance January 27, 1998 The approval of equal access demonstrates an act of good faith and cooperation by the City of Wylie. It is anticipated in the future that there will be several issues in which a level of cooperation will be necessary between the two cities. Financial Consideration The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the average value of the homes constructed was $125,000, the annual property taxes paid per year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690. The Collin County Central Appraisal District has provided information to the city that establishes the assessed valuation of a golf course is calculated at $10,000 per acre plus the value of the golf course. Preliminary plans show that the golf course will be constructed on 170 acres and will be built for approximately six (6) million dollars. Based on these figures, approximately $47,000 would be generated in property taxes per year at the current tax rate of .0665. Additional revenues will also be generated through sales taxes collected on green and cart fees and merchandise and concession items in the Club House. Based on revenue of one (1) million, the combined sales taxes collected for the general fund, 4A and 4B would be $20,000 annually. The golf course will also use a large amount of water. Specific details regarding amounts of water are not known at this time. The golf course will open as a privately operated facility. The city has no financial obligations. Public Hearing Item No 8 Page 2 Other Consideration Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust boundaries. Wylie will also be required when the annexations are considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed areas and use it as directed in said statute. Board/Commission Recommendation N/A Staff Rocommendation Staff recommends the annexation of the property. Attachments Exhibit "B" from the Boundary Agreement Existing City Limits Boundaries Map Proposed City Limits Boundaries Map Ordinance Service Plan -nri (Al) Prepared by Rev' ed by Fina ce City Manager Approval Public Hearing Item No 8 Page 3 PBS&JOJ:\JOB\9513100\LG\ANNEX4.LGL LEGAL DESCRIPTION • 3.21 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY, Abstract No. 660, in the City of Sachse, Collin County, Texas, and being part of the 195.939 acre tract of land described in deed to Belco Equities, Inc., recorded in Collin County Clerk's File No. 95-0003093 of the Land Records of Dallas County,Texas, and being more particularly described as follows: COMMENCING at a point for the northeast corner of the beforementioned 195.939 acre tract; THENCE with the north line of the said 195.939 acre tract,the following courses and distances to wit: North 88°05'01" West, a distance of 298.34 feet to a point for corner; North 87°35'01" West, a distance of 353.01 feet to a point for corner; North 88°20'47" West, a distance of 46.94 feet to a point for corner; North 87°15'05" West, a distance of 249.58 feet to a point for corner; North 87°20'40" West, a distance of 618.74 feet to the POINT OF BEGINNING and the northwest corner of the said City of Wylie City Limit Ordinance 85-26; THENCE leaving the north line of the said 195.939 acre tract, South 02°32'02" West, a distance of 760.36 feet to a point for corner in the west city limit line of said Ordinance 85-26; THENCE leaving the said west city limit line, the following courses and distances to wit: North 15°42'43" West, a distance of 125.34 feet to a point for corner; North 59°06'45" West, a distance of 25.83 feet to a point for the beginning of a circular curve to the left, having a central angle of 110°37'36", a radius of 50.00 feet and a chord bearing and distance of North 24°25'33" West, 82.23 feet; Northwesterly with said curve, an arc distance of 96.54 feet to a point for corner; North 79°44'21" West, a distance of 37.64 feet to a point for the beginning of a tangent curve to the right, having a central angle of 69°22'24", a radius of 50.00 feet and a chord bearing and distance of North 45°03'09" West, 56.91 feet; Northwesterly with said curve, an arc distance of 60.54 feet to a point for corner; North 10°21'57" West, a distance of 13.15 feet to a point for corner; North 28°42'08" West, a distance of 111.56 feet to a point for corner; North 53°58'21" West, a distance of 69.84 feet to a point for corner; North 18°53'10" East, a distance of 206.21 feet to a point for corner; North 04°00'53" East, a distance of 162.04 feet to a point for corner in the north line of the said 195.939 acre tract and the south line of the 4.95 acre tract of land described in deed to All East, Inc., recorded in Collin County Clerk's File No. 92-0081176 of the Land Records of Collin County, Texas; THENCE with the north line of the said 195.939 acre tract and the south line of the said 4.95 acre tract and the south line of the 7.062 acre tract of land described in deed to Troy Miller, recorded in Volume 1719, Page 301 of the Land Records of Collin County,Texas, South 88°51'27" East,a distance of 235.42 feet to the POINT OF BEGINNING and containing 3.21 acres of land. Bearing system based upon the bearing of North 53°04'39" East between the Texas Department Monuments No. 31 and No. 33 of the horizontal control for the improvements to State Highway No. 78, based on the North Central Zone of Texas State Plane Coordinates. EXHIBIT • I.. • m _ ` • K W Ivww • • •on P.1a i FALLL • • so u••••=n LJLLI. 1113 IC • w • OW 11a10 Y Gel. A1LITr.r1 ie MO. MO Lani 1dl•r 'yA. lJ1ALL POINT O►CONVINCING • • P - M•✓LIt— lA. 1 Ifra/✓Y r1a.,. •_ ltl M' rr eorw/ rr1•Vrf/ / TRACT III• Iaa„• lrlf / •1I MOW If1rV1 ALl•1• .9 21 ACRES POINT CT CI NING •"':'. MOW • LEGAL.011501IPTEN win" 321 AGES ales•W1✓1•r Y of ow a1s•r•••in VOW,.yawn a Whit Ow et Wow, Wn Conn I�a•Wr 1/ lawn rl rWa•l✓We ofto•Inn✓RUN•rmWW i ar i•Yls~Iona.Li.now.r 611•1 WWI rfnvt /iW • Ib1.Ili In it A10O0✓W taw Wow.✓SWIM Win.1••w•W Woe•✓•Snlauri oar NO W•no. RRR • mFYta•A•Pal Ir W atwa•.�II W 1••a wlW1W le w real 1Lw G. wr < 1S0 AGCS 0�wW W•mow 1W✓W W W w f•Q W i1LYl will tl•111•Io r WC OQLO COMES.PC. r.v ay y� rn.•awe 1 11 Wan a.•l•�am: I•aIw WOG.*SLUM,LP. a✓7h DJf Cll./S.0.1. OIa I".••y 8wr w�.�•. .✓I A�L7av Wot.:••poW W wwr LA.CtI. Wok o•nr••ra•*Woos✓•A Volsome. • w•••w. OII OW ran•Seas✓••Ja On VI OW MOO If IM W. W 111a•W •• i raw SO MOt w wrra — CliLIEU • w aFM cur✓who C LIEU I-•r woo II. *win VWa 1•0 el IOW WI r se OWL 1•i1!•11w NIG•imago✓MAI Ill W a lira .lfQ•r• M arm. Oww loot r lo lWt IW O✓w 0•am MA) WM WW1 ow soldi owl,gni WO IVO OW WNW.wawa dot•WWW•Ss We 1•rw W1••l Wm.• W�eow,✓pY Pv 1r••r••11M• uriw y 'y IwFI • ioward rawly~it•�11.•1�.✓�i'i ra.a•w.I rL• �r.w✓1 w li�1a'~r I Il W •r••w•R IIA.w.✓MOO Owe w•P.OW w••. Wow r'Ml1'Saar•anon✓YAW•.•l Y•I••l I••M/Wow.✓•War•w•W W r,W1.IWYS �wN1 WIN✓101114..•I••.a✓MIS Ina me ins anr••al•Y•••✓Iww ALIT WO, I•I Io i l ■lM 01 a•I W O N.SOW W•t a•WOO Af Own I :+soar WANT wan•✓rw•rib no••wu•rwwl 140 ACK1 I wry,.1•4. •�••••w M r.•N r••Ma•r 0 S. O -00 1•IC. Form✓9'W•wt••ows✓on •raw. WOO GCS./a1-ODD.1W1 •1y.we.�•MV0••9wI.4.,•W: 1✓••••••M vs.sw.Ylwl;I.-- �•Y•11 1.11tr►`•. •••• MI L IGGT. I Cwl•I W 1•.lMa011la✓W WwLu�ram✓WIY•W i•lF lwf MN r�•~i•1'�'i•d*I 1✓•I••• •1I••II WO On 1.lIe.Now Iorw•dont Ws 4 WL'Il1►ww•1�o]1'�1 M M• a,LII ✓WON Wq 1•r1••••IOW IT Irk•I1Yr✓MILA liw la W r A✓IMa•O.S ••WW AM • I ` for fors r••or W•!rw✓wow W W 1r.awl lw•W W l •I1•W11•l I••IWa r r w W a! 1 f•Islal.l a•WN Yr W YIw1w0 W Sawa 111f1.�la.7S•rW w W 11•'r O1lWl A/•✓lr • W m ril 6.lrww. I I 10 AG \F-1 1)1Oh PAfIL02011 1101.aa1 PG.1119 L1LC.GT. • DISANNEXArfION EXHIBIT DELCO TRACT RICHIARD NEWMAN SURVEY, MIST. NO. 660 41111 G. COLLIN COUNTY, TEXAS L..L 111O14501 10L 742 PG N OJLGC.T. • M OST. BUCKLEY. 00101a I £rruCaNr, W•- 1..Ian 5CHUN k 11 RMGAN INC. ma pO006 INC.M, I011R0o0461201110012INICSIG. 1.•.w•I J.•Maas• �•>L••T1r .Ia InAfrlool ciao lOT7t lu MOB f•a CLrtNL SR IN awl k+rn••W.•.7•dN aw LOS•AGMI L fJI00ela SOON 0•LLA7.TA010 am er a••I✓■ O.II.• Iowa Del MU a.0.1ae OM q1-MIS • WO Saw-ll.• lea a.I U111.a• 1•f r ••f • r,,L t•-Ioo. NORTH Attachment B Existing City Limit Boundaries - Wylie/Sachse • ---if / rlY7'' ;:i.:::. .. ♦♦�tMuniin n IIIIIr�� \ . a, • •-•-•""- Olive simminuump 11Al 1111111.1: i �� i� ,� —� e el 101 f - fi •♦ % \IIIIII.►pp = .i mum run i ia. ; ��t !y V Al. �+ � �i� ��i I♦♦♦ o1 \IIIU/�11111l1lQII►� _ -;� ��1♦♦♦♦ ♦��,��\/III/71111111111111/ t �� - 1 . #:#�♦♦♦�♦♦s/ *\t11� �111111111 A � I0I.I III �.��0 o4///��I �UIICOOS&, CI , •4- 40`• ��I�I•��I/�///I1/1111 - d i �a 10��r--"[I -I,L . IIII 00 ill ak � I U/111 • ? ( ,, L Z0441I $Zi %it . .,. . A 0,- 1,1_1.1.1::::::,,,.. i 10 1 : 11:111 n fiCollin li_ --t h -1T I .) : ._... y `T:� �' •.r /7:), , 0f ( I ( , ,. - ' De-J 4-..‘ Qi i / .. -zrillik, Sacbu Rod Attachment C Proposed City Limit Boundaries - Wylie/Sachse X , ,4 I 47, % v _ . ., ruaril.,"wit---.....! %Hu" ,-,1'.* •- r �iti{iiti,"...�i�I�� 0 1 j;i I 1 v`III t. 1..VB, - . -„ 0101' irk%ma LI.:- �A � ` �� fi*♦♦ t�i .t�W1 �� II l�i l l n k Z\52n I �i��♦ ,♦t♦ii�tllls ,uwn» �� •• � .� ' A .. �► .Li ie___„,‘ c ,I: am 1 .4" I�i•i�i ,1tot VIO�Iiv4/Utl Hooper Rd. !I r 0 Aro— . FI 111 in �a ( c) ►oW N =7,4 Q � � ♦ 4i? s y1 s •a11 1-1tw -� O - 01 -• /ii----x_____,F-ir- AiLirc.::„....„ ur'ir) .e. . . s, A :, UP S .... ... -11-------1- 7 ) t 7.1.- rt ownrs ( iS--M / flit°\AL* 014 le )5 ,,,* ir • - :: _ii:j.id° * C-4,. ,,,p.,b J . o n • -- , �D Hu : -i i QE0 =___2 . .. ---?/- --, , I CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 3.21 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE RICHARD NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS AND BEING PART OF THE 195.939 ACRE TRACT OF LAND DESCRIBED IN DEED TO BELCO EQUITIES, INC., RECORDED IN COLLIN COUNTY CLERK'S FILE NO. 95-0003093 OF THE LAND RECORDS OF DALLAS COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and ORDINANCE ANNEXING 3.21 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 1 WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: ORDINANCE ANNEXING 3.21 ACRES,CITY OF WYLIE,COLLIN COUNTY, TEXAS-Page 2 3.21 acre tract of land, more or less, situated in the Richard Newman Survey, Abstract No. 660, Collin County, Texas, being part of the 195.939 acre tract of land described in Deed to Belco Equities, Inc., recorded in Collin County Clerk's file no. 95-0003093 of the Land Records of Dallas County, Texas. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal ORDINANCE ANNEXING 3.21 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 3 provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1997. JIM SWARTZ, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: SUSAN SHULER City Secretary DATE OF PUBLICATION: , Wylie News ORDINANCE ANNEXING 3.21 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 4 { CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: ACRES SURVEY, ABSTRACT &COUNTY: Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas, at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services,within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City of Wylie,Texas, extends police service to any other area of the municipality, will be provided within sixty (60)days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police • services consistent with the characteristics of topography, land utilization and population density within two(2)years from the effective date of the annexation.ordinance, or upon commencement of development within the area, whichever occurs later. • 3. Upon ultimate development of the areb, the same IeVel of police services will be provided to this area as are furnished throughout the City. B. . FIRE SERVICES 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City of Wylie,Texas,extends fire service to any other area of the municipal'rly,will be provided to this area within sixty(60) days of the effective date of the . annexation ordinance. Page 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization - and population density within the area as determined by the City Council within two (2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. • c: ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1 . Enforcement of the ails environmental health ordinances and regulations, including but not limited to,weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to • ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The Citys zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective dale of the annexation • ordinance. 4, . All Inspection services furnished by the City of Wylie, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. • Page 2 D. PLANNING AND ZONING SERVICES • The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter_ encompass this property,and it shall be entitled to consideration for zoning in accordance with the Citys Comprehensive Zoning Ordinance and'Comprehensive Plan. • E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the • effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Wylie: This property will be Included in all plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION • 1 . Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60)days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of Increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located In the annexed area at the same price as presently provided for any business customer within the City of Wylie, upon request. 2., As development and construction commence In this property and population density increases to the property level, solid waste collection shall be provided to this property In accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid wast collection shall begin within sixty (60) days of the effective date of the annexation ordinance. • Page 3 • • • G. STREETS• 1 . The City of Wylie's existing policies with regard to strcct maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty(60)- days of the effective date of the annexation ordinance; Unless a strcct within this property has been constructed or is improved to the Citys standards and specifications, that strcct will not be maintained bythe City of Wylie. 2. As development, improvement or construction of strccts to City standards commences within this property, the policies of the City of Wylie with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to strccts within this property which have been accepted by the City of Wylie as is provided to City strccts throughout the City. • 4. Strect lighting installed on strccts improved to City standards shall be maintained by either TU Electric or Collin County Co-Op in accordance with current City policies. H. WATER SERVICES 1 . Connection to existing City water mains for water service for domestic, commercial and Industrial use within this property will be provided in accordance with • existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2)years from the effective date of the annexation ordinance and substantially completed with four and one-half (41/2)years after that date. 0 • 3. Water mains Installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners In accordance with existing policies applicable throughout the City. • Page 4 • I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage.service in this area will be provided in accordance with existing City policies. Upon connection, _ sanitary sewage service will be provided at rates established by city ordinances for such service throughout the City, 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements,and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60)days of the effective date of the annexation ordinance. . ' 3, As development and construction commence In this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half (41/2)years after that date, J. MISCELLANEOUS .1 . Any facility or building located within the annexed area and utilized by the City of Wylie in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. • 2. General municipal administration and administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. • Page 5 WYLI E CITY COUNCIL AGENDA COMMUNICATION Public Hearing ITEM NO 9 January 13, 1998 Issue ' Hold a public hearing for the purpose of the receiving input regarding a grant application to the Texas Parks and Wildlife Department. Background As a part of the planning process for the development of the Central Park/Athletic Field Complex, staff has worked with the consulting firm of Dunkin Sims Stoffels, Inc. toward the submittal of the grant requests to the State which would augment the 4B Funds being utilized for the Park. This process has also included the preparation of the Parks and Open Space Master Plan, the preparation of the preliminary Concept Plan for Central Park, the approval of a Joint Resolution establishing a working relationship with the WISD and the approval of a Resolution establishing a Joint Use Agreement with the WISD. In January, 1996, the City Council held a public hearing and approved a resolution authorizing the submittal of an application for a grant from the Texas Parks and Wildlife Department. The City was unsuccessful in obtaining the grant and subsequently resubmitted the application two additional times. According to the Parks and Wildlife Department's rules, Wylie was not able to resubmit the grant request a fourth time and is now required to begin the process anew. Beginning in June of this year, the Park & Recreation Advisory Board began discussion of the options available for proceeding with construction in the park in the event that the most recent grant request was not approved. Several options and issues were considered, carefully weighing the impact on future grant applications. The Board evaluated the scoring criteria for the grant process and selected elements of the project to construct which would not jeopardize any future grant request and which would allow the City to resubmit a proposal in order to receive as high a score as possible. Any work that the City proceeds with in the Park will not be reimbursed by the State through future grant funding. During the September 22 Park Board meeting, the Board voted to proceed with Phase I of the construction of the park which contains the following elements: the construction of two unlighted baseball/softball fields with irrigation, the development of approximately 20 acres of irrigated land for soccer fields, and the construction of an access road and parking lot. Public Hearing Item No 9 Page 1 Background -continued Meetings with the Wylie Independent School District (WISD) have identified opportunities for the City and the WISD to share in the cost of the construction of concrete parking lots that will serve the entire complex. Not only does the joint construction of the parking lot have the direct benefit on the funds allocated for the park, but the contributions on the part of the WISD should result in additional points awarded to the grant request. Staff has evaluated the original grant application and has had discussion with the staff of the Texas Parks &Wildlife Department. The State has indicated that in order to obtain funding, the total points received must increase from the current total of 60 to at least 80 points. With that in mind, the grant has been amended to reflect elements that have the potential for a high number of points. Specifically, elements that are proposed to be included are: • Project provides new and different park and recreation opportunity in the sponsor's jurisdiction or intended service area (potential of 15-20 points, none previously received). The proposed Hike & Bike Trail is a recreational opportunity which has not previously been available in Wylie. The Trail was also in the original grant request and was indicated as a new opportunity, however, no points were awarded. The narrative portion of the grant application places an increased emphasis on this element. • Other educational/governmental contributions - The extent to which the project involves cooperation between the sponsor and other governmental or educational institutions to provide park and recreation opportunities at the project site (potential of 20 points, 5 previously received). The level of cooperation between the City and the School district in terms of the design of the park and the willingness of the District to create a permanent, non-revocable lease for park dedication resulted in the 5 points awarded previously. New to this submittal is the financial commitment on the part of the District for the construction of the parking lot. • Private donations - The extent to which the project involves donations of land, cash, labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project (potential of 15 points on a % basis, none previously received). A portion of the proposed Hike & Bike Trail will cross a 150' Texas Utility ROW. The City will enter into an agreement with TU which will grant the permission for the Trail to be built within their ROW. • Acquisition, preservation and conservation - Project provides for the acquisition and preservation/conservation of a federal, state, regional, or local government identified natural area which is recognized in an acceptable, published planning document for having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife (potential of 40 points, none previously received). There is a portion of the WISD property which fronts FM - Public Hearing Item No 9 Page 2 Background -continued • - 544 and which includes a portion of Muddy Creek and an area to the east which lies within the floodplain. The School District suggested the designation of this area as a "natural area". The Wylie Parks & Open Space Master Plan, the Dallas County Trail Plan and the Collin County Open Space Plan all indicate the area along Muddy Creek as a nature area. The inclusion of this portion of the property has the potential for earning many points, yet will not require any infrastructure improvements. Simple maintenance will be all that is necessary. • Greenbelts- Project provides a greenbelt linkage to other parks and recreation areas, neighborhood, or public facilities (potential of 5 points, none previously received). The portion of the Hike & Bike Trail as it follows Muddy Creek is a part of an overall trail system identified in the Wylie Parks & Open Space Master Plan, the Dallas County Trail Plan and the Collin County Open Space Plan. The City will be participating with Dallas County on the southern portion of the Trail and another segment of the Trail will be developed as a part of the Woodbridge Development. The portion within the Park will ultimately link to the system. The remainder of the ballfields, the ballfield lighting, additional soccer fields, picnic tables, and a handicap accessible playground area will remain within the grant request. Financial Considerations On January 9, 1996, the Parks and Recreation Facilities Development Corporation authorized the issuance of$1.7 million in bonds for the purpose of funding the development of the first phase of Central Park as well as the expansion of the Smith Public Library and the renovation of the new Community Center. $1,000,000 of that has been designated for the Park, a portion of which has been earmarked to serve as matching funds for future State Parks and Wildlife Commission grant submittal. The City Council approved a Professional Services Agreement with the consultant, Dunkin Sims Stoffels, Inc. in October, 1996. The fees for the professional services, approximately $93,000, are based on the total construction amount and include the preparation of the construction documents and specifications, overseeing the bidding process, and construction management. While the Bond proceeds, plus interest, are reserved for the construction of the new park, the 4B sales tax revenues continue to accrue. The sales tax revenue provides the funding for the Community Services Facilities CIP which was approved by the Council as a part of the FY98 Budget. Public Hearing Item No 9 Page 3 Other Gonsid- atons Approximately two years ago, the City of Wylie and the Wylie Independent School District (WISD) adopted a joint Resolution, Action Plan, and a joint Use Agreement for the development of the new park. These agreements acknowledge the fact that a cooperative effort between the two entities will provide higher quality services at lower costs to the taxpayer. To that end, the Joint Use Agreement states: In the case of joint development of facilities, such as parking lots, each entity will pay its own proportionate share of the costs consistent with applicable State law and local policies. The respective shares will be mutually agreed upon in advance by the respective governing bodies, based on the proportionate benefit to each entity. The public hearing satisfies requirements of the Texas Parks and Wildlife Department regarding the grant submittal process. Article 2 Section 1 D Powers of the City Council has the authority to cooperate with the government of the United States or any agency thereof, the government of Texas, or any agency thereof for any lawful purpose for the advancement of the interests, safety, convenience and welfare of its inhabitants. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Proposed Park Master Plan r (- 1 ,, ) , ,, ii .t kuz_, 66,1 X,t Prepare y Fina e Dept Appr val City Manager Approval Public Hearing Item No 9 Page 4 FUTURE CLASSROOM ADDITION cirP011111 _ .4. isr,,<0 ...O. .... --"Thii : , . 0 e r, \iiet EXISTING �, HIGH .41111V. <DAlt _ SCHOOL \' CAREER � , r AND , �' �� '� TECHNOLOGYW‘\ '';;; , <'' 1�- ATHLETIC BUILDING �" .---- FIELDS REVISED _ PROPOSED PARKING p� I HIKE & LOT �` m- 71 r_____)\ , / .11 mr 01, BIKE TRAIL TENNIS \ - SIjCOURTS .,,,,,,� �� _ ATHLETIC ill STADIUM '" i' : ,a, _fc1 ``''' • ii iii M MI aRI. _ G D D I 1 I I G' I 11100, r, PI SOFTBALL COMPLEX El a Ir, l I ,--; I C7- 1 I 1 `� I `''t"' •- RESTROOM/ 0 0 �o -e- O - _ _ CONCESSION BUILDING I ; I I -.1; Ir i SOCCER FIELDS MASTER PLAN o o r _e CENTRALPARK \\ . . i UXRIN SYS SibFFBL4, INC. Wylie, Texas B «:I � wMS am� WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 10 January 13, 1998 Issue Consider and act upon the approval of a resolution authorizing the application for a grant from the Texas Parks and Wildlife Department for the development of the Wylie Central Park/Athletic Field Complex. Background In January, 1996, the City Council held a similar public hearing and approved a resolution authorizing the submittal of an application for a grant from the Texas Parks and Wildlife Department. The City was unsuccessful in obtaining the grant and subsequently resubmitted the application two additional times. According to the Parks and Wildlife Department's rules, Wylie was not able to resubmit the grant request a fourth time and is now required to begin the process anew. Financial Considerations N/A Other Considerations The Resolution being considered by the Council is a requirement of the State and must be included when applying for the grant. The Resolution certifies that the City is eligible to receive assistance under the Texas Recreation and Parks Account Grant Program, designates the City Manager to act on behalf of the City, certifies that the City has matching funding available and dedicates the park site for public park and recreation purposes in perpetuity. Within the City Charter, Article 2, Powers of the City, Section 1.C. grants the City the authority to cooperate with the government of the State of Texas for any lawful purpose for the advancement of the interests, safety, convenience and welfare of its inhabitants. Board/Commission Recommendation N/A Action Agenda Item No 10 Page 1 Staff Recommendation N/A Attachment Resolution coin, -in Le&t/v4 Prepar by R ewed by Fin nce City Manager Approval Action Agenda Item No 10 Page 2 RESOLUTION NO _0$'"z A RESOLUTION OF THE CITY OF WYLIE,TEXAS HEREINAFTER REFERRED TO AS"APPLICANT",DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR,ACTING FOR,AND ON BEHALF OF THE"APPLICANT" IN DEALING WITH THE TEXAS PARKS&WILDLIFE DEPARTMENT,HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSES OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE"APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT"MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the"Program" (Section 24 of the Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the"Applicant"is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department"concerning the"Program"; NOW, THEREFORE BE IT RESOLVED BY THE"APPLICANT": SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the"Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the"Applicant"hereby authorizes and directs its City Manager to act for the "Applicant" in dealing with the "Department" for the purposes of the "Program", and Michael Collins is hereby officially designated as the representative in this regard. SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the sit to be known as Central park in the City of Wylie for use as a park site. That Central park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. Introduced, read and passed by the affirmation vote of the "Applicant" on this day of , 1998. Michael Collins, City Manager James D. Swartz, Mayor Susan Shuler, City Secretary Issue WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 11 January 13, 1998 Issue Consider and act upon approval of a resolution amending the current investment policy as required by changes in the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A - Authorized Investments for Governmental Entities. Background The Public Funds Investment Act (PFIA) was amended in 1997 as it has been in every legislative session since its initial adoption in 1987. The Act now has several requirements which must be met by local governments. Attached is the final version of House Bill 2799 which amended the PFIA. Also attached is a Local Government Compliance Checklist that was provided by Patterson & Associates at a recent investment seminar sponsored by the Texas Municipal League. This condensed compliance checklist outlines those requirements required by the State. Staff has reviewed this checklist to see where the current policy is in compliance and where modifications or additions to the investment policy is necessary. The City's current Investment Policy Resolution was amended last on October 29, 1996 and that agenda item is included in the attachments. This resolution is intended to amend the current investment policy to bring it into compliance with the latest changes in State statutes. The legislature made many changes in requirements for local governments in the PFIA. Some of the changes were new in concept and others could be considered to be fine tuning of the previous statue. The more important changes that the City Council should be aware of are listed below under various sections of the PFIA. The underlining of words indicates where changes or additions have been made to the Act. Attached is the final version of House Bill 2799 which delineates the amendments to PFIA. Sec. 2256.005 Investment Policies; Investment Strategies; Investment Officer. Sec. 2256.005 (b) (4) (A). The investment policy must include a list of the types of authorized investments in which the City's funds may be invested. Staff Note - Some of the investments listed in the PFIA would not be appropriate for the City, therefore a new section will be added to the investment policy listing investments unauthorized by the City. Sec. 2256.005 (d). The governing body shall a adopt a separate written investment strategy for each of the funds or group of funds under its control. Action Agenda Item No 11 Page 1 Background-continued Sec. 2256.005 -continued Sec. 2256.005 (e). The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt_a_wr_itten instrument* rule, order, ordinance, or_r_esolutioristating thatithas_reviewed the investment policy and_iavestment strategies and that_the_written_instrument so opted_shall_record any changes made to eitheLtheinvestmentpolcy_or_investment strategies. Sec. 2256.008 Investment Training; Local Governments. Sec. 2256.008 (a) (2). The chief financial officer and the investment officer shall attend an investment training session not_less than once in a twa-year_period_and receive not less._than 'labours of instruotionselating to_investmentsesponsibilitieasander this subchapterfrom an independent source approved by the goveming body ofthe__local_government or_a designated investment committee advising_theinvestmento_ffcer as provided in the investmentpolicy of the local government Sec. 2256.025. Selection of Authorized Brokers. The governing body__of_an_entity_subject_to__this_subchapter or the designated_investment committee of_the entity_shall,_aileast_annually,_revieW,sevise, and adopt a__list of qualified brokers that ar_e authorizesito_engage_in_investmenttransa_ctions_with__the entity. Sec. 2256.026. Statutory Compliance. ALinvestments made by entities must comply with this subchapter and all federal, state, and local statues, rules,_or_regualtions. Other Considerations Annual review of investment policies and adoption of any changes to the City's investment policy is mandated by the Public Funds Investment Act, Chapter 2256.005 of the Government Code. Financial Considerations None Staff Recommendations The staff recommends the City Council adopt the amended resolution updating the investment policy. Action Agenda Item No 11 Page 2 Attachments Resolution Amending the Investment Policy - January 13, 1998 Attachment A - Investment Policy Local Government Compliance Checklist Copy of House Bill 2799 as Passed by House and Senate Resolution Amending the Investment Policy - October 29, 1996 r rit,t1/4k_ Pre ared by Re wed by Fina ce City Manager Approval Action Agenda Item No 11 Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AMENDING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENTS STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKER/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the 1997 Legislature of the State of Texas enacted House Bill 2799 amending the Public Funds Investment Act; and WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution; and WHEREAS, the Public Funds Investment Act, as amended, requires the chief financial officer, and the investment officers of the city to attend investment training; and WHEREAS, the City of Wylie approves of the investment training course sponsored by the Texas Municipal League, the Government Finance Officer's Association of Texas, the Government Treasurer's Organization of Texas, and the North Central Texas Council of Government; and WHEREAS, the chief financial officer and the investment officers of the city have attended an investment training course sponsored by Texas Municipal League; and as required by the Public Funds Act; and WHEREAS, the attached investment policy and any incorporated revisions complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A - Authorized Investments for Governmental Entities and Subchapter B - Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That the City of Wylie has complied with the requirements of the Public Funds Investment Act and the investment Policy, as amended, attached hereto as "Exhibit A" is hereby adopted as the investment policy of the City effective January 13, 1998. PASSED, ADOPTED AND APPROVED by the City Council of the City of Wylie this the 13th day of January, 1998. APPROVED: Jim Swartz, Mayor Attest: Susan Shuler, City Secretary City of Wylie, Texas INVESTMENT POLICY Adopted May 1995 Draft Revision January 9, 1998 CITY OF WYLIE, TEXAS INVESTMENT POLICY Table of Contents I. SCOPE II. OBJECTIVES Safety Liquidity Diversification Yield III. INVESTMENT COMMITTEE IV. DELEGATION OF AUTHORITY V. INVESTMENT STRATEGY Operating Funds Debt Service Funds Debt Service Reserve Funds Special Projects and Special Purpose Funds VI. STANDARD OF CARE VII. INVESTMENTS AUTHORIZED BY STATE (See Appendix A for Summary List) VIII. INVESTMENTS NOT AUTHORIZED BY THE CITY (See Appendix A for Summary List) IX. OTHER INVESTMENT GUIDELINES X. DIVERSIFICATION AND MATURITY LIMITS XI. SELECTION OF BROKER/DEALERS XII. SELECTION OF DEPOSITORIES XIII. SAFEKEEPING AND CUSTODY XIV. RECORD KEEPING AND REPORTING XV. ETHICS AND CONFLICTS OF INTEREST XVI. POLICY REVISIONS APPENDIX A CITY OF WYLIE, TEXAS INVESTMENT POLICY I. SCOPE Chapter 2256 of Title 10 of the Local Government Code (herein after referred to as the "Public Funds Investment Act") prescribes that each city is to adopt written rules governing its investment practices and to define the authority of the investment officer. The following Investment Policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal management of the City's funds. This Policy shall not apply to the selection, retention or other issues concerning the depositories of the City's funds in demand and time deposits as provided under Chapter 105 of the Local Government Code. This Policy shall apply to the investment and management of all funds of the City under its control, other than those expressly excluded herein or by applicable law or valid agreement. This Policy shall not supersede the restrictions on investment and use applicable to any specific fund and, in the event of any conflict between this Policy and the requirements of any fund subject hereto, the specific requirement applicable to such fund shall be followed as well as all other provisions of this Policy other than those in conflict. The Employees Deferred Compensation Agency Fund is excluded from coverage under this Policy. In order to make effective use of the City's resources, all monies shall be pooled into one investment bank account, except for those monies required to be accounted for in other bank accounts as stipulated by applicable laws, bond covenants or contracts. The investment bank account will be maintained by pooled fund group for purposes of implementing pooled fund strategies and reporting. The income derived from this pooled investment account shall be distributed by fund in accordance with the City's internal procedures. City of Wylie Investment Policy (As Revised January 9,1998) Page 1 II. OBJECTIVES The City's principal investment objectives, in order of priority, are listed below. Safety The primary objective of the City's investment activity is the preservation of principal (capital) in the overall portfolio. Each investment transaction shall seek first to ensure that capital losses are avoided, whether the loss occurs from the default of a security or from erosion of market value. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, and by using state or local investment pools. Diversification The governing body recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's return, provided that adequate diversification has been implemented. Therefore, assets held in the common investment portfolio shall be diversified to eliminate the risk of loss resulting from one concentration of assets in a specific maturity, a specific issuer or a specific class of securities. Yield The investment portfolio goal (benchmark), against which portfolio yield is compared, will be established from time to time by the Finance Director. Recommendations by the Investment Committee will be considered when the performance measure is being established. Efforts to seek returns higher than the above goal must be consistent with risk limitations identified in this policy and prudent investment principles. City of Wylie Investment Policy (As Revised January 9,1998) Page 2 III. INVESTMENT COMMITTEE An investment committee consisting of the City Manager, Director of Finance, designated investment officer, and an outside ex-officio member, will meet on a quarterly basis. The Investment Committee shall be authorized to invite advisors to the meetings as needed including, but not limited to, the city attorney and other outside advisors. The investment officer will present a brief report of pertinent investment activities to the Investment Committee. investment prograntresuit-s-7 The primary objectives of the committee will be to: (1) make recommendations to council regarding investment strategies as proposed by the Director, (2) approve a list of authorized brokers, dealers, banks, and pools as recommended by the Director, (3) recommend to council a list of authorized training sources for the state mandated investment training, (4) monitor program results. The committee shall include in its deliberations such topics as: performance reports, economic outlook, portfolio diversifications, maturity structure, potential risk to the city's funds, a-uilioriLvd-bioktis and dealers, and the target rate of return on the investment portfolio. The Investment Committee shall provide for minutes of it's meetings. IV. DELEGATION OF AUTHORITY Management responsibility for the investment program is delegated by the City Council to the City Manager who will designate the Finance Director as Investment Officer (hereinafter referred to as the "Director"). The Director's authority will at all times be limited by conformance with all Federal regulations, State of Texas statutes and other legal requirements City of Wylie Investment Policy (As Revised January 9,1998) Page 3 including the City Charter and City Ordinances, including this Policy. The Director shall develop and maintain written administrative procedures for the operation of the investment program consistent with this Policy. The controls shall be designed to prevent, identify and control losses of public funds arising from deviation from this Policy, fraud, employee error, misrepresentation by third parties, or imprudent actions by employees and officers of the City. With written approval from the City Manager, the Director may delegate any phase of the investment management program to members of the City staff. Such approval shall state specifically the functions such person is authorized to perform or that the person is authorized to perform all activities of the Director under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for himself and each of his designees in amounts determined adequate by the Director(which shall not be less than five percent of the amounts subject to this Policy) for each fiscal year as shown by the approved budget. No person may engage in an investment transaction except as provided under the terms of this Policy and the internal procedures established by the Director. A current list of persons authorized to transact investment business and wire funds on behalf of the City shall be maintained by the Director. Training is required,for the Director and members of the Director's staff(investment officers) must attend a training session on responsibilities within 12 months of taking office. One-time comprehensive investment training (ie: Investment and Cash Management courses by GFOA) will be required for each investment officer. The Director and investment officers authorized to conduct transactions for the City pursuant to this policy shall attend at least one investment training session for a total of ten hours of training in each two year period. Staff is also required to attend at least one professional association meeting annually. The City of Wylie will encourage its investment officers to obtain professional credentials. Mandated training must include education in investment contracts, security risks, market risks, and compliance with Chapter 2256, Public Funds Investment of the Government Code. Training must be from an independent source. The independent training sources adopted by the City of Wylie are Texas Municipal League (T IvIL), Texas City Management Association City of Wylie Investment Policy Page 4 (As Revised January 9,1998) (TCMA), Council of Government (COG), Government Treasurer's Organization of Texas (GTOT), Government Finance Officers'Association of Texas (GFOA T). {ol s J ` ), t L I I 7 7 7 in-A I the discretion of either the City Manager or the Director and in any event upon the termination or reassignment of any member of the Director's staff authorized to conduct transactions for the City pursuant to this Policy, the authority of such person shall be revoked and such revocation of authority shall be immediately communicated by the Director orally and in writing to each and every depository, broker/dealer, investment advisor, custodian and other agency or entity with whom the City has any existing or continuing relationship in the management of its investments. V. INVESTMENT STRATEGY Investment strategies must be reviewed annually by the City Council and changes to strategies must be in written form from the City Council. Strategies must address suitability of the investment to the City of Wylie, preservation and safety of principal, marketability of the securities, liquidity, diversification and yield characteristics-of the-fund-groups-representedin-the-portfolies-:- The City of Wylie maintains portfolios by pooled fund group. The pooled groups utilize,four specific investment strategies designed to address the unique characteristics of the pooled funds represented in the portfolio. These pooled fund groups include Operating Funds, Debt Service Funds, Debt City of Wylie Investment Policy (As Revised January 9,1998) Page 5 Service Reserve Funds, and Special Projects and Special Purpose Funds. Investment strategies for the funds groups are detailed below. OPERATING FUNDS: Investment strategies for operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short to medium term securities which will complement each other in a laddered structure. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity dates of each security. a. Short and Very Liquid Portfolios The primary objective for these funds will be liquidity and reasonable market yield. Funds will be invested in accordance with the investment policy. The authorized securities chosen or poll utilized for this portfolio will be of the highest quality and marketability supporting the City's objectives of safety and liquidity. Securities, when not matched to a specific liability, will be short term and of a liquid nature to provide adequate liquidity for the City. The portfolio shall be diversified to protect against market and credit risk in any one sector. Diversification requirements can be fully met through use of an authorized investment pool. The weighted average maturity on the pooled investment group will be no greater than ninety (90) days. Because the funds are pooled for investment purposes, the portfolio will address the varying needs of all funds in the pooled fund, recognizing liquidity needs as well as the desire to extend slightly for incremental return on core founds in the pool b. Slightly Longer and More Aggressive Approach The strategy of the pool is to support the objectives of the investment policy on these_finds for safety and assure that cash flows are matched with adequate liquidity while obtaining market yields. This will be accomplished by purchasing quality short-term securities liquid securities in a laddered structure or utilizing an investment pool. The dollar weight average maturity will be 180 City of Wylie Investment Policy (As Revised January 9,1998) Page 6 days or less to accomplish this goal. The portfolio shall be diversified to protect against market and credit risk in any one sector. Diversification requirements can be fully met through use of an authorized investment pool. C. Long Term Por folio with Substantial Core Funds Investment strategies for operating finds and commingled pools containing operating funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The objectives of the funds will include attainment of the highest market yields. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing quality, short-term and intermediate securities which will complement each other in a laddered or barbell maturity structure. These structures will be diversified as to market sector and maturity to protect the,funds from market and credit risk. The dollar weighted average maturity of 365 days or less will he calculated using the stated final maturity dates of each security. Operating Funds are: General Fund Utility Fund Community Park Fund 4B Sales Tax Revenue Fund WEDC (Wylie Economic Development Corporation) Fund DEBT SERVICE FUNDS: Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Since this is one of the highest priorities of the City, securities will be chosen with the highest priorities of safety. Securities will be chosen for their maturity dates and not require the highest degree of diversification. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date and shall he chosen secondarily with regard to yield and diversification. City of Wylie Investment Policy Page (As Revised January 9,1998) Debt Service Funds are: General Obligation Debt Service Fund 4B Debt Service Fund DEBT SERVICE RESERVE FUNDS: The investment strategy for the debt service reserve fund shall have as the primary objective the ability to generate a dependable revenue stream from securities with a low degree of volatility. Securities should be of high quality, with short to intermediate term maturities. Investment strategies for debt service reserve funds shall have as their primary objective the ability to generate a safe dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue, securities should be of high quality, with short to intermediate-term maturities. These securities shall be further controlled through the purchase of securities carrying the highest yield available, within the desired maturity and quality range. Debt Service Reserve Funds are: 4B Debt Service Reserve Fund SPECIAL PROJECTS AND SPECIAL PURPOSE FUNDS: The investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity,for the safety of the funds and the completion of the targeted projects. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and marketability of the securities should.funds be needed for unanticipated project outlays. A diversified portfolio structured with laddered maturities to match anticipated cash flows will be used to provide a reasonable market yield in those comparable maturity sectors. The stated final maturity dates of securities held should not exceed the estimated project completion date. Special Projects and Special Purpose Funds are: 4B Capital Projects Fund Street Fund Perimeter Street Fund City of Wylie Investment Policy (As Revised January 9,1998) Page 8 Service Center Fund Utility Construction Fund Impact Fee Fund Fleet Replacement Fund VI. STANDARD OF CARE A. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) diversification; and (4) yield. B. In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the City. C. The Director and his staff shall recognize that the investment activities of the City are a matter of public record. Therefore, all participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. City of Wylie Investment Policy (As Revised January 9,1998) Page 9 VII. INVESTMENTS AS AUTHORIZED BY THE STATE The City of Wylie-is authorizcd to invest in the following types of investments have been authorized for investment by municipalities (see Appendix A) as specified in the Public Funds Investment Act, (Chapter 2256, Sections 9 through 14 and 16, Texas Government Code): A. U. S. Treasuries, Federal Agencies, Instrumentalities (1). Direct obligations of the United States government with a -chase; U.S. , .U.S. , .U.S. . TreastuyStiip (book ti (2). Debentures or discount notes with a maturity not to exceed two and Feder ea (3). Bonds or other interest bearing obligations of which the B. Certificates of Deposit and Share-Certificates • (2) any deposit exceeding FDIC insurance limits shall be fully City of Wylie Investment Policy Page 10 (As Revised January 9.1998) (3) Bids for Certificates of Dcposit may be solicited orally, in C. Repurchase Agreements included in thc calculation. For the purpose of item D of this section thc term "collateral" shall Repurchase Agrecm nt. Cv 1atel ..wmg no eauprrr*hay.,a rnatnrity-n t ten years. D. Mutual Funds A no-load money market mutual fund that is continuously rated as to B. Commercial Paper (1) that has a stated maturity of 270 days or fewer from the datc of its-issuance, and (2) is rated trot less than A-1 or P-1 or an equivalent rating by at least: (a) two nationally recognized credit rating agencies; or (b) one nationally recognized credit rating agei1 y folly or any state. City of Wylie Investment Policy Page 11 (As Revised January 9,1998) F. Investment Pools Investment Pools ratcd AAA or AAA-m or at an equivalent rating by ate ast C. Investments NOT AUTHORIZED by Statc Statute (These investments are popularly rcfcrrcd to as "derivatives") of uwest1in,iir.as sy.,.ificd in the Public I (1) obligations whose payment represents the coupon payments (3) collateralized mortgage obligations that have a stated final (4) collateralized mortgage obligations the interest rate of which A. Obligations of or Guaranteed by Governmental Entities (I) Except as provided by section VII. A (2) the following are authorized investments under the Act: (a) obligations of the United States or its agencies and instrumentalities; (b) direct obligations of this state or its agencies and instrumentalities; (c) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (d) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the fi.ill faith and credit of, this state or the United States or their respective agencies and instrumentalities; and (e) obligations of states, agencies, counties, cities, and other City of Wylie Investment Policy (As Revised January 9,1998) Page 12 political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. (2) The following are not authorized investments under this section: (a) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (b) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; • (c) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (d) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. B. Certificates of Deposit and Share Certificates A certificate of deposit is an authorized investment under this subchapter if the certificate is issued by a state or national bank domiciled in this state, a savings bank emd-toan-asvoriatitm domiciled in this state, or a state or federal credit union domiciled in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described in VII A. (1) including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described in VII A. (2) ; or City of Wylie Investment Policy (As Revised January 9,1998) Page 13 (3) secured in any other manner and amount provided by law for deposits of the investing entity. C. Repurchase Agreements (1) A fislly collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (a) has a defined termination date; (b) is secured by obligations described in VII A.(1)(a); and (c) requires the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (d) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (2) In this section, "repurchase agreement"means a simultaneous agreement to buy, hold for a specified time, and sell back at a,future date obligations described in VII A.(1)(a), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (3) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (4) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term o f the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. D. Banker's Acceptances City of Wylie Investment Policy (As Revised January 9,1998) Page 14 A bankers' acceptance is an authorized investment under this subchapter if the bankers'acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. E. Commercial Paper Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (a) two nationally recognized credit rating agencies; or (b) one nationally recognized credit rating agency and is rlly secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. F. Mutual Funds (1) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (a) is registered with and regulated by the Securities and Exchange Commission; City of Wylie Investment Policy (As Revised January 9,1998) Page 15 (b) provides the investing entity with a prospectus and other information required by the Securities and Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); (c) has a dollar-weighted average stated maturity of 90 days or fewer; and (d) includes in its investment objectives the maintenance of a stable net asset value of$1 for each share. (2) In addition to a no-load money market mutual fund permitted as an authorized investment in VII F. (1), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (a) is registered with the Securities and Exchange Commission; (b) has an average weighted maturity of less than two years; (c) is invested exclusively in obligations approved by this subchapter; (d) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (e) conforms to the requirements set forth in VII H. (2) and (3) relating to the eligibility of investment pools to receive and invest funds of investing entities. (3) An entity is not authorized by this section to: (a) invest in the aggregate more than 80 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in money market mutual funds described in VII F(1) or mutual,funds described in, VII F(2) either separately or collectively; (b) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in VII F. (2); (c) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in VII E (2); or (d) invest its funds or funds under its control, including bond City of Wylie Investment Policy (As Revised January 9,1998) Page 16 proceeds and reserves and other funds held for debt service, in any one mutual fund described in VII F (1) or (2) in an amount that exceeds 10 percent of the total assets of the mutual fund. G. Investment Pools (1) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (2) To be eligible to receive fiends from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (a) the types of investments in which money is allowed to be invested; (b) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (c) the maximum stated maturity date any investment security within the portfolio has; (d) the objectives of the pool; (e) the size of the pool; (f) the names of the members of the advisory board of the pool and the dates their terms expire; (g) the custodian bank that will safekeep the pool's assets; (h) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (I) whether the only source ofpayment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source o f payment; (j) the name and address of the independent auditor of the pool; (k) the requirements to be satisfied for an entity to deposit funds City of Wylie Investment Policy (As Revised January 9,1998) Page 17 in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (l) the performance history of the pool, including yield, average dollar-weighted maturities, and expense ratios. (3) 1 o maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (a) investment transaction confirmations; and (b) a monthly report that contains, at a minimum, the following information: (1) the types and percentage breakdown of securities in which the pool is invested; (2) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (3) the current percentage of the pool's portfolio in investments that have staled maturities of more than one year; (4) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (5) the size of the pool; (6) the number of participants in the pool; (7) the custodian bank that is safekeeping the assets of the pool; (8) a listing of daily transaction activity of the entity participating in the pool; (9) the yield and expense ratio of the pool; (10)the portfolio managers of the pool; and (11)any changes or addenda to the offering circular. (4) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (5) In this section, 'yield"shall be calculated in accordance with regulations governing the registration of open-end management City of Wylie Investment Policy (As Revised January 9,1998) Page 18 investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (6) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market vaule of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. (7) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (a) equally ofparticipants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool,for a public fiends investment pool created under Chapter 791 and managed by a state agency: or (b) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool,for other investment pools. (8) To maintain eligibility to receive funds from and invest funds on belahf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. VIII. INVESTMENTS NOT A UTHORIZED BY THE CITY The investments listed below, while legal investments under the Public Funds Investment Act, are not authorized by the City of Wylie Investment Policy. A more complete definition of the investment is contained in the investment policy section referenced below. A. Obligations of, or Guaranteed by, Governmental Entities including: City of Wylie Investment Policy (As Revised January 9,1998) Page 19 (1) Direct obligations of this state or its agencies (VII A. (I)(b)), (2) Collateralized Mortgage Obligations guaranteed by the United States (VII A. (1)(c)), (3) Other Obligations guaranteed by this state or the United States (VII A. (1)(d)), (4) Obligations of any state or political subdivision rated not less than A (VII A. (1)(e)). B. Reverse Repurchase Agreements (VII C. (2), (3), & (4)). C. Bankers'Acceptances (VII D.). VILIX. OTHER INVESTMENT GUIDELINES The City seeks active management of its portfolio assets. hi the effort of meeting the objectives of this Policy, the City may from time to time sell securities that it owns in order to better position its portfolio assets. Sales of securities prior to maturity shall be documented and approved by the Director before such a transaction is consummated. Sales of securities yielding net proceeds less than 98 percent of the book value of the securities must be approved in advance and in writing by the City Manager. Three examples of situations involving the sale of securities prior to maturity are: (1) swap - to sell an investment to realize a capital gain, (2) to better position selected investments due to a change in market conditions, (3) to react to emergency liquidity demands. Each investment transaction must be based upon competitive quotations received from at least three broker/dealers who have been approved by the City in accordance with Texas law. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery basis (i.e., for securities purchases, monies will not be released by the City's safekeeping bank until securities are City of Wylie Investment Policy (As Revised January 9,1998) Page 20 received at the Federal Reserve Bank for further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner the City will always have possession of either its securities or its monies. IX.X DIVERSIFICATION AND MATURITY LIMITS It is the policy of the City to avoid concentration of assets in a specific maturity, a specific issue, or a specific class of securities, with the exception of U.S. Treasury issues listed in Section VII A.(1)(a). The asset allocation in the portfolio should,however, be flexible depending upon the outlook for the economy and the securities markets. The City will not exceed the following maximum limits as a percentage of the total portfolio for each of the categories listed below: 5 percent in Commercial Paper 20 percent in Money Market Mutual Funds 30 percent in Certificates of Deposit G0 percent in Statc and Local Government Investment Pools 30 percent in Instrumentality securities described in Section VII A. (2) Policy Investment Category Maximum %of Maximum Section Portfolio Maturity i7J.A. Obligations of the United States or its 100% 2 years (1)(a) agencies and instrumentalities. 17I. B. Certificates of Deposit&Share Certificates 30% 18 mon. I 1.. C. Repurchase Agreements (of type 1/11.A.(1)(a)) 100% 180 days NOT Reverse Repurchase Agreements VILE. Commercial Paper 5% 270 days VILF. Mutual Funds 10% ns%a I7LG. Investment Pools 100% n%a City of Wylie Investment Policy Page 21 (As Revised January 9,1998) The Director shall evaluate how each security purchased fits into the City's overall investment strategy. At all times the City shall maintain 10 percent of its total investment portfolio in instruments maturing in 90 days or less. The weighted average maturity of all securities and certificates of deposit in the City's total investment portfolio at any given time (not including cash or demand deposits) shall not exceed one and one-half years. Maturities shall be selected which provide for both stability of income and reasonable liquidity. xXI. SELECTION OF BROKER/DEALERS The City shall maintain a list of broker/dealers and financial institutions which have been approved for investment purposes by the investment committee. (For the purpose of this investment policy, Broker/dealer will be used to refer to any brokerage firm, bank, investment pool, or.financial institution with whom the City does investment business). Securities may only be purchased from those authorized institutions and firms. The authorized broker/dealers will be reviewed at least annually. To be eligible, a broker/dealer must meet at least one of the following criteria: 1)be recognized as a Primary Dealer as defined by the New York Federal Reserve Market Reports Division; or 2) report voluntarily to the Market Reports Division of the Federal Reserve Bank of New York. City of Wylie Investment Policy (As Revised January 9,1998) Page 22 Broker/dealers will be selected and recommended to the investment committee by the Director on the basis of their financial stability, expertise in cash management and their ability to service the City's account. Each broker/deale , that has been authorized by the City shall be required to submit and annually update a Broker/Dealer Information Request form which includes the firm's most recent financial statements. The Director shall maintain a file which includes the most recent Broker/Dealer information Request forms submitted by each firm approved for investment purposes. A copy of the submitted Broker/Dealer Information Request forms as well as a list of those broker/dealers approved by the City shall be maintained by the Director. INVESTMENT POLICY ACKNOWLEDGMENT. The City of Wylie will provide all approved securities dealers with a copy of the City's Investment Policy. A principal in the firm must execute a written statement acknowledging receipt and review of the policy and a statement acknowledging that reasonable procedures and controls have been implemented to preclude imprudent investment activities being conducted between the entity and the securities firm. All approved broker/dealer firms must have a completed City of Wylie broker/dealer questionnaire, investment policy, written acknowledgment per above guidelines, executed master repurchase agreement, if applicable, and current financial information on file. Certification language should be mutually acceptable to both parties. An investment officer of the City may not buy any securities from a person who has not delivered to the City an instrument substantially in the form provided by this policy. The Director shall review the quality of service and financial stability of each broker/dealer and fmancial institution approved under this Section at least annually. Any approved broker/dealer or fmancial institution may be removed from the list of approved broker/dealers with the approval of the Director, if in the opinion of the Director, the firm has not performed adequately or its financial position is considered inadequate. XI. XII. SELECTION OF DEPOSITORIES The City shall maintain a list of authorized banks and savings and loans City of Wylie Investment Policy (As Revised January 9,1998) Page 23 which are approved to provide Certificates of Deposit. To be eligible for authorization, a bank or savings and loan must be members of the FDIC and meet the minimum credit criteria (described below) of a credit analysis provided by a commercially available bank rating service such as Prudent Man Analysis, Inc., or Sheshunoff Public Finance Bank Rating Service. Banks or savings and loans failing to meet the minimum criteria or, in the judgement of the Director,no longer offer adequate safety for the City will be removed from the list. Bank rating guidelines will be calculated using publicly available information obtained from the Federal Reserve, the Comptroller of the Currency, or the banking institution itself. Data obtained from bank rating services will include factors covering the following: overall rating, liquidity policy, credit risk policy, interest rate policy, profitability and capital policy. Financial institutions selected to issue certificates of deposit to the City in excess of$100,000 or that are selected as Safekeeping or Custodial agents for the City shall meet the following criteria: 1)have a Sheshunoff Public Finance Peer Group Rating of thirty or better on a scale of zero to one hundred with one hundred being the highest rating at the time of selection or 2) have a Prudent Man Express Analysis overall rating of three or better on a scale of one to five with one being the highest quality for the most recent reporting quarter before the time of selection, and 3) qualify as a depository of public funds in the State of Texas. The Director shall maintain a file of the credit rating analysis reports performed for each approved firm. In addition to the foregoing requirements, with respect to bond proceeds and reserves or other funds maintained for debt service purposes, a depository of such funds must be selected by competitive bidding by two banks located within the boundaries of the City or if there are not two banks available within the City's boundaries that are willing and able to accept such deposits, then at least three bids must be obtained from banks situated in Collin County that are willing and able to accept such deposits. XIIXIII. SAFEKEEPING AND CUSTODY City of Wylie Investment Policy (As Revised January 9,1998) Page 24 Investment securities purchased for the City will be delivered by either book entry or physical delivery and shall be held in third-party safekeeping by a Federal Reserve Member fmancial institution designated as the City's safekeeping and custodian bank. The City may designate more than one custodian bank, but the safekeeping banks shall not be a depository bank. The City shall execute a Safekeeping Agreement with each bank prior to utilizing the custodian's safekeeping services. Only a state or national bank located within the State of Texas may be utilized as a custodian of securities pledged to secure certificates of deposit. The sa ekeeping agreement must provide that the safekeeping bank will immediately record and promptly issue and deliver a signed safekeeping receipt showing the receipt and the identification of the security, as well as the City's interest. The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping Agreement executed with each custodian bank. The City must approve release of securities in writing prior to their removal from the custodial account. A telephone facsimile of a written authorization shall be sufficient if the custodian orally confirms receipt of the transmission and an exact copy of the document is retained in the City's files. In no event shall the custodial bank be an authorized depository bank, issuer of repurchase agreements in which the City invests or broker/dealer of securities on behalf of the City. All securities shall be confirmed in the name of the City and delivered to an approved custodial bank or carried at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit purchased or pledged securities. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City and signed by the appropriate officer at the custodian bank stating that the securities are held in the Federal Reserve system in a CUSTOMER ACCOUNT naming the City as the "customer." In addition, the custodian bank will, when requested, furnish a copy of the delivery advice received by the custodian bank from the Federal Reserve Bank. All certificated securities(those transferred by physical delivery) shall: 1)be held by an approved custodian bank or any correspondent bank in New York City approved by the Director; and 2) the correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City evidencing City of Wylie Investment Policy (As Revised January 9,1998) Page 25 that the securities are held by the correspondent bank for the City. The original safekeeping receipt for each transaction including purchased securities under a repurchase agreement and collateral securing deposits will be forwarded to the Director or his designee and held in a secured file by the City. XIII. XI V. RECORD KEEPING AND REPORTING A record shall be maintained of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing. All transactions shall be documented by the person authorizing the transaction in a form that shows that person's name, the party instructed to execute the transaction, the date, a description of the transaction and a brief statement of the reason(s) for the transaction. At least once each quarter, the Director shall verify that all securities purchased by or pledged to the City are on hand in appropriate form. The City, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the City's established investment policies. Each depository of the City's funds shall maintain separate, accurate and complete records relating to all deposits of the City's funds, the securities pledged to secure such deposits and all transactions relating to the pledged securities. Each approved custodian shall maintain separate, accurate and complete records relating to all securities received on behalf of the City, whether pledged, purchased or subject to repurchase agreement, as well as all transactions related to such securities. In addition, each depository shall file all reports required by the Texas State Depository Board. Each depository and custodian shall agree to make all the records described in this paragraph available to the Director's designee and the City's auditors at any reasonable time. All broker/dealers, custodians, depositories and investment advisors shall maintain complete records of all transactions that they conducted on City of Wylie Investment Policy (As Revised January 9,1998) Page 26 behalf of the City and shall make those records available for inspection by the Director or other representatives designated by the City Council or City Manager. All sales of securities for less than the book value of the security shall be approved by the Director and reported to the City Council at the next regular meeting. Sales of securities for less than 98 percent of the book value of the securities must be approved by both the City Manager and the Director. An investment report shall be prepared by the Director and signed by each officer and employee of the City authorized to conduct any of the City's investment activity, on a quarterly basis listing all of the investments held by the City, beginning and ending market value for period, the current market valuation of the investments and transaction summaries, including a detailed list of the gains and losses recognized. The market value will be determined by: (1) written reports such as the Wall Street Journal; (2) on-line services such as Bloomberg; or (3) through a primary dealer or national bank that is independent of the specific security being valued. The report must state the pooled fund group for each asset'security. The report shall explain the total investment return during the previous quarter and compare the portfolio's performance to other benchmarks of performance. if invested in securities, the City's audit firm must review the quarterly reports annually and the result of the review shall be reported to the City Council by that auditor. Within 90 days after the end of the City's fiscal year, the Director shall prepare, sign and deliver to the City Manager and the City Council an annual report on the City's investment program and investment activity which has also been signed by each officer and employee of the City authorized to conduct any of the City's investment activity. The annual report shall include full year and separate monthly comparisons of investment return. Such annual report shall include an analysis of the compliance with this Policy as well as changes in the applicable laws and regulations during the previous year and may include any other items of significance related to the investment program. The annual investment report will be reviewed as a part of the annual audit. XV. ETHICS AND CONFLICTS OF INTEREST City of Wylie Investment Policy (As Revised January 9,1998) Page 27 Officers and employees of the City involved in the investment process shall refrain from personal business activity that involves any of the City's approved custodians, depositories, broker/dealers or investment advisors and shall refrain from investing in any security issue held by the City. Employees and officers shall not utilize investment advice concerning specific securities or classes of securities obtained in the transaction of the City's business for personal investment decisions, shall in all respects subordinate their personal investment transactions to those of the City, particularly with regard to the timing of purchases and sales and shall keep all investment advice obtained on behalf of the City and all transactions contemplated and completed by the City confidential, except when disclosure is required by law. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the City. XV. XV/. POLICY REVISIONS This Investment Policy will be reviewed at least annually by the City Manager, Director of Finance and designated investment officer and revised when necessary. All revisions shall be approved by the City Council. City of Wylie Investment Policy (As Revised January 9,1998) Page 28 Investments Authorized for Municipalities by Local Government Code, Title 10, Chapter 2256, "Public Funds Investment Act" Authorized by PHA Code Description Examples City Section in WIP Section Obligations of, or Guaranteed by, Governmental Entities including: A. Obligations of the United States or US T-bills, Yes its instrumentalities (City Policy US T-notes, US restricts to maturities< 2 years T-bonds, from purchase date) Debentures, Discount notes B. Direct Obligations of this state or State Issued Bonds No VII A. 2256.009 its agencies C. Collateralized Mortgage Fannie Mae, No Obligations guaranteed by the Freddie Mac, etc... United States D. Other Obligations guaranteed by No this state or the United States E. Obligations of any state or political Bonds No subdivision rated not less than A II. Certificates of Deposit and Share Bank CD's Yes Certificates, issued in this state and VII. B. 2256.010 properly secured III. Repurchase Agreements: A. Repurchase Agreements Any authorized Yes security bought under an agrmnt to VII. C. 2256.011 repurchase at a specified date. B. Reverse Repurchase Agreements No IV. Bankers' Acceptances No VII. D 2256.012 V. Commercial Paper Short-term Yes VII. E 2256.013 Promissory Notes VI. Mutual Funds: Yes A. No-load Money Market Mutual Funds VII. F. 2256.014 B. No-load Mutual Funds VII. Investment Pools rated AAA or TexPool, Logic Yes VII. G. 2256.016 AAA-m City of Wylie Investment Policy (As Revised January 9,1998) Page 29 ATTACHMENT B A LOCAL GOVERNMENT COMPLIANCE CHECKLIST for the TEXAS PUBLIC FUNDS INVESTMENT ACT The Public Funds Investment Act was amended in 1997 as it has been in every legislative session since its initial adoption in 1987. The Act now has several requirements which must be met by local governments. The following is a condensed checklist of those requirements. Each government should review its investment program to assure compliance. SECURITIES VII, IX * -Investment policy must include the maximum allowable maturity on any investment VII ** -Investment policy must a list authorized investments from the Act VII ** -Investment policy may list investments unauthorized by the Entity (The Act includes a list of"unauthorized" securities) INVESTMENT OFFICER DESIGNATION IV * -Governing body must designate an "investment officer(s)" VI * -Investment Officer must invest in accordance with the Prudent Person Rule XIV * -Personal business relationships with businesses offering to engage in investment transactions must be disclosed to Texas Ethics Commission and filed with the governing body of the entity XIV * -All relations within the 2'degree of affinity or consanguinity must be disclosed IV ** -Training required for Treasurer or CFO (if not Treasurer) and investment officers IV ** -Officers must attend a training session on responsibilities within 12 months of taking office IV ** -Officers must attend at least ten hours of training every two years IV ** -Training must be from an independent source (not the investing entity itself) REPORTING XIII * -Written quarterly reports to the governing body and CFO are required XIII -Quarterly reporting must: XIII * 1.detail the investment position of the entity XIII * 2.be prepared and signed by all investment officers XIII * •3.contain summary statement of GAAP compliance XIII ** 4.include beginning and ending market value for period XIII * 5.include additions and changes to market value during period XIII * .6.include fully accrued interest for period XIII * 7.state book and market for each security/holding(beginning and end) XIII * 8.include the stated maturity date of each asset XIII ** • 9.state the pooled fund group for each asset/security XIII * -Reporting must state compliance to local strategies and PFIA XIII ** -If invested in securities, the auditor must review the quarterly reports annually Wylie Investment Policy (WIP) Roman Numerals Refers to Section in WIP *Current Policy **Policy Needs to be Modified for this Requirement. Patterson &Associates INTERNAL OPERATIONAL CONTROLS -Broker/Dealer Certification X * A copy of the Policy must be supplied to each broker/dealer/bank/pool Certification is required from the counterparty that it has X * 1.received and reviewed policy X * 2.acknowledged procedures to preclude unauthorized transactions X ** Certification language should be mutually acceptable to both parties X * Transactions are not authorized with entities not providing certification III, X * Broker listing reviewed annually by governing body/designated committee XIII * -Required annual compliance audit of management controls and adherence to policy VI * -A prudence review will be based on the entire portfolio not individual securities CONTRACTS AND POLICIES XV * -Investment Policy must be formally adopted and annually reviewed by governing body XV * -Changes to the policy must be in written resolution form from governing body I * -Policy must be written ✓ * -Policy must identify pooled fund groups II * -Policy must emphasize safety of principal and liquidity IV * -Policy must address: diversification, yield, security maturities, staff capabilities VII * -Policy must include maximum allowable maturity on any investment V, IV * -Policy must include maximum dollar weighted maturity of portfolios (III, VIII ** -Policy must include methods used to monitor market price VIII * -Policy must require delivery versus payment settlements ✓ * -Investment Strategies must be formally adopted for each pooled fund group ✓ * -Strategies must be written ✓ ** -Strategies must be reviewed annually by governing body ✓ ** -Changes to strategies must be in written form from the governing body ✓ ** -Strategies must address the following in priority order: Suitability of the investment to the entity Liquidity Preservation and safety of principal Diversification Marketability of the securities Yield PORTFOLIO RESTRICTIONS ON INTENT AND CONTENT VIII, IX -Funds in mutual funds are restricted to: ** 1.no more than 8G% of average fund balance in all funds ** 2.no more than 15% of average fund balance in mutual funds ** 3.no bond funds are permitted in mutual funds IX * 4.no more than 10% ownership of any mutual or money market fund Patterson &Associates 75(R)HB 2799 Enrolled version-Bill Text http://www.capitol.state.tx.us/tlo/75r/billtext/HB02799F.HTM 1-1 AN ACT 1-2 relating to investment practices of governmental entities. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 2256.002, Government Code, is amended by 1-5 amending Subdivisions (2) and (8) , adding a new Subdivision (10) , 1-6 and renumbering existing Subdivisions (10) - (12) as Subdivisions 1-7 (11)- (13) to read as follows: 1-8 (2) "Book value" means the original acquisition cost 1-9 [face or par value] of an investment plus [accrued interest] or 1-10 minus the accrued amortization or accretion. 1-11 (8) "Market value" means the current face or par value 1-12 of an investment multiplied by the net selling price of the 1-13 security as quoted by a recognized market pricing source [premium 1-14 or discount] quoted on the valuation date. 1-15 (10) "Qualified representative" means a person who 1-16 holds a position with a business organization, who is authorized to 1-17 act on behalf of the business organization, and who is one of the 1-18 following: 1-19 (A) for a business organization doing business 1-20 that is regulated by or registered with a securities commission, a 1-21 person who is registered under the rules of the National 1-22 Association of Securities Dealers; 1-23 (B) for a state or federal bank, a savings bank, 1-24 or a state or federal credit union, a member of the loan committee 2-1 for the bank or branch of the bank or a person authorized by 2-2 corporate resolution to act on behalf of and bind the banking 2-3 institution; or 2-4 (C) for an investment pool, the person 2-5 authorized by the elected official or board with authority to 2-6 administer the activities of the investment pool to sign the 2-7 written instrument on behalf of the investment pool. 2-8 (11) "School district" means a public school district. 2-9 (12) [ (11) ] "Separately invested asset" means an 2-10 account or fund of a state agency or local government that is not 2-11 invested in a pooled fund group. 2-12 (13) [ (12) ] "State agency" means an office, 2-13 department, commission, board, or other agency that is part of any 2-14 branch of state government, an institution of higher education, and 2-15 any nonprofit corporation acting on behalf of any of those 2-16 entities. 2-17 SECTION 2. Section 2256.004, Government Code, is amended to 2-18 read as follows: 2-19 Sec. 2256.004. APPLICABILITY. This subchapter does not 2-20 apply to: 2-21 (1) a public retirement system as defined by Section 2-22 802.001; 2-23 (2) state funds invested as authorized by Section 2-24 404.024; 2-25 (3) an institution of higher education having total 2-26 endowments of at least $95 million in book value on May 1, 1995; 2-27 [ems] 3-1 (4) funds invested by the Veterans' Land Board as 3-2 authorized by Chapter 161, 162, or 164, Natural Resources Code; or 3-3 (5) a deferred compensation plan that qualifies under 3-4 either Section 401 (k) or 457 of the Internal Revenue Code of 1986 3-5 (26 U.S.C. Section 1 et seq. ) , as amended. 3-6 SECTION 3. Section 2256.005, Government Code, is amended to 3-7 read as follows: 3-8 Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; 3-9 INVESTMENT OFFICER. (a) The governing body of an investing entity 3-10 shall adopt by rule, order, ordinance, or resolution, as 3-11 appropriate, a written investment policy regarding the investment 3-12 of its funds and funds under its control. 3-13 (b) The investment policies must: 1 of 7 01/01/98 13:57:14 75(R)HB 2799 Enrolled version-Bill Text http://w«w.capitol.state.tx.us/tlo/75r/billtext/HB02799F.HTM 3-14 (1) be written; 3-15 (2) primarily emphasize safety of principal and 3-16 liquidity; 3-17 (3) address investment diversification, yield, and 3-18 maturity and the quality and capability of investment management; 3-19 and 3-20 (4) include: 3-21 (A) a list of the types of authorized 3-22 investments in which the investing entity's funds may be invested; 3-23 (B) the maximum allowable stated maturity of any 3-24 individual investment owned by the entity; [ ] 3-25 (C) for pooled fund groups, the maximum 3-26 [avcragc] dollar-weighted average maturity allowed based on the 3-27 stated maturity date for the portfolio; 4-1 (D) methods to monitor the market price of 4-2 investments acquired with public funds; and 4-3 (E) a requirement for settlement of all 4-4 transactions, except investment pool funds and mutual funds, on a 4-5 delivery versus payment basis. 4-6 (c) The investment policies may provide that bids for 4-7 certificates of deposit be solicited: 4-8 (1) orally; 4-9 (2) in writing; 4-10 (3) electronically; or 4-11 (4) in any combination of those methods. 4-12 (d) As an integral part of an investment policy, the 4-13 governing body shall adopt a separate written investment strategy 4-14 for each of the funds or group of funds under its control. Each 4-15 investment strategy must describe the investment objectives for the 4-16 particular fund using the following priorities in order of 4-17 importance: 4-18 (1) understanding of the suitability of the investment 4-19 to the financial requirements of the entity; 4-20 (2) preservation and safety of principal; 4-21 (3) liquidity; 4-22 (4) marketability of the investment if the need arises 4-23 to liquidate the investment before maturity; 4-24 (5) diversification of the investment portfolio; and 4-25 (6) yield. 4-26 (e) The governing body of an investing entity shall review 4-27 its investment policy and investment strategies not less than 5-1 annually. The governing body shall adopt a written instrument by 5-2 rule, order, ordinance, or resolution stating that it has reviewed 5-3 the investment policy and investment strategies and that the 5-4 written instrument so adopted shall record any changes made to 5-5 either the investment policy or investment strategies. 5-6 (f) Each investing entity shall designate, by rule, order, 5-7 ordinance, or resolution, as appropriate, one or more officers or 5-8 employees of the state agency, local government, or investment pool 5-9 as investment officer to be responsible for the investment of its 5-10 funds [ . Unlcoo othcrwioc authorizcd by law, a peroon may not 5-11 deposit, withdraw, invest, tranofcr, or managc in any other manncr 5-12 funds of a otatc agcncy, local govcrnmcnt, or invcotmcnt pool 5-13 without cxprcoo written authority of thc governing body, chicf 5-14 cxccutivc officcr, or chicf financial officcr of thc ctatc agcncy, 5-15 local govcrnmcnt, or invcotmcnt pool, ] consistent with the 5-16 investment policy adopted by the entity. Authority granted to a 5-17 person to [dcpoait, withdraw, ] invest[, tranofcr, or managc] an 5-18 entity's funds is effective until rescinded by the investing entity 5-19 or until termination of the person's employment by the investing 5-20 entity. In the administration of the duties of an investment 5-21 officer, the person designated as investment officer shall exercise 5-22 the judgment and care, under prevailing circumstances, that a 5-23 prudent person would exercise in the management of the person's own 2 of 7 01/01/98 13:57:55 75(R)(-IB 2799 Enrolled version-Bill Text http://www.capitol.state.tx.us/do/75r/billtext/HB02799F.HTNI 5-24 affairs. Unless authorized by law, a person may not deposit, 5-25 withdraw, transfer, or manage in any other manner the funds of the 5-26 investing entity. 5-27 (g) Subsection (f) does not apply to a state agency, local 6-1 government, or investment pool for which an officer of the entity 6-2 is assigned by law the function of investing its funds. 6-3 (h) An officer or employee of a commission created under 6-4 Chapter 391, Local Government Code, is ineligible to be designated 6-5 as an investment officer under Subsection (f) for any investing 6-6 entity other than for that commission. 6-7 (i) An investment officer of an entity who has a personal 6-8 business relationship with a business organization offering to 6-9 engage in an investment transaction with [an cntity 3ccking to 3c11 6-10 an invcotmcnt to] the entity shall file a statement disclosing that 6-11 personal business interest. An investment officer who is related 6-12 within the second degree by affinity or consanguinity, as 6-13 determined under Chapter 573, to an individual seeking to sell an 6-14 investment to the investment officer's entity shall file a 6-15 statement disclosing that relationship. A statement required under 6-16 this subsection must be filed with the Texas Ethics Commission and 6-17 the governing body of the entity. For purposes of this subsection, 6-18 an investment officer has a personal business relationship with a 6-19 business organization if: 6-20 (1) the investment officer owns 10 percent or more of 6-21 the voting stock or shares of the business organization or owns 6-22 $5, 000 or more of the fair market value of the business 6-23 organization; 6-24 (2) funds received by the investment officer from the 6-25 business organization exceed 10 percent of the investment officer's 6-26 gross income for the previous year; or 6-27 (3) the investment officer has acquired from the 7-1 business organization during the previous year investments with a 7-2 book value of $2, 500 or more for the personal account of the 7-3 investment officer. 7-4 (j ) The governing body of an investing entity may specify in 7-5 its investment policy that any investment authorized by this 7-6 chapter is not suitable. 7-7 (k) A written copy of the investment policy shall be 7-8 presented to any person offering to engage in an investment 7-9 transaction with an investing entity [Decking to 3cll to the cntity 7-10 an authorizcd invcotmcnt] . For purposes of this subsection, a 7-11 business organization includes investment pools. Nothing in this 7-12 subsection relieves the investing entity of the responsibility for 7-13 monitoring the investments made by the investing entity to 7-14 determine that they are in compliance with the investment policy. 7-15 The qualified representative [rcgiotcrcd principal] of the business 7-16 organization offering to engage in an investment transaction with 7-17 an investing entity [3cc]ting to Dell an authorizcd invcotmcnt] 7-18 shall execute a written instrument in a form acceptable to the 7-19 investing entity and the business organization substantially to the 7-20 effect that the business organization [rcgiotcrcd principal] has: 7-21 (1) received and [thoroughly] reviewed the investment 7-22 policy of the entity; and 7-23 (2) acknowledged that the business organization has 7-24 implemented reasonable procedures and controls in an effort to 7-25 preclude [imprudcnt invcotmcnt ac,tivitiee arioiiig out of] 7-26 investment transactions conducted between the entity and the 7-27 organization that are not authorized by the entity's investment 8-1 policy, except to the extent that this authorization is dependent 8-2 on an analysis of the makeup of the entity's entire portfolio or 8-3 requires an interpretation of subjective investment standards. 8-4 (1) The investment officer of an entity may not acquire or 8-5 otherwise obtain any authorized investment described in the 8-6 investment policy of the investing entity [buy any 3ccuritico] from 3 of 7 01/01/98 13:58:1( 75(R)RB 2799 Enrolled version-Bill Text http://www.capitol.state.tx.us/tlo/75r/billtext/HB02799F.HTM 8- / a person who has not delivered to the entity the (ra-J instrument 8-8 required [in cubctantially the form provided] by Subsection (k) . 8-9 (m) An investing entity, in conjunction with its annual 8-10 financial audit, shall perform a compliance audit of management 8-11 controls on investments and adherence to the entity's established 8-12 investment policies. State agencies shall report the results of 8-13 the audit performed under this subsection to the state auditor. 8-14 The state auditor shall compile the results of reports received 8-15 under this subsection and annually report those results to the 8-16 legislative audit committee. 8-17 SECTION 4. Section 2256.007, Government Code, is amended by 8-18 adding Subsection (d) to read as follows: 8-19 (d) An investment officer shall attend a training session 8-20 not less than once in a two-year period and may receive training 8-21 from any independent source approved by the governing body of the 8-22 state agency. The investment officer shall prepare a report on 8-23 this subchapter and deliver the report to the governing body of the 8-24 state agency not later than the 180th day after the last day of 8-25 each regular session of the legislature. 8-26 SECTION 5. Section 2256.008 (a) , Government Code, is amended 8-27 to read as follows: 9-1 (a) The treasurer, the chief financial officer if the 9-2 treasurer is not the chief financial officer, and the investment 9-3 officer of a local government shall: 9-4 (1) attend at least one training session relating to 9-5 the treasurer's or officer's responsibilities under this subchapter 9-6 [chapter] within 12 months after taking office or assuming duties; 9-7 and 9-8 (2) attend an investment training session not less 9-9 than once in a two-year period and receive not less than 10 hours 9-10 of instruction relating to investment responsibilities under this 9-11 subchapter from an independent source approved by the governing 9-12 body of the local government or a designated investment committee 9-13 advising the investment officer as provided for in the investment 9-14 policy of the local government. 9-15 SECTION 6. Section 2256.010, Government Code, is amended to 9-16 read as follows: 9-17 Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF 9-18 DEPOSIT AND SHARE CERTIFICATES. A certificate of deposit is an 9-19 authorized investment under this subchapter if the certificate is 9-20 issued by a state or national bank domiciled in this state, a 9-21 savings bank [and loan aczociation] domiciled in this state, or a 9-22 state or federal credit union domiciled in this state and is: 9-23 (1) guaranteed or insured by the Federal Deposit 9-24 Insurance Corporation or its successor or the National Credit Union 9-25 Share Insurance Fund or its successor; 9-26 (2) secured by obligations that are described by 9-27 Section 2256.009 (a) , including mortgage backed securities directly 10-1 issued by a federal agency or instrumentality that have a market 10-2 value of not less than the principal amount of the certificates, 10-3 but excluding those mortgage backed securities of the nature 10-4 described by Section 2256.009 (b) ; or 10-5 (3) secured in any other manner and amount provided by 10-6 law for deposits of the investing entity. 10-7 SECTION 7. Section 2256.014 (a) , Government Code, is amended 10-8 to read as follows: 10-9 (a) A no-load money market mutual fund is an authorized 10-10 investment under this subchapter if the mutual fund: 10-11 (1) is registered with and regulated by the Securities 10-12 and Exchange Commission; 10-13 (2) provides the investing entity with a prospectus 10-14 and other information required by the Securities Exchange Act of 10-15 1934 (15 U.S.C. Section 78a et seq. ) or the Investment Company Act 10-16 of 1940 (15 U.S.C. Section 80a-1 et seq. ) ; 4 of 7 01/01/98 13:58:29 75(R)HB 2799 Enrolled version-Bill Text http://www.capitol.state.tx.usitlo/75r/billtext/HB02799F.HTM 111-1 / (J) has a doiiar-weighted average stated maturity or 10-18 90 days or fewer; and 10-19 (4) [ (3) ] includes in its investment objectives the 10-20 maintenance of a stable net asset value of $1 for each share. 10-21 SECTION 8. The heading to Section 2256.015, Government Code, 10-22 is amended to read as follows: 10-23 Sec. 2256.015. AUTHORIZED INVESTMENTS FOR STATE AGENCIES: 10-24 GUARANTEED INVESTMENT CONTRACTS. 10-25 SECTION 9. Section 2256.016, Government Code, is amended by 10-26 adding Subsections (f) , (g) , and (h) to read as follows: 10-27 (f) To be eligible to receive funds from and invest funds on 11-1 behalf of an entity under this chapter, a public funds investment 11-2 pool created to function as a money market mutual fund must mark 11-3 its portfolio to market daily, and, to the extent reasonably 11-4 possible, stabilize at a $1 net asset value. If the ratio of the 11-5 market value of the portfolio divided by the book value of the 11-6 portfolio is less than 0.995 or greater than 1.005, portfolio 11-7 holdings shall be sold as necessary to maintain the ratio between 11-8 0.995 and 1.005. 11-9 (g) To be eligible to receive funds from and invest funds on 11-10 behalf of an entity under this chapter, a public funds investment 11-11 pool must have an advisory board composed: 11-12 (1) equally of participants in the pool and other 11-13 persons who do not have a business relationship with the pool and 11-14 are qualified to advise the pool, for a public funds investment 11-15 pool created under Chapter 791 and managed by a state agency; or 11-16 (2) of participants in the pool and other persons who 11-17 do not have a business relationship with the pool and are qualified 11-18 to advise the pool, for other investment pools. 11-19 (h) To maintain eligibility to receive funds from and invest 11-20 funds on behalf of an entity under this chapter, an investment pool 11-21 must be continuously rated no lower than AAA or AAA-m or at an 11-22 equivalent rating by at least one nationally recognized rating 11-23 service. 11-24 SECTION 10. Section 2256.017, Government Code, is amended to 11-25 read as follows: 11-26 Sec. 2256.017. EXISTING INVESTMENTS [PORTFOLIO OF CERTAIN 11-27 INVESTMENT POOLS] . An entity is not required to liquidate 12-1 investments that were authorized investments at the time of 12-2 purchase. [A public funds investment pool created to function as a 12-3 money market mutual fund must mark its portfolio to market daily 12-4 and, to thc extent reasonably possible, stabilize at a $1 net asset 12-5 value. If thc ratio of the market value of thc portfolio divided 12-6 by thc book value of thc portfolio is lea... than 0.995 or greater 12-7 than 1.005, portfolio holdings shall be cold as necessary to 12-8 maintain the ratio between 0.995 and 1.005. ] 12-9 SECTION 11. Section 2256.019, Government Code, is amended to 12-10 read as follows: 12-11 Sec. 2256.019. Rating of Certain Investment Pools. A public 12-12 funds investment pool must be continuously rated no lower than AAA 12-13 or AAA-m or at an equivalent rating by at least one nationally 12-14 recognized rating service or no lower than investment grade by at 12-15 least one nationally recognized rating service with a weighted 12-16 average maturity no greater than 90 days. 12-17 SECTION 12. Section 2256.023, Government Code, is amended by 12-18 amending Subsection (b) and adding Subsection (d) to read as 12-19 follows: 12-20 (b) The report must: 12-21 (1) describe in detail the investment position of the 12-22 entity on the date of the report; 12-23 (2) be prepared jointly by all investment officers of 12-24 the entity; 12-25 (3) be signed by each investment officer of the 12-26 entity; 5 of 7 01/01/98 13:58:44 75(R)HB 2799 Enrolled version-Bill Text http://www.capitol.state.tx.us/tIo/75r/billtext/HB02799F.HTM IL-Li (4) contain a summary statement, preparea in 13-1 compliance with generally accepted accounting principles, of each 13-2 pooled fund group that states the: 13-3 (A) beginning market value for the reporting 13-4 period; 13-5 (B) additions and changes to the market value 13-6 during the period; [and] ' 13-7 (C) ending market value for the period; and 13-8 (D) fully accrued interest for the reporting 13-9 period; 13-10 (5) state the book value and market value of each 13-11 separately invested asset at the beginning and end of the reporting 13-12 period by the type of asset and fund type invested; 13-13 (6) state the maturity date of each separately 13-14 invested asset that has a maturity date; 13-15 (7) state the account or fund or pooled group fund in 13-16 the state agency or local government for which each individual 13-17 investment was acquired; and 13-18 (8) state the compliance of the investment portfolio 13-19 of the state agency or local government as it relates to: 13-20 (A) the investment strategy expressed in the 13-21 agency's or local government's investment policy; and 13-22 (B) relevant provisions of this chapter. 13-23 (d) If an entity invests in other than money market mutual 13-24 funds, investment pools or accounts offered by its depository bank 13-25 in the form of certificates of deposit, or money market accounts or 13-26 similar accounts, the reports prepared by the investment officers 13-27 under this section shall be formally reviewed at least annually by 14-1 an independent auditor, and the result of the review shall be 14-2 reported to the governing body by that auditor. 14-3 SECTION 13. Subchapter A, Chapter 2256, Government Code, is 14-4 amended by adding Sections 2256.025 and 2256.026 to read as 14-5 follows: 14-6 Sec. 2256.025. SELECTION OF AUTHORIZED BROKERS. The 14-7 governing body of an entity subject to this subchapter or the 14-8 designated investment committee of the entity shall, at least 14-9 annually, review, revise, and adopt a list of qualified brokers 14-10 that are authorized to engage in investment transactions with the 14-11 entity. 14-12 Sec. 2256.026. STATUTORY COMPLIANCE. All investments made 14-13 by entities must comply with this subchapter and all federal, 14-14 state, and local statutes, rules, or regulations. 14-15 SECTION 14. Subchapter B, Chapter 2256, Government Code, is 14-16 amended by adding Section 2256.056 to read as follows: 14-17 Sec. 2256.056. COMPLIANCE WITH OTHER LAWS. Notwithstanding 14-18 any other law, a municipality with a population of less than 50, 000 14-19 may not issue for any purpose or cause to be issued in its behalf 14-20 any installment sale obligation or lease-purchase obligation having 14-21 the principal amount of $1 million or more without complying with 14-22 the provisions of Section 3.002, Chapter 53, Acts of the 70th 14-23 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's 14-24 Texas Civil Statutes) , regardless of whether the obligation was 14-25 issued individually or in a series of related transactions, or 14-26 whether the obligation was issued with no recourse to the local 14-27 government. 15-1 SECTION 15. Section 2256.018, Government Code, is repealed. 15-2 SECTION 16. This Act takes effect September 1, 1997, and 15-3 applies only to investment activities of a governmental entity 15-4 subject to Chapter 2256, Government Code, that occur on or after 15-5 that date. 15-6 SECTION 17. The importance of this legislation and the 15-7 crowded condition of the calendars in both houses create an 15-8 emergency and an imperative public necessity that the 15-9 constitutional rule requiring bills to be read on three several 6 of 7 01/01/98 13:58:59 75(R)HB 2799 Enrolled version-Bill Text http://www.capitol.state.tc.us/tlo/75r/billtext/HB02799F.HTM 15-10 days in each house be suspended, and this rule is hereby suspended. President of the Senate Speaker of the House I certify that H.B. No. 2799 was .passed by the House on May 6, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2799 on May 28, 1997, by a non-record vote. Chief Clerk of the House I certify that H.B. No. 2799 was passed by the Senate, with amendments, on May 24, 1997, by a viva-voce vote. Secretary of the Senate APPROVED: Date Governor 7 of 7 01/01/98 13:59:14 Wylie lie City council i #8il Agenda Communication for October 29, 1996 Resolution Amending the Investment Policy ..........m.......m....m.......mmimmimimmommummemummomml. . Issue Discuss and consider a resolution amending the INVESTMENT POLICY RESOLUTION passed on May 23, 1995 as required by changes in the Texas Government Code, Chapter 2256, Public Funds Investment, Subchapter A -Authorized Investments for Governmental Entities and Subchapter B - Miscellaneous Provisions. Background On May 23, 1995, a resolution was adopted to establish an investment policy. At that time, the Public Funds Investment Act of 1995 was being drafted. The investment policy adopted by resolution was based upon the latest draft available. The original policy has been revised and this resolution is intended to amend the current investment policy to bring it into compliance with changes in State statutes. Executive Summary: No matter how small a municipality might be, if it has any investable cash, it needs to have a written investment policy. A formal policy protects not only the assets of the organization (which belongs to the public), but also the elected officials and the city staff. The investment policy creates the universe for an investment program by defining overall objectives, risk parameters, types of investments, and other necessary components of an investment management policy. A contrast of the differences between the investment universes of the private sector versus public sector will illustrate why many of the features of this policy are included. The private sector enjoys almost unlimited choices in investing from a legal perspective. Generally speaking, the constraints on investing in the private sector is not because of legal requirements, but the nature of the business. However, in the public sector the reverse is true, there are many legal constraints on the management of idle cash and investments. The municipal universe has been more narrowly defined by recent State legislation. Some of the highlights of the new legislation requirements are: written investment strategy by funds; designation of investment officers; mortgage-backed derivatives are not authorized investments; investment training; compliance audits of investment activity; and quarterly reporting to the City Council. Many of these legal constraints were already considered to be good financial practice and the Public Investment Act is now providing a legal outline to follow. What an investment policy does is to set standards and constraints on how to conduct our investment activity. The policy defines the major objectives, who is responsible, what investment types can be used, provides for record keeping and reporting, training of employees, selection of broker/dealers, safekeeping of cash and investments, ethics, etc. The heart of the City of Wylie's investment policy is the objectives of safety, liquidity, diversification, and yield. Safety is listed first because the primary goal of public investment officials must be the fiduciary responsibility of public monies. Yield is the last objective in order of priority for investing. While additional income (yield) from investments is important, it must never become the prime consideration in the investment of public funds. In the universe of municipal investing , the safety of public funds and maintaining the confidence of our citizens (avoidance of reputational risk) must be the keystone of our investment program. New to this proposed investment policy is the addition of an Investment Committee. This committee will be composed of City Staff and an outside ex-officio member. The primary objective of the committee will be to review general strategies and polices and monitor investment program results. Legal Considerations Adoption of a formal investment policy is mandated by the Public Funds Investment Act, Chapter 2256.023 of the Government Code. Financial Considerations None Staff Recommendations The staff recommends the City Council adopt the amended resolution updating the investment policy. Attachments Attachment A - Authorized Investments for Municipalities Attachment B - Investment Policy Pilt-11-067411,114`0/4j /O L Qom, 0 ;tetilietteXtv omM . 63.64.44.- Prepared ByReview-• by Fi nce City Manager Approval p • Investments Authorized for Municipalities by Local Government Code, Title 10, Chapter 2256, "Public Funds Investment Act" Description Examples Code Section I. Obligations of, or Guaranteed by, Governmental Entities 2256.009 including: ,1 A. Obligations of the United States or its instrumentalities US T-bills, 2256.009 (City Policy restricts to maturities<2 years from US T-notes, purchase date) US T-bonds, Debentures, Discount notes O B. Direct Obligations of this state or its agencies State Issued 2256.009 Bonds O C. Collateralized Mortgage Obligations guaranteed by the Fannie Mae, 2256.009 United States Freddie Mac, etc... O D. Other Obligations guaranteed by this state or the United 2256.009 States O E. Obligations of any state or political subdivision rated Bonds 2256.009 not less than A ,r II. Certificates of Deposit and Share Certificates, issued in this state Bank CD's 2256.010 and properly secured III. Repurchase Agreements: Any authorized 2256.011 i A. Repurchase Agreements security bought O B. Reverse Repurchase Agreements under an agrmnt to repurchase at a specified date. 0 IV. Bankers' Acceptances 2256.012 ,T V. Commercial Paper Short-term 2256.013 Promissory Notes / VI. Mutual Funds: 2256.014 A. No-load Money Market Mutual Funds B. No-load Mutual Funds '1 VII. Investment Pools rated AAA or AAA-m TexPool, Logic 2256.016 =Investments Authorized by the City of Wylie Investment Policy. 0=Investments NOT Authorized by the City of Wylie Investment Policy. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR AUTHORIZED SECURITIES INVESTMENTS, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR PORTFOLIO MATURITIES, PROVIDING FOR INVESTMENT LIMITS, PROVIDING FOR SELECTION OF BROKER/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City of Wylie acknowledges the high priority of providing the necessary guardianship of public funds in the municipal sector; and, WHEREAS, the City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriate officials, and to review the actual performance at regular intervals; and, WHEREAS, the City Council hereby intends to implement investment requirements set forth in the Texas Government Code, Chapter 2256, Public Funds Investment, Subchapter A - Authorized Investments for Governmental Entities and Subchapter B - Miscellaneous Provisions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: See Exhibit A - Investment Policy Section 2: This Resolution shall be in full force and effect immediately upon its passage and approval. PASSED AND APPROVED, this the 29th day of October, 1996. Jim Swartz, Mayor Susan Shuler, City Secretary WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATIONr/ift ITEM NO 12 January 13, 1998 Issue Consider and act upon the approval of an ordinance for the annexation of 22.52 acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and being part of the 411.15 acre tract of land described in deed to C. J. Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Dallas County, Texas. Background The Wylie City Council on February 24, 1997 gave approval to Herzog Development Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary exchange between the cities of Sachse and Wylie were discussed during a January 1997 work session and action was formally taken at the October 28, 1997 Council Meeting. The proposal to exchange boundaries arose after a thorough evaluation of the conceptual plan. A conclusion was made that it would be difficult to provide some city services to several of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically separate 43 lots from the approximately 940 lots to be developed within Wylie. The only access to these 43 lots would be from a thoroughfare extending east from State Highway 78 and located in the City of Sachse. Attachment B shows the city limit boundaries between Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the proposed city limit boundaries. The Boundary Agreement requires an exchange of land between the two cities. Wylie will disannex one tract into Sachse's ETJ totaling approximately 15.61 acres, that are shown in the original conceptual plan as 43 lots. Sachse will disannex three tracts into Wylie's ETJ, totaling approximately 78.57 acres, that are shown in the original conceptual plan as a portion of the golf course. The cities will then annex the tracts within their ETJ. The tract of land which adjoins the Sachse's city limits, but presently now lies within the city limits of the City of Sachse, is a 22.521 acre tract of land, described on Exhibit "C", by metes and bounds. By annexing this property, the City of Wylie will obtain the extraterritorial jurisdiction to said tract so that the tract will belong to the City of Wylie. The total acreage has been highlighted for your review. These totals have been adjusted to reflect a correction, and will differ from the previous Public Hearings of November 11, 1997 and December 9, 1997. After the first public hearing it was brought to attention of City of Wylie Staff by Sachse officials that the 3.21 acre tract should have been a part of the annexation process rather than a disannexation. These totals will reflect the accurate land exchange. The process to annex the 3.21 acre tract will begin with the first public hearing on January 13, 1998 or Agenda Item Number 9. Action Agenda Item No 12 Page 1 Background__-continued Under this agreement, the golf course would be located solely within the City of Wylie. The 43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square feet. A golf course is a very popular and important quality of life amenity that is a proven draw for residential development and a valuable business/commercial development tool as well. The overall value that the golf course represents is of greater value than the loss of property tax revenue. In addition, the city would no longer be responsible for the provision of services to the 43 remote lots. The time line for the annexation is as follows: First Notice to the Paper October 29, 1997 First Public Hearing November 11, 1997 Second Notice to the Paper November 26, 1997 Second Public Hearing December 9, 1997 Adopt Ordinance January 13, 1997 The approval of equal access demonstrates an act of good faith and cooperation by the City of Wylie. It is anticipated in the future that there will be several issues in which a level of cooperation will be necessary between the two cities. Financial Consideration The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the average value of the homes constructed was $125,000, the annual property taxes paid per year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690. The Collin County Central Appraisal District has provided information to the city that establishes the assessed valuation of a golf course is calculated at $10,000 per acre plus the value of the golf course. Preliminary plans show that the golf course will be constructed on 170 acres and will be built for approximately six (6) million dollars. Based on these figures, approximately $47,000 would be generated in property taxes per year at the current tax rate of .0665. Additional revenues will also be generated through sales taxes collected on green and cart fees and merchandise and concession items in the Club House. Based on revenue of one (1) million, the combined sales taxes collected for the general fund, 4A and 4B would be $20,000 annually. The golf course will also use a large amount of water. Specific details regarding amounts of water are not known at this time. The golf course will open as a privately operated facility. The city has no financial obligations. Action Agenda Item No 12 Page 2 Other Consideration Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust boundaries. Wylie will also be required when the annexations are considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed areas and use it as directed in said statute. Board/Commission Recommendation N/A Staff Recomme dation Staff recommends the annexation of the property. Attachments Exhibit "C" from the Boundary Agreement Existing City Limits Boundaries Map Proposed City Limits Boundaries Map Property/Boundary Exchange Map Annexation Ordinance Service Plan ThiTILL CA.),c-44 Prepared by Rev' ed by Finance City Manager Approval Action Agenda Item No 12 Page 3 South 08'02'14"East,a distance of 296.00 feet to a point for corner; South 31'39'46"West, a distance of 215.00 feet to a point for corner; South 46'35'14" East,a distance of 191.00 feet to a point for corner; North•41'09'46"East,a distance of 131.00 feet to a point for corner; South 76'35'14" East,a distance of 49.00 feet to a point for corner, South 11'39'46"West,a distance of 155.00 feet to a point for corner; South 28'20'14"East, a distance of 54.36 feet to the POINT OF BEGINNING and containing 52.84 • acres of land. TRACT II 22.52 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660,in the City of Sachse, Collin County,Texas,and being part of the 411.15 acre tract of land described in deed to C.J.Thomsen, • recorded in Volume 742, Page 64 of the Deed Records of Collin County,Texas, and being more 'particularly described as follows: COMMENCING at a point in the south line of the 199.27 acre tract of land described in deed to George Lewis, recorded in Volume 3305, Page 163 of the Land Records of Collin County,Texas for the northeast corner of the beforementioned 411.15 acre tract;Thence with the north line of the said 411.15 acre tract and the south line of the said 199.27 acre tract, North 88'01'56"West, a distance of 2450.15 feet to the POINT OF BEGINNING; THENCE leaving the north line of the said 411.15 acre tract,the following courses and distances to wit: South 01'23'14" East, a distance of 84.00 feet to a point for corner; South 38'50'14" East,a distance of 80.97 feet to a point for corner; South 58'52'01"West,a distance of 498.28 feet to a point for the beginning of a tangent curve to the left, having a central angle of 32'46'15",a radius of 275.00 and a chord bearing and distance of South 42'28'53"West, 155.15 feet; Southwesterly with said curve, an arc distance of 157.29 feet to a point for corner; South 26'05'45"West, a distance of 408.27 feet to a point for the beginning of a tangent curve to • the right, having a central angle of 12'06'05",a radius of 125.00 feet and a chord bearing and distance of South 32'08'48"West,26.35 feet; Southwesterly with said curve, an arc distance of 26.40 feet to a point for corner; South 38'11'51"West,a distance of 25.45 feet to a point for the beginning of a non-tangent curve to the right, having a central angle of 16'34'17",a radius of 125.00 feet and a chord bearing and distance of North 22'57'42"West,36.03 feet; Northwesterly with said curve,an arc distance of 36.15 feet to a point for the beginning of a circular curve to the left, having a central angle of 241'44'32",a radius of 50.00 feet and a chord bearing and distance of North 35'45'46"West, 85.83 feet; Northwesterly with said curve,an arc distance of 210.96 feet to a point for corner; North 59'17'41"West,a distance of 1166.43 feet to a point for corner; North 53'10'47"West,a distance of 98.23 feet to a point for corner; North 78'40'11"West,a distance of 116.67 feet to a point for corner; North 11'19'49"East,a distance of 83.81 feet to a point for the beginning of a tangent curve to the left, having a central angle of 08'56'05",a radius of 620.00 feet and a chord bearing and distance of North 06'51'47"East,96.58 feet; Northeasterly with said curve,an arc distance of 96.68 feet to a point for corner; • North 02'23'44"East,a distance of 31.76 feet to a point in the north line of the said 411.15 acre tract and the south line of the 195.939 acre tract of land described in deed to Belco Equities, Inc., recorded in Collin County Clerk's File No.95-0003093 of the Land Records of Collin County, Texas; THENCE with the north line of the said 411.15 acre tract and the south line of the said 195.939 acre tract, the following courses and distances to wit: South 87'58'43"East,a distance of 724.22 feet to a point for corner, South 88'30'24" East,a distance of 406.38 feet to a point for the southeast corner of the 195.939 acre tract and the southwest corner of the said 199.27 acre tract; THENCE with the north line of the said 411.15 acre tract and the south line of the said 199.27 acre tract, South 88'07'26"East,a distance of 789.06 feet to the POINT OF BEGINNING and containing 22.52 acres of land. Bearing system based upon the bearing of North 53'04'39"East between the Texas Department Monuments No.31 and No.33 of the horizontal control for the improvements to State Highway No.78, based on the North Central Zone of Texas State Plane Coordinates. • Attachment B Existing City Limit Boundaries - Wylie/Sachse • r r �- p 1g ` "V. `rialimului 11[! rrr 1IIU11/j\I�40# iIV1lWrm_I Z\)''s 1�1111111.otit e ,e sj %. WII%�� o i � Q �QIIIII��: : a i Ut �� kt,:- i�I �IIII�f,� ..Offs . ♦ �unWr�.me I �� 11111/11 % s�0 t♦j Vivi [�II1111111111Q:.'N\sl.:•:;:::s::lt;;:::t;.;::A::;:::.1:nt:l::711;,!1:::'z; ,�� ♦��111177111111111111/�� ♦ii1\1117�1W1U�In 06e:( liji-ak . . , d pp :a` 1 5�;p Pit i 4°ELa 9 © awsis s11114 os . ./ 1'F-1 0 ic.:mn c..--, !aril') 1., p #.1 lw * / t___.: ! ::::: • 1 c t ED roe , - 1 1751\wrg'•St - . :: .,i r D 1 . , • • a :. • ,....._. a � 4. ., :: :•.: 1 10. -;.t.0-....---i- . �a Pa ;� ---\‘ Sic•x Ro.d c Attachment C Proposed City Limit Boundaries - Wylie/Sachse X • i / 'O / 1 i .$,V*41.\'' * . V lb r "unu .., Hamm.s 1 `I I IIi Q�V f Q f• f�.�♦ QIi1Ifi `1 i �� I I WI11 • )c(e;1 .Z.5 MI '4%''II��: :4.4II ".IlUnin aeI1 ii 1 /fin •. ��'.;,`� " UIIII '& .e02.61. 4. -----ii; .. , , j: � �., 4/ ' IIl1■ ; � � 1ExpeRd. [r--•- i Amq dQ s ..k.: t, vi ra a p. r0 , S � ♦ m =♦ q9 0 I un .. 00 .0 4,-, ;/ 49Y 4 1 Urtil i i ..$x*' f. (,.c=\ :. ...... .;I.: .. ��f 10 .___. :, . r---- ,E3Du.. -N..-- ,. ,,,..s... \ v.....,....:::—: 1 s -(::: ). o 1, ria- .,:.i :: _i�D .. .. c..,, I1E- 1,.. t 1 . • S+:Sx R..1 i . .e.,.. 1 tiC1 1 I Teo.0 Y.N.aau . _ I ",w 10u1As •1C. E: : '!=v_k'.•�-^2_._. _ _ ,.d✓'"1.!:'L• la I.A.C.C.1. 1ve.77 At. I .+ II row Or BECOMING 1'OL'33C41c.163 POINT of coYYENCINGL "L 111�":r•- ••�^jf '_':..:„y 7.•w.n r7.7r ,•jYlr7rt n.x r 7 TRACT II TRACT II \ N IU MOIu 00OLA ty; : :: r `t.:��r.• •ranrt .• • rmli•:' w..•..• YY1Y,f .- ,i a.i:.�-'.d+w:.: -...:..` weraf• ]m.w• •„: 1•.r aeJr ` /14."• i1Y0r•f[ r•:•:•;•.•.••w•.._r•.N r.n��. r ...pt....," .1,. TRACT II J MS S,a[uLY.JR. ^*E. -,`.i:;•- a• ~�'9 rIs 22.52 ACRES .• .x+rrrI 1.•rr,rc L�•�i-`Lw.l '-1...(J rnz • MAY ^�U.1? M •+•r.r '.�..•r•r n r.•r 1. urorlfc 411.12M ,I G^..:„«- 15tLIItl =-may 1nAr CJ. IM•SCN �C'k Yr :: 51U VOL 7.7 PG.., �:C�ar7:��.r.�:r1.Y'i! �.rla:a> •11.1S Ac. ' it :Y'�I. •• • ,,Jr r:.'.•{.`5.r :r ii:i, 'C:.:.{i.ii_i'...I. C.J. i» fr t''4r'"�.�:_ ( -. :` r, -wr. r0742 PG. 41.1 :7 �veeY.t. .a.0 r , POEM Or COMMENCING DR.C.Ci �i_n • •M_s� . • = xr, •• ,r]r,f / ..r.s...•c TRACT I 1aJr _ r fir a _.:.` .��r 7•:' F-`hr Y' `� L•r . t•rs f \ •K. • �� r+•::_...,•:j.a�•. w�. uiai\ leaor ,"� .:'Fr_.:.•ti:. �c .. `.'. "tip.L:: _COLT_COla7tt .v«••ft wr�•�.fr. :'-',:r,.r..71 •..... ...:�.:-..:,.u-'i• -Lr'' __�_-- -- --_�_- -----.-_.�-._-_____-. .- � C011r1 COUNTY ...-1.Lr .fin: : ,-.'. WIIAS cOUNCC . vfr .l A{CbI1N1Y pn "' ..r,wii -SLIT r.rner C,1i '•.ri'':�.' .t.+'L: .:LC r7�...•.-... • br"vf• ]Ylt\ wYNOft` L+r;n� Pf114.00. 4111]M ••••• �•� «L•`' ,]..y. IJ _.,7xKr C.J.1N0NSCN t_.".rt'. :I^ '{.':• ".,.T „1„ Mg.'" wt.700/S PC.4132 .....::x.4,L-. : .�^ 411.12 A.C. RACT I de . DJI.O.C.1 cJ.42 G. "-, 52.04 ACRES • �tsr7.'K• = ''^I r•» :'. VOL Ia0•S PG.,1]] 4N r /'� Ue.ee• •- +. "' 0 AD.Cr J JAY'Roma E±CO: .._ - A7r.rsr• 1• G �.SOY/VICE if 6..4,....�..„ .:.....,.... =.�._.._�• 51 a 6'I!f• : '0!?" c a VOL 1,0IS0 PC. 11113 t.f"'•fr - TIYCf If • D.aJ).CT. 11em FSiLI _ .n•N Au0 _ ,grinrr� OY I::1...�r.:.S1^......�:•r.:3 i'�: mo.: I:: .rr71••f• 421'/0. :.Tr{rr::ra.•••••vo "~i'.l r•..•'~ .w MAO sorer,!( E• 'M._.•"11 r:.C_«�...:"2=.�:::X.:::`i:.'1. /]N eP r�::. • - r, • b1:'7i:�'Zi�' .oraerr ..n •.� k ref:s•�•1.:^^.-2.1.:!:Fr C.^fir w::5 J • ,1 11r7rK. i(4 vrctoa _ 'n.:::i',��rc`,'•1;1•. P..I.4..`•. •..r....• _ / .:.K alba JINN roVlt•KI r.`1'"::1:::-. . .=. AL 111 oe' sIr yrr. C::_ .C"1:_•: TT�1 /Fair:r. - ...... e,"N\ s•rmlf(/ rrre'1( 1tD(DCTt(a ._^�:.'1.ii.'•L..;1.:•r7.C.:..^ r:.:•-4:4':1L' IrIAr !•J. �� _• _•• .Y• -.N N .•a.7 r• / .rarK• a..N.7.• ,•••r... .r•w.r w.r••r yY A SI% Y•••AP•P1� a.W II VYf tAMISI CASIU.O w r i.%:;4 -. ., •• _ Call•..Y 447='.':•w:.•«.r�wrr w).w.r...r•-.r. 4..,,-l • .. S.Ylrrr. ,a,..,,,,•... ,�+ .r r rw.rnwnr- •r«r .e••r TRACT I POINT or BECOMING Pn(N,.rw(( •.,a0 WAN u7A11•C( THOMSEN TRACT _ .o. `illin;• RICIHARD NEI MAN SURVEY, ADST. NO. 10 J/ ••••• -"•11 '• DALLAS COUNTY, TEXAS WRY srAION RICIIARD NE11D[AN SURVEY, ADST. NO. GG COLLIN COUNTY, TEXAS • w POST. BUCK LEY, MAR. Arruwcr, ere I r...►14.IVO SCI{UI{ at JERNIGAN INC u•n1O °I MUM Dtrlldr1IU*r CORP. R, a yes K let? 1..J r74e-1.1• r...1..r,.a•4_471.` 11e1 7.TI:1 (7MIarY Dull•tr Mee PAti/tA1ie.rR 10t • *NO Orr..•./•1•••a.A•ave 0aLJ1.1ul4 MIA (Ai.)9 .100 L111 a..N I,..•1 r r NW..1•4.•7fi01 (III)Sao-taw (IU)aJt-e1a1 (111)eaa-.aw AN P.•1•1a1N IeI w w •'r.I X.I' - 111a' • • r11711111.1.1( HIB ( 1- Sent by: ARRBJ 972 562 0202; 01 /09/98 3:41PM;J x #606;Page 7/16 pp CITY OF WYLIE,TEXAS ORDNANCE NO. AN ORDINANCE ANNEXING A 22.52 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE RICHARD NEWMAN SURVEY, ABSTRACT NO. 660 AND BEING PART OF THE 411.15 ACRE TRACT OF LAND DESCRIBED IN DEED TO C.J.THOMSEN,RECORDED IN VOLUME 742,PAGE 64 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND WYLIE'S COMPREHENSIVE ZONING ORDNANCE NO.91-24,CHAPTER 12,EXHIBIT A OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDNANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that it would be advantageous and beneficial for the citizens of the City of Wylie, Texas("Wylie")to exchange certain tracts of land being developed by Woodbridge Properties, LLC with the City of Sachse,Texas("Sachse");and WHEREAS,the City Council,under the authority of its Charter and various sections of the Local Government Code, further investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Sachse;and. WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with in conjunction with the Boundary Exchange Agreement pursuant to Chapter 43 of the Local Government Code;and WHEREAS,prior to conducting the public hearings, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and ORDINANCE ANNEXING 22.52 ACRES OF LAND INTO THE CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 1 *VI.AMBOXIMY1.1 EkANNEM2252.orN9a0272.0201l01094H Sent by: ARRBJ 972 562 0202; 01 /09/98 3:41PM;J #606;Page 8/16 WHEREAS,before the publication of the notice of the first public hearing regarding the annexation of the Property,the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code,and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth(40th)day but before the twentieth(20th)day before the date of institution of the annexation proceedings;and WHEREAS, the City Council finds it has completed the annexation process within ninety (90)days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices,hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: ORDINANCE ANNEXING 22.52 ACRES OF LAND INTO THE CITY OF WYLIE,COLJ.IN COUNTY,TEXAS-Peg 2 ae/L A N180Xt1 W YL IE\O NEXt2252.erd/94Q272.0201 N t 09911 Sent by: ARRBJ 972 562 0202; 01 /09/98 3:41PM;J #606;Page 9/16 SECTION 1: The findings set forth above arc incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: The Property described as follows and all public streets,roadways and li alleyways located within or contiguous to the same is hereby annexed to Wylie,to-wit: BEING a 22.52 acre tract of land,more or less, situated in the Richard Newman Survey,Abstract No.660 and being part of the 411.15 acre tract of land described in Deed to C. J.Thomsen,recorded in Volume 742,Page 64 of the Deed Records of Dallas County,Texas and being more particularly described by metes and bounds in Exhibit"A" attached hereto and incorporated herein for all purposes. SECTION 3: The Service Plan for the Property is attached hereto as Exhibit"B" and made a part hereof for all purposes. SECTION 4: That from and after the passage of this Ordinance,the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. ,SFCTiON f: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie,Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION t : It shall be unlawful for any person,firm,corporation or business entity to make use of the Property in some manner other than as authorized by this Ordinance and Wylie's Comprehensive Ordinance No. 91.24,Chapter 12, Exhibit A,and any amendments thereto;and it shall be unlawful for any person, firm,corporation or business entity to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Wylie's Comprehensive Zoning Ordinance No. 91-24,Chapter 12,Exhibit A, and any amendments thereto. ORDINANCE ANNEXING 22.52 ACRES OF LAND INTO THE CITY OF WYLIE,COLLIN COUNTY,TEXAS-lags 3 ne/L:MAOXIA W YLIMAN N EM2252.or4/940272.0201/DI 099$ Sent by: ARRBJ 972 562 0202; 01/09/98 3:42PM;Je¢rx #606;Page 10/16 SITTTON Z: Any person, firm,corporation or business entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No.91-24,Chapter 12,Exhibit A,or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,state and federal law. SECTION 8: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 9: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 10: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie. This Ordinance shall be in full force and effect from and after its adoption by the City Council,unless otherwise required by law and then shall be in full force and effect upon such compliance. ORDINANCE ANNEXING 22.52 ACRES OF LAND INTO THE CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 4 ae/L:04BOX91WYLIE\A.YNEV2252.ord/940292.1)201/010998 Sent by: ARRBJ 972 562 0202; 01 /09/98 3:42PM;JX #606;Page 11 /16 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this day of 1998. JIM SWARTZ,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: SUSAN SHULER ABERNATHY,ROEDER,ROBERTSON City Secretary BOYD&JOPLIN,P.C. RICHARD M.ABERNATHY City Attorneys DA'r8 OK PU$LICATION, _ ,wylw Nc ORDLYANCE ANNEXING 22.52 ACRES OF LAND INTO THE CITY OF WYLTE,COLLIN COUNTY,TEXAS-Pao 5 at&:WI aOXIAWYLIE‘ANN EXL'252.ort1/940272.020I/010998 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: ACRES SURVEY, ABSTRACT &COUNTY: • Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas, at the following levels and in accordance with the following schedule: • A. POLICE SERVICE • 1 . Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City of Wylie, Texas, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance, 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police • services consistent with the characteristics of topography, land utilization and popuiation density within two(2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the areb, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City of Wylie,Texas, extends fire service to any other area of the municipality,will be provided to this area within sixty(60)days of the effective date of the annexation ordinance. Page 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization- and population density within the area as determined by the City Council within Iwo (2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. • 3. Upon ultimate development of the area,. the same. level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES • 1 . Enforcement of the Citys environmental health ordinances and regulations, including but not limited to,weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to • ensure compliance with City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The Citys zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation • ordinance. 4. - All inspection services furnished by the City of Wylie, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. Page 2 • J. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter - encompass this property, and it shall be entitled to consideration for zoning in accordance with the Citys Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1 Residents of this properly may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the • effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Wylie. This property will be included in all plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities vtthin this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION • 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60)days of the effective date of the annexation ordinance. Residents of this properly utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City of Wylie, upon request. 2. r As development and construction commence In this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid wast collection shall begin within sixty (60) days of the effective date of the annexation ordinance. • Page 3 • • • G. STREETS• 1. The City of Wylie's existing policies with regard to street maintenance, applicable throughout the entire City,shall apply to this property beginning within sixty(60) - days of the effective date of the annexation ordinance. Unless a strcct within this property has boon constructed or is improved to the Citys standards and specifications, that stroot will not be maintained bythe City of Wylie. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Wylie with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to strcots within this property which have been accepted by the City of Wylie as is provided to City streets throughout the City. 4. Strect lighting installed on strcots improved to Oily standards shall be maintained by either TU Electric or Collin County Co-Op in accordance with current City policies. H. WATER SERVICES 1 . Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with • existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation In the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2)years from the effective date of the annexation ordinance and substantially completed with four and one-half (41/2)years after that date. • 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. Page 4 • I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage.service in this area will be provided In accordance with existing City policies. Upon connection, _ sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60)days of the effective date of the annexation ordinance. . . 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half (41/2)years after that date, J. MISCELLANEOUS .1 . Any facility or building located within the annexed area and utilized by the City of Wylie in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. • 2. General municipal administration and administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. • Page 5 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 13 January 13, 1998 Issue Consider and act upon approval of an ordinance for the annexation of 52.84 acres out of the Richard Newman Survey, Abstract No, 660, Collin County, Texas and the Richard Newman Survey, Abstract No. 10-72, Dallas County, Texas and being part of the 411.15 acre tract of land described in Deed to C. J. Thomsen, recorded in Volume 78045, Page 4135 of the Deed Records of Dallas County, Texas. Background The Wylie City Council on February 24, 1997 gave approval to Herzog Development Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary exchange between the cities of Sachse and Wylie were discussed during a January 1997 work session and action was formally taken at the October 28, 1997 Council Meeting. The proposal to exchange boundaries arose after a thorough evaluation of the conceptual plan. A conclusion was made that it would be difficult to provide some city services to several of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically separate 43 lots from the approximately 940 lots to be developed within Wylie. The only access to these 43 lots would be from a thoroughfare extending east from State Highway 78 and located in the City of Sachse. Attachment B shows the city limit boundaries between Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the proposed city limit boundaries. The Boundary Agreement requires an exchange of land between the two cities. Wylie will disannex one tract into Sachse's ETJ totaling approximately 15.61 acres, that are shown in the original conceptual plan as 43 lots. Sachse will disannex three tracts into Wylie's ETJ, totaling approximately 78.57 acres, that are shown in the original conceptual plan as a portion of the golf course. The cities will then annex the tracts within their ETJ. The tract of land which adjoins the Sachse's city limits, but presently now lies within the city limits of the City of Sachse, is a 22.521 acre tract of land, described on Exhibit "C", by metes and bounds. By annexing this property, the City of Wylie will obtain the extraterritorial jurisdiction to said tract so that the tract will belong to the City of Wylie. The total acreage has been highlighted for your review. These totals have been adjusted to reflect a correction, and will differ from the previous Public Hearings of November 11, 1997 and December 9, 1997. After the first public hearing it was brought to attention of City of Wylie Staff by Sachse officials that the 3.21 acre tract should have been a part of the annexation process rather than a disannexation. These totals will reflect the accurate land exchange. The process to annex the 3.21 acre tract will begin with the first public hearing on January 13, 1998 or Agenda Item Number 9. Action Agenda Item No 13 Page 1 Background -_continued Under this agreement, the golf course would be located solely within the City of Wylie. The 43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square feet. A golf course is a very popular and important quality of life amenity that is a proven draw for residential development and a valuable business/commercial development tool as well. The overall value that the golf course represents is of greater value than the loss of property tax revenue. In addition, the city would no longer be responsible for the provision of services to the 43 remote lots. The time line for the annexation is as follows: First Notice to the Paper October 29, 1997 First Public Hearing November 11, 1997 Second Notice to the Paper November 26, 1997 Second Public Hearing December 9, 1997 Adopt Ordinance January 13, 1997 The approval of equal access demonstrates an act of good faith and cooperation by the City of Wylie. It is anticipated in the future that there will be several issues in which a level of cooperation will be necessary between the two cities. Financial Consideration The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the average value of the homes constructed was $125,000, the annual property taxes paid per year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690. The Collin County Central Appraisal District has provided information to the city that establishes the assessed valuation of a golf course is calculated at $10,000 per acre plus the value of the golf course. Preliminary plans show that the golf course will be constructed on 170 acres and will be built for approximately six (6) million dollars. Based on these figures, approximately $47,000 would be generated in property taxes per year at the current tax rate of .0665. Additional revenues will also be generated through sales taxes collected on green and cart fees and merchandise and concession items in the Club House. Based on revenue of one (1) million, the combined sales taxes collected for the general fund, 4A and 4B would be $20,000 annually. The golf course will also use a large amount of water. Specific details regarding amounts of water are not known at this time. The golf course will open as a privately operated facility. The city has no financial obligations. Action Agenda Item No 13 Page 2 Other Consideration Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust boundaries. Wylie will also be required when the annexations are considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed areas and use it as directed in said statute. Board/Commission_Recommendation N/A Staff Recommendation Staff recommends the annexation of the property. Attachments Exhibit "C" from the Boundary Agreement Existing City Limits Boundaries Map Proposed City Limits Boundaries Map Property Boundary Exchange Map Annexation Ordinance Service Plan repared by Revi ed by Fina ce City Manager Approval Action Agenda Item No 13 Page 3 • Attachment B Existing City Limit Boundaries - Wylie/Sachse • / lmmmn[;�Immr/mt �, % _ ,%� f� / -0�UUIUIt/��i�i C75:41.:::: ��77 IltttttlUt.��i��Q♦ j `:luau%:IS 74 HZ) \---" ��. :�� i��f♦o lUt1U �llUlu �� :\ .♦,.�i♦•,�. O\\.$ ♦��//�runir7UlUlmnl// �Mmu b • i•♦•1♦ 0 fo♦i♦ ° /tU♦♦i.ii ♦♦j�Ar Ii��4��L1uR` den% C� ♦i♦i� •1. Iil�ii UUU Et-+ d • �i♦io f �Ii�ii IIiiU� ____U? ( ( v'N: ‘7 . * •-- -) 417::......"Valsiii:111:111:1:11:4:1*in i/- 1 iiiilEizi - - n _ k°,n�� J �(1-.--)-Lit_A-7-3 ¢ P �,�..�..� s. 40 ,..• :. r ciI 3\ ,7 .. .4 • -. 4 I l'I f/ , . ��.•� 0 it iL..... L_______-JEL:35- ,,, tu 4. $\. *.:••••-• I I .,..,.,...) .j,, ..:,4. • :.. ....' ,, ..--,, .... ...) .- ,...„.„,•,. .5.',) . ::: 0 i...-- 0 ... ria:..;.. II ..._..... =___Y sx•x Rat p Attachment C Proposed City Limit Boundaries - Wylie/Sachse X ' i / , ` d ., MUMMER__ Cirri rimmi%t, ` a'j�S ` �' Q it �w -goo e p�i . unnmv.• ��, • �I�! ♦♦ ♦i �i• � ce mania ♦♦ �fi ♦ �� ♦ ¢: Q111mmuir, ■fin ♦ .0 to, ,,#VI s �l�' MUM rda2a% „pil, - . . ... ,....... , , ir. ._,....,,,, ,,,,,,_. 1.1,44. / Attu .., --=Th, L______________1 HIT/ 7 . .4..„ atiatg• ik,*ill; ./44,./iiiinuiffilni 1 -,i . ..y.,2**41`ottula ET- liri---------JIfic.:,,, Lbh ,,.-. .-. Thp"c-P :. , s 1 0 i%WI . "160 2 X/ I � ., u. • 1 1 1 y`J'Cw.- I r - r- , ...• •.. OA iiI I * ,„.: ' [ • • ), .:. .. 0�► _. ; . ..b. / - .....i. 10 c .. . t� 1 .• J _ Sy . . • �' •- L1::: �0 0 , ., u : , •::::::::: •• .._____ • . 1 ss;b44 Rom: 1 • 1.r1uL1 I•iw U.64 Mill If KILO twIN .MC. a .. �L:. i), cc, 7,,.00u3017 .......1::...� T. r.r....•---.•«ir w.. r t.N.C.C.:. ..�..ry.`.`:.'ti Iltonc[u,:ls r_r..._. _w.-___ it TOM or RIMMING VOLV sCC. rc,tu _ r •�r_r •1 •1• " • • .r . - 111.c.Cr. POINT Ol COYYENCENC\ Y. rty .:: •.D1,•... rr r1i•-_ W Isl."! •oLM' ,•r1.7rr Pt/a• TRACT U TRACT 11 \ 1.ONlu NORO.000ru C•--..�L1. :a:•=- ,^ix.r..-r:�� -..t'�1::.. -”LI:' .-..., s.nr rl l+,n•ar♦ 11M.u• _ Fes• g• - ••'.•::.:.: L:^.� .:75 n'1'l.' / W,r•r[ Ur,rlr[ ••• 1-•••••-:- ri•'•_ •• •1•.:.ram • M..r \ LLn r•1•.r[ ::L:ii.'� :..—`..mod']L'.'r.:1:i:..r...... Soeee ...v 1..r�/ TRACT I I • • / j'i,a.o JAWS I.rcuar lr.- - • N'h`.r•• .• :T'�c• r� ,_• r`�a�G Mu 22.52 ACRES •• .n.11rrt /.. Ir[ rlr �y None ON j, fires•1r[ att is PC. ••••"'•"�'7: ;;,;• «:R:J: r Il.m cJ VCL..111UYsN "'C 1: jr--••••JIG 3>; w,l�: - :r a 111s AC '� i';L:r•MY •4 • ii:aa.r. 0.11.0 C.1 =..vLr"i•• •:_:•-. l.':r w'5.-• .:::. Wt.7.2 k,14 .•-.I �;� �4M.17. • r .. 'V POINT Or coma/cal . _ r:•J ^'iL�' �'«^-.•....... ::r.: O.II.C.Li •rwlrt/ 1I?WI(I TRACT I -II*-. .r1•i.. 'L'. ....•.. ...per KW lam _ •r.:q:I f::� 1,J..rq!�,� •'y., . -= tan' s.rs • •rr \.rr$..r• ♦ '•.ti•`7L't^—:C' ""' "'.• lira••\ • wnr r. =L_:f'f14r'i �C L1 J"" ...'1�.-�'I�:1-."�l•� -_---_',- couw c NIY �Lr'' -r�___�___�__�_r __—__�_r_�__�___�__�---r-1-� .. r COLLN COUNTY but-Tr z.-..:-:�. � . ��••�7� .- .••• ••.l•�-•� ••+ DAUA7 COUNIY [ 11 •••r♦ •4A1 Cb1NafY Ry::i—. ~E• - .0slwir �,.. siii• urllar♦ w•C ::r:w.«:LI'rs'i.�: -r'i-'1-�'_'.----..• ll \sorwerr Tarr\ ...- ..'.... ..-.w MI)•Yr[` l: r11Y all 1. AC. E^.r+•1i:Y 2:: 0 1r.0 +_-.r.._.. ll4.M• _ilrx.rr C76A.11 PC. -G-c•IK - _:—• 4s1.1s AG IliTRACT 1 1...0r vO1 7D a4A.C1 aua �0 =. _ _ VOL.0 J.IOQ'c iul ....t.«:. 52.84 ACRES --..i,r.w. �� y r em,Nu a k-.I" -ii - .a _— n MrWirt P •-•`•:ate-'YC •..:TL«P•. IOr•�V♦ • --Amor _ .. •�� 41 7151E AG I'h • t:..4 A ::::1 :Loa l- "z=I• y -... NVN1i m rr .�Y�,«t ea ,t) ...I.we..,...... w:.:..O...Ole".OW.. .r...- 0000.{[NO 641 tw..u• •«.�..... r ' w.110770 PC.1u7 11r,.•r. - MR It D.enei. cu4:\ a_AIt ., at9 11..F11m x.`'.V„is w.::....... {:-^i'..`r..::. ."lr•. .r•.r.•. _ w .... .r_ MAY ...rN ter.-.-• 1.161 YYt ��I J1 . .T'•�.�•'• r r !1 wi'`••iL:'i- -�. ws�relr[ ��. 1y:.::..r's••"•may;._:. I..' ..'I�. ' . / UNIT IWI,f4tx - �,• -.. ' -"4BT.'.'1r - `5.C.'•.i1 M.7420 '01, • :C141 Nr.�.'. -.71••L :'fir 5.....i.7...r�-I 1,41 • s uav1 urn•Pc 0120.11 :L :A:i .1� r•�. .{-1•~ .icr • e,ustllo .AI•N YMivlti - r„Y iMir\ • 1•ri,Yr[/ Q. ;VW ,xOOtiiG ...:-, 4G' • y irY O•M.� ONO oare �1«�7k/ •.M• -M........ Mr GN[77 CAllLLO a ... ,ram.r r •...r - .r.r..-.�� .to rr nm«' 1•r1/'i1•♦/ •••i.•Ir1•• • .•s r u..r.ri....»:wr.�.-..-�•r ar.... '''''.:::;•"' TRACT 1 r DLCDYN0IC roc NMl•oCi • •.•ar INAM wniMz THIOMSEN TRACT ::-, RICIIARD NEWMAN SURVEY, ADST. NO. 107; 'a DALLAS COUNTY, TEXAS L W M'M•• ":•�': �1MIrK♦ WRY SIw10N RICHARD NEWMAN SURVEY, ADST. NO. GG0 • •• COLLIN COUNTY, TEXAS r w 2644 1 lYJ 14 SM1 POST. DUCKIEY, ar>m 1 u. 7 7Jt1cJi[r i SCliU1I h )£RNICANl INC. m7.00 nrra°rt`vrt COL. 1-a+-414n K t..r ,..A MM.,• 1-4•-••1-4•1-•r-r••[ laei 71mu oQa nRi7I,tr NllUr'TL11uotTL:m 1e1 •.«s.Ywra.ai..,s.rr WI (1°j j s al (u,)sw-DO >•...r.1 1.1 t for i.a h P .MIi1M ••r ••r D••• T...•Tuna ([11)740-110 • 'Pali.S. - r110 • EXHIBI • Pm C LEGAL DESCRIPTION TRACT I 52.84 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660,in the City of Sachse, - Collin County,Texas and the RICHARD NEWMAN SURVEY,Abstract No. 1072,in the City of Sachse, Dallas County,Texas, and being part of the 411.15 acre tract of land described in deed to C.J.Thomsen, recorded in Volume 78045,Page 4135 of the Deed Records of Dallas County,Texas, and being more particularly described as follows: COMMENCING at a point in the northwesterly right-of-way line of Sachse Road (variable width ROW)for the northerly most southeast corner of the beforementioned 411.15 acre tract; THENCE with the northwesterly right-of-way line of said Sachse Road and the southeasterly line of the said 411.15 acre tract,the following courses and distances to wit: South 45'02'46"West,a distance of 568.71 to a point for corner, North 87'55'14"West,a distance of 27.68 feet to a point for corner, South 45'31'03"West,a distance of 338.72 feet to a point for corner, South 46'13'42"West, a distance of 1230.10 feet to a point for comer, South 46'20'21"West, a distance of 861.96 feet to a point for the beginning of a tangent curve to the right, having a central angle of 14'47'00", a radius of 666.34 feet and a chord bearing and distance of South 53'44'12"West, 171.45 feet; Southwesterly with said curve,an arc distance of 171.93 feet to a point for comer, South 61'07'42"West, a distance of 0.80 feet to a point for the beginning of a tangent curve to the left,having a central angle of 14'21'58",a radius of 653.29 feet and a chord bearing and distance of South 53'56'43"West,163.38 feet; Southwesterly with said curve, an arc distance of 163.80 feet to the POINT OF BEGINNING and the beginning of a curve to the left, having a central angle of 04'29'01",a radius of 653.29 feet and a chord bearing and distance of South 44'31'52"West,51.11 feet; • THENCE continuing with the northwesterly right-of-way line of said Sachse Road,the following courses and distances to wit: Southwesterly with said curve,an arc distance of 51.12 feet to a point for corner South 42'17'21"West,a distance of 147.20 feet to a point for the beginning of a tangent curve to the left,having a central angle of 07'57'01",a radius of 1196.28 feet and a chord bearing and distance of South 38'18'50"West, 165.86 feet; Southwesterly with said curve,an arc distance of 166.00 feet to a point for comer, THENCE leaving the northwesterly right-of-way line of said Sachse Road,the following courses and distances to wit: North 43'06'59"West,a distance of 411.81 feet to a point for corner, South 60'16'45"West, a distance of 670.66 feet to a point for comer South 76'08'05"West,a distance of 416.32 feet to a point for corner, South 52'13'06"West, a distance of 158.15 feet to a point for the beginning of a non-tangent curve to the right, having a central angle of 07'54'32",a radius of 1940.00 feet and a chord bearing and distance of North 29'50'13"West,267.57 feet; Northwesterly with said curve,an arc distance of 267.79 feet to a point for corner; North 25'52'57"West,a distance of 184.47 feet to a point for the beginning of a tangent curve to the right,having a central angle of 20'41'22",a radius of 590.00 feet and a chord bearing and distance of North 15'32'16"West,211.89 feet; Northwesterly with said curve,an arc distance of 213.05 feet to a point for corner, EXHIBIT C: - } North 84'48'25"East, a distance of 198.90 feet to a point for the beginning of a tangent curve to the left,having a central angle of 28'17'52",a radius of 470.00 feet and a chord bearing and distance of North 69'02'27" East,229.78 feet; Northeasterly with said curve, an arc distance of 232.13 feet to a point for corner, North 54'53'31"East,a distance of 387.80 feet to a point for corner North 55'42'07" East,a distance of 62.23 feet to a point for corner, North 76'10'19" East,a distance of 707.36 feet to a point for corner; North 30'24'22" East,a distance of 127.63 feet to a point for comer, North 03'13'17"West, a distance of 281.43 feet to a point for the beginning of a tangent curve to the left, having a central angle of 27'29'39",a radius of 565.00 feet and a chord bearing and distance of North 16'58'06"West,268.53 feet; Northwesterly with said curve, an arc distance of 271.12 feet to a point for comer, North 30'42'56"West, a distance of 325.85 feet to a point for the beginning of a tangent curve to the right,having a central angle of 38'17'00", a radius of 139.76 feet and a chord bearing and distance of North 11'34'26"West, 91.66 feet; • Northwesterly with said curve, an arc distance of 93.38 feet to a point for comer, North 07'34'04" East,a distance of 139.95 feet to a point for the beginning of a tangent curve to the left, having a central angle of 07'03'46", a radius of 295.00 feet and a chord bearing and distance of North 04'02'11" East, 36.34 feet; Northeasterly with said curve, an arc distance of 36.36 feet to a point for corner, North 00'30'18"East,a distance of 120.26 feet to a point for corner; North 65'09'44" East, a distance of 62.21 feet to a point for corner; North 73'44'51" East, a distance of 798.92 feet to a point for corner, North 26'14'35"West, a distance of 592.82 feet to a point for corner, North 58'52'01" East, a distance of 207.03 feet to a point for corner intersecting the westerly city limit line of the City of Wylie per Ordinance No.86-93; THENCE along the said ordinance line and along the centerline meanders of Muddy Creek,the following courses and distances to wit: South 45'41'54" East,a distance of 118.66 feet to a point for corner, South 82'50'14" East, a distance of 63.71 feet to a point for corner, North 76'24'46"East, a distance of 130.00 feet to a point for corner; South 00'20'14"East,a distance of 184.00 feet to a point for corner, South 57'05'14" East, a distance of 179.00 feet to a point for comer, South 19'09'46"West, a distance of 91.00 feet to a point for corner; South 75'09'46"West, a distance of 134.00 feet to a point for corner, South 16'20'14"East, a distance of 96.00 feet to a point for corner; North 85'54'46" East,a distance of 143.00 feet to a point for corner, South 17'35'14"East,a distance of 140.00 feet to a point for comer, South 66'54'46"West, a distance of 86.00 feet to a point for comer, , South 25'54'46"West,a distance of 100.00 feet to a point for comer, South 47'54'46"West,a distance of 137.88 feet to a point for the southwest corner of said ordinance line. The same being the northwest corner of the City of Wylie Ordinance No.96-32; THENCE with the westerly line of the said ordinance and along the centerline meanders of said Muddy Creek,the following courses and distances to wit: South 47'54'46"West, a distance of 35.12 feet to a point for comer, South 01'39'46"West,a distance of 139.00 feet to a point for corner, South 13'39'46"West, a distance of 140.00 feet to a point for corner; South 52'39'46"West,a distance of 240.00 feet to a point for corner, South 03'20'14"East, a distance of 210.00 feet to a point for comer, South 43'09'46"West, a distance of 290.00 feet to a point for corner; South 16'39'46"West,a distance of 210.00 feet to a point for comer, South 22'39'46"West, a distance of 160.00 feet to a point for corner, South 08'02'14" East, a distance of 296.00 feet to a point for corner, South 31'39'46"West,a distance of 215.00 feet to a point for comer, South 46'35'14"East, a distance of 191.00 feet to a point for corner, North.41'09'46"East,a distance of 131.00 feet to a point for corner, South 76'35'14"East,a distance of 49.00 feet to a point for comer, South 11'39'46"West,a distance of 155.00 feet to a point for comer South 28'20'14" East,a distance of 54.36 feet to the POINT OF BEGINNING and containing 52.84 • acres of land. TRACT 11 22.52 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660, in the City of Sachse, Collin County,Texas, and being part of the 411.15 acre tract of land described in deed to C.J.Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Collin County,Texas,and being more particularly described as follows: COMMENCING at a point in the south line of the 199.27 acre tract of land described in deed to George Lewis, recorded in Volume 3305, Page 163 of the Land Records of Collin County,Texas for the northeast corner of the beforementioned 411.15 acre tract;Thence with the north line of the said 411.15 acre tract and the south line of the said 199.27 acre tract, North 88'01'56"West, a distance of 2450.15 feet to the POINT OF BEGINNING; THENCE leaving the north line of the said 411.15 acre tract,the following courses and distances to wit: South 01'23'14" East,a distance of 84.00 feet to a point for comer; South 38'50'14" East, a distance of 80.97 feet to a point for corner, South 58'52'01"West,a distance of 498.28 feet to a point for the beginning of a tangent curve to the left, having a central angle of 32'46'15",a radius of 275.00 and a chord bearing and distance of South 42'28'53"West, 155.15 feet; Southwesterly with said curve, an arc distance of 157.29 feet to a point for corner, South 26'05'45"West, a distance of 408.27 feet to a point for the beginning of a tangent curve to • the right,having a central angle of 12'06'05",a radius of 125.00 feet and a chord bearing and distance of South 32'08'48"West,26.35 feet; Southwesterly with said curve, an arc distance of 26.40 feet to a point for comer, South 38'11'51"West,a distance of 25.45 feet to a point for the beginning of a non-tangent curve to the right, having a central angle of 16'34'17",a radius of 125.00 feet and a chord bearing and distance of North 22'57'42"West,36.03 feet; Northwesterly with said curve,an arc distance of 36.15 feet to a point for the beginning of a circular curve to the left,having a central angle of 241'44'32", a radius of 50.00 feet and a chord bearing and distance of North 35'45'46"West, 85.83 feet; Northwesterly with said curve,an arc distance of 210.96 feet to a point for comer, North 59'17'41"West,a distance of 1166.43 feet to a point for comer, North 53'10'47"West,a distance of 98.23 feet to a point for comer, North 78'40'11"West,a distance of 116.67 feet to a point for corner, North 11'19'49"East,a distance of 83.81 feet to a point for the beginning of a tangent curve to the left,having a central angle of 08'56'05",a radius of 620.00 feet and a chord bearing and distance of North 06'51'47" East,96.58 feet; Northeasterly with said curve, an arc distance of 96.68 feet to a point for corner; North 02'23'44"East,a distance of 31.76 feet to a point in the north line of the said 411.15 acre tract and the south line of the 195.939 acre tract of land described in deed to Belco Equities, Inc., recorded in Collin County Clerk's File No.95-0003093 of the Land Records of Collin County, Texas; 1 wilco lOtAD15 P.G. ` t Ec' r:."._..'� �r--•T.`Y.• nclas ;1i CC. /V5-DW3U93 ► {9A .:I�.L.. F..:.:J ..r.........'-'.....rr..... 1. I.N.C.C.I. 199.77 AC. r,.'.,r •-• ••_••••••` III CCORCE u.1S I y:r C L r......r7.r.:•::rM y t=L=...--Y-.- POINT OF BEGINNING VOL.3305.PO.163 t;, r»•y.t _,,,:,,,, r��»,r �` • ",%a•r1 •7•lr ... L.R.c..r. POINT OT GOI II C:� ,•. .,yrtrrr[ •o.3r• >•Iw, TRACT II \\\ :„._ S.Pa*1!r TRACT 1l 1.o11W Iw1MCNRocRu `C• ��'�.�•••.r �+•�•'L••«rT.'^' ' '�.� \"'L. r». - .......... .orfrlrt E�.J... . ......�.;.�.'P•d:r.1..........0'.':Z...�...� I.- a`�r1 Slit fn.,1.'[ ..rol'><. Ibe.q' r • •••I p -•• t • i'wr'r' _ r.11. ..,r.......i ..... ... �•,•r 9lrfr r[ • 1.rfsH[ Y. «�T.'id'1• .�.1'3. »» ..'_ rr1 .o.rr /uf. >nr.rc ..:L "L:.:.'.:: :.'.]4 ^k"ir:..' .:; f TRACT II /ile.ar .. ter...:."..-.�.�r.:... ..... r uJ10..ry • JNRS R.KCUAY.JR. r» 9.u• 22.52 ACRES .r .Mr' r•�:: h'r .`. .5:R:« .»".`......C` ».."�::�':. ` �.. ;Mr' Na ![ L •1tir:`1^d ti^C2 _ _ • t� ffrrrl![ 411.15 M.1.4 Dr ,..r.,�;�.rw`„....+•rr.r rmoo rrr as.on mama. r I/moo C.J.THIAMIN • -' ry,it^ �' VOL N7 PC.6r ..•'.�i•S•"`ri....�+^MI y:1«-1�Y.�iy�r:.11G..7 T�•�:'7� ,,. •I.. ,.. • .• s.rwvr. D.R.CC.1 .•. r_ .. r ..... . r C.J.111.40.9CN • N.y«.-: o-1::... •. Tux? • :'C�.4.r.:�L : 9.•••I!•r. ..La.'C I.. .=7. VOL.7.7 PC.N f7reavr. vrwvrr ��^` 0 6 CC.i •'"a:rL I V -•er.fr : `�If•'0D' POINT OF COIO/LNCING •R� C▪ 11•r5••»• r •,, »..r .. Mol!(/ ',TWICE TRACT I TV'iI 1'-J+" : HC�..•:^.- N. .-.n»• H.er /1.9Ar CM ,If: .i .'.'i1 ... 'r • • » o-h•.r:`e''r. »� 3 eo f.rf.vr. �R:!.`Inf.:'1... m:: P?''.3=:r.::.:1�... .r.. COLLIN COUNTY '..Twv![ r.»1•,•$ 4 :`LL....y�vr-LxC»L • tr"Tr"'.i.� w -_---_ _ �iLf.' n.♦r y COLLIN COUNTY .W'..'L1. :' .... r . .....'-.. . .•41 OALIJTCOUNTY __�_r_-__ rr .r_ - lig• -�ALtAM CbUN� I▪ R�..4:� :: .1J�:.`.CC �: wlrNx[�_ ...c.....,..\ �7 13t.eD' iM.111 - .»w..,»r.r,..�.»r..r.ea swam I l..n' _1.r3r.f. G.J.1110AMCN CCpp 1= I.:l[r�..l. rr.•L.'^�.. INAe' VOL 70045 PC.4135 3••�'� EP=3 i:'« 411.15 AC. .`t1I ��`'I� TRACT I , D.R.D.C.1 g • C.J.11gP5tN err�IMI..•1 52.84 ACRES t,4 .ur1••r. go II' �r`^r.` ;FI- L. ▪ Or: VOL. MKS P0..U5 D RD.C.T 7.o.ar :Lz.:: :L r •. JAY BRUNEA :�.". 1• `3 -UV" • `.. o.: mu w .....rr• �.».....r 'n°'>-fr: fla.oa ".L."i4�.:r� :",,5:,.. ...► S.rw••fr riPi M'1 •. ..�{ Br •411'War ORDINANCE NO.510 ..ram::»..:•.:w......w M .910230 PC.1293 '�•1.6 A' 31r].•.!r ... .... :•:�.r�.r.r•.» D.RD.C.T. 31e3V\ 11R13 RHK)DIS p f[DM • N1rf.•fT[\ .OAT C60 • " 73.1 "r..= :•:.•'r 'I.wr....^.▪ .^"7 r.. r.rr»r fore I![ .:::M:%nr17:":=:.• .fi.'R:..'I.:.T... .,tr,r`! n, 5,0 -1, L v':wT'i. wC:w:.`r La.•ir�•i.:'i • .65 r,ro r G7.'.I:Tr,.,l:ri • i w~ w 1:.I'u�.�.'.�il•ra •1 sin..r. a'I15 µ.�..^ ...� W_'i*'.:LZ �•«. -:.'::.. ter... 31aer` rtr3f•1![ J VICTOR N�ff'4dS+1t. :«..--r A% 'rl.» •• ' .rrr BR mo JUAN MARTNCI .II z....:d:.. N. y' .`+r A.NT\1 WWI E Iry IIDOCTTCR ...�r L.".I .":)1:2.vT ».'ir▪ : r'.Z.:::::� L',�'L.`:` 011. ..r n.. _..7. / s♦r.r•r. .-•w..• i_., .:?.......A...._ .YI.w...r..•r.w..A .r..•r r. i^or• 0...»1i:luj.� r.r 1-1.,.rM• IRN[ST CASIK.LO �`:^�I'.3..:'::.�..'.L�':..r�.rr...»^1.3:.L 1.%. r...rrr `J4. r.nrar./ ,11. .Yr o-u•.Ir POINT OF BEGINNING •,,r TRACT I PDC LAM P.= wRA wn1Nc[ TIIOMSEN TRACT • i^. t/ [0'" ;' RICHARD NEWMAN SURVEY. ADST. NO. 1072 { N�n r•. �,nr1rl. DALLAS COUNTY. TEXAS r,IAMRr SrAroN RICHARD NEWMAN SURVEY. ADST. NO. GOO ' COLLIN COUNTY TEXAS • w 5 POST. BUCKLEY. onto• ArruCAlcT I D.1.•fl...t.Si.INDT SCIIUH St JERNICAN INC. CJ•=ORM 111100 DTTEORIODIT COMP. KwYr.y..Mktrrr t..A ray• w,r•••w•w...ql r MOOS 7VIRlJ1 OI9R DIMtf trios ram(t3DtT. M.9r9 • rrrr f..�v..4 WO,l..p.EOM MULL MAR 79110 DAILB.Tina tl111 19 I0..A 11..1 r t [ru...Teo.mesa It u)3r0-:rDr (ur)9J1-uu (a I.)rr0-Iron J..11►1 10111.10 - IM .rr Ter - _- • . «•11r I• .Mt NO, EXHIBIT • Sent by: ARRBJ 972 562 0202; 01/09/98 3:42PM;Jef #606;Page 12/16 • CITY OF WYLIE,TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 52.84 ACRE TRACT OF LAND, MORE OR • LESS, SITUATED IN THE RICHARD NEWMAN SURVEY, ABSTRACT NO. 660 AND ABSTRACT NO. 1072,BEING PART OF THE 411.15 ACRE TRACT OF LAND DESCRIBED IN DEED TO C. J. THOMSEN, RECORDED IN VOLUME 78045,PAGE 4135 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHT AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT A OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERAI3ILITY CLAUSES; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council"),investigated and determined that it would be advantageous and beneficial for the citizens of the City of Wylie,Texas ("Wylie")to exchange certain tracts of land being developed by Woodbridge Properties,LLC with the City of Sachse,Texas("Sachse");and WHEREAS,the City Council,under the authority of its Charter and various sections of the Local Government Code,further investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Sachse; and WHEREAS,the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with in conjunction with the Boundary Exchange Agreement pursuant to Chapter 43 of the Local Government Code;and WHEREAS,prior to conducting the public hearings, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and QRI)INANCE ANNEXING 52.84 ACRES,CITY Of WYLIE,COLLIN COUNTY,TEXAS-Pogo I ry(1:\mtmxBlwylic‘onnex152114.or0/010998 Sent by: ARRBJ 972 562 0202; 01/09/9B 3:42PM;fetrax #606;Page 13/16 WHEREAS,before the publication of the notice of the first public hearing regarding the annexation of the Property,the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth(40th)day but before the twentieth(20th)day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90)days after the City Council instituted annexation proceedings;and WHEREAS,the City Council finds that all legal notices,hearings,procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP WYLIE,TEXAS: ORDINANCE ANNEXING 52.84 At:RES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Psse 2 rbA;lmbox81wytie‘unnex\5284.ordi010998 Sent by: ARRBJ 972 562 0202; 01 /09/98 3:43PM;Jx #606;Page 14/16 SECTION I: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: The Property described as follows and all public streets,roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie,to-wit: BEING a 52.84 acre tract of land,more or less,situated in the Richard Newman Survey, Abstract No. 660 and Abstract No. 1072,being part of the 411.15 acre tract of land described in Deed to C.J. Thomsen,recorded in Volume 78045,Page 4135 of the Deed Records of Dallas County,Texas and being more particularly described by metes and bounds in Exhibit"A"attached hereto and incorporated herein for all purposes. SECTION 3: The Service Plan for the Property is attached hereto as Exhibit"B"and made a part hereof for all purposes. SECTION 4: That from and after the passage of this Ordinance,the Property shall be a part of Wylie,and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 5: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie,Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County,Texas. SECTION 6: It shall be unlawful for any person,firm,corporation or business entity to make use of the Property in some manner other than as authorized by this Ordinance and Wylie's Comprehensive Ordinance No.91-24,Chapter 12,Exhibit A,and any amendments thereto;and it shall be unlawful for any person, firm,corporation or business entity to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Wylie's Comprehensive Zoning Ordinance No. 91. 24,Chapter 12,Exhibit A, and any ORDINANCE ANNEXING 52.84 ACRES,CITY OF WYLIE,COLLIN COUNTY.TEXAS-Page 3 rb/I Ambox8Vwylielarncal5284.ord/010998 Sent by: ARRBJ 972 562 0202; 01/09/98 3:43PM;J X #606;Page 15/16 amendments thereto. SECTION 7: Any person,firm,corporation or business entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 91-24, Chapter 12,Exhibit A,or as amended, shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,state and federal law. SFS:TTONA- Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections,sentences,clauses,and phrases be declared unconstitutional or invalid. SFCTTON 9: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict,and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 10: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie. This Ordinance shall be in full force and effect from and after its adoption by the City Council,unless otherwise required by law and then shall be in full force and effect upon such compliance. ORDINANCE ANNEXING S2.b4 ACRES,CITY OF wYLIE,COI.f_IN COUNTY,TEXAS-Page 4 rb/lAmboxinuylie\a:Y x152(0.ord/014999 Sent by: ARRBJ 972 562 0202; 91/09/98 3:43PM;J X #606;Page 16/16 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this day of 1998. JIM SWARTZ,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: SUSAN SHULER ABERNATHY,ROEDER,ROBERTSON City Secretary BOYD&JOPLIN,P.C. RICHARD M.ABERNATHY City Attorneys DATE OM PUBLICATION:. _ wydc Ncei DRDINAINCt ANNEXING 52.94 ACPIS,CITY OF WYLIE.COLLIN COUNTY,TEXAS-Page 5 rbIl:4nboxStwylie\annex\5284.Drd/010998 • •i CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: ACRES SURVEY, ABSTRACT &COUNTY: • Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas, at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services,within the limits of e>asting personnel and equipment and in a manner consistent with any of the methods of the City of Wylie,Texas, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police • services consistent with the characteristics of topography, land utilization and population density within two(2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. • 3. Upon ultimate development of the area, the Same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City of Wylie,Texas,extends fire service to any other area of the municipality,will be provided to this area within sixty(60)days of the effective date of the . annexation ordinance. Page 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within two (2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. • C: ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1 . Enforcement of the Otis environmental health ordinances and regulations, including but not limited to,weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to • ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services, 3. The Citys zoning, subdivision, sign and other ordinances shall be enforced In this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4, All Inspection services furnished by the City of Wylie, but not mentioned above, will be provided to this area beginning within sixty(60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. Page 2 D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter_ encompass this property,and it shall be entitled to consideration for zoning in accordance with the Citys Comprehensive Zoning Ordinance and Comprehensive Plan, E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance, 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Wylie. This property will be included in all plans for providing parks and recreation services to the City. 3, Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION • 1 . Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60)days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City of Wylie, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid wast collection shall begin within sixty (60) days of the effective date of the annexation ordinance. • Page 3 • G. STREETS• 1 . The City of Wylie's existing policies with regard to stoat maintenance, applicable throughout the entire Ctty,shall apply to this property beginning within sixty(60) days of the effective date of the annexation ordinance; Unless a strcot within this property has been constructed or is improved to the Citys standards and specifications, that strcct will not be maintained bythe City of Wylie. 2. As development, improvement or construction of shoots to City standards commences within this property, the policies of the City of Wylie with-regard to participation In the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to strcots within this property which have been accepted by the City of Wylie as Is provided to City strcots throughout the City. 4. Strcet lighting installed on strcots improved to City standards shall be maintained by either TU Electric or Collin County Co-Op In accordance with current City policies. H. WATER SERVICES 1 . Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with • existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. ON participatior in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2)years from the effective date of the annexation ordinance and substantially completed with four and one-half (41)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. Page 4 I. SANITARY SEWER SERVICES 1 . • Connections to existing City sanitary sewer mains for sanitary sewage.service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations-installed or improved to City standards, located in dedicated easements,and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60)days of the effective date of the annexation ordinance. • . • 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half (41/2)years after that date, • J. MISCELLANEOUS .1 , Any facility or building located within the annexed area and utilized by the City of Wylie in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration and administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. Page 5 WYLI E CITY COUNCIL ;41/141' ACTION AGENDA COMMUNICATION ITEM NO 14 January 13, 1998 Issue Consider and act upon the approval of an ordinance for the disannexation of 15.61 acres out of the Richard Newman Survey, Abstract No. 660, Collin County, Texas and being part of the 195.939 acre tract of land described in deed to Belca Equities, Inc., recorded in Collin County Clerk's file no. 95-0003093 of the land records of Dallas County,Texas. Background The Wylie City Council on February 24, 1997 gave approval to Herzog Development Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary exchange between the cities of Sachse and Wylie were discussed during a January 1997 work session and action was formally taken at the October 28, 1997 Council Meeting. The proposal to exchange boundaries arose after a thorough evaluation of the conceptual plan. A conclusion was made that it would be difficult to provide some city services to several of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically separate 43 lots from the approximately 940 lots to be developed within Wylie. The only access to these 43 lots would be from a thoroughfare extending east from State Highway 78 and located in the City of Sachse. Attachment B shows the city limit boundaries between Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the proposed city limit boundaries. The Boundary Agreement requires an exchange of land between the two cities. Wylie will disannex one tract into Sachse's ETJ totaling approximately 15.61 acres, that are shown in the original conceptual plan as 43 lots. Sachse will disannex three tracts into Wylie's ETJ, totaling approximately 78.57 acres, that are shown in the original conceptual plan as a portion of the golf course. The cities will then annex the tracts within their ETJ. The tract of land which adjoins the Sachse's city limits, but presently now lies within the city limits of the City of Sachse, is a 22.521 acre tract of land, described on Exhibit "C", by metes and bounds. By annexing this property, the City of Wylie will obtain the extraterritorial jurisdiction to said tract so that the tract will belong to the City of Wylie. The total acreage has been highlighted for your review. These totals have been adjusted to reflect a correction, and will differ from the previous Public Hearings of November 11, 1997 and December 9, 1997. After the first public hearing it was brought to attention of City of Wylie Staff by Sachse officials that the 3.21 acre tract should have been a part of the annexation process rather than a disannexation. These totals will reflect the accurate land exchange. The process to annex the 3.21 acre tract will begin with the first public hearing on January 13, 1998 or Agenda Item Number 9. Action Agenda Item No 14 Page 1 Background_ continued Under this agreement, the golf course would be located solely within the City of Wylie. The 43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square feet. A golf course is a very popular and important quality of life amenity that is a proven draw for residential development and a valuable business/commercial development tool as well. The overall value that the golf course represents is of greater value than the loss of property tax revenue. In addition, the city would no longer be responsible for the provision of services to the 43 remote lots. The time line for the disannexation is as follows: First Notice to the Paper October 29, 1997 First Public Hearing November 11, 1997 Second Notice to the Paper November 26, 1997 Second Public Hearing December 9, 1997 Adopt Ordinance January 13, 1997 The approval of equal access demonstrates an act of good faith and cooperation by the City of Wylie. It is anticipated in the future that there will be several issues in which a level of cooperation will be necessary between the two cities. Financial Consideration The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the average value of the homes constructed was $125,000, the annual property taxes paid per year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690. The Collin County Central Appraisal District has provided information to the city that establishes the assessed valuation of a golf course is calculated at $10,000 per acre plus the value of the golf course. Preliminary plans show that the golf course will be constructed on 170 acres and will be built for approximately six (6) million dollars. Based on these figures, approximately $47,000 would be generated in property taxes per year at the current tax rate of .0665. Additional revenues will also be generated through sales taxes collected on green and cart fees and merchandise and concession items in the Club House. Based on revenue of one (1) million, the combined sales taxes collected for the general fund, 4A and 4B would be $20,000 annually. The golf course will also use a large amount of water. Specific details regarding amounts of water are not known at this time. The golf course will open as a privately operated facility. The city has no financial obligations. Action Agenda Item No 14 Page 2 Other Consideration Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust boundaries. Wylie will also be required when the annexations are considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed areas and use it as directed in said statute. Board/Commissi9_n_Recommendation N/A Staff.Recommendation Staff recommends the annexation of the property. Attachments Exhibit "A" from the Boundary Agreement Existing City Limits Boundaries Map Proposed City Limits Boundaries Map Disannexation Ordinance Auz. -014 repared by Revi ed b Finan e City Manager Approval Action Agenda Item No 14 Page 3 PBS&JtJAJOB\95131 OOILGIANNEX6.LGL LEGAL DESCRIPTION 15.61 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660,in the City of Wylie, Collin County,Texas, and being part of the 195.939 acre tract of land described in deed to Belco Equities, Inc., recorded in Collin County Clerk's File No. 95-0003093 of the Land Records of Dallas County,Texas, and being more particularly described as follows: COMMENCING at a point in the north line of the 411.15 acre tract of land described in deed to C.J.Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Coffin County, Texas for the southeast corner of the beforementioned 195.939 acre tract; Thence with the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract, North 88°30'15" West, a distance of 406.46 feet to a point for corner;Thence continuing with the south line of the said 195.939 acre tact and the north line of the said 411.15 acre tract,North 87°58'43" West, a distance of 724.22 feet to a point in the south city limit line of the City of Wylie per Ordinance 85-26 for the POINT OF BEGINNING,from which the southwest corner of said Ordinance 85-26 bears North 87°58'43" West, a distance of 436.45 feet; THENCE continuing with the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract and the said south city limit line, North 87°58'43" West, a distance of 436.45 feet to a point for corner; THENCE leaving the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract,the following courses and distances to wit: North 02'32'02" East, a distance of 1907.96 feet to a point for corner; North 60'17'21" East, a distance of 66.62 feet to a point for corner; South 24°17'09" East,a distance of 139.45 feet to a point for the beginning of a circular curve to the right, having a central angle of 127°18'20",a radius of 50.00 feet and a chord bearing and distance of South 14°15'48" East, 89.61 feet; Southeasterly with said curve, an arc distance of 111.09 feet to a point for corner; South 25°25'48" East, a distance of 150.57 feet to a point for corner; North 64°39'29" East, a distance of 36.60 feet to a point for corner; South 25°20'31" East, a distance of 174.71 feet to a point for corner; South 05°39'06" East, a distance of 365.93 feet to a point for corner; South 02'49'35" East, a distance of 557.38 feet to a point for corner; South 00'12'55" East, a distance of 25.06 feet to a point for corner; South 02°23'44" West,a distance of 516.88 feet to the POINT OF BEGINNING and containing 15.61 acres of land. Bearing system based upon the bearing of North 53°04'39" East between the Texas Department Monuments No. 31 and No. 33 of the horizontal control for the improvements to State Highway No. 78, based on the North Central Zone of Texas State Plane Coordinates. • • • EXHIBIT . fT • f • • • • EK1- CG ��\ LAW. NNW.. •1-Oaalll L1Iti. 11•11•C VDU C WM...I YI•O• WM WA N•QY•MI �Q. Alu Oaf atucct. • LEOAL DIUMI•TICM L&I. 17.01 ACME 4V, WY•YO r Iwo.it r—MONO WNW tlln5Y.w.u•••1m MI I.V.PSI.J►11•.t nti P.S.1r G ' J Nil^•••Vat•I Lr►..NNrr N ar w►. M•tSa I•a..vr OLr O•••Ca �• Iiw: II r trr ter r wr O•IL P.►n••'I/a1a.Vl.NfW S.Wr ��A_.�/ b•SCN Y••.I4 N V. Ism.1 IN all■aT Wall r 1N•N.r5r r.r►CA.1r1 ISO •tip NV•Y74t/ s M r 11N Or►a..r Call.OWNS IN....•...Ir.1 Nna M WN blNMrr sat.•/a r_I 5 at I•rm•I•••Yi►e.•/.r m%m%mu mdl.. Now V.•nS.Iw of Na Y Y•a.N Vt N Ye•6.1.I.N or vs•.••II a•t Wet.tarn tl•Y V 1 M•O 1•••. •. of M.M la•NM•.1•N•.In INN I.N of.I.Ca,.of SW.*••••Ma R Ipwt ►. ••WY 1 Yr••le tt.as• •• We•••••e all% r r M54 Oa•rr WWI 1. •—...MY••.•••••w.r r•Y 1— 1 a••Y! •M we on.W.r V.a Y r a.W wl N r IN N a I.r we Ms.1 r On V•g I. Ms• S•w.14V WM 1.••aura NIL.'r►•ad.n r 431115 OM IS•rwt 1r Owl{ • WYQ 1r•I5 w rr•lb.r NN mad P.mew Y•Y NY P.N.4N r NN ar•UY w Ilr•.ON Wlrn • Ns.. sr.�NI 0.:,••••(1•. alrSSN r YHI5•w 1.•••M O.Ie V% 1.M T.•U.'1.•l•omega••r 1]•A N I S.Id i••••w•V••WM•.r••Y•••••W 1•.•s rota.IN.Y. •...-Si 0.10 J a,tillY.••.I..J I.1•►••w••. N.N.NY 1..1w r••.Y'O'a'I . ILIA K 110 ACRES ai rat.fIy Nr.n•• r Y,s—Y•tr•••..•w• Safi v 1•NW0 IU.i101.L.P. KILO MANS.WC. u.seat Y•1� eta..r sO MI►•Fw r....., C.CI.I IS-000.10IS I1.16 Ur[ma r.r r AM 1.4 a•r..P.Wnr. nrl L•.0 C.i. •••••roll• r 11r••I.••••••�••••. • M..NV 1� M rat It••M•••••N ar a.••• • • ..�I •.N.a•YI••fem. Omura a M Y•INN ' �14..-•-' W WI low ma. ►••A r M.M is Vs NMI O•••:MW P.•N••••YO WM Nr r b.•. J��I•r 1•N•.yam W.a•.a N..�.1 adN••.Y V f•I.••Mir M Ir Owr*.*N.•••••la.II _. ,.ir• - 111.•, t:UN.'atU • . r.l .Na• .. ..•a••wM.o.•M ..P.a•r.....e mar.o M...•I.• a r r 1•. o.1a•✓t • own,fI 1••I ISO SDV% li . WUXI ICW11CS.•G • • C.C.I.j 611-050.1003 • LS.C.C.1. • 1. • • • • Mg*" IS IC. j LSO•PKIME10S • VOL.13I1/0.411 LI1.C.C.T. ,/iPOIhT OP OCCINNWC POINT or COMMENCING • • \n, .>•N "W~ "`"1 • �.w ANNEXATION EXHIBIT 411.11 aC DELCO TRACT u*02"'66 RICHARD NEWMAN SURVEY, AIIST. NO. 66 1" LCI..0 Z PC 1• COLLIN COUNTY, TEXAS 1. ti • POST. HUCKL Y• lam, APPLICAJIT, •.w I MN..SL trs SCIIUII k JF.RNICAN INC. S=0 t Matt NC. •• OniLOPIONT MM. ...•ter. 1...1 ILamy• I••••.•Nty•a..I.n,y I/. Vi+l.00i WS,WIT.411 lit./•I.Clon".1.Sri SIS 1N••7u•aNr4 Os.,]...1.VA PIS) ��a•C•.Ia.. •..•Nt• Oillai.TILL I u11• Mewl Ps 1 r, •••l•.INN IOW% WWI s•O-•roll PIS)�t)•11-lsw ..U1/)N•-1Yrt a. ..•..•N.•• !.•N.•••III.M IM rod, 111LL 1•.II NO11 • • Attachment B Existing City Limit Boundaries - Wylie/Sachse Jar A ,,♦<�UIIp1111ff1iltlll111i11I�� igg ii• 1 �'�� `'� O�1�.i f ��3,�IW11111111►♦♦�� fan �%, _ , ,. _yam♦ ,�♦i• �1�;�'�� U 1111�% 1 num..... ,..: Z 1 ,_ �0 = ' � ,;`,Ql11ff, iWIIII /,. `� ��♦♦♦�i�iii�� ♦� fi111f�lllllllp111�� „ ,._ ;. ♦i�i�� ..*O� ♦♦,�t�f111f<71111111111111/_ ( 1 17 ♦ ♦ ♦ II ♦ r =i U 4ri III- � ` �� Ole So a?� 11111 : \s'z`•- ` - � ♦i ii�♦�I��I�I�� :�IIIIII -; � S ♦ji i �► yrjl I�III ----� �"-- �� o t I.i�: I.i�III�� I��IIII/I111 - ---� ��. ir d ` • �t� I��I�� IIIIII �p •ice` ♦ ff/ No Allialltkr---Siselo • ll' 4:' — I— —It!— 4r7::t-r2q -i'L-LI i"lin Ceurty ef-0 , - 7.4 1.44., v .... ..... L...i.'; ._... i .i 1 Pi.• I ED,IK\___U _.. 41n j? ? ---,..) '- ' . ' -r,'- [I9 4:7--- Q.'. - - • - - HU. *1:.i i l '/A,, o .7/ __,i Icbx Sa Roi! Attachment C Proposed City Limit Boundaries - Wylie/Sachse X , , / • �' V. � rmuntly)UI r iu mUm►4 % tt ifelir" # .. HIM a MIA tl \.%-'1 : :4, 41' S‘le. OR4I 1 il it I 1=11 216, I I f t 1� ♦ 0; orio • �' I ptllllll \.>. . . 2" A <k_i bun Ill i �i ♦ i�i� �i Ilruc_s% , • �♦f i� �•�>��I�� IV41u If oo?er RI ,�� qLP ♦. �', IIjinnu 71 — .?(71--- i . -%*,--..'44 .(1' res s Q ra iii 11011$0 2/ i 010 v IN ,b L , ir-in--1 ^I� I...ca„ri Ofir'l �. 0 . / .1--- 17,::c..c. , -C-n7-0. LA,\ eve Or 1:::: .:: (C11 -3. ili *V* 1P.• • I 71 .: •::: ';i U I • • LIO • e 1. • 1 � - _,b.c' 1 .I r • 1iii-i--_-______43,:i„., ... . O • .0. �O Q 1.,_:„_. .,. ........72 , (-7 .. .. At.f- :yse Roa3 Y i Sent by: ARRBJ 972 562 0202; 01/09/98 3:40PM;J #606;Page 4/16 CITY OF WYLIE,TEXAS ORDINANCE NO. AN ORDINANCE DISANNEXING A 15.61 ACRE TRACT OF LAND,MORE OR Fi LESS,SITUATED IN THE RICHARD NEWMAN SURVEY,ABSTRACT NO. 660,BEING PART OF THE 195.939 ACRE TRACT OF LAND DESCRIBED IN DEED TO BELCO EQUITIES, INC. RECORDED IN COLLIN COUNTY CLERKS' FILE NO. 95-0003093 OF THE LAND RECORDS OF DALLAS COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT A OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council"),investigated and determined that it would be advantageous and beneficial for the citizens of the City of Wylie,Texas ("Wylie")to exchange certain tracts of land being developed by Woodbridge Properties,LLC with the City of Sachse,Texas("Sachse");and WHEREAS,the City Council,under the authority of its Charter and various sections of the Local Government Code, further investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to disannex the below-described property(the "Property")to Sachse;and WHEREAS,the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with in conjunction with the Boundary Exchange Agreement pursuant to Chapter 43 of the Local Government Code;and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being disannexed;and ORDINANCE DISANNEXLVG 19-61 ACRES OF LAND-Page 1 pe/1:vasacglwyliabvnexldiea aan:.ur dt01099f Sent by: ARRBJ 972 562 0202; 01 /09/98 3:40PM;JeWax #606;Page 5/16 WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the disannexation were given an opportunity to be heard regarding the proposed disannexation;and WHEREAS,the City Council finds that all legal notices,hearings,pr ocedures and publishing requirements for disannexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: That the subject property as described and designated on the detailed description and plat map attached hereto as Exhibit"A"and"B",respectively, and fully incorporated herein by reference,should be and the same hereby is disannexed from the corporate limits of Wylie and from its extraterritorial jurisdiction,and the City's boundaries are contracted accordingly. SECTION 3: Any person, firm,corporation or business entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 91-24,Chapter 12,Exhibit A,or as amended, shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,state and federal law. ORDINANCE DISANNEXING 1541 ACRES OF LAND-Page 2 hcll:lmboxbkwyli.Lnnaxldicanaex.ord/011199* Sent by: ARRBJ 972 562 0202; 01/09/98 3:40PM;J #606;Page 6/16 SECTION 4: Should any section,subsection,sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,clauses,and phrases be declared unconstitutional or invalid. ,SECTION 5: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 6: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie. This Ordinance shall be in full force and effect from and after its adoption by the City Council,unless otherwise required by law and then shall be in full force and effect upon such compliance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this day of 1998. JIM SWARTZ,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: SUSAN SHULER ABERNATHY, ROEDER, ROBERTSON City Secretary BOYD&JOPLIN,P.C. RICHARD M. ABERNATHY City Attorneys _.r,wrue nn»s DATE UWPVBLICATLON:_ _ _ OkwrNANCF PISANNRXING 15.61 ACRIu9 OE LAND-Page 3 ddlAinbaxittwylklannuxulisannex.ard 01D998 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 15 January 13, 1998 Issue Consider awarding a contract for Ambulance/Emergency Medical Services(EMS) and discuss public safety facilities.. Background The City's Ambulance/EMS contract with American Medical Response (formerly Central Ambulance) is due to expire on March 15, 1998, according to the original terms of the two- year contract. In order to encourage competition and obtain more advantageous contract terms, the City of Wylie entered into an interlocal cooperative purchasing agreement with the cities of St. Paul, Murphy, Lucas and Lavon. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The result of this cooperative procurement process was a Request for Proposals to provide a regional ambulance contract. Each of the participating entities in the regional service area will execute a separate contract with the selected EMS provider. A regional Emergency Medical Service Advisory Board will be appointed to review complaints and to make recommendations regarding aspects of system performance which relate to patient care. The ad hoc Coalition and the EMS Advisory Board will in no way infringe upon the autonomy of each participating entity to conduct business directly with the service provider. The primary goals of the RFP were to enhance the level of service and to reduce or eliminate the tax payer supported ambulance subsidy. The specifications provide for a five-year performance-based contract with emphasis on stringent response time standards. Four prospective ambulance service providers known to be capable of performing the required scope of work were invited to submit competitive proposals. Three of the prospective service providers, including the incumbent contractor, AMR, declined to bid. In their letter of declination, AMR stated that they were exercising the option to terminate the contract with ninety days written notice. Accordingly, the termination date of the contract will be March 1, 1998. A copy of the letter is attached. A proposal was submitted by East Texas Medical Center-EMS to provide a zero subsidy contract which would exceed the minimum service level requirements of the RFP. Council has been provided with a complete copy of this proposal document. A concise overview of the ETMC-EMS proposal is attached. The overview provides, in brief, an ETMC company profile and information on field operations, response time guarantees, communications systems, ambulance fleet, vehicle maintenance, quality assurance, training, first responder programs and contractual guarantees. The ETMC-EMS membership program, also described in the Action Agenda Item No 15 Page 1 Background -continued - members of their household for an annual fee of $48.00. With the membership program, there is never a bill for any medically necessary ambulance transport. The award of the ambulance contract to a new provider has created an opportunity for the City to consider addressing facilities needs of the Fire Department. The financing of the facilities could be secured utilizing a joint-use facility lease payment from the new provider and reallocating funds currently budgeted to subsidize ambulance service provided by AMR. The current ambulance provider, AMR, is stationed in a facility located on Birmingham Street between Oak and Jefferson. A single bay of the facility is provided to the City of Wylie to house a fire engine pumper truck. This situation satisfies a single requirement of the Fire Department to have available fire fighting equipment located on the opposite side of the railroad tracks (Cottonbelt and S.H. 78 Main line) from the current fire station located on South Ballard Street. The Birmingham Street location would not serve as an adequate site for a permanent fire substation. Information on the criteria used to identify an appropriate site will be provided later in this discussion. However, because AMR is no longer the ambulance service provider, the single bay will no longer be available to the City and the facility will not be available to the new service provider. If awarded the contract, the new service provider's East Texas E.M.S. operational requirements would create a demand for a facility that would contain multiple garage bays, office space, sleeping quarters and kitchen facilities. Rather than construct the facility itself; East Texas would rather negotiate with the City of Wylie. A joint-use facility would be developed, with the construction financed by the City and the building owned by the City. A monthly lease payment, guaranteed over the life of the contract would be negotiated with East Texas. The City of Wylie will need to construct a second Fire Station within five years. Wylie has a current population of 12,000. Preliminary plats have been approved for the construction of homes on 2,400 lots totaling 773 acres. The anticipated residential development will increase the city's population and broaden the service area. In order to meet fire and ambulance service response times in the new geographic areas of growth, the location of the second fire station would be ideally situated in the vicinity of F.M. 2541 (Brown Street) and F.M. 1378 (Country Club). The City of Wylie has an opportunity to develop a joint use facility that for the first five years would accommodate the needs of both the ambulance provider and the Fire Department. During the first five years, lease payments would be collected from E.T.M.S. and the City would utilize a garage bay to house a fire engine. No city Fire Department staff would be stationed at the facility. After five years, the facility could serve primarily as the new fire substation. On way or another, East Texas is going to be spending funds to lease a facility. The development of a joint use facility allows East Texas to subsidize the development of a facility that would meet a long term facility used of the City. A description of the joint use facility and additional information regarding the site selection criteria used to determine the location of the facility is included. Action Agenda Item No 15 Page 2 Background -continued The award of the new ambulance contract creates an opportunity to deal with the issue of the existing fire station. Attachment B - Discussion Item 2 - provided detailed information on a proposal to renovate and complete additions to the existing facility. While the need for these facilities can be clearly established, the ability to finance improvements is always a major consideration. The financing of the facilities including the renovation of the existing fire station and the construction of a new joint use facility, is made possible by the award of a new ambulance contract. Reallocating funds currently budgeted to subsidize AMR provided ambulance service and utilizing lease payments from the new provider could make available approximately almost $540,000 over the next five years. Staff is seeking policy direction from the City Council on whether to bring forward a detailed plan that would be predicated on the use of the $540,000. Financial Considerations The amount of the annual subsidy, under the existing contract with AMR, is $90,000. The immediate financial consequence of the proposed zero subsidy contract would be that approximately $45,000 of the funds budgeted in fiscal '98 for the AMR subsidy could be reallocated to fund other needed capital projects and programs. With no subsidy allocation in future years, the City can presumptively save approximately $90,000 annually and that amount could also be made available for programs that might not otherwise be funded. The City would also receive a monthly lease payment from the ambulance contractor if a joint use facility is developed. Other Considerations The interlocal agreement for a regional EMS/ambulance service and the resulting cooperative procurement process were accomplished in accordance with the Interlocal Cooperation Act (V.C.T.A. Government Code Chapter 791). The solicitation of competitive proposals and the recommended contract award comply with Chapter 252.021 of the Local Government Code. Board/Commission Recommendation N/A. Staff Recommendation Staff recommends that Council award a five-year contract for Ambulance/Emergency Medical Services to East Texas Medical Center-EMS, with an effective date of March 1, 1998. Action Agenda Item No 15 Page 3 Attachments Overview of ETMC-EMS Proposal Letter from AMR ETMC Contract Membership Brochure. kol...CoN113 Prepared by Re ed by Finan e City Manager Approval Action Agenda Item No 15 Page 4 ETMC EMS ALTERNATIVE PROPOSAL FOR AMBULANCE SERVICE TO THE SOUTHEAST COLLIN COUNTY EMS COALITION ETMC EMS will meet the basic standards for level of service as described in the Request For Proposal(RFP). ETMC EMS will provide full-time Mobile Intensive Care Unit (MICU) ambulance service to the Southeast Collin County EMS Coalition 24 hours a day. No subsidy is requested for the life of the contract. The following overviews for ETMC EMS level of service that meet and exceed the level of service required in the RFP. STATION LOCATION: ETMC EMS base units in the coalition area to provide for response time compliance. ..._unit based in coalition area COMPANY INFORMATION: ETMC is a not-for profit company, part of the ETMC Health Care Foundation based in Tyler Texas. ETMC is the largest healthcare employer in East Texas. ETMC EMS has been a provider of ambulance service in East Texas since 1968. .....not-for profit ETMC EMS provides service to 21 counties and over 100 cities in our 16,000 Sq. mile service area. One of the most experienced providers of community based EMS in the nation. ....service provider to communities throughout East Texas OPERATIONS: All ambulances provided by ETMC EMS are staffed at the MICU level. Each unit has a minimum of one nationally registered paramedic on board. In addition all paramedics must also maintain Advance Cardiac Life Support (ACLS), Basic Trauma Life Support (BTLS) and Pediatric Advance Life Support (PALS) level of certification. .....all paramedics Nationally Registered ETMC EMS has an extensive program for recruitment of local citizens. This program is designed to promote the concept of a community based service with the resources of a dedicated EMS provider. .....local staff recruitment ETMC EMS Alternative Proposal to Southeast Collin County EMS Management of operations is coordinated through the Director of Operations, Regional Directors are responsible for groups of counties, and a Supervisor is assigned each local station. The coordinated management team allows for smooth operations and guidance for all aspects of operations. ..._dedicated professional management team All units are fully equipped with the latest EMS equipment, including LifePak 10 Defibrillator/Pacing/Monitors, Pulse Oximetry Units, and Digital Glucometers. .....all units fully equipped to MICU level RESPONSE TIME: Southeast Collin County EMS Coalition Response Times for incorporated areas (i) Life Threatening Emergency Calls will have a response time 90% or better of 8 minutes and 59 seconds. (Priority 1) (ii) Non-Life Threatening Emergency Calls will have a response time 90% or better of 12 minutes and 59 seconds. (Priority 2) (iii) Unscheduled Routine Transfers will have a response time 90% or better of 60 minutes and 59 seconds. (Priority 3) (iv) Scheduled Routine Transfers will have a response time 90% or better of 20 minutes and 59 seconds. (Priority 4) ..._emergency and non-emergency response times guaranteed For each whole minute an ambulance response time extends beyond the applicable time ETMC-EMS shall pay late-run penalty fees in the amounts shown below, not to exceed $150 per incident. Presumptively-Classified Life-Threatening Calls $10/min. Presumptively-Classified Non-Life Threatening Calls...$5/min. Presumptively-Classified Routine Transports $2/min. Scheduled Routine Transports $2/min. .....Penalties are paid on late responses,emergency and non- emergency calls COMMUNICATIONS: ETMC EMS utilizes a centrally located communication system that receives all calls for services and provides dispatching for EMS units system wide. ..._centralized dedicated modern communications ETMC EMS Alternative Proposal to Southeast Collin County EMS All staff in the communication are certified Emergency Medical Dispatchers (EMD), the nationally recognized program, and are required to be trained to the minimum level of EMT within six months of employment. ..._certified medically trained dispatchers All service information is processed using Computer Aided Dispatch (CAD) software. This allows for complete documentation of emergency information, E-911 interface, pre-arrival instructions and response times. ..._full documentation of every request for service ETMC EMS utilizes a digital recording system to track all phone and radio traffic to ensure immediate access and for long term storage of records. ..._digital phone/radio records Motorola 800 MHz Smart-Zone radio system is the backbone of the radio network allowing for system wide control of all ambulances. ...state of-the-art 800MHz radio system VEHICLES AND EQUIPMENT: ETMC EMS has a fleet of 70 Type III modular ambulances. Each unit is fully equipped to the MICU level. Fleet replacement is on a five year schedule, making the ETMC EMS fleet one of the most up-to- date in the nation. .....fleet of 70 Modular Ambulances VEHICLE MAINTENANCE: Fleet services are coordinated through our modern 7500 sq. ft facility located in Tyler. Our maintenance facility is staffed with four full-time mechanics, shop assistant, and a fleet manager. Fleet maintenance is based on an extensive proactive program that strives to achieve a zero breakdown level. ETMC EMS fleet services also provides contract work for other agencies such as DPS. ..._dedicated fleet maintenance facility and program QUALITY ASSURANCE: ETMC EMS has a dedicated staff to provide for both proactive as well as long term evaluation of level of care provided by our MICU fleet. Dr. William Moore is the Medical Director and has been recognized nationwide for his commitments to advancement of EMS. ..._On staff medical director and full time QA program ETMC EMS Alternative Proposal to Southeast Collin County EMS 100% of all priority I transports undergo chart review, a random selection of all other calls are regularly reviewed. .....100%chart review of priority I calls The QA program is implemented at the field level by 8 field training Officers and 30 preceptor paramedics. In addition an extensive database on each field person is maintained by a custom computer program allowing for detailed information tracking. .....dedicated training staff TRAINING: ETMC EMS training department is staffed with six full-time trainers that provide training in-house and for our First Responder network for classes ranging from CPR training to Paramedic. .....complete range of in-house training programs and instructors ETMC EMS provides 60 hours of annual continuing education for all paramedics. .....60hours annual C.E. Up to date training on the latest procedures and treatment are key components of the training program. ETMC EMS is a participant in the REACT heart attack program,national stroke attack program,and various studies of medication and treatment modalities. .....complete range of in-house training programs and instructors FIRST RESPONDER PROGRAM: ETMC EMS offers a full level of training and support for those Fire Departments who wish to become First Responders. Services include training, continuing education, and disposable supplies at no cost to the agency. Participation is not mandatory. ..._First Responder training and support Training is available from the ECA level to EMT-I. Full-time departments can be trained to the level of Paramedic. Training is held at various field locations to assist the First Responders .....training to multiple levels ETMC EMS provides assistance in development of grants for the purchase of equipment, this includes grants for Automatic External Defibrilators. ETMC EMS also porvides matching funds for AED's. .....assistance in grant development For ALS First Responders ETMC EMS will provide a manual defibrilator through grants and ETMC EMS contributions. .....ALS first responder support ETMC EMS Alternative Proposal to Southeast Collin County EMS MEMBERSHIPS: ETMC EMS membership program provides coverage over our entire 16,000 sq. mile service area for both ambulance. The annual cost is only $48 per household. .....$48 annual fee ETMC EMS Members never receive a bill for medically necessary ambulance transports. .....Members never receive a bill for ambulance service EMTC EMS membership provides coverage for medically necessary transports to local hospitals in the Metroplex and surrounding areas. .....includes transports to the Dallas Metroplex CONTRACTUAL GUARANTEES: To ensure that the level of performance proposed is met, EMTC EMS has developed a Master Contract that clearly defines all the various performance standards of our system. Key portions of the contract and their location in the contract are as follows: • Establishment of an Administrative board to oversee the contract performance. • The System Wide Medical Control Board to evaluate the clinical performance of the system. • Guaranteed response times, including the payment of fines for all late calls. Response times are guaranteed for all call types. • Level of service provided, ETMC EMS will provide no lower than the MICU level of service for the life of the contract as a minimum. • System wide membership program. • Patient price protection for service charges. • Contractual language to define patient destination. • Extensive criteria for contract default and penalties for default. • Severance Penalty in the event that ETMC EMS does not meet contractual commitments. • Contract extension criteria requiring an annual vote by the Medical Control Board to ensure that level of care and services have been met. ETMC EMS Alternative Proposal to Southeast Collin County EMS ♦ First Responder Program training and supplies provided at no cost ♦ No subsidy for the life of the contract .....a guarantee for level of service that is backed up by penalties and the largest health care provider in East Texas Additional detailed information on our EMS program and a draft copy of the Master Contract have been provided in the following sections of our proposal. ETMC EMS Alternative Proposal to Southeast Collin County EMS AW: AMERICAN MEDICAL RESPONSE December 1, 1997 Mike Collins City Manager City of Wylie 2000 Highway 78 North Wylie, TX 75098 Dear Mr. Collins; We would like to thank you for the opportunity to review the current RFP for ambulance services. After much evaluation and consideration, we are noting you that we do not intend to bid on this RFP. Due to the highly constrictive nature of this RFP and the continuing question of the subsidy being available, we find that it would be better for our organization not to continue as your provider of these services. As the incumbent provider, we would highly recommend that your city and the other participating cities seriously evaluate the opportunity to provide ambulance services through your municipal departments. We feel that under the current structure designed in the RFP, it would be difficult, if not impossible,for a private provider to contract with you and remain fiscally sound. Possibly,you could do it more cost effectively through a joint sharing of resources in your city departments. Additionally, as stipulated in the current contract,page 6, Section 9- Termination, we wish to exercise this option by providing you notice that we wish to terminate the current agreement by giving you ninety(90)days written notice by certified mail. We will work with you during this time to ensure that a smooth transition is realized with whomever you select to be your provider after this ninety day period If you so desire, we would be open to discussing a shorter time frame for the switch over to a new provider as well. We have appreciated the opportunity to provide medical services and transportation to your citizens. We wish you success with your new provider. Sincerely, C Charlie Howell, CEO North Texas/Oklahoma Division 7 cc: Tom Nelson, Interim CEO Central Group Paul Ray, Divisional Director of Finance Randy McCargar, Dallas Operations Manager Becky Hiles,Director of Marketing/Government Relations 600 Six Flags Drive, Suite 300 • Arlington, TX 76011 (817) 640-9911 (817)640-1572 fax y '' : V N 4� "-.� 1 �. : 0.0,, ,, , fi . '.{ yr.- 7 " w n v/ 111 � 3 ki .., 1, 1 t e X . • ii, .e., e .., f t 7 _ .n I, A� II' i 1 If' '�1 Aktiliqiiii.. p - -.' \ , ill, , ..ci .4,1, - t � A , .,..,. ,,,,. :. k -.4,-' , of / nr ,5."'''' 'Y' - ;„,,, ...-:4\„,,, - . L ,„.„. „ii i 44ff ir— ! i - 1-4,.f.el,r,e7,..:77'..4:,#.00 : ,,;. ‘4'"ky1.1 Serving Savinglaves. People. D EAR RESIDENT: The EMS Membership Program: 4114 7 East Texas Medical Center Emergency Medical Service is proud K,, to have been selected as EMS provider for the areas formerly served Membership benefits include: by the Fannin County ambulance service. We are Texas'largest • no out-of-pocket expenses for ambulance use private,not-for-profit provider of emergency ambulance service, Jw v covering 16,000 square miles with 60 ground ambulances. Our units • coverage anywhere in our 16,000 mile are staffed by highly trained and certified • paramedics and EMTs using 1 service area the latest in emergency care technology. 1' '1"'% ! • coverage for all members of your household • ETMC EMS offers an ambulance membership program that extends yr r °- - • medically necessary transports from October 1 through September 30 of the following year. For just t '� $48 a year,every household member receives medically necessary tr ' I Thanks to your County and City Officials,this emergency care and ambulance transportation with no additional '' , special EMS membership program is available out-of-pocket costs. r to residents formerly served by the Fannin County Plus,if you act now,you can extend your coverage period at no ambulance service. Your household will be covered though next - -- additional cost! When we receive your application,you'll get year's membership period ending September 30,1998. I. fi immediate coverage through September 30,1998. Please review the Please complete and return the postage-paid enclosed membershipbrochure which includes an application form I pp application form at right. and information on ETMC EMS. ONLY 0 We hopeyou'll take advantage of this offer thatgivesyoupeace of p g covers your entire ----a mind and protection from unexpected expenses—24 hours a day, household through _n_. _ 365 days a year. Don't Delay! Sept.30, 1998! This special offer is good through October 31, 1997. _ -_ .- Sincerely, qi,t114r For more information,please call our EMS Membership Line: Tony Myers Vice President and General Manager,ETMC EMS 1-800-642-5646. !. Discussion Item 1 Discussion of the issues relating to the addition/expansion of the fire station located on South Ballard Street. Background The City's Fire Station was built in the late 1980's by the volunteer fire personnel. The labor and materials were donated, making a very cost effective improvement to the Fire Department. The apparatus bays were constructed and land was purchased for future expansion of the station. When full time personnel were hired in the early 1990's,temporary offices and facilities were constructed. The council has approved funding in the 1997/98 budget for temporary quarters or a portable building. The council also indicated that it wanted to look at a permanent facility that would address the future needs of the fire department. These facilities have served the city's purpose over the last thirteen years, but growth in the department has created a close quarters operating condition. It also provides only one shower/ restroom facility that is utilized for both male and female personnel. There are no private study areas, or room for personnel to work on special projects. The fire inspectors are currently working out of an office located within the Municipal Complex, which also houses a make shift evidence locker for the Fire Department. The proposed expansion, which is about 3200 square ft., has been priced in wood and metal construction both with brick veneer. This is to match the existing building and provide an esthetic appearance to the building. This would provide offices, a training room, kitchen facilities, dormitories (for up to eight personnel), two restrooms and showers (handicap accessible), and a storage area. This would also provide office space for the shift lieutenant,the inspectors, and secure storage of the evidence locker. The training room would double as a day room, and a training room for Monday night meetings. The dormitories will be necessary as the city's growth will require twenty-four hour shifts. Contact has been made with three contractors for preliminary estimates. Information from two of them indicate prices for the station addition range from $95,000 to $145,000 Attachments Proposed drawings DENNIS HILBORN 3790442 P.03 EXISTING BUILDING s — 1 STORAGE AREA 1 BEDROOM #I 21'-10" X cl'-10" 12'-10" X 9'-10° rk r , BEDROOM #2 I2'-10° X 9'-10" f 1,IC. 111' 1 BEDROOM #3 TRAINING ROOM , 12'-10 rk 9'-10° 2l'-10° X 33'-11" cm 1 BEDROOM#4 j-- 12'-10"X 9'-II" cm } { J i { zi X OG a a RESTROOM � � --; 12'-1O" X II'-8" 111 IX PG 1 1 KITCHEN i _ el1 v it 2 21'-IO' X 20'-O° s '" i RESTROOM 12.-I0" X 11'-b" .•ro ,/y 8 �! a v e ./4r.roar II PORCH 1 t/+x4 roor OFFICE OFFICE REG.ROOM 14'-4" X I4'-4" 14'-4' X 10'-0" 10'-0' X 14.-4" rrc rm arc r i r I I' -i THE WYL I E FIRE DEPARTMENT c1/211 t FLOORPLAN #32"13 MasterPlans PORCH = 30 WIDTH = 40'-10" DEPTH ' ea-2• 817-379-7326 m a Co a ti M Z Z 0 J 2 • 2 N z Z MINNtit Elm mam 7X ■m. ■a. U.■ ■m■ 1-1 EMU NEN NNE NNE .rd PRELIMINARY S11:7E ELEVATION lAIYLlE FIRE DEPARTMENT <41211 a/5/cil MasterPlans 817-379-7326 Discussion_Item 2 Discussion of issues relating to the construction of Fire Station#2. Background The award of the ambulance contract to a new service provider has created an opportunity to deal with a specific long-term facility need. The city will need to build a fire station in the next five years in order to meet the fire service demands of our growing city. As they have with other communities,East Texas E.M.S. has asked the city to consider leasing them space for the placement of their ambulance crews. This could be accomplished if the council opted to build a second station. The new facility would replace the building presently utilized by A.M.R., which also houses one of the Fire Department vehicles. Due to the size of the bay housing the fire engine; a new location for the apparatus, if it were stay where it is,would have to be addressed in the 1999/2000 budget when the apparatus is replaced. A joint use facility would house both fire apparatus and E.M.S. equipment and personnel. It would also serve as a fire sub-station providing the ambulance crew with sleeping quarters and kitchen facilities with the same basic floor plan as Station#1 (with the expansion). This same facility could be utilized by the fire department when the city's growth requires staffing of a second fire station. This proposed facility would be financed and owned by the City with the Ambulance contractor making monthly lease payments to the city. The future growth of the city will require three stations: • Station#1, 1401 S. Ballard (sub-station) • Station#2, Brown& 1378 ( sub-station) • Station#3, 2200 N. Hwy. 78 ( central station) Contact has been made with three contractors for preliminary estimates. Information from two of them indicate prices for the station addition range from$300,000 to $400,000. This range includes the purchase of approximately one and one-half acres for an estimated$70,000. However, attempts are being made to secure the donation of the land.