04-23-2013 (City Council) Agenda Packet Wylie City Council
CITY:FWYLIE NOTICE OF MEETING
Regular Meeting Agenda
April 23, 2013 — 6:00 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Eric Hogue Mayor
Kathy Spillyards Mayor ProTem
David Goss Place 1
Nathan Scott Place 2
Bennie Jones Place 4
Rick White Place 5
Diane Culver Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal
Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience
are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
• William Henricks Kelly
PRESENTATIONS
• Proclamation -Mayor for the Day-William Henricks Kelly
• Presentation of Motorcycle Safety Awareness
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and
address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse,
deliberate or take action on any matter presented during citizen participation.
April 23,2013 Wylie City Council Regular Meeting Agenda Page 2 of 4
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one
motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the
Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the April 9, 2013 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
March 31, 2013. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31,
2013. (L. Bantz, Finance Director)
D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic
Development Corporation as of March 31, 2013. (S. Satterwhite, WEDC Executive Director)
E. Consider, and act upon Ordinance No. 2013-20 of the City Council of the City of Wylie,
Texas, adopting Division 3 (Rules and Regulations) of Article X (Public Arts Program) of
Chapter 2 (Administration) of Part 2 of the Wylie Code of Ordinances' providing for
repealing, savings and severability clauses, providing for a penalty for the violation of this
ordinance, providing for an effective date , and providing for the publication of the caption
hereof. (C. Ehrlich, City Secretary)
WORK SESSION
• Presentation and discussion of the draft Communications Audit Report and Strategic
Recommendations by Cooksey Communications. (M. Manson, City Manager)
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
REGULAR AGENDA
PUBLIC HEARING
1. 2nd PUBLIC HEARING ANNEXATION: Conduct a 2nd Public Hearing for the annexation
of an 8.052 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688,
which is contiguous to the City of Wylie, in Collin County, Texas, generally located on
County Road 384 (Skyview Court) and north of S.H. 78. (1st PH 04-09-13; 2nd PH 04/23/13)
(R. 011ie, Planning Director)
Executive Summary
This annexation is at the request of the property owner, Kansas City Southern Railway Company and applicant,
Multatech Engineering, Inc. The subject tract is contiguous to and is surrounded by other KCS properties currently
within city limits. The request is to allow for the rezoning of said property and the potential development of a KCS
Intermodal Facility in Wylie.
April 23,2013 Wylie City Council Regular Meeting Agenda Page 3 of 4
2. Consider, and act upon, Ordinance No. 2013-19 amending Ordinance No. 2012-27 (2012-
2013 Budget) for proposed mid-year amendments for fiscal year 2012-2013. (L. Bantz,
Finance Director)
Executive Summary
The mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and
expenditure adjustments to the adopted budget.
3. Consider, and act upon, the appointment of a board member to the North Texas Municipal
Water District (NTMWD) Board to fill an expired term of May 31, 2013 to May 31, 2015. (C.
Ehrlich, City Secretary)
Executive Summary
The Board of Directors of the North Texas Municipal Water District is a policy making body similar in nature to the
City Council. The Board is responsible to both the State of Texas and to the member Cities for assuring that NTMWD
operations occur in accordance with state and federal law,in alignment with NTMWD policy, and in the best interests
of the Cities receiving services.
4. Consider, and act upon approval of a Dedication and Impact Fee Agreement between
Creekside Development, Inc. and the City of Wylie for 2.221 acres of right of way for the
McMillen Road paving project.. (C. Holsted, City Engineer)
Executive Summary
On March 27, 2012 Council approved an Interlocal Agreement for the McCreary Road Paving and Drainage
Improvements with the City of Murphy. The agreement outlines each cities responsibilities for the construction of
McCreary Road and the storm sewer improvement in McMillen Road. Staff proceeded with obtaining a right of entry
from the property owner at the north east corner of the McCreary Road and McMillen Road intersection to allow the
storm sewer to be installed.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
WORK SESSION
• Discussion regarding the allocation of remaining contingency funds from 2005 Park Bond
projects related to Founders and Community Park. (M. Sferra-R. Diaz, Public Services)
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
ADJOURNMENT
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during
the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require
that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically
identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open
session.
April 23,2013 Wylie City Council Regular Meeting Agenda Page 4 of 4
CERTIFICATION
I certib?that this Notice of Meeting was posted on this 19`h day of April, 2013 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this
agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, April 9, 2013 — 6:00 p.m.
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Mayor Pro Tern Kathy Spillyards called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll
call with the following City Council members present: Councilwoman Diane Culver, Councilman Rick
White, Councilman David Goss, Councilman Bennie Jones and Councilman Nathan Scott. Mayor Eric
Hogue was out of town.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director,
Linda Bantz; Police Chief, John Duscio; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning
Director, Renae' 011ie; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City
Secretary, Carole Ehrlich, and various support staff
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Councilman Bennie Jones led the pledge of allegiance.
PRESENTATIONS
• Proclamation declaring April 14th — 20th, 2013 as "National Public Safety
Telecommunications Week"
Mayor Pro Tern Spillyards, Fire Chief Randy Corbin, Police Chief John Duscio presented a
proclamation to Public Safety Communicators, designating April 14th through April 20th , 2012 as
Telecommunications Week in the City of Wylie. Mayor Pro Tem Spillyards, Fire Chief Corbin
and Police Chief Duscio thanked Public Safety Dispatch staff for their devotion to their
profession.
Minutes April 9, 2013
Wylie City Council
Page 1
• Swearing in of Officer McIntosh and recognition of his accomplishment on promotion
to Sergeant
Police Chief Duscio administered the Oath of Office to newly promoted Sergeant Billy McIntosh.
Samantha McIntosh, daughter of Billy McIntosh pinned her dad. Members of the Wylie Police
Department including wife, Officer Angie McIntosh and family members of McIntosh attended
the presentation. Chief Duscio congratulated Sergeant McIntosh for his accomplishment.
• Proclamation celebrating April 14th—20th, 2013 as "Week of the Young Child"
Mayor Pro Tern Spillyards presented a proclamation to Collin County Association for the
Education of Young Children President Al Stewart proclaiming the week of April 14th-20th as
"Week of the Young Child". Members of the organization accepting the proclamation were Lynn
Witt and Stephanie Wells. The association nationally and locally emphasizes the importance of
young childhood development.
• Proclamation declaring April 2013 as Tornado Awareness Month in the City of
Wylie
Mayor Pro Tern Spillyards and Fire Chief Corbin designated April as Tornado Awareness
Month. Chief Corbin asked citizens to be vigilant of inclement weather and to subscribe to Nixie
to receive local weather alerts.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Students Mariah Lennon and Amber Khan addressed Council in favor of longer library hours.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the March 26, 2013 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Ordinance No. 2013-17, an ordinance of the City Council of
the City Of Wylie, Texas, creating a new division of the Wylie Code of Ordinances;
establishing a Historic Review Commission; and providing for an effective date of
this ordinance. (R. 011ie, Planning Director)
C. Consider and act upon, Ordinance No 2013-18 amending Ordinance No. 2013-15 and
Section II, (Garbage, Trash and Brush Fees) of Appendix C (Wylie Comprehensive
Fee Schedule) of the Wylie Code of Ordinances to correct a clerical error; providing
for a penalty for the violation of this ordinance; providing for repealing, savings and
Minutes April 9, 2013
Wylie City Council
Page 2
severability clauses; providing for an effective date of this ordinance; and providing
for the publication of the caption of this ordinance. (J. Butters, Asst. City Mgr.)
D. Consider, and act upon, approval of a Final Plat for Kreymer Estates Phase I
consisting of 20.015 acres for 54 single family residential lots and 2 open space lots
dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south
of E. Brown Street. . Zoned PD 2012-04. (PZ 03/19/13; CC 04/09-13) (R. 011ie,
Planning Director)
E. Consider, and act upon, approval of a Final Plat for Woodbridge Centre Phase II, a
10.756 acre tract consisting of four lots for commercial/retail purposes. Subject
property being generally located west of Woodbridge Parkway and Wylie High
School and south of FM 544. (R. 011ie, Planning Director)
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to approve the
consent agenda as presented. A vote was taken and the motion passed 5-1 with Mayor Pro
Tem Spillyards, Councilwoman Culver, Councilman Scott, Councilman White, and Councilman
Jones voting for and Councilman Goss voting against with Mayor Hogue absent.
REGULAR AGENDA
PUBLIC HEARING
1. 1st PUBLIC HEARING ANNEXATION: Conduct a Public Hearing for the
annexation of an 8.052 acre tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, which is contiguous to the City of Wylie, in Collin County, Texas,
generally located on County Road 384 (Skyview Court) and north of S.H. 78.. (1st
PH 04-09-13; 2nd PH 04/23/13) (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that this annexation is at the request of the property
owner, Kansas City Southern Railway Company and applicant, Multatech Engineering, Inc. The subject
tract is contiguous to and is surrounded by other KCS properties currently within city limits. The request is
to allow for the rezoning of said property and the potential development of a KCS Intermodal Facility in
Wylie.
011ie noted this would be the first of two public hearings on the subject property. The next public hearing
would take place April 23, 2013 with consideration of the annexation on May 14th. No action is required
tonight.
Public Hearing
Mayor Pro Tem Spillyards opened the public hearing at 6:26 p.m. asking anyone present wishing to
address council on the proposed annexation to come forward.
Minutes April 9, 2013
Wylie City Council
Page 3
No one was present to address Council during the public hearing.
Mayor Pro Tern Spillyards closed the public hearing at 6:26 p.m.
NO ACTION ON THIS ANNEXTION ITEM WAS REQUIRED AT THIS TIME.
TABLED ITEM FROM 3-26-2013
Motion to remove from the table and consider:
Council Action
A motion was made by Councilman Jones, seconded by Councilman Goss to remove Item #2
from the table and consider. Consensus of the Council was to remove and consider.
2. Consider, and act upon, approval for a Site Plan for Seattle's Best Coffee in the
Woodbridge Centre Phase I Addition, Block B, Lot 7. Subject property generally
located south of F.M. 544 and west of Woodbridge Parkway. (R. 011ie, Planning
Director)
Staff Comments
Planning Director 011ie addressed Council stating that at its March 26, 2013 meeting, Council considered
and discussed the proposed Site Plan for Seattle's Best Coffee. At the direction of Council, the applicant
was to resubmit plans revising the location of the dumpster and placing additional landscaping around the
dumpster enclosure.
The revised plans shift the dumpster approximately 2 to 3 feet to the east and south to allow for an
additional row of Needlepoint Hollies for screening. 011ie explained the applicant is proposing a 6'- 8' high
masonry screening wall with split faced CMU, color to match building. The gate is 18 ga. box ribbed
metal.
Councilman Scott asked architect Cristal Villarreal why there were no tables for customers to sit. He
asked if this was due to the requirement for parking lanes to accommodate those customers. He noted
he was not happy with the layout of either the dumpster or the drive thru only option to purchase coffee.
He asked Ms. Villarreal if all the designs they were providing to Seattle's Best were similar with no seating
areas. Cristal Villarreal, Senior Project Manager for Jacobs-Global Buildings replied that was correct.
Council Action
A motion was made by Councilman White, seconded by Councilman Goss to approve a Site
Plan for Seattle's Best Coffee in the Woodbridge Centre Phase 1 Addition, Block B, Lot 7.
Subject property generally located south of F.M. 544 and west of Woodbridge Parkway. A vote
was taken and the motion passed 5-1 with Mayor Pro Tem Spillyards, Councilwoman Culver,
Councilman White, Councilman Jones and Councilman Goss voting for and Councilman Scott
voting against and Mayor Hogue absent.
READING OF ORDINANCES
City Secretary Ehrlich read the captions to Ordinance No.'s 2013-17 and 2013-18 into the
official record.
Minutes April 9, 2013
Wylie City Council
Page 4
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Jones, seconded by Councilman Scott to adjourn the meeting at 6:35 p.m. A vote was taken
and the motion passed 6-0 with Mayor Hogue absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes April 9, 2013
Wylie City Council
Page 5
''� - e MirieWylie City Council
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Meeting Date: April 23, 2013 Item Number: B
(City Secretary's Use Only)
Department: Finance
Prepared By: Finance Account Code:
Date Prepared: April 8, 2013 Budgeted Amount:
Revenue and Expenditure
Exhibits: Monthly Report
Subject
Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2013.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31,
2013.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
March 31,2013
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00%
ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 17,606,880 421,730 14,818,789 84.16% A
FRANCHISE FEES 2,421,700 394,368 623,540 25.75% B
LICENSES AND PERMITS 442,000 49,246 277,774 62.84%
INTERGOVERNMENTAL REV. 650,000 104,198 286,215 44.03%
SERVICE FEES 2,805,000 249,300 1,253,196 44.68% C
FINES AND FORFEITURES 307,000 24,717 139,745 45.52%
INTEREST INCOME 14,000 1,618 8,102 57.87%
MISCELLANEOUS INCOME 281,500 9,999 123,047 43.71%
OTHER FINANCING SOURCES 1,772,297 0 1,772,297 100.00%
REVENUES 26,300,377 1,255,176 19,302,705 73.39%
USE OF FUND BALANCE 896,040 NA NA NA D
USE OF ROLLOVER STREET FUNDS 150,000 NA NA NA
TOTAL REVENUES 27,346,417 NA NA NA
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 89,411 6,304 38,379 42.92%
CITY MANAGER 706,104 62,445 355,552 50.35%
CITY SECRETARY 261,684 17,741 108,525 41.47%
CITY ATTORNEY 128,000 22,108 38,178 29.83%
FINANCE 929,128 89,017 481,624 51.84%
FACILITIES 535,153 28,570 233,016 43.54%
MUNICIPAL COURT 277,667 16,654 118,695 42.75%
HUMAN RESOURCES 209,798 14,940 103,781 49.47%
PURCHASING 92,242 6,701 42,112 45.65%
INFORMATION TECHNOLOGY 899,050 53,449 379,226 42.18%
POLICE 6,056,532 440,193 2,898,550 47.86%
FIRE 5,897,593 428,462 2,783,607 47.20%
EMERGENCY COMMUNICATIONS 1,102,783 65,301 465,635 42.22%
ANIMAL CONTROL 363,640 29,404 164,938 45.36%
PLANNING 483,794 35,124 224,254 46.35%
BUILDING INSPECTION 566,707 37,777 239,261 42.22%
CODE ENFORCEMENT 262,035 16,477 101,632 38.79%
STREETS 1,725,017 71,252 433,953 25.16%
PARKS 1,631,349 107,011 669,628 41.05%
RECREATION 0 0 0 0.00%
LIBRARY 1,444,220 93,699 654,118 45.29%
COMBINED SERVICES 3,672,499 267,132 1,402,224 38.18%
TOTAL EXPENDITURES 27,334,406 1,909,761 11,936,888 43.67%
REVENUES OVER/(UNDER)EXPENDITURES 12,011 -654,585 7,365,817 29.72%
A.Property Tax Collections for FY12-13 as of March 31 are 96.34%,in comparison to FY11-12 for the same time period 98.00%.
B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority.
C.Service Fees:Trash fees billed in October are applicable towards FY 2011-12 revenue with the remaining fees coming from other seasonal fees.
D. Use of Fund Balance:For Replacement/New Fleet and Equipment.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
March 31,2013
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00%
ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 13,365,000 871,745 4,744,506 35.50% E
INTEREST INCOME 10,000 653 5,352 53.52%
MISCELLANEOUS INCOME 40,000 3,600 21,277 53.19%
OTHER FINANCING SOURCES 0 0 0 0.00%
TOTAL REVENUES 13,415,000 875,998 4,771,135 35.57%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 293,038 16,727 134,571 45.92%
UTILITIES-WATER 1,599,399 96,452 599,228 37.47%
CITY ENGINEER 444,882 29,972 196,177 44.10%
UTILITIES-SEWER 908,049 43,645 254,255 28.00%
UTILITY BILLING 356,736 12,646 151,810 42.56%
COMBINED SERVICES 9,838,927 545,982 5,970,634 60.68% F
TOTAL EXPENDITURES 13,441,031 745,424 7,306,675 54.36%
REVENUES OVER/(UNDER)EXPENDITURES -26,031 130,574 -2,535,540 -18.80%
E.Most Utility Fund Revenue billed in October are applicable to FY 2011-12.
F.Debt payments have caused this to be over the benchmark so this line item will level out throughout the fiscal year.
( OFw&l('' .=.' •
Vit t' Wylie City Council
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. ' AGENDA REPORT
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Meeting Date: April 23, 2013 Item Number: C
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 8, 2013 Budgeted Amount:
Exhibits: Investment Report
Subject
Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2013.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Investment Report for March 31, 2013.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
City Of Wylie
2012-2013 Investment Report
March 31, 2013
Money Market Accounts: MMA
Certificates of Deposit: CCD
Treasury Bills: T-Bills
Treasury Notes: T-Notes
Government Agency Notes: AN
Invest. Principal Type Of Interest Purchase Maturity
Number Amount Security Rate Issuer Date Date
1 $41,512,743.76 MMA 0.1047% Texpool 12/31/2006 NA
2_ $15,035,368.75 MMA 0.1125% TexStar 03/15/2011_ NA
$56,548,112.51
Total
Weighted Average Coupon: 0.11% Money Markets: $56,548,112.51
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$56,548,112.51
A. OF tyip.t f�
1 Wylie City Council
`'` AGENDA REPORT
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Meeting Date: April 23, 2013 Item Number: D
Department: WEDC (City Secretary's Use Only)
Prepared By: Gerry Harris Account Code:
Date Prepared: Budgeted Amount:
Exhibits:
Subject
Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of March 31, 2013.
Recommendation
Motion to approve the monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of March 31, 2013.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials
on April 19, 2013.
Page 1 of 1
4-15-2013 03:54 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: MARCH 31ST, 2013
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNTI TITLE
ASSETS
1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,575,171.84
1000-10115 CASH - WEDC - INWOOD 0.00
1000-10135 INWOOD BANK - ESCROW 0.00
1000-10180 DEPOSITS 2,000.00
1000-10198 OTHER - MISC CLEARING 0.00
1000-10341 TEXPOOL 0.00
1000-10343 LOGIC 0.00
1000-10481 INTEREST RECEIVABLE 0.00
1000-11511 ACCTS REC - MISC 0.00
1000-11517 ACCTS REC - SALES TAX 0.00
1000-12810 LEASE PAYMENTS RECEIVABLE 5,855,761.73
1000-12996 LOAN RECEIVABLE.. 91,514.71
1000-12997 ACCTS REC - JTM TECH 0.00
1000-12998 ACCTS REC - SAVAGE 180,618.44
1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00
1000-14116 INVENTORY - LAND & BUILDINGS 2,824,298.40
1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00
1000-14310 PREPAID EXPENSES - MISC 0.00
1000-14410 DEFERRED CHARGES 719,554.00
11,248,919.12
TOTAL ASSETS 11,248,919.12
LIABILITIES
2000-20110 FEDERAL INCOME TAX PAYABLE 0.00
2000-20111 MEDICARE PAYABLE 0.00
2000-20112 CHILD SUPPORT PAYABLE 0.00
2000-20113 CREDIT UNION PAYABLE 0.00
2000-20114 IRS LEVY PAYABLE 0.00
2000-20115 NATIONWIDE DEFERRED COMP 0.00
2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 305.21)
2000-20117 TMRS PAYABLE 0.00
2000-20118 ROTH IRA PAYABLE 0.00
2000-20119 WORKERS COMP PAYABLE 0.00
2000-20120 FICA PAYABLE 0.00
2000-20121 TEC PAYABLE 0.00
2000-20122 STUDENT LOAN LEVY PAYABLE 0.00
2000-20123 ALIMONY PAYABLE 0.00
2000-20124 BANKRUPTCY PAYABLE 0.00
2000-20125 VALIC DEFERRED COMP 0.00
2000-20126 ICMA PAYABLE 0.00
2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00
2000-20130 FLEXIBLE SPENDING ACCOUNT 4,049.82
2000-20132 EMP CARE FLITE 0.00
2000-20151 ACCRUED WAGES PAYABLE 0.00
2000-20180 ADDIT EMPLOYEE INSUR PAY 0.00
2000-20199 MISC PAYROLL PAYABLE 0.00
2000-20201 AP PENDING 2,883.58
2000-20210 ACCOUNTS PAYABLE 73,853.83
4-15-2013 03:54 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: MARCH 31ST, 2013
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT$ TITLE
2000-20530 PROPERTY TAXES PAYABLE 0.00
2000-20540 NOTES PAYABLE 719,554.00
2000-20810 DUE TO GENERAL FUND 0.00
2000-22270 DEFERRED REVENUE 81,701.24
2000-22275 DEFERRED REV - LEASE PRINCIPAL 5,625,833.78
2000-22280 DEFERRED REVENUE - LEASE INT 229,924.75
2000-22915 RENTAL DEPOSITS 1,000.00
TOTAL LIABILITIES 6,738,495.79
EQUITY
3000-34110 FUND BALANCE - RESERVED 441,944.04
3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,634,651.42
TOTAL BEGINNING EQUITY 4,076,595.46
TOTAL REVENUE 1,407,366.50
TOTAL EXPENSES 973,538.63
REVENUE OVER/(UNDER) EXPENSES 433,827.87
TOTAL EQUITY 6 OVER/(UNDER) 4,510,423.33
TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 11,248,919.12
4-15-2013 03:54 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: MARCH 31ST, 2013
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT( TITLE
ASSETS
1000-10312 GOVERNMENT NOTES 0.00
1000-18110 LOAN - WEDC 0.00
1000-18120 LOAN - BIRMINGHAM 0.00
1000-18210 AMOUNT TO BE PROVIDED 0.00
1000-18220 BIRMINGHAM LOAN 0.00
0.00
TOTAL ASSETS 0.00
LIABILITIES
2000-20310 COMPENSATED ABSENCES PAYABLE 9,756.61
2000-20311 COMP ABSENCES PAYABLE-CURRENT 38,727.00
2000-21410 ACCRUED INTEREST PAYABLE 0.00
2000-28205 WEDC LOANS - CURRENT 199,615.81
2000-28220 BIRMINGHAM LOAN 0.00
2000-28230 INWOOD LOAN 0.00
2000-28234 ANB LOAN - RANDACK/HUGHES 465,090.32
2000-28235 ANB LOAN 200,798.23
2000-28236 ANB CONSTRUCTION LOAN 4,414,358.68
2000-28240 HUGHES LOAN 0.00
2000-28250 CITY OF WYLIE LOAN 0.00
2000-28260 PRIME KUTS LOAN 0.00
2000-28270 BOWLAND/ANDERSON LOAN 0.00
2000-28280 CAPITAL ONE CA2AD LOAN 0.00
TOTAL LIABILITIES 5,328,346.65
EQUITY
3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,138,700.89)
TOTAL BEGINNING EQUITY ( 5,138,700.89)
TOTAL REVENUE ( 549,241.14)
TOTAL EXPENSES ( 359,595.38)
REVENUE OVER/(UNDER) EXPENSES ( 189,645.76)
TOTAL EQUITY 6 OVER/(UNDER) ( 5,328,346.65)
TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 0.00
4-15-2013 03:55 PM CITY OF WYLIE PAGE: 1
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2013
111-WYLIE ECONOMIC DEVEL CORP
FINANCIAL SUMMARY
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
REVENUE SUMMARY
TAXES 1,743,989.00 139,745.45 0.00 593,831.10 0.00 1,150,157.90 34.05
INTEREST INCOME 120,462.00 3,372.90 0.00 24,354.17 0.00 96,107.83 20.22
MISCELLANEOUS INCOME 100,800.00 6,301.25 0.00 37,488.45 0.00 63,311.55 37.19
OTHER FINANCING SOURCES 369,722.00 33,975.13 0.00 751,692.78 0.00 ( 381,970.78) 203.31
TOTAL REVENUES 2,334,973.00 183,394.73 0.00 1,407,366.50 0.00 927,606.50 60.27
EXPENDITURE SUMMARY
DEVELOPMENT CORP-WEDC 2,863(747.00 124,094.01 1,194.19 973,538.63 12,508.59 1,877,699.78 34.43
TOTAL EXPENDITURES 2,863,747.00 124,094.01 ( 1,194.19) 973,538.63 12,508.59 1,877,699.78 34.43
REVENUE OVER/(UNDER) EXPENDITURES ( 528,774.00) 59,300.72 ( 1,194.19) 433,827.87 ( 12,508.59) ( 950,093.28) 79.68-
,
4-15-2013 03:55 PM CITY OF WYLIE PAGE: 2
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2013
111-WYLIE ECONOMIC DEVEL CORP
REVENUES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
TAXES
4000-40150 REV IN LEIU OF TAXES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-40210 SALES TAX 1,743,989.00 139,745.45 0.00 593,831.10 0.00 1,150,157.90 34.05
TOTAL TAXES 1,743,989.00 139,745.45 0.00 593,831.10 0.00 1,150,157.90 34.05
INTEREST INCOME
4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46110 ALLOCATED INTEREST EARNINGS 2,000.00 135.50 0.00 735.93 0.00 1,264.07 36.80
4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46150 INTEREST EARNINGS 118,462.00 3,237.40 0.00 23,618.24 0.00 94,843.76 19.94
4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL INTEREST INCOME 120,462.00 3,372.90 0.00 24,354.17 0.00 96,107.83 20.22
MISCELLANEOUS INCOME
4000-48110 RENTAL INCOME 98,400.00 6,100.00 0.00 36,300.00 0.00 62,100.00 36.89
4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-48410 MISCELLANEOUS INCOME 2,400.00 201.25 0.00 1,188.45 0.00 1,211.55 49.52
4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL MISCELLANEOUS INCOME 100,800.00 6,301.25 0.00 37,488.45 0.00 63,311.55 37.19
OTHER FINANCING SOURCES
4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 548,935.00 0.00 ( 548,935.00) 0.00
4000-49550 LEASE PRINCIPAL PAYMENTS (0 369,722.00 33,975.13 0.00 202,757.78 0.00 166,964.22 54.84
TOTAL OTHER FINANCING SOURCES 369,722.00 33,975.13 0.00 751,692.78 0.00 ( 381,970.78) 203.31
TOTAL REVENUES 2,334,973.00 183,394.73 0.00 1,407,366.50 0.00 927,606.50 60.27
I
4-15-2013 03:55 PM CITY OF WYLIE PAGE: 3
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2013
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
PERSONNEL SERVICES
5611-51110 SALARIES 174,809.00 13,446.86 0.00 80,681.16 0.00 94,127.84 46.15
5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51140 LONGEVITY PAY 1,253.00 0.00 0.00 1,156.00 0.00 97.00 92.26
5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 5,224.68 0.00 6,095.32 46.15
5611-51220 PHONE ALLOWANCE 3,924.00 0.00 0.00 2,265.09 0.00 1,658.91 57.72
5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51310 TMRS 22,649.00 1,881.34 0.00 11,943.86 0.00 10,705.14 52.73
5611-51410 HOSPITAL & LIFE INSURANCE 31,349.00 1,936.73 0.00 13,511.83 0.00 17,837.17 43.10
5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51420 LONG-TERM DISABILITY 603.00 0.00 0.00 229.32 0.00 373.68 38.03
5611-51440 FICA 10,991.00 864.08 0.00 3,327.40 0.00 7,663.60 30.27
5611-51450 MEDICARE 2,571.00 202.09 0.00 1,306.55 0.00 1,264.45 50.82
5611-51470 WORKERS COMP PREMIUM 566.00 0.00 0.00 416.36 0.00 149.64 73.56
5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00
TOTAL PERSONNEL SERVICES 260,575.00 19,201.8B 0.00 120,062.25 0.00 140,512.75 46.08
SUPPLIES
5611-52010 OFFICE SUPPLIES 13,750.00 35.83 0.00 432.08 8,865.00 4,452.92 67.62
5611-52040 POSTAGE & FREIGHT 980.00 1.84 0.00 35.11 41.00 903.89 7.77
5611-52130 TOOLS/ EQUIP - UNDER $1000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-52810 FOOD SUPPLIES 5,000.00 283.85 0.00 1,377.51 172.78 3,449.71 31.01
5611-52990 OTHER 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00
TOTAL SUPPLIES 24,730..00 321.52 0.00 1,844.70 9,078.78 13,806.52 44.17
MATERIALS FOR MAINTENANC
5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 75.00 0.00 1,098.31 0.00 1,901.69 36.61
5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL MATERIALS FOR MAINTENANC 3,000.00 75.00 0.00 1,098.31 0.00 1,901.69 36.61
CONTRACTUAL SERVICES
5611-56030 INCENTIVES 1,289,347.00 27,002.13 0.00 341,694.76 0.00 947,652.24 26.50
5611-56040 SPECIAL SERVICES 61,720.00 5,364.96 0.00 19,520.37 0.00 42,199.63 31.63
5611-56080 ADVERTISING 43,474.00 2,045.00 0.00 10,315.00 0.00 33,159.00 23.73
5611-56090 COMMUNITY DEVELOPMENT 41,750.00 2,442.38 0.00 27,156.49 975.00 13,618.51 67.38
5611-56110 COMMUNICATIONS 4,260.00 349.12 0.00 1,954.85 253.65 2,051.30 51.85
5611-56180 RENTAL 21,600.00 1,755.08 0.00 11,737.98 194.00 9,668.02 55.24
5611-56210 TRAVEL & TRAINING 31,895.00 4,139.17 0.00 7,393.02 1,959.61 22,542.37 29.32
5611-56250 DUES & SUBSCRIPTIONS 9,086.00 0.00 0.00 2,185.00 0.00 6,903.00 24.04
5611-56310 INSURANCE 1,803.00 0.00 0.00 303.00 0.00 1,500.00 16.81
5611-56510 AUDIT & LEGAL SERVICES 22,750.00 6,108.46 0.00 9,960.96 0.00 12,789.04 43.78
5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0.00 0.00 3,150.00 0.00 16,850.00 15.75
5611-56610 UTILITIES-ELECTRIC 3,500.00 152.98 0.00 _ B58.76 _ 47.35 2,593.89 25.89
TOTAL CONTRACTUAL SERVICES 1,551,187.00 49,359.28 0.00 436,230.19 3,429.81 1,111,527.00 28.34
4-15-2013 03:55 PM CITY OF WYLIE PAGE: 4
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2013
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
DEBT SERVICE 6 CAP. REPL
5611-57110 DEBT SERVICE 673,755.00 55,136.33 0.00 505,780.68 0.00 167,974.32 75.07
5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL DEBT SERVICE 6 CAP. REPL 673,755.00 55,136.33 0.00 505,780.68 0.00 167,974.32 75.07
CAPITAL OUTLAY
5611-58110 LAND-PURCHASE PRICE 300,000.00 0.00 0.00 395,334.00 0.00 ( 95,334.00) 131.78
5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58210 STREETS & ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00
5611-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00
5611-58830 FURNITURE 6 FIXTURES 2,500.00 0.00 0.00 2,472.50 0.00 27.50 98.90
5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 494,284.00) 0.00 494,284.00 0.00
TOTAL CAPITAL OUTLAY 345,500.00 0.00 0.00 ( 96,47/.50) 0.00 441,977.50 27.92-
OTHER FINANCING (USES)
5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00
5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00
TOTAL DEVELOPMENT CORP-WEDC 2,863,747.00 124,094.01 0.00 973,538.63 12,508.59 1,877,699.78 34.43
TOTAL EXPENDITURES 2,863,747.00 124,094.01 0.00 973,538.63 12,508.59 1,877,699.78 34.43
REVENUE OVER (UNDER) EXPENDITURES ( 528,774.00) 59,300.72 0.00 433,827.87 ( 12,508.59) ( 950,093.28) 79.68-
""6 END OF REPORT ""•
Wylie Economic Development Corporation
Balance Sheet Sub ledger
March 31, 2013
Notes Payable
Date of Rate of
Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance
February 1, 2013 $5,407,537.06
ANBTX MARTINEZ(#29 of 60) 10/28/10 8,200.66 252,349.67 7,627.09 573.57 2.95 244,722.58
ANBTX ACE(#20 of 180) 8/1/11 36,828.67 4,531,065.92 19,083.54 17,745.13 4.55 4,511,982.38
ANBTX HUGHES/RANDACK(#4 OF 60: 10/23/12 10,107.00 524,121.47 8,483.23 1,623.77 3.99 515,638.24
March 31, 2013 35,193.86 $19,942.47 $5,272,343.20
Note: Principal and Interest payments vary by date of payment.
The WEDC entered into a$1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway.
Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly.
Wylie Economic Development Corporation
Inventory Subledger
March 31, 2013
Inventory- Land
Date of Pur. Address Acreage Improvements Cost Basis
Value Sq. Ft.
McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00
Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22
Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00
Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50
KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87
Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03
Randack 10/23/12 711-713 Cooper Dr. 1.089 400,000 8,880 400,334.00
Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21
R.O.W. 0.18 41,585.26
Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00
R.O.W. 0.11 n/a 77,380.45
Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55
Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00
Sale of R.O.W 2/14/07 -0.09 -20,094.48
Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02
Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77
Premier Plaza-ACE 8/26/05 Martinez Lane 22.44 96,000 -639,000.00
Sale to Savage 5/28/08 -3.87 -98,917.20
SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65
Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00
Total 30.48 976,808 129,755 2,824,298.40
*A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes
owed and therefore not part of the land value.
*Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was
developed by Seller for tax purposes.
*Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase
($112,500).
Wylie Economic Development Corporation
AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion
March 31, 2013
2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment Pmt. Date Ck.#
August 4,257.03 7,766.75 851.41 1,553.35 14,428.54
September 4,257.03 7,766.75 851.41 1,553.35 14,428.54
October 4,257.03 7,766.75 851.41 1,553.35 14,428.54
November 4,257.03 7,766.75 851.41 1,553.35 14,428.54
December 4,257.03 7,766.75 851.41 1,553.35 14,428.54
1/4/2012 WISD-52923
Total 21,285.15 38,833.75 4,257.05 7,766.75 72,142.70 COW-52915
2012 Amt. Received COW Tax WISD Tax Total Payment
January 4,257.03 7,766.75 12,023.78
February 4,257.03 7,766.75 12,023.78
March 4,257.03 7,766.75 12,023.78
April 4,257.03 7,766.75 12,023.78
May 4,257.03 7,766.75 12,023.78
June 4,257.03 7,766.75 12,023.78
July 4,257.03 7,766.75 12,023.78
August 4,257.03 7,766.75 12,023.78
September 4,257.03 7,766.75 12,023.78 9/21/2012 WISD-57472
Total 38,313.27 69,900.75 108,214.02 COW-57459
2012-2013
October 4,256.23 7,766.75 12,022.98
November 4,257.03 7,766.85 12,023.88
December 4,257.03 7,766.75 12,023.78
January 4,257.03 7,766.75 12,023.78
February 4,257.03 7,766.75 12,023.78
March 4,257.03 7,766.75 12,023.78
Total 25,541.38 46,600.60 72,141.98
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE
FOR THE MONTH OF APRIL 2013
MONTH WEDC WEDC WEDC DIFF % DIFF
2011 2012 2013 12 VS 13 12 VS 13
DECEMBER $103,687 $112,676 $148,500 $35,824 31.79%
JANUARY 100,999 118,175 117,904 -271 -0.23%
FEBRUARY 158,204 171,759 187,682 15,923 9.27%
MARCH 104,670 113,571 139,745 26,175 23.05%
APRIL 98,463 115,114 121,594 6,480 5.63%
MAY 158,379 154,424
J U N E 116,832 119,326
JULY 119,527 125,555
AUGUST 157,310 155,875
SEPTEMBER 123,153 123,863
OCTOBER 118,827 122,650
NOVEMBER 163,346 172,141
Sub-Total $1,523,400 $1,605,130 $715,425 $84,130 13.33%
AUDIT ADJ
TOTAL $1,523,400 $1,605,130 $715,425 $84,130 13.33%
WEDC SALES TAX ANALYSIS
$200,000
$180,000
$160,000 _ - ,_
$140,000
$12700 - - - -
$1000
02012
$80,000 - - - ■2013
$60,000 - -
I
$40,000 - -
$20,000 -
$0 t t t t t 1 t ' - {
N f0 r Q .�. U
Il a Ou O N
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44 Wk.. C4
e Wylie City Council
AGENDA REPORT
.14 1ss7_"
-Are or it,'"
Meeting Date: April 23,2013 Item Number: E.
Department: City Secretary/Public Art (City Secretary's Use Only)
Prepared By: Carole Ehrlich Account Code:
Date Prepared: April 18,2013 Budgeted Amount:
Exhibits: Ordinance
Subject
Consider, and act upon Ordinance No. 2013-20 of the City Council of the City of Wylie, Texas, adopting
Division 3 (Rules and Regulations) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part 2
of the Wylie Code of Ordinances' providing for repealing, savings and severability clauses, providing for a
penalty for the violation of this ordinance, providing for an effective date, and providing for the publication of
the caption hereof.
Recommendation
Motion to approve, Ordinance No. 2013-20 adopting Division 3 (Rules and Regulations) of Article X (Public
Arts Program) of Chapter 2 (Administration) of Part 2 of the Wylie Code of Ordinances' providing for
repealing, savings and severability clauses, providing for a penalty for the violation of this ordinance; providing
for an effective date and providing for the publication of the caption hereof
Discussion
After completion of the public art pieces at Community Park,parks staff was approached by Wylie Baseball and
Softball Association (WBSA) league representatives regarding the safety of children interacting with the art
pieces. The league representative reported seeing children climbing and hanging on the Octopitcher and
Batterpillar art pieces, and they were concerned how they needed to approach patrons in the park about this
behavior.
In selecting sculptures for the park, the Parks Board had recommended art that was interactive for children.
Carole Ehrlich, City Secretary and Public Art Advisory Board staff liaison has worked with parks staff, Glenna
Hayes, City Purchasing Agent, the City insurance carrier, Texas Municipal League (TML), and the City
Attorney to address these safety concerns.
The City Attorney recommended adding a division to the Wylie Code of Ordinances addressing rules and
regulations for public art in the city including Community Park. Both TML and the City Attorney recommended
signage be placed at the art site to address these issues. While the board and city wish children to interact with
the art (sitting on the art for photos, walking around the base of the art) it must be clear that specific acts are
prohibited. The following is the wording recommended by the Public Arts Board and the city attorney to alert
those interacting with the art, of polices in place addressing prohibited actions.
Page 1 of 2
Page 2 of 2
ART IS INTENDED TO LIFT THE MIND, NOT THE FEET
Octopitcher and Batterpillar are pieces of art created for the City of Wylie Community Park. Please
enjoy the pieces safely and respectfully.
To climb, hang, swing,jump, damage, vandalize, deface or inappropriate use of public art is prohibited
and violators assume any risk of injury (Ordinance No. 2013-20).
ORDINANCE NO. 2013-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS; ADOPTING DIVISION 3 (RULES AND REGULATIONS) OF
ARTICLE X (PUBLIC ARTS PROGRAM) OF CHAPTER 2
(ADMINISTRATION) OF PART 2 OF THE WYLIE CODE OF
ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOALTION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") established the
Public Arts Program for the City of Wylie, Texas ("Wylie"); and
WHEREAS, it has come to the attention of the City Council that for the safety of the public,
preservation of the art and the protection of the public's investment in the public arts program,
Article X (Public Arts Program) needs to be amended to adopt rules and regulations related to art
that is part of the public arts program; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to adopt Division 3 (Rules and Regulations) of
Article X (Public Arts Program) of Chapter 2 (Administration) of Part 2 of the Wylie Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Adoption of Division 3 (Rules and Regulations) of Article X(Public Arts
Program) of Chapter 2 (Administration) of Part 2 of the Wylie Code of Ordinances. Division
3 (Rules and Regulations) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part
2 of the Wylie Code of Ordinances is hereby adopted as follows:
"DIVISION 3. RULES AND REGULATIONS
Sec. 2-350. Rules and regulations related to art in the Wylie public arts
program.
The following acts shall be prohibited on any art in the Wylie public arts
program, as that term is defined in this Article X:
(1) Climbing, hanging, swinging, or jumping from or on any art and any violators
shall assume any risk of injury.
(2) Damaging, vandalizing, defacing or inappropriately using the art.
Ordinance No.2013-20-Amendment to Article X(Public Arts Program) Page 1 of 2
Secs. 2-351-2-60 Reserved."
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 5: Penalty Provision. Any person or entity violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to
exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire
safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall
not exceed the sum of TWO THOUSAND AND NO/100 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 6: Effective Date. This Ordinance shall become effective immediately upon
its adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 23rd day of April, 2013.
Eric Hogue, Mayor
ATTESTED AND
CORRECTLY RECORDED:
Carole Ehrlich, City Secretary
Dates of Publication: , The Wylie News
Ordinance No. 2013-20-Amendment to Article X(Public Arts Program) Page 2 of 2
CITY OF WYLIE
MEMO
To: Mayor, City Council
From: Mindy Manson,City Manager
Date: April18,2013
Re: Draft Communication Plan Comments
The following is a summary of the comments received thus far regarding the draft
Communications Plan. I have attempted to group the comments by topic and have noted the
page number from the Strategic Recommendations portion of the report that correlates to the
comments when possible.
- The Communication Plan will help prioritize and give a road map for better use of
time and output.
There is not enough emphasis on marketing. This is an area that is of vital
importance for our city as we seek to establish a reputation and identity, and needs
to be a strong priority for the city through the PIO's department. When we establish
a positive or "known" identity, it will be even easier to attract businesses and
residents.
- Twitter and Facebook should be primary, less emphasis on Flicker. p. 22
- Strongly agree that we need to restructure how time is presently spent and reorder
these areas, as stated in the report. p. 23
Need to define"non-core" and"core" duties. p. 23
Agree with using Cooksey for immediate help in actually producing and helping us
build relationships with those we need to reach for positive communication in
getting our city's message out. It is wise that we keep them on until the individuals
that will ultimately do this job for the city are properly trained by Cooksey
representatives. p. 24
- Do not agree with the idea of using high school students or college students. At
best, this would lack continuity and there would be frequent turn over. The
message of the city is far too important to put our communication in the hands of
students. p. 24 and p. 27
- Partnering with the WISD is a great idea and suggests use part-time help. p. 24
and p. 27
- Strongly encourage finding a budgetary means to give more priority to this
department. This area is so important to the city (and while hard to measure could
1
actually lead to new revenue for the city). It is time for Wylie to have a larger
department for PIO/Communication/Marketing. p. 24
- If we are going to revamp the PIO office then we need to decided what type person
we want in charge and how many people under that person we want and how much
we want to invest in that department. p. 24
- Two Councilmembers do not believe that we need to staff a PIO in police or fire at
this time. p. 24
- Agree with the content and positioning of the proposal/report, Objectives #1 thru
#4, but firmly believe that the Branding section listed as a "C" level priority should
be moved to a strong "B" and perhaps an "A". We are going to go around
promoting Wylie, improving our public outreach and communication channels
with the message of "City Between", not on, not using to generate revenue, not
even having that much good access to (Lake Ray Hubbard), but we are near two
lakes that are so different in use and development that it is questionable how many
citizens currently use Lavon let alone move or visit here because of it. The lakes
are not our strength from a marketing point of view. p. 25
- We need to have an app, similar to "myrichardson" that feeds to our web friendly
website IF we have the funds at budget time. This type of mobile app could
potentially touch thousands of citizens on a monthly basis which is great PR and
interaction with our community at a pretty reasonable cost. p.26
Agree that phone messages should have messages to reinforce message, but should
be priority"A"not "C". p.27
Agree with quarterly Council work session updates on communication activities to
keep implementation of plan on track. p. 28
- Agree that evening coffee/town hall meeting should be available for the citizens
who work outside the community. Chamber does a good job of meeting with
businesses. p.28
Need to identify who are city spokesperson(s). p. 30
•Page 2
`+t`L OF WI.,
ra
gar: r. : .
Wylie City Council
,` AGENDA REPORT
oiss7•"rE op ,I
Meeting Date: April 23,2013 Item Number: 1.
(City Secretary's Use Only)
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: April 10,2013 Budgeted Amount:
Exhibits: 1
Subject
Conduct a 2nd Public Hearing for the annexation of an 8.052 acre tract of land situated in the Francisco de la
Pina Survey, Abstract No. 688, which is contiguous to the City of Wylie, in Collin County, Texas, generally
located on County Road 384 (Skyview Court) and north of S.H. 78.
Recommendation
Conduct a Public Hearing only.No action is necessary.
Discussion
This annexation is at the request of the property owner, Kansas City Southern Railway Company and
applicant, Multatech Engineering, Inc. The subject tract is contiguous to and is surrounding by other KCS
property currently within city limits. The request is to allow for the rezoning of said property and the potential
development of a KCS Intermodal Facility in Wylie.
Access to the property is currently from County Road 384, with direct access from S.H. 78.
Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct
two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The
notice for each hearing must be published at least once on or after the 20th day but before the 10th day before
the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In
compliance with state law, the following schedule has been adhered to:
Notice published for Public Hearings March 27, 2013 and April 3, 2013
First Public Hearing April 9, 2013
Second Public Hearing April 23, 2013
Adoption of Ordinance May 14, 2013
Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation
is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code.
Page 1 of 1
Annexation Exhibit
KCS Wylie, TX Intermodal
Page 1 of 3
EXHIBIT"A"
Property Description
BEING AN 8.052 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO
DE LA PINA SURVEY, ABSTRACT NUMBER 688, COLLIN COUNTY,
TEXAS AND MORE PARTICULARLY, BEING ALL OF A TRACT OF LAND
CONVEYED TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY
(HENCEFORTH, REFERRED TO AS KCS TRACT I) BY INSTRUMENT
RECORDED IN DOCUMENT NUMBER 19960719000606400, OFFICIAL
RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the intersection of the southerly line of the Kansas City Southern
Railway Company right-of-way(a called 100-foot wide right-of-way at this point,
henceforth referred to as KCS RR ROW) by instrument recorded in Document
Number 19941026000963290, said Official Records and the west right-of-way
line of County Road No. 384 (Skyview Court) (a called 60-foot right-of-way, no
recording information found),being the Northeast corner of said KCS Tract I;
THENCE S 01°00'56" E, along the common line of said KCS Tract I and said
County Road No. 384 west right-of-way line, a distance of 357.00 feet to the
Southeast corner of said KCS Tract I and the Northeast corner of a tract of land
situated in said Pina Survey, conveyed to James C. Harris and wife, Dorris Harris
by instrument recorded in Volume 571, Page 577, Deed Records of Collin
County,Texas;
THENCE N 88°03'22" W, departing the common line of said KCS Tract I and
said County Road No. 384 west right-of-way line, with the common line of said
KCS Tract I and said Harris tract, at a distance of 140 feet, pass the Northwest
corner of said Harris tract and the Northeast corner of a tract of land situated in
said Pina Survey conveyed to WPA Ministries by instrument recorded in
Document Number 20090810001004530, said Official Records, continuing with
the common line of said KCS Tract I and said WPA Ministries tract, in all, a total
distance of 540.80 feet to the Northwest corner of said WPA Ministries tract and
the Northeast corner of a tract of land situated in said Pina Survey, conveyed to
Kansas City Southern Railway Company(henceforth referred to as KCS Tract II)
by merger recorded in Document Number 20070803001083280, said Official
Records (the description of said KCS Tract II being contained within the
instrument recorded in Document Number 19960925000829480, said Official
Records);
Annexation Exhibit
KCS Wylie,TX Interrnodal
Page 2 of 3
THENCE N 88°42'25" W, with the common line of said KCS Tract I and said
KCS Tract II, passing at a distance of 1,276.87 feet the East corner of a tract of
land situated in said Pina Survey, conveyed to said Kansas City Southern Railway
Company (henceforth referred to as KCS Tract III) by instrument recorded in
Document Number 19990521000634300, said Official Records, continuing along
the common line of said KCS Tract I and said KCS Tract III, a total distance of
1,429.30 feet to a the intersection of the north line of said KCS Tract III and the
south line of said KCS RR ROW for the west corner of said KCS Tract I;
THENCE N 81°51'05" E, departing the north line of said KCS Tract IIl, with the
common line of said KCS Tract I and said KCS RR ROW, a distance of 839.56
feet;
THENCE N 03°15'05"W, continuing with the common line of said KCS Tract I
and said KCS RR ROW,a distance of 25.09 feet;
THENCE N 81°51'05" E, continuing with the common line of said KCS Tract I
and said KCS RR ROW, a distance of 1,145.00 feet to the POINT OF
BEGINNING containing 8.052 acres of land,more or less.
Note: Bearings based on deed to the Kansas City Southern Railway Company recorded
in Document Number 19960719000606400,O.R.O.R.P.C.C.T.
Note: Plat to accompany this legal description.
Note: All 5/8-inch iron rods set have a yellow cap stamped"SAM INC."
Note: This document was prepared under 22 TAC §663.21,does not reflect the results of an on
the ground survey,and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
PRELIMINARY: .
THIS DOCUMENT SHALL NOT OF
BE RECORDED FOR ANY PURPOSE. co S.. •F f.
at
S. Kevin Wendell 6,1
�A co, �. F4'' k`
Registered Professional Land Surveyor S. KEVIN WENDELL •
Texas Registration Number 5500 SS00
aF `O�
Dated: February 25, 2013 1S'�,• .fS• • . •
t
SUR
ANNEXATION 300' 150' 0 300'I
EXHIBIT IIIIII
GRAPHIC SCALE IN FEET
1" • 300'
FRANCISCO DE LA PINA SURVEY,
ABSTRACT NO. 688
L_____
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THE KANSAS CITY (1,276.87') " ` ` '—'— oN
WUTHERN RAILWAY COMPANY (140.00') $ ~�
DOC.NO.19990521000634300
O
O.R.O.R.P,C.C.T. THE KqNSA$ CITY JAMS C HARRIS s >-Uo�
SOUTHERN RAILWAY COMPANY i go
Op602006 1 s 7 4a:
DOC. N . 1971906400 b.R.d. . i1
O.R.O.R.P,C.C.T.
0 00
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rig
rig
THE KANSAS CITY WPA MINISTRIES
SOUTHERN RAILWAY COMPANY DOC.NO.20090810001004530
BY MERGER RECORDED IN O.R,O.R.P.C.C.7.
DOC.NO.20070803010083280
O.R•O.R.P.C.cc
(DESCRIPTION OF PROPERTY
BEING CONTAINED WITHIN THE INSTRUMENT
RECORDED IN 0OC.NO.19960925000829480
O.R.O.R.P.C.C.T.)
LEGEND
D.R.C.C.T. DEED RECORDS,
COLLIN COUNTY, TEXAS
O.R.O.R.P.C.C,T.OFFICIAL RECORDS OF REAL
PROPERTY, COLLIN COUNTY,
TEXAS NOTE 2: THIS DOCUMENT WAS PREPARED UNDER 22 TAC
P.0.8. POINT OF BEGINNING §663.21, DOES NOT REFLECT THE RESULTS OF AN ON
THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY
OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT
THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED
BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY
NOTE1: A DESCRIPTION OF EVEN DATE TO ACCOMPANY TH'S PLAT. OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
• PRNTED ON
/ SHEET TITLE
1 ' 3,S✓21 W1 ,,'1
p .�`''� ANNEXATION EXHIBIT
7101 ENVOY COURT A Lb'. ,0 •; t •
A
DALLAS, TEXAS 75247
(214)631-7688 • • ... . ...
A'
FAX: (214)631-7103 ' '' ' ' ` I'11'4 PROJECT
P 1 330 3 IQNI,DGN •: • ' ' KCS WYLIE, TX INTERMODAL
PROD NO: 3304 't ,,1�� • SO' Q+7
SCALE: Y'•300' r
DATE: z(y /2413 4 S `/ BEARINGS BASED ON DEED TO THE KANSAS CITY SOUTHERN
DRAWN BY: JA9 r RAILWAY COMPANY RECORDED IN DOC.NO.19960719000606400 PG. 3 OF 3
CHECKED BY: SKW + Of THE O.R.O.R.P.C.C.T.
REVISED DATE:
ANNEXATION APPLICATION
CITY OF WYLIE PLANNING DEPARTMENT (972) 516-6320
CNy of Wylie
Property Description:
Survey Name and Abstract No.: Francisco de la Pima Survey.Abstract Number 688
Tract Number(s):KCSTract1 Number of Acres:8.052
Number of People Living on Each Tract of Land (attach an additional sheet if necessary):0
Current Property Submittal Requirements
Owner's Application
Name:The Kansas City Southern Railway Company Application Fee: $200
Company:
Address:427 W 12th St Metes and bounds description of the property with a
City, State, Zip:Kansas City,MO 64105 graphic exhibit. The metes and bounds description and the
Phone#:816-983-1919 graphic exhibit must contain an original seal and signature of a
Fax#: registered professional land surveyor and shall be on an 81/2"x
E-Mail Address Ipeek("akcsouthern.com 11"sheet of paper.
Owner's 1
Signature: t
-r 1,e VackAiSdo C( SouikeM--
itp.1,,,"- Co ,r An exhibit depicting the location of the property in
'"'� location to the nearest existing or future major thoroughfare
Representative's north, south, east, and west of the property.
Name:Paul Padilla _
Company:Multalech Engineering,Inc.
Address:2821 W 7th St,Ste 400
City, State, Zip:Fort Worth,TX 76107
Phone#:817-289-2060
Fax#:817-877.4245
E-Mail Address ppndilla@mullatech.com
TO BE COMPLETED BY PROPERTY OWNER OR THEIR REPRESENTATIVE:
STATE OF TEXAS YY1 i. 00fri q, }{
COUNTY OF Jackson }{
BEFORE ME, a Notary Public, on this day personally appeared Glen Ebeling,AVP Real Estate and Ind.Development of the
undersigned applicant, who, under oath, stated the following: "I hereby certify that I am the owner, or duly authorized
agent of the owner, for the purposes of this application;that all information submi • herein i d.correct."
$9L.4//,,
Own-r �
.Z..) Qber 4,20A...
SUBSCRIBED AND SWORN TO before me, this the 5th day of March --.� 13?. d sit•
4.1,4, 4).;04..„, NOTARY SEAL
My Commission expires /� -`f•20. S f;� ..[ v •/�5
Notary Public in &for the State of Texas, • J
0f�,✓q���/ STAB
1..
4!1 ilr1141�1
OFFICE USE ONLY
Location of
Property:
This application meets the Planning Department's requirements for processing.
Case Number: _
Signature Date
• ® Wylie City Council
AGENDA REPORT
1887•
Meeting Date: April 23,2013 Item Number: 2.
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 8,2013 Budgeted Amount:
Exhibits: 2
Subject
Consider, and act upon, Ordinance No. 2013-19 amending Ordinance No. 2012-27 (2012-2013 Budget) for
proposed mid-year amendments for fiscal year 2012-2013.
Recommendation
Motion to approve Ordinance No. 2013-19 amending Ordinance No. 2012-27 (2012-2013 Budget) for proposed
mid-year amendments for fiscal year 2012-2013.
Discussion
The mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue
and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are
located within the General Fund, Wylie Economic Development Corporation, 4B Fund, Recreation Fund and
Fire Development Fund. The requests are further defined as neutral (matching revenues to expenditures),
revenue increases or expenditure increases.
Page 1 of 1
ORDINANCE NO. 2013-19
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2012-27, WHICH ESTABLISHED THE BUDGET
FOR FISCAL YEAR 2012-2013; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council heretofore adopted Ordinance No. 2012-27 setting forth the
Budget for Fiscal Year 2012-2013 beginning October 1, 2012, and ending September 30, 2013;
and,
WHEREAS, the City Departments and Divisions routinely review their budget
appropriations to determine if any changes are necessary; and
WHEREAS, based upon said review the City staff now recommends that a certain
amendment to the Budget be considered by the City Council; and,
WHEREAS, the City Council has the authority to make amendments to the City Budget
under Article VII, Section 4 of the City Charter, as well as State law; and,
WHEREAS, the City Council has determined that the proposed amendment to the FY
2012-2013 Budget, with the revenues and expenditures therein contained, is in the best interest
of the City; and therefore, desires to adopt the same by formal action.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF WYLIE, TEXAS:
SECTION I: The proposed amendments to the FY2012-2013 Budget of the City of
Wylie, as heretofore adopted by Ordinance No. 2012-27, are, completely adopted and approved
as amendments to the said FY2012-2013 Budget.
SECTION II: All portions of the existing FY2012-2013 Budget and Ordinance No.
2012-27, except as specifically herein amended, shall remain in full force and effect, and not be
otherwise affected by the adoption of the amendatory ordinance.
SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the
part or parts as declared to be invalid, illegal, or unconstitutional.
SECTION IV: This ordinance shall be in full force and effect from and after its adoption
by the City Council and publication of its caption as the law and the City Charter provide in such
cases.
Ordinance No.2013-19-City Council
Mid-Year Budget Amendment-FY2012-2013 Page 1 of 2
SECTION V: That all other ordinances and code provisions in conflict herewith are
hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the
Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or
provision of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 23rd day of April, 2013.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Ordinance No.2013-19-City Council
Mid-Year Budget Amendment-FY2012-2013 Page 2 of 2
City of Wylie
FY 2013 Mid-Year Adjustments
Fund/Account Account Desription Mid-Year Description Amount Additional Description
100-5211-52130 Tools&Equipment L-3 Mobile Vision Digital Camera 16,200 Cameras for Interview Rooms
100-5211-52990 Other DA Payout for seized money 4,709 Budget Neutral
100-5211-56040 Special Services DA Payout for seized money 92 Budget Neutral
100-5211-56040 Special Services DA Payout for seized 2003 Toyota 500 Budget Neutral
100-5211-52130 Tools&Equipment Cell Phone Investigation Equipment 9,363 Budget Neutral
100-5211-56210 Travel&Training Training Program 2,221 Budget Neutral
100-5211-52250 Medical&Surgical SANE Exams 1,063 Budget Neutral
100-5211-52710 Wearing Apparel Bullet Resistant Vest Grant 1,595 Budget Neutral
100-5211-52130 Tools&Equipment Laptop Computer&IBRS Software 6,500 Laptop for Crime Prevention Officer
100-5211-51110 Salaries T 5%Assignment Pay 27,585
100-5211-51310 TMRS TMRS 3,760 Salary/Personnel
100-5211-51440 FICA FICA 1,943 Related
100-5211-51450 Medicare Medicare 455
100-5155-52130 Tools/Equipment Mobile App for TLC(Library) 6,083 Budget Neutral
100-5551-56040 Special Services Computer Classes 10,000 Budget Neutral
100-5551-56040 Special Services Microfilm archives 24,999 Budget Neutral
100-5551-56040 Special Services Wylie Youth Enrichment Program 4,830 Budget Neutral
100-5551-56040 Special Services Programming 4,056 Budget Neutral
100-5551-54810 Computer Hard/Software Learning Express 1,041 Budget Neutral
100-5551-5XXXX Personnel Services Add.Part-time Refrence Asst.Hours 6,114 Salary/Personnel
100-5551-5XXXX Personnel Services Seasonal Part-time Clerk 3,235 Related
100-5511-56630 Outdoor FF&E Unexpected High Water Usage 90,000
Total General Fund 226,344
111-4000-49325 Bank Note Proceeds Bank Note from American National Bank 548,935 Budgeting/Accounting Cleanup
111-5611-57110 Debt Service Randack/Hughes Property Payoff 211,195 Budgeting/Accounting Cleanup
111-5611-58110 Land-Purchase Price Randack/Hughes Property Payoff 395,000 Budgeting/Accounting Cleanup
Total WEDC Fund 57,260 MI
112-4000-40210 Sales Tax Adjust for Sales Tax Assigned to Rec Fund 697,596 Budgeting/Accounting Cleanup
112-5000-59125 Transfer to Rec Fund Adjust for Sales Tax Assigned to Rec Fund 697,596 Budgeting/Accounting Cleanup
Total 4B Fund —
125-4000-40210 Sales Tax Adjust for Sales Tax Assigned to Rec Fund 697,596 Budgeting/Accounting Cleanup
125-4000-49132 Transfer from 4B Rev Adjust for Sales Tax Assigned to Rec Fund 697,596 Budgeting/Accounting Cleanup
Total Recreation Fund . 0
133-5643-58110 Land-Purchase Price Land Purchase for Future Fire Station#4 435,000
Total Fire Development Fund 435,000
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 1 of 28
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2012-2013 PERSONNEL SAVINGS AMENDMENTS 2012-2013
REVENUES:
Ad Valorem Taxes 14,110,402 - - 14,110,402
Sales Taxes 3,496,478 - - 3,496,478
Franchise Fees 2,421,700 - - 2,421,700
Licenses&Permits 442,000 - - 442,000
Intergovernmental Revenues 650,500 - - 650,500
Service Fees 2,805,000 - - 2,805,000
Fines and Forfeitures 307,000 - - 307,000
Interest&Miscellaneous 350,500 - 51,009 401,509
Total Revenues 24,583,580 - 51,009 24,634,589
OTHER FINANCING SOURCES:
Transfers from Other Funds 1,772,297 - - 1,772,297
Use of Fund Balance for Equipment for Fleet&Equipment 896,040 - - 896,040
Total Other Financing Sources 2,668,337 - - 2,668,337
Total Revenues&Transfer in 27,251,917 - - 27,302,926
EXPENDITURES:
General Government
City Council 89,411 - - 89,411
City Manager 706,104 (13,325) - 719,429
City Secretary 261,684 4,435 - 257,249
City Attorney 128,000 - - 128,000
Finance 929,128 (611) - 929,739
Facilities 535,153 (4,831) - 539,984
Municipal Court 277,667 3,875 - 273,792
Human Resources 209,798 2,584 - 207,214
Purchasing 92,242 - - 92,242
Information Technology 899,050 11,891 6,083 893,242
Animal Control 363,640 13,248 - 350,392
Public Safety
Police 6,056,532 61,158 75,986 6,071,360
Fire 5,897,593 (61,579) - 5,959,172
Emergency Communications 1,102,783 6,136 - 1,096,647
Development Services
Planning 483,794 - - 483,794
Building 566,707 39,600 - 527,107
Code Enforcement 262,035 3,411 - 258,624
Streets 1,725,016 7,907 - 1,717,109
Community Services
Parks 1,686,349 21,152 90,000 1,755,197
Recreation - - - -
Library 1,444,220 (10,144) 54,275 1,508,639
Non-Departmental 3,672,499 - - 3,672,499
Total Expenditures 27,389,405 84,907 226,344 27,530,842
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 2 of 28
FY 2013 Mid Year Adjustments
Salary&Benefits Savings
FY 2013 Budget
City Council $ -
City Manager $ (13,325) Employee compensation unpaid in prior year
City Secretary $ 4,435
Finance $ (611) Payout due to employee resignation
Facilities $ (4,831) Difference between what was budgeted and actual for position
Municipal Court $ 3,875
Human Resources $ 2,584
Purchasing $ -
Information Technology $ 11,891 Period of vacant position
Animal Control $ 13,248 Period of vacant positions
Police $ 61,158 Period of vacant positions
Payout due to employee retirement&difference between
Fire $ (61,579) budgeted and actual for positions
Emergency Communications $ 6,136
Planning $ -
Building Inspections $ 39,600 Period of vacant positions
Code Enforcement $ 3,411
Streets $ 7,907 Period of vacant positions
Parks $ 21,152 Period of vacant positions
Recreation $ -
Library $ (10,144) Difference between what was budgeted and actual for positions
$ 84,907
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 3 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT:
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Purchase 3 new Mobile Vision Digital cameras for new interview rooms in the newly remodeled PSB. One for the juveniles interview
room and one for the adult. There is currently only one camera to cover 4 rooms and the camera is not portable, it must be mounted in
each interview room.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52130 L-3 Mobile Vision Digital camera interview rooms
$5400 x 3 16,200
TOTAL 16,200
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 4 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT:
New Request: New personnel? Salary Grade:
Funds already expensed or received? Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Transfer seized funds from the State and Local Police seized funds account into the listed accounts that were used to pay our portion of
fees to the DA's office for the award of cash and vehicles. The fees were not budgeted as the seizures were not expected and were
funded out of the listed accounts.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52990 Seizure fees for cash awarded 4,709
100 5211 56040 Seizure fees for cash awarded 92
100 5211 56040 Seizure fees for 2003 Toyota Truck 500
TOTAL 5,301
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 5 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT:
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Access Seized Funds from the State and Local Police Seized funds account. There is a current balance of Approximately $31,500 in the
account. Funds were awarded by court order and must be used for the furtherance of penal code investigations. This device and software
will assist in our investigations of homicides, burglaries, fraud and missing persons as the device offers many investigative advantages.
This was a new request in last years budget but was not funded. The device and training have already been purchased as there is a need
for this technology. We are requesting transfer from the seized funds account back into the accounts the items were funded from. The
funds already exist specifically for these types of purchases that will assist our investigative capacity.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52130 Cell Phone Investigation equipment, computer
software, cables, license 9,363
100 5211 56210 Training / hotel /Per diem 2,221
TOTAL 11,584
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 6 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
New Request: No New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Transfer funds received from the state for SANE exams in the amount of$1,063.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52250 SANE exams 1,063
TOTAL 1,063
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 7 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
New Request: No New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Transfer grant funds received for Bullet Proof Vests in the amount of$1,595.31.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52710 Vest Grant 1,595
TOTAL 1,595
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 8 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT:
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
At the beginning of this FY it became evident that there was a need to reallocate a position from patrol duties to begin a more pro-active role
by way of establishing a Crime Prevention Officer. This officer coordinates Neighborhood Watch Groups, The Citizens Police Academy, The
Teen Academy, The Youth Enrichment Program, National Night Out, and the CPA Alumni Association. These functions had been handled
by several other individuals. By creating this position as an internal lateral assignment those duties are now centralized and those officers
that were doing these duties on top of existing duties are now free to perform their duties. This position, though already existing does not
have a laptop or desk top to assist her in her duties. We are requesting this equipment to further expand our efforts.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52130 Lap top computer 2,000
IBRS License 4,500
TOTAL 6,500
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 9 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK DEPARTMENT:
New Request: New personnel? Salary Grade:
Funds already expensed or received? yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
When selected for a specialty assignment such as Admin, CID or SRO there is an overall loss of income of approximately 5%. The reason
there is a loss of salary is the difference in hours worked. Patrol officer's work an 84 hour pay period while CID, SRO and Admin, work an
80 hour pay period. These assignments all carry additional responsibilities and their day rarely ends at the end of their shift. The loss of
income can be as much as $4,000 annually depending on rank and step in the pay plan. This has caused many seasoned officers to refrain
from trying to obtain a position in these specialty areas. The assignment pay would be a 5% increase in hourly rate and would be for the
period of the assignment. The employees annual salary will not change only the hourly rate. the 5% increase make up for the difference in
hours lost from patrol. Cost estimate is for 18 officers assigned to specialty units. The estimate includes benefits.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 51110 5% assignment pay for 6 months 27,585
Benefits 6,158
TOTAL 33,743
ADDITIONAL COMMENTS:
Request submitted as a mid-year adjustment for those working on 80 hour work week. The cost listed reflects 6 months of salary and
benefits for 18 positions. Costs are figured at each of the 18 positions current wage. We have had salary savings during the first 6 months
of this fiscal year and are requesting the savings be utilized to fund this issue. This proposal is to have these positions receive assignment
pay until a new pay plan is put in place which would then be a sub-category in a pay grade such as 60A being a 2184 schedule, and 60B a
2080 schedule with the hourly rate being higher in 60B to compensate for the hours worked difference. This is already being done with FD
at the captain level in which an admin position has a higher hourly rate than a shift position to compensate the hours worked.
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 10 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: IT/(Library)
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library received a Library Mobile Project Grant from the Texas State Library and Archives Commission. The grant will fund a new
server and a mobile for the integrated library system (TLC).
ACCOUNT NO. DESCRIPTION AMOUNT
100 5155 52130 Mobile App and new server Library 6,083
TOTAL 6,083
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 11 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 3 REQUEST: Impact Grant Reimbursement DEPARTMENT: Library
New Request: New personnel? Salary Grade:
Funds already expensed or received? ❑ Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
This is reimbursement from the Impact Grant for computer classes. We have received $2,504. We purchase the items and then we are
reimbursed by the state.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56040 Impact Grant Reimbursement 10,000
TOTAL 10,000
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 12 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 4 REQUEST: TexTreasures Grant DEPARTMENT: Library
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The Library received a TexTreasures Grant from the Texas State Library and Archives Commission to microfilm and digitize the Wylie
News and Sachse News. The funds will be sent to us once the project is completed.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56040 Microfilming/Digitizing Wylie and Sachse News 24,999
TOTAL 24,999
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 13 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 5 REQUEST: Special Projects Grant DEPARTMENT: Library
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The Special Projects Grant funds the Wylie Youth Enrichment Program for FY 13.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56040 Special Projects Grant 4,830
TOTAL 4,830
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 14 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: Catholic Foundation Donation DEPARTMENT: Library
New Request: New personnel? Salary Grade:
Funds already expensed or received? Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library received funds from The Catholic Foundation. Rita and Truett Smith set aside funds for the library. The funds will be used for
programming.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56040 Special Services 4,056
TOTAL 4,056
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 15 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2012
RANK 1 OF 2 REQUEST: ibursement from the Texas State Lil DEPARTMENT: Library
New Request: New personnel? Salary Grade:
Funds already expensed or received? Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Refund for Learning Express because of Texshare.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 54810 Learning Express Refund 1,041
TOTAL 1,041
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 16 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library is requesting five additional hours per week for the five part-time reference assistants from June 1, 2013 through August 31,
2013. These staff members work the adult, teen and children's services desks. The first summer that the new library opened, the library
offered 114 programs and had 9,274 attendance. In FY 12, the library offered 122 programs and had 9,825 attendance, a 5% increase.
It is expected that attendance will increase more in FY 13 because we are having a bigger kick-off and are partnering with the
Recreation Center for the kick-off and a Teddy Bear program. The reference assistants assist with the librarians in presenting story
time, working the public services desks, and assisting during SRC programs. Assisting at the reference desk requires answering
questions using the ILS, walking to the shelves with patrons, assisting patrons on the computers and working the SRC table. Working
the children's desk during the summer is labor intensive because our staff provide quality reader's advisory. Our parents are interested
in knowing the best books for their children's reading level. This takes a reference interview and building rapport with parents. The Adult
Services Department also offers a summer reading club program and activities. They also offer reader's advisory, computer assistance
and answer reference questions. In addition, the library will offer computer classes during the summer, a service that was not offered
summer 2012. This will pull away a librarian from desk duty. Citizens checked-out 125,548 items from June through August. In FY 12,
citizens checked-out 150,623 library materials , a 20% increase. In-house usage of library materials in FY 11 was 7,297 and in FY 12,
9.702. a 32% increase.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 51110 Additional Part-time Hours 4,969
Benefits 1,145
TOTAL 6,114
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 17 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 7 REQUEST: DEPARTMENT: Library
New Request: New personnel? yes Salary Grade:
Funds already expensed or received? ❑ Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library is requesting a seasonal part-time clerk to work from June 1, 2013 through August 31, 2013. Currently, the library has two 20-
hour part-time clerks. During the summer, the clerks and volunteers cannot keep up with sorting and shelving of library materials. It is
vital that these materials are turned around quickly to the shelves. If they are not shelved in a timely manner, patrons will not find
materials while browsing and staff will spend time going back and forth from the public service floor to the work room. The first summer
that the new library opened, citizens checked-out 125,548 items from June through August. In FY 12, citizens checked-out 150,623
library materials , a 20% increase. In-house usage of library materials in FY 11 was 7,297 and in FY 12, 9,702, a 32% increase. Library
materials used by citizens in-house must also be collected, counted through the ILS, and returned to the shelves. In addition, library
clerks process holds (materials that citizens have requested online) twice a day. In FY 11, there were 7,391 holds processed and in FY
12, 9,159 holds were processed, a 23% increase. It is our goal to have holds processed the same day that they are requested.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 51110 Seasonal Part-time Clerk 2,962
Benefits 273
TOTAL 3,235
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 18 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: Parks Division
New Request: New personnel? Salary Grade:
Funds already expensed or received? I Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Due to the higher the normal use of water to establish new turf at Community Park in the spring and summer of 2012, the water budget
exceeded its budgeted amount. The extra water expenses from FY11-12 were taken from the current FY12-13 budget, thus creating a
shortfall. In addition, staff recognizes that anticipated water expenditures for FY12-13 have been underestimated. Even though staff
adheres to the Conservation Plan and Drought Contingency Plan and is as conservative as possible in irrigation practices at all City
properties, parks, and athletic facilities, additional funds are needed for this line item. Also, staff has not seen the impact of irrigating
the landscape improvements on Highway 78 and the Medical Plaza median.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5511 56630 Utilities-water 90,000
TOTAL 90,000
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 19 of 28
WYLIE ECONOMIC DEVELOPMENT
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2012-2013 PERSONNEL SAVINGS AMENDMENTS 2012-2013
REVENUES:
Sales Taxes 1,743,989 - - 1,743,989
Interest&Miscellaneous 221,262 - - 221,262
Bank Note Proceeds - - 548,935 548,935
Lease Prinicipal Payments 369,722 - - 369,722
Total Revenues 2,334,973 - 548,935 2,883,908
OTHER FINANCING SOURCES:
Total Other Financing Sources - - - -
Total Revenues&Transfer in 2,334,973 - - 2,883,908
EXPENDITURES:
Economic Development
Development Corporation 2,863,747 - 606,195 3,469,942
Total Expenditures 2,863,747 - 606,195 3,469,942
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 20 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: WEDC
New Request: New personnel? Salary Grade:
Funds already expensed or received? Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Increase Revenue
ACCOUNT NO. DESCRIPTION AMOUNT
111 4000 49325 Bank Note Proceeds 548,935
TOTAL 548,935
ADDITIONAL COMMENTS:
Bank Note from American National Bank
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 21 of 28
REQUEST FORM - MID YEARBUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: WEDC
New Request: New personnel? Salary Grade:
Funds already expensed or received? ❑ Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Increase Budget
ACCOUNT NO. DESCRIPTION AMOUNT
111 5611 57110 Debt Service 211,195
111 5611 58110 Land 395,000
TOTAL 606,195
ADDITIONAL COMMENTS:
Debt Service - Pay off Hughes Note ($110,125) and add Randack/Hughes Note ($101,070)
Land - Purchase of Randack Property
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 22 of 28
4B REVENUE FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2012-2013 PERSONNEL SAVINGS AMENDMENTS 2012-2013
REVENUES:
Sales Taxes 1,046,394 - 697,596 1,743,990
Revenue in leiu of taxes - - - -
Franchise Fees - - - -
Licenses&Permits - - - -
Intergovernmental Revenues 45,800 - - 45,800
Service Fees - - - -
Court Fees - - - -
Interest&Miscellaneous 1,000 - - 1,000
Total Revenues 1,093,194 - 697,596 1,790,790
OTHER FINANCING SOURCES:
Total Other Financing Sources - - - -
Total Revenues&Transfer in 1,093,194 - 697,596 1,790,790
EXPENDITURES:
4B Revenue Fund
4B Parks 416,284 - - 416,284
4B Recreation 340,434 - - 340,434
Non-Departmental 568,000 - - 568,000
Transfers to Other Funds - - 697,596 697,596
Total Expenditures 1,324,718 - 697,596 2,022,314
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 23 of 28
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: 4B Revenue
New Request: New personnel? Salary Grade:
Funds already expensed or received? ❑ Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Change in accounting method used for recording sales tax proceeds assigned to the Recreation Fund. Instead of 51% of the 1/2 cent
portion of the monthly sales tax revenue being recorded directly to the Recreation Fund, the entire 1/2 cent portion will be recorded in the
4B Revenue Fund and transferred to the Recreation Fund.
ACCOUNT NO. DESCRIPTION AMOUNT
112 4000 40210 Sales Tax 697,596
112 5000 59125 Transfer to Recreation Fund 697,596
TOTAL 0
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 24 of 28
RECREATION FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2012-2013 PERSONNEL SAVINGS AMENDMENTS 2012-2013
REVENUES:
Sales Tax 697,596 - (697,596) -
Service Fees 569,000 - - 569,000
Interest&Miscellaneous 17,000 - - 17,000
Total Revenues 1,283,596 - (697,596) 586,000
OTHER FINANCING SOURCES:
Transfers from Other Funds - - 697,596 697,596
Total Other Financing Sources - - 697,596 697,596
Total Revenues&Transfer in 1,283,596 - - 1,283,596
EXPENDITURES:
Recreation
Recreation 1,276,900 - - 1,276,900
Total Expenditures 1,276,900 - - 1,276,900
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 25 of 28
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: Recreation
New Request: New personnel? Salary Grade:
Funds already expensed or received? a Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Change in accounting method used for recording sales tax proceeds assigned to the Recreation Fund. Instead of 51% of the 1/2 cent
portion of the monthly sales tax revenue being recorded directly to the Recreation Fund, the entire 1/2 cent portion will be recorded in the
4B Revenue Fund and transferred to the Recreation Fund.
ACCOUNT NO. DESCRIPTION AMOUNT
125 4000 40210 Sales Tax (697,596)
125 4000 49132 Transfer from 4B Revenue 697,596
TOTAL 0
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 26 of 28
FIRE DEVELOPMENT FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2012-2013 PERSONNEL SAVINGS AMENDMENTS 2012-2013
REVENUES:
Service Fees 130,000 - - 130,000
Interest&Miscellaneous 1,000 - - 1,000
Total Revenues 131,000 - - 131,000
OTHER FINANCING SOURCES:
Use of Fire Development Fund-Fund Balance - - 435,000 435,000
Total Other Financing Sources - - 435,000 435,000
Total Revenues&Transfer in 131,000 - 435,000 566,000
EXPENDITURES:
Fire Development Fees
Capital Outlay - - 435,000 435,000
Total Expenditures - - 435,000 435,000
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 27 of 28
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2013
RANK 1 OF 1 REQUEST: DEPARTMENT: Fire
New Request: New personnel? Salary Grade:
Funds already expensed or received? a Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Purchase of land to be used as the future location for Fire Station #4.
ACCOUNT NO. DESCRIPTION AMOUNT
133 5643 58110 Land Purchase for Fire Station #4 435,000
TOTAL 435,000
ADDITIONAL COMMENTS:
Regular Item#2-Attachment#2-2013 Mid Year Amendments Council Packet Page 28 of 28
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 23, 2013 Item Number: 3.
Department: City Secretary (City Secretary's Use Only)
Prepared By: Carole Ehrlich Account Code:
Date Prepared: March 25, 2013 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District
(NTMWD) Board to fill an expired term of May 31, 2013 to May 31, 2015.
Recommendation
A motion to appoint _to the North Texas Municipal Water District (NTMWD) Board of
Directors for a term to begin June 1, 2013 and end May 31, 2015.
Discussion
The Board of Directors of the North Texas Municipal Water District is a policy making body similar in nature to the
City Council. The Board is responsible to both the State of Texas and to the member Cities for assuring that
NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the
best interests of the Cities receiving services.
In accordance with the statute creating the District (Article 8280-141), the qualifications of a director include the
following: "No person shall be appointed a Director unless he resides in the city from which he is appointed. No
member of a governing body of a city and no employee of a city shall be appointed as a Director." Under other state
law,no other government official that receives compensation could be appointed.
NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their
communities in other capacities and who have a solid understanding of municipal concerns to share with other
Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining
experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the
city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve,
with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of Directors affects
cost,performance and quality of service.
The City of Wylie has two board members on the NTMWD Board; Mr. Bob Thurmond, Jr. whose term expires May
31, 2013 and Mr. Marvin Fuller whose term expires May 31, 2014.NTMWD is requesting that by majority vote, the
Wylie City Council reappoint Mr. Bob Thurmond or appoint another Director to serve a term from June 1, 2013 to
May 31, 2015.
Mr. Thurmond has agreed to serve another term if appointed. The City Council will need to make this appointment
before the term expires May 31, 2013.
Page 1 of 1
.
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liiiiiiii/
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
March 21 , 2013
Ms. Mindy Manson, City Manager
City of Wylie
300 Country Club Road
Wylie, Texas 75098
RE: NTMWD BOARD MEMBER APPOINTMENT
Dear Ms. Manson:
This is your official notification that Mr. Bob Thurmond's term of office as an NTMWD
Board Member expires May 31, 2013. The City Council, by a majority vote, should
reappoint Mr. Thurmond or appoint another Director to serve a term from June 1, 2013,
to May 31, 2015.
In accordance with the statute creating the District (Article 8280-141), the qualifications
of a Director include the following: "No person shall be appointed a Director unless he
resides in and owns taxable property in the city from which he is appointed. No member
of a governing body of a city, and no employee of a city, shall be appointed as a
Director." Under other state law, no other government official that receives
compensation could be appointed.
The cities served by the NTMWD appreciate the work and effort expended by the
appointed Directors. It is my practice to visit with new Directors in an orientation session
prior to their first meeting; therefore, please notify my office in writing when the City
Council has appointed a Director for the new term. Should you have any questions or
need additional information, please do not hesitate to contact my office.
Sincerely,
aNNi<7 if
a04/ V-----°
4 ES M. PARKS
•cutive Director
JMP/mcf
cc: Bob Thurmond
ity Secretary
505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/295-6440
+t`L OF Wp
ra
• Wylie City Council
p ;' AGENDA REPORT
oiss7•"rE op ,I
Meeting Date: April 23,2013 Item Number: 4.
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code:
Date Prepared: April 15,2013 Budgeted Amount:
Exhibits: 2
Subject
Consider and act upon approval of a Dedication and Impact Fee Agreement between Creekside Development,
Inc. and the City of Wylie for 2.221 acres of right of way for the McMillen Road paving project.
Recommendation
Motion to approve a Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City
of Wylie for 2.221 acres of right of way for the McMillen Road paving project.
Discussion
On March 27, 2012 Council approved an Interlocal Agreement for the McCreary Road Paving and Drainage
Improvements with the City of Murphy. The agreement outlines each cities responsibilities for the construction
of McCreary Road and the storm sewer improvement in McMillen Road. Staff proceeded with obtaining a right
of entry from the property owner at the north east corner of the McCreary Road and McMillen Road
intersection to allow the storm sewer to be installed.
Because the right of entry expires within twenty four months, the right of way must be acquired. The attached
agreement specifies that the right of way will be dedicated in exchange for impact fee credits equal to the value
of the property acquired. The agreed impact fee credit is $93,899.00 ($5.15/sf) for the right of way adjacent to
the future retail tract and $162,523.00 ($2.07/sf) for the right of way adjacent to the future multi-family tract for
a total thoroughfare impact fee credit of$256,422.00.
Page 1 of 1
After Recording Return to:
City of Wylie
Attention: City Engineer
300 Country Club Road
Wylie,Texas 75098
DEDICATION AND IMPACT FEE AGREEMENT
BETWEEN CREEKSIDE DEVELOPMENT,INC.
AND THE CITY OF WYLIE, TEXAS
(McMillen Road Project)
THIS DEDICATION AGREEMENT (this "Agreement"), is made and entered into this
23rd day of April, 2013 (the "Effective Date of the Agreement") by and between the City of
Wylie, Texas, a Texas Home-Rule municipal corporation ("Wylie") and Creekside
Development, Inc., a Texas corporation("Developer").
WHEREAS, Developer is the sole owner of that certain tract of land situated in the City
of Wylie, Collin County, Texas, containing 25.108 acres of land, more or less, located in the
John W. Mitchell Survey, Abstract No. 589, Tract 1 as more particularly depicted and described
on Exhibit"A", attached hereto and incorporated herein for all purposes (the "Property"); and
WHEREAS, a portion of the Property is currently zoned for retail uses, containing
approximately 6.334 acres of land (the "Retail Portion"), a portion of which lies within the ROW
Property(as defined below); and
WHEREAS, a portion of the Property is currently zoned for multi-family uses,
containing approximately 18.773 acres of land(the "MF Portion"), a portion of which lies within
the ROW Property(as defined below); and
WHEREAS, Wylie desires to construct, at its sole cost and expense, the expansion of
McMillen Road from McCreary Road to FM 1378 adjacent to or near the Property; and
WHEREAS, in order to begin the McMillen Road Project, Wylie needs to acquire 2.221
acres, more or less, within the Property for right of way, as more particularly depicted and
described on Exhibit "B", attached hereto and incorporated herein for all purposes (the "ROW
Property"); and
WHEREAS, Developer has investigated and determined that it would be advantageous
and beneficial to Developer to dedicate the ROW Property to Wylie and support the construction
of the McMillen Road Project, as provided herein; and
WHEREAS, Wylie is entitled to collect impact fees as described in Wylie Ordinance
Nos. 93-4 and 97-4, 2001-19, 2001-42, 2001-56, and 2006-25, 2006-47, and 2007-34 ("Impact
Fee Ordinance"); and
WHEREAS, the Impact Fee Ordinance further provides for, among other things, credits
against impact fees for the construction of, contribution to, or dedication of any facility
appearing on Wylie's Thoroughfare Plan and/or Capital Improvement Plan; and
WHEREAS, Developer desires to fulfill its obligations to pay thoroughfare impact fees
on the Property as prescribed by the Impact Fee Ordinance, by dedicating the ROW Property for
the McMillen Road Project; and
Dedication Agreement(Creekside/Wylie) Page 1 of 34
#618961
WHEREAS, McMillen Road appears on Wylie's Thoroughfare Plan and/or Capital
Improvement Plan; and
WHEREAS, Wylie and Developer agree that Developer may fulfill all or a portion of its
obligation to pay thoroughfare impact fees under the Impact Fee Ordinance in the manner set
forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Wylie and Developer agree as follows:
1. Findings Incorporated. The findings set forth are made a part of this Agreement as
if set forth herein verbatim.
2. Land Subject to Agreement. The land that is subject to this Agreement is the
Property. Developer represents that it is the sole owner of the Property.
3. Dedication. Simultaneously with the execution of this Agreement, Developer shall
dedicate the ROW Property to Wylie in fee simple in the form of the Right of Way Warranty
Deed, attached hereto as Exhibit "C" and incorporated herein for all purposes, and execute the
Partial Release of Lien, attached hereto as Exhibit "D", and incorporated herein for all purposes.
4. Thoroughfare Impact Fees. This Agreement shall only apply to thoroughfare
impact fees due on the Property under the Impact Fee Ordinance. The Property shall be subject
to the thoroughfare impact fee schedule in effect at the time of development; provided, however,
if Developer complies with the terms and conditions of this Agreement, Wylie agrees to apply a
thoroughfare impact fee credit in the aggregate amount of Two Hundred Fifty-Six Thousand
Four Hundred Twenty-Two and No/100s ($256,422.00) to the thoroughfare impact fees assessed
on the development of the Property. Such thoroughfare impact fee credits shall be allocated
between the Retail Portion and the MF Portion on the following basis:
Retail Portion: $93,899.00
MF Portion: $162,523.00
To the extent thoroughfare impact fee credits remain after application of the thoroughfare impact
fee credits to either the entire Retail Portion or the entire MF Portion (i.e., the entire Retail
Portion or the entire MF Portion have been fully developed), all remaining thoroughfare impact
fee credits available under this Agreement shall be allocated to the remainder of the Property. In
the event the amount of thoroughfare impact fees due on the Property does not exceed the credit
allowed above, except to the extent specifically authorized above between the Retail Portion and
the MF Portion, the credit authorized in this Agreement is not transferable to other property or
for credit for other impact fees due on the Property. Otherwise, the thoroughfare impact fees due
on the Property will be paid according to the Impact Fee Ordinance, as it exists or may be
amended.
Dedication Agreement(Creekside/Wylie) Page 2 of 34
#625663
5. Default. If Developer fails to comply with the provisions of this Agreement, Wylie
shall have all of the following remedies, in addition to Wylie's other rights and remedies:
a. to refuse to issue building permits for the Property; and/or
b. to refuse to issue a certificate of occupancy for any building on the Property;
and/or
c. to file this instrument in the Land Records of Collin County as a lien and/or
encumbrance on the Property, save and except any residential lot(s) for which a certificate of
occupancy has been issued to a third party owner of any residential lot contained within the
Property; and/or
d. to refuse to accept any portion of any public improvements on the Property and/or
associated with the development of the Property; and/or
e. to nullify Paragraph 4 of this Agreement and immediately enforce the Impact Fee
Ordinance through imposition of the full thoroughfare impact fees in effect at the time of default
and making such immediately due and payable; and/or
f. to seek specific enforcement of this Agreement.
In the event Wylie fails to comply with the terms and conditions of this Agreement,
Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy.
6. Covenant Running with the Land. This Agreement shall be a covenant running
with the land and the Property and shall be binding upon the Developer, its officers, directors,
partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or
trustees, and specifically excluding third party owners of any residential lots contained within the
Property for which a certificate of occupancy has been issued. In addition, the parties shall cause
this Agreement to be filed in the Land Records of Collin County, Texas.
7. Limitations of Agreement. The parties hereto acknowledge that this Agreement is
limited to the construction of the McMillen Road Project and thoroughfare impact fees due under
the Impact Fee Ordinance. Wylie ordinances covering property taxes, utility rates, permit fees,
inspection fees, development fees, sewer and water impact fees, tap fees, pro-rata fees and the
like are not affected by this Agreement. Further this Agreement does not waive or limit any of
the obligations of Developer to Wylie under any ordinance, whether now existing or in the future
arising.
8. Notices. Any notice provided or permitted to be given under this Agreement must be
in writing and may be served by depositing same in the United States mail, addressed to the party
to be notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via facsimile or a hand-delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual delivery
of same to the addressee thereof Notice given in accordance therewith shall be effective upon
receipt at the address of the addressee. For purposes of notice, the addressee of the parties shall
be as follows:
Dedication Agreement(Creekside/Wylie) Page 3 of 34
#625663
If to Wylie, addressed to it at:
City of Wylie
Attn: City Manager
300 Country Club Road
Wylie, Texas 75098
Telephone: (972) 516-6010
Facsimile: (972) 516-6026
With a copy to:
Abernathy, Roeder, Boyd and Joplin, P.C.
Attn: Courtney A. Kuykendall
1700 Redbud Boulevard, Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4040
If to Developer, addressed to it at:
Creekside Development, Inc.
8235 Douglas Avenue
Suite 650, LB-65
Dallas, Texas 75225
Telephone: (214) 691-2556
Facsimile: (214) 691-0682
9. PARTIES' ACKNOWLEDGEMENT OF WYLIE'S COMPLIANCE WITH FEDERAL AND
STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL
ORDINANCES, RULES AND REGULATIONS/DEVELOPERS' WAIVER AND RELEASE OF CLAIMS
FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT.
A. DEVELOPER ACKNOWLEDGES AND AGREES THAT:
(I) THE CONVEYANCES, DEDICATIONS, EASEMENTS AND/OR PAYMENT OF
MONEY REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY
DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A:
(A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION;
(B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE
AMENDED;
(C) NUISANCE;AND/OR
(D) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST WYLIE FOR A
VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE
AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL
ORDINANCE,RULE AND/OR REGULATION.
Dedication Agreement(Creekside/Wylie) Page 4 of 34
#625663
(II) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE
CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS
AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS
ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH DEVELOPER'S
DEVELOPMENT PLACES ON WYLIE'S INFRASTRUCTURE.
(III)DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO
WYLIE PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO
THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, AND DEVELOPER
HEREBY WAIVES ANY CLAIM THEREFORE THAT IT MAY HAVE. DEVELOPER
FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO
SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET,
AND THAT ANY VALUE RECEIVED BY WYLIE RELATIVE TO SAID
CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTENT TO THE IMPACT
OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON
WYLIE'S INFRASTRUCTURE. DEVELOPER AND WYLIE FURTHER AGREE TO
WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER
RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL
DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES
SUPREME COURT IN DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994), AND
ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS
BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF
THE PUBLIC INFRASTRUCTURE.
(IV)DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM ANY
CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO
DEVELOPER'S RESPECTIVE PARTNERS,OFFICERS,DIRECTORS,EMPLOYEES,
REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS,
GRANTEES,AND/OR TRUSTEES,BROUGHT PURSUANT TO THIS PARAGRAPH.
B. DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS.
C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT
AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL AND/OR STATE
CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR
LOCAL ORDINANCE,RULE AND/OR REGULATION.
D. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Vested Rights / Chapter 245 Waiver. The signatories hereto shall be subject to all
ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer
no vested rights on the Property, or any portion thereof, unless specifically enumerated herein.
In addition, nothing contained in this Agreement shall constitute a"permit" as defined in Chapter
245, Texas Local Government Code, and nothing in this Agreement provides Wylie with fair
notice of any Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER
CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. THIS
PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Dedication Agreement(Creekside/Wylie) Page 5 of 34
#625663
11. Attorney's Fees. In any legal preceding brought to enforce the terms of this
Agreement the prevailing party may recover its reasonable and necessary attorney's fees from
the non-prevailing party as permitted by Section 271.153 of the Texas Local Government Code,
as it exists or may be amended.
12. Incorporation of Recitals. The representations, covenants and recitations set forth
in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into
the body of this Agreement and adopted as findings of Wylie and the authorized representative
of the Developer.
13. Developer's Warranties/Representations. All warranties, representations and
covenants made by Developer in this Agreement or in any certificate or other instrument
delivered by Developer to Wylie under this Agreement and shall be considered to have been
relied upon by Wylie and will survive the satisfaction of any fees under this Agreement,
regardless of any investigation made by Wylie or on Wylie's behalf.
14. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to matters contained herein and may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties hereto.
15. Venue. This Agreement shall be construed in accordance with the laws of the State
of Texas and shall be performable in Collin County, Texas.
16. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration,the sufficiency of which is forever confessed.
17. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
18. Authority to Execute. The individuals executing this Agreement on behalf of their
respective parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual is affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
19. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
Dedication Agreement(Creekside/Wylie) Page 6 of 34
#625663
20. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
21. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the parties do not intend
to create any third party beneficiaries by entering into this Agreement.
22. Assignment/Binding Effect. This Agreement is assignable, in whole or in part, upon
the following conditions, all of which must be satisfied before any such assignment shall be valid
and enforceable:
a. the assignment of the Agreement must be evidenced by a recordable document
(the "Assignment"), in the form attached hereto as Exhibit "E" and approved by Wylie if
not in the form attached hereto as Exhibit "E";
b. the assignment, if not in the form attached hereto as Exhibit "E", must expressly
contain, among any other reasonable requirements and/or conditions of Wylie, an
acknowledgment and agreement that all obligations, covenants and/or conditions
contained in the Agreement will be assumed solely and completely by the assignee, the
lawful and sole owner(s) of the Credit that Developer is eligible to receive under this
Agreement and the contact name, address, phone number, fax number and electronic mail
address of the assignee;
c. Developer will file any approved (as applicable), executed Assignment in the
Land Records of Collin County, Texas; and
d. Developer shall provide Wylie with a file-marked copy of the Assignment within
ten(10) days of filing the same.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective officers, directors, partners, employees, representatives, agents, vendors,
grantees, and/or trustees, heirs, executors, administrators, legal representatives, successors and
assigns, as authorized herein.
23. Indemnification. The parties agree that the Indemnity provisions set forth in
Paragraph 9 herein are conspicuous, and the parties have read and understood the same.
24. Construction. Any construction described herein shall be subject to and in
accordance with all ordinances of Wylie, whether now or existing, hereafter amended or in the
future arising.
25. Conveyances. All conveyances required herein shall be made in a form acceptable to
Wylie and free and clear of any and all liens and encumbrances.
Dedication Agreement(Creekside/Wylie) Page 7 of 34
#625663
26. Waivers. Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such parry's right thereafter to enforce and compel strict compliance.
27. Reference to Developer. When referring to "Developer" herein, this Agreement
shall refer to and be binding upon all parties within the herein defined term Developer, and their
officers, directors, partners, employees, representatives, contractors, agents, successors,
assignees, vendors, grantees and/or trustees.
28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
EXECUTED as of April 23, 2013.
CITY OF WYLIE, TEXAS
Mindy Manson, City Manager
ATTEST: APPROVED AS TO FORM:
Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd&Joplin,P.C.
Courtney Kuykendall, City Attorneys
CREEKSIDE DEVELOPMENT,INC.,
A Texas Corporation
By:
James J. Melino, President
Dedication Agreement(Creekside/Wylie) Page 8 of 34
#625663
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED MINDY MANSON, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE
NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; HE
ACKNOWLEDGED TO ME THAT HE IS THE DULY AUTHORIZED REPRESENTATIVE
FOR THE CITY OF WYLIE, TEXAS, A TEXAS HOME RULE CORPORATION, AND HE
EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION
THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, 2013.
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires:
STATE OF TEXAS:
COUNTY OF DALLAS:
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED JAMES J. MELINO, KNOWN TO ME TO BE ONE OF THE PERSONS
WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; HE
ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT AND DULY AUTHORIZED
REPRESENTATIVE FOR CREEKSIDE DEVELOPMENT, INC., AND HE EXECUTED THE
SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN
EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, 2013.
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires:
Dedication Agreement (Creekside/Wylie) Page 9 of 34
#625663
Exhibit "A"
(Property)
Dedication Agreement (Creekside/Wylie) Page 10 of 34
#625663
Exhibit "B"
(ROW Property)
McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD
PARCEL No.1
McCREARY ROAD
J.W.MITCHELL SURVEY,ABSTRACT No.589
EXHIBIT"A"
Being a 2.221 acre tract of land situated in the J.W. Mitchell Survey,Abstract No. 589,City of
Wylie,Collin County,Texas,said 2.221 acre tract of land being a portion of the remainder of a
112.1246 acre tract of land(by deed)deeded to Campbell/Wylie Partners as recorded in Volume
4343, Page 1370 of the Deed Records of Collin County, Texas, said 2.221 acre tract of land
being more particularly described by metes and bounds as follows:
BEGINNING at a R.O.W.marker set for the intersection of the proposed north right-of-way line
of McMillen Road (a variable width right-of-way) with the existing east right-of-way line of
McCreary Road(a variable width right-of-way),said R.O.W. marker being in the east line of a
right-of-way dedication as recorded in Volume N, Page 893 of the Map Records of Collin
County, Texas, from which a 5/8 iron rod with cap stamped "Bury Partners" found for the
southwest corner of Lot 1, Block A of Garnet Hill Addition, an addition to the City of Wylie,
Collin County, Texas as recorded County Clerk's File No. 2070531010001880 of said Map
Records of Collin County,Texas bears North 00 degrees 05 minutes 16 seconds East,a distance
of 492.41 feet,said 5/8 iron rod with cap stamped"Bury Partners"being in the east line of said
right-of-way dedication, said 5/8 iron rod with cap stamped "Bury Partners" also being in the
existing east right-of-way line of said McCreary Road;
THENCE South 44 degrees 59 minutes 38 seconds East,with the proposed north right-of-way
line of said McMillen Road, a distance of 27.28 feet to a R.O.W. marker set for
corner;
THENCE North 89 degrees 53 minutes 08 seconds East, with the proposed north right-of-way
line of said McMillen Road, a distance of 1752.80 feet to a R.O.W. marker set for
corner in the east line of said 112.1246 acre tract of land, said R.O.W.marker being
in the west line of a 5.0668 acre tract of land (by deed) deeded to Robert V.
Thurmond, Jr. as recorded in Volume 5179, Page 1282 of said Deed Records of
Collin County,Texas;
THENCE South 00 degrees 09 minutes 34 seconds West, with the east line of said 112.1246
acre tract of land and with the west line of said 5.0668 acre tract of land,a distance of
61.86 feet to 5/8 inch iron rod found for the southeast corner of said 112.1246 acre
tract of land, said 5/8 inch iron rod being the southwest corner of said 5.0668 acre
tract of land,said 5/8 inch iron rod also being in the existing north right-of-way line
of said McMillen Road;
Exhibit A Page 1 of 2
Dedication Agreement (Creekside/Wylie) Page 11 of 34
#625663
THENCE South 89 degrees 55 minutes 27 seconds West,with the south line of said 112.1246
acre tract of land and with the existing north right-of-way line of said McMillen Road,
a distance of 1571.91 feet to a point for the southeast corner of said right-of-way
dedication, said point being an interior ell corner in the existing north right-of-way
line of said McMillen Road;
THENCE North 00 degrees 04 minutes 32 seconds West,with the east line of said right-of-way
dedication and with the existing north right-of-way line of said McMillen Road, a
distance of 60.00 feet to a point for an exterior ell corner in the east line of said right-
of-way dedication, said point also being an exterior ell corner in the existing north
right-of-way line of said McMillen Road;
THENCE South 89 degrees 55 minutes 28 seconds West,with the east line of said right-of-way
dedication and with the existing north right-of-way line of said McMillen Road, a
distance of 199.96 feet to a point for the intersection of the existing north right-of-way
line of said McMillen Road with the existing east right-of-way line of said McCreary
Road, said point also being an interior ell corner in the east line of said right-of-way
dedication;
THENCE North 00 degrees 05 minutes 16 seconds East,with the east line of said right-of-way
dedication and with the existing east right-of-way line of said McCreary Road, a
distance of 20.00 feet to the POINT OF BEGINNING and containing 96,750 square
feet or 2.221 acres of land,more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set
with blue cap stamped"GORRONDONA"unless otherwise noted.
(3) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: June 22,2012
Curtis Smith
Registered Professional Land Surveyor �`� �F •TF
No.5494 fey' * ed,vv
r\pop 5494 , Q,
O4fSS� O
Exhibit A Page 2 of 2 S U RJ
Dedication Agreement (Creekside/Wylie) Page 12 of 34
#625663
EXHIBIT ''B''
LINE TABLE
PARCEL No. 1 LINE BEARING DISTANCE
LOT 1, BLOCK A L-1 S 44'59'38"E 27.28'
L-3 N 00'05'16"E 20.00'
GARNET HILL ADDITION
C.C.F. No. 2070531010001880
M.R.C.C.T. ......................
FND 5/8"IR W/CAP �. SET R.O.W.'•,• ;' 0.80'
0 3 STAMPED "BURY PARTNERS" \J MARKER . / 1 1752.80'`.
Q �1752.80' : .:..:.. ...: ::::.:
J.W. MITCHELL SURVEY !,
O CC o • ABSTRACT No. 589 . 199.96'; '199•98, .gv
a RIGHT-OF-WAY REMAINDER OF �0.68
} EE DEDICATION 112.1246 ACRES (BY DEED) :,.
VOLUME N. PAGE 893 hh.���v,IE PARTNERS DETAIL "A" DETAIL "B"
r I M.R.C.C.T. /
Q o ; w CAMPBEILYL VOLUME 4343, PAGE 1370 NOT TO SCALE NOT TO SCALE
LU — z I r D.R.C.C.T.
cc J 0 o P.O.B. SEE RIGHT—OF—WAY Q
ACQUISITION AREA
U 4
�� o SET R.O.W. 96,750 SQ. FT. OR
Q & z MARKER DETAIL "B" W
o > L-1 SEE 2.221 ACRES z
(DETAIL "A" 15. WATER UNE EASEMENTPROPOSED
C.C.C.F. No. 2002-0074005 RIGHT-OF-WAY J
L-3 N 89'53'08"E ,. D.R.C.C.T. 1752.80'
— S 89'55'28"W 199.96'
N 00'04.32"W t
il.
60.00' —
EXISTING ' S 89'S5'27"W 1571.91 EXISTING 2
RIGHT-OF-WAY RIGHT-OF-WAY
—/— <
115.155 ACRES (BY DEED) McMILLEN ROAD
1 00 50 0 100 YES COMPANIES, LLC
DOC. No. 20080205000141500 (A VARIABLE WIDTH RIGHT—OF—
R.P.R.C.C.T. RIGHT—OF—WAY)
SCALE IN FEET
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8'IRON ROD SET ACQUISITION
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
STS I tM, NAD-83,THE NORTH CENTRAL ZONE 4202,ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE.
LOCATION OF ACQUISITION
-7111
City of Wylie
CITY Of `ME COUNTRY CLUB ROAD • WYLIE.TEXAS 75098
EXHIBIT A SHOWING O F
RIGHT—OF—WAY ACQUISITION 'c . "••.. ? .
112.1246 ACRE OF
OF LAND �P'2(.. .&. F'��u)
SITUATED IN THE
J.W. MITCHELL SURVEY, ABSTRACT No. 589 C TIS SMIT
CITY OF WYUE, COLLIN COUNTY, TEXAS •......
VOLUME 4343, PAGE 1370 ,.pp 5494 2
DEED RECORDS OF COLLIN COUNTY. TEXAS • •`•*�
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD S
ACQUISITION AREA: 96,750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY:JPH CAD FILE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 1 OF 3 SCALE: 1' = 100' NO. 5494 TEXAS ARM NO. 10106900
GORRONDONA& ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
Dedication Agreement (Creekside/Wylie) Page 13 of 34
#625663
EXHIBIT ''B ''
PARCEL No. 1
PBS REMAINDER OF
112.1246 ACRES (BY DEED)
CAMPBELL/WYLIE PARTNERS
100 50 0 100 VOLUME 4343, PAGE 1370
D.R.C.C.T.I
Q SCALE IN FEET CO
RIGHT-OF-WAY
LLI ACQUISITION AREA W
Z 15.0' WATER LINE EASEMENT 96,750 SQ. FT. OR Z
C.C.F. No. 2002-0074005 2.221 ACRES PROPOSED
D.R.C.C.T. RIGHT-OF-WAY N 89'53'O8"E 1752.80' .
U - - - - _ 0
Q S 89'55'27`W 1571.91' EXISTING
— - RIGHT-OF-WAY
_ _ _ _ 4
115.155 ACRES (BY DEED) McMILLEN ROAD
YES COMPANIES, LLC
DOC. No. 20080205000141500 R.P.R.C.C.T. (A VARIABLE WIDTH RIGHT-OF-WAY)
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8' IRON ROD SET ACQUISITION
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE. LOCATION OF ACQUISITION
City of Wylie
CITY OF YLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098
g
EXHIBIT SHOWING
A
RIGHT-OF-WAY ACQUISITION 57 .
OUT OF A P G E fi
112.1246 ACRE TRACT OF LAND I co.••�� w RFO•:�,
SITUATED IN THE I • ..._.
J.W. MITCHELL SURVEY, ABSTRACT No. 589 4 • RTIS SM
CITY OF WYLIE, COLLIN COUNTY, TEXAS •AS RECORDED IN 1r•:'0• 494 7 Q
VOLUME 4343, PAGE 1370 - ' ... .?P`•
DEED RECORDS OF COLLIN COUNTY, TEXAS tip'••••.
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD / '
ACQUISITION AREA: 96,750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY: JPH CAD FlLE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 2 OF 3 SCALE: 1' = 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA& ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
/
Dedication Agreement (Creekside/Wylie) Page 14 of 34
#625663
EXHIBIT ''B''
LINE TABLE
PARCEL No. 1 UNE BEARING DISTANCE
L-2 S 00'09'34"W 61.86'
SVRNIEY I
J 34 �A\RP�`N0 5$9 I•
:2
W N
A85 iz IA
a�
100 50 0 100 REMAINDER OF •
wmcbgi,
112.1246 ACRES (BY DEED) cernce
CAMPBELL/WYLIE PARTNERS Y �'�
VOLUME 4343, PAGE 1370 '
SCALE IN FEET D.R.C.C.T. o0O
o:>
m RIGHT-OF-WAY
W ACQUISmON AREA
Z 96,750 SQ. FT. OR 2.221 ACRES 15.0' WATER UNE EASEMENT
r C.C.F. No. 2002-0074005 sEr R.o.w.
PROPOSED I D.R.C.C.T. MARKER
J RIGHT-OF-WAY N 89'53.08"E + 1752.80' ---� 1 _
U N 1-
J
—
. .T
RIC S 89'55'27"W 1571.91' — -- FND 5/8•IR
2 EXISTING
— HT OF WAY — — _A_
— - — —
15.0' WATER LINE EASEMENT
115.155 ACRES (BY DEED) McMILLEN ROAD C.C.F. No. 2C.C.T. 74004 -
YES COMPANIES, LLC
DOC. No. 20080205000141500 (A VARIABLE WIDTH RIGHT-OF-WAY)
R.P.R.C,C.T.
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8" IRON ROD SET Imo,. ^�ACQUISITION
WITH BLUE CAP STAMPED "GORRONDONA"UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM. NAD-83.THE NORTH CENTRAL ZONE 4202.ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE. LOCATION OF ACQUISITION
4OF1
City of Wylie
CYLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098
EXHIBIT 7SHOWING O F-
RIGHT-OF-WAY ACQUISITION ' ::• •••• TF
. OUT OF A P G1S7f;Q•...+
112.1246 ACRE TRACT OF LAND (/)SQ-` F0'•..n
SITUATED IN THE -
IT J.W. MITCHELL SURVEY, ABSTRACT No. 589 C TIS SM
CITY OF WYLJE, COLLIN COUNTY, TEXAS
VOLUME RECORDED, AGE 1370 r ••.o 5494 ��
DEED RECORDS OF COLLIN COUNTY, TEXAS t�
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD
ACQUISITION AREA: 96.750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY:JPH CAD FILE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 3 OF 3 SCALE 1" •• 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA &ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
Dedication Agreement (Creekside/Wylie) Page 15 of 34
#625663
Exhibit "C"
(FORM OF SPECIAL WARRANTY DEED)
"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVERS'LICENSE NUMBER."
AFTER RECORDING RETURN TO:
Attn:Chris Hoisted
City of Wylie,Texas
300 Country Club
Wylie,Texas 75098
SPECIAL WARRANTY DEED (with Partial Release of Lien)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF COLLIN §
That CREEKSIDE DEVELOPMENT, INC., a Texas corporation, ("Grantor"), whether
one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other valuable consideration paid to the CITY OF WYLIE, TEXAS, a Texas home rule
municipality, ("Grantee"), the receipt of which are hereby acknowledged, and for which no lien
is retained, either expressed or implied, has this day GRANTED, SOLD AND CONVEYED and
by these presents does GRANT, SELL AND CONVEY, in fee simple, unto the said Grantee all
the following described real estate, to-wit:
Being 2.221 acres of land, more or less, situated in the John W.
Mitchell Survey, Abstract No. 589, Tract 1, Wylie, Collin County,
Texas, more particularly described in and depicted on Exhibit"A",
attached hereto and made a part hereof("Property").
This conveyance shall include all and singular the rights and appurtenances pertaining to
the Property, including, but not limited to, all buildings, structures, fixtures and improvements
located thereon and any interest, if any, of Grantor in and to any land lying in any street, road,
accessway or easement, open or proposed, in front of, or adjoining, or within the Property.
Dedication Agreement (Creekside/Wylie) Page 16 of 34
#625663
TO HAVE AND TO HOLD the above-described Property, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said Grantee, and Grantee's
successors and assigns, forever.
And Grantor does hereby bind Grantor, Grantor's officers, directors, partners, successors,
and assigns, to WARRANT AND FOREVER DEFEND all and singular the said Property unto
the said Grantee, Grantee's successors and assigns, against every person whomsoever lawfully
claiming or attempting to claim the same or any part thereof, by, through or under Grantor, but
not otherwise; subject, however, to any and all restrictions, reservations, covenants, conditions,
rights of way, easements, municipal or other governmental zoning laws, regulations and
ordinances, if any, and any and all other matters of record to the extent, but only to the extent,
they affect or relate to the property which is the subject of this instrument.
Grantor does hereby represent and warrant that there are no liens, attachments or other
encumbrances which will affect the title or right of the Grantor to convey this deed, in fee
simple, to the Grantee for the purposes as described herein. If such condition does exist, a
signature with acknowledgment shall be included and made a part of this document conveying
the rights and privileges contained herein.
This instrument may be executed in a number of identical counterparts, each of which
shall be deemed an original for all purposes.
[SIGNATURE PAGE TO FOLLOW]
Dedication Agreement (Creekside/Wylie) Page 17 of 34
#625663
EXECUTED on the dates appearing in the acknowledgements below, however, to be
effective on this 23rd day of April, 2013.
GRANTOR:
CREEKSIDE DEVELOPMENT, INC.,
a Texas corporation
By:
James J. Melino, President
Date:
AGREED AND ACCEPTED:
CITY OF WYLIE, TEXAS
By:
Mindy Manson, City Manager
Dedication Agreement (Creekside/Wylie) Page 18 of 34
#625663
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public, on this day personally
appeared James J. Melino, President of Creekside Development, Inc., a Texas corporation,
known to me to be the person and duly authorized officer whose name is subscribed to the
foregoing instrument, and who acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated on behalf of said
corporation, limited partnership and limited liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2013.
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Mindy
Manson, City Manager for and on behalf of the CITY OF WYLIE, TEXAS, a Texas home-rule
municipality; he acknowledged to me he is the duly authorized representative of the City of
Wylie, Texas and that he executed said instrument for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2013.
Notary Public, State of Texas
My commission expires:
Dedication Agreement (Creekside/Wylie) Page 19 of 34
#625663
EXHIBIT "A"
McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD
PARCEL No. 1
McCREARY ROAD
J.W.MITCHELL SURVEY,ABSTRACT No.589
EXHIBIT"A"
Being a 2.221 acre tract of land situated in the J.W. Mitchell Survey,Abstract No. 589,City of
Wylie, Collin County,Texas, said 2.221 acre tract of land being a portion of the remainder of a
112.1246 acre tract of land(by deed)deeded to Campbell/Wylie Partners as recorded in Volume
4343, Page 1370 of the Deed Records of Collin County, Texas, said 2.221 acre tract of land
being more particularly described by metes and bounds as follows:
BEGINNING at a R.O.W.marker set for the intersection of the proposed north right-of-way line
of McMillen Road (a variable width right-of-way) with the existing east right-of-way line of
McCreary Road (a variable width right-of-way), said R.O.W. marker being in the east line of a
right-of-way dedication as recorded in Volume N, Page 893 of the Map Records of Collin
County, Texas, from which a 5/8 iron rod with cap stamped "Bury Partners" found for the
southwest corner of Lot 1, Block A of Garnet Hill Addition, an addition to the City of Wylie,
Collin County, Texas as recorded County Clerk's File No. 2070531010001880 of said Map
Records of Collin County,Texas bears North 00 degrees 05 minutes 16 seconds East,a distance
of 492.41 feet, said 5/8 iron rod with cap stamped"Bury Partners"being in the east line of said
right-of-way dedication, said 5/8 iron rod with cap stamped "Bury Partners" also being in the
existing east right-of-way line of said McCreary Road;
THENCE South 44 degrees 59 minutes 38 seconds East, with the proposed north right-of-way
line of said McMillen Road, a distance of 27.28 feet to a R.O.W. marker set for
corner;
THENCE North 89 degrees 53 minutes 08 seconds East, with the proposed north right-of-way
line of said McMillen Road, a distance of 1752.80 feet to a R.O.W. marker set for
corner in the east line of said 112.1246 acre tract of land, said R.O.W. marker being
in the west line of a 5.0668 acre tract of land (by deed) deeded to Robert V.
Thurmond, Jr. as recorded in Volume 5179, Page 1282 of said Deed Records of
Collin County,Texas;
THENCE South 00 degrees 09 minutes 34 seconds West, with the east line of said 112.1246
acre tract of land and with the west line of said 5.0668 acre tract of land,a distance of
61.86 feet to 5/8 inch iron rod found for the southeast corner of said 112.1246 acre
tract of land, said 5/8 inch iron rod being the southwest corner of said 5.0668 acre
tract of land, said 5/8 inch iron rod also being in the existing north right-of-way line
of said McMillen Road;
Exhibit A Page 1 of 2
Dedication Agreement (Creekside/Wylie) Page 20 of 34
#625663
THENCE South 89 degrees 55 minutes 27 seconds West,with the south line of said 112.1246
acre tract of land and with the existing north right-of-way line of said McMillen Road,
a distance of 1571.91 feet to a point for the southeast corner of said right-of-way
dedication, said point being an interior ell corner in the existing north right-of-way
line of said McMillen Road;
THENCE North 00 degrees 04 minutes 32 seconds West,with the east line of said right-of-way
dedication and with the existing north right-of-way line of said McMillen Road, a
distance of 60.00 feet to a point for an exterior ell corner in the east line of said right-
of-way dedication, said point also being an exterior ell corner in the existing north
right-of-way line of said McMillen Road;
THENCE South 89 degrees 55 minutes 28 seconds West,with the east line of said right-of-way
dedication and with the existing north right-of-way line of said McMillen Road, a
distance of 199.96 feet to a point for the intersection of the existing north right-of-way
line of said McMillen Road with the existing east right-of-way line of said McCreary
Road, said point also being an interior ell corner in the east line of said right-of-way
dedication;
THENCE North 00 degrees 05 minutes 16 seconds East,with the east line of said right-of-way
dedication and with the existing east right-of-way line of said McCreary Road, a
distance of 20.00 feet to the POINT OF BEGINNING and containing 96,750 square
feet or 2.221 acres of land,more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set
with blue cap stamped"GORRONDONA"unless otherwise noted.
(3) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: June 22,2012
Curtis Smith
Registered Professional Land Surveyor �`� �F •TF
No.5494 fey' * ed,vv
r\pop 5494 , Q,
O4fSS� O
Exhibit A Page 2 of 2 S U RJ
Dedication Agreement (Creekside/Wylie) Page 21 of 34
#625663
EXHIBIT ''B''
LINE TABLE
PARCEL No. 1 LINE BEARING DISTANCE
LOT 1, BLOCK A L-1 S 44'59'38"E 27.28'
L-3 N 00'05'16"E 20.00'
GARNET HILL ADDITION
C.C.F. No. 2070531010001880
M.R.C.C.T.
FND 5/8"IR W/CAP SET R.O.W.'•,•
0 STAMPED "BURY PARTNERS" \J MARKER .•' 1752.80'`.
< 1752.80' : .:..:.. ...: ::::.:
J.W.JW MITCHELL SURVEY !,
O CC o ' ABSTRACT No. 589 lease'; 199.96' :S�
a RIGHT-OF-WAY REMAINDER OF �D.68 �`'
} EE DEDICATION 112.1246 ACRES (BY DEED)
VOLUME N. PAGE 893 CAMPBEIL hh.���v,IE PARTNERS DETAIL +'A" DETAIL "B"
r I M.R.C.C.T. / YL
Q C] ; w VOLUME 4343, PAGE 1370 NOT TO SCALE NOT TO SCALE
I LI - z I r D.R.C.C.T.
Ii `LiP•O•B• RIGHT-OF-WAY Q
ACQUISITION AREA
U 4 ZS��o o o SEE SET R.O.W. 96,750 SQ. FT. OR
Q z MARKER DETAIL "B" W
o > L-1 SEE 2.221 ACRES z
Q 15.0' WATER UNE EASEMENT- PROPOSED
(DETAIL "A" C.C.F. No. 2002-0074005 RIGHT-OF-WAY— —1L-3 N 89'53'08"E ,• D.R.C.C.T. 1752.80.
J : •
`-.,_.'S 89'55'28"W 199.96' ---� - - U
N 00'04.32"W - t
60.00' _ _ _ Q
SIN
EXISTING ��' S 89'55 27"W 1571 91' `\ DUSTINGRIGHT-OF-WAY rRIGHT-OF-WAY-
—/—
115.155 ACRES (BY DEED) McMILLEN ROAD
1 00 50 0 100 YES COMPANIES, LLC
DOC. No. 20080205000141500 (A VARIABLE WIDTH RIGHT-OF-
R.P.R.C.C.T. RIGHT-OF-WAY)
SCALE IN FEET
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8"IRON ROD SET ACQUISITION
WITH BLUE CAP STAMPED 'GORRONDONA" UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
STS I tM, NAD-83,THE NORTH CENTRAL ZONE 4202,ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE.
LOCATION OF ACQUISITION
-7111
City of Wylie
CITY Of `ME COUNTRY CLUB ROAD • WYLIE,TEXAS 75098
EXHIBIT A SHOWING O F
RIGHT-OF-WAY ACQUISITION '�F:. t.
112.1246 ACRE OF
OF LAND �P'2(.. .&. F.��j1
SITUATED IN THE
J.W. MITCHELL SURVEY, ABSTRACT No. 589 C TIS SMIT
CITY OF WYUE, COLLIN COUNTY, TEXAS •......
VOLUME 4343, PAGE 1370 ,.p0 5494 2
DEED RECORDS OF COLLIN COUNTY. TEXAS • •`•*�
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD S
ACQUISITION AREA: 96,750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY:JPH CAD FILE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 1 OF 3 SCALE: 1' = 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA& ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
Dedication Agreement (Creekside/Wylie) Page 22 of 34
#625663
EXHIBIT ''B ''
PARCEL No. 1
PBS REMAINDER OF
112.1246 ACRES (BY DEED)
CAMPBELL/WYLIE PARTNERS
100 50 0 100 VOLUME 4343, PAGE 1370
D.R.C.C.T.I
Q SCALE IN FEET CO
RIGHT-OF-WAY
LLI ACQUISITION AREA W
Z 15.0' WATER LINE EASEMENT 96,750 SQ. FT. OR Z
C.C.F. No. 2002-0074005 2.221 ACRES PROPOSED
D.R.C.C.T. RIGHT-OF-WAY N 89'53'O8"E 1752.80' .
U - - - - _ 0
Q S 89'55'27`W 1571.91' EXISTING
— - RIGHT-OF-WAY
_ _ _ _ 4
115.155 ACRES (BY DEED) McMILLEN ROAD
YES COMPANIES, LLC
DOC. No. 20080205000141500 R.P.R.C.C.T. (A VARIABLE WIDTH RIGHT-OF-WAY)
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8' IRON ROD SET ACQUISITION
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE. LOCATION OF ACQUISITION
City of Wylie
CITY OF YLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098
g
EXHIBIT SHOWING
A
RIGHT-OF-WAY ACQUISITION 57 .
OUT OF A P G E fi
112.1246 ACRE TRACT OF LAND I co.••�� w RFO•:�,
SITUATED IN THE I • ..._.
J.W. MITCHELL SURVEY, ABSTRACT No. 589 4 • RTIS SM
CITY OF WYLIE, COLLIN COUNTY, TEXAS •AS RECORDED IN 1r•:'0• 494 7 Q
VOLUME 4343, PAGE 1370 - ' ... .?P`•
DEED RECORDS OF COLLIN COUNTY, TEXAS tip'••••.
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD / '
ACQUISITION AREA: 96,750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY: JPH CAD FlLE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 2 OF 3 SCALE: 1' = 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA& ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
/
Dedication Agreement (Creekside/Wylie) Page 23 of 34
#625663
EXHIBIT ''B''
LINE TABLE
PARCEL No. 1 UNE BEARING DISTANCE
L-2 S 00'09'34"W 61.86'
SVRNIEY I
J 34 �A\RP�`N0 5$9 I•
:2
W N
A85 iz IA
a�
100 50 0 100 REMAINDER OF •
wmcbgi,
112.1246 ACRES (BY DEED) cernce
CAMPBELL/WYLIE PARTNERS Y �'�
VOLUME 4343, PAGE 1370 '
SCALE IN FEET D.R.C.C.T. o0O
o:>
m RIGHT-OF-WAY
W ACQUISmON AREA
Z 96,750 SQ. FT. OR 2.221 ACRES 15.0' WATER UNE EASEMENT
r C.C.F. No. 2002-0074005 sEr R.o.w.
PROPOSED I D.R.C.C.T. MARKER
J RIGHT-OF-WAY N 89'53.08"E + 1752.80' ---� 1 _
U N 1-
J
—
. .T
RIC S 89'55'27"W 1571.91' — -- FND 5/8•IR
2 EXISTING
— HT OF WAY — — _A_
— - — —
15.0' WATER LINE EASEMENT
115.155 ACRES (BY DEED) McMILLEN ROAD C.C.F. No. 2C.C.T. 74004 -
YES COMPANIES, LLC
DOC. No. 20080205000141500 (A VARIABLE WIDTH RIGHT-OF-WAY)
R.P.R.C,C.T.
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8" IRON ROD SET Imo,. ^�ACQUISITION
WITH BLUE CAP STAMPED "GORRONDONA"UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM. NAD-83.THE NORTH CENTRAL ZONE 4202.ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE. LOCATION OF ACQUISITION
4OF1
City of Wylie
CYLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098
EXHIBIT 7SHOWING O F-
RIGHT-OF-WAY ACQUISITION ' ::• •••• TF
. OUT OF A P G1S7f;Q•...+
112.1246 ACRE TRACT OF LAND (/)SQ-` F0'•..n
SITUATED IN THE -
IT J.W. MITCHELL SURVEY, ABSTRACT No. 589 C TIS SM
CITY OF WYLJE, COLLIN COUNTY, TEXAS
VOLUME RECORDED, AGE 1370 r ••.o 5494 ��
DEED RECORDS OF COLLIN COUNTY, TEXAS t�
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD
ACQUISITION AREA: 96.750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY:JPH CAD FILE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 3 OF 3 SCALE 1" •• 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA &ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
Dedication Agreement (Creekside/Wylie) Page 24 of 34
#625663
Exhibit "D"
Form of Partial Release of Lien
PARTIAL RELEASE OF LIEN
Note Date: , 2013
Note Amount: As set forth therein.
Maker: Creekside Development,Inc.
Payee and Holder: Campbell/Wylie Partners
Holder's Address: 8235 Douglas Avenue, Suite 650, LB-65,Dallas,Texas 75225
The Note is more particularly described in the following recorded document(s):
Deed of Trust dated December 31, 2012, to William A. Kramer, Trustee, recorded as Document
Number 20121231001666870 in the Official Public Records of Collin County, Texas.
The Property to be released from all liens securing the Note (collectively, the "Liens") is more
particularly described on Exhibit"A"attached hereto and made a part hereof for all purposes.
The Holder of the Note acknowledges receipt of its partial payment and releases only the property
described above from the Liens.
CAMPBELL/WYLIE PARTNERS,
A Texas general partnership
By:
James J. Melino,
Authorized Representative
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of February, 2013, by James J.
Melino, Authorized Representative of Campbell/Wylie Partners, a Texas general partnership, on behalf
thereof.
Notary Public, State of Texas
After recording return to:
James J.Melino
8235 Douglas Avenue
Suite 650,LB-65
Dallas, Texas 75225
Dedication Agreement (Creekside/Wylie) Page 25 of 34
#625663
Exhibit"A"
McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD
PARCEL No.1
McCREARY ROAD
J.W.MITCHELL SURVEY,ABSTRACT No.589
EXHIBIT"A"
Being a 2.221 acre tract of land situated in the J.W. Mitchell Survey,Abstract No. 589,City of
Wylie,Collin County,Texas, said 2.221 acre tract of land being a portion of the remainder of a
112.1246 acre tract of land(by deed)deeded to Campbell/Wylie Partners as recorded in Volume
4343, Page 1370 of the Deed Records of Collin County, Texas, said 2.221 acre tract of land
being more particularly described by metes and bounds as follows:
BEGINNING at a R.O.W.marker set for the intersection of the proposed north right-of-way line
of McMillen Road (a variable width right-of-way) with the existing east right-of-way line of
McCreary Road(a variable width right-of-way),said R.O.W. marker being in the east line of a
right-of-way dedication as recorded in Volume N, Page 893 of the Map Records of Collin
County, Texas, from which a 5/8 iron rod with cap stamped "Bury Partners" found for the
southwest corner of Lot 1, Block A of Garnet Hill Addition, an addition to the City of Wylie,
Collin County, Texas as recorded County Clerk's File No. 2070531010001880 of said Map
Records of Collin County,Texas bears North 00 degrees 05 minutes 16 seconds East,a distance
of 492.41 feet,said 5/8 iron rod with cap stamped"Bury Partners"being in the east line of said
right-of-way dedication, said 5/8 iron rod with cap stamped "Bury Partners" also being in the
existing east right-of-way line of said McCreary Road;
THENCE South 44 degrees 59 minutes 38 seconds East,with the proposed north right-of-way
line of said McMillen Road, a distance of 27.28 feet to a R.O.W. marker set for
corner;
THENCE North 89 degrees 53 minutes 08 seconds East,with the proposed north right-of-way
line of said McMillen Road, a distance of 1752.80 feet to a R.O.W. marker set for
corner in the east line of said 112.1246 acre tract of land, said R.O.W.marker being
in the west line of a 5.0668 acre tract of land (by deed) deeded to Robert V.
Thurmond, Jr. as recorded in Volume 5179, Page 1282 of said Deed Records of
Collin County,Texas;
THENCE South 00 degrees 09 minutes 34 seconds West, with the east line of said 112.1246
acre tract of land and with the west line of said 5.0668 acre tract of land,a distance of
61.86 feet to 5/8 inch iron rod found for the southeast corner of said 112.1246 acre
tract of land, said 5/8 inch iron rod being the southwest corner of said 5.0668 acre
tract of land,said 5/8 inch iron rod also being in the existing north right-of-way line
of said McMillen Road;
Exhibit A Page 1 of 2
Dedication Agreement (Creekside/Wylie) Page 26 of 34
#625663
THENCE South 89 degrees 55 minutes 27 seconds West,with the south line of said 112.1246
acre tract of land and with the existing north right-of-way line of said McMillen Road,
a distance of 1571.91 feet to a point for the southeast corner of said right-of-way
dedication, said point being an interior ell corner in the existing north right-of-way
line of said McMillen Road;
THENCE North 00 degrees 04 minutes 32 seconds West,with the east line of said right-of-way
dedication and with the existing north right-of-way line of said McMillen Road, a
distance of 60.00 feet to a point for an exterior ell corner in the east line of said right-
of-way dedication, said point also being an exterior ell corner in the existing north
right-of-way line of said McMillen Road;
THENCE South 89 degrees 55 minutes 28 seconds West,with the east line of said right-of-way
dedication and with the existing north right-of-way line of said McMillen Road, a
distance of 199.96 feet to a point for the intersection of the existing north right-of-way
line of said McMillen Road with the existing east right-of-way line of said McCreary
Road, said point also being an interior ell corner in the east line of said right-of-way
dedication;
THENCE North 00 degrees 05 minutes 16 seconds East,with the east line of said right-of-way
dedication and with the existing east right-of-way line of said McCreary Road, a
distance of 20.00 feet to the POINT OF BEGINNING and containing 96,750 square
feet or 2.221 acres of land,more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set
with blue cap stamped"GORRONDONA"unless otherwise noted.
(3) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: June 22,2012
Curtis Smith
Registered Professional Land Surveyor �`� �F •TF
No.5494 fey' * ed,vv
r\pop 5494 , Q,
O4fSS� O
Exhibit A Page 2 of 2 S U RJ
Dedication Agreement (Creekside/Wylie) Page 27 of 34
#625663
EXHIBIT ''B''
LINE TABLE
PARCEL No. 1 LINE BEARING DISTANCE
LOT 1, BLOCK A L-1 S 44'59'38"E 27.28'
L-3 N 00'05'16"E 20.00'
GARNET HILL ADDITION
C.C.F. No. 2070531010001880
M.R.C.C.T. ......................
FND 5/8"IR W/CAP �. SET R.O.W.'•,• ;' 0.80'
0 3 STAMPED "BURY PARTNERS" \J MARKER . / 1 1752.80'`.
Q �1752.80' : .:..:.. ...: ::::.:
J.W. MITCHELL SURVEY !,
O CC o • ABSTRACT No. 589 . 199.96'; '199•98, .gv
a RIGHT-OF-WAY REMAINDER OF �0.68
} EE DEDICATION 112.1246 ACRES (BY DEED) :,.
VOLUME N. PAGE 893 hh.���v,IE PARTNERS DETAIL "A" DETAIL "B"
r I M.R.C.C.T. /
Q o ; w CAMPBEILYL VOLUME 4343, PAGE 1370 NOT TO SCALE NOT TO SCALE
LU — z I r D.R.C.C.T.
cc J 0 o P.O.B. SEE RIGHT—OF—WAY Q
ACQUISITION AREA
U 4
�� o SET R.O.W. 96,750 SQ. FT. OR
Q & z MARKER DETAIL "B" W
o > L-1 SEE 2.221 ACRES z
(DETAIL "A" 15. WATER UNE EASEMENTPROPOSED
C.C.C.F. No. 2002-0074005 RIGHT-OF-WAY J
L-3 N 89'53'08"E ,. D.R.C.C.T. 1752.80'
— S 89'55'28"W 199.96'
N 00'04.32"W t
il.
60.00' —
EXISTING ' S 89'S5'27"W 1571.91 EXISTING 2
RIGHT-OF-WAY RIGHT-OF-WAY
—/— <
115.155 ACRES (BY DEED) McMILLEN ROAD
1 00 50 0 100 YES COMPANIES, LLC
DOC. No. 20080205000141500 (A VARIABLE WIDTH RIGHT—OF—
R.P.R.C.C.T. RIGHT—OF—WAY)
SCALE IN FEET
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8'IRON ROD SET ACQUISITION
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
STS I tM, NAD-83,THE NORTH CENTRAL ZONE 4202,ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE.
LOCATION OF ACQUISITION
-7111
City of Wylie
CITY Of `ME COUNTRY CLUB ROAD • WYLIE.TEXAS 75098
EXHIBIT A SHOWING O F
RIGHT—OF—WAY ACQUISITION 'c . "••.. ? .
112.1246 ACRE OF
OF LAND �P'2(.. .&. F'��u)
SITUATED IN THE
J.W. MITCHELL SURVEY, ABSTRACT No. 589 C TIS SMIT
CITY OF WYUE, COLLIN COUNTY, TEXAS •......
VOLUME 4343, PAGE 1370 ,.pp 5494 2
DEED RECORDS OF COLLIN COUNTY. TEXAS • •`•*�
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD S
ACQUISITION AREA: 96,750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY:JPH CAD FILE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 1 OF 3 SCALE: 1' = 100' NO. 5494 TEXAS ARM NO. 10106900
GORRONDONA& ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
Dedication Agreement (Creekside/Wylie) Page 28 of 34
#625663
EXHIBIT ''B ''
PARCEL No. 1
PBS REMAINDER OF
112.1246 ACRES (BY DEED)
CAMPBELL/WYLIE PARTNERS
100 50 0 100 VOLUME 4343, PAGE 1370
D.R.C.C.T.I
Q SCALE IN FEET CO
RIGHT-OF-WAY
LLI ACQUISITION AREA W
Z 15.0' WATER LINE EASEMENT 96,750 SQ. FT. OR Z
C.C.F. No. 2002-0074005 2.221 ACRES PROPOSED
D.R.C.C.T. RIGHT-OF-WAY N 89'53'O8"E 1752.80' .
U - - - - _ 0
Q S 89'55'27`W 1571.91' EXISTING
— - RIGHT-OF-WAY
_ _ _ _ 4
115.155 ACRES (BY DEED) McMILLEN ROAD
YES COMPANIES, LLC
DOC. No. 20080205000141500 R.P.R.C.C.T. (A VARIABLE WIDTH RIGHT-OF-WAY)
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8' IRON ROD SET ACQUISITION
WITH BLUE CAP STAMPED 'GORRONDONA' UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE. LOCATION OF ACQUISITION
City of Wylie
CITY OF YLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098
g
EXHIBIT SHOWING
A
RIGHT-OF-WAY ACQUISITION 57 .
OUT OF A P G E fi
112.1246 ACRE TRACT OF LAND I co.••�� w RFO•:�,
SITUATED IN THE I • ..._.
J.W. MITCHELL SURVEY, ABSTRACT No. 589 4 • RTIS SM
CITY OF WYLIE, COLLIN COUNTY, TEXAS •AS RECORDED IN 1r•:'0• 494 7 Q
VOLUME 4343, PAGE 1370 - ' ... .?P`•
DEED RECORDS OF COLLIN COUNTY, TEXAS tip'••••.
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD / '
ACQUISITION AREA: 96,750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY: JPH CAD FlLE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 2 OF 3 SCALE: 1' = 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA& ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
/
Dedication Agreement (Creekside/Wylie) Page 29 of 34
#625663
EXHIBIT ''B''
LINE TABLE
PARCEL No. 1 UNE BEARING DISTANCE
L-2 S 00'09'34"W 61.86'
SVRNIEY I
J 34 �A\RP�`N0 5$9 I•
:2
W N
A85 iz IA
a�
100 50 0 100 REMAINDER OF •
wmcbgi,
112.1246 ACRES (BY DEED) cernce
CAMPBELL/WYLIE PARTNERS Y �'�
VOLUME 4343, PAGE 1370 '
SCALE IN FEET D.R.C.C.T. o0O
o:>
m RIGHT-OF-WAY
W ACQUISmON AREA
Z 96,750 SQ. FT. OR 2.221 ACRES 15.0' WATER UNE EASEMENT
r C.C.F. No. 2002-0074005 sEr R.o.w.
PROPOSED I D.R.C.C.T. MARKER
J RIGHT-OF-WAY N 89'53.08"E + 1752.80' ---� 1 _
U N 1-
J
—
. .T
RIC S 89'55'27"W 1571.91' — -- FND 5/8•IR
2 EXISTING
— HT OF WAY — — _A_
— - — —
15.0' WATER LINE EASEMENT
115.155 ACRES (BY DEED) McMILLEN ROAD C.C.F. No. 2C.C.T. 74004 -
YES COMPANIES, LLC
DOC. No. 20080205000141500 (A VARIABLE WIDTH RIGHT-OF-WAY)
R.P.R.C,C.T.
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY UNE ARE A 5/8" IRON ROD SET Imo,. ^�ACQUISITION
WITH BLUE CAP STAMPED "GORRONDONA"UNLESS OTHERWISE NOTED. LOCATION
3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE
SYSTEM. NAD-83.THE NORTH CENTRAL ZONE 4202.ALL DISTANCES AND AREAS SUBJECT TRACT &
SHOWN ARE SURFACE. LOCATION OF ACQUISITION
4OF1
City of Wylie
CYLIE 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098
EXHIBIT 7SHOWING O F-
RIGHT-OF-WAY ACQUISITION ' ::• •••• TF
. OUT OF A P G1S7f;Q•...+
112.1246 ACRE TRACT OF LAND (/)SQ-` F0'•..n
SITUATED IN THE -
IT J.W. MITCHELL SURVEY, ABSTRACT No. 589 C TIS SM
CITY OF WYLJE, COLLIN COUNTY, TEXAS
VOLUME RECORDED, AGE 1370 r ••.o 5494 ��
DEED RECORDS OF COLLIN COUNTY, TEXAS t�
PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD
ACQUISITION AREA: 96.750 SQUARE FEET OR 2.221 ACRES CURTIS SMITH
JOB No. 0903-3568 DRAWN BY:JPH CAD FILE:01 ROW.DWG REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JUNE 22, 2012 EXHIBIT B PAGE 3 OF 3 SCALE 1" •• 100' NO. 5494 TEXAS FIRM NO. 10106900
GORRONDONA &ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768
Dedication Agreement (Creekside/Wylie) Page 30 of 34
#625663
Exhibit "E"
Form of
Assignment and Assumption of
Dedication and Impact Fee Agreement
Between Creekside Development, Inc. and
The City of Wylie, Texas
(McMillen Road Project)
ASSIGNMENT AND ASSUMPTION OF
DEDICATION AND IMPACT FEE AGREEMENT
BETWEEN CREEKSIDE DEVELOPMENT,INC. AND
THE CITY OF WYLIE, TEXAS
(McMillen Road Project)
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS ASSIGNMENT AND ASSUMPTION OF DEDICATION AND IMPACT FEE
AGREEMENT (this "Assignment") is made to be effective as of the day of
, 2013, by and between CREEKSIDE DEVELOPMENT, INC., a Texas
corporation("Assignor"), and , a ("Assignee").
WITNESSETH:
WHEREAS,Assignor, as "Developer," and the City of Wylie, Texas, as "Wylie," entered
into that certain Dedication and Impact Fee Agreement (herein called the "Agreement") dated
, 2013, which Agreement was recorded under County Clerk's File Number
in the Official Public Records of Collin County, Texas, as amended from time
to time;
WHEREAS, of even date herewith, Assignee acquired from Assignor certain property
(the "Assignee Property") more particularly described on Exhibit"A" attached hereto and made a
part hereof for all purposes, being a portion of the real property owned by Assignor and
encumbered by the Agreement; and
WHEREAS, pursuant to Section 22 of the Agreement, Assignor desires to assign to
Assignee its rights as "Developer" under the Agreement to the extent, and only to the extent, the
Agreement pertains to the Assignee Property, and Assignee desires to accept such assignment
and assume the duties and obligations of Assignor as "Developer" under the Agreement to the
extent, and only to the extent, the Agreement pertains to the Assignee Property, pursuant and
subject to the terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
Dedication Agreement (Creekside/Wylie) Page 31 of 34
#625663
1. Assignor hereby grants, sells, assigns, transfers and conveys to Assignee all of
Assignor's rights, titles, interests, powers and duties in, to and under the Agreement, as
"Developer" under the Agreement, to the extent, and only to the extent, the Agreement pertains
to the Assignee Property.
2. Assignee hereby accepts such assignment and, from and after the date of this
Assignment but subject to the terms and provisions of this Assignment, agrees to be bound by,
perform and assume the obligations, duties and responsibilities of Assignor as "Developer"
under the Agreement, to the extent, and only to the extent, the Agreement pertains to the
Assignee Property.
3. Assignee covenants and agrees to indemnify and hold harmless Assignor from
and against any and all liabilities, damages, claims, causes of action, costs and expenses
(including, without limitation, and intended by way of example only, reasonable attorney's fees,
disbursements and amounts paid in settlement of claims) arising out of Assignee's failure to
perform the obligations, duties and responsibilities assumed by Assignee in Paragraph 2 above.
4. Assignor covenants and agrees to indemnify and hold harmless Assignee from
and against any and all liabilities, damages, claims, causes of action, costs and expenses
(including, without limitation, and intended by way of example only, reasonable attorney's fees,
disbursements and amounts paid in settlement of claims) arising out of(a) Assignor's failure to
perform the obligations, duties and responsibilities of the "Developer" under the Agreement that
are not assumed by Assignee pursuant to Paragraph 2 above, or (b) any of the representations
and warranties set forth in Paragraph 5 below being untrue or incorrect in any material respect
as of the date hereof.
5. Assignor hereby represents and warrants, to the best of its current, actual
knowledge and belief, without the requirement of inquiry, the following to Assignee with the
understanding that Assignee is relying on these representations and warranties in assuming the
obligations assumed by Assignee in Paragraph 2 above:
a. No uncured default (or any event which, with the giving of notice or passage of
time or both, could become a default) by Assignor currently exists under the Agreement.
Assignor has not received any written notice or claim of any default, potential default or
non-compliance under the Agreement, and no such notice or claim is contemplated or
threatened.
b. Assignor has performed and/or satisfied all of its obligations under the Agreement
required to be performed and/or satisfied by it as of the date hereof. There are no monies
due, owing, payable or accrued (in whole or in part) as of the date hereof by the
"Developer" under the Agreement. No written demand has been made upon Assignor for
the payment of any monies due under the Agreement that has not been fully paid as of the
date hereof
c. Assignor has not received any written notice, claim or demand for indemnity
under the Agreement, and no notice or claim for indemnity is contemplated or threatened.
Dedication Agreement (Creekside/Wylie) Page 32 of 34
#625663
6. All of the covenants, terms and conditions set forth herein shall be binding upon
and shall inure to the benefit of the parties hereto and their respective heirs, executors, legal
representatives, successors and assigns.
7. Upon recordation of this Assignment, notices to "Developer" under the
Agreement as they pertain to the Assignee Property shall be provided to:
Attn:
Telephone No.:
Telecopier No.:
With Copy to:
Attn:
Telephone No.:
Telecopier No.:
City of Wylie
Attn: City Manager
300 Country Club Road
Wylie, Texas 75098
Telephone No.: (972) 516-6010
Telecopier No.: (972) 516-6026
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment under
seal as of the day and year first above written.
Assignor:
CREEKSIDE DEVELOPMENT, INC,
a Texas corporation
By:
James J. Melino, President
Assignee:
Dedication Agreement (Creekside/Wylie) Page 33 of 34
#625663
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this the day of
20 , by James J. Melino, President of Creekside Development, Inc., a Texas corporation, on
behalf of said corporation.
Notary Public, State of Texas
My commission expires:
Printed Name of Notary
STATE OF TEXAS
COUNTY OF DALLAS §
This instrument was acknowledged before me on this the day of
20 , by , of
, a , on behalf of said
Notary Public, State of Texas
My commission expires:
Printed Name of Notary
Dedication Agreement (Creekside/Wylie) Page 34 of 34
#625663
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: March 27, 2012 Item Number: G.
Department: City Manager (City Secretary's Use Only)
Prepared By: Mindy Manson Account Code: N/A
Date Prepared: March 22, 2012 Budgeted Amount: N/A
Exhibits: 1
Subject
Consider, and act upon, an Interlocal Agreement with the City of Murphy for McCreary Road Paving and
Drainage Improvements.
Recommendation
Motion to approve an Interlocal Agreement with the City of Murphy for McCreary Road Paving and Drainage
Improvements.
Discussion
The City of Murphy is planning improvements to McCreary Road between McMillen Road north to McWhirter
Road. The project involves the widening of McCreary to four lanes north of McMillen, the installation of
underground storm sewer, and improvements to the intersection of McCreary and McMillen. The
improvements associated with this project within Wylie city limits would be improvements that would be
completed at the time when Wylie widens McMillen Road at some point in the future. The jurisdiction line
between Murphy and Wylie generally runs down the center line of McCreary and as such, the project needs to
be a cooperative effort.
The Agreement addresses construction, pavement marking, signage, landscaping, maintenance, irrigation and
lighting. Wylie agrees to secure the necessary right-of-way necessary for improvements to the intersection.
Wylie and Murphy have worked together to establish and review probably construction costs and the logical
allocation of those costs between the two cities. Wylie's estimated costs are $325,000 which we would propose
to fund through a combination of Thoroughfare Impact Fees and savings from already completed bond projects
which have come in under budget.
Approved By
Initial Date
Department Director MM 3/22/12
City Manager
Page 1 of 1
ThTTERLOCA L AGREEMENT FOR
MCCREARY ROAD PAVING AND DRAINAGE IMPROVEMENTS
This Agreement is made and entered into, by and between the City of Murphy, Texas
("Murphy") and the City of Wylie, Texas ("Wylie"), both Texas municipal corporations, acting
herein through their duly authorized agents, officers, and employees ("Agreement") on the
Effective Date of this Agreement, as hereinafter defined.
WITNES SETH
WHEREAS , the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
authorizes units of local government to contract with one or more units of local government to
perform governmental functions and services; and
WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of,
and in accordance with, Chapter 791 of the Texas Government Code, for the performance of
governmental functions and services; specifically, improvements to be made in the McCreary
Road Paving and Drainage Project associated with a common corporate boundary line whose
eastern half is fully within Wylie and whose western half is fully within Murphy, as identified in
Exhibit "A." attached hereto and incorporated herein for all purposes (the "Project"); and
WHEREAS , the governing bodies of Murphy and Wylie desire to foster good-will and
cooperation between the two entities; and
WHEREAS, Murphy and Wylie deem it to be in the best interest of both entities to enter into this
Agreement relative to the Project.
NOW, T J+:R FORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, MURPHY AND WYLIE AGREE AS FOLLOWS:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meaning ascribed to
them :
1.1 "Effective Date" shall mean the last date of execution hereof
1.2 "McCreary Road Paving and Drainage Improvements Project" or "MIP" shall mean the
improvements that are described in this Agreement, as identified in Exhibit "A," to take place in
the northwestern half of McCreary Road from McMillen Road (in Murphy) north to McWhirter
Road.
Murpky.2012.328.02.27. 12 Page I
1.3 "Murphy" shall also mean the city limits of the City of Murphy, Texas.
1.4 "Storm Sewer Line E" shall mean the new, oversized, underground storm sewer to be
constructed in Wylie along McMillen Road (Betsy Lane in Murphy) , from the east of McCreary
Road to the west of N. Lewis Road in order to convey the portion of the storm water run-off
generated in Murphy after the McCreary Road Paving and Drainage Improvements Project is
completed. Storm Sewer Line E is identified as such in the MIP construction plans, attached
hereto as Exhibit "A." Murphy' s contribution of storm water run-off into this system requires
Wylie' s facility to be oversized to accommodate the additional storm water conveyance.
1.5 "Wylie" shall also mean the city limits of the City of Wylie, Texas.
Article II
Commencement and Completion
2. 1 In accordance with state law, Murphy will let construction of the Project, within 270 days
of the Effective Date, and shall diligently pursue the Project to completion said construction.
Article
Terms and Conditions
Subject to other provisions of this Agreement and consistent with the terms as specified
in Exhibit "A", Murphy and Wylie have agreed to the following terms:
3. 1 Storm Sewer Line 'L' in Murphy's McCreary Road Construction Plans
It is anticipated that Murphy' s MIP will be constructed in advance of Wylie ' s McMillen
Road Paving and Drainage Improvements project, and therefore, Murphy will construct, operate
and maintain this portion of off-site Storm Sewer Line E in Wylie.
3.2 McCreary Road-McMillen Road Intersection
a) Wylie requests that the McCreary Road-McMillen Road intersection within Wylie
(the "Intersection") be constructed in its entirety with Murphy' s MIP. This includes
the westbound to southbound left turn lane pavement at the east intersection of
McMillen Road and McCreary Road as shown in Wylie' s approved construction
plans for McMillen Road, that were provided in the MIS', as well as the necessary
temporary transition.
b) A portion of existing concrete pavement in that segment of existing westbound
McMillen Road, immediately west of N. Lewis Road, shall be removed by Murphy
and replaced with temporary flexible base. It is understood this segment of McMillen
Road is not in use and will be removed and replaced when Wylie improves McMillen
Road.
Murpfiy.2012.328.O2.27. 12 Page 2
c) Murphy will install traffic signal conduits at the Intersection for a future traffic signal
to be installed and operated by Wylie.
3.3 McCreary Road Pavement Marking and Signage
McCreary Road is currently constructed as a two-lane undivided roadway fully contained
within the corporate boundary of Wylie. Existing traffic marking on this segment of McCreary
Road consists of a double yellow centerline stripe. It is agreed that during the course of
pavement marking for the newly constructed southbound lanes of McCreary Road, Murphy will
obliterate the pavement marking on the existing northbound McCreary Road and furnish and
install lane markings and signage for northbound McCreary Road in Wylie.
3.4 McCreary Road Median Landscaping, Maintenance and Irrigation
a) Murphy shall furnish, install and establish solid sod Bermuda Grass along the
disturbed areas of construction for McCreary Road, between McWhirter Road and
McMillen Road in Murphy. In areas where the median is less than 4-feet in width,
Murphy shall furnish, install and establish "Love Grass" (scientific name).
b) Murphy shall maintain and irrigate the McCreary Road Median from McWhirter
Road to Hickory Top Dr. (Murphy), a.k.a. , Creekside Estates Drive (Wylie) .
c) Wylie shall maintain and irrigate the McCreary Road Median from Hickory Top
Dr. (Murphy) to McMillen Drive (Murphy) .
d) Wylie shall allow Murphy to install a 1 -inch irrigation tap and meter on the
already existing Wylie 12-inch water line near the intersection of McCreary and
McMillen (Wylie) for the purpose of irrigating and maintaining the Betsy Lane
median in Murphy.
3.5 McCreary Road Median and Roadway Lighting
a) Murphy shall install electrical conduit sleeves across the median openings along
the portion of McCreary Road constructed with the MIP and at strategic locations
from the median to the parkways in both Murphy and Wylie for future roadway
lighting.
b) Roadway lighting will not be a part of the MIP.
Article IV
Allocation of Costs
The allocation of costs provided is based upon that probable construction cost, dated
February 21 , 2012, attached hereto as Exhibit "B," and incorporated herein for all purposes
("Engineer' s Opinion of Construction Cost") . The Probable Construction Costs and/or allocation
of costs provided below may be amended by written agreement between both parties .
Murp1ty.2O 12.328.O2.27, 12 Page 3
4.1 Cost for Construction of the Storm Sewer Line
a) Costs shall be shared in the manner described in Section 4. 1 (b) herein for the
construction of the Storm Sewer Line E from McCreary Road east right of way to
the terminal connection point in Wylie ' s existing underground storm sewer
system, completed in place, including appurtenances and incidentals thereto,
based on actual costs, subject to final approval from Wylie .
b) Wylie shall reimburse Murphy for its portion of Storm Sewer Line E along
McMillen Road on the following percentage basis:
Murphy ' s Responsibility: = 32%
Wylie' s Responsibility: = 68%
c) Murphy shall pay for obtaining and for any land rights secured in the form of
drainage easements, if required, in performance of this Agreement.
d) Wylie shall pay for obtaining and for any land rights secured in the form of fee
title right-of-way for McMillen Road, in performance of this Agreement.
4.2 Cost for McCreary Roads-McMillen Road (Wylie) Intersection
a) Murphy shall include the construction associated with the Intersection in the MIP.
b) Wylie shall reimburse Murphy for the actual cost of construction associated with
the Intersection in the MIP.
c) Reimbursement cost shall be determined based on the actual contract unit prices
and quantities for work associated with the pavement improvements to McMillen
Road in Wylie .
4.3 Cost for McCreary Road Pavement Marking and Signage
All cost for Murphy removing the pavement marking on the existing northbound
McCreary Road and furnishing and installing lane markings and signage for northbound
McCreary Road in Wylie as described in Section 3 . 3 above shall be borne by Murphy.
Article V
Land Rights and Easements
5.1 Land Rights and Easements for the Storm Sewer Line E
a) Murphy shall prepare necessary documents, in forms provided by Wylie, and secure
the land rights required to construct, operate and maintain Storm Sewer Line E in the
Wylie city limits. Said land rights shall be secured in the form of a drainage and
temporary construction easement granted to Wylie ("Easement(s)").
Murphy.2012.328.02.27. 12 Page 4
b) Wylie shall allow Murphy' s construction contractor full access to and within the
Easement to construct Storm Sewer Line E.
c) If Wylie can successfully secure the fee title right-of-way for McMillen Road in
advance of the start of construction by Murphy, then no additional land rights shall be
required to be obtained by Murphy, and Murphy shall have access to the McMillen
Road right-of-way for the purpose of constructing Storm Sewer Line E.
5.2 McCreary Road-McMillen Road (Wylie) Intersection
In order to construct the Intersection in Wylie, a portion of the McMillen Road right-of-
way must be acquired . In this regard, Wylie shall prepare the necessary right-of-way documents
and obtain the necessary right-of-way, in forms provided by Murphy. If the necessary right-of-
way is not obtained in advance of construction on McCreary Road, Murphy shall construct a
temporary transition at the McMillen intersection that conforms to the current or then existing
available right-of-way.
Article VI
Indemnification/Immunity
6.1 TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO
RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS
OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL
CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH),
PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND OTHER LOSSES,
DEMANDS, SUITS, JUDGMENTS, AND COSTS, INCLUDING REASONABLE
ATTORNEY' S FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED
TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR
CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF IT
RESPECTIVE OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, OR ANY OTHER
THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION
WITH PERFORMING THIS AGREEMENT. THIS AGREEMENT AND THE
INDEI ETY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT
CREATE ANY CAUSE OF ACTION FOR THE BENEFIT OF THIRD PARTIES OR
ANY PERSON NOT A PARTY TO THIS AGREEMENT. TIiIS PARAGRAPH SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
6.2 It is expressly understood and agreed that, in the execution of this Agreement, no party
waives, nor shall be deemed hereby to have waived any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
parties not signatories hereto.
Murphy.2012. 328.02.27. 12 Page 5
Article VI
Miscellaneous
7. 1 Relationship of Parties
Each of the parties understand and agree that each of the parties performing obligations
required by this Agreement is acting as an independent entity and that the execution of this
Agreement shall not be construed as creating a joint venture or agency relationship by or among
any one or more of the parties. Each party hereto is an independent governmental entity acting
pursuant to the state laws and local ordinances regulating its conduct, and by execution of this
Agreement, the parties make no representations regarding the validity of the actions taken by any
of the other parties hereto .
7.2 Default
In the event of a breach of this Agreement by any party hereto, one or more of the other
parties may pursue only injunctive relief or specific performance. The Cities waive and release
all other remedies.
7.3 Immunity
Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or
official immunity afforded by law to the Cities, either individually or collectively.
7.4 Capacity
Each of the signatories below hereby represents that this Agreement has been approved
by his or her City Council and that he/she has full capacity and authority to sign and assume all
obligations granted and assumed under this Agreement.
7.5 Binding Agreement; Assignment
The terms and conditions of this Agreement are binding upon the successors and assigns
of all parties hereto. This Agreement may not be assigned without the written consent of the
other Party.
7.6 Notices
An.y notice required or permitted to be delivered hereunder shall be deemed received
three days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address set forth below or on the day actually received if
sent by courier or otherwise hand delivered to the following addresses:
Murphy.2012.328.02.27. 12 Page 6
If intended for Wylie, to:
City of Wylie
Attn: City Manager
300 Country Club Road
Wylie, Texas 75098
If intended for Murphy, to :
City of Murphy
Attn : City Manager
206 N. Murphy Road
Murphy, Texas 75094
7.7 Governing Law
This Agreement shall be governed by the laws of the State of Texas; and venue for any
action concerning this Agreement shall be in a court of appropriate jurisdiction in Collin County,
Texas. This paragraph is not meant to waive any immunity that may apply to any claim arising
out of this Agreement.
7.8 Legal Construction
In the event any one or more of the provisions contained in this Agreement are for any
reason held to be invalid, illegal , or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect other provisions, and it is the intention of the parties to this
Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a
provision be added to this Agreement which is legal, valid and enforceable and is as similar in
terms as possible to the provision found to be illegal, invalid or unenforceable.
7.9 Recitals
The recitals to this Agreement are incorporated herein.
7.10 Counterparts
This Agreement may be executed in counterparts. Each of the counterparts shall be
deemed an original instrument, but all of the counterparts shall constitute one and the same
instrument.
7.11 Exhibits
Any exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
7.12 Captions
Murphy.2012.328.02.27. 12 Page 7
The captions to the various clauses of this Agreement are for informational purposes only
and will not alter the substance of the terms and conditions of this Agreement.
7. 13 Amendment
This Agreement may be amended by the mutual agreement of the parties to it, in writing and
attached to and incorporated in this Agreement.
7. 14 Survival of Covenants
Any of the representations, warranties, covenants, and obligations of the parties, as well as
any rights and benefits of the parties, pertaining to a period of time following the termination of this
Agreement shall survive termination.
7.15 Entire Agreement
This Agreement is the entire Agreement between the parties with respect to the subject
matter covered in this Agreement. There is no other collateral oral or written agreement between
the parties that in any manner relates to the subject matter of this Agreement, except as provided
in any Exhibits attached hereto .
Executed on this day of , 2012 . Executed on this day of , 2012 .
City of Wylie, Texas City of Murphy, Texas
By:
By :
Mindy Manson, City Manager James Fisher, City Manager
Attest: Attest:
By: By:
Carole Ehrlich, City Secretary Aimee Nenner, City Secretary
Agreed as to Form: Agreed as to Form:
Courtney A. Kuykendall Wm. Andrew Messer
City Attorney City Attorney
Murphy.2012.328,02.27. 12 Page 8
Exhibit "A"
(I\4cCreary Road Paving and Drainage Improvements)
Murphy.2012-3 8.U3/OG/I2 Page 9
:
CIITIr 0 F MURPHY
4EX A
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Exhibit "B"
(Construction Cost)
Murphy.201 328.03/06/1? Page 10
BJIIFF, ' ' NDfflCKS & CLE J_r L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361 -7900
JOHN W. E1IL .}TOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
PALL A. CARL INE. P.E.
MMT HICKEY. P.E. February 21 , 2012
ANDREW MATA. Jl .. P.E
JOSEPH T. GRAJEWSII, Ill. P.E.
Mr, Chris Hoisted, P.E.
City Engineer
City of Wylie
300 Country Club Road '
Wylie, Texas 75098
Re: McCreary Road Paving and Drainage Improvements
Final Construction Plans
Dear Mr, Hoisted:
As requested by the City of Murphy, we are enclosing one ( 1 ) bound set of final construction plans for the
City of Murphy's McCreary Road Paving and Drainage Improvements project, from McMiIlen Road to
Mc ter Road for your review and files.
As indicated in our enclosed Inter-Local Agreement Bullet Points Memo dated, November 17 , 2011 , the
McCreary Road project contains shared cost between the Cities of Murphy and Wylie. Our total opinion of
probable construction cost for this project is $ 1 ,950,000. The breakdown in our opinion of probable
construction cost utilizing the criteria established in the aforementioned memo is as follows:
.McMillen Road Paving Improvements in Wylie $105,000
�+ Plus Wylie's portion (68%) of off-site storm drainage Line ' E' +$220,000
Net City of Wylie opinion of probable construction cost $325,000
We are enclosing an itemized opinion of cost for the overall project and the inter-local agreement items for
your review and files. We are available to discuss this project further at your convenience.
Sincerely yours, �,-
r-
;- •
f
Gary C. mend t ks,
Enclosures
cc: Mr.. James Fisher, City of Murphy
RECEIVED
•
Ms. Kim Lenoir, City of Murphy
4.211 2D17:
ENGINEERING
Texas American Public Works Association 2011 Awardee
Environmental Project of the Year S2-S10 Million - Columbian Purnp_jtaian Rehabilitation
rick is tmurph}'t2Dl O-I 14 m rrran patipeuiblicrs Vaal pbxus la uy4,rd C • Taws Finn F526
BIRKHOFF, HE RICKS & CARTER, L.L.P. Project No. 2010, 1 ILl
PROFESSIONAL ENGINEERS
Client; Date: 21 -Feb- 12 a
Project: McCreary Road Paving and Drainage Improvements
('McMillen Road hrougfiLeft_ Turn, Lazne in rfi5Iie) By: PBS
ENGINEER' S OPINION OF CONSTRUCTION COST
Item No. Description - Q.--------
ce Amount
103 Remove and Dispose_of Asphaltic Concrete Pavernent 24A f S.Y. $ 3.50 S 851 ,00�
i 1
104 Full Dcptlt Saw-Cutting Reinforced Concrete Pavement or Walk 47 1 L. F. S _me 4 .00 5 _ 188 .00
105 Unclassified Street Excavation 1 ,560 C.Y. $ 8.51 13,260.00
106 Furnish and Place Topsoil (4- inches) 900 S.Y. .S 1 .25 S 17125.00 ,
108 Furnish, Install and tvlaintnin Solid Block Sod 900 I S.Y. I S 2.75 r $ - 2,475 .00
110 Construct I2-inch Lime, Treated Sugrade ' 1 ,506 S.Y. $ _ 3 ,25 ; $ _ 4,893 .85
._..... ...._.
LI I , ydrated Lime (Assume 68# per S.Y. for Bidding) _ . 51 Tons $ 145.00 , _ 7,423 .59
112 .Construct 8-inch Reinforced Concrete Pavement 1 ,366 S. Y. $ 37.00 $ 50,553. 10
113 Construct 6-inch Monolithic Concrete Curb 180
- - 114 Construct 6-inch to 1 -inch_ Curb Hcift Transition _ 3 Ea. S 100.00 3 300.00
120 Construct Reinforced Concrete Street Header I I 11 ,998.00
- _ i 21 Construct Lanttudinal Butt Joint1 ,888.00
122 Construct 4-inch Reinforced Concrete Sidewalk t
123 - Construct Reinforced Concrete Median Pavement with Brick Pavers 80 S.F. $ 10.00 $ 800.00
124 Construct 6-inch Doweled Curb & Cutter - 224 L.F. $ 22. 00 S 4,928.00
125 Furnish & Install Broken White Line Traffic Buttons 714 LE. .' $ 1 .OD S 714.00
127 Furnish & Install Turn Bay Line __-- 150 LE. S 2.25 S 337.50
1
128 Furnish & Install 24-inch White Thcrrnoplatic Stop Bar .- - 35 ..F_ $ -- 7.50 ' $ 262.50
129 Furnish & Install White Therrn92Iastic Marking "ONLY" I Eu. - S 175 ,00 $ 175.00
r .
r r
! 130 Furnish & Install White Thermoplastic Markin - Straight Arrow ? Eu. $ 140,00 $ 280.00
131 Furnish & Install White Thermoplastic Marking ,_Turn Arroty 2 Ea. $ 200.00 $ 400.00
t I
161 Construct 10-Foot Recessed Curb Inlet
_ _ _ 1 L.F. $ _ 2,700.00 S 2,700.00
I 171 1Adjust Existing Water Valve Stack 1 Ea. $ 300.00 S 300. 00
175 LFurnish & insinstall 3-inch PVC Conduit w/Detectable Tape (Signalization) 157 L.F. $ 7,00 . $ I ,095.5t
W$P&:115-2 (EBcvtsed).xtn Page 1 of 2
BIRKUOFF, hENDRICKS & CARTER, L.L.PU Project No. 2010-114
PROFESSIONAL ENGINEERS
Client: Ci of Mu lx Date: 21 --Feb- 12
Project: McCreary Road Paving and Drainage Improvements
(McMillen Road Through Leff Turn Lane in Wylie) By: - DBC_
ENGINEER' S OPINION OF CONSTRUCTION COST
. „ea_
ff Item No. Description quantlt r Unit Price Amount
176 :Furnish & Install Electrical Pull Box (Signalization) I Ea. S 500.00 S 500.00
177 I Furnish & Install Type "Cis Traffic Control Box (Signalization) 2 Ea. $ 750.00 S 1 ,500.00
188 Relocate Existins 12" Water Line, Fire Hydrant and Valve 1 L.S, S 3,500.00 $ 3,500.00
191 Remove & Replace Plastic Split Rail Fence 50 L.F. $ 20.00 . $ 1 ,000.00 ,
Total Amount (McMillen Pavement in Wylie): S 104,393.04
Contingencies and Miscellaneous Items 0%
Total: S 104,393.04
USE: $ I0s,004.14
tos.P&asr2 (Revbea}.xbx Page 2 of 2
•
BIRKHOFF, HENDRICKS & CARTER, L.L.P. Project No, 2010- 114
PROFESSIONAL ENGINEERS
Client: City of Murphy Date: 20-Feb-12
Project: McCreary Road Pavin& and Drainage Improvements
(McMillen Road O site Storm Drainage Liner} By; DBC
ENGINEER'S OPINION OF CONSTRUCTION COST
Diem Sp. 1 -- - ---- - - ‘-- i scriplion _ Quantity ` Unit Price Amount
135 Furnish and Install 18-inch RCP, Class Hi , includirtw Embedment , _ 165 L.F. $ 44.00 S 7160.00
139 Furnish and Install 30-inch RCP, Class III, including Embedment 46 L.F. $ 72.00 .S 3 ,319.20 I
140 Furnish and Install 33- inch RCP, Class Ell, includin Embedment 73 L. F. $ 75.00 $ 5,452.50
141 - Furnish and Install -36-inch RCP, Class III, including Embedment 39 L. F. 80.00 $ 3, 120.00
142 Furnish and install 42-inch RCP, Class III, iticludi_ng Embedment 483 L.F. S 92.00 $ 44,4115.20
143 Furnish and Install 48-inch RC[', Class 111, including Embedment 1 ,527 L.F. S - 108.0E $ 164 ,916.00
144 Furnish and Install 6'x3' Reinforced Concrete Box Culvert 266 L.F. $ 200.00 $ 53,200.00
150 Furnish & Install 18-inch RCP Plug 3 Ea. $ 400.00 $ 1 ,200.00
I51 Furnish & Install 36-inch RCP Plu& - 1 Fes. S 1 ,000.00 5 1 ,000.00
166 Construct 4-ft. x 4-f1. W e Inlet with Aaron 2 En. $ 3,000.00 $ 6,Ot10.00
167 Construct 5-ft. Type " B" Storm Sewer Manhole 5 Ea. $ 3,500.00 S -_ 17,500.00
168 Construct 7-ft. T4 e "B" Storm Sewer Manhole 2 Ea. S 5,00Q,O0 S 10,000.00 `
192 Remove and Replace 4-Strand Barb Wire Fence I 270 L. F. S 8.00 S 2, 160.00
193 Remove and Replace Steel Gate I Ea. $ 800.00 $ 800.00
Total Amount (Oil-site Storm_ Drainage Line ' El: L _ $ 320,372 .90
I . . - -
Contin cncies and Miscellaneous Items - r 0% S -
Total: $ 320,372.90
t
USE: S 321 ,000.00
105-P&9S-: CRcvisccai}.xlst Page I of 1
'` t- `" Wylie City Council
r im .trettrr`
- k AGENDA REPORT
�ssy,3.
Were or tst0
Meeting Date: April 23,2013 Item Number: WS-2
Department: Public Services (City Secretary's Use Only)
Prepared By: Mike Sferra/Robert Diaz Account Code:
Date Prepared: April 4,2013 Budgeted Amount:
Exhibits:
Subject
Discussion regarding the allocation of remaining contingency funds from 2005 Park Bond projects related to
Founders and Community Park.
Recommendation
N/A
Discussion
In a previous joint Park Board/City Council Work Session held on May 31, 2011, it was stipulated that if
sufficient funds were available after completion of the 2005 Park Bond projects, separate contracts would be
pursued to accomplish the following (in order of importance):
1. Concession/restrooms for football
2. Concession/restrooms for T-ball fields
3. Bleachers
4. Football scoreboard and/or press box
After completion of the 2005 Park Bond projects, the remaining contingency funds are estimated to be $79,800.
The Park Board discussed the allocation of these remaining funds during their past four regular meetings and
has come to the following consensus:
1. Build a restroom facility for T-ball at Community Park. The estimated cost for engineering and
construction is $55,000 - $60,000.
2. After completion of the restroom facility, use remaining funds to acquire bleacher covers for the four
baseball fields at Community Park. WBSA has indicated that they would be willing to participate with
the City and contribute $35,000 toward the acquisition of bleacher covers.
3. If any funds are still available, acquire bleachers for Cooper field. The other three baseball fields at the
park received new bleachers as part of the current budget.
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At the recent Park Board meetings, the Board concluded that the existing restrooms at Founders Park are
adequate for use by football league participants. At some point in the future, the Board would welcome
construction of a restroom facility at Founders Park, but in the meantime, they acknowledge that building a T-
ball restroom now would essentially allow Community Park to be complete.
Additionally, over the past two years, staff has relocated one scoreboard and assisted the WFL on installing a
new scoreboard at Founders Park for football, and the football press box has been relocated from Community
Park to Founder Park.