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03-25-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Monday, March 25, 2002 6:00 p.m. Wylie Municipal Complex-Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS&PRESENTATIONS Presentation by Sam Satterwhite,Economic Development Director,regarding status of current and future economic development projects. 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 off items."If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of March 12,2002. B. Consider and act upon authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. INDIVIDUAL CONSIDERATION Public Hearing 1. Hold the first of two Public Hearings for the annexation of a 5.791 acre tract out of the Aaron West Survey,Collin County,Texas; and generally located east of F.M. 544. Agreements 2. Consider and act upon issues surrounding an Economic Development Incentive Agreement between the City of Wylie and Southern Fastening Systems. 3. Consider and act upon a reimbursement agreement with Twin Lakes LP for a portion of the construction of Alanis Blvd. Resolutions 4. Consider and act upon a Resolution authorizing the retention of consultants for independent analysis of the TXU Gas rate filing, and suspending the proposed effective date of the rates. 5. Consider and act upon a Resolution authorizing the Mayor to enter into an Interlocal Agreement with Collin, Dallas, and Rockwall Counties granting the City of Wylie exclusive jurisdiction to regulate all subdivision plats and approve all related permits within the Extraterritorial Jurisdiction of these Counties. Planning Items 6. Consider and act upon a Final Plat for the LGD Properties Townhomes,being a certain 1.2388 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820, and being part of Block 3 of the unrecorded Russell Addition, and being part of Lot 39,Block 8, of the Brown and Burns Addition to the City of Wylie, Collin County, Texas, according to the Plat thereof recorded in Volume 1, Page 110-112 of the Map Records of Collin County, Texas, and being a tract of land conveyed to Marion M. McDonald by deed recorded in Volume 205, Page 653, and being a tract of land conveyed to D&M Check Cashing by deed recorded in County Clerk's File No. 95-0008356 of the Deed Records of Collin County,Texas. CIT1 ENS PARTICIPATION READING=OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL "A REQUIRED BY WYLIE CITY CHARTER,ARTICLE I> SECTION'13-1). ADJOURN1? C+N'I 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. I certify that this Notice of Meeting was posted on this day of ,2002 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 contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 1VNIINUTES Wylie City Council Tuesday, March 12, 2002 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present:Mayor John Mondy,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager, Brady Snellgrove, Finance Director; Chris Hoisted,City Engineer and Aimee Nemer,Administrative Assistant. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Eric Hartman,Murphy Road Baptist Church provided the invocation and Councilman Eric Hogue led the Pledge of Allegiance. PRESENTATIONS&PROCLAMATIONS Proclamation declaring the month of March"Red Cross Month" Mayor Pro-Tem Joel Scott read the proclamation declaring March "Red Cross Month". The Mayor presented the proclamation to Ms. Karla Gray from the Red Cross. Ms. Gray thanked the City of Wylie for supporting the Red Cross. CONSENT AGENDA A. Consider and act upon entering into an Interlocal Agreement with Collin County for the development of Quail Meadow Park. B. Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff, Hendricks & Conway, L.L.P., in the amount of $13,000 for engineering services related to the preparation of an Emergency Water Management Plan. C. Consider and act upon approval of final acceptance of the First Street and Graham Court Drainage Improvements and authorize final payment to Tri-Con Services, in the amount of $21,676.10 and accept the project as complete. Councilman Hogue made a motion to approve the Consent Agenda, Items A, B, and C. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. INDIVIDUAL CONSIDERATION 1. Consider and act upon approval for a new Interlocal Agreement for Fire Protection Services between the Town of St.Paul and the City of Wylie. Mr. Johnson provided Council a brief history of the Interlocal Agreement. Mr. Johnson stated that the City Attorney's office would be reviewing the final draft. Councilman Young made a motion to approve the Interlocal Agreement. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 2. Consider and act upon amending Section 42-37(5)of the City Code regarding hours of construction and the associated prohibited noise. Minutes of March 12,2002 Wylie City Council Page 1 Ms. Manson described the amendments proposed regarding the hours of construction. She explained a survey of surrounding cities and their requirements.Ms.Manson stated that the proposed amendments were comparable to the surveyed cities. She also explained that the City Manager has the discretion to authorize special permits as needed upon request.Ms.Manson explained the proposed penalties including Injunction Relief. Councilman Scott asked for clarification on Injunction Relief and if our amendment would include this option.Ms. Manson stated that it was included in the amendment. There was some discussion on whether to specify residential/commercial property. There was also discussion on whether to specify internal/external construction. Councilman Scott inquired if the amendment should state a minimum distance requirement.Mr. Johnson explained to Council that the amendment should be clearly defined so that it can be enforced correctly. Councilman Scott made a motion to approve the amendments as stated in the ordinance. Councilman Worley seconded the motion.A vote was taken and approved,7-0. 3. Hold a public hearing to consider and act upon a revision to the Standards of Care for Youth Programs as adopted by Ordinance 2000-7. Mr. Sferra addressed Council on this item.He explained that an annual public hearing was required by the state in order for the youth recreation program to be exempt from the state's licensing requirement. Councilman Young asked if the Standards of Care allowed for background checks.Mr. Sferra stated that it did.Mayor Mondy opened the public hearing. No citizens came forward during the public hearing. Mayor Mondy closed the public hearing. Councilman Trout made a motion to approve the Standards of Care. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. CITIZENS PARTICIPATION There was no citizens participation. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY RTER,ARTICLE DI,SEC 1I.ON 13-D. The caption to ordinance 2002-09 was read into the record. ADJOURNMENT With no further discussion,the meeting was adjourned at 6:20 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes of March 12,2002 Wylie City Council Page 2 `VYLIE CITY COUNCIL AGENDA ITEM NO. B. March 25, 2002 Issue Consider and act upon authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County,Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Background This Interlocal Cooperation Agreement replaces an existing agreement approved by the City Council on March 13, 2001. The existing agreement was initially renewed on an annual basis, however the new agreement will automatically renew for successive one year terms unless terminated by a party upon giving thirty(30) days written notice to the other party of its intent to terminate the agreement. The Agreement will allow Collin County to continue participation in road and bridge maintenance/improvement projects within the corporate limits of Wylie. The county may assist with general maintenance activities such as the grading,rocking,asphalt level up, seal coating,installation of culverts,cleaning of drainage ditches,mowing or brush cutting,emergency repairs to bridges,and oiling for dust control. Under past Interlocal Agreements,the County performed maintenance to Hensley Lane from the Service Center to Hooper and Alanis from South Ballard to the site of the closed landfill. In addition, County forces also replaced the culverts in Stone Road at Rush Creek. Financial Considerations As consideration for the services and functions provided by Collin County as part of this Interlocal Cooperation Agreement,the City of Wylie agrees to pay Collin County in accordance with the advance cost estimate submitted to them for work requested by the City of Wylie in the amount and upon the following terms and conditions: 1) Payment in full upon completion of work and receipt of bill for the same. 2) Payment to equal reimbursement in full for labor, equipment, and material expended by Collin County. The costs for road and bridge repairs or improvements will be as follows: 1) Cost of materials used for the project or one-half of the total project (including labor and equipment),whichever is greater, if the road is on the Collin County Thoroughfare Plan. 2) Total cost, including materials, labor and equipment if the road is not on the Coffin County Thoroughfare Plan. Other Considerations Article II, Section 1C of the City Charter gives the City Council authority to cooperate with other governments (County, City or political subdivision) for any lawful purpose for the advancement of interests, safety, convenience and welfare of its inhabitants The Interlocal Cooperation Act,Title 7,Chapter 791,of Vernon's Texas Statutes and Codes Annotated (The"Act"), and the Constitution of the State of Texas,Article III, Section 64(b)(the"Constitution") specifically authorizes counties and other political subdivisions comprised or located within the County to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of the State of Texas, under the terms and conditions prescribed in the Act. Board/Commission Recommendation N/A Staff Recommendation Authorize the City Manager to execute an Interlocal Cooperation Agreement with Collin County,Texas for Road Improvements. Attachments Letter from Collin County Interlocal Cooperation Agreement Collin County Road Policy r Prepared by Revie by mane City Mana er royal t Department of Public Works January 8, 2002 City of Wylie Mike Sferra Director of Developmental Service 2000 Hwy. 78 N Wylie, Tx 75098 Re: Interlocal Agreement Dear Mr. Sferra: Enclosed is an Interlocal Cooperation Agreement which will allow Collin County to continue participating in road and bridge maintenance/improvement projects within the corporate limits of Wylie. The county may assist with general maintenance activities such as the grading, rocking and oiling of roads. Major improvements such as the construction or reconstruction of roads will only be considered if the road is on the Collin County Thoroughfare Plan. A copy of our County Road Policy is attached for your review. This Interlocal Cooperation Agreement replaces an existing agreement signed last year (copy enclosed). This agreement was initially renewed on a annual basis, however the new agreement will automatically renew for successive one year terms unless terminated by a party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Please present this agreement to your City Council for approval and forward one signed original to my office along with a copy of your city's resolution or copy of Minutes from Court showing approval of Interlocal by March 1, 2002. Upon receipt, I will submit it to Commissioners' Court for their approval and signature. A copy of the signed agreement will be returned to you for your records. 700 A Wilmeth Road McKinney, Texas 75069•(972) 548-3701 • (972) 424-1460 ext.3701(Metro) •FAX (972) 548-3754 Please feel free to contact me if you have any questions. sincerely, 'Jon Kleinheksel Director of Public Works Collin County attachments INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the County, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the County and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and , political subdivision of the State of Texas which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual convenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to-wit: INTERLOCAL COOPERATION AGREEMENT PAGE 1 I. As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. To the fullest extent allowed by law, each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivisions who are parties hereto and shall remain in effect for an initial term of one (1) year, but shall automatically renew for successive one year terms unless terminated by a party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. INTERLOCAL COOPERATION AGREEMENT PAGE 2 IV Cont. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a nonappropriation by the paying party, the performing party shall be relieved of its responsibilities hereunder as of the first day of the fiscal year of such nonappropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. COLLIN COUNTY, TEXAS Date: By: Title:Ron Harris, County Judge (Political Subdivision) Date: By: Title: INTERLOCAL COOPERATION AGREEMENT PAGE 3 COUNTY ROAD POLICIES TABLE OF CONTENTS County Road Policies (General) Section I Maintenance of Public Roads Page 1 Section II Upgrade of County Roads Page 1,2 Section III Re-opening of County Roads Page 2 Section IV Abandonment of County Roads Page 2 Section V Subdivisions Page 2,3 Section VI Right-of-Way Page 3 Section VII Other Cost Page 3 Section VIII County Projects , . . , • i• Page:3 Section IX Extending the Length of a Road Project Page 3 Section X Signs Page 4 Section XI Reimbursement by Property Owners Page 4 Section XII Culverts Page 4 Section XIII Extenuating Circumstances Page 4 Application for Road Upgrading Page 5 General Requirements for Upgrading County Roads Page 6 Upgrading/Acceptance of Private Roads in Recorded Subdivisions Page 6 Costs Page 7 County Road Policy (Cities) Section I Maintenance/Improvements to Roads Within City Limits Page 8 Section II Reimbursement for Work Performed by Collin County Page 8 County Road Policy (Oiling/Dust Control) Section I Oiling of County Roads Page 9 Application for Road Oiling Due to Chronic Respiratory Condition Page 10 Assessment Policy for Subdivision Roads Section I Assessment to Upgrade Roads in Subdivisions Page 11 Section II Assessment Procedures Page 11,12 Section III Appeals Page 12 Section IV Liens Page 12 Section V Acceptance Page 12 Section VI Status of Roadway after Acceptance Page 12 Section VII Reimbursement of Funds Page 13 COUNTY ROAD POLICIES (GENERAL) COUNTY ROAD POLICIES (GENERAL) Section I Maintenance of Public Roads A. All public roads located in unincorporated areas of Collin County which are determined by the Commissioners' Court to be county roads,will be maintained by the County. All others shall be considered private roads and will not be maintained by Collin County. B. Roads or sections of roads which are bordered by a city or cities shall not be maintained by Collin County as follows: (a) Any portion of a public road which has been annexed by a city or cities shall not be maintained at county expense. (b) Public roads or portions of public roads which are bordered by a city.or cities on one side will be considered to lie in an incorporated area from the centerline of the public road to the city border. That portion which is considered to be in an incorporated area shall not be maintained at county expense. (c) Public roads or portions of public roads which are bordered by a city or cities on both sides will be considered to lie in an incorporated area and shall not be maintained by Collin County. Section II Upgrade of County Roads A. Commissioners' Court will consider upgrading a rock road to an asphalt road provided one of the following conditions are met: (a) Roads with traffic counts of 150 cars per day or greater, which by the determination of Commissioners' Court, should be asphalted due to maintenance costs or other appropriate criteria when the adjacent property owners donate the right-of-way described in Section VI of this policy; or; (b) Roads not on the Coffin County Thoroughfare Plan with traffic counts of 125 cars per day or greater,which when determined by the Director of Public Works(County Road Supt.) to have adequate width and drainage can be asphalted due to maintenance costs or other appropriate criteria without obtaining additional right-of-way; or; (c) Roads with traffic counts of 100 cars per day or greater can be asphalted when the adjacent property owners donate the right-of-way described in Section VI of this policy; or; (d) When the adjacent property owners donate the right-of-way described in Section VI of this policy and reimburse the County for the cost of materials required to upgrade the subject road to asphalt by current county standards. To be considered for asphalt, a road must tie into an existing asphalt road, unless the road in question is a"Dead End"road. A"Dead End"road which does not tie into an existing asphalt road can be upgraded, provided its entire length is asphalted. A cul-de-sac shall be required when a dead end road is upgraded. Page 1 Section II Continued B. The Commissioners' Court will consider upgrading a dirt road to a rock road provided that the adjacent property owners: (a) Donate the right-of-way described in Section VI of this policy; and (b) Reimburse the county for the cost of materials to upgrade the subject road to the appropriate depth and width of rock Section III Re-opening of County Roads The Commissioners' Court will consider re-opening a county road which has not been maintained by the county in the last 10 years provided that the adjacent property owners: (a) Donate the right-of-way described in Section VI of this policy; and (b) Reimburse the County for the total cost of improvements if the road is to be improved from its existing state Section IV Abandonment of County Roads The Commissioners' Court,by unanimous vote, may abandon a county road upon following procedures required by Vernon's Civil Statute's and the Texas Transportation Code. Section V Subdivisions A. To be considered for maintenance by Collin County, private roads in recorded subdivisions must be asphalt and meet current county standards in regards to width, drainage, culverts, base material type and thickness. B. Private roads in subdivisions which were filed in the County Clerk's Office prior to May 18,1981 will be accepted for maintenance by the county provided there is adequate right-of-way, the roads are asphalt and meet current county standards. C. Private toads in subdivisions which were approved by Commissioners' Court and filed in the County Clerk's Office prior to October 23, 1995 will be accepted for maintenance provided such roads are asphalt and have been built and maintained to county standards. D. Private roads in subdivisions which were filed in the County Clerk's Office after May 18, 1981 that were not approved by Commissioners' Court shall meet the following conditions prior to acceptance: (a) Road right-of-ways must be dedicated to the public and accepted by Commissioners' Court (b) Roads must be asphalt and meet current county standards as described in this policy E. Private roads in recorded subdivisions which do not meet county standards can be considered for maintenance by the county provided the landowners donate additional right-of-way, when needed, and provide total funding to upgrade such roads to county standards. Page 2 Section V Continued F. Private roads in unrecorded subdivisions will not be upgraded by Collin County under this policy. To be accepted for maintenance,the subdivision must be platted and the roads constructed,by a private contractor,in accordance with the Collin County Subdivision Regulations Section VI Right-of-Way A. Right-of-Way shall be in the following form: (a) Right-of-Way which is donated may be in Deed or Easement form; or (b) Right-of-Way which is purchased through negotiations or by eminent domain shall be in Deed form with an actual ownership (Title)transfer of the land. • • • B. Right-of-Way Width (a) The right-of-way width for roads on the Collin County Thoroughfare Plan shall conform to Collin County design standards. (b) The right-of-way width of roads to be upgraded which are not on the Collin County Thoroughfare Plan shall be a minimum of(60) sixty feet. (c) When a road which is not on the Collin County Thoroughfare Plan is a candidate for upgrading,the requirements for right-of-way may be waived by Commissioners' Court provided the required pavement width and drainage are adequate within the existing right-of-way. (d) Right-of-way widths may be waived by Commissioners' Court upon review of engineering information which indicates a different width is appropriate. Section VII Other Cost The cost involved for surveying,to prepare Deeds or Easements, re-locate fences, utilities (Win a private easement beyond the existing prescriptive right-of-way), culverts or other existing improvements may be borne by the county if such cost does not exceed twenty-five percent (25%) of the total project cost. When property owners are required to incur total cost to upgrade a road,the above cost shall not be borne by the County. Section VIII County Projects All projects shall be brought to the attention of Commissioners' Court for consideration. Section IX Extending the Length of a Road Project A road project which has been approved by Commissioners' Court may be extended in length when approved by the Director of Public Works(County Road Superintendent), provided that all requirements outlined in this policy have been met. Page 3 Section X Signs Regulatory and warning signs placed along county roads shall be in accordance with the Texas Manual on Uniform Traffic Control Devices. Section XI Reimbursement by Property Owners Upon Commissioners' Court approval of a road project which requires reimbursement from the adjacent property owners,the property owners involved must place the required amount of money in escrow in a Collin County bank and provide the required right-of-way prior to the commencement of the project. Section XII Culverts Drive culverts within county road right-of-ways shall be permitted and sized by the County. Only corrugated.metal br high-density polyethylene culverts will be permitted Culverts shall be a minimum of thirty(30) feet in length unless the driveway over the pipe is concrete. In which case,the culvert may be the width of the driveway. New drive culverts must be installed at the expense of the property owner. Existing culverts within county road right-of- ways will be replaced as needed by the County at county expense. Section XIII Extenuating Circumstances Any extenuating circumstances not covered under this policy shall be brought to the attention of Commissioners' Court for consideration Page 4 APPLICATION FOR ROAD UPGRADING Requesters'Name: Date: Mailing Address: Home Phone Work Phone • Mobil/Pager Type of upgrade requested: Dirt to Rock Dirt to Asphalt Rock to Asphalt Private Road County Road No./Name: Subdivision Name: Location/Extent of Road(s)to be upgraded: FOR COUNTY USE Is Road on Thoroughfare Plan? Yes No Right-of-Way Required: Comments: Utility Comments: Culvert/Drainage Comments: Fence Comments: Initial Cost Estimate: Materials Labor Other Total Comments: Prepared Bv: Date: Date Mailed: Pages GENERAL REQUIREMENTS FOR UPGRADING COUNTY ROADS An application requesting a road upgrade must be submitted to the Public Works Department specifying the location and approximate length of road or section of road to be upgraded. If more than one person is involved, please designate a single contact. An approximate cost estimate with right-of-way requirements will be prepared by the Public Works Department and sent to the requester. To proceed with the upgrade, the Public Works Department must be notified in writing of the requester(s)willingness to pay for material costs and donate right-of-way, when applicable. The request will be brought to the attention of Commissioners' Court for consideration. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided, if different than the original estimate. Right-of-Way documents,when required,will be prepared by Collin County for signature. Money for material costs shall be placed in an escrow account by the requester(s). The project will be scheduled for construction after these items have been addressed. UPGRADING/ACCEPTANCE OF PRIVATE ROADS IN RECORDED SUBDIVISIONS Subdivision must be recorded and meet the requirements specified in Section V of the County Road policies. All roads in the subdivision must be upgraded/accepted. Minimum right-of-way width shall be sixty(60)feet as required by Section VI,B.,(b) of the County Road Policies. When engineering information indicates that the existing right-of-way is not adequate, additional right-of-way will be required. A request must be submitted to the Public Works Department specifying the name and location of the subdivision in question. Please designate a single contact person for the county regarding this project. An approximate cost estimate will be prepared by the Public Works Department and sent to the requester. To proceed, the Public Works Department must be notified in writing of the requester(s) willingness to pay for all costs involved with the upgrade. The request will be brought to the attention of Commissioners' Court for approval. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided if different from the original estimate. Money must be placed in an escrow account prior to the project being scheduled. If applicable, all fences, utilities or other improvements must be relocated prior to scheduling. Page 6 COSTS Since material costs fluctuate,the written cost estimate we have provided you will be honored for the period indicated(typically 6 months). The cost estimate for materials will be based on the type upgrade requested. Dirt to Rock A blend of(6"loose) crushed native white rock with(3"loose)flex base to •improve traction and minimize dust: . . . Dirt to Asphalt: A blend of(4"compacted)crushed native whiterock with(6"compacted)flex base and two layers of asphalt surface treatment. Rock to Asphalt: Two layers of asphalt surface treatment,any additional rock will be paid for by Coffin County since it is an existing rock road. Private Road in Recorded Subdivision: Since conditions vary,subdivisions will be evaluated on a case by case basis. If you have any additional questions,please feel free to call the Public Works Department at Metro 424-1460 ext. 3700 or(972)548-3700. Mail or Fax Application To: Collin County Service Center 700A West Wilmeth Road McKinney, Texas 75069 Fax Number (972) 548-3754 Page 7 COUNTY ROAD POLICY (CITIES) COUNTY ROAD POLICY (CITIES) Section I Maintenance/Improvements to Roads Within City Limits A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Collin County has limited funds, personnel and equipment available for these projects. C. Commissioners' Court may consider making or participating in improvements to roads • and bridges within the corporate limits of a city as follows: (a) General maintenance items to include rocking,grading, asphalt level up, sealcoating, oiling for dust control, installation of culverts, cleaning of drainage ditches, mowing or brushcutting and emergency repairs to bridges. (b). Major improvements such as the construction or reconstruction of roadways will only be considered if the road is on the Collin County Thoroughfare Plan. D. A city must be entered into an Interlocal Cooperation Agreement with Collin County prior to work being performed by Collin County for that city. E. All requests must be submitted to the Director of Public Works by April 1st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by Commissioners' Court upon the merits presented by the requesting city. F. Authorization for work in cities can only be given by Commissioners' Court. Section II Reimbursement for Work Performed by Collin County A. Costs for road and bridge repairs or improvements will be as follows: (a) Cost of materials used for the project or one-half of the total project (including labor and equipment), whichever is greater, if the road is on the Collin County Thoroughfare Plan. (b) Total cost, including materials, labor and equipment if the road is not on the Collin County Thoroughfare Plan. Page 8 COUNTY ROAD POLICY (OILING/DUST) COUNTY ROAD POLICIES (OILING/DUST CONTROL) Section I Oiling of County Roads County funds shall be expended to spray county roads for dust control as follows: a) When a person has a chronic respiratory condition,substantiated by a physician, the county will oil up to 500 feet in front of their house. If the house is located at a road intersection,the roads will be oiled for up to 500 feet in both directions from the intersection. Priority will be given to elderly residents. • • b) •When the•traffic codnt on a road reaches a minimum of 150•cars per day,oil will be applied on an interim basis until the road can be upgraded to asphalt. If the right-of-way required to upgrade a road is unobtainable, the road will no longer be oiled at county expense. c) When county trucks are hauling materials to or from a project site damaging the road surface and creating a severe dust problem. d) Other conditions as approved by action of the Commissioners Court. B. All other requests for oiling in unincorporated areas of the county would be at the requester's expense. Collin County shall be reimbursed for the cost of materials. Page 9 • Collin County Department of Public Works 700 A West Wilmeth Road McKinney, Texas 75069 (972) 548-3700 FAX No. (972) 548-3754 Application for dust control oiling due to chronic respiratory condition RESIDENT PATIENT Name: Name: Physical Address: Physical Address: Mailing Address: Mailing Address: Phone: Phone: Date of Birth: County Road No.: Application is good for this calendar year only .t«*****A4A£ **************************************************************************«...«. ... 1) Approximate distance residence is from county road. feet 2) Number of years lived at this residence. years 3) What side of road is residence located? Circle one: North South East West ******************** *** ************************************ To be completed by physician. Allergy which interferes with breathing or is life threatening Interstitial Pulmonary TB Pulmonary Fibrosis Lung Abscess Hypoxemia Asthma Sarcoidosis Bronchiolitis Asbestosis Dyspnea Emphysema Cystic Fibrosis Other chronic/life threatening respiratory conditions: How long has patient had this condition: Last episode: Other comments: Physician Name (Please print) Physician signature/specialty Date: Phone No.: APPLICATION SHOULD BE MAILED OR FAXED FROM THE DOCTOR p97:oilform Page 10 . • ASSESSMENT POLICY FOR SUBDIVISIONS ASSESSMENT POLICY FOR SUBDIVISION ROADS Section I Assessment to Upgrade Roads in Subdivisions A. Collin County may upgrade county roads as outlined in Senate Bill 314, Article 6702-3, on a first come basis or as specified by Commissioners' Court provided the initial funds are available or made available to the county. Only roads in recorded subdivisions will be considered for upgrade by assessment. B. Commissioners' Court may consider upgrading a road or roads by assessment within subdivisions in un-incorporated areas of Collin County upon receipt of a written . request from the Property Owner's Association or individual landowners agreeing to adhere to the following terms prior to construction: (a) Donation of additional right-of-way, drainage or utility easements,when required. (b) If a road lies within an unrecorded subdivision, the addition must be approved by Commissioners' Court and a plat filed for record at the County Clerk's Office. (c) Payment for all utility relocations. These costs will not be included in the assessment. (d) Payment for all surveying platting, replatting and legal fees (to include title fees, assignment of liens, etc.). These costs will not be included in the assessment. (e) Payment for all project cost to include materials, equipment and labor. This includes all cost whether by in-house forces or contract. (f) Placement of 10%of the construction cost in an escrow account in a Collin County Bank. (g) Placement of 50%of the utility relocation cost in an escrow account in a Collin County Bank. Section II Assessment Procedures A. After the conditions in Section I have been met, the following procedures are required before the assessment can take place: (a) Commissioners' Court must give notice of the proposed improvement and assessment and must hold a public hearing. The notice must be published at least twice in a newspaper of general circulation in the county and shall state that a public hearing will be held to consider whether or not the improvement and assessment will be ordered. Page 11 Sedion 11 Continued (b) Within 10 days of the public hearing, Commissioners' Court shall send by certified mail, a ballot to each owner of real property showing the maximum amount of assessment for each property in the subdivision should a majority of the record owners of real property in the subdivision vote in favor of the proposition. (c) If the vote passes, Commissioners' Court may provide the time, terms and conditions of payment and default to the assessment, except that no interest on the payment of the assessment shall be allowed. (d) If the vote fails, Commissioners' Court may not order the improvement and assessment, and may not propose the order again until four years after the date the . County Clerk declares the results of the vote to Commissioners' Court. (e) An assessment shall be secured by a lien against the real property of the assessed property owner. Section III Appeals An assessment may be appealed by filing a petition in the district court having jurisdiction in the county not later than the 15th day after the date that a property owner receives an assessment. Section IV Liens An assessment shall be secured by a lien against the real property of the assessed property owner. Liens on all property shall remain in place until such time that the entire assessed amount has been paid to Collin County. Property owners are separately, not jointly, liable for their assessed amounts. Section V Acceptance When all of the requirements set out in Section I and II of this policy have been met and if funds are available from Collin County the project will be accepted. If it will require an excessive amount of time to relocate the utilities and begin the actual upgrading of the road/roads the Commissioners' Court may direct that a minimum amount of maintenance be performed to assure the health and safety of the property owners. Section VI Status of Roadway after Acceptance A road improved under this article is a county road, and the county shall maintain the road in accordance with county road standards. Page 12 Section VII Reimbursement of Funds A. Prior to the actual road upgrading and upon completion of the utility relocation the balance of the utility relocation cost shall be paid to Collin County or the respective utility company. (This includes the 50%escrowed monies plus the remaining 50% balance of the relocation cost) B. Upon completion of the upgrading,the 10%escrowed monies shall be reimbursed to Collin County. C. The 90%balance of the project cost including construction and other related cost as • • noted in Section I of this policy shall be,the.total assessed amount.and shall be collected by the county over an amortized period,not to exceed sixty months. Page 13 WYLIE CITY COUNCIL AGENDA ITEM NO. I . March 25, 2002 Issue Hold the first of two Public Hearings for the annexation of a 5.791 acre tract out of the Aaron West Survey, Collin County, Texas; and generally located east of F.M. 544. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, Charlane Collins Dew. The property is located east of F.M. 544 and is adjacent on three sides to the Bozeman Farms Planned Development District approved by Council in December 2001. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings March13, 2002 First Public Hearing March 25, 2002 Second Public Hearing March 26, 2002 Adoption of Ordinance April 23, 2002 Financial Consideration The current property tax rate for the City of Wylie is .72 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Pl fe 1i/ ilktiaal it roval ep are y Revie �by Finance City Man'ger/, �� : /miili�` l r 11 tun III !' ict �,s' Etif.„ IIMIIIIIIINIIIir-it EZ rump r_____ ........ .._____ 'Mt 7 *Arms ill ath, vim. . ____ g , i�i,;# Props Al 1 - ET\ - ...,.. .4 4• 1 1 1 al W__A 2 1 1 E il 1: vi- • _ i LI 1 i Ea.....7. . 1 .....1' , t CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 5.791 acres SURVEY, ABSTRACT & COUNTY: Aaron West Survey, Abstract 979, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60)days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area begipning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. L SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. - March 25 2002 Issue Consider and act upon issues surrounding an Economic Development Incentive Agreement between the City of Wylie and Southern Fastening Systems. Background In October of 2000, the Wylie Economic Development Corporation (WEDC) entered into negotiations with Southern Fastening Systems(Southern)to consolidate/relocate operations to the Wylie community. Southern is a distributor ofnails, staples and pneumatic tools. With gross sales of $110 million annually, Southern manages 69 retail storefront operations throughout the states of Alabama, Tennessee, Mississippi, Florida, Texas, Georgia, and Arkansas. Having purchased 5 acres from the Birmingham Land Trust near the intersection of F.M. 544 and Sanden Boulevard (as shown on the attached Location Map), Southern intends to consolidate operations from Houston,Dallas,and Plano into a 54,000 square foot distribution facility. Southern will employ 20 individuals at their corporate headquarters in Wylie. The attached Economic Development Incentive Agreement (the Agreement) provides for a total incentive packed of$300,000 over a 5-year period. Following issuance of a final certificate of occupancy by the Development Services Department for the facility,the WEDC will fund a Year 1 grant of$90,000. An annual$50,000 grant will be made in Years 2—5 to Southern by the WEDC following confirmation of a minimum$7.25 million in appraised value at the Southern site. Should Southern not meet its minimum appraised value requirement in any given year, the WEDC will not fund the associated $50,000. Following approval by the City Council, the Development Services Department will waive the$10,000 building permit fee associated with the construction ofthe facility. Financial Considerations The Development Services Department will be providing plan review for the Southern project in- house. Therefore, all costs associated with plan review will strictly be manpower. Based upon an appraised value of$7.25 million, Southern will generate approximately$52,563 to the City of Wylie and$166,388 to the Wylie Independent School District on an annual basis in new ad valorem taxes. Other Considerations Under Section 380.001(a) {Economic Development Programs} of the Texas Local Government Code,"The governing body of a municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality." Board/Commission Recommendation On February 14, 2002, the WEDC Board of Directors met in regular session, approving the Agreement by a vote of 5 —FOR and 0—AGAINST. Staff Recommendation Staff recommends that the Wylie City Council approve an Economic Development Incentive Agreement between the City of Wylie and Southern Fastening Systems. Attachments Location Map Economic Development Incentive Agreement Prepared by Revie d by Finance City Manager Ireoval i i i j 1 i i i ! i 1 ! Subject i i Property i i i i i 7 i i i i i S44 ' i i i i i i i i j , i i i i 1 /• ' 1 i 1 I I r I I I i i 1 I i I i 1 i 1 1 w j I �., I I SOS I �'�, i 1 1 N. 1 I I I �.� 1 .11 i ( i > i L. i ` i i • i • i j i i 1 I i 1 1 c 1 1 a) I i l I j i .) C I i ` 1 i �••' i 1 I j i I i i i 1 ii;. i /'j 1 i::i i I 1j • I i i i i 1 i ' p' i i i i i ! i , i ,is G' LOCATION MAP ZONING CASE #2001 - 17 STATE OF TEXAS § § ECONOMIC DEVELOPMENT § INCENTIVE AGREEMENT COUNTY OF COLLIN § This Economic Development Incentive Agreement ("AGREEMENT") is made by and between the Wylie Economic Development Corporation ("WEDC"), the City of Wylie, Texas ("CITY") and Southern Fastening Systems ("SOUTHERN"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, SOUTHERN intends to construct and occupy a building with a minimum 54,000 square feet for office/warehousing/manufacturing uses, a copy of the site plan is attached hereto as Exhibit "A" (the "FACILITY") located at 690 Sanden Boulevard in the CITY; and WHEREAS, SOUTHERN intends to open operations in the CITY in the FACILITY and such FACILITY will employ approximately thirty (30) employees and maintain substantial property inventory; and WHEREAS, WEDC has found and determined that making an Economic Development Grant, subject to the conditions set forth herein, to SOUTHERN and in accordance with this AGREEMENT will further the objectives of WEDC; and, WHEREAS, the City has determined that the incentives to be paid to, or performed for the benefit of SOUTHERN will serve the public purpose of promoting economic development and diversity, increasing employment, decreasing unemployment or underemployment and expanding commerce and stimulating business and commercial activity in the State of Texas, the north Texas region and the CITY, all as authorized by Section 380.001 of the Texas Local Government Code; and WHEREAS, CITY finds that as an additional incentive it desires to waive the building permit fee concerning the FACILITY; NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the parties agree as follows: Economic Development Grants 1. WEDC Grant A. Subject to SOUTHERN'S continued satisfaction of all the conditions set forth in this AGREEMENT, WEDC agrees to make a cash grant in the total amount of $90,000.00 to SOUTHERN at the time of issuance of a final certificate of occupancy for the FACILITY by the CITY. Beginning on the first anniversary of the payment of the initial grant, WEDC agrees Economic Development Incentive Agreement - Page 1 45790 that additional cash grants, subject to the following conditions precedent, of$50,000.00 each for years 2, 3, 4, and 5 will be paid to SOUTHERN by WEDC following annual confirmation by the Collin County Appraisal District that a minimum of$7.25 million in appraised value exists at the site, consisting of land, improvements, inventory and business personal property, and that the District confirm in writing that all ad valorem taxes on the property for the applicable year have been paid. B. If at any time during the term hereof SOUTHERN fails to meet and maintain all the conditions hereof, for a given year, the payment of the grant for that year to be made hereunder shall be extinguished; however, the grant for any remaining years may continue to be given subject to the conditions provided herein. WEDC shall not have any further obligation hereunder. 2. CITY Grant The City of Wylie, acting by and through its City Council, for the benefit of SOUTHERN hereby waives the building permit fee for the 54,000 square foot office/warehouse, the FACILITY, pursuant to its authority under § 380 of the TEXAS LOCAL GOVERNMENT CODE. Conditions to the Economic Development Grant 3. SOUTHERN shall diligently and faithfully pursue occupancy of the FACILITY on or before March 1, 2003. 4. WEDC shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by SOUTHERN; however, the WEDC grant awarded hereto may be discharged by payment directly to such institution. No Conflicts of Interest 5. The WEDC represents and warrants that the real property upon which the FACILITY is to be located is not owned by any officer or employee of the WEDC. Binding Agreement 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. Except for an assignment by SOUTHERN to an affiliate, which is controlled by SOUTHERN, for which no consent shall be required, this AGREEMENT cannot be assigned by SOUTHERN without written consent of the WEDC. In the event SOUTHERN merges or consolidates with another corporation or legal entity, the new or surviving entity shall be entitled to the benefits conferred by this AGREEMENT upon the written assumption of the liabilities and obligations of SOUTHERN under this AGREEMENT, and, approved by the WEDC and CITY. Economic Development Incentive Agreement - Page 2 45790 Limitation on Liability 7. It is understood and agreed between the parties that SOUTHERN, in satisfying the conditions of this AGREEMENT, is acting independently of WEDC, and the WEDC assumes no responsibilities or liabilities to third parties in connection with SOUTHERN's performance of conditions under this AGREEMENT. SOUTHERN agrees to indemnify and hold harmless the WEDC and CITY, and their respective agents, officers, and employees from all such claims, suits, and causes of actions, liabilities and expenses of any nature whatsoever arising out of SOUTHERN's performance of conditions under this AGREEMENT, including court costs and attorneys' fees incurred in defense thereof. 8. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The WEDC, past, present and future officers, employees and agents of WEDC do not assume any responsibilities or liabilities to any third party in connection with or whatsoever arising out of SOUTHERN's performance of conditions under this AGREEMENT. In addition, SOUTHERN acknowledges and agrees that there shall be no recourse to any of the aforesaid parties, who shall incur no liability in respect of any third party claims based upon or relating to this AGREEMENT. Authorization 9. The execution of this AGREEMENT by the undersigned persons was authorized by Resolution of the Board of Directors of the WEDC, by appropriate action of the City Council of the CITY, and by the governing body of SOUTHERN. Notices 10. All notices required by this AGREEMENT shall be addressed to the following, or such other party or address as the parties designate in writing, by certified mail, postage prepaid or by hand delivery. WEDC: Wylie Economic Development Corporation 2000 Highway 78 N Wylie, Texas 75098 SOUTHERN: SOUTHERN Fastening Systems 9525 Forestview Dallas, Texas 75243-5607 CITY: City of Wylie Attention: City Manager 2000 Highway 78 N. Wylie, Texas 75098 Economic Development Incentive Agreement - Page 3 45790 Entire Agreement 11. 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. Representation 12. CITY, SOUTHERN and the WEDC represent that they each have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed under this AGREEMENT. Governing Law 13. The validity of the AGREEMENT and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas; and venue for any action concerning this AGREEMENT shall be in Collin County, Texas. Amendment 14. This AGREEMENT may be amended only by the mutual written agreement of the parties. Legal Construction 15. In the event any one or more of the provisions contained in the AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Recitals and Exhibits 16. The recitals and exhibits to this AGREEMENT are incorporated herein. EXECUTED on this the day of , 2002. SOUTHERN FASTENING SYSTEMS WYLIE ECONOMIC DEVELOPMENT CORPORATION By: By: Name: Name: Its: Its: 9525 Forestview 2000 HIGHWAY 78 N Dallas, Texas 75243-5607 Wylie, Texas 75098 Economic Development Incentive Agreement- Page 4 45790 CITY OF WYLIE, TEXAS By: Name: Its: 2000 HIGHWAY 78 N Wylie, Texas 75098 Economic Development Incentive Agreement - Page 5 45790 WYLIE CITY COUNCIL AGENDA ITEM NO. 3 . March 25, 2002 Issue Consider and act upon a reimbursement agreement with Twin Lakes LP for a portion of the construction of Alanis Blvd. Background Prior to a September 2001 amendment, the Subdivision Regulations contained a provision stating that the City shall reimburse the property owner or developer for 100% of certain costs, one of which was listed as the cost of paving thoroughfares for the portion of the width of pavement exceeding 18 1/a feet per side for divided thoroughfares. The regulations identified the procedures to be followed for participation, including the submittal of as-built drawings, the bids for construction, and final payments with quantities and unit costs. In September 2001, the portion of the Subdivision Regulations dealing with City participation and reimbursement was deleted; however, the developer of the property in the Twin Lakes subdivision, Twin Lakes LP, initiated the reimbursement process prior to that date. The request is for the portion of Alanis Boulevard located within Phase II of the subdivision. Other Considerations N/A Financial Consideration The total cost of construction for the street was $94,851.98, with the City's portion being $24,588.43. Within the FY2002 Budget, $25,000 was allocated in the Street Department Budget for the reimbursement. Board/Commission Recommendations N/A Staff Recommendations Staff has reviewed the documentation provided by the developer and found it to be accurate. The City Attorney has also reviewed the document and found it to be satisfactory. Attachments Development Reimbursement Agreement C.! Ai/ t.-f‘olioy Prepar by Revie Or by mance City Man: _ P'pproval DEVELOPMENT REIMBURSEMENT AGREEMENT THIS DEVELOPMENT REIMBURSEMENT GREEMENT (the "Agreement") is made and entered into as of this 615 day of , by and between Twin Lake LP, a Texas limited partnership (the "Developer"), and the City of Wylie, Texas ("Wylie"), and on the terms and conditions hereinafter set forth. WHEREAS, the Developer owns approximately 31.639 acres of land situated in the Allen Attenbury Survey, Abstract No. 23 in the City of Wylie, Collin County, Texas; and as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. WHEREAS, the Developer is required to construct a four (4) lane divided thoroughfare and related improvements in accordance with the City of Wylie Subdivision Regulations Ordinance No. 93-33 as amended (the "Subdivision Regulations") as more particularly depicted on Exhibit"B", attached hereto and incorporated herein for all purposes (the"Project); and WHEREAS, the Developer desires to obtain reimbursement of its costs of a portion of the project by the payment of such costs as more fully set forth herein; and WHEREAS, Wylie desires to reimburse the Developer a portion of the costs of the Project as more fully set forth herein. NOW THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Developer and Wylie agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is approximately 34.639 acres of land and more particularly described in Exhibit "A" (previously defined as a portion of the"Twin Lakes Property") 2. Project Construction Costs. Developer will pay for all construction costs of the Project, which include but are not limited to: (i) subgrade preparation; (ii) lime stabilization; (iii) 8" concrete pavement; and (iv) engineering, surveying and inspection fees related to the construction of the thoroughfare (collectively, the "Project Costs"). 3. Project Costs. The total Actual Project Costs are $94,851.98 and a line item listing of each cost is set forth on Exhibit "C" attached hereto and incorporated herein for all purposes, and Wylie agrees to pay a portion of the Actual Project Costs or $24,588.43, ("Wylie's portion of the Actual Project Costs") and a line item listing of each cost is set forth on Exhibit "D" attached hereto and incorporated herein for all purposes. Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 1 4. Reimbursement of Project Costs. Upon completion by Developer of the Project and its final acceptance by Wylie, Developer will receive payment in the amount of Wylie's portion of Actual Project Costs. 5. Limitations of Agreement. The parties hereto acknowledge this Agreement is limited to the participation policies set forth in the Subdivision Regulations, which were created for, in certain circumstances, Wylie's participation in cost of improvements. This Agreement does not waive or limit any of the obligations of the Developer under any ordinance of Wylie, whether now existing or in the future arising. 6. Miscellaneous. a. Construction of the Project will be in accordance with the Ordinances of Wylie. b. Except as provided for in this Agreement, the parties agree that Developer shall be subject to all Ordinances of Wylie. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d. This Agreement shall be construed in accordance with the laws of the State of Texas shall be performable in Collin County, Texas. e. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. f. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. h. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives and successors. This Agreement is not assignable. Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 2 i. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. j. 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. k. 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. 1. Nothing in this Agreement shall be implied to vest any rights in the parties except as are provided by statute, ordinance or as expressly provided in this Agreement. m. The parties agree that Wylie has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7. 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 State 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 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 herewith shall be effective upon receipt at the address of the addressee. For purposes of this notice, the addresses of the parties shall be as follows: If to Developer: Twin Lakes LP Attn: Robert Betancur 720 South Kimball Avenue P.O. Box 92864 Southlake, Texas 76092 If to Wylie: Mr. Biff Johnson City Manager 2000 State Hwy 78 North Wylie, Texas 75098 Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. DEVELOPER: TWIN LAKES LP By: Zena Development Corporation Its General Partner Date: Z4/� 01._. _ By: i R ert J. Be cur Vice President of Development CITY OF WYLIE, TEXAS Date: P. By: ii,Q _ ,, ,:::,F Nam w.. Title: 1 1 Lac "l', OFFICIAL `.k-A! 1 `.•' Y PV®y/y Sao G.- Aimee Nemer tt, s State of Texas %°y �� arc My Commission Expires �.. o;;&d' August 26, 2003 c. Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 4 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared C. Pat DiFonzo, President of Zena Development Corporation, general partner for Twin Lakes LP and executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4 day of 1 /� ,p''";�`r4, CAROL WHITE ; Zi>'/ e'-'t ; ' MY COMMISSION ExPIFES NotaryPublic, State of Texas 4t January 22,2006 ' STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared of the City of Wylie and executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, State of Texas Development Reimbursement Agreement between Twin Lakes LP and The City of Wylie,Texas Page 5 LEGAL DESCRIPTION Exhibit "A" WHEREAS, TWIN LAKES LP, is the owner of a tract of land situated in the Allen Atterberry Survey, Abstract No.23, in the City of Wylie, Collin County, Texas, being part of that 35.036 acre tract as described in Clerks File No.98-0065130, in the Deed Records of Collin County, Texas, being more particularly described as follows: BEGINNING, at a%inch iron rod found at the most northerly northwest corner of said 35.036 acre tract; • THENCE, South 89°38'58"East, with the north line of said 35.036 acre tract for a distance of 543.95 feet to a '/2 inch iron rod set; • THENCE, South 00°00'00" West, departing said north line for a distance of 132.9S feet to a %2 inch iron rod set; THENCE, North 90°00'00" East, for a distance of 9.79 feet to a 'h inch iron rod set; • THENCE, South 00°00'00" West, for a distance of 172.50 feet to a %2 inch iron rod set; THENCE,North 90°00'00"East, for a distance of 994.00 feet to a '/2 inch iron rod set, being in the east line of said 35.036 acre tract; • -THENCE, South 00°00'00" West, with said east line for a distance of 647.50 feet to a %2 inch iron rod set, being the southeast corner of said 35.036 acre tract; • THENCE, South 90°00'00" West, with the south line of said 3.5.036 acre tract, for a distance of 64.46 feet to a %2 inch iron rod set at the point of curvature of a curve.to the left, having a radius of 1000.00 feet, a central angle of 18°05'24", and a tangent of 159.19 feet; • THENCE, continuing with said south line and along said curve to the left for an arc distance of 315.73 feet(Chord Bearing South 80°57'18" West-.314.42 feet), to a % inch iron rod set at the point of reverse curvature of a curve to the right, having a radius of 1000.00 feet, a central angle of 18°05'24", and a tangent of 159.19 feet; THENCE, continuing with said south line and along said curve to the right for an arc distance of 315.73 feet(Chord Bearing South 80°57'18"West-314.42 feet), to a %z inch iron rod set at the point of tangency; • THENCE, South 90°00'00" West, continuing with said south line for a distance of 356.09 feet to a ''/2 inch iron rod set, said point being in an east line of Twin Lakes Subdivision Phase I, an addition to the City of Wylie, as'described in Volume G, Page 561, in the Map Records of Collin County, Texas; THENCE,North 00°00'00" East, with said east line for a distance of 50.00 feet to a '/2 inch iron rod found at the most northerly northeast corner of said Phase I, being an interior ell corner of said 35.036 acre tract and being in the north line of Alanis Drive(100' R.O.W.); THENCE, South 90°00'00" West, with the north lines of Alanis Drive and said Phase I, being the south line of said 35.036 acre tract, for a distance of 960.00.feet to a '/2 inch iron rod found; • THENCE, North 00°00'00"East, departing the north line of Alanis Drive and with the west line of said 35.036 acre tract, fora distance of 541.81 feet to.a '/_I inch iron rod found at the most westerly • THENCE, North 89°57'40" East, with the most westerly north line of said 35.036 are tract for a distance of447.99 feet to a % inch iron rod found at an interior ell corner of said 35.036 acre tract; THENCE, North 00°43'28" East, with the most northerly west line of said 35.036 acre tract for a distance of 463.09 feet to the POINT OF BEGINNING and containing 34.639 acres of land. SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that I prepared this final plat and the field notes from an actual and accurate survey of the land, that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the subdivison Regulations of the City of Wylie, Texas. of r • *Aro *_rei 0+9 WARREN L. CORWIN • R.P.L.S. No. 4621 ` ~� Sl1�V��4 THE STATE AS § COUNTY OF COLLIN § Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared WARREN L. CORWIN, known to me to be.the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purpose and consideration therein expressed. Given under my hand and seal of office, this 4 day of 1999. FeS'Fatcfo gAWASARo A,c, ; OTAR PUBLIC, STA OF TEXAS Exhibit "B" SECTION 6 - PARTICIPATION AND ESCROW POLICIES 6.01 Participation Policies • A. City's Share of Improvement Costs The City shall participate in the costs of public improvements which are not for the primary benefit of the development and which have been oversized to serve developments other than for which the plant has been submitted for approval, only to the extent and according to the standards stated in this article and pursuant to the procedures herein set forth and only if an Improvement Agreement is entered into between the City and owner as provided in these regulations which conforms to the requirements of Section 252.021, .041, .042, .043, and .049 of the Local Government Code, as amended. P. Owner's Responsibility (1) The property owner shall be responsible for the entire costs of designing and . installing all public improvements which primarily serve the subdivision or addition. Facilities required by these regulations,unless listed in Section 6.2, shall be considered as primarily serving the subdivision or addition unless otherwise determined by the City. • (2) The property owner shall also be responsible for its share of the costs of oversized • or off-site public improvements needed to assure adequacy of public facilities and services for the addition or subdivision,subject to participation and escrowpolicies • contained in this article. • • (3) The property owner shall be responsible for extending streets, water, sewer or drainage facilities off-site.to his property as required by the Commission and/or required to ensure adequacy of public facilities. • (4) Should the subdivision or addition abut an existing water or sanitary sewer Line installed by someone other than the City, the owner shall pay to the City a "Developers Liability" charge to be refunded to the original installer of the line,as prescribed in the Pro-Rata Ordinance of the City. 5 Should a lift station, either temporary or permanent, be necessary to provide a . ( ) sanitary sewer service to the subdivision or addition, the property owner shall construct the station and all appurtenances, at his own expense. If and when the lift station is no longer needed, the installation will, unless other provisions are made, remain the property of the City of Wylie for reuse or disposal. A "Developers Liability charge for such lift stations and appurtenances may be established as prescribed in the Pro-Rata Ordinance of the City. 6.02 Facilities Eligible for City Participation The City shall participate in the costs of installing public improvements according to the following schedule: A- The City shall reimburse the property owner or developer for 100% of the following costs: • (1) Costs of paving streets and thoroughfares for the portion of the width of pavement exceeding thirty-seven (37) feet for internal streets and eighteen and one-half (18.5) feet(per side) for divided thoroughfares. Costs include those for pavement, lime stabilization and excavation to a depth equal to the distance from the top of the curb to the top of stabilized subgrade for that width of street paving wider than thirty-seven (37) feet or eighteen and one-half(18.5) feet on each side in the case of a divided thoroughfare. • (2) Paving costs for streets and thoroughfares for that portion of the require paving thickness exceeding eight (8) inches. (3) The costs of left-turn lanes and median openings on Type "D" or wider thoroughfares intersecting Type D or wider thoroughfares. (4) Costs of the portion of grade-separated intersections which require paving in excess of thirty-seven (37) feet in width (18.5 feet per side). (5) Costs of installing conduit for street lights and traffic signals along Type "D" or wider thoroughfares. • (6) A portion of the costs of all water or sanitary sewer pipelines larger than twelve (12) inches, subject to the provisions of the City's pro-rata ordinance. City participation shall be based upon the difference in cost between a standard twelve (12) inch diameter pipeline and the size pipeline actually installed, inc for ing embedment, manholes, special fittings and other appurtenances complete sanitary sewer pipeline installation. -51 B. The City shall reimburse the property owner or developer twenty-five percent (25%) of the following costs: (1) Street crossings (bridges or culverts), for residential developments, with an opening larger than that of a double seventy-two (72) inch pipe culvert. The cost of*the structure shall be based on a standard, basic culvert or bridge including rip-rap, if required by the City Engineer, for erosion control. (2) That portion of storm sewers,for residential developments,exceeding seventy-two (72) inches in diameter. (3) The costs of constructing a pilot channel lining, for residential developments, if approved by the City Engineer pursuant to Section 5.5. (4) Costs of constructing railroad crossings and signals, which are charged b the Railroad Company. The remaining seventy-five percent ot the intersection of the hall be borne equally by the owners of the four quad street and the railroad. C. The City shall reimburse the property owner or developer ten percent (10%) of the following costs: (1) Street crossings (bridges or culverts), for non-residential deveelopmentsrt. �e cth os opening larger than that of a double seventy-twobasic) inch culvert or bridge including of the structure shall be based on a standard, • rip-rap, if needed, for erosion control. (2) That portion of storm sewers,for non-residential developments,exceeding double seventy-two (72) inches in diameter. (3) The costs of constructing a pilot channel lining, for non-residential developments, if approved by the City Engineer pursuant to Section 5.5. 6.03 Limitation and Exceptions Notwithstanding Section 6.2, the City shall not participate in the following costs: portions Those of the costs of any public improvements not expressly described in Section 6.2. B. Costs of clearingand grubbing for streets and thoroughfares, and preparation of ROW. -52- C. Costs of constructing streets built wider than called for in the Thoroughfare Plan. D. Costs of lights, decorative finishes or other similar expenses, unless required by the City Engineer. E. Costs oEpipe headwalls,regardless of pipe size, or the costs of retention/detention ponds or slope protection, except rip-rap under a bridge. F. When reimbursing the property owner or developer pursuant to this Section, the City of Wylie shall pay a maximum of 6% of the City's participation cost for engineering fees, which includes surveying, construction staking and supervision, and the City shall not be responsible for any other incidental expenses or costs. 6.04 Procedures for City Participation A. Definitions For purposes of Section 6, the following terms shall have the following meanings: (1) nti -n : The term "contiguous" shall mean that the reimbursable improvements are within the boundaries of, or abutting the perimeter of, a developed subdivision or addition. (2) fl ,Inn d S ih ivicLQ' or Add'-tin: Property for which a final plat has been d for record in the county in which the property is located, and the public improvements required by the City have been installed by the property owner and have been accepted by the City. B. Application for Participation . In or der to initiate a reimbursement request, the Owner must establish a front foot oversize cost for the reimbursable public improvements. Requests r reim urs emont ent i to the Subdivider of cost of oversized public dedicated f the Subdivider's name and mailing address. The request must include as-built draw final ings shoving the reimbursable items, a copy of the Contractor's bid for co nstruction,payment with quantities and unit costs,oversize calculations for all reimbursement items, and a project location map. • C. Precondition to Processing Request Participation ion requests will be processed after the public improvements are accepted by the City. Reimbursement requests for on-site oversizing will be processed in heorder of their receipt and subject to City Council approval as appropriate. Requests e q -53- EXHIBIT "C" "Project Costs" Excavation Item Description Qty. Unit Cost/Unit Total Dev. 1 Clearing & Grubbing - Developer 1.35 ACRE $ 700.00 $ 945.00 2 Clearing & Grubbing-City 0 ACRE $ 700.00 3 Excavation - Developer 2796 CY $ 1.55 $ 4,333.80 4 Excavation -City 0 CY $ 1.55 To a s $ 5,278.80 Paving Item Description Qty. Unit Cost/Unit Total Dev. 1 8"3500 psi Reinf. Conc. Pvmt. - Developer 3,338 SY $ 23.41 $ 78,142.58 2 Subgrade Preparation - Developer 3,604 SY $ 1.40 $ 5,045.60 3 Lime 30#/SY- Developer 54 TONS $ 94.00 $ 5,076.00 4 Install Barricade- Developer 25 LF $ 35.00 $ 875.00 5 Concrete Header- Developer 25 LF $ 10.00 $ 250.00 6 Connect to Existing Pvmt. - Developer 23 LF $ 8.00 $ 184.00 Totals $ 89,573.18 Grand Total $ 94,851.98 Zena Development Page 1 10/29/2001 EXHIBIT "D" "Project Costs" Paving Item Description Qty. Unit Cost/Unit Total 1 8"3500 psi Reinf. Conc. Pvmt. -City 923 SY $ 23.41 $ 21,607.43 2 Subgrade Preparation -City 1055 SY $ 1.40 $ 1,477.00 3 Lime 30#/SY- City 16 TONS $ 94.00 $ 1,504.00 Totals $ 24,588.43 Zena Development Page 1 10/29/2001 WYLIE CITY COUNCIL AGENDA ITEM NO. it . March 25, 2002 Issue Consider and act upon a Resolution authorizing the retention of consultants for independent analysis of the TXU Gas rate filing, and suspending the proposed effective date of the rates. Background On March 1, 2002 TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service within the North Texas Metroplex Distribution System and the Dallas Distribution system. These distribution systems include cities on the attached list. The change proposed would increase current rates by $33.9 million in the North Texas Metroplex Distribution System. The Resolution authorizes the City to participate jointly with other cities in the distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. In order to do this, the Resolution also suspends the proposed effective date of the rate change for an additional 90 days. Costs of participation are reimbursable to the City at the end of the case. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Resolution Attachments North Texas Metroplex Distribution Cities Resolution ir / // ‘ .L,1J / Prepare Revie gr by Finance City ana proval THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM INCLUDES: Addison Forest Hill North Richland Hills Allen Fort Worth Northlake Anna Frisco Ovilla Argyle Garland Pantego Arlington Glenn Heights Parker Aubrey Grand Prairie Pilot Point Azle Grapevine Plano Balch Springs Haltom City Ponder Bedford Haslet Princeton Benbrook Heath Prosper Blue Mound Hickory Creek Richardson Blue Ridge Highland Village Richland Hills Burleson Hurst River Oaks Carrollton Hutchins Roanoke Cedar Hill Irving Rockwall Celina Josephine Rowlett Colleyville Justin Royse City Coppell Keller Sachse Copper Canyon Kennedale Saginaw Corinth Krum Sanger Corral City Lake Dallas Sansom Park Village Cross Roads Lake Worth Seagoville Crowley Lakeside Shady Shores Dalworthington Gardens Lancaster Southiake Denton Lavon Sunnyvale DeSoto Lewisville The Colony Double Oak Lincoln Park Trophy Club Duncanville Little Elm Watauga Edgecliff Village Mansfield Westlake Euless Marshall Creek Westminster Everman McKinney Westover Hills Fairview Melissa Westworth Village Farmers Branch Mesquite White Settlement Farmersville Mobile City Wilmer Fate Murphy Wylie Flower Mound Nevada WYLIE CITY COUNCIL AGENDA ITEM NO. 5 . March 25, 2002 Issue Consider and act upon a Resolution authorizing the Mayor to enter into an Interlocal Agreement with Collin,Dallas and Rockwall Counties granting the City of Wylie exclusive jurisdiction to regulate all subdivision plats and approve all related permits within the Extraterritorial Jurisdiction of these Counties. Background House Bill 1445,enacted by the State Legislature on September 1,2001,requires that municipalities and counties enter into a written agreement that identifies the governmental entity or entities authorized to regulate subdivision plats and related permits within the municipality's extraterritorial jurisdiction(ETJ). The purpose ofthe legislation is generally to eliminate redundancies and conflicts in the control of land subdivision by establishing a single point of governmental contact and responsibility. The agreement may grant exclusive authority to either the city or county or may provide for joint City-County authority. The City of Wylie has previously established extraterritorial jurisdiction agreements with various municipalities for subdivision control within adjacent portions of the unincorporated counties. These agreements must now be transferred and reestablished with the appropriate county for compliance with H.B. 1445. Each of the counties in which the City has extraterritorial jurisdiction,has agreed to grant exclusive authority to the City. Under the new agreements, the City of Wylie will be granted exclusive authority to administer the subdivision of lands within the City's extraterritorial jurisdiction of the unincorporated county. Individual interagency agreements must be approved with the Counties of Collin, Dallas and Rockwall. Under these agreements, all future platting within the ETJ of these Counties will be reviewed and approved by the City of Wylie alone. The attached resolution(s) authorizes the Mayor to execute such agreements for subdivision responsibility within Wylie's extraterritorial jurisdiction. Other Considerations The Interlocal Coop ertion Act enables local governments to contract with other agencies for the performance of governmental functions and services. Section 242.001 of the Local Government Code, incorporating the provisions of H.B. 1445, requires the City and County to enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats within the ETJ of the City. Financial Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of the Interlocal Agreements with Collin,Dallas and Rockwall Counties, providing exclusive authority to the City of Wylie to regulate subdivision plats within the ETJ. Attachments Interlocal Agreements Prepared by Revie by Finance City a royal STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § CITY-COUNTY PLAT APPROVAL AGREEMENT (Exclusive City Control) That this Agreement is entered into by and between the County of Collin, Texas ("County") and the City of Wylie, Texas ("City"), in accordance with the provisions of House Bill 1445 ("H.B. 1445"), passed by the 77th Legislature of the State of Texas, and is to witness the following: WHEREAS, County is operating under Sections 232.001-232.005 of the Local Government Code; and WHEREAS, County does not contain extraterritorial jurisdiction of a municipality with a population of 1.9 million or more and is not within fifty miles of an international border and is not subject to Subchapter C, Chapter 232; and WHEREAS, City is a home rule city of Collin County, Texas, which has extraterritorial jurisdiction ("ETJ") under the provisions of Chapter 42, Local Government Code; and WHEREAS, House Bill 1445, effective September 1, 2001, as Section 242.001, Local Government Code, was enacted to require City and County to enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ of the City; NOW, THEREFORE, for and in consideration of the mutual promises and considerations herein expressed, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereto agree as follows: 1. City Granted Exclusive Jurisdiction. The parties agree that City shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in its ETJ in accordance with Chapter 212 of the Local Government Code, its adopted Subdivision Regulations or other applicable codes or ordinances, and County shall no longer exercise any of these functions in the City's ETJ. 2. One Office for Plat Applications, Fee Payments and Responses. Pursuant to this Agreement, the City Secretary or his/her designee is authorized to accept plat applications for tracts of land located in the ETJ of the City, to collect plat application fees established by law, and provide applicants one response indicating approval or denial of the plat application by the appropriate approving authority. INTERLOCAL AGREEMENT FOR ETJ Page 1 3. Consolidated Regulations. That the Subdivision Regulations of the City are hereby established as a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapters 212 and 232 of the Local Government Code, and will be enforced in the ETJ of the City. 4. Areas Outside ETJ. In an unincorporated area outside the ETJ of the City, the City may not regulate subdivisions or approve the filing of plats, and the County retains jurisdiction to do so. Should the City expand or reduce its ETJ, City shall promptly notify County of such expansion or reduction. City and County agree that such an expansion or reduction shall not require amendment of this Agreement, and the City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in its ETJ, and the County shall continue to have jurisdiction of areas outside the City's ETJ. 5. Costs. All costs involved with the approval of subdivision plats under this Agreement shall be borne by the City and payable out of current revenues available to it. All fees collected by the City will be the property of the City. 6. Periodic Review. This Agreement may be reviewed periodically and revised to address changed circumstances. This Agreement may only be modified or amended by a subsequent Agreement in writing between the same parties. Miscellaneous Provisions. 7. This Agreement shall not constitute an Agreement for the provision of governmental functions or services by either party for the other, except for the specific subject matter hereof. 8. All notices required to be given by virtue of this Agreement shall be addressed as follows and delivered by certified mail, postage prepaid, or by hand delivery: City of Wylie Planning Dept. Collin County Engineering Dept. Municipal Complex 825 N. McDonald St., #160 2000 Highway 78 North McKinney, Texas 75069 Wylie, Texas 75098 9. In the event any section, subsection, paragraph, sentence, phrase or work of this Agreement shall be held invalid, illegal or unconstitutional, the balance of the Agreement shall be severable, and shall be enforced as if the parties intended to delete the invalid portion. INTERLOCAL AGREEMENT FOR ETJ Page 2 10. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District of Collin County, Texas. This Agreement is performable in Collin County, Texas. 11. This Agreement may be executed in identical counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. This Agreement embodies the complete agreement of the parties hereto, superceding all prior or contemporaneous, oral or written agreements between the parties relating to the subject matter hereof. 13. All Recitals contained in this Agreement are incorporated herein by reference for all purposes and specifically found to be true and correct by the parties hereto. 14. The undersigned officers of the parties hereto have been duly authorized by appropriate legislative action of their respective governing bodies to execute this Agreement and bind the represented party to the terms hereof. 15. This Agreement is not intended to and does not extend the liability of the parties beyond that provided by law. Neither the City nor the county waives any immunity or defense that would otherwise be available to it against claims by third parties. The City and County are not entering into a joint enterprise. 16. All rights, orders, approvals, permits, and legal or administrative proceedings, with regard to a subdivision plat of property in the ETJ of the City in existence at the effective date of this Agreement shall continue until consummation. This Agreement shall become effective on the day of , 2002. City of Wylie, Texas Collin County, Texas By: By: Name: Name: Title: Title: ATTEST: ATTEST: City Secretary Secretary Date: , 2002 Date: , 2002 INTERLOCAL AGREEMENT FOR ETJ Page 3 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § CITY-COUNTY PLAT APPROVAL AGREEMENT (Exclusive City Control) That this Agreement is entered into by and between the County of Collin, Texas ("County") and the City of Wylie, Texas ("City"), in accordance with the provisions of House Bill 1445 ("H.B. 1445"), passed by the 77th Legislature of the State of Texas, and is to witness the following: WHEREAS, County is operating under Sections 232.001-232.005 of the Local Government Code; and WHEREAS, County does not contain extraterritorial jurisdiction of a municipality with a population of 1.9 million or more and is not within fifty miles of an international border and is not subject to Subchapter C, Chapter 232;and WHEREAS, City is a home rule city of Collin County, Texas, which has extraterritorial jurisdiction ("ETJ") under the provisions of Chapter 42, Local Government Code; and WHEREAS, House Bill 1445, effective September 1, 2001, as Section 242.001, Local Government Code, was enacted to require City and County to enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ of the City; NOW, THEREFORE, for and in consideration of the mutual promises and considerations herein expressed, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereto agree as follows: 1. City Granted Exclusive Jurisdiction. The parties agree that City shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in its ETJ in accordance with Chapter 212 of the Local Government Code, its adopted Subdivision Regulations or other applicable codes or ordinances, and County shall no longer exercise any of these functions in the City's ETJ. 2. One Office for Plat Applications, Fee Payments and Responses. Pursuant to this Agreement, the City Secretary or his/her designee is authorized to accept plat applications for tracts of land located in the ETJ of the City, to collect plat application fees established by law, and provide applicants one response indicating approval or denial of the plat application by the appropriate approving authority. TATTL'D T !I!'A T A!`_D 1;L'A AZ'AT'T LYID UT'T D...._,. 1 3. Consolidated Regulations. That the Subdivision Regulations of the City are hereby established as a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapters 212 and 232 of the Local Government Code, and will be enforced in the ETJ of the City. 4. Areas Outside ETJ. In an unincorporated area outside the ETJ of the City, the City may not regulate subdivisions or approve the filing of plats, and the County retains jurisdiction to do so. Should the City expand or reduce its ETJ, City shall promptly notify County of such expansion or reduction. City and County agree that such an expansion or reduction shall not require amendment of this Agreement, and the City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in its ETJ, and the County shall continue to have jurisdiction of areas outside the City's ETJ. 5. Costs. All costs involved with the approval of subdivision plats under this Agreement shall be borne by the City and payable out of current revenues available to it. All fees collected by the City will be the property of the City. 6. Periodic Review. This Agreement may be reviewed periodically and revised to address changed circumstances. This Agreement may only be modified or amended by a subsequent Agreement in writing between the same parties. Miscellaneous Provisions. 7. This Agreement shall not constitute an Agreement for the provision of governmental functions or services by either party for the other, except for the specific subject matter hereof. 8. All notices required to be given by virtue of this Agreement shall be addressed as follows and delivered by certified mail, postage prepaid, or by hand delivery: City of Wylie Planning Dept. Collin County Engineering Dept. Municipal Complex 825 N. McDonald St., #160 2000 Highway 78 North McKinney, Texas 75069 Wylie, Texas 75098 9. In the event any section, subsection,paragraph, sentence,phrase or work of this Agreement shall be held invalid, illegal or unconstitutional, the balance of the Agreement shall be severable, and shall be enforced as if the parties intended to delete the invalid portion. r vrLDT nrnr A!ID ICU A1CATT LCD L'ri ,. 10. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District of Collin County, Texas. This Agreement is performable in Collin County, Texas. 11. This Agreement may be executed in identical counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. This Agreement embodies the complete agreement of the parties hereto, superceding all prior or contemporaneous, oral or written agreements between the parties relating to the subject matter hereof 13. All Recitals contained in this Agreement are incorporated herein by reference for all purposes and specifically found to be true and correct by the parties hereto. 14. The undersigned officers of the parties hereto have been duly authorized by appropriate legislative action of their respective governing bodies to execute this Agreement and bind the represented party to the terms hereof 15. This Agreement is not intended to and does not extend the liability of the parties beyond that provided by law. Neither the City nor the county waives any immunity or defense that would otherwise be available to it against claims by third parties. The City and County are not entering into a joint enterprise. 16. All rights, orders, approvals,permits, and legal or administrative proceedings, with regard to a subdivision plat of property in the ETJ of the City in existence at the effective date of this Agreement shall continue until consummation. This Agreement shall become effective on the day of , 2002. City of Wylie, Texas Collin County, Texas By: By: Name: Name: Title: Title: ATTEST: ATTEST: City Secretary Secretary Date: , 2002 Date: , 2002 7ATTCDT flf1AT A!ID L'L'1►AL'ATT L' \D L'TT n..,_.. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF INTERLOCAL AGREEMENTS BETWEEN THE CITY OF WYLIE AND THE COUNTIES OF COLLIN, DALLAS AND ROCKWALL, TEXAS, PROVIDING FOR EXCLUSIVE CITY CONTROL OF SUBDIVISION REGULATIONS IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT AND ANY RELATED DOCUMENTS NECESSARY TO CARRY OUT ITS PURPOSE AND INTENT; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 242.001 of Texas Local Government Code was enacted to require cities and counties to enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related pein its in the Extraterritorial Jurisdiction of the city; and WHEREAS, the Wylie City Council has been presented a proposed Interlocal Cooperation Agreement by Collin, Dallas and Rockwall Counties, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement"); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS AS FOLLOWS: SECTION 1. The terms and conditions of the Agreement attached hereto as Exhibit A entitled "City County Plat Approval Agreement (Exclusive City Control)"are approved. SECTION 2. The boundaries of the City's Extraterritorial Jurisdiction are as illustrated on hereto attached map as Exhibit B. SECTION 3. The Mayor of the City is designated and authorized to execute the Agreement and all other documents necessary in connection thereof on behalf of the City, in order to carry out the intent and purposes of the Agreement. SECTION 4. It is the intent of the City Council that each paragraph, sentence, subdivision, clause, phrase or section of this Resolution and the Interlocal Agreement attached hereto be deemed severable, and should any paragraph, sentence, subdivision, clause, phrase or section be declared invalid or unconstitutional for any reason, such declaration of invalidity or unconstitutionality shall not be construed to effect the validity of those provisions of this Resolution and its attachment left standing. DLr!AT TVTITXTu n, ., 1 DULY RESOLVED by the City Council of the City of Wylie, Texas on this the day of , 2002. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney D C CC4TTrrTniru n.,.. `VYLIE CITY COUNCIL AGENDA ITEM NO. to . March 25, 2002 Issue Consider and act upon a Final Plat for the LGD Properties Townhomes,being a certain 1.2388 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820, and being part of Block 3 of the unrecorded Russell Addition,and being part of Lot 39,Block 8,ofthe Brown and Burns Addition to the City of Wylie, Collin County, Texas, according to the Plat thereof recorded in Volume 1, Page 110-112 ofthe Map Records of Collin County,Texas, and being a tract of land conveyed to Marion M. McDonald by deed recorded in Volume 205, Page 653, and being a tract of land conveyed to D&M Check Cashing by deed recorded in County Clerk's File No. 95-0008356 ofthe Deed Records of Collin County, Texas. Background The Final Plat for the LGD Properties Townhouses includes 1.2388 acres and will create eleven(11) single-family dwellings constructed as zero- lot-line duplexes with each dwelling occupying an individual platted lot. This Plat is a Replat of Lots 1 and 2A,Block 3 of the Russell No. 1 Addition and Lots 39A and 39D of the Brown and Burns Addition. A Preliminary Plat for the subject property was approved by the City Council on January 22, 2002. The subject property was rezoned to Townhouse District(TH)from Single Family Residential(SF-2) by the Council on September 11,2001. On February 26,2002 City Council revised requirements of the TH District lot and dwelling sizes. This Plat reflects the new revisions. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period." Financial Considerations Plat application fees—Paid Other Considerations The Final Plat conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie. Board/Commission Recommendation At the March 5, 2002, Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Revie by Finance City Manager r a