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06-25-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, JUNE 25, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 :>:;>::>':,:;;:>.;,,:>,:>::;>::>'.,<»>:;»„»<:::.::•>:•;:.;:.;::.;::::::::::::::::::::::::::: :::::::::: :::::::: .................................................................. Action Taken >:O `:;:. ......................................::::.::::::::::.::::::.::::.: • Administer Oath of Office to newly appointed and reappointed Board and Commission Members. *Atat•it4illit: ? .:> *Ilt Ib.-`.>s:..a!` :: E.bra e :.#fit::: ::. :; . _...._.-.........iWithOtiftellowtetheetoiOtotftoditiftbililbtomillgftilmooratolyammommognummom A. Approval of the Minutes from the Public Hearing of June 10 and Regular Meeting of June 11. B. Consider and act upon approval of a Replat for Lot 5R, Block A, Century Business Park Addition, being a Replat of Lot 1A, Block A of Century Business Park according to the plat recorded in Volume N,Page 349 of the Map Records of Collin County, Texas, and Lot 5, Block A of Century Business Park according to the plat recorded in Volume J, Page 692 of the Map Records of Collin County, Texas, and being a certain 5.043 acre tract of land situated in the Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin County, Texas. 1. Consider and act upon an agreement with D.R. Horton, Inc. for reimbursement through impact fees for the oversizing of a sewer line to serve the Riverchase development. Executive Summary The Riverchase development is located generally north of McMillen Road and west of FM 1378 directly across from the Newport Harbor development. D.R.Horton installed approximately 2,700 linear feet of 21"gravity sewer line to serve the development. The sewer line is shown on the City's sewer master plan and ties into the existing sewer line located south of McMillen Road. The proposed agreement allows the developer to receive reimbursement through impact fees for the oversizing of the sewer line, which is the difference in cost from a 12-inch to a 21-inch sewer line. The sewer line is identified on the City's Capital Improvements Plan and included in the current impact fee calculation. Easement, surveying and inspection cost are not reimbursable to the developer per this agreement. The cost of the 21-inch offsite sewer line is $202,943.00 and the cost of a 12-inch offsite sewer line is$75,404.00. The credit due to D.R.Horton is$127,539.00. 2. Consider and act upon approval of a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purposes of improving playground facilities at Community Park and for installation of facilities adjacent to Birmingham Elementary School. Executive Summary The 1998 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. A total of$1.3 million dollars are currently available. Two separate grant applications are being developed by staff. One proposed grant application would be for the improvement of Community Park, located at 800 Thomas, and the other is for the improvement of parkland adjacent to Birmingham Elementary School, located at 700 West Brown Street. The grant is generally set up as a reimbursement program;however,direct payment may be considered by the County under special circumstances. For the Birmingham location,the City's match will be covered by the value of the land which is approximately$30,000 per acre and a minimum park size of at least 4 acres for a total match of at least $120,000.Additional matching funds for the Birmingham site will be made available through the participation of the Wylie Independent School District(WISD)through a Parent Teachers Association(PTA)affiliated with Birmingham Elementary School. The WISD's participation is approximately$15,000. Their letter of commitment will be submitted with the grant request. For the Community Park location, the City's match will be a combination of in-kind contributions of labor, equipment,and materials. The exact amount of matching funds required for City participation is currently being determined as staff is in the process of finalizing a proposed project budget. It is anticipated that the City's matching fund commitment will be approximately$50,000 and that there is sufficient funding in the 4B Reserve Fund and/or parkland dedication funds for expenditures. These sources would be reimbursed as funds are received from the County. 3. Consider and act upon a Resolution denying TXU Gas Distribution's request to change rates in the North Texas Metroplex Distribution System. Executive Summary 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. On March 25, the City Council approved a Resolution authorizing 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 suspended the proposed effective date of the rate change for an additional 90 days to July 5. On May 29 the member cities of the coalition voted to urge cities to deny the request, unless a settlement could be negotiated. Settlement negotiations began on June 3 and are continuing. However, because the effective date of the rate change is approaching, the attorney representing and advising the coalition has recommended that cities place the Resolution on Council's agenda for the last meeting in June. If a settlement agreement is reached, TXU will extend the effective date. The cities of Garland, Arlington and Sachse have already approved resolutions denying the rate increase, with many other cities scheduled to do the same. TXU has contacted the cities individually and offered compromises to the originally requested rates. The attached letter from the TXU representative outlines the proposal which compares the original rate request and the proposed request. If the Council chooses to deny the Resolution and accept the settlement, TXU will extend the deadline for city action. vsxoutaorawiNmeEsgirtteiweonatArogomsviaozrcoasarountav 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.Wvlie.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 MINUTES Wylie City Council Monday, June 10, 2002 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present: Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy was absent, Mayor Pro Tern Worley presided. Staff Present: Anthony Johnson, City Manager; Brady Snellgrove, Finance Director; Chris Hoisted, City Engineer; Claude Thompson, City Planner and Barbara Salinas, City Secretary. Councilman Hogue provided the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. 1. Hold the first of two Public Hearings for the annexation of 34.036 acres out of the A.Atterberry Survey, Collin County,Texas; and generally located west of F.M.544. Mr. Claude Thompson addressed this item providing Council with a brief background on the request and outlining the procedure for annexation. The Mayor Pro Tern then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record, limiting their comments to three minutes. With no response,the Mayor Pro Tem then closed the Public Hearing. 2. Hold the first of two Public Hearings for the annexation of 1.5 acres out of the Francisco de la Pina Survey,Collin County,Texas; generally located west of Eubanks Street,north of Hwy 78. Mr. Claude Thompson addressed this item providing Council with a brief background on the request and outlining the procedure for annexation. The Mayor Pro Tem then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record, limiting their comments to three minutes. With no response,the Mayor Pro Tem then closed the Public Hearing. There was no response for Citizens Participation. With no further business to come before the Council,the meeting was adjourned at 6:06 p.m. J. C.Worley,Mayor Pro Tem ATTEST: Barbara Salinas City Secretary Minutes of April 11,2000 Wylie City Council Page 1 MINUTES Wylie City Council Tuesday, June 11, 2002 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North ::::::......:...:::::.:...::....:::.....:::.. .. 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; Claude Thompson, City Planner and Barbara Salinas, City Secretary. Councilman Hogue provided the Invocation and Councilman Young was asked to lead the Pledge of Allegiance. Mr. Ronnie Housewright Mr. Housewright asked Council's consideration and solution to his situation with regard to property access to his home as well as three of his neighbors. Mr. Housewright stated that there is currently constant curbing with no cut out to his driveway. He stated that he has an asphalt ramp only. Mr. Housewright stated that he has visited with city staff and developers with no resolve. The City Manager stated that staff would investigate and be in contact with him. CON:,:,.:,..:: :,.;.,::::::,..::.:.::;>'> > ==>>> >EREEN>€€€I €' >> ' '=:>> > '>=>>> ><=>:>>> '='<=>=>< >< ::::>::><:>:>::>::::==<===:<::::::::::::::> Altolate tamed under the Co.O Aida are elr eyed tea be.r e.b *t1w Cit Cl .e >.and:::w ::be kii:::::::: ::. .:�::::::�...............:::::::::::::::::::::::::::::::::::::::::::................::��cat�::_ts::: �d mi:. m rv..e.ititt a:: e: :A -- :: ril#w:sgt asrde ::: . <::::::>::>::»>:<:;::::>::>::»::;:::;;;;,;;,;;;;;,;;;;;,>;:.;;:-::-::-;;:.;:.;:. A. Consider and act upon a Final Plat for the SFS Addition,being a certain 5.73 acre tract of land generally located west of Sanden Boulevard and north of State Highway 78, being part of Tract B and part of Tract E conveyed to the F.O. Birmingham Memorial Land Trust according to a deed recorded in County Clerk's File No. 92-0091825, Land Records of Collin County, Texas, and being situated in the Duke Strickland Survey,Abstract No.841,City of Wylie,Collin County,Texas. B. Consider and act upon a Final Plat for the Bariatric Care Center Addition, being a certain 20.01 acre tract of land generally located south of State Highway 78 and south of Kirby Street (F.M. 544), being part of a tract conveyed in HCW,Inc. by deed recorded in Volume 1425,Page 300,and all of that tract in Volume 3057,Page 943 of the Deed Records of Collin County, Texas, and being situated in the E.C. Davidson Survey,Abstract No. 217,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Pheasant Creek Phase I Addition, being a certain 48.726 acre tract of land generally located northeast of County Line Road and west of Troy Road, being part of a 117.149 acre tract conveyed to Leo Wiman by deed recorded in Volume 3166,Page 632 of the Deed Records of Collin County, Texas, and being situated in the N. Atterberry Survey, Abstract No. 6 and the L.B. Outlaw Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas. Minutes of June 11,2002 Wylie City Council Page 1 D. Consider and act upon a Final Plat for the Pheasant Creek Phase H Addition, being a certain 42.911 acre tract of land generally located northeast of County Line Road and west of Troy Road, being part of a 117.149 acre tract conveyed to Leo Wiman by deed recorded in Volume 3166,Page 632 of the Deed Records of Collin County, Texas, and being situated in the N. Atterberry Survey,Abstract No. 1099 in Collin County, the N. Atterberry Survey, Abstract No. 6 in Rockwall County, and the L.B. Outlaw Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas. E. Consider and act upon a Preliminary Plat for the Avalon Addition, being a certain 70.593 acre tract of land generally located south of Brown Street and west of Kreymer Lane (C.R 432), being part of a called 77.14 tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. F. Consider and act upon a Preliminary Plat for the Wylie Junior High School Addition, being a certain 48.643 acre tract of land within the Extraterritorial Jurisdiction of the City of Wylie, Collin County, Texas,generally located east of Country Club Road(F.M. 1378)and south of the Quail Creek Addition, being all of that tract conveyed to the Wylie Independent School District described by deed recorded in Volume 5098,Page 1750 of the Deed Records of Collin County, Texas, and being situated in the Mercer Phalen Survey,Abstract No.695,Collin County,Texas. Mayor Pro Tern Worley abstained from the vote and completed the required affidavit stating conflict of interest. Councilman Scott made a motion, seconded by Councilman Young to approve Consent Agenda Items A-F. A vote was taken and the motion was approved, 5-0. Mayor Pro Tern Worley abstaining and Mayor Mondy absent. Board Appointments ::. .:::::.................................................................................................. ...................................... ........................................ 1. Consider and act upon appointments to the Ambulance Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Zoning Board of Adjustments and the Wylie Economic Development Corporation for those whose terms expire in July of 2002. Councilwoman Reta Allen made a motion, seconded by 0 to nominate for reappointment to the Ambulance Board, Mr. Randle Henry, Mr. Kenneth Quisenberry and Mr. Warner Washington. A vote was taken and the motion was approved unanimously, 6-0. Councilman Hogue made a motion, seconded by Councilman Trout to nominate for appointment to the Construction Code Board Mr. Jess Calhoun, replacing Erick Gray; Mr. William Jowers replacinig Mr. Bradley Heflin and Mr.Frankie Delgado replacing Mr. Anthony McElroy. A vote was taken and the motion was approved unanimously, 6-0 Councilman Trout made a motion, seconded by Councilman Young to nominate for reappointment to the Library Board Ms. Liz Allen, Ms. Grace Morrison and Mr. Adrian Sanchez. A vote was taken and the motion was approved unanimously, 6-0. Councilwoman Allen made a motion, seconded by Councilman Trout to nominate for appointment to the Parks and Recreation Board Ms. Anne Hiney and Ms. Lisa Williams and for the appointment of Mr. Eugene Gamer to replace Mr. Steven Boyd; Mr. David Willey to replace Mr. Greg Zimmerman and Mr. Ivan Holmes to fill the unexpired term of Ms. Ceca Repasky. A vote was taken and the motion was approved unanimously,6-0. Councilman Hogue made a motion,seconded by Councilman Scott to nominate for reappointment to the Parks and Recreation 4B Board,John Mondy, Chris Trout and J.C. Worley. A vote was taken and the motion was approved, 4-0. Worley, Trout abstained and Mayor Mondy absent. Minutes of June 11,2002 Wylie City Council Page 2 Councilman Trout made a motion, seconded by Councilman Hogue to nominate for reappointment to the Planning and Zoning Commission Mr.Mike Phillips,Mr.Don Hughes and Mr. Carter Porter and for the appointment of Mr. Jeff Adamcik to replace Mr. Steve Ahrens. A vote was taken and the motion was approved, 6-0. Councilwoman Reta Allen made a motion, seconded by Councilman Young to nominate for reappointment to the Zoning Board of Adjustments Mr. Marilyn Herrera, Mr. Wayne Morman and Mr. Layne LaBaron (alternate) and to appoint Mr.Eric Alexander as an alternate. A vote was taken and the motion was approved,6-0. 2. Hold the second of two Public Hearings for the annexation of 34.036 acres out of the A. Atterberry Survey,Collin County,Texas; and generally located west of F.M.544. Ms. Mindy Manson, Assistant City Manager addressed this item stating that this is the second of two public hearings regarding annexation of the above listed property and that this is a voluntary annexation submitted by the owner, William C. Collins, Jr. Should the Council approve the annexation, the property will be zoned A (agricultural) until permanent zoning is established. Ms. Manson stated that the adoption of the annexation ordinance is scheduled for the regular meeting of July 9,2002. The Mayor Pro Tern then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward, stating name and address for the record and limiting comments to three minutes. 3. Hold the second of two Public Hearings for the annexation of 1.5 acres out of the Francisco de la Pina Survey,Collin County,Texas; generally located west of Eubanks Street,north of Hwy 78. Ms. Mindy Manson, Assistant City Manager addressed this item stating that this is the the second of two public hearings regarding annexation of the above listed property. This annexation is initiated by the City of Wylie. Should the Council approve the annexation, the property will be zoned A (agricultural) until permanent zoning is established.Ms. Manson stated that the adoption of the annexation ordinance is scheduled for the regular meeting of July 9,2002. The Mayor Pro Tern then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to please come forward, stating name and address for the record and limiting comments to three minutes. Mr.Mike Bunting,635 Eubanks Mr. Bunting is the property owner and wished to describe the type of business he will be conducting on the property which included the sale of boats, parts and storage. He also asked for clarification of the existing use once he is annexed into the city,with regards to disruption or changing his business. Ms. Manson , Assistant City Manager stated that his business may continue as it exists with no changes or expansion. She stated that new construction must meet city codes, depending on the type of expansion. Ms. Manson asked that Mr. Bunting contact her directly for further concerns. With no further response,the Mayor Pro Tem then closed the Public Hearing. Discussion regarding the intent and necessity of future subcommittees. Staff and Council discussed the possibility of the formation of two specific subcommittees, a Bond Committee and a Charter Review Committee. It was determined that both committees would need to be formed as soon as possible with emphasis on the Bond Committee. Council and Staff would be provided copies of the Charter, with the last revisions,for a review to determine whether it is necessary to conduct a revision of the Charter at this time. Minutes of June 11,2002 Wylie City Council Page 3 WORKSESSION-continued With regard to the Bond Committee, Staff indicated that an action item would be placed on the agenda for the first regular meeting in July for nominations for a Bond Committee. Council members were asked to submit their nominations to the City Manager's office. ADJOURNMENT With no further business to come before the Council,the meeting was adjourned at 6:39 p.m. John Mondy,Mayor ATTEST: Barbara Salinas City Secretary Minutes of June 11,2002 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. B. June 25, 2002 Issue Consider and act upon approval of a Replat for Lot 5R,Block A,Century Business Park Addition,being a Replat of Lot 1A,Block A of Century Business Park according to the plat recorded in Volume N,Page 349 of the Map Records of Collin County, Texas, and Lot 5, Block A of Century Business Park according to the plat recorded in Volume J,Page 692 of the Map Records of Collin County,Texas,and being a certain 5.043 acre tract ofland situated in the Duke Strickland Survey,Abstract No. 841,City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create a single lot of 5.043 acres by combining two existing lots. The new lot is intended to accommodate the future expansion of the existing Buckner Boulevard Plumbing facility, currently occupying Lot 5. The Century Business Park, also creating Century Way and Alanis Lane,was originally platted in 1986. Since that date, several lots have been created by replatting as the Highway 78 Business Park. Lot 5 was replatted in 1996 and Lot lA was replatted in 2001. The current Plat, as other recent replats,redirects the name of the addition back to the original Century Business Park. The property was rezoned to the current Business Center(BC)District from Industrial(I)District with the adoption of the new Zoning Ordinance and Map in December of 2001. Existing development may continue to comply with the earlier requirements under which they were platted, but all future development must comply with the newly-adopted requirements of the Zoning Ordinance. 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 municipal authority unless it is disapproved within that time period". Financial Considerations Plat Application Fees—Paid Other Considerations 1. The Final Plat complies with all applicable technical requirements of the City of Wylie. 2. The Plat provides for a front building line of 50 feet,as required by the new Business Center zoning, rather than the 20 feet platted on the neighboring Lot 1B allowed by the earlier Industrial zoning. Any existing development on the old Lot 5 may continue to conform to the requirements in effect when they were platted and/or constructed. All new construction must conform to the recently adopted requirements of the revised Zoning Ordinance. 3. Existing drainage and utility easements bound the northwest property line as well as dissect the tract at the old common property line. No permanent construction will be allowed within these easements. Board/Commission Recommendations At the June 4, 2002 Planning and Zoning Commission meeting the Commission voted 5-0 to recommend approval of this Replat. Staff Recommendations Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Replat Prepared by Revi d y Finan a ty M er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 1 June 25, 2002 Issue Consider and act upon an agreement with D.R. Horton, Inc. for reimbursement through impact fees for the oversizing of a sewer line to serve the Riverchase development. Background The Riverchase development is located generally north of McMillen Road and west of FM 1378 directly across from the Newport Harbor development. D.R. Horton installed approximately 2,700 linear feet of 21"gravity sewer line to serve the development. The sewer line is shown on the City's sewer master plan and ties into the existing sewer line located south of McMillen Road. The proposed agreement allows the developer to receive reimbursement through impact fees for the oversizing of the sewer line,which is the difference in cost from a 12-inch to a 21-inch sewer line. The sewer line is identified on the City's Capital Improvements Plan and included in the current impact fee calculation. Easement,surveying and inspection cost are not reimbursable to the developer per this agreement. The City's Impact Fee Ordinance states: The city may agree that an owner of a new development may construct or finance the capital improvements or facility expansions,and the costs incurred or funds advanced will be credited against the impact fee otherwise due from the new development. The city may agree to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions or the owner voluntarily requests the city to reserve capacity to serve future development and the city and the owner enter into a valid written agreement. The Section 6 of the Wylie Subdivision Regulations also provide for the City's participation in construction costs which represent the over-sizing of water and sewer lines. Financial Considerations The cost of the 21-inch offsite sewer line is $202,943.00 and the cost of a 12-inch offsite sewer line is $75,404.00. The credit due to D.R.Horton is$127,539.00. Other Considerations Section 395.019(2)of the Texas Local Government Code grants the City the ability to utilize Impact Fees for reimbursement to developers for the costs incurred in the construction of capital improvements identified within the adopted Capital Improvement Plan. Board/Commission Recommendations N/A Staff Recommendations Staff recommends execution of the impact fee agreement with D.R.Horton,Inc. Attachments Impact Fee Agreement \-4-)& (Of I Prepared by Revie by Finance City Approval IMPACT FEE AGREEMENT THIS IMPACT FEE AGREEMENT (the "Agreement") is made and entered into as of this day of , 200_, by and between D.R. Horton-Texas Ltd., 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 desires to commence construction of an offsite sanitary sewer line and related improvements as described on Exhibit "A" attached hereto (the "Project") to provide sewer services to a portion of the City's Sewer Service Area; and WHEREAS, the Project is identified on Wylie's Capital Improvements Plan; and WHEREAS, Wylie is entitled to collect impact fees for sewer utilities, as described in Wylie Ordinance No. 90-10, as amended or supplemented by Wylie Ordinance Nos 93-4 and 97- 4, 2001-19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact fees(hereinafter referred to collectively as"the Impact Fee Ordinances"; WHEREAS, the Developer desires to obtain partial reimbursement of its costs of the Project by receiving a credit against sewer impact fees and/or the payment of such costs as more fully set forth herein; and WHEREAS, Wylie desires to credit against sewer impact fees and/or pay to Developer 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 136 acres of land in the William Patterson Survey, Abstract No. 716 in the City of IMPACT kLh AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 1 Wylie, Collin County, Texas and more particularly described in Exhibit `B" attached hereto and incorporated herein for all purposes(the `Developer Property"). 2. Easements for Sewer Line. Developer will provide all easements necessary for the Project in the name of the City. Developer shall be responsible for bearing the costs of such easements, without the right of reimbursement. 3. Construction of Sewer Line—Project Costs. Developer will pay for all construction costs of the Project, which include (i) a 21 inch offsite sanitary sewer line from the 'Developer Property" to just south of McMillen Road as such line location is more particularly described in Exhibit "A" attached hereto; and (ii)the costs of engineering, surveying and inspection related to the sewer line(collectively, the `Project Costs"). 4. Service Area. The Project described above is to provide sewer services to a portion of the City's Sewer Service Area. 5. Estimated Project Costs. The total Project Costs are $202,943 and that a line item listing of each cost is set forth on Exhibit "C" attached hereto. For purposes of this Agreement, City and Developer agrees that the construction costs of a 12" line in the same location as the 21"line is$75,404. 6. Reimbursement of Project Costs. Developer will receive a credit (the 'Developer's Credit") in the amount of $127,539 which is the actual Project Costs less than 12" Line Cost toward and against the sewer impact fees due from Developer's Property and/or reimbursement of such costs as follows: A. Credit Against Impact Fees: To the extend there is a Developer's Credit as of the date sewer impact fees are due from Developer's Property, then Developer shall be entitled to apply the Developer's Credit or a portion thereof towards and against the sewer IMPACT FEE AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 2 impact fees due from the Developer's Property (the "Impact Fee Credit"). The Developer's Credit shall be reduced by an amount equal to the Developer's Credit or a portion thereof that is applied against the sewer impact fees due from the Developer's Property. B. Reimbursement Payment. To the extend there is a Developer's Credit on the date the City receives Uncommitted Funds (as hereinafter defined), then the City shall promptly pay such Uncommitted Funds to Developer. For purposes of this Agreement, the term "Uncommitted Funds" means all sewer impact fees collected by the City after the date of this Agreement, except for funds that the City has(i) contracted to pay such funds, within six months from the date of the City's receipt of such funds, for the construction of improvements and related approved costs that are on the City's Capital Improvement Plan; or(ii) contracted to pay to another developer pursuant to a written reimbursement agreement for sewer improvements that was executed by the City and such developer prior to the date of this Agreement. Except for reimbursements or payments attributable to development agreements executed prior to the date of this Agreement, Wylie agrees not to pay or reimburse any other party or entity for credited impact fees before Developer is fully reimbursed. The Developer's Credit shall be reduced by an amount equal to payments made by the City to Developer pursuant to this paragraph. The Developer acknowledges that there is no specific date by which this amount is due and payable to the Developer. Developer also acknowledges that interest shall not accrue on the Developer's Credit. C. Optional Application of Reimbursement Payment as Credit Against Another Property. In the event the Developer or an affiliate or related entity of Developer owns property other than the Developer's Property within the City's Sewer Service Area, Developer shall have the option of having the Developer's Credit or a portion thereof(to the extent a Developer's IMPACT FEE AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 3 Credit has not previously been fully applied or paid) applied against the sewer impact fees due from such other property in an amount not to exceed the Developer's Credit amount, less any payments made by the City pursuant to paragraph 6B above and credits applied pursuant to paragraph 6A above. The Developer's Credit shall be reduced by an amount equal to the Developer's Credit or a portion thereof that is applied against the sewer impact fees due from such other property. 7. Capital Improvement Plan. Wylie will include the Project in the Impact Fee Capital Improvement Plan. 8. Limitations of Agreement. The parties hereto acknowledge this Agreement is limited to the obligations created by Impact Fee Ordinances or any other Ordinance created for the recovery of costs for sewer facilities only. Any other Ordinances of Wylie covering property taxes, park dedications and/or payments in lieu of dedication of land, utility rates or other impact fees are not affected for water and sewer, property taxes, dedication of land, utility rates or other impact fees are not affected by this Agreement, and Developer shall have no right to any reimbursements of any portion of any sums collected by Wylie with respect to the properties described in this Agreement pursuant to any other Ordinances, whether now existing or in the future arising. 9. Miscellaneous. A. All conveyances required by this Agreement will be in a form acceptable to Wylie and free and clear of any liens and encumbrances. B. Construction of the Project will be in accordance with the Ordinance of Wylie. IMPACT khh.AGREEMENT BETWEEN CENTEX HOMES AND CITY OF WYLIE—page 4