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04-27-1999 (City Council) Agenda Packet WYLIE CITY COUNCIL • Agenda Tuesday, April 27, 1999 7:00 p.m. • Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Presentations & Proclamations Citizens Participation Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion There will not be separate discussion of these items. If discussion is desired that item will be removed form the consent agenda and will be considered separately. Items for Individual Consideration Board Appointments 1 Consider and act upon appointment of a board of director to the North Texas Municipal Water District Board. 2. Consider and act upon appointing replacements to the Library Advisory Board for three unexpired terms. Final/Preliminary Plats & Development Plan 3. Consider and Act Upon a Final Plat for Phase I of Sage Creek , proposed by Tipton Engineering for Paramount Land Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 18.3166 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. 4. Consider and Act Upon a Preliminary Plat/Development Plan for Phase V of Sage Creek, proposed by Tipton Engineering for Paramount Land Development, for the property generally located along the east side of McCreary Road, north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 63.822 acre parcel out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Item No. Agenda Item Action Taken 5. Consider and act upon a Final Plat for Springwell Parkway, proposed by Tipton Engineering for Paramount Land Development, for the property generally located along the east side of McCreary Road, north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 1.5711 acre parcel out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Worksession • Mid Year Budget Amendments • Regional Wastewater Treatment Plant 6. Consider and act upon the approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 1999,beginning October 1, 1998, and ending September 30, 1999;repealing all conflicting ordinances, containing a severability clause; and providing for an effective date. 7. Consider and act upon the approval of a contract for the Muddy Creek Regional Wastewater System between the North Texas Municipal Water District, the City of Murphy and the City of Wylie. Staff Reports Adjournment. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session I certify that this Notice of Meeting was posted on this the 2 day of ,1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Co tary Date Notice Removed The ylie 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 TDD 972/442-8170. Page 01,of WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION April 27, 1999 Item No. Issue Consider and act upon appointment of a board of director to the North Texas Municipal Water District Board. Background The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. NTMWD's existing Board(18 member cities)is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve, with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of Directors affects cost, performance and quality of service. The City of Wylie has two board members on the NTMWD Board. Mr. Marvin Fuller, whose term expires May, 2000 and, Mr. Harry Tibbals whose term expires May, 1999. Mr. Tibbals has stated that he would be willing to serve another two years. The City Council will need to make this appointment before the term expires May 31, 1999. Financial Considerations N/A Other Considerations In accordance with the statue creating the District, (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the City from which he is appointed. No member of a governing body of a City, and no employee of a City, shall be appointed as a Director." Under other State Law, no other government official that receives compensation could be appointed. Item for Individual Consideration NTMWD Board Appointment Page 1 Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Correspondence from NTMWD r. 7Y)20, eze,Q4A4 ared Rev' ed by Finance City Manager Approval Item for Individual Consideration NTMWD Board Appointment Page 2 NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through L`nity March 15, 1999 Mr. Mike Collins, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: NTMWD BOARD MEMBER APPOINTMENT Dear Mr. Collins: This is your official notification that Mr. Harry Tibbals's term of office as an NTMWD Board Member expires May 31, 1999. The City Council, by a majority vote, should reappoint Mr. Harry Tibbals or appoint another Director to serve a term from June 1, 1999 to May 31, 2001. In accordance with the statute creating the District (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the city from which he is appointed. No member of a governing body of a city and no employee of a city shall be appointed as a Director." Under other state law, no other government official that receives compensation could be appointed. The cities served by the NTMWD appreciate the work and effort expended by the appointed Directors. It is my practice to visit with new Directors in an orientation session prior to their first meeting; therefore, please notify my office in writing when the City Council has appointed a Director for the new term. Should you have any questions or need additional information, please do not hesitate to contact my office. Sincerely, atvr}- iM JA ES M. PARKS ecutive Director JMP/mcf cc: Mr. Harry Tibbals 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 WYLIE CITY COUNCIL rvIr INDIVIDUAL CONSIDERATION April 27, 1998 Item No. A . Issue Consider and act upon appointing replacements to the Library Advisory Board for three unexpired terms. Background The role of the Library Advisory Board is a seven member board who reviews long range goals and approves policies for the Rita and Truett Smith Public Library. The Library Advisory Board has no budgetary responsibilities or authority regarding the administrative responsibilities of the Library. The Board meets monthly. The Council will need to consider three (3) replacements for the following unexpired terms on the Library Advisory Board. Councilman Elect, Jim Swartz whose term would have expired in July of the year 2000;Mr. Tom Proctor, whose term would have expired in July of 1999. Mr. Proctor has recently submitted his resignation due to relocation and of course Ms. Mary Conely, who has recently passed away after illness. Mr. Joseph Conely has submitted his application for Council's consideration and would like to honor his late wife by serving out the remainder of her term, which would have expired in July of 1999. The only other members whose term will be expiring in July of 1999 is Shirley Burnett. All city board and commission members were notified last week of their expiring terms of office and provided the appropriate forms for reapplication. To date, there has been no response from Ms. Burnett. Other Consideration Article 8, Section 3(f) of the Wylie Home Rule Charter states the rules and regulations for vacancies. The Charter states that vacancies shall be filled for the remainder of an unexpired term by the city council within thirty(30) days after the vacancy occurs. The Library Advisory Board bylaws support the Wylie Home Rule Charter. Financial Consideration N/A Board/Commission Recommendation N/A Staff Recommendation N/A Individual Consideration Appointment to Library Advisory Board Page 1 Attachments Library Board Member List Resignation Letter/Proctor Board and Commission Applications &go:4 reps y Re i ed by Finan City Manager Approval Individual Consideration Appointment to Library Advisory Board Page 2 LIBRARY BOARD Meeting.Date/Times:Second Monday of each month Number of Members: 7 Member Board Two (2) Year Terms Advises Council on library services and various programs Members: Tom Proctor 916 S. Ballard 442-3001 7/99 Jim Swath 506 W. Jefferson 442-5583 7/00 Shirley Burnett 327 S. Fourth 442-5767 7/99 Debra Workman 1052 E. Oak Street 442-5178 7/00 Mary Conely 823 Foxwood Lane 429-0245 7/99 Gerry Whitt 820 Foxwood Lane 442-3144 7/00 Grace Morrison 118 Glen Knoll 442-1689 7/00 City of Wylie Staff Liaison: Ms. Mignon Morse, Library Director 2000 State Highway 78 North or Library Location: 800 Thomas 972/442-7566 or 442-0177 THOMAS C . PROCTOR 916 SOUTH BALLARD AVENUE • WYLIE,TEXAS 75098 • (972)442-3001 April 6, 1999 Mignon Morse Library Director Smith Public Library 800 Thomas Street Wylie, Texas 75098 Dear Mignon: Regretfully, I must tender my resignation as a member of the Smith Library Advisory Board, effective Friday, April 16, 1999. During my nearly two years of service on this board, I have been most appreciative for the excellence of your management of the Smith Public Library. You bring a great sense of joy, kindness, and exceptional professional competency to your dealings with the library board, staff, and the community you serve. You have been and continue to be the catalyst for so much of the positive growth for the library's collection, computer automation, children's programming, reference services, grants, and long-term planning. Thank you for making my work on the library board both an enjoyable and educational experience! As you may know, the reason Kathryn and I have decided to head back to the Boston area is to be of assistance to her parents. Thankfully, a fine job has become available to me in Boston that allows me to use my skills in managing libraries, archives, and museums. I wish you and the library board the very best as you move forward to find three new library board members. Sincerely, 7 fc /(c Board and Commission Information & Application Zoning Board of Adjustments Consists`:of 5 members and 2 alternateswho meet on an'as needed'basis to;conside.r applications forvariances to zoning ordinance regulations The board:hears appeals regarding determinations of the Zoning Administrator and considers action;concerning non- conforminguses.: Library Board Consists of 7 members who meet on the 2nd Monday of every month and advise the Council on library services and programs. Parks:and Recreation Board A7 member boardwhtch meets the4th Monday of.every month and advises the Council on acqu srtions maintenance,operation and use of parks,playgrounds,and apenspaces: Construction Code Board Consists of 7 members who meet on an"as needed" basis to review building code requirements. Plumbing, contractor, and electrical experience helpful. Ambutance Advisory;Board. Consists of 3 members who meet on an"as needed'.basis and'advise Council on ambulance services.< Planning and Zoning Commission A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning applications,subdivision plats and site plans, and advise Council regarding comprehensive planning issues. Wylie Economic Development Corp Board Consists of 5 members who meetahe third Tuesday of each month and recommends to Council funding priorities to assist new, prospective and existing businesses. • CITY OF WYLIE Boards & Commission Application Please type or print Full Name: osc-p all I� forte /1 Home Address: 9,23 Fox coo ka e City, State,Zip: [ Y y ! t 1C �.S5Vg Home Phone: ,-7). 'Y�q'o,z` $ Business Address:f rmpty/f 040trev/rk. City,State,Zip: Ar?L4...Sale.) - ( 97A. Work Phone:SLR-54'95^ Resident of Wylie for y, S Years Are you a qualified voter in the City of Wylie? 11/e0 Please indicate your fi st second and thud>.preference forsr. ervice. below _Planning and Zoning Commission _Zoning Board ofAdjustmerts Library Board Ambulance Advisory Board _Construction Code;Board _Parks&Recreation Board _Wylie Economic Development Corporation Board Please list any special skills or qualifications: � ,_/../ /rd rvfowee / f a." r d�t��N9 .+rt�- YA C p.--iew C'e- h a w r i w i/N "Q t' Y > x � p'eaclt ,'1f*j'i9CI- dais a1 trl'r LiiLea r Why do you desire to serve on these boards?/ �,// / / 4 1 �F i 11 o u.Z� /"mot ci y C Y � t ���r Try r,�.�, tea .1. cc) 4/GI %'k Y Y a is! 46-ec.-)1?- . At-A,". 0v 57 ( ure9 ate Please return complete pplication to: City Secretary's Office• 2000 Hwy 8 North • Wylie,Texas 75098 CITY OF WYLIE Boards & Commission Application Please type or print Full Name: /2714 / L r R iY S Home Address: /(o Li 7)1 P) Mailin Ad"ress if Different t� HonigPon e. '� -7 �BUsiness Phone: Business Address:RL—'r • 7t= A c. 1-1 F)� W1s /J I have been a resident of the City of Wylie fore years. Are you a qualified voter of the City of Wylie:°Yes ONo Please indicate your first,second and third preference for service below. L—Ptanning and Zoning Commission Zoning Board of Adjustments brary Board Ambulance Advisory Board Construction Code Board Parks&Recreation Board _Wylie Economic Development Corporation Board Signature Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North Wylie,Texas 75098 CITY OF WYLIE Boards & Commission Application Please type or print Full Name: Li.hda 4 V\ Home Address: ailing0A ress Sine N�o C(4) 1te7'�Oz98. Home Phone: 0( 7'�c (p Business Name: Business Address t (� P reS 100 (.l) ba I ia 5,��(, 7/2- Mailing A dress/Suite No. City State zip Business Phone: ..1kk` 3 ` have been a resident of the City of Wylie for CO years. Are you a qualified voter of the City of Wylie: ( f'(s No Please indicate your first,second and third preference for service below. _Planning and Zoning Commission _Zoning Board of Adjustments ( Library Board _Ambulance Advisory Board _Construction Code Board Z-Parks&Recreation Board 3_Wylie Economic Development Corporation Board Please list any special skills or qualifications: 45 a lepc( as5t5 4h+ , Z c,e�l my SKI/IS Cat' be used +b b Ike a Pr 0(4 g h o()Ark a-- w y tie. Why do you desire to serve on these boards? '• IrtauC, r--ec�rr#l� beCo ire aV�oIeo Li)KE- ih (,t)\c (ve ah.d ketw± 1-15 CorlNe WLDt-e QC+tU dr `4.e e telMuhi�''/. Signature Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North • Wylie,Texas 75098 VVYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION April 27, 1999 Item No. �. Issue Consider and Act Upon a Final Plat for Phase I of Sage Creek, proposed by Tipton Engineering for Paramount Land Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 18.3166 acre tract out of the Moses Sparks Survey, Abstract No. 849,City of Wylie,Collin County, Texas. Background The final plat under consideration is Phase I of Sage Creek Estates . The applicant is final platting 18.3166 acres in order to develop the property with 62 single family residential lots. The property is currently vacant,unplatted, and zoned PD(Planned Development)for single family residential uses. Other Considerations Staff has reviewed the proposed plat for Phase I of Sage Creek Estates and found it to be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. Financial Considerations Final Plat Application Fee in the Amount of$336.00- Paid Impact Fees in the amount of$130,944.00 - Paid Board/Commission Recommendation At the March 16, 1999,Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Staff Recommendation Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Final Plat Application Final Plat PhiL . (.6101;Pt Prepared by R ' ed by Finan e City Manager Approval Individual Consideration Final Plat Phase 1 Saae Creek Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date December 23 , 1998 Name of Proposed Development SAGE CREEK PHASE I Name of Property Owner/Developer ASHTON CUSTER L. L. C. Address15851 Dallas North Tollway , Suite 100 Phone 972-490-3255 Dallas , Texas 75248 Owner of Record ASHTON CUSTER L. L.C. Address 15851 Dallas North Tollway, Suite 100phone 972-490-3255 Dallas , Texas 75248 Name of Land Planner TIPTON ENGINEERING. INC. Surveyor/Engineer Address 6330 Broadway , Suite C , Garland , Texas Phone 972-226-2967 75043 Total Acreage 18.2942 Current Zoning PD-SF Number of Lots/Units 62 Signed (r--1 . The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 WYLIE CITY COUNCIL ;/V. INDIVIDUAL CONSIDERATION April 27, 1999 Item No. 4. Issue Consider and Act Upon a Preliminary Plat/Development Plan for Phase V of Sage Creek, proposed by Tipton Engineering for Paramount Land Development, for the property generally located along the east side of McCreary Road, north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 63.822 acre parcel out of the Moses Sparks Survey, Abstract No. 849,City of Wylie, Collin County,Texas. Background The preliminary plat/development plan under consideration is Phase V of the Sage Creek Estates Addition (formerly part of the Lakeside Estates Addition). Please note the new phasing plan for the Sage Creek development(Zoning Exhibit). The applicant is preliminary platting 63.822 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD (Planned Development) zoning requested during the Lakeside Estates public hearings conducted in 1997. In order to establish a PD(Planned Development),the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff; and be supported by written documentation of proposals and standards for development. The Conceptual Plan mist also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once Staffhas determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action,the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The Second phase of establishing a PD District is submitting for approval a Development Plan. The Development Plan shall set forth the final plans for the PD District and shall conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. Individual Consideration Phase five Sage Creek Paae 1 Other Considerations The Comprehensive Plan recommends Single Family Residential uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan. Staff has reviewed the proposed preliminary plat/development plan for Phase V of Sage Creek Estates and found it to be in compliance with the concept plan approved in 1997. This preliminary plat/development plan also complies with the Subdivision regulations and other pertinent ordinances of the City of Wylie. The preliminary plat/development plan under consideration encompasses two sections(north and south). The development standards associated with each section are provided for your convenience (see attachments). Please note the minimum lot size permitted within the southern section is 6,000 square feet. Said standards were previously approved when this case was processed as part of the Lakeside Estates Conceptual Plan approved by Council in 1997. Financial Considerations Preliminary Plat application fee in the amount of$759.00 - Paid Board/Commission Recommendation At the March 16, 1999, Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Staff Recommendation Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Zoning Exhibit Proposed Land Use Data (North Section& South Section) Preliminary Plat/Development Plan Application Preliminary Plat/Development Plan Ordinance • in AIL ette.&;4 Prepared by Revi d by Financ City Manager Approval Individual Consideration Phase five Sage Creek Paae 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and fmds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. (a) That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. (b) The use of all property in such area being limited to and governed by the following conditions described in Exhibit "B" attached herto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary L ` LEGAL DESCRIPTION BEING port of a tract or parcel of land situated in the Moses Sparks Survey, Abstract No. 849 in the City of Wylie, Collin County, Texas, and being all of the property conveyed to William E, Campbell Jr. Trustee, and called a 94.011 acre tract as recorded in deed in volume 872, page 153 of the Deed Records of Collin County, Texas and also the property conveyed to William E. Campbell Jr.-Murphy Limited Partnership and called o 41.879 acre troct os described in deed as recorded in Volume 881, Page 806 of the Deed Records of Collin County, Texas, and described more particularly by metes and bounds as follows: BEGINNING at o 5/8" iron rod for the Northwest corner of a 39.110 acre tract of land deeded to PULTE HOMES OF TEXAS L.P., by deed recorded in county clerk's file (CC#) 98-0048407 real;property records Collin County, Texas; THENCE N 0026'17" W a distance of 733.77 feet to a point for corner; THENCE N 0109'25" E a distance of 1008.10 feet to a point for corner; THENCE S 88'50'35" E a distance of 97.02 feet to a point for corner; THENCE a curve to the right having a central angle of 04'46'18" and a radius of 1845.00 feet and an arc length of 153.65 feet with a chord bearing of S 86'27'26" E-153.61 feet; THENCE S 84'04'17" E a distance of 981.46 feet to a point for corner; THENCE a curve to the left having a central angle of 06'32'18" and o radius of 395.00 feet and an arc length of 45.08 feet with a chord bearing of S 87'20'26" E-45.05 feet; THENCE N 89'23'25" E a distance of 18.09 feet to a point for corner; THENCE S 00'36'35" E a distance of 10.00 feet to a point for corner; THENCE N 89'23'25" E a distance of 170.00 feet to a point for corner; THENCE S 00'36'35" E a distance of 475.40 feet to a point for corner; THENCE S 0020'00" E a distance of 394.60 feet to a point for corner; THENCE N 87 55'31" W a distance of 91.21 feet to a point for corner; THENCE S 04'48'03" E o distance of 14.47 feet to a point for corner; THENCE S 00'16'48" W a distance of 191.54 feet to o point for corner; THENCE S 0005'29" E a distance of 961.27 feet to a point for corner; THENCE S 89 54'31" W a distance of 96.33 feet to o point for corner; THENCE S 3136'21" W a distance of 12.72 feet to a point for corner; THENCE N 58'23'39" W a distance of 28.29 feet to a point for corner; THENCE a curve to the left having a central angle of 09'47'17" and a radius of 505.00 feet and an arc length of 86.27 feet with a chord bearing of S 70'34'16" W-86.17 feet; THENCE o curve to the left having a central angle of 23'22'16" and a radius of 410.00 feet and an arc length of 167.24 feet with a chord bearing of N 7223'09" W-166.08 feet; THENCE N 84'04'17" W a distance of 563.74 feet to a point for corner; THENCE N 0027'18" W a distance of 120.75 feet to a point for corner; THENCE N 84'04'17" W a distance of 15.89 feet to a point for corner; THENCE N 05'54'34" E o distance of 170.00 feet to a point for corner; THENCE N 84'04'17" W a distance of 377.81 feet to a point for corner; THENCE a curve to the left having a central angle of 06'22'00" and a radius of 271.77 feet and an arc length of 30.20 feet with a chord bearing of N 87'15'17" W-30.18 feet; THENCE S 89'33'43" W a distance of 59.90 feet to the place of beginning containing 2,780,092 square feet or 63.822 Acres of land. ,3 If SAGE CREEK PHASE V NORTH SECTION DEVELOPMENT STANDARDS PLANNED DEVELOPMENT Permitted Uses: Single Family Detached Dwellings Height Regulations: No building shall exceed thirty-five feet or 2-1/2 stories in height. Area Regulations: Minimum Front Setback: There shall be a front yard having a depth of not less than twenty-five feet as measured from the front building line. Minimum Side Setback: There shall be a side yard provided whereas a separation of ten feet is always maintained between structures. A side yard adjacent to a side street shall not be less that fifteen feet. Even when a side yard is across from a front yard, the side yard shall be fifteen feet. Minimum Rear Setback: There shall be a rear yard having a depth of not less than twenty feet. Minimum Dwelling Size: 1,600 sq. ft. Minimum Lot Size: 7,200 sq. ft. Minimum Lot Width (at front building line): 60 feet Minimum Lot Depth: 100 feet Cul-de-sac Lot Depth: 90 feet Minimum Masonry All main buildings shall have exterior construction of a Exterior Façade: minimum of 75% brick, tiles, cement, concrete, stone or similar materials. Lot Coverage: In no case shall more than 60% of the total lot area be covered by the combined area of the main buildings and accessory buildings. Garage Setback: 20 feet garage setback. SAGE CREEK PHASE V SOUTH SECTION DEVELOPMENT STANDARDS PLANNED DEVELOPMENT Permitted Uses: Single Family Detached Dwellings Height Regulations: No building shall exceed thirty-five feet or 2-1/2 stories in height. Area Regulations: Minimum Front Setback: There shall be a front yard having a depth of not less than twenty feet as measured from the front building line. Minimum Side Setback: There shall be a side yard provided whereas a separation of ten feet is always maintained between structures. A side yard adjacent to a side street shall not be less that fifteen feet. Even when a side yard is across from a front yard, the side yard shall be fifteen feet. Minimum Rear Setback: There shall be a rear yard having a depth of not less than fifteen feet. Minimum Dwelling Size: 1,400 sq. ft. Minimum Lot Size: 6,000 sq. ft. Minimum Lot Width (at front building line): 50 feet Minimum Lot Depth: 100 feet Cul-de-sac Lot Depth: 90 feet Minimum Masonry All main buildings shall have exterior construction of a Exterior Façade: minimum of 75% brick, tiles, cement, concrete, stone or similar materials. Lot Coverage: In no case shall more than 60% of the total lot area be covered by the combined area of the main buildings and accessory buildings. Garage Setback: 20 feet garage setback. REC'D NOV 18 1998 Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date November 18, 1998 Name of Proposed Development SAGE CREEK PHASE V Name of Property Owner/DeveloperPARAMOUNT LAND DEVELOPMENT, INC. Address 15851 Dallas Parkway, Suite 100 Phone 972-490-3255 Dallas , Texas 75248 Owner of Record PARAMOUNT LAND DEVELOPMENT, INC. Address 15851 Dallas Parkway, Suite 100 Phone 972-490-3255 Dallas , Texas 75248 Name of Land Planner TIPTON ENGINEERING, INC. Surveyor/Engineer Address 6330 Broadway, Suite C, Garland, Phone 972-226-2967 Texas /5043 Total Acreage 63.822 Current Zoning - PD-SF Number of Lots/Units 317 Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable X 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. VVYLIE CITY COUNCIL tV11 INDIVIDUAL CONSIDERATION April 27, 1999 Item No. 7 Issue Consider and Act Upon a Final Plat for Springwell Parkway, proposed by Tipton Engineering for Paramount Land Development,for the property generally located along the east side of McCreary Road, north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 1.5711 acre parcel out of the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County, Texas. Background The final plat under consideration is for the extension of Springwell Parkway. The applicant is final platting 1.5711 acres in order to dedicate the right-of-way and construct the road. The property is currently vacant,unplatted, and zoned PD(Planned Development)for single family residential uses. Other Considerations Staffhas reviewed the proposed plat for Springwell Parkway and found it to be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. Financial Considerations Application fee in the amount of$157.00- Paid Board/Commission Recommendation At the March 16, 1999,Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Final Plat Application Final Plat ))(),dik Prepared by Revi ed by Finan e City Manager Approval Individual Consideration Final Plat Springwell Pkwy Paae 1 Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST DateDecember 23 , 1998 Name of Proposed Development RIGHT-OF-WAY DEDICATION - SPRINGWELL PARKWAY Name of Property Owner/Developer ASHTON CUSTER L. L. C. Address 15851 Dallas North Tollway. Suite 100 Phone 972-490-125c Dallas , Texas 75248 Owner of Record ASHTON CUSTER L. L.C. Address way,Dallaa North Tollway, Suite 100 Phone 972-490-3255 Dallas , Texas 75248 Name of Land Planner TIPTON ENGINEERING, INC. Surveyor/Engineer Address6330 Broadway, Suite C, Garland , Texas Phone 972-226-2967 Total Acreage 1 .5711 Current Zoning P D-S F Number of Lots/Units N/A ' Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 WYLIE CITY COUNCIL rill INDIVIDUAL CONSIDERATION April 27, 1999 Item No. 69. Issue Consider and act upon the approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 1999, beginning October 1, 1998, and ending September 30, 1999; repealing all conflicting ordinances, containing a severability clause; and providing for an effective date. Background Assumptions that form the basis of revenue and expenditure projections are made in August preceding adoption of the budget in September. The mid-year review process enables the City to determine the validity or accuracy of the assumptions. The process also contemplates that the City operates in a dynamic environment and that actions are required to appropriately respond to the change in conditions. This represents a change to both revenues and expenditures. The proposed budget amendments consist of re-estimates of revenues in the General, 4B CIP, Service Center,Fire Station, and Fleet Replacement Funds and operating amendments to various departmental budgets in the General, Utility, and Fleet Replacement Funds. Financial Considerations Fleet General 4B CIP Service Center Fire Station Replacement Fund Utility Fund Fund Fund Fund Fund Mid-Year Ending Fund Balance $1,302,848 $1,943,802 $498,397 $117,104 $134,852 $502,800 Less:Net Increases in Expenditures (413,321) (408,100) 103,732 6,320 19,009 24,760 Estimated Ending Fund Balance $889,527 $1,535,702 $602,133 $123,424 $153,861 $527,560 Item for Individual Consideration Budget Amendments Page I Original Budget Amended Budget Total Expenditures $11,528,430 $12,184,531 Total Revenues $10,727,930 $10,668,681 Net Increase in Expenditures $656,101 Net Decrease in Revenues ($59,249) Other Considerations In the City Charter under Article 7, Municipal Finance, Section 4: Amendments After Adoption: "If, during the fiscal year, the City Manager certifies that there are revenues available for appropriation in excess of those estimated in the budget, the City Council may make supplemental appropriations to fund other appropriations as desired." Staff Recommendation It is recommended that the City Council approve the amendments as proposed and adopt the ordinance amending the Fiscal Year 1998-99 Budget. Attachments Attachment 1 - Combined Summary Attachment 2 - Summary of Proposed Changes Attachment 3 - Proposed Mid-Year Budget Amendments -Narrative Attachment 4 - Community Development Enhanced Services Request Attachment 5 -Memo Regarding New Inspectors' Trucks Attachment 6 -Mid-Year Budget Ordinance Y kz Sr i✓ ee :A Prepared byRevi ed byFinan e CityManager Approval Individual Consideration Budget Amendment Page 2 Attachment 1 CITY OF WYLIE PROPOSED FY 98/99 MID-YEAR BUDGET AMENDMENTS April 27,1999 COMBINED SUMMARY 1998-99 ALL 1998-99 ALL NET FUNDS SERVICE FIRE FLEET FUNDS CHANGE For ORIGINAL GENERAL UTILITY 4B CIP CENTER STATION REPLACEMEN AMENDED Purposes of BUDGET(1) FUND FUND FUND FUND FUND T FUND BUDGET(1) Comparison AUDITED FUND BALANCE 9-30-98 8,547,175 N/A N/A N/A N/A N/A N/A 8,547,175 N/A REVENUES: Ad Valorem Taxes 3,165,350 3,165,350 0 Non-Property Taxes 1,251,200 1,251,200 0 Franchise Fees 684,770 684,770 0 Licenses and Permits 150,000 150,000 0 Intergovernmental 385,450 (192,580) 103,732 296,602 (88,848) Service Fees 4,076,550 1,770 4,078,320 1,770 Court Fees 244,400 244,400 0 Interest&Miscellaneous Income 344,910 2,500 347,410 2,500 Assessments 36,340 36,340 0 Transfers from Other Funds 388,960 6,320 19,009 414,289 25,329 TOTAL REVENUES 10,727,930 (190,080) 0 103,732 6,320 19,009 1,770 10,668,681 (59,249) EXPENDITURES: General Government 2,166,480 (43,677) 2,122,803 (43,677) Public Safety 2,432,970 208,273 2,641,243 208,273 Urban Development 317,970 31,000 348,970 31,000 Streets 428,660 27,000 455,660 27,000 Community Services 596,800 645 597,445 645 Utilities 2,391,940 408,100 2,800,040 408,100 Debt Service 1,887,680 1,887,680 0 Capital Projects 589,770 24,760 614,530 24,760 Economic Development 327,200 327,200 0 Transfers to Other Funds 388,960 388,960 0 TOTAL EXPENDITURES 11,528,430 223,241 408,100 0 0 0 24,760 12,184,531 656,101 ENDING BALANCES 7,746,675 7,031,325 NET CHANGE TO ENDING FUND BALANCE (413,321) (408,100) 103,732 6,320 19,009 (22,990) (715,350) (715,350) TOTAL REVENUES 10,668,681 NET DECREASE(INCREASE)IN FUND BALANCE Original Budget 800,500 Amendments to Budget 715,350 TOTAL APPROPRIABLE FUNDS 12,184,531 (1) All funds are included in the Origianl budget and Amended Budget columns. However,individual fund columns include only the funds that are affected by proposed budget amendments. Attachment 2 PROPOSED FY 99 MID-YEAR BUDGET AMENDMENTS GENERAL FUND April 27, 1999 Audited Fund Balance 9-30-98 $ 1,538,138 FY99 Original Budgeted Revenues 5,574,700 FY Original Budgeted Appropriations 5,809,990 Mid-Year Ending Fund Balance 1,302,848 Mid-Year Budget Amendments (413,321) Estimated Ending Fund Balance $ 889,527 15.3% of Budgeted Expenditures EXP/ DEPARTMENT ACCOUNT NO. (REV) AMOUNT DESCRIPTION 10-000-43125 Rev (199,530) Grant for the purchase of a computer-aided dispatch system for the Police and Fire Departments not awarded to City 10-000-43120 Rev 6,950 Addition of a new patrol position financed by the receipt of a new COP Grant. 10-000-48420-0894 Rev 2,500 Grant from the Texas Book Festival for the purchase of library books. Total Revenues (190,080) Municipal Court 10-122-56510 Exp 1,375 Compensation for Assistant Judge Pirkle for arraignment duties Finance 10-131-58810 Exp 16,240 Cabling, database, conversion, hardware (including IBM RS/6000), relicensed software, ethernet cards associated with conversion of financial system to new computer Fleet Maintenance 10-132-51xxx Exp 19,100 Additional personnel costs Combined Services 10-181-56040 Exp 5,000 Downtown District/State Historial Register Project Combined Services 10-181-56040 Exp 17,965 Demolition of houses, relating to Olde City Park&Comm. Center Combined Services 10-181-56570 Exp 25,000 Project management services for capital projects along SH 78, FM 544 and the Cottonbelt Railroad corridor Combined Services 10-181-56990 Exp 95,394 First installment on a cost sharing project with NTMWD relating to the reconstruction of South Ballard Street between Butler and Stone Road Combined Services 10-181-58810 Exp (258,260) Grant for the purchase of a computer-aided dispatch system for the Police and Fire Departments not awarded to City Combined Services 10-181-59111 Exp 15,500 Operating transfer to the Community Park Fund to cover shortfall of revenues over expenditures Combined Services 10-181-59146 Exp 19,009 Operating transfer to the Fire Station Fund to cover additional cost of land Police 10-211-51xxx Exp 9,300 Addition of a new patrol position financed by the receipt of a new COP Grant. Police 10-211-51xxx Exp 360 Market adjustment for part-time employees Police 10-211-51130 Exp 7,620 Correct error on adopted budget Police 10-211-54650 Exp 12,625 Construction of a 2 position Motorola Centracom Series II Dispatch Console System Attachment 2 PROPOSED FY 99 MID-YEAR BUDGET AMENDMENTS GENERAL FUND April 27, 1999 EXP/ DEPARTMENT ACCOUNT NO. (REV) AMOUNT DESCRIPTION Police 10-211-58810 Exp 63,150 Purchase of new 911 emergency system Police 10-211-58810 Exp 3,200 Purchase of uninterruptible power source boxes for new 911 system Fire 10-231-54810 Exp 4,500 Maintenance costs for 4 months on new Fire Reporting system Fire 10-231-54910 Exp 6,000 Fire Station modifications Fire 10-231-54910 Exp 2,500 Guttering on Stations 1 &2 ($1,000)and landscaping improvements at Station 2 ($1,500) Fire 10-231-56990 Exp 15,941 Installation of 4 poles and tornado/civil defense sirens Fire 10-231-58810 Exp 82,352 Purchase of new Fire Reporting system Fire 10-231-58910 Exp 725 Fire Station modifications Community Develop. 10-311-51xxx Exp 24,400 Funding for 2 new inspectors and a part-time clerk. Community Develop. 10-311-52710 Exp 130 Hard hats, rubber boots and rain coats for inspectors. Community Develop. 10-311-57810 Exp 1,700 Capital Replacement Fees for two new pickup trucks. Trucks to be financed from Fleet Replacement Fund by doubling the fees. Community Develop. 10-311-58850 Exp 2,170 Monthly charges on two cell phones for four months ($520)and purchase of two portable radios ($1,050)and a camcorder($600) Community Develop. 10-311-58810 Exp 1,600 Computer and printer for new inspector. Planning 10-321-58810 Exp 1,000 Purchase of new PC Streets 1 0-41 1-5421 0 Exp 27,000 Correct error in adopted budget for material and maintenance of streets Parks 10-511-51xxx Exp (7,500) Change from 2 seasonal Parks maintenance workers to 1 full-time Parks 10-511-58850 Exp 7,500 Purchase of a Dixie Chopper mower Recreation 10-521-51xxx Exp 525 Market adjustment for part-time employee Library 10-551-51xxx Exp 3,130 Market adjustment for part-time employees Library 10-551-52070 Exp (9,290) Correct error on adopted budget Library 10-551-52070-0892 Exp (940) Correct error on adopted budget Library 10-551-52620 Exp (6,380) Correct error on adopted budget Library 10-551-52620-0894 Exp 2,500 Library books purchased with grant funds received from the Texas Book Festival Library 10-551-54810 Exp 10,000 Computer maintenance Library 10-551-58810 Exp 1,100 Purchase of UPS boxes for protection against power surges Total Expend 223,241 Attachment 2 PROPOSED FY 99 MID-YEAR BUDGET AMENDMENTS UTIILTY FUND April 27, 1999 Audited Fund Balance 9-30-98 $ 1,759,072 FY99 Original Budgeted Revenues 3,370,260 FY Original Budgeted Appropriations 3,185,530 Mid-Year Ending Fund Balance 1,943,802 Mid-Year Budget Amendments (408,100) Estimated Ending Fund Balance $ 1,535,702 176 Days of Working Capital EXP/ DEPARTMENT ACCOUNT NO. (REV) AMOUNT DESCRIPTION Utility Operations 611-712-54350 Exp 10,000 Purchase of additional meter boxes for new construction: replacement of water taps and copper, corporations on water mains Utility Operations 611-712-58850 Exp 5,350 Backflow Management Program Consultant Utility Billing 611-715-51xxx Exp 510 Market adjustment for part-time employee Utility Billing 611-715-58810 Exp 1,000 Purchase of a PC to run software for meter reading devices Utility Billing 611-715-58810 Exp 16,240 Cabling, database, conversion, hardware (including IBM RS/6000), relicensed software, ethernet cards associated with conversion of financial system to new computer Combined Services 611-719-56570 Exp 25,000 Project management services for capital projects along SH 78, FM 544 and the Cottonbelt Railroad corridor Sewer Project 611 Exp 250,000 Sewer line relocation at the old service center due to the relocation of the Kansas City Southern Railway line Water Project 611 Exp 100,000 Water line relocation on on the south side of FM544 west of Hooper due to the widening of the highway Total Expend 408,100 Attachment 2 PROPOSED FY 99 MID-YEAR BUDGET AMENDMENTS OTHER FUNDS April 27, 1999 EXP/ FUND ACCOUNT NO. (REV) AMOUNT DESCRIPTION 4B CIP 420-000-435xx Rev 103,732 WISD contribution to cost of parking lot constructed at Founders Park, adjacent to Wylie High School Service Center 452-000-49111 Rev 6,320 Operating transfer from the General Fund to cover cost of additional concrete work at the Service Center Fire Station 452-000-49111 Rev 19,009 Operating transfer from the General Fund to cover additional cost of land Fleet Replacement 71 1-000-4481 1 Rev 1,770 Additional contribution from General Fund for unschedulted purchase of two pickup trucks for Community Development Fleet Replacement 711-751-58510 Exp 24,760 Purchase of two pickup trucks for Community Development Attachment 3 PROPOSED FISCAL YEAR 1999 MID-YEAR BUDGET AMENDMENTS NARRATIVE GENERAL FUND REVENUES • ($199,530)in Intergovernmental Revenue-CAD Grant. The City applied for grant funding for the purchase of a new CAD system and reporting systems for the Police and Fire Departments. The grant was not awarded to the City. The corresponding appropriations in the Combined Services budget are being eliminated from the budget also. The project will be funded with the proceeds of the tax notes the City issued in August 1998. • $6,950 in Intergovernmental Revenue - COPS Grant. The City was notified that it was awarded a COPS Universal Hiring Program grant as of March 1, 1999, for the addition of one new full-time officer. The award is for $66,377 over a three-year period. The funding ratio for the first year is 75% federal grant/25% local match. The additional revenue for FY1999 is for 3 months of service. • $2,500 for Private Grants. The Library has been awarded a $2,500 grant from the Texas Book Festival for the purchase of library books. EXPENDITURES Municipal Court • $1,375 for Audit and Legal Services. Assistant Judge Pirkle is called to the City an average of 11 times per month during the evening and weekend hours to perform arraignments for which he receives no compensation or reimbursement of any kind. This proposed budget amendment would offer compensation to Judge Pirkle at the rate of $25 per call for the remaining 5 months of FY99. Annual compensation at the rate of 11 calls per month would total $3,300 in FY2000. Finance • $16,240 for Computer Hardware and Software. The IBM RS/6000 computer that acts as the server for the financial software package used by the Finance, Municipal Court, and Utility Billing Departments required upgrades to be Year 2000 compliant and additional memory to handle the increased amount of data required to be processed. These funds were appropriated in the fiscal year 1997-98 budget,but the upgrade was not done until fiscal year 1998-99. The total cost of the upgrade was$32,480 and was split equally between the General Fund and the Utility Fund. • $510 for Personnel Services. This proposal will fund a merit increase for the second half of the fiscal year for the part-time employee(Accounts Payable Clerk) in the Finance Department. Part-time employees did no receive merit increases in April as did full-time employees. Attachment 3 Building and Fleet Maintenance • $19,100 for Personnel Costs. These funds are for an unanticipated increase in the cost of personnel for this department. Combined Services • $5,000 for Special Services. These funds will be used to hire a consultant who will take the steps necessary to place the City's downtown district on the State Historical Register. Placement on the State Historical Register would enable the property owners in the district to become eligible for other funding sources, as well as serve as a protection of the property. The work would involve application for grants and other sources of funding, development of a local historic preservation program and preservation ordinance. Combined Services • $17,965 for Special Services. These funds are for the demolition of structures on property purchased by the City that is adjacent to Olde City Park and the Community Center. The property is intended for use as additional parkland space by the City. Combined Services • $25,000 for Engineering and Architectural Services. As a result of the agreement between the City of Wylie, Collin County and the Kansas City Southern Railway, the City will have the opportunity to begin planning the expenditure of$10.5 million in federal, state and county funds for projects along S.H. 78, F.M. 544 and the Cottonbelt Railway Corridor. This request will fund the professional services required to effectively coordinate these projects. The approved professional services contract is for a duration of one year for an amount not to exceed $50,000. The General Fund and Utility Fund will share the costs of the project equally. • $95,394 for Other Contractual Services. This amount is the first installment the City has paid to NTMWD on a cost-sharing project relating to the reconstruction of South Ballard Street between Butler and Stone Road. The agreement between the City and NTMWD specifies that the City will continue to pay this debt for 7 consecutive years. • ($258,260)for Computer Hardware and Software. The City applied for grant funding for the purchase of a new CAD system and reporting systems for the Police and Fire Departments. The funding for this project was entered in the budget in two places - once in the Police budget if grant funding was not received and once in the Combined Services budget if grant funding was received. The appropriations in the Combined Services budget are being deleted since grant funding was not received. The corresponding intergovernmental revenue is being eliminated from the budget also. • $6,320 for Transfers to the Service Center Fund. At its April 13, 1999, meeting, the City Council approved a contract with Morrow Construction for $118,314 for the construction of additional concrete flatwork at the Municipal Service Center. The balance in the Service Center Fund is approximately $112,000. This flatwork is a portion of the original Phase I of the project that was delayed because cost estimates exceeded available funding. Attachment 3 • $19,009 for Transfers to Fire Station Fund. The General Fund transferred $60,750 to the Fire Station Fund in FY98 for the purchase of the land on which the new fire station is situated. The cost of the land was approximately $76,250. This transfer will cover the total cost of the land and about $3,500 of land development costs. Police • $9,300 for Personal Services. The City was notified that it was awarded a COPS Universal Hiring Program grant as of March 1, 1999, for the addition of one new full-time officer. The award is for $66,377 over a three-year period. The funding ratio for the first year is 75% federal grant/25% local match. The additional cost for FY1999 is for 3 months of service. • $360 for Personal Services. This proposal will fund a merit increase for the second half of the fiscal year for the part-time employees (School Crossing Guards) in the Police Department. Part-time employees did not receive merit increases in April as did full-time employees. • $7,620 for Overtime. The original request for these appropriations for FY1999 was $67,200. Due to a clerical error, the request was entered in the adopted budget incorrectly. This proposed amendment will correct the error. • $12,625 for Communications. The purchase of a new 911 system required the construction of a 2 position Motorola Centracom Series II Dispatch Console System at a cost of$10,315. The remaining$2,310 is for miscellaneous equipment and work needed as a result of the new 911 system. • $63,150 for Computer Hardware and Software. At its June 23, 1998, meeting, the City Council approved the purchase of a new 911 emergency communications system. The telecommunications equipment that was serving the City's E-911 system was at least 10 years old and had become technologically obsolete. The system had been discontinued by its manufacturer,Hewlett Packard, and replacement parts were no longer available. Funds were appropriated for the system during the year-end budget amendment process in FY98, but the system was not installed until this fiscal year. The system was purchased using the proceeds of the tax notes issued by the City in August 1998, and the 911 service fee collected by the City will generate revenue sufficient to meet debt service requirements. • $3,200 for Computer Hardware and Software. The new 911 system purchased in FY99 required the purchase of new uninterruptible power source boxes. These devices guard the system against power surges and temporary power outages. Fire • $4,500 for Maintenance of Computer Hardware and Software. The new fire reporting system purchased in FY99 will require annual maintenance fees of$13,643. The system is scheduled to be on-line in June 1999. This proposed amendment will cover the maintenance for the system for the last 4 months of FY99. Attachment 3 • $6,000 for Maintenance of Buildings. A dog house had to be built over the Quint bay door at Station 1 to protect the door from weather elements. The door's mechanical parts were not designed to be exposed to the weather. • $2,500 for Maintenance of Buildings. $1,000 is needed to install gutters on both Stations 1 and 2 and $1,500 is needed for landscaping improvements at Station 2. Current landscaping funds were used to install a sprinkler system at Station 2 since it is not manned most of the time. • $15,941 for Other Contractual Services. At its September 22, 1998, meeting, the City Council approved the removal and reinstallation of 8 civil defense siren systems purchased from the City of Plano. The system consists of 8 rotating directional sirens and seven 40 foot poles. The City of Wylie's bid of$1,800 was accepted. Staff estimates of equivalent systems of current manufacture would cost in excess of$50,000. All 8 of the systems have been removed from the City of Plano and four have been installed in Wylie at a cost of$15,941. • $82,352 for Computer Hardware and Software. At its January 12, 1999, meeting, the City Council approved the purchase of a computer aided dispatch fire reporting system. The current system has limited data collection capabilities and performs manually. The new system will automate the records keeping system and allow personnel to work more efficiently and productively. The system is being funded by a combination of proceeds from the tax notes issued by the City in August 1998, 911 wireless revenues, and 911 revenues. The debt service on the tax notes will be supported by an increase in 911 fees. • $725 for Buildings. The electrical panel in Station 1 had to be replaced to pass inspection. Community Development • $24,400 for Personal Services. Due to the increased construction and development activity in the City, the Community Development department is requesting the addition of 2 full-time positions and one part-time position to its staff. The two full-time positions include a code inspector and building inspector. The part-time position is for a clerk to help with increased paper work and phone calls in the office. This constitutes an increase in the size of the staff at an approximate annual cost in FY2000 of$72,500. The increase in revenues from Licenses and Permits and Development Fees will offset the increase in personnel costs (see attachment 4). • $130 for Wearing Apparel & Uniforms. This request will fund the purchase of hard hats, rubber boots, and rain coats for the two new inspector positions. • $1,770 for Capital Replacement Fees. These funds will be used to finance the purchase of two new pickup trucks through the Fleet Replacement Fund. This purchase is necessitated by the addition of two new inspector positions. Fees will be paid at twice the normal rate to repay the Fleet Replacement Fund for the purchase of the vehicles and to accumulate funds for their future replacements. Annual fees will be $7,080 for 7 years. This request is for 3 months of fees in FY1999. Attachment 3 • $2,170 for Major Tools and Equipment. This request will fund the purchase of two portable radios($1,050), a camcorder($600)and four months of cellular phone charges for two phones ($520) necessitated by the addition of two inspector positions. • $1,600 for Major Tools and Equipment. The Community Development Department will need to purchase an additional computer and printer for use by the new inspectors. Planning • $1,000 for Computer Hardware and Software. These funds are for the purchase of a new personal computer for the City Planner. The PC he is currently using will be given to the Planning Assistant to replace her PC. The Planning Assistant utilizes specialized software that requires more memory and speed to run efficiently than is available on her current machine. Streets • $27,000 for Materials and Maintenance of Streets and Alleys. The original request for these appropriations for FY1999 was$30,000. Due to a clerical error, the request was entered as $3,000. This proposed amendment will correct the error. Parks • ($7,500)for Personnel Costs. The FY98-99 Parks Department budget includes funds for the cost of two 6-month seasonal maintenance workers. It has been consistently difficult to fill these positions each year. The Department requests that these two positions be eliminated and a new full-time position be created. The two seasonal positions were budgeted at a total of $17,408. The new full-time position will require$8,500 for the 4 months remaining in the fiscal year. This constitutes an increase in the size of the Park staff at an approximate annual cost of $25,000 in FY2000, or an increase of approximately $7,600 in personnel costs. • $7,500 for Major Tools and Equipment. The Parks Department needs to purchase an additional mower, specifically a Dixie Chopper, due to the increased amount of property the department is now required to maintain. The cost of the mower can be funded with the savings in personnel costs if the two part-time seasonal workers are replaced by a full-time worker. Recreation • $525 for Personal Services. This proposal will fund a merit increase for the second half of the fiscal year for the part-time employee (Senior Citizen Coordinator) in the Recreation Department. Part-time employees did no receive merit increases in April as did full-time employees. Library • $3,130 for Personal Services. This proposal will fund a merit increase for the second half of the fiscal year for the part-time employees in the Library Department. Part-time employees did not receive merit increases in April as did full-time employees. Attachment 3 • ($9,290)for Computer Software. The original request for these appropriations for FY1999 was entered incorrectly on the adopted budget. This proposed amendment will correct the error. • ($940) for Computer Software - Tocker Grant. The original request for these appropriations for FY1999 was entered incorrectly on the adopted budget. This proposed amendment will correct the error. • ($6,380) for Library Books. The original request for these appropriations for FY1999 was entered incorrectly on the adopted budget. This proposed amendment will correct the error. • $2,500 for Library Books-TBF Grant. The Library has been awarded a grant of$2,500 for the purchase of library books from the Texas Book Festival. • $10,000 for Maintenance of Computer Hardware and Software. The Library is running a network of 13 computers, a network server and a CD-ROM server. Maintenance and contingencies are currently costing the Library about$1,500 per month. These funds will cover the cost of maintaining the system for the remainder of the fiscal year. • $1,100 for Computer Hardware and Software. The Library needs to purchase UPS (uninterruptible supply source) boxes to protect its computers from power surges that it continues to experience. Attachment 3 PROPOSED FISCAL YEAR 1999 MID-YEAR BUDGET AMENDMENTS NARRATIVE UTILITY FUND Utility Operations • $10,000 for Meters and Service Connections. Due to increased construction activity in the City, it is necessary for the department to buy additional meter boxes. The department is also replacing water taps and corporations on water mains that developers had installed and that have deteriorated. • $5,350 for Major Tools and Equipment. State legislation requires that the City initiate a Backflow Management Program. The City has contracted with a consultant to address this issue and prepare an ordinance. Utility Billing • $15,000 for Computer Hardware and Software. The handheld meter reading devices that the City uses in conjunction with its Utility Billing software are not Y2K compliant and must be replaced before the end of 1999. This proposed amendment is for the cost of 3 new handheld devices, the software necessary to run the devices, and training. • $1,000 for Computer Hardware and Software. The purchase of new handheld meter reading devices requires the purchase of a PC to run the meter reading software. • $16,240 for Computer Hardware and Software. The IBM RS/6000 computer that acts as the server for the financial software package used by the Finance, Municipal Court, and Utility Billing Departments required upgrades to be Year 2000 compliant and additional memory to handle the increased amount of data required to be processed. These funds were appropriated in the fiscal year 1997-98 budget, but the upgrade was not done until fiscal year 1998-99. The total cost of the upgrade was$32,480 and was split equally between the General Fund and the Utility Fund. Combined Services • $25,000 for Engineering and Architectural Services. As a result of the agreement between the City of Wylie, Collin County and the Kansas City Southern Railway, the City will have the opportunity to begin planning the expenditure of$10.5 million in federal, state and county funds for projects along S.H. 78, F.M. 544 and the Cottonbelt Railway Corridor. This request will fund the professional services required to effectively coordinate these projects. The approved professional services contract is for a duration of one year for an amount not to exceed $50,000. The General Fund and Utility Fund will share the costs of the project equally. • $250,000 for Sewer Projects. This funding is for the sewer line relocation at the old service center necessitated by the relocation of the Kansas City Southern Railway line. Attachment 3 ♦ $100,000 for Water Projects. This funding is for the water line relocation on the south side of FM544 west of Hooper due to the widening of the highway. Attachment 3 PROPOSED FISCAL YEAR 1999 MID-YEAR BUDGET AMENDMENTS NARRATIVE OTHER FUNDS COMMUNITY PARK FUND $15,500 in Transfer from General Fund. The Community Park Fund had accumulated a deficit fund balance of$11,884 as of the end of fiscal year 1998 and it is estimated that expenditures will again exceed revenues in FY99 by approximately $3,600. An operating transfer from the General Fund is needed to correct the deficit fund balance and to fund the shortfall of revenues over expenditures for FY99. 4B CAPITAL PROJECT FUND $103,732 in Intergovernmental Revenue. This revenue is WISD's contribution to the cost of the joint-use parking lot constructed at Founders Park adjacent to Wylie High School. SERVICE CENTER FUND $6,320 in Transfers from General Fund. At its April 13, 1999, meeting, the City Council approved a contract with Morrow Construction for $118,314 for the construction of additional concrete flatwork at the Municipal Service Center. The balance in the Service Center Fund is approximately $112,000. This flatwork is a portion of the original Phase I of the project that was delayed because cost estimates exceeded available funding. FIRE STATION FUND $19,009 in Transfers from General Fund. The General Fund transferred $60,750 to the Fire Station Fund in FY98 for the purchase of the land on which the new fire station is situated. The cost of the land was approximately $76,250. This transfer will cover the total cost of the land and about $3,500 of unanticipated expenditures. FLEET REPLACEMENT FUND $24,760 for Motor Vehicles. These funds will be used to purchase two pickup trucks for use by the Community Development Department. This department has requested the addition of two inspector positions to its staff. The Community Development Department will repay the Fleet Replacement Fund for the unscheduled purchase of these vehicles by making contributions at twice the normal rate over 7 years in order to pay for the trucks and to accumulate funds for their eventual replacements. Attachment 4 COMMUNITY SERVICES ENHANCED SERVICES REQUEST As we are all aware, the City of Wylie is on the verge of experiencing a dramatic compositional change. Realizing this fact and knowing that the community development process is relationship driven, it is essential that the community development and planning function maintain its integrity in the development review and inspection process. The intent of the review and inspection process is to facilitate the promotion of the health, safety,morals, and general welfare of the city. The basic premise is to ensure consistency of the quality and type of development within the city and, therefore, provide current property owners and businesses some level of comfort regarding future development. The key to implementing policies and controls charged with managing growth will be consistency within the development review and inspection process. More clearly stated, effectiveness will be a direct result of solid implementation. As the City Manager's Office, City Council, and staff have previously discussed, there are many improvements that need to be made within the City of Wylie's Community Development Department. Specifically,the City Manager's Office has emphasized the delivery of higher quality and more consistent service, and the communication of accurate information to our customers. We are confident that an expanded Community Development service program will prove to be an asset as we embark on our venture to address the concerns of our citizenry and ensure the community is prepared to meet the many challenges associated with managing growth and development. The City Manager has already begun to address these issues through reorganization efforts merging the Planning and Community Development Departments, initiating the development of a comprehensive code enforcement program, and emphasizing the professional development of departmental personnel. As a result and in order to accommodate current and projected activity levels, the Community Development Department is requesting an expanded level of service encompassing 2 1/2 new positions. Specifically, the Community Development Department is requesting that the following positions be created: 1. One full time Code Enforcement Officer 2. One part time Code Enforcement/Building Inspection Clerk 3. One full time Building Inspector Attachment 4 Other Considerations: Building Inspections The increasing levels of permit activity, as well as a continued desire to maintain a superior inspection department, necessitates the increase in inspection staff. So far in fiscal 1999, the City of Wylie has issued more permits in all the major categories except two. Commercial permits have remained the same, with three permits having been issued to date in fiscal 1998 as well as fiscal 1999. Electrical permits are down from 58 in 1998 to only 23 in fiscal 1999. This can be attributed to the reduction of mobile home activity, as the majority of the mobile home parks are now near capacity. All other categories of permits -- Single Family Dwellings (SFD), Swimming Pools, Mechanical,Plumbing, and Certificate of Occupancy(C. O.) --have increased in comparison to last year at this time. The following chart summarizes permit activity: PERMIT ACTIVITY PERMIT 1998 1999 SFD 92 153 Pools 0 11 Mechanical 4 9 Plumbing 43 44 C.O. 10 23 At the current pace, the number of SFD permits issued in 1999 is projected to be 367 which is 80 more than the 1998 total of 287. SFD permits are used for criteria because their similarities in inspection requirements and average times and frequencies do not vary as much as in commercial projects. The difference in the level of inspection services required for the construction of Dodd Elementary and the remodel of Hampton Cleaners is obvious. Attached is a summary of the average time spent on working an SFD from the processing of the permit to the completion of the inspection, including estimated frequency of reinspection for the various inspections. The estimated average time spent on an SFD is 9 hours of an inspector's time (see attachment).An inspector has 6 hours of inspection time available in a work day,with 2 hours a day spent in the office returning phone calls, assisting customers at the counter, filing, and processing paperwork. There is a maximum of 1,376 inspection hours available per inspector per year. This is calculated by the following formula: Attachment 4 6 hours/day X 5 days/per week X 52 weeks/year= 1,560 hours per inspector per year total 1,560 total hours (120) personal hours per year (64) paid holiday hours per year 1,376 inspection hours per inspector per year Please note these hours do not include any training hours, professional development hours, or responses for service by other departments. Using approximately 9 hours of inspection time per SFD, an inspector would be able to provide service for 153 SFD's per year (1376/9=153). Estimates previously detailed indicate the issuance of 367 SFD permits this fiscal year. Current staffing levels (2 inspectors) would allow for the inspection of 306 SFD's, creating a deficiency of 61 SFD's or 549 hours (61 X 9=549). The additional inspector hours requested are required to provide service for the additional SFD permits as well as other permits the depaititient issues. These permits include all commercial permits (new construction, remodels, and Certificates of Occupancy (C.O.), residential additions or remodels, swimming pools, signs, mechanical permits, electrical permits, plumbing permits, and health permits. In addition to the advantage of having the time to provide the desired degree of quality inspection services for the permits that the department issues, the addition of another inspector would enable the department to move toward"trade specific"inspections. "Trade specific" inspections allow for an inspector who has specific training or background in an area of construction to make inspections related to his specific background or training. The advantages of having a person with a plumbing or mechanical background making those same types of inspections are obvious. Likewise, electrical and building inspections are made by inspectors with those respective backgrounds or experience. Training can be more specifically planned for an individual in addition to cross-training by qualified individuals for the other inspectors. The quality of the inspections increases as does the quality of the product being produced, further ensuring the consistency of the quality and type of development within the city. Code Enforcement As the City Manager's Office, City Council, and staff have previously discussed, activity associated with the development and implementation of a Comprehensive Code Enforcement Program is Attachment 4 ongoing. However,based on our current level of permit service deficiencies (detailed above) and the fact that permit activity continues to increase, staff has not been able to finalize and implement the program in a timely manner. As a result, staff recommends that a full time code enforcement and a part-time clerk position be created. Staff is of the opinion that the new positions are necessary in order to expedite the implementation of a comprehensive code enforcement program, as well as to maintain its integrity as the community continues to experience growth and redevelopment. Specific goals and objectives associated with the new program and previously discussed during City Council worksessions has been included for your review. Financial Concerns: As detailed in the following table, revenues from Licenses and Permits and Development Fees increased by more than $100,000 from FY97 to FY98. Ending estimated revenues will exceed original budgeted amounts by approximately $105,000 in FY99. Approximate annual costs of funding these 3 positions in FY2000 will be $72,500. Actual Actual Budget Est FY97 FY98 FY99 FY99 Licenses and Permits 130,574 201,454 150,000 225,000 Development Fees 35,954 67,297 49,650 80,000 Total 166,528 268,751 199,650 305,000 Attachment 4 SFD - Permit and Inspections 15 mins Application& acceptance -proper form and information, plans, fee 30 mins. Plan review - zoning requirements, setbacks, reveiw file 45 mins. Inspections 25 mins. Temporary pole 40 mins. Plumbing rough- water, sewer, gas, in-slab plumbing 40 mins. Slab - foundation inspection 25 mins. Flatwork- sidewalk and drive approach 70 mins. 2nd's - framing, rough electric, plumbing topout, gas test, rough mechanical 25 mins. Meter release - inspect and release to Utilities 30 mins. Finals - electric, plumbing, mechanical, building 25 mins. Fence 25 mins. Sprinkler 305 mins. Re-Inspections 25 mins. Temporary pole (20%) 25 mins. Plumbing rough(50%) 25 mins. Slab (30%) 25 mins. Flatwork (25%) 40 mins. 2nd's (100%) 25 mins. Meter release (20%) 25 mins. Final (75%) 190 mins. TOTAL 540 minutes or 9 hours Attachment 4 Comprehensive Code Enforcement Program Goal: The achievement of voluntary code compliance through a comprehensive, coordinated, proactive code enforcement effort, with an emphasis on customer service. Objectives: 1. Manageable - The proactive efforts will be based on identified geographic areas which should be kept relatively small. 2. Team Approach - Based on the existing staffing, the most effective method of tackling a Code Enforcement Program would be by establishing two person teams, with a representative from the Planning and Fire Departments. As the program progresses, the cross-training that will naturally take place should enable a single inspector to identify and, in most cases, deal with problem areas that cross departmental lines. 3. Comprehensive - By cross-training the inspectors, the team will have the expertise to thoroughly review any given property for a variety of code violations. As an example, in the past,the City may have conducted an effective weed control enforcement effort on a site,but may not have addressed a business on that site that was in violation of the Zoning Ordinance. 4. Proactive - The identification of violations will be initiated by the code enforcement team. The program will not, however, be intended to throw the book at anyone and will have a common sense approach to the identification of violations. 5. Voluntary Compliance-An emphasis will be placed on working with individuals to achieve voluntary compliance. Many times, if an individual understands the purpose of any given code,they may be more inclined to comply. Further,by concentrating on a geographic area, individuals will be aware that their neighbors are being held to the same standards. Voluntary compliance may involve giving an individual extra time to comply. As long as a good faith effort is made, it is well worth the City's time to avoid the time it takes to issue and follow through the citation process. 6. Coordinated - A notification and tracking process will be developed among departments involved to create a simplified process which clearly communicates the identified problem/solution, and provides a contact person and a time frame for compliance. Date: April 22, 1999 Attachment 5 To: Brady Snellgrove, Finance Director From: Jim Holcomb, Purchasing Agent Subject: New Inspectors' Trucks The proposed addition of two more building inspectors to the Community Development staff will create an immediate need for two additional vehicles. The City does not currently have any surplus vehicles that I would consider suitable for these positions. Furthermore, the Texas Clean Fleet Program which mandates the conversion of government fleets to "low emission vehicles"has made it impractical to retain noncompliant surplus units in the fleet.My recommendation is to purchase two new compact pickups which can be converted to bi-fuel alternative fuel vehicles (i.e., gasoline/propane) or dedicated afv's(i.e., propane only). Through our cooperative purchasing agreement with the State of Texas, the City can currently purchase S-10 pickups on the 1999 state contract at an excellent price. The fully equipped short bed V-6 series,with the addition of an optional crossover tool box and maximum traction differential is only $11,880.00 (delivered). Should we opt for the long bed series, the purchase price is approximately$500.00 more. Since the contract only runs through June, it is unlikely that any orders will be accepted after the week of April 26, so we must act quickly if we are to take advantage of the state contract terms and obtain these vehicles in a timely manner. The estimated delivery time is late June or early July. The purchase would be funded by the Fleet Replacement Fund. Since these units were not previously budgeted, the department would have to double the replacement fee contributions to the fund in order to repay this "loan". Attachment 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 1999 BEGINNING OCTOBER 1, 1998,AND ENDING SEPTEMBER 30, 1999, BY AMENDING ORDINANCE NO. 98-26; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has heretofore adopted Ordinance No. 98-26 adopting a Budget and appropriating resources for Fiscal Year 1999 (FY 99), beginning October 1, 1998, and ending September 30, 1999; and, WHEREAS,the Staff has presented information to the Council concerning the actual income and expenses for the first half of FY 99 and made comparisons of such information to the heretofore budgeted projections; and, WHEREAS, based upon such review the Staff has recommended to the Council that certain amendments to the Budget,as hereinafter set forth,be made to facilitate operation and administration of the operations of the City for the balance of FY 99; and, WHEREAS,the Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the Council has determined that the proposed amendments to the FY 99 Budget, with the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal actions; NOW, THEREFORE,BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The proposed amendments to the FY 99 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 98-26, as summarized in Attachment 1 which is attached hereto and fully incorporated herein by reference,be, and the same hereby are, completely adopted and approved as amendments to the said FY 99 Budget. SECTION II All portions of the existing FY 99 Budget and Ordinance No. 98-26, except as specifically herein amended shall remain in full force and effect, and not be otherwise effected by the adoption of the amendatory ordinance. Attachment 6 Ordinance No. Page 2 SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 27th day of April, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION April 27, 1999 Item No. 7 Consider and act upon the approval of a contract for the Muddy Creek Regional Wastewater System between the North Texas Municipal Water District, the City of Murphy and the City of Wylie. Background The City Council had authorized the purchase of fifty-three acres of property in the vicinity of Elm Grove and Pleasant Valley Roads in July 1997 for the location of a Regional Wastewater Treatment Plant (the Plant). The City's current two (2) million gallon-per-day (MGD) capacity plant, located in the vicinity of Alanis Dr. east of S.H. 78, is exceeding its peak flow capacity. Therefore, the Texas Natural Resource Conservation Commission (TNRCC) standards require that the City of Wylie immediately begin planning for a new Plant. Negotiations began with the City of Murphy and the North Texas Municipal Water District (NTMWD) in the summer of 1998 to complete a contract for the design and construction of a Plant. The most basic premise of the contract is acceptance of a regional concept that all costs related to the construction and operation of the Plant are lower if multiple cities share the costs. The cities of Wylie and Murphy are logical partners because each contributes flow into the Muddy Creek drainage basin. The first step for the City of Wylie was to determine the future of the existing treatment plant. The City's Engineer and the NTMWD believe that the City's existing Plant can continue to provide approximately 1.7 MGD adequately for at least another ten year period of time. A financial analysis was completed to determine if it would be cost-effective to shut down the existing Plant and increase the capacity of the new Plant. The conclusion is that it would not be cost-effective. The City's debt service on the existing Plant totals $1.3 million. The operating cost efficiencies achieved from a new plant could not approach absorbing this debt burden. The next step was for the cities to determine their current capacity needs and a ten year projection in order to size the first construction phase of the Plant. The portion of the Plant size attributed to Wylie is based on residential and commercial development forecasts that were used in the 1997 Water and Wastewater Impact Fee Study, Comprehensive Land Use Plan process and the 1999 Bond Program. Determining the size of the Plant not only takes care of the actual demand, including peak flow requirements, but also the necessary excess capacity to allow the necessary time for engineering and construction for future Plant expansions. Item for Individual Consideration Wastewater Treatment Plant Contract Page 1 Background -continued Attachment A represents the existing and projected regional wastewater flows. The new Plant will be constructed as a five (5) MGD capacity. The City of Wylie's percentage of the flow is approximately two-thirds. The issues of what we are actually "buying" from the NTMWD is somewhat difficult to explain. The citizens or wastewater customers are not buying an asset or a physical Plant. Instead, the citizens of Wylie and Murphy are buying a service contract. The NTMWD is selling our community a guarantee that there will be the necessary capacity in the system to adequately serve the current and future needs of the City. Further, the City of Wylie only pays for the actual flow to the system or the minimum annual flow requirement, whichever is greater. This wastewater payment is consistent with the "take or pay" system established for the treatment of water. The issue of how the debt service payments for the new Plant are paid monthly as part of the Operating and Maintenance expense charged by the NTMWD will be discussed further in the Financial Considerations section. The NTMWD will serve as the owner, operator and permit holder for the new Plant. The NTMWD will hire the engineering firm to design the Plant, administer the process necessary to obtain the operating discharge permit from the TNRCC, and oversee the construction of the Plant. Design and permitting is expected to take up to eighteen months. Construction is anticipated to require an additional eighteen months. The permitting process will involve a series of Public Hearings that will conducted by the TNRCC locally and in Austin. This process will not begin for at least six months or after preliminary design is completed. Additional details for the schedule and the process will be communicated when the hearing dates are established. The outcome of the Public Hearings will assist the TNRCC is determining the specific design features of the Plant, including visual buffers and odor control features, as well as the effluent discharge quality. These design features will ultimately impact the final cost of the plant. Financial Considerations The estimated construction cost for the 5 MGD regional wastewater plant is approximately $7,500,000. Wylie's share of the financing based on a share of flow estimate of two thirds would be $5,000,000. The debt service on $5,000,000 would be an additional cost of about $400,000 per year. The $400,000 when coupled with the existing average annual debt of$203,800 on the Alanis plant would equal $603,800 per year. The city has a sewer pass-thru fee on all utility bills which is used to fund the debt on the existing wastewater plant. The continued use of sewer pass-thru fees would probably be the best way to fund the debt for the two plants since the fee relates directly to the debt service requirements. A two dollar ($2) per month increase in the sewer pass-thru fee applied towards existing customers (residential, apartments, mobile homes and commercial), the growth in new single family homes and use of collected impact fees should be sufficient to support the estimated debt service cost of $603,800. Item for Individual Consideration Wastewater Treatment Plant Contract Page 2 Financial Considerations - continued The estimated cost for engineering and design will be approximately $700,000. Staff proposes to pay these costs up front with impact fees and avoid having to pay interest on this expense. Other Considerations Article II, Section 1 of the City Charter establishes the power of the City to enter into contracts with other governmental entities. The contract contains thirteen sections. The contract deals with how the NTMWD will provide the facilities necessary to provide wastewater services and that the District will obtain and hold the required discharge permits. The terms of the contract call for a new point of entry to be established and how it will be metered. The agreement establishes a quality standard for the affluent discharge that is consistent with any permits received by the NTMWD. The contract also specifies how the treated effluent can be reused. The effluent generated by the Plant is owned by the system. Any proceeds from the sale of the effluent by a participant would be allocated proportionally among the participants. Specific conditions under which the District can contract with additional participants is also contained in the contract. Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of the contract. Attachment Contract r 7114,AL- e.4416) Prepared by Revie d by Finance Approved by THE STATE OF TEXAS COUNTIES OF COLLIN, DALLAS, KAUFMAN, AND ROCKWALL • NORTH TEXAS MUNICIPAL WATER DISTRICT • MUDDY CREEK REGIONAL WASTEWATER SYSTEM CONTRACT WHEREAS, North Texas Municipal Water District (the "District") is a conservation and reclamation district created and functioning under Article 16, Section 59 of the Texas Constitution, pursuant to Chapter 62, Acts of the 52nd Legislature of the State of Texas, Regular Session, 1951, as amended, (the "District Act"), with the authority to provide and develop a regional system for wastewater treatment in the general area of portions of the Trinity River lying in Collin County; and WHEREAS, there have been prepared for and filed with the District the following: Report on a Proposed Regional Wastewater System for the Cities of Wylie and Murphy, Collin County, Texas, dated , 1998, by , Consulting Engineers, Dallas, Texas (the "Engineering Report"); and WHEREAS,the parties hereto wish to further implement the Engineering Report and provide for the acquisition,construction,improvement,operation and maintenance of a Regional Wastewater System(as further defined herein,the"System")for the purpose of providing facilities to adequately receive, transport, treat, and dispose of Wastewater; and WHEREAS, the parties hereto are entering into this contract in order to control water pollution, and protect, improve, and enhance the water quality of the Trinity River and the water supplies impounded therein; and WHEREAS,each of the Cities of Wylie("Wylie")and Murphy("Murphy")in Collin County, presently owns, operates, and maintains its respective combined waterworks and sanitary sewer systems; and WHEREAS,Wylie and Murphy have deemed it necessary and desirable to contract with the District to provide for the acquisition, construction, improvement, operation and maintenance of the System to achieve efficiencies of cost and operation; and WHEREAS, the District has been and is willing to accept the responsibility of providing improved waste treatment in the service area to protect water quality and develop reuse potential; and WHEREAS, the District, Wylie and Murphy are authorized to make and enter into this Contract under the District Act, Chapter 30, Texas Water Code, as amended, and other applicable laws; and WHEREAS, the parties hereto recognize these facts: (a) That the District will use the payments to be received under this Contract and similar contracts, if any, for the payment of Operation and Maintenance Expense of the System and for the payment of the principal of, redemption premium, if any, and interest on its Bonds, and to establish and maintain debt service reserves and other funds if and as provided in any Bond Resolution;and that the revenues under such contracts will be pledged to such purposes; and (b) That contracts similar to this instrument may be executed between the District and subsequent Additional Participants; and (c) That the District will issue Bonds from time to time in the future to acquire, construct, extend, enlarge, improve, and/or repair the System. NOW, THEREFORE, the District and Wylie ane Murphy hereby contract and agree as follows: ARTICLE I DEFINITIONS Section 1.01. DEFINITION OF TERMS. In addition to the definitions stated in the preamble hereof,the terms and expressions as hereinafter used in this contract,unless the context clearly shows otherwise, shall have the following meanings: (a) "Additional Participants" means any Person or Persons in addition to Wylie and Murphy with which the District makes a contract for receiving,transporting,treating, and/or dispos- ing of Wastewater through the System. (b) "Adjusted Annual Payment" means the Annual Payment, as adjusted in accordance with Section 5.03 of this Contract during or after each Fiscal Year. (c) "Annual Payment" means the amount of money estimated as provided in Section 5.03 of this Contract to be paid to the District by Participants as their proportionate share of the Annual Requirement. (d) "Annual Requirement" means the total amount of money required for the District to pay all Operation and Maintenance Expense ofthe System and to pay the principal of,and redemption premium, if any, and interest on its Bonds, including all charges and expenses of the paying agents and registrars for its Bonds,and to pay any amounts required to be deposited in any special or reserve funds, including a debt service reserve fund and a repair and-replacement fund, as required to be established and/or maintained by the provisions of any Bond Resolution. 2 (e) "Bond Resolution" means any resolution of the Board of Directors of the District authorizing the issuance of Bonds and providing for their security and payment, as such resolution(s) may be amended from time to time as therein permitted. (f) "Bonds" means any bonds, notes, or other obligations to be issued by the District pursuant to this Contract for the acquisition, construction, enlargement, improvement, extension, repair, or replacement of the System or any part thereof, whether in one or several issues, or any Bonds issued by the District to refund any or all of same. (g) "Contingency Fund" means the fund by that name established in Section 5.03(g) hereof. (h) "Contract", or "this contract", means this contract among Wylie ane Murphy and the District and all similar contracts, if any, executed between the District and Additional Participants. (i) "District's System", "Regional System", "Regional Wastewater System",or"System" means all of the District's facilities acquired, constructed, used, or operated by the District for receiving,transporting,treating,and disposing of Wastewater of and for Participants,pursuant to this Contract (but excluding any facilities acquired or constructed with Special Facilities Bonds, and excluding any facilities required to transport Wastewater to any Point of Entry of the System), together with any improvements, enlargements, or additions to the System facilities and any extensions, repairs, or replacements of the System facilities acquired, constructed, used, operated, or otherwise incorporated into or made a part of the System facilities in the future by the District. Said terms shall include only those facilities which are acquired, constructed, used, or operated by the District to provide service to Participants pursuant to this Contract, and which, as determined by the District, can economically and efficiently provide service to Participants. Said terms do not include any District facilities which provide Wastewater services of any kind to Persons which are not Participants, nor do they in any way include or affect the District's water supply system. (j) "Fiscal Year" means the twelve (12) month period beginning each October 1 and ending the following September 30, or such other twelve (12) month period as may be established in the future to constitute the District's Fiscal Year. (k) "Local Wastewater Facilities" means the waste collection and treatment facilities owned and operated by The Participants. (1) "Participants" means Wylie, Murphy and all Additional Participants. (m) "Participant" means any of the Participants. (n) "Person" shall have the meaning set forth in the Texas Code Construction Act, Chapter 311, Texas government Code, as amended. (o) "Operation and Maintenance Expense" means all costs of operation and maintenance of the System including, but not limited to, repairs and replacements for which no special fund is created in a Bond Resolution,the cost ofutilities,supervision,engineering,accounting,auditing,legal 3 services, insurance premiums, and any other supplies, services, administrative costs, and equipment necessary for proper operation and maintenance of the System, any payments required to be made hereunder into the Contingency Fund, payments made for the use of operation of any property, payments of fines, and payments made by the District in satisfaction of judgments or other liabilities resulting from claims not covered by the District's insurance or not paid by one particular Participant arising in connection with the operation and maintenance of the System. Depreciation shall not be considered an item of Operation and Maintenance Expense. (p) "Point of Entry" means any point at which Wastewater enters System, as shown on Exhibit A hereto and/or such additional or alternate points as may be agreed upon between the District and the Participant. (q) "Special Facilities Bonds", means revenue obligations of the District which are not secured by or payable from Annual Payments under this Contract,but which are payable solely from other sources; but Special Facilities Bonds may be made payable from payments from any Person, including any Participant, under a separate contract whereunder the facilities to be acquired or constructed are declared not to be part of the System and are not made payable from the Annual Payments as defined in this Contract. (r) "Wastewater"means Sewage,Industrial Waste,Municipal Waste,Recreational Waste, and Agricultural Waste, as defined in Chapter 26, Texas Water Code, as amended, together with properly shredded garbage, and such infiltration water that may be present. ARTICLE II PROVIDING OF FACILITIES BY THE DISTRICT Section 2.01. FACILITIES AND INITIAL CONTRACT. In order to provide services for receiving, transporting, treating, and disposing of Wastewater for Participants, the District will use its best efforts to design, acquire, construct, and complete the System, as generally described in the Engineering Report with respect to Wylie and Murphy, and as generally described in appropriate additional engineering reports hereafter to be obtained with respect to any Participant and will operate and maintain the System, and from time to time enlarge, improve, repair, replace, and/or extend the System to provide service to the Participants. The District shall obtain and hold in its name all required discharge permits from the appropriate Federal and State agencies,and each Participant shall assist the District in obtaining same. The District shall provide, manage, operate, and maintain the System in such manner as it determines is necessary for providing adequate, efficient, and economical service to Participants, and shall have the right to provide single plants, multiplants, or combine two or more plants, and to use or discontinue the use of any facilities of the System as the District deems necessary. 4 ARTICLE III DISCHARGE OF WASTEWATER AND METERING Section 3.01. DISCHARGE. In consideration of the payments to be made under its respective contract with the District, each of the Participants have and shall have the right to discharge all of its Wastewater from its respective sewer system into the District's System, provided that such Wastewater meets the requirements for quantity and quality as set forth in its respective contracts with the District;and further provided that, as to Wastewater from areas not currently being served by the Plant, the District is able to obtain permits for the treatment and discharge of such quantity and quality of Wastewater and that discharge of such Wastewater to the System may be made only after notice by the District that it is ready to receive the same pursuant to this Contract. Section 3.02. POINT OF ENTRY. Each Participant may discharge all such Wastewater generated from such Participant's sewer system into the designated Point or Points of Entry for such Participant. Section 3.03. CONVEYANCE TO POINT OF ENTRY. It shall be the sole responsibility of each Participant to transport, or cause to be transported, at no cost to the other Participants, its Wastewater to its Point or Points of Entry. Section 3.04. QUANTITY AT POINT OF ENTRY. (a) The quantity of Wastewater conveyed to the Point or Points of Entry shall be metered by the District and the total annual contributing flow of Wastewater received during any Fiscal Year shall be used to determine each Participant's Annual Payment and the Basic Charge for service as set forth in Article V. (b) The maximum discharge rate is defined as a rate in million gallons per day(MGD), exceeded for a period of sixty minutes,which, if continued over a period of 24 hours,would be equal to 3.50 times the Participant's average daily flow during that Fiscal Year. (c) Any Participant exceeding the maximum discharge rate shall have a surcharge applied to the next Fiscal Year's Annual Payment equal to 1% of the Annual Payment in that Fiscal Year for each Ul Oth that the ratio of the maximum discharge to the average daily flow exceeds 3.50. Section3.05. LIABILITY FOR DAMAGES AND RESPONSIBILITYFORTREATMENT AND DISPOSAL OF WASTEWATER. Liability for damages arising from the reception, transportation, delivery, and disposal of all Wastewater discharged shall remain in each Participant to Points of Entry,and upon passing through the District's meters installed at Points of Entry,liability for such damages shall pass to the District. As between the District and each Participant, each party agrees, to the full extent permitted by law,to indemnify and to save and hold the other party harmless from any and all claims, demands, causes of action, damages, losses, costs, fines, and expenses, including reasonable attorney's fees,which may arise or be asserted by anyone at any time on account of the reception, transportation, delivery, and disposal while Wastewater is in the control of such responsible party, or on account of a prohibited discharge by a Participant. The District has the 5 responsibility as between the parties for the proper reception, treatment, and disposal of all Wastewater, but not for prohibited discharges passing through any Point of Entry. Section 3.06. METERING. The District will furnish, install, operate and maintain at its own expense at each Point of Entry the necessary equipment and devices of standard type for measuring properly all Wastewater to be discharged into the System by Participants. Such meters and other equipment shall remain the property of the District. Each Participant shall have access to such metering equipment at all reasonable times for inspection and examination, but the reading, cali- bration, and adjustment thereof shall be done only by employees or agents of the District in the presence of a representative of the Participant if requested by such Participant. All readings of meters will be entered upon proper books of record maintained by the District. Upon written request the Participant may have access to said record books during reasonable business hours. Not more than three times in each year of operation, the District shall calibrate its meters, if requested in writing by a Participant to do so, in the presence of a representative of such Participant, and the parties shall jointly observe any adjustments which are made to the meters in case any adjust- ment is found to be necessary. If, for any reason, any meters are out of service or out of repair, or if, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five (5%) per cent, registration thereof shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half(1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. Each Participant may, at its option and its own expense, install and operate a check meter to check each meter installed by the District, but the measurement for the purpose of this agreement shall be solely by the District's meters. Section 3.07. UNIT OF MEASUREMENT. The unit of measurement for Wastewater delivered hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure. ARTICLE IV QUALITY Section 4.01. GENERAL. Each Participant agrees to limit discharge into the District's System to Wastewater that complies with quality requirements the District finds it necessary from time to time to establish in order to meet standards imposed by regulatory agencies having appropriate jurisdiction or to protect the water quality for water supply purposes. No discharge shall be made into the System which would cause the District to violate any permit granted, or any rule or regulation promulgated,by any State or Federal agency having jurisdiction over the District. Each Participant specifically covenants that it will enact and enforce procedures which will prohibit or prevent customers of its sewer system from making any discharge which would cause such Participant to violate the provisions of this contract or any applicable State or Federal permit, law, rule, or 6 regulation. To enable the highest degree of treatment in the most economical manner possible, certain solids,liquids,and gases have been and are hereby prohibited from entering the System, either absolutely or in excess of established standards, and the prohibited discharges will be listed and furnished to all Participants,with a minimum of sixty days of notice before the effective date thereof. Section 4.02. NORMAL QUALITY. To determine normal quality of Wastewater, the District will collect twenty-four(24) hour composite samples of Wastewater at each Point of Entry and cause same to be analyzed in accordance with testing procedures as set forth in the latest edition of Standard Methods of Examination of Water and Wastewater,published by American Public Health Association, Inc. Composite samples will normally be taken once a month, or at more frequent intervals if necessary to determine Wastewater quality. Such Wastewater shall not exceed the limits of concentration specified for Normal Wastewater as follows: Normal Wastewater Concentration BOD 275 mg/1 SS 300 mg/1 pH not less than 6 nor greater than 9 Hydrogen Sulfide 0.1 mg/1 Should the analysis disclose concentrations higher than those listed, the District will at once inform the Participant of such disqualification. With approval of the District, Wastewater with concentrations ofBOD and SS greater than normal may be discharged into System with the payment of a surcharge,which shall be in addition to the basic charge as outlined in Article V of this contract, and this surcharge shall be sufficient to cover and pay for the additional cost of treatment. ARTICLE V PAYMENTS Section 5.01. FINANCING. The District will issue its Bonds, in amounts and at times as determined by the District, to provide the System. Section 5.02. ANNUAL REQUIREMENT. It is acknowledged and agreed that payments to be made under this Contract will be the only source available to the District to provide the Annual Requirement; and that the District has a statutory duty to establish and from time to time to revise the charges for services to be rendered and made available to Participants hereunder so that the Annual Requirement shall at all times be not less than an amount sufficient to pay or provide for the payment of: (a) An "Operation and Maintenance Component" equal to the amount paid or payable for all Operation and Maintenance Expense; and (b) A "Bond Service Component" equal to: 7 (I) the principal of; redemption premium, if any, and interest on, its Bonds, as such principal, redemption premium, if any, and interest become due, less interest to be paid out ofBond proceeds if permitted by any Bond Resolution; and (2) during each Fiscal Year, the proportionate part of any special or reserve funds required to be established and/or maintained by the provisions of any Bond Resolution; and (3) an amount in addition thereto sufficient to restore any deficiency in any of such funds required to be accumulated and maintained by the provisions of any Bond Resolution; and (4) the charges of paying agents and registrars for paying principal of, redemption premium, if any, and interest on, all Bonds, and for registering and transferring Bonds. Section 5.03. PAYMENTS BY PARTICIPANTS. (a) For services to be rendered to each Participant by the District under this Contract and other similar contracts, if any, each Participant has agreed to pay, at the time and in the manner hereinafter provided, its proportionate share of the Annual Requirement, which shall be determined as hereafter described and shall constitute a Participant's Annual Payment or Adjusted Annual Payment. For the Fiscal Year beginning on October 1, 1998, and for each Fiscal Year thereafter each Participant's proportionate share of the Annual Requirement shall, subject to the subsequent provisions hereof, be a percentage obtained by dividing such Participant's estimated contributing flow to the System by the total estimated contributing flow to the System by all Participants during such Fiscal Year or portion thereof. The calculation of each Annual Payment as determined herein, and each Adjusted Annual Payment, shall be determined as provided in this Section. The terms "contributing flow to the System" and "contributing flow" as used in this Contract with respect to any Fiscal Year, commencing with the Fiscal Year beginning October 1, 1999, shall mean the greater of(i)the actual metered contributing flow of a Participant or(ii)the minimum annual contributing flow for which a Participant has agreed to pay, which minimum annual contributing flow for Wylie and Murphy are as follows: Wylie m.g.d. Murphy m.g.d. Each Participant's Annual Payment shall be calculated by the District by multiplying such Participant's estimated percentage of the estimated total contributing flow times the Annual Requirement. Each Participant's Annual Payment shall be made to the District in monthly installments, on or before the twentieth(20th) day of each month, for its required part of the Annual Requirement for each Fiscal Year, commencing with the Fiscal Year beginning October 1, . Such payments shall be made in accordance with a Schedule of Payments for each Fiscal Year which will be supplied to each Participant. At the close of the Fiscal Year which commenced on October 1, and for each Fiscal Year thereafter, the District shall redetermine each Participant's percentage by dividing each Participant's contributing flow to the System by the total contributing flow of all Participants. Each Participant's Adjusted Annual Payment shall be calculated by multiplying each Participant's 8 redetermined percentage times the Annual Requirement. The difference between the Adjusted Annual Payment and the Annual Payment, if any, when determined, shall be applied as a credit or a debit to each Participant's account with the District and shall be credited or debited to such Participant's next subsequent monthly payment or payments. (b) If a Participant fails to pay its monthly charge on or before the twentieth (20th) day of any month, it shall incur and pay a penalty of fifteen percent of the amount due together with any legal or other costs incurred by the District in collecting the amount due. The District is authorized to discontinue service to any Participant which fails to make any monthly payment, and which, after written notice, does not make such payment. (c) If, during any Fiscal Year, the District begins providing services to an Additional Participant, each Participant's Annual Payment for such Fiscal Year shall be redetermined consistent with the provisions of this contract. (d) Each Participant's Annual Payment also shall be adjusted and redetermined for the balance of any applicable Fiscal Year, consistent with the provisions of this contract, and initially based on estimated contributing flow, at any time during any Fiscal Year if: (i) Additions, enlargements, repairs, extensions, or improvements to the System are placed in service by the District which require an increase and redetermination of the Annual Requirement; or (ii) Unusual or extraordinary expenditures for operation and maintenance of the System are required which are not provided for in the Annual Budget or in a Bond Resolution; or (iii) A Participant's contributing flow to the System,after the beginning of the Fiscal Year, is estimated to be substantially different from that on which Annual Payments are based as determined by the District, to the extent that such difference in flow will substantially affect such Participant's Budget, and consequently such Participant's Annual Payment to the District; or (iv) The District issues additional Bonds, the payments in connection with which require an increase and redetermination of the Annual Requirement; or (v) It appears to the District that for any other reason it will not receive the full amount of the Annual Requirement unless such adjustment and redetermination are made. (e) The District shall give all Participants at least 21 days written notice prior to consideration by the Board of Directors of the District of making any Adjusted Annual Payment for any Participant during any Fiscal Year. (f) The Annual Payment set forth in this section shall be considered the Basic Charge for service hereunder, and each Participant shall pay a surcharge for excess BOD and/or SS as provided in Section 4.02, and for excessive discharge in the manner set forth in Section 3.04(c). 9 (g) The District shall establish and maintain a separate fund entitled the "North Texas Municipal Water District - Muddy Creek Regional Wastewater System Contingency Fund." The Contingency Fund shall be used solely for the purpose of paying unexpected or extraordinary Operation and Maintenance Expenses ofthe System for which funds are not otherwise available under this Contract. The Contingency Fund shall initially be funded, and any subsequent deficiency shall be restored, with amounts included as Operation and Maintenance Expenses in the Annual Budget, not to exceed $ for any Fiscal Year, up to a maximum of $ . So long as the Contingency Fund contains money and investments not less than $ in market value, any surplus in the Contingency Fund shall be applied and credited towards the payment of Operation and Maintenance Expenses. (h) The facilities and services of the System to be provided to each Participant pursuant to this Contract are and will be essential and necessary to the operation of such Participant's combined waterworks and sanitary sewer system, and all payments to be made hereunder by each Participant will constitute reasonable and necessary "operating expenses" of such Participant's combined waterworks and sanitary sewer system, within the meaning of Section 30.030, Texas Water Code, as amended, and Article 1113, Vernon's Texas Civil Statutes, and the provisions of all ordinances authorizing the issuance of all waterworks and sanitary sewer system revenue bond issues of such Participant, with the effect that such Participant's obligation to make payments from its waterworks and sanitary sewer system revenues under this Contract shall have priority over its obligations to make payments of the principal of and interest on any and all of its waterworks and sanitary sewer system revenue bonds. Each Participant agrees to fix and collect such rates and charges for waterworks and sanitary sewer system services to be supplied by its waterworks and sanitary sewer system as will make possible the prompt payment of all expenses of operating and maintaining its entire waterworks and sanitary sewer system, including all payments, obligations, and indemnities contracted hereunder, and the prompt payment of the principal of and interest on its bonds payable from the net revenues of its waterworks and sanitary sewer system. The District shall never have the right to demand payment of the amounts due hereunder from funds raised or to be raised from taxation by a Participant. Each Participant's payments hereunder shall be made pursuant to the authority granted by Section 30.030, Texas Water Code, as amended, and Article 1113, Vernon's Texas Civil Statutes. Recognizing the fact that the Participants urgently require the facilities and services covered by this Contract,and that such facilities and services are necessary for actual use and for stand-by purposes; and further recognizing that the District will use the payments received from the Participants hereunder to pay, secure, and finance the issuance of its Bonds, it is hereby agreed that the Participants shall be obligated unconditionally, and without offset or counterclaim, to make the payments designated as the"Bond Service Component"ofthe Annual Requirement,in the manner provided in this Contract, regardless of whether or not the District actually provides such facilities and services, or whether or not any Participant actually receives or uses such facilities and services, and regardless of the validity or performance of the other parts of this or any other contract, and such "Bond Service Component" shall in all events be applied and used for providing debt service and other requirements of the Bonds, and the holders of the Bonds shall be entitled to rely on the foregoing agreement and representation,regardless of any other agreement between the District and the Participants. Each Participant further agree that it shall be obligated to make the payments desig- nated as the "Operation and Maintenance Component" of the Annual Requirement as described in Section 5.02 of this Contract, so long as the District is willing and able to provide the facilities and services contemplated hereunder to any Participant. 10 (i) On or before August 1 of each year, commencing August 1, , the District will furnish each Participant with a tentative budget and an estimated schedule of monthly payments to be made by such Participant for the ensuing Fiscal Year. On July 1 of each year, commencing July 1, 1999, the District shall be in a position to furnish any Participant an estimate of the Participants's annual requirement. On or before October l of each year, commencing October 1, , the District shall furnish such Participant with a finalized schedule of the monthly payments to be made by such Participant to the District for the ensuing Fiscal Year. Each Participant agrees that it will make such payments to the District on or before the twentieth (20th) day of each month of such Fiscal Year. If any Participant shall dispute the Annual Budget, and proceed as provided in Article VII, such Participant nevertheless promptly shall make the payment or payments determined by the District,and if it is subsequently determined by agreement that such disputed payments made by such Participant should have been less, the District shall promptly revise, reallocate, and readjust the charges among all Participants then being served by the District in such manner that such Participant will recover its overpayment. In the event any Participant is assessed a surcharge for excess BOD and/or SS, the District will bill such Participant for such surcharge on or before the tenth (10th) day of the month following the determination of the surcharge and such Participant shall pay such surcharge on or before the twentieth(20th)day of the month of receipt of any such bill. Any such surcharge collected by the District shall be applied by the District against the total cost of Operation and Maintenance Expense of the System. (j) If any Participant's Annual Payment is redetermined as is herein provided,the District will promptly furnish such Participant with an updated schedule of monthly payments reflecting such redetermination. (k) All interest income earned by the investment of any Funds created pursuant to any Bond Resolution shall be credited towards the payment of the Bond Service Component and taken into account in determining the Annual Requirement; except that as to any Acquisition or Construction Fund created from any Bond proceeds all interest income earned by the investment thereof may, at the option of the District, be credited to such Acquisition or Construction Fund and used for the System purposes for which the Bonds are issued, or be credited towards the payment of the Bond Service Component. Section 5.04. USE OF OTHER REVENUES OF SYSTEM. (a) If the District receives any net income from the sale of treated Wastewater from the System prior to its discharge into a public stream of the State of Texas, the District will apply and credit said net income towards payments of Operation and Maintenance Expenses. (b) Notwithstanding any other provisions of this Contract, the District may provide any excess available capacity or service of the System to any Person (as defined by the Texas Water Code);provided that such service does not interfere with or impair the rights of any Participant under this Contract, and any such service shall in all events be subordinate and subject to such rights; and provided further that the District must charge for such service in amounts at least sufficient to pay all Operation and Maintenance Expense attributable thereto plus an amount which will produce an estimated reasonable allocation as determined by the District, plus an additional amount of not less than 20% of the foregoing to cover prior incurred costs, to be credited to the Bond Service Com- ponent of the Annual Requirement. The District is not authorized to issue Bonds, as defined in this 11 Contract, to provide the services of the System to any persons other than Participants (including Additional Participants). ARTICLE VI GENERAL PROVISIONS Section 6.01. FORCE MAJEURE. In case by reason of"Force Majeure" the District or any Participant shall be rendered unable wholly or in part to carry out its obligations under this agreement, then if such party shall give notice and full particulars of such"Force Majeure"in writing to the other parties within a reasonable time after occurrence of the event or cause relied on,the obligation of the party giving such notice, so far as it is affected by such Force Majeure (with the exception of the obligation of each Participant to make the payments required in Section 5.03 of this Contract, which in all events shall be made as provided therein) shall be suspended during the continuance of the inability then claimed, but for no longer periods, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term"Force Majeure"as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority,insurrections,riots, epidemics,landslides,lightning,earthquakes,fires,hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions,breakage or accidents to machinery, pipe lines or canals, partial or entire failure of water supply, and inability on the part of a Participant to provide water necessary for operation of its water and Local Wastewater Facilities hereunder, or of the District to receive Wastewater on account of any other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Section 6.02. INSURANCE. The District will carry insurance(including self-insurance)for such purposes and in such amounts as are determined by the District to be necessary or advisable. Section 6.03. REGULATORY BODIES. This Contract shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Texas, or any authorized representative or agency of any of them. Section 6.04. EFFLUENT REUSE: (a) The District will make the effluent discharge from its Wastewater treatment plants available for any lawful and beneficial reuse purpose, and a charge shall be made to the customer receiving such effluent sufficient to cover any additional cost involved in providing the service, plus a reasonable portion of the cost of treating the Wastewater which produced such effluent; provided that such portion of the cost allocable to treatment shall not be re- quired to exceed an amount which would, in the judgment of the District, render the use of such effluent by a customer economically infeasible. 12 (b) Notwithstanding the provisions of subsection 6.04(a), each Participant shall have the first right to use all effluent produced from its Wastewater for reuse solely for its own municipal purposes without any charge except for any additional costs to the District necessary to provide the effluent for such municipal use. Section 6.05. ANNUAL AUDIT OF SYSTEM. The District shall, at the close of each Fiscal Year, commencing with the fiscal year beginning October 1, , cause an annual audit of the System to be prepared. Section 6.06. PUBLICATIONS, REFERENCE WORKS, GOVERNMENTAL REGULATIONS. In each instance herein where reference is made to a publication, reference work or Federal or State regulation, it is the intention of the parties that at any given time the then current edition of any such publication of reference work or Federal or State regulation shall apply. If a publication or reference work is discontinued or ceases to be the generally accepted work in its field or if conditions change or new methods or processes are implemented by the District, new standards shall be adopted which are in compliance with State and Federal laws and any valid rules and regulations issued pursuant thereto. Section 6.07. OPERATION OF THE SYSTEM. The District covenants that it will operate and maintain the System in accordance with accepted good business and engineering practices. ARTICLE VII DISTRICT ANNUAL BUDGET Section 7.01. FILING WITH PARTICIPANT. (a) Not less than sixty(60)days before the commencement of each Fiscal Year while this Contract, is in effect, the District shall cause its tentative budget for operation and maintenance of the System for the ensuing Fiscal Year to be prepared and a copy thereof filed with each Participant. If no protest or request for a hearing on such tentative budget is presented to the District within thirty (30) days after such filing of the tentative budget by one or more Participants, the tentative budget for the System, when adopted by the District's Board of Directors, shall be considered for all purposes as the "Annual Budget" for the ensuing Fiscal Year. But if a protest or request for a hearing is duly filed, it shall be the duty of the District to fix the date and time for a hearing on the tentative budget. The Board of Directors of the District shall consider the testimony and showings made in such hearing. The Board of Directors of the District may adopt the budget or make such amendments thereof as to it may seem proper. The budget thus approved by the Board of Directors of the District shall be the Annual Budget for the next ensuing Fiscal Year. (b) The Annual Budget may be amended to provide for transfers of budgeted funds between expenditure accounts, provided however that said transfers do not result in an overall in- crease in budgeted funds as provided in the Annual Budget. The Annual Budget may be amended and increased through formal action by the Board of Directors of the District,if required. Certified copies of any amended Annual Budget and the resolution authorizing same shall be filed immediately by the District with each Participant. 13 ARTICLE VIII • THE SYSTEM Section 8.01. INITIAL FACILITIES OF THE SYSTEM. (a) The System shall initially consist of more fully described in Exhibit B hereto (the "Initial Facilities"). (b) As permitted and authorized by Chapter 30, Texas Water Code, as amended, and other provisions of law, the District and the Participants agree that this Contract shall constitute an operating agreement with respect to the Initial Facilities and which on the date of this Contract con- stituted a part of the Local Wastewater Facilities of The District shall and is hereby granted by the sole and exclusive right to manage, administer, operate, maintain, and use the Initial Facilities as part of the System, subject to the provi- sions and during the term ofthis Contract,and in consideration thereof;the District has agreed to pay to , in each of the Fiscal Years, respectively, the annual amounts, respectively, as set forth in the following schedule: EACH FISCAL YEAR ANNUAL ENDING SEPTEMBER 30: AMOUNT: Such payments shall constitute a part of the fixed Operation and Maintenance Expenses of the System, and the District shall include such amount in each Annual Budget,to be paid, along with all other items of Operation and Maintenance Expenses, according to the formulae and methods provided in this Contract for the payment of the Annual Requirement. (c) Upon the execution of this Contract, all other agreements, contracts, and other arrangements, if any, between the District and with respect to the Initial Facilities shall be void and of no further force or effect, and this Contract shall supersede the same and become the sole and entire present agreement between the parties with respect thereto. Except as provided in the preceding sentence, nothing contained in this Contract shall in any way affect any payments to the District by a Participant or rates charged by the District to such Participant for the providing ofwater, wastewater or other services or facilities pursuant to other contractual relationships between the District and such Participant. Section 8.02. DISTRICT CONTRACTS WITH ADDITIONAL PARTICIPANTS. (a) The District reserves the right to contract with subsequent Additional Participants to provide the services of the System to such Additional Participants; provided that the terms and provisions of such contracts with Additional Participants shall be, to the extent practicable and applicable, the same as the terms and provisions of this Contract except that with respect to any Local Wastewater Facilities 14 of such Additional Participant which are to be acquired, operated, or used by the District as a part of the System as a result of such contract, the District and the Additional Participant may agree in such contract for mutually acceptable payments in connection therewith from Bond proceeds or as an Operation and Maintenance Expense of the System (provided that in any formula used for determining such payments,the value attributed to such Local Wastewater Facilities shall not exceed a sum equal to the principal amount of all then outstanding bonds or other obligations issued by the Additional Participant to acquire and construct such Local Wastewater Facilities), and except that such contract shall provide for payments calculated on the basis of adequate minimum flows as hereinafter provided. The District shall not enter into contracts for any services by the System except with persons which become Additional Participants, or as otherwise provided in this Contract. (b) A Person may become an Additional Participant in the following manner and under the following conditions; (i) A formal request must be submitted to the District furnishing information on the area to be served, a description of existing facilities, and the latest annual audit of such proposed Additional Participant's waterworks and/or sewer systems, if any. (ii) Such proposed Additional Participant must provide funds for any necessary engineering studies if funds are not available from the appropriate Federal or State agencies. The preliminary studies must determine or estimate, for the ensuing five year period, the size and type of any proposed facilities, their estimated cost, and estimated flows of Wastewater, so as to enable the District to ascertain or estimate the requirements of the proposed Additional Participant for the ensuing five year period. (iii) After all preliminary data is developed,the Board of Directors of the District shall call a hearing and notify all Participants to review the request of the proposed Additional Participant. The Board of Directors of the District then shall determine if the proposed Additional Participant shall become a Participant. (c) Each Additional Participant must agree to make minimum payments under its contract, on the basis of estimated annual minimum flows, that would provide amounts annually at least sufficient, as determined by the District, to pay: (i) all of the annual Operation and Maintenance Component of the Annual Requirement which is attributable to any Local Wastewater Facilities of such Additional Participant which are to be acquired, operated, used, or improved by the District as part of the System and any other new and additional facilities of the System provided and designated by the District to serve such Participant, less any amount thereof attributable to the use of any part of said facilities for the benefit of any other Participant; and (ii) an amount (to be credited and applied to the Bond Service Component of each Annual Requirement), at least equal to: 15 (A) all of that part of the Bond Service Component of each future Annual Requirement attributable to Bonds issued to acquire or improve any existing Local Wastewater Facilities of such Additional Participant to be a part of the System, and all Bonds issued to provide any other new and additional facilities for the System to serve such Additional Participant, plus (B) a percentage of the Bond Service Component of each future Annual Requirement for all then outstanding Bonds equal to the then estimated percentage of use by such proposed Additional Participant of any portion of the then existing System; and (iii) an annual amount (to be credited to the Bond Service Component of the Annual Requirement and/or to the Operation and Maintenance Component of the Annual Requirement,at the option of the District)as estimated and determined by the District to equalize the previous capital cost (including the cost of previously constructed excess capacity) of facilities to be used to provide service to the Additional Participant. (d) The provisions of this Section and the payments to be made under an Additional Participant's contract are further subject to the provisions of Section 5.03 of this Contract. Section 8.03. ADDITIONAL CAPACITY AND FACILITIES. As the responsible agency for the establishment, administration, management, operation, and maintenance of the System, the District will, from time to time, determine when and to what extent it is necessary to provide additions, enlargements, improvements, repairs, and extensions to the System to receive, transport, treat, and dispose of Wastewater of any Participants, including all Additional Participants, and to issue its Bonds to accomplish such purposes, and all Participants, including Additional Participants, shall be obligated to pay both the Operation and Maintenance Component and the Bond Service Component included in the Annual Requirement with respect to the entire System, as expanded, as provided in Section 5.03; provided that this Section shall not be construed so as to reduce or alter the requirements of Section 8.02 with respect to minimum payments. ARTICLE IX REMEDIES Section 9.01. LEGAL AND EQUITABLE. Any party to this Contract, and any holder of the District's Bonds, may require any party hereto, and its officials and employees, to carry out, respect, and enforce the covenants and obligations of this Contract,by all legal and equitable means, including specifically,but without limitation,the use and filing of mandamus proceedings,in any court of competent jurisdiction, against such party, and its officials and employees. 16 ARTICLE X CONTINUING DISCLOSURE OF INFORMATION Section 10.01. PARTICIPANTS TO COMPLY. The Participants shall comply with any continuing disclosure requirements with respect to the Bonds imposed by Securities and Exchange Commission Rule 15c2-12. ARTICLE XI EFFECTIVE DATE AND TERM Section 11.01. EFFECTIVE DATE. This Contract shall become effective as of the date of execution hereof. Section 11.02. TERM OF CONTRACT. This Contract shall continue in force from the effective date hereof at least until all Bonds, including any Bonds issued to refund same, shall have been paid in full; and shall also remain in force thereafter throughout the useful life of the System. ARTICLE XII NOTICES Section 12.01. NOTICES. Any notice, request or other communication under this Contract shall be given in writing and shall be deemed to have been given by either party to the other party at the addresses shown below upon any of the following dates: (a) The date of notice by telefax, telecopy, or similar telecommunications,which is confirmed promptly in writing; (b) Three business days after the date of the mailing thereof, as shown by the post office receipt if mailed to the other party hereto by registered or certified mail; (c) The date of actual receipt thereof by such other party if not given pursuant to (a) or(b) above. The address for notice for each of the parties shall be as follows: North Texas Municipal Water District 505 East Brown Street Wylie, Texas 75098 - Attention: Executive Director and General Manager Fax#: (972) 442-5405 17 City of Wylie, Texas 2000 Hwy. 78 N • Wylie, Texas 75095 Attention: City Manager Fax #: (972) 442-4302 City of Murphy, Texas 205 N. Murphy Rd. Murphy, Texas 75094 Attention: City Manager Fax #: (972) 516-0498 or the latest address specified by such other party in writing. ARTICLE XIII SEVERABILITY Section 13.01. SEVERABILITY. If any clause,provision or Section of this Contract should be held illegal or invalid by any court, the invalidity of such clause, provision or Section shall not affect any of the remaining clauses,provisions or Sections hereof and this Contract shall be construed and enforced as if such illegal or invalid clause, provision or Section had not been contained herein. In case any agreement or obligation contained in this Contract should be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Participants or the District, as the case may be, to the full extent permitted by law. 18 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day of , 1998, which is the date of this Contract. NORTH TEXAS MUNICIPAL WATER DISTRICT By: President, Board of Directors ATTEST: Secretary, Board of Directors (SEAL) CITY OF WYLIE, TEXAS By: Mayor ATTEST: City Secretary (SEAL) CITY OF MURPHY, TEXAS By: Mayor ATTEST: City Secretary (SEAL) 19 EXHIBIT "A" • Points of Entry EXHIBIT "B" All wastewater treatment facilities, structures, apparatus, equipment, and devices located on the following described property as of the date of the Contract: CITY OF WYLIE REVISED DRAFT NEW WASTEWATER TREATMENT PLANT EXISTING AND PROJECTED REGIONAL WASTEWATER FLOWS z0( : Tcoti) x0'r.i xoa9 PE42ei7rrr O MURPHY(1 1999 1999 1999 7(1TAX TOxAI, ;` ESFC S ; POP FI OVY :. 2002. 2002 J LOW ':' 2009 201(9 FLOSV .1009 FLOW 1aSk'C<S NaI EbFC 5 1'U.F :0SA} Ti?hilal'k PLAtVT.. AVG FLOW TO NEW PLANT 931 2 700 0.39 1,598 4,633 0.66 2,931 8 500 1.21 32% PEAKING FACTOR 4.1 3.8 3_2 I'EAK FLOW TO NEW PLANT 161 2.55 3,87 .. <I999 l 9. : i999 TQTA1 TOT14I. 200Z F1)W(MGJ)}:. Tc3TA ii TQ'1 2009 Ft,01(MCD): P.FRC. NT OF 2002::. .....: 200Z 3 9 CAP/GOPJ1�1 3004:::: 21109 2 9 CAP/COI�ii�F 2009 FLOW .. ESFC 3 POP FLOW . SFC'S ' IV) GPCD : ESFC'S: i'O}' 1#Q GhCA TON NPX.AN`C.. AVG FLOW(WEST BASIN;TO NEW PLANT) 1,767 2,653 0.38 2,950 4,429 0.79 7,915 11,884 2.52 68% AVG FLOIV(EAST BASIN;TO OLD PLANT) 7,058 10,596 1.50 7,266 10,909 1.58 8,143 12,225 1.88 A1'G FLOW(TOTAL FOR WYIJE) 8,825 13,250 1.88 10,216 15,338 2.36 16,058 24,109 4.40 PEAKING FACTOR(FOR\VEST BASIN)(2) 4.25 3.90 3.31 PEAK FLOW TO NEW PLANT(FROM WEST BASIN) 1.60 3.07 8.32 TOTAL A G FJ O. V TO NEW PLANT(MGD) 0.77 1.45 3.73 . TOTAL PEAK FLOWTO NEW PLANT (MGD) 3.21 5.62 12.19 SOURCE KEY: Shimek.Jacobs,&Finklea LVThM1VD Approximations (1)Includes City Limits and ETJ,less 480 acres which,according to 7/88 Report by Shimek,Jacobs,and Finklea,"will likely never be incorporated into Ivlurphy" (2)Derived using Babbitt's Formula(PF=5/(Population/1000)^0.167) ASSUMPTIONS/APPROXIMATIONS: Murphy is and will be 100%Single-Family Residential,with 2.9 capita per connection. 3-Year Growth in Murphy will be 30%of 10-Year Growth. 3-Year Growth in Wylie will involve an annual growth rate of 5%. Land Use proportions in Wylie's West Basin are and will be the same as those in Wylie's East Basin. Wylie connection and population calculations were generated by updating information from"Land Use Assumptions 1997-2006". Regional WW Flow Sumnmrv.xls 2/11/99