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