Loading...
08-28-2007 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, August 28, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. August 28,2007 Wylie City Council Regular Meeting Agenda Page 2 of 6 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the August 9, 2007 Special Called Meeting and the August 14, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to execute an amendment to the Interlocal Agreement with the Collin County Children's Advocacy Center Child Abuse Task Force. (J. Butters, Assistant City Manager) C. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, Human Resources Manager) D. Consider, and act upon, a Replat for Raymond Cooper Junior High School, Block A, Lot 1 to dedicate additional rights-of-way for Hooper Road and necessary utility easements to accommodate the new Draper Intermediate School. Property generally located at the northeast corner of Hooper Road and Hensley Road. (R. 011ie, Planning Director) E. Consider, and act upon, Ordinance No. 2007-26 amending zoning from Agricultural (A) to Agricultural/30 (A/30) District, generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (1500 Kreymer Lane) ZC 2007-03 (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat creating one (1) commercial lot for Best Corner Wylie Addition, Block A, Lot 1, generally located on the northeast corner of SH 78 and Kirby Street. (R. 011ie, Planning Director) G. Consider, and place on file, the monthly Revenue and Expense Report for the City of Wylie as of July 31, 2007. (L. Williamson, Finance Director) H. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2007. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, a request for a Specific Use Permit (SUP) for Industrial, (Outside) use on 1.88 acres (Wyndham Estates Phase 3, Lot 1) generally located east of Eubanks Lane and approximately 1,080 feet south of S.H 78. (3501 Eubanks Lane) ZC 2007-04 (R. 011ie, Planning Director) August 28,2007 Wylie City Council Regular Meeting Agenda Page 3 of 6 Executive Summary The legal owner of the property has decided not to move forward with the development and request that the zoning case be withdrawn from consideration. Staff received a written letter from the owner,requesting to withdraw this case on July 16th, 2007. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. 2. Hold a Public Hearing and consider, and act upon, amending Ordinance No. 2002- 52 with Specific Use Permit 06-14 zoning to allow for Neighborhood Services District on a 2.03 acre tract, Block E, Lots 1 & 2 of the Lake Trails of Bozman Farms Addition. Zoning Case 2007-05 (R. 011ie, Planning Director) Executive Summary The subject property is located at the northeast corner of Collins Boulevard and F.M. 544 within the Bozman Farms Estates & Lake Trails of Bozman Farms Planned Development District (Ordinance No. 2002-52). The 475-acre planned development zoning was adopted by City Council in December 2002 allowing for medium density & multifamily residential uses and some community retail uses in certain areas. In addition, parkland dedications, a pond & landscaped open space areas and other amenities are being provided by the developer. In March 2006, the applicant requested and City Council adopted an amendment to Ordinance No. 2002-52 assigning a Specific Use Permit (SUP 06-14) to allow for a Day Care Facility on the subject property. At that time, developers envisioned this nonresidential use of the property as an appropriate location and a preferable use in providing childcare services to surrounding residential areas. The prospect for a day care facility has yet to materialize and the applicant is proposing other nonresidential uses for the property. 3. Hold a Public Hearing and consider, and act upon, a change in zoning from Agriculture (A) to Townhouse District, generally located at the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. ZC 2007-06 (R. 011ie, Planning Director) Executive Summary The subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal submitted will include approximately 27 townhouse units on 5 acres. 4. Hold the Second Public Hearing on the proposed tax rate for fiscal year 2007-2008 and provide taxpayers an opportunity to express their views on the tax rate and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed tax rate. (L. Williamson, Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws of the State of Texas, on August 14, 2007, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate.The first public hearing was held on August 23, 2007. The second public hearing is scheduled for August 28, 2007. The notice of the two public hearings were published in the McKinney Courier-Gazette on August 16,2007,and the Rowlett News on August 16,2007 and the Wylie News on August 22,2007. The purpose of the second public hearing on August 28, 2007, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date,time,and place of the meeting at which it will vote on the final proposed tax rate. 5. Hold a Public Hearing on the fiscal year 2007-2008 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. (L. Williamson, Finance Director) August 28,2007 Wylie City Council Regular Meeting Agenda Page 4 of 6 Executive Summary A Public Hearing is required to be held on the fiscal year 2007-2008 Proposed Budget and schedule the time and place that the vote will be taken on the proposed budget. This meeting is currently scheduled for September 11, 2007. The City is required by law to follow certain meeting and notice (publication) guidelines. General Business 6. Consider, and act upon, Ordinance No. 2007-27 adopting the Thoroughfare Capital Improvements Plan. (C. Holsted, City Engineer) Executive Summary On August 14, 2007 Council held a public hearing on the Thoroughfare Capital Improvements Plan. The CIP identifies thoroughfare projects necessary over the next ten years to serve the projected growth of the City. The CIP was last adopted on July 25, 2006. The update is necessary to add Hensley Lane and Springwell Parkway to the capital improvements plan. 7. Consider, and act upon, Resolution No. 2007-24(R) setting a date, time and place for a Public Hearing on the proposed Thoroughfare Impact Fees. (C. Holsted, City Engineer) Executive Summary Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees, and Council previously conducted a public hearing and considered an ordinance on the proposed CIP. The CIP identifies thoroughfare projects necessary over the next ten years to serve the projected growth of the City. The proposed Resolution sets a date, time, and place for a Public Hearing on the proposed Thoroughfare Impact Fees. 8. Consider, and act upon, Resolution No. 2007-25(R) denying the request of Atmos Energy Corporation, Mid-Texas Division for an Annual Gas Reliability Infrastructure Program (Grip) rate increase in this municipality, as a part of the company's statewide gas utility distribution system; supporting statutory reform of the Texas GRIP statute, finding that the meeting at which this Resolution is passed is open to the public; and providing for notice of this resolution to Atmos Energy Corp., Mid-Tex Division and the City's legislative delegation. (M. Manson, City Manager) Executive Summary Atmos Mid-Tex filed its fourth surcharge request under the Gas Reliability Infrastructure Program ("GRIP")statute, seeking to implement monthly surcharges of$0.59 (average residential customers), $1.47 (average commercial customers), and $28.74 for industrial customers. The resolution denies Atmos Mid- Tex's 2006 surcharge request on the grounds that it does not comply with the law and is not reasonable. The resolution also indicates the City's support for statutory changes to the Texas GRIP statute to ensure fairness for ratepayers and to eliminate piecemeal ratemaking for any change in invested capital. 9. Consider, and act upon, Ordinance No. 2007-28 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code Of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. (J. Duscio, Assistant Police Chief) Executive Summary Due to the opening of the new Wylie East High School staff is recommending a(20)miles per hour school zone on Wylie East Dr 1000' north of the intersection of Brown St. and 100' south of Brown St. and on August 28,2007 Wylie City Council Regular Meeting Agenda Page 5 of 6 Brown St. 100' west of the intersection of Wylie East Dr. between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days. There is not an established school zone at this time. The location of the school is in close proximity to a residential neighborhood. Pedestrian traffic will be expected and the creation of a school zone will lower vehicle speeds during peak pedestrian hours. Staff is requesting Council approve a school zone on Wylie East Drive and Brown St. 10. Consider, and act upon, Resolution No. 2007-26(R) authorizing the Mayor to enter into an Interlocal Agreement with the City of Lucas, Texas for Animal Control Services. (J. Butters, Assistant City Manager) Executive Summary The City of Lucas has approached the City of Wylie asking for animal control services. Lt. Atkison and Animal Control Supervisor, Ken Qualls, have studied the feasibility and determined that Wylie currently does have the shelter capacity and resources to render services to Lucas. Lucas has historically not generated very many animal control calls. The feasibility of providing services for Lucas may change as both Cities grow but for the next year it should not be a problem. 11. Consider, and act upon, authorizing the Wylie Economic Development Corporation WEDC) to purchase 0.1974 acre at 207 B Industrial Court and further authorizing the WEDC to enter into debt in the amount of$228,750.00. (S. Satterwhite, Executive Director, WEDC) Executive Summary For your review is a Real Estate Sales Contract between the WEDC and Prime Kuts Distributing, Inc. The contract calls for the WEDC to purchase the 0.1974 acre lot, along with the 4,550 square foot facility for $228,750. Furthermore, the purchase will be owner financed over a period of one-hundred twenty months at an interest rate of 6%per annum. The purchase price is a reflection of a combined offer from the WEDC of$305,000 for the 0.1974 acre tract and the adjoining 0.114 acre tract which was previously railroad right- of-way. Martin L.Anderson,owner of Prime Kuts,owns the 0.114 acre tract as well. 12. Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.114 acre at 207 B Industrial Court. (S. Satterwhite, Executive Director, WEDC) Executive Summary The WEDC Board of Directors recommends that the Wylie City Council authorize the WEDC to purchase 0.114 acre located at 207-B Industrial Court as per the terms of the Real Estate Sales Contract. Mr. Martin L. Anderson purchased excess railroad right-of-way from Collin County in April 2003. The 0.114 acre tract fronts the Prime Kuts site which the WEDC has proposed purchasing. 13. Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.368 acre located at Cooper Drive and F.M. 544, further authorizing the WEDC to enter into debt in the amount of$80,000. (S. Satterwhite, Executive Director, WEDC) Executive Summary The WEDC has purchased 3 lots located on Cooper Drive, is under contract to purchase a fourth lot (as being presented), and is currently negotiating for the purchase of 5 additional lots. The lot is comprised of 0.368 acre and is under contract for $105,000. The Contract calls for $25,000 down and the balance is owner financed for a period of sixty months at an interest rate of 6%per annum. The sellers are Martin L. Anderson,Susan M.Anderson,Gary E.Bowland,and Charlotte A.Bowland. August 28,2007 Wylie City Council Regular Meeting Agenda Page 6 of 6 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION 1 certify that this Notice of Meeting was posted on this 24`n day of August, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also po�kthAl 'e;�!fly�of Wylie website: www.wvlietexas.gov. • SEAL '/3, o� arole Ehrlic CitySecretary77. 1� = ate Notice Removed .. ••.. '. • •.......••'b, Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Thursday, August 9, 2007 - 6:30 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the Special Called Work Session to order at 6:37p.m. with the following Council members present: Mayor Pro Tern Red Byboth (arrived at 7:20 p.m.), Councilwoman Kathy Spillyards (arrived at 7:10 p.m.), Councilman Merrill Young, Councilman Carter Porter Councilman David Goss, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Library Director, Rachel Orozco; Assistant Police Chief, John Duscio; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. WORK SESSION • Discussion regarding the City of Wylie FY 2007/2008 Annual Budget. (M. Manson, City Manager) Council members reviewed proposed budgets for FY 2007-2008 with individual departments. Departments presenting their FY2007-2008 budgets during the work session were: City Council, City Manager, City Secretary, City Attorney, Finance, Facilities, Municipal Court, Human Resources, Purchasing, Information Technology, Police Department, Fire Department, and Animal Control. Each department's director/supervisor reviewed the highlights of their budgets and reported the accomplishments for FY 2006-07 and discussed the objectives for FY2007- 2008 with regard to the individual expense line items requested for the coming year. Additional information requested by Council included: providing copies of the sick leave buy- back policy and total cost to the City, adding a safety program/committee as an objective for Human Resources for the coming year, identifying the employee turnover rate for the past, initiating an Information Technology Plan, and identifying the cost difference between advertising with the Dallas Morning News and the Wylie News and the circulation for both papers for the "official newspaper" designation. The next work session for the proposed budget will be held August 14, 2007 with the regular scheduled Council meeting. A copy of the Minutes—August 9, 2007 Special Called Work Session (Budget Review) Wylie City Council Page 1 proposed budget is available for viewing in the City Secretary's Office, The Smith Public Library or on the City of Wylie webpage. ADJOURNMENT With no other business before Council, Mayor Mondy adjourned the meeting at 10:55 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 9, 2007 Special Called Work Session (Budget Review) Wylie City Council Page 2 id! Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Tuesday, August 14, 2007 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:03 p.m. Council Members present were: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Merrill Young, Councilman Rick White and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director Renae' 011ie; Assistant Police Chief John Duscio; Building Director Johnny Bray; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Keith Sprugeon, Pastor of the New Hope Christian Church gave the Invocation and Councilman White led the Pledge of Allegiance. PRESENTATIONS • Battle of the Badges Award Presentation (I Duscio, Assistant Police Chief/R. Corbin, Fire Chief) Mr. Mike Gonzalez representing Carter Blood Care presented the Battle of the Badges Award to the Wylie Police Department. He stated that the Fire Department had raised 53 pints of blood but the Police Department had prevailed at 60 pints of blood, all donated by volunteers. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present to address Council under Citizens Comments. Minutes—August 14, 2007 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the July 24, 2007 Regular Meeting and the July 31, 2007 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to execute a water line easement, in the amount of$13,064.00, with McCreary/Donihoo Partners, Ltd. for the McCreary Road water transmission line. (C. Hoisted, City Engineer) C. Consider, and act upon, Resolution No. 2007-21(R) authorizing the Mayor to enter into an Interlocal Agreement with the Collin County Commissioners Court to include the City of Wylie and its extraterritorial jurisdiction in the Collin County Environmental Health Care Services program. (J. Bray, Building Director) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 7-0 REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural (A) to Agricultural/30 (A/30) District, generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (1500 Kreymer Lane) ZC 2007-03 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located at 1500 Kreymer Lane, approximately 350 feet south of Brown Street and totals 5.0 acres. The property is currently zoned Agricultural and being used for agricultural purposes (horses) and an accessory building (barn) occupies the middle portion of the property. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction of an approximate 4,000 sq. ft. house and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. The AG/30 District allows for agricultural uses including raising of animals and providing private stables. Surrounding properties to the south and east consist of existing mid to low density residential uses. Mayor Mondv opened the Public Hearing (Zoning Case #2007-03) at 6:12 p.m. No citizens were present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 6:12 p.m. Minutes—August 14, 2007 Wylie City Council Page 2 Council Discussion Mayor Monday asked Planning Director 011ie what the A/30 represented in lot size. Ms. 011ie replied that A/30 represented a minimum of 2 acres and house size of at least 3,000 sq. ft. She explained that the actual requested house size for the new permit would be closer to 4,000 sq. ft. Mayor Mondy asked if there was a limitation of animals that could occupy the lot. Planning Director 011ie replied that she would figure the exact size of the lot minus the area that would have the home construction and report back to Council on the number of livestock that could be on the property per the zoning ordinance. Mayor Mondy asked Planning Director 011ie if the applicants were aware of the new high school being constructed close by and the additional traffic this would cause. Ms. 011ie replied that the applicant was aware of the new construction. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to approve a change in zoning from Agricultural (A) to Agricultural/30 (A/30) District, generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (ZC 2007-03) A vote was taken and passed 7-0. 2. Hold a Public Hearing to consider proposed amendments to the Thoroughfare Capital Improvements Plan. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on June 26, 2007 Council adopted an Ordinance setting the date for a public hearing on the Thoroughfare Capital Improvements Plan. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees which includes a public hearing to discuss the thoroughfare CIP. The CIP identifies projects necessary over the next ten years to serve the projected growth of the City. He reported that an agenda item to approve these changes would be presented to Council at the next regular scheduled meeting on August 28, 2007. Mayor Mondy opened the Public Hearing to hear input regarding the proposed amendments to the Thoroughfare Capital Improvements Plan at 6:14 p.m. No citizens were present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 6:14 p.m. Action on this item will be taken at the August 28, 2007 Council Meeting. General Business 3. Consider, and act upon, reimbursement to Parsons-Warner, LLC, in an amount not to exceed $76,001.75, for the installation of a 12-inch water line along Lakefield Drive. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the City of Wylie's Water System Capital Improvements Plan (CIP) identifies the improvements to the system necessary to serve the future growth of the City. The water model that was developed as part of the CIP indicated that a 12-inch water line would be necessary along the extension of Lakefield Drive from Parkside Drive to FM 1378. The project Minutes—August 14, 2007 Wylie City Council Page 3 was included in the most recent Water and Wastewater Impact Fee Update. The construction of the water line has been completed by the developer of the Parkside subdivision. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve reimbursement to Parsons-/Warner, LLC, in an amount not to exceed $76,001.75, for the installation of a 12 inch water line along Lakefield Drive. A vote was taken and passed 7-0. 4. Consider, and act upon, Ordinance No. 2007-25 amending Section 2 of Ordinance No. 2004-25 and Article IV, Section 110-133 of the Code of Ordinances, establishing a School Zone for certain streets; establishing Prima Facie Maximum Speed Limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this Ordinance. (J. Duscio, Assistant Police Chief) Staff Comments Assistant Police Chief Duscio addressed Council stating that due to the vast development of Birmingham Farms subdivision, the City of Wylie and Wylie ISD found it necessary to add an additional school crossing guard at Park Blvd. and Georgiana. The current school zone on Park Blvd. starts on Country Club and ends just east of Cheyenne. The school zone starts back east of Georgiana and ends at Westgate Way. Staff is requesting Council approve one continuous school zone on Park Blvd. from Country Club to Westgate Way. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Ordinance No. 2007-25 amending Section 2 of Ordinance No. 2004-25 and Article IV, Section 110-133 of the Code of Ordinances, establishing a School Zone for certain streets; establishing Prima Facie Maximum Speed Limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this Ordinance. A vote was taken and passed 7-0. 5. Consider and act upon Resolution No. 2007-22(R) accepting the proposed property tax rate for fiscal year 2007-2008; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearings must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 23, 2007. A 2nd public hearing is scheduled for August 28, 2007. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 11, 2007. The proposed budget is based on a tax rate of $0.73325 per $100 Minutes—August 14, 2007 Wylie City Council Page 4 valuation. Any change in the proposed rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in Taxation"guide. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2007-22(R) accepting the proposed property tax rate for fiscal year 2007-2008; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate to be August 23, 2007 and August 28, 2007, and providing for the publication as provided by the Texas Property Tax Code. A roll call vote was taken and passed 7-0 with Mayor Mondy, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman Porter, Councilman White, Councilman Young, and Councilman Goss voting for and none against. 6. Consider, and act upon, Resolution No. 2007-23(R) authorizing the Mayor to enter into an Interlocal Right Of Way Agreement between the City of Wylie and Wylie Independent School District to construct and maintain fiber optic telecommunications cable and conduits in the streets and Right Of Ways of the City of Wylie, Texas. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that WISD currently has a fiber network in the Cities ROW. WISD needs to run fiber to the new schools and create a continuous loop. In the past, there has been confusion when fiber has had to be relocated because of street repair or construction. The purpose of the proposed agreement is to agree upon and document the parties' responsibilities, going forward. The proposed agreement does not change the basic terms that we have operated under, in that, we have never charged WISD for the use of ROW but the district does obtain permits and follow ROW construction standards. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Resolution No. 2007-23(R) authorizing the Mayor to enter into an Interlocal Right Of Way Agreement between the City of Wylie and Wylie Independent School District to construct and maintain fiber optic telecommunications cable and conduits in the streets and Right Of Ways of the City of Wylie, Texas. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2007-25 into the official record. Mayor Mondy asked for a 10 minutes recess before moving into the Budget Work Session. WORK SESSION • 3rd Work Session for Proposed FY2007-2008 Budget Mayor Mondy called the Council Work Session to order at 6:32 p.m. with all Council members in attendance. Minutes—August 14, 2007 Wylie City Council Page 5 Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director Renae' 011ie; Assistant Police Chief John Duscio; Building Director Johnny Bray; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. Council members reviewed proposed budgets for FY 2007-2008 with individual departments. Departments presenting their FY2007-2008 budgets during the work session were: Planning Department, Building Department, Code Enforcement, Streets Department, Parks and Recreation Department, Library, and Utility Fund departments. Also presented were the combined services for both the General Fund and Utility Fund and special Revenue Funds (4B Parks and Recreation, Fire Training and Dispatch). Each department's director or supervisor reviewed the highlights of their budgets and reported the accomplishments for FY 2006-07 and discussed the objectives for FY2007-2008 with regard to the individual expense line items requested for the coming year. Additional information requested by Council included: request the City Manager to bring an agenda item to Council for policy options for sidewalk repair; implementation of future departmental performance measures; submit costs to include an additional "Green up Clean up" campaign each year; costs to increase staffing for the Wylie Wave program by two staff members to allow more youth to participate and the review of revenue generated from the program; address a plan to streamline permit processing to include online service for some phases for better customer service; a comprehensive plan for IT that includes these online services, and present an overview on current procedures and recommended changes to step up Code Enforcement , City wide. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 11:40 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 14, 2007 Wylie City Council Page 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: B Department: Police (City Secretary's Use Only) Prepared By: John Duscio Account Code: 10-211-56040 Date Prepared: August 9, 2007 Budgeted Amount: $ 30,461.54 Exhibits: 2 Subject Consider, and act upon, authorizing the City Manager to execute an amendment to the Interlocal Agreement with the Collin County Children's Advocacy Center Child Abuse task force. Recommendation A motion to approve an amendment to the Interlocal Agreement between the Collin County Child Advocacy Center Child Abuse Task Force and the City of Wylie and authorizing the City Manager to sign the agreement. Discussion For approximately 10 years the City of Wylie has contracted with Collin County for the provision of investigative services related to child abuse, neglect, and sex crimes against children. The Collin County task force uses the Child Advocacy Center to provide these services. Agreement/Contract No. 2006-823-09-12 was signed on October 1, 2006 for a period of one year at a cost of $30,461.54 with four (4) annual renewals. This amendment to Section 2, 2.01 of this agreement will begin on October 1, 2007 and is for a period of one year. The cost of services for this amended term of the agreement has not increased and is for $30,461.54. The funds needed are in the 2008 budget. To do theses investigations ourselves would require a full time investigator and would cost over twice the amount we pay the task force. Approved By Initial Date Department Director JD 8-9-07 City Manager C V I g Q -- 0-7 Page 1 of 1 COLLIN COUNTY PURCHASING DEPARTMENT CONTRACT AMENDMENT NO: ONE(1) CONTRACT: AGREEMENT,INTERLOCAL: CHILD ABUSE EFFECTIVE DATE: 10/01/07 INVESTIGATION SERVICES CONTRACT NO. 2006-823-09-12 AMENDMENT ISSUED TO: CITY OF WYLIE 2000 Highway 78 North Wylie,Texas 75098 AWARDED BY: Original Court Order No. 2006-823-09-12 AMENDMENT#1,COURT ORDER NO. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT: Amend Section 2 Term to read as follows: 2.01 The term of this Agreement shall commence on the 1s`day of October 2007,and shall continue in full force and effect for a period of one(1)year. Except as provided herein,all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY CITY OF WYLIE AUTHORITY OF COLLIN COUNTY 2000 Highway 78 North Collin County Courthouse Wylie,Texas 75098 210 S.McDonald McKinney,Texas 75069 SIGNATURE Franklin Ybarbo TITLE: Purchasing Agent DATE: DATE: MAIL SIGNED CONTRACT AMENDMENT TO: Purchasing Agent, 200 S. McDonald, Suite 230, McKinney, Texas 75069 Court Order No. �bb0(o- O°I-1 INTERLOCAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT is entered into on the 1st day October, 2006,by and between the City of Wylie(the "City") and Collin County, a political subdivision of the State of Texas (the County"). RECITALS 1. The County operates the Collin County Sheriff's Office which performs law enforcement functions within the county. 2. The City desires to obtain a certain law enforcement services from the County that the City is authorized to provide. Therefore, under the authority of the Interlocal Cooperation Act, Tex. Rev. Civ. State. Ann, art. 4413 (32c), the parties agree as follows: SECTION 1. DEFINITIONS 1.01 Law Enforcement Services. The term"Law Enforcement Services: means all services necessary for the Collin County Sheriffs Office to provide the reporting, investigating and filing charges for special crimes. 1.02 Special Crimes. The term"Special Crimes"means all crimes,relating directly or indirectly, whereby the victim is less than 17 years of age. The crimes include,but not limited to, the Texas Penal Code, Title Five(5) (OFFENSES AGAINST THE PERSON), Chapters 19, 20, 21, 22, Title Six (6) (OFFENSES AGAINST THE FAMILY) Chapter 25, Title Nine(9) (PUBLIC INDECENCY), Chapter 43. SECTION 2. TERM 2.01 Term. The term of this Agreement shall commence on the 1st day of October, 2006, and shall continue in full force and effect for a period of one(1) year with four(4) annual renewals unless terminated by either party with ninety(90) days prior to the end of the original term or any renewed term. 2.02 Termination. Either party may terminate this Agreement by giving ninety(90) days written notice to the other party. The parties agree that this Agreement will terminate immediately should the City not have an operating Police Force. SECTION 3. SERVICES 3.01 Services. The Sheriff's Office agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1.02 of this Agreement. 3.02 Manner of Providing Services. The Law Enforcement Services shall be provided by the County in the same manner and within the same response times as such services are provided by the County within its jurisdiction. 3.03 Use of Additional Personnel. The County may utilize the services of individuals whose duties and responsibilities are related to detection, investigation and/or prosecution of violations associated with offenses described in Paragraph 1.02 of this Agreement. SECTION 4. EXCLUSIVITY OF SERVICE The parties agree that the County may contract to perform services similar or identical to those specified in this Agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 Law Enforcement Service Charge. Beginning with this Agreement, the City shall provide payment to the County for providing services described in the Agreement. The payment is based upon the"At Risk"population of the City(16%of total population) and the population is based on figures obtained from the North Texas Council of Governments, January 2006 estimates of population. On an annual basis, the City will pay $30,461.54 to the County for providing the above mentioned services. The City will continue payment for any and all charges for services not described in the Agreement. The payment is due October 1, 2006, and paid to the Collin County Auditor's Office. SECTION 6. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this Agreement. The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorneys' fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this Agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This Agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. SECTION 9. NOTICES 9.01 Unless otherwise specified, all communications provided for in this Agreement shall be in writing and shall be deemed delivered whether actually received or not forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 All communications provided for in this Agreement shall be addressed as follows: (a) if the County, to: Ron Harris, County Judge 210 S. McDonald McKinney, TX 75069 (b) if the City, to: Chief of Police 2000 North State Highway 78 Wylie, TX 75078 Or to such person at such other addresses as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this Agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Ron Harris Collin County Judge 210 S. McDonald McKinney, TX 75069 SECTION 10. CAPTIONS The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. SECTION 11. COUNTERPARTS This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. `COUNTY' COLLIN COUNTY, TEXAS By: Title: County Judge Date: `CITY' CITY OF WYLIE,TEXAS By: /1/ Title: yp,e Date: ,1/49u S r (, 0 0(o Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: C Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: August 7, 2007 Budgeted Amount: Exhibits: Subject Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. Recommendation Motion to accept a proposal from United Healthcare for fiscal 2008 medical, dental and prescription drug coverage under our current broker, The Wylie Insurance Agency. Accept a proposal from Lincoln National for our long term disability and life insurance. Discussion The operating budget adopted by Council for fiscal 2008 provides adequate funding for the proposed employee group insurance plans. Competitive proposals have been solicited to provide employee group insurance coverage for the 2008 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental, life and disability policies. Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency, provided the best value to the employees and dependants of the City of Wylie for medical and dental insurance. The premium rates quoted by United reflect an 11.4% increase for medical and 3% increase for dental. We will experience an annual savings of$2,000.00 on our life insurance and the long term disability premium will remain the same as FY2007. These increases are below the current 12.4% nationwide average increase for 2007. There are no benefit changes to the dental, life or long term disability plans. Changes to the medical coverage include: deductible increase from $250.00 to $500.00; office visit co-pay increase from $15.00 to $20.00; annual out-of-pocket maximum increase from $2000.00 to $3000.00. By making these changes, 10% of the originally proposed increase was avoided. With less than 7% of employees ever meeting a deductible or out-of-pocket maximum, Staff's recommendation is fair and reasonable. Approved By Initial Date Department Director LF 8/7/07 City Manager 5IR31 07 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 08/08/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Replat for Raymond Cooper Junior High School, Block A, Lot 1 to dedicate additional rights-of-way for Hooper Road and necessary utility easements to accommodate the new Draper Intermediate School. Property generally located at the northeast corner of Hooper Road and Hensley Road. Recommendation Motion to approve a Replat for Raymond Cooper Junior High School, Block A, Lot 1, generally located at the northeast corner of Hooper Road and Hensley Road. Discussion The property was originally developed and subsequently platted in the summer of 2006 to accommodate Cooper Junior High School. WISD's concept plan for the 35.4 acre lot included the addition for an intermediate school. The purpose for this replat is to dedicate rights-of-way for Hooper Road and the necessary utility easements to accommodate the new Draper Elementary School. The Planning&Zoning Commission voted 6-0 to recommend approval of the Replat. The Replat complies with all applicable technical requirements of the City of Wylie. Approved By Initial Date Department Director I 8/08/07 City Manager ifi1 <2 'b-7 Page 1 of 1 vek .Po,a, • MN21'{9 Rw312.50. • Tate3AC • L M034 • � I 0,557.1.13.E I ZT.OS _ 30o.P.no.1daia Po.I.400030.6311 Iii,\ 55202'10-E .. . `�� Awl{l7{Y va WOOa�cn smote .over,sera 1,10965Y M33'4Gb' ^^^T..L .P.. 0 100 300 7w235,97' Rwb7.50. • s a PISLwb{.0C Tw13S.M' vas oseo, a 1� 0wb2319'b'E Se314'05-E Lw203.0.Y b1.2T �,m. gye„��y13E GRAPHIC SCALE 2e00.7 00 • dJs3- /a 2 vas SOet. 9 N. ^�1[mot C < ter /'Ay,� -v\ C6 00 01 11.4 H / G. ^` ,.4„ u...m fey, .;.at n,t.a..m, F F aie ' F ° i ii .Ol Oti :o. i� >e04 if1 i ,: l.w P... 2 • �•.,. "vim" N \ PURPOSE OF REPLAT: c ------tom'------ •pis=: To dedicate aemtwna P.O.W.and na.utility easements. cc7 n,.n-eo.eel. D. ----ilnrat---ius--�u:'-- �.r_., P.. Lot 1,eleck A 0 ;y 15.131.3 Pas.. s!5.182 Arnee C--rower 5 }w F1137 R.O.W Dedleatiott ier� \ € y .S4 y5 Acres Net er e Y 1 iwS mar x Om p ler$SI SHEET 1 OF 2 \ / t meshy p yJ\LL11,,a __.c,e) 6 �er�J, \ vas usz.Po.»e A REPEAT OF 0 ) er .114..... i; RAYMOND COOPER Nokin 1..a,00:Po�. s ...”..1.---..."--.. 'u 5 JUNIOR HIGH SCHOOL 3 \\ [ Lot 7, Block A } • � Ir L. PEGUES SURVEY ABSTRACT 703 • • \\ 1e _ i �� WYl_IE, COLLIN COUNTY, TEXAS WY1b Independent School District 951 Ballast Street WNb Tex,75090 25'RO W.Dedketed To TI,.CRY Of Wylie BY TM.pp{ • Telephone 972 429-3000 Hen sle Lane "B u'd? - iio9.9a.. • EoOfatRt r iai..w. s, RLKZ: gn S beat s,Alb 75013 972 Telephone 972 359-1733 go.,',Aa am va.SW..Pe II. vs ISM Po 1,0 Selling any portion e1 Lhb addition by SUM= m.t.s and nouns b a violation of Mt, Sun seen Servey1ng,Inc. Ordinance and State low..and Is subject 9I53 West Urals pity 0,1 Suite 102 to Ilses and wnhholdbo of utube HCK tbn.y,Texas 75071 and NAM,permit.. Telephone 972 542-14, August 2.2007 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 16, 2007 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2007-26 amending zoning from Agricultural (A) to Agricultural/30 (AG/30) District, generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (1500 Kreymer Lane) Zoning Case 2007-03. Recommendation Motion to approve Ordinance No. 2007-26 amending zoning from Agricultural (A) to Agricultural/30 (AG/30) District, generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (1500 Kreymer Lane). Discussion Owner: Mr. Terrance Dale Rowe Applicant: Mr. Terrance Dale Rowe Zoning Case 2007-03 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. 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. Approved By Initial Date Department Director RO 08/16/07 City Managerg fo'-7 Page 1 of 1 ORDINANCE NO. 2007-26 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, ZONING CASE NUMBER 2007-03, TO AGRICULTURAL/30 (AG/30) DISTRICT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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 finds 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: 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 Agricultural/30 (AG/30) District for single family residential uses, said property being described in Exhibit "A", Exhibit "B" (Site Layout) attached hereto 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2007-26 Zoning Case 2007-03 Zoning Amendment 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 28th day of August, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 5, 2007 Ordinance No.2007-26 Zoning Case 2007-03 Zoning Amendment EXIT"A" Legal Description Zone Change#2007-03 A tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas and being a part of a 68.52 acre tract of land conveyed to Neva Lou and Robert Kreymer by deed recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas and more particularly described as follows: BEGINNING at a 'h inch iron rod found for the Southwest corner of said Kreymer tract and the Northwest corner of a 22.00 acre tract of land conveyed to R. Richard Parker by deed recorded in Volume 2967, Page 278 of the Deed Records of Collin County, Texas and being in the East right-of-way line of Kreymer Lane; THENCE North 00 degrees 00 minutes 00 seconds West (Basis of Bearings, along said right-of-way line, a distance of 357.38 feet to a'/z inch iron rod set for corner); THENCE South 89 degrees 53 minutes 05 seconds East, a distance of 609.44 feet to a '/z inch iron rod set for corner; THENCE South 00 degrees 00 minutes 00 seconds East, a distance of 357.38 feet to a 'h inch iron rod set for corner in the North line of aforesaid Parker tract; THENCE North 89 degrees 53 minutes 05 seconds West, along the North line of said Parker tract, a distance of 609.44 feet to the Point of Beginning and Containing 217,801 square feet or 5.000 acres of land, more or less. EXHIBIT "B" N00'tln,no" W 157 18" • • • (J C9 CD 0 3 rD CA CD Distarce From West Fence is 203 LF 41 Distance From Sotth Fence line is 219 LF z Distance Front North Fence is 87 LF 00 Distance From DM Utility Easement Set Back is 11 LF • S v, .o w d rn • r <8 •t E G o 0 toj sae ?N 7, I. . .$t.LS> :I.t*).U0sUt1S Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 08/08/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Final Plat creating one (1) commercial lot for Best Corner Wylie Addition, Block A, Lot 1, generally located on the northeast corner of SH 78 and Kirby Street. Recommendation Motion to approve a Final Plat creating one (1) commercial lot for Best Corner Wylie Addition, Block A, Lot 1, generally located on the northeast corner of SH 78 and Kirby Street. Discussion The property totals 0.59 acres and will create (1) one commercial lot. The property is zoned Commercial Corridor (CC) District and has never been platted. Two commercial buildings exist on the property. The applicant proposes to combine two existing tracts into a single lot, establish property boundaries, and dedicate the necessary fire lanes & access easements to accommodate the redevelopment of the property. The Planning & Zoning Commission recommends approval of the Final Plat by a vote of 6-0. A site plan was also approved 6-0 by the Commission. The Final Plat complies with all applicable technical requirements of the City of Wylie including the Subdivision Ordinance. Approved By Initial Date Department Director RO 8/08/07 City Manager t i 13/O7 Page 1 of 1 / Rag.COWNERS CERAFKATE Rag. I 'ter a SIIEIsrs erloA'"'u' / iaao.c+e.� '. ` °r {�I.°�..2��'i"me.2.C."q • sumEraracEnnErwTE ang...pe. "7i'.a.._ NOW Aryyw�f. 6iO4MP a].tSYe R.ma ..L.F.FORE KNOWN./IAN�IV THESE PRESENT. / NYrny e'A..' .*A 0C.a4.N... 24.221 1..2E d TAI a1.1 a.11211:61,411M im.2.m No n E.e 1.bRa�rd as°A 0i.0.y Ear ..Nwo"".".rmr.K.wp PN..y"�i,...a�.p0a.ra.a A.O>r a.a Ga a SE .ra g.r..R.V.a.+..eali,. w,.. ' / 0Ta!!.r�rr.NO..SXN 16 rp.r�i,nn..o.Mc E..tO.li N..an..N..rrwm.r�Mw N / Ah TIAN.11E SI3,4.5y�30..rre...rIONb14.4., ..4.4.... .4.a NM of A RN NM Pmb�mr UM S+wWN 50] y `�' Y%AIE MEANNAOOIIDN nN..rbN aMb,T.m ''r'4'y:• k /, ..a�wbvrw.XkaPn.au r.N�Ii.vR.m�sac.r"""e :T®.. .....^i iNEMI£e i 1.241 E.. AIM.3,Y2re. .... 21 � ,W,kmb�aMNY.I I.YWSS4 srnTEOF TEKAs imw.a�",wba3, NY..at ....pb.e wi..TY OFCOLIIN w041�ifaa.r4fa..`Wor.M.Tm., / TNENCEB OOagtlMA r..c W.bn.e M.1..rW t,..4Y,sa.O... FE'ITY�.4,..2 1.a..N.•m.wMw PM.1'i Wa.m X01.0 O. Sq. Rrb.vrYaiyw abrmnai�.a W.p.a..r NNaw.I ME..a: 1.1.11.d. .aaaw ....wn..�..ar...�.wn. / / / b.1QYNon�yMy��.ayMiTppYr..i/..E 4:= C.1. SWPrNirNbmn 4".' M . , Y0&J a .a ..W IJ - ,% TbI1.E�iry� at �..� aaa.r.roKa«r.,...s.r�..2111 nw, c..�wa��nMaa.ewaa.m N._rra 2007 / / ...... 2-YF Nv.b aN9 W..plka..Y...r..xe41210 Na GPAPND.DNE,ktD �y e'''' - /' Tb,triENa:.gu...4�mr........49.a-.ry N44044n.ab.001•. CIIR�E DATACt Gr. !. E1'/ '���l / TNENR em �..� A.M.n.Nbrnsw a,w R�.00. !D fl. ; ,`yN eq.l.ui'N°ssN Mmuprravqp.Oro.aWa+a�imwa�raaaar�iiw. Ll5.0A �(�/' VM MiOi.�ON�F WBEOR�IM�'IDN".r...YY..N .0. `N'IwxO. AN 2111L11.12 TCFO 0.4541.0595E 58.62 /' 6,,-0'.Vl50. !.�/ a. /' 6' i/ r yam% N �( 4 `,9`�'' NOWTNEREfORE.0CWAIL NEN 6YTNESE PRESENTS: • 4S � a\ �.. \ O 11 .LAFAYETTE WEND STA.r STuaET ADOOC11 021.2 O....r say Y1 `ion ate` .`1•\ JS a ESTCOMER ra1� .yam irrW'.0a. .W.y. IlFrnuc.riEnFoaAPPRowL- / 0' / Si' fT' +`�,�•\tG t2 211..�vN 12 Pe r.PO'e'1a1�22 LA 1............' N"...b OO•"wf..T.v..bm Ape...r a •�,�F a\".... 4'1 I u. 1.42121.22E N.„7Yra...brO.Ntrc.1..N....�A.aw.O / E 2, $. ` ! �M.Wind motor tlic NAMa.b.n Pia.rFbtla,.�.aa. uric b ayMs TEEM 1.m.ner a Os. TDro +'• �'•� �, `'��^"\ `r' ..aA.+.isnati.aaw.F""I'.r`.'YN�."'cr'.aSa,".�a`°`'°" ua^A.^.*,an.a..a�w�.An.aa, / „y•e, '� � F,& +vco \ awe.wc.�`... 1.21E 22.:e 00R200 :s:E�.ee.xIWX AwRovFn raft CONSTRUCTION' *5/ -„op 0.59 ACRES • \ el. .An17868�mN `NA w a 2122.1224.2 tow no nb ere e..ae 2.Map mix.In.2 A. a.N. err..Ne.rr4r a a..n:'.'d.'"'q..N. • / .`...CNe.aM....pA. .r..,.dar.... .T•.x.GaawAy,.. w.. ," 25.904 SO. FT. '�.,:\ P._\ .2 .w 'aa q..saa `Nlc`y^ ..n.r..aa.wr ww.amA.rcuc..�..1a�v. r..aiw.a .....r....a....m..learjeNAn�a..Nabw.sw..O=.r'.Pa...N�oan. p+1 LOT 1 ` rote.lay Pm pm.pm.r.....yre. •ALCERIEP / BLOCK A ;. `�ic T-� ---_..- TT 9202IH'rrq.enrq.iOaaaro..rW...a.ru+.a.wnew N.O.ra WNa. , ./...10.1.cs............ . / '.' 00 f' N. ESS.ACC UTILITY EASEMENT II. R3O.0°'I VO worry A.N.. ..a ,NO>, NM.wawA..,.r. 1.141. 1 NZ Pc.41. TTANN 'dE"°RF,p2x` r"'ic�".aA.W'"ia'q'Na ..4.....r..m"4..°�.Ncwc°"1 rt1 .E. + �' 1 LTD. Ma NNm..A.a Ca.e[ww.r.ti...w.8a.a......N. _�ii... R.m.....w..nn..Wn..ewrr«a.a.«N...e.n.,a..a an `e LEER 86/1'00"M lID..I6' µ.2.. ......2212 M.wb. I.....12.abw+a x ca.c N 6C 12'OOY 'Y�Ow.'F yr W N dC l2'00"M /N.17•_65.00' rL e . n.s.. `r 41 SENIF•WDDOCK n1N...rry ire.:. .rya 86.80 4V.-IE I RBY STREET--- - -- &wort ":7;AT).m 'rag=e N"I:�eb^ n G.upon 0111E and 1.raa.r.. .ry Of 2007. Aa.R VAN.Ala.r.N sum.a Nr. R,L.20*200.....: FINAL PLAT BEST CORNER WYLIE AI&� ADDITION ADDITION TO THE CITY OF WYLIE Ii._ AN 0.58 ACRES S.B. SHE TO SURVEY A-620 CITY OF WYLIE. COLLIN COUNTY, TEXAS i s t• JURY 25. 2007 j ••`Li. , STSN LEGE vI ,il, b Ao LANDING LTD a . _. OWNERS, _ V ESTANLEYT„ 6SF WOKE RECORDED PUT WC G.rc NA Pn.C.C.T NTRVO UN v •� O�P A ,A.oK Nq .�z->Tz.,,,, " .R AIL562007 _`p ,4 .�'�N6�ECRE.ND..I�.A1pLNGQf,�.IT�E. H T X ,S O .r �•� ANO LOT TO LOT OTIWN.CON0EOmm R S C 1 re AAY TI 00 , Err+ 22 2'02242 LAND SURVEYING.�^�5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: G (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Date Prepared: August 13, 2007 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period ending July 31, 2007. Recommendation Accept, and place on file, the Monthly Revenue and Expenditure Reports for the period ending July 31, 2007. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 08/13/07 City Manager ' �r� S/a3/® 7 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JULY 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 11,769,402.48 11,464,881.45 -304,521 a FRANCHISE FEES 1,671,130 1,625,382.00 1,651,219.70 25,838 LICENSES AND PERMITS 1,153,000 939,080.70 816,231.52 -122,849 INTERGOVERNMENTAL REV. 345,440 262,690.61 420,187.49 157,497 SERVICE FEES 2,068,400 1,566,552.26 1,595,209.86 28,658 FINES AND FORFEITURES 541,000 450,057.90 448,677.62 -1,380 INTEREST INCOME 260,000 243,190.00 328,114.60 84,925 MISCELLANEOUS INCOME 79,470 66,111.09 83,252.98 17,142 OTHER FINANCING SOURCES 827,860 827,860.00 834,002.29 6,142 TOTAL REVENUES 19,642,460 17,750,327 17,641,778 -108,550 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 107,916.66 87,848.14 -20,069 CITY MANAGER 438,900 365,749.98 326,782.42 -38,968 CITY SECRETARY 234,220 195,183.34 176,075.58 -19,108 CITY ATTORNEY 133,000 110,833.34 79,052.78 -31,781 FINANCE 694,630 585,641.64 515,751.22 -69,890 FLEET&FACILITIES SVC 186,150 158,791.66 141,968.38 -16,823 MUNICIPAL COURT 272,340 226,896.66 206,778.58 -20,118 HUMAN RESOURCES 191,070 159,225.04 149,387.01 -9,838 PURCHASING 104,140 86,749.94 82,409.26 -4,341 INFORMATION TECHNOLOGY 234,020 195,016.66 205,164.10 10,147 POLICE 4,489,176 3,741,527.30 3,429,899.85 -311,627 b FIRE 4,347,260 3,650,653.38 3,256,660.48 -393,993 b ANIMAL CONTROL 265,720 221,030.04 226,229.09 5,199 PLANNING 424,610 353,901.68 242,993.91 -110,908 BUILDING INSPECTION 680,970 567,373.38 538,419.13 -28,954 CODE ENFORCEMENT 148,460 123,678.32 109,859.39 -13,819 STREETS 1,952,290 1,626,533.38 1,329,904.57 -296,629 c PARKS 1,326,210 1,105,136.62 1,007,107.74 -98,029 RECREATION 307,540 261,616.66 230,460.40 -31,156 LIBRARY 669,430 559,351.66 522,707.98 -36,644 COMBINED SERVICES 3,169,990 2,750,363.32 2,692,435.39 -57,928 TOTAL EXPENDITURES 20,399,626 17,153,171 15,557,895 -1,595,275 REVENUES OVER/(UNDER)EXPENDITURES -757,166 597,156 2,083,882 1,486,726 a.Approximately 4.76%short of total Property Tax collections. b. No cost savings. Expenditures will increase during summer service. c.Accounting Accrual made at beginning of year. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JULY 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 6,502,500.00 5,740,487.97 -762,012 d INTEREST INCOME 50,000 41,666.66 332,329.81 290,663 MISCELLANEOUS INCOME 136,860 114,050.00 35,379.93 -78,670 TOTAL REVENUES 8,649,860 6,658,217 6,108,198 -550,019 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 364,670 308,394.98 261,869.43 -46,526 UTILITIES-WATER 1,085,390 903,441.70 832,036.24 -71,405 CITY ENGINEER 439,660 366,245.00 318,706.91 -47,538 UTILITIES-SEWER 599,460 499,400.04 373,549.17 -125,851 UTILITY BILLING 919,730 766,175.04 614,506.94 -151,668 COMBINED SERVICES 6,486,590 5,407,341.66 4,917,025.02 -490,317 TOTAL EXPENDITURES 9,895,500 8,250,998 7,317,694 -933,305 REVENUES OVER/(UNDER)EXPENDITURES -1,245,640 -1,592,782 -1,209,496 383,286 d. Reduction in water usage. 7; Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: 08-28-07 Item Number: H Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 08-09-07 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2007. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2007. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on August 17, 2007. Approved By Initial Date Department Director SS 08/09/07 City Manager '211��\ g/a3/D 7 Page 1 of 1 8-13-2007 02:17 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JULY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 320,545.98 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 166,850.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,013,394.99 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 9,274.72 1000-14410 DEFERRED CHARGE 245,610.00 2,755,675.69 TOTAL ASSETS 2,755,675.69 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 1,853.14 2000-20111 MEDICARE PAYABLE 171.70 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ) 46.35) 2000-20117 TMRS PAYABLE 842.91 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 734.20 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ) 377.36) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 3,131.22 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 245,610.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 0.00 TOTAL LIABILITIES 251,919.46 8-13-2007 02:17 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,584,544.76 TOTAL BEGINNING EQUITY 2,584,544.76 TOTAL REVENUE 1,161,834.46 TOTAL EXPENSES 1,242,622.99 REVENUE OVER/(UNDER) EXPENSES ( 80,788.53) TOTAL EQUITY & OVER/(UNDER) 2,503,756.23 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 2,755,675.69 8-10-2007 03:43 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JULY 31ST, 2007 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 23,021.37 2000-21410 AIP - GO/CO BONDS 5,197.00 2000-28205 WEDC LOANS-CURRENT 41,731.96 2000-28220 BIRMINGHAM LOAN 92,664.00 2000-28230 INWOOD LOAN 710,018.00 2000-28240 HUGHES LOAN PAYABLE 309,991.00 2000-28250 CITY OF WYLIE LOAN 136,493.16 TOTAL LIABILITIES 1,319,116.51 EQUITY 3000-34590 FUND BALANCE ( 1,319,116.51) TOTAL BEGINNING EQUITY ( 1,319,116.51) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,319,116.51) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 8-13-2007 02:21 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,136,130.00 90,995.85 0.00 758,079.52 0.00 378,050.48 66.72 INTEREST INCOME 22,500.00 1,073.72 0.00 15,426.25 0.00 7,073.75 68.56 MISCELLANEOUS INCOME 63,840.00 5,200.00 0.00 223,328.69 0.00 ( 159,488.69) 349.83 OTHER FINANCING SOURCES 0.00 10,000.00 0.00 165,000.00 0.00 ( 165,000.00) 0.00 TOTAL REVENUES 1,222,470.00 107,269.57 0.00 1,161,834.46 0.00 60,635.54 95.04 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 86,357.36 0.00 1,242,622.99 4,466.34 530,610.67 70.15 TOTAL EXPENDITURES 1,777,700.00 86,357.36 0.00 1,242,622.99 4,466.34 530,610.67 70.15 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) 20,912.21 0.00 ( 80,788.53) ( 4,466.34) ( 469,975.13) 15.35 8-13-2007 02:21 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 90,995.85 0.00 758,079.52 0.00 378,050.48 66.72 TOTAL TAXES 1,136,130.00 90,995.85 0.00 758,079.52 0.00 378,050.48 66.72 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 22,500.00 1,073.72 0.00 15,426.25 0.00 7,073.75 68.56 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 22,500.00 1,073.72 0.00 15,426.25 0.00 7,073.75 68.56 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,200.00 0.00 52,592.90 0.00 11,247.10 82.38 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 5,486.00 0.00 ( 5,486.00) 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 4,300.00 0.00 ( 4,300.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 160,949.79 0.00 ( 160,949.79) 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 5,200.00 0.00 223,328.69 0.00 ( 159,488.69) 349.83 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 10,000.00 0.00 165,000.00 0.00 ( 165,000.00) 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 10,000.00 0.00 165,000.00 0.00 ( 165,000.00) 0.00 TOTAL REVENUES 1,222,470.00 107,269.57 0.00 1,161,834.46 0.00 60,635.54 95.04 8-13-2007 02:21 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 23,155.59 0.00 128,862.43 0.00 28,187.57 82.05 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 570.00 0.00 0.00 580.00 0.00 ( 10.00) 101.75 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 1,180.52 0.00 529.4E 69.04 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 969.24 0.00 6,946.22 0.00 1,453.78 82.69 5611-51220 PHONE ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 1,075.40 0.00 11,116.06 0.00 3,813.94 74.45 5611-51410 HOSPITAL & LIFE INSURANCE 14,340.00 1,379.90 0.00 15,179.53 0.00 ( 839.53) 105.85 5611-51420 LONG-TERM DISABILITY 880.00 35.82 0.00 394.02 0.00 485.98 44.78 5611-51440 FICA 10,400.00 724.40 0.00 6,071.76 0.00 4,328.24 58.38 5611-51450 MEDICARE 2,430.00 169.40 0.00 1,766.17 0.00 663.83 72.68 5611-51470 WORKERS COMP PREMIUM 850.00 0.00 0.00 411.58 0.00 438.42 48.42 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 1.45 0.00 90.00 0.00 450.00 16.67 TOTAL PERSONNEL SERVICES 212,100.00 27,511.20 0.00 172,598.29 0.00 39,501.71 81.38 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 510.33 0.00 3,503.71 15.00 3,481.29 50.27 5611-52040 POSTAGE 1,720.00 5.70 0.00 358.54 0.00 1,361.46 20.85 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 4,200.00 204.86 0.00 3,297.84 0.00 902.16 78.52 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 12,920.00 720.89 0.00 7,160.09 15.00 5,744.91 55.53 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,779.91 0.00 1,220.09 59.33 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,779.91 0.00 1,220.09 59.33 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 182,890.00 0.00 0.00 134,492.00 0.00 48,398.00 73.54 5611-56040 SPECIAL SERVICES 124,950.00 19,876.15 0.00 111,481.91 0.00 13,468.09 89.22 5611-56080 ADVERTISING 50,500.00 175.00 0.00 31,283.72 4,132.00 15,084.28 70.13 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 1,824.08 0.00 35,791.85 0.00 15,708.15 69.50 5611-56110 COMMUNICATIONS 6,020.00 492.35 0.00 4,475.98 0.00 1,544.02 74.35 5611-56180 RENTAL 17,100.00 1,081.42 0.00 15,021.92 319.34 1,758.74 89.71 5611-56210 TRAVEL AND TRAINING 31,350.00 510.58 0.00 15,143.43 0.00 16,206.57 48.30 5611-56250 DUES & SUBSCRIPTIONS 7,740.00 50.00 0.00 7,416.95 0.00 323.05 95.83 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 3,621.10 0.00 10,015.85 0.00 2,484.15 80.13 5611-56570 ENGINEERING - ARCHITECT SVC 67,950.00 3,009.00 0.00 58,290.06 0.00 9,659.94 85.78 5611-56610 UTILITIES - ELECTRIC 4,200.00 332.97 0.00 3,031.66 0.00 1,168.34 72.18 TOTAL CONTRACTUAL SERVICES 559,200.00 30,972.65 0.00 426,748.33 4,451.34 128,000.33 77.11 8-13-2007 02:21 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 270,450.00 20,338.66 0.00 204,975.44 0.00 65,474.56 75.79 TOTAL DEBT SERVICE & CAP. REPL 270,450.00 20,338.66 0.00 204,975.44 0.00 65,474.56 75.79 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 155,000.00 0.00 155,000.00 0.00 50,000.00 75.61 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 25,000.00 0.00 0.00 100.00 5611-58210 STREETS & ALLEYS 472,530.00 0.00 0.00 387,394.16 0.00 85,135.84 81.98 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 0.00 0.00 5,152.81 0.00 4,847.19 51.53 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 155,000.00) 0.00 ( 155,000.00) 0.00 155,000.00 0.00 TOTAL CAPITAL OUTLAY 714,030.00 0.00 0.00 417,546.97 0.00 296,483.03 58.48 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 6,000.00 6,813.96 0.00 11,813.96 0.00 ( 5,813.96) 196.90 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 6,000.00 6,813.96 0.00 11,813.96 0.00 ( 5,813.96) 196.90 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 86,357.36 0.00 1,242,622.99 4,466.34 530,610.67 70.15 TOTAL EXPENDITURES 1,777,700.00 86,357.36 0.00 1,242,622.99 4,466.34 530,610.67 70.15 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) 20,912.21 0.00 ( 80,788.53) ( 4,466.34) ( 469,975.13) 15.35 *** END OF REPORT *** 8-13-2007 3:24 PM DETAIL LISTING PAGE: 1 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Ju1-2007 THRU Ju1-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION- VEND INV/JE # NOTE =====AMOUNT==== ====BALANCE==== 5611-52010 OFFICE SUPPLIES BEGINNING BALANCE 2,993.38 7/03/07 7/03 A93053 CHK: 023872 11475 ENGRAVING 000855 062507 12.00 3,005.38 7/11/07 7/11 A93557 CHK: 023951 11620 INVOICE #15393 000392 15393 166.81 3,172.19 7/11/07 7/11 A93557 CHK: 023951 11620 OFFICE SUPPLIES 000392 15393 36.88 3,209.07 7/27/07 7/27 A95365 CHK: 024329 11996 WALGREEN 000912 8277 JUN07 GERRY 3.86 3,212.93 7/27/07 7/27 A95365 CHK: 024329 11996 WM SUPERCENTER 000912 8277 JUN07 GERRY 9.68 3,222.61 7/27/07 7/27 A95365 CHK: 024329 11996 HOBBY-LOBBY 000912 8277 JUN07 GERRY 35.96 3,258.57 7/27/07 7/27 A95365 CHK: 024329 11996 WALGREEN 000912 8277 JUN07 GERRY 2.16 3,260.73 7/27/07 7/27 A95365 CHK: 024329 11996 WOLF CAMERA 000912 8277 JUN07 GERRY 4.31CR 3,256.42 7/27/07 7/27 A95365 CHK: 024329 11996 HOBBY LOBBY 000912 8277 JUN07 GERRY 32.98 3,289.40 7/27/07 7/27 A95365 CHK: 024329 11996 WOLF CAMERA 000912 8277 JUN07 GERRY 4.31 3,293.71 7/31/07 7/31 A95643 CHK: 024366 12075 CERTIFICATE HOLDERS 000855 11580 210.00 3,503.71 _____________ JULY ACTIVITY DB: 514.64 CR: 4.31CR 510.33 5611-52040 POSTAGE BEGINNING BALANCE 352.84 7/27/07 7/27 A95365 CHK: 024329 11996 THE GREAT AMERICAN STOR 000912 8277 JUN07 GERRY 5.70 358.54 _____________ JULY ACTIVITY DB: 5.70 CR: 0.00 5.70 5611-52130 TOOLS & EQUIPMENT BEGINNING BALANCE 0.00 5611-52160 TOOLS/EQUIP- $100-$999.99 BEGINNING BALANCE 0.00 5611-52810 FOOD SUPPLIES BEGINNING BALAN C E 3,092.98 7/27/07 7/27 A95365 CHK: 024329 11996 WM SUPERCENTER 000912 8277 JUN07 GERRY 3.98 3,096.96 7/27/07 7/27 A95365 CHK: 024329 11996 WM SUPERCENTER 000912 8277 JUN07 GERRY 21.32 3,118.28 7/27/07 7/27 A95365 CHK: 024329 11996 NAPOLIS 000912 8277 JUN07 GERRY 125.50 3,243.78 7/27/07 7/27 A95365 CHK: 024329 11996 BALLARD STR CAFE 000912 8277 JUN07 GERRY 54.06 3,297.84 JULY ACTIVITY DB: 204.86 CR: 0.00 204.86 8-13-2007 3:24 PM DETAIL LISTING PAGE: 2 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Ju1-2007 THRU Jul-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-52990 OTHER BEGINNING BALANCE 0.00 5611-54630 TOOLS & EQUIPMENT BEGINNING BALANCE 0.00 5611-54810 COMPUTER HARD/SOFTWARE BEGINNING BALANCE 1,779.91 5611-54990 OTHER BEGINNING BALANCE 0.00 5611-56030 INCENTIVES BEGINNING BALANCE 134,492.00 5611-56040 SPECIAL SERVICES BEGINNING BALANCE 91,605.76 7/11/07 7/11 A93485 CHK: 023925 11610 HWY 78 - BEH 001173 062507 75.00 91,680.76 7/11/07 7/11 A93486 CHK: 023925 11610 COOPER DRIVE 001173 063007 100.00 91,780.76 7/12/07 7/12 A93609 CHK: Q23961 11630 07-576 CONSULT FEE/REIMB 002109 07-576 18,167.02 109,947.78 7/17/07 7/17 A94146 CHK: 024052 11728 MOWING-TEXANS&STARBUCKS 001173 063007 TX CU/STARB 75.00 110,022.78 7/17/07 7/17 A94147 CHK: 024052 11728 MOWING BEH ROW 001173 070907 BEH ROW 75.00 110,097.78 7/17/07 7/17 A94148 CHK: 024052 11728 MOWING HENSLEY 001173 071007 HENSLEY 200.00 110,297.78 7/17/07 7/17 A94157 CHK: 024058 11728 CLEANING SERVICE-JUNE 002093 071607 200.00 110,497.78 7/17/07 7/17 A94157 CHK: 024058 11728 CLEANING SERVICE-JULY 002093 071607 300.00 110,79/.78 7/24/07 7/24 A94999 CHK: 024270 11886 DSHS ABSESTOS/DEMOL NOTI 001255 2007022841 57.00 110,854.78 7/25/07 7/25 A95094 CHK: 024280 11916 072307 BASE INSPECTION F 002301 072307 540.00 111,394.78 7/25/07 7/25 A95095 CHK: 024281 11916 R 1 071707 5.00 111,399.78 7/26/07 7/26 A95143 CHK: 024290 11944 706 COOPER 000101 126-0290-02 JUNE07 12.15 111,411.93 7/26/07 7/26 A95162 CHK: 024301 11944 ASBESTOS NOTIFICATION 1 2007022841 57.00 111,468.93 7/27/07 7/27 A95365 CHK: 024329 11996 LOWE'S 000912 8277 JUN07 GERRY 12.98 111,481.91 __= JULY ACTIVITY DB: 19,876.15 CR: 0.00 19,876.15 5611-56080 ADVERTISING BEGINNING BALANCE 31,108.72 7/11/07 7/11 A93564 CHK: 023936 11620 CONNECTION DESIGN 002098 013 75.00 31,183.72 7/11/07 7/11 A93564 CHK: 023936 11620 DALLAS BIZ JOURNAL DESIG 002098 013 100.00 31,283.72 JULY ACTIVITY DB: 175.00 CR: 0.00 175.00 8-13-2007 3:24 PM DETAIL LISTING PAGE: 3 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Jul-2007 THRU Jul-2007 ➢EPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET======DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-56090 COMMUNITY DEVELOPMENT BEGINNING BALANCE 33,967.77 7/12/07 7/12 A93719 CHK: 023991 11654 SPONSORSHIP JULY JUBILEE 001078 070907 250.00 34,217.77 7/18/07 7/18 A94229 CHK: 024073 11743 CHRISTIAN CARE CENTER 000832 071307 325.00 34,542.77 7/24/07 7/24 A94952 CHK: 024259 11876 NEW TEACHER LUNCHEON 000468 106320 10166 105.00 34,647.77 7/24/07 7/24 A94958 CHK: 024255 11876 FOUNDATION GALA 1 072007 1,000.00 35,647.77 7/27/07 7/27 A95365 CHK: 024329 11996 HOME DEPOT 000912 8277 JUN07 GERRY 144.08 35,791.85 JULY ACTIVITY DB: 1,824.08 CR: 0.00 1,824.08 5611-56110 COMMUNICATIONS BEGINNING BALANCE 3,983.63 7/19/07 7/19 A94471 CHK: 024161 11800 CELL PHONE EXPENSES 000298 000199891 6/25 211.73 4,195.36 7/20/07 7/20 A94658 CHK: 024217 11825 TELEPHONE SERVICE 000190 972-442-7901 JULY 185.62 4,380.98 7/20/07 7/20 A94676 CHK: 024215 11825 INTERNET SERVICE 002052 0190169 7/18 95.00 4,475.98 JULY ACTIVITY DB: 492.35 CR: 0.00 492.35 5611-56180 RENTAL BEGINNING BALANCE 13,940.50 7/18/07 7/18 A94340 CHK: 024134 11765 B & W COPIES 002051 105696 43.58 13,984.08 7/18/07 7/18 A94341 CHK: 024134 11765 COLOR COPIES 002051 105697 137.84 14,121.92 7/24/07 7/24 A94891 CHK: 024239 11871 RENT AUG07 002050 071707 AUG07 900.00 15,021.92 JULY ACTIVITY DB: 1,081.42 CR: 0.00 1,081.42 5611-56210 TRAVEL AND TRAINING BEGINNING BALAN C E 14,632.85 7/03/07 7/03 A93039 CHK: 023859 11466 062907 MILEAGE 6/01-6/30 001899 062907 MILEAGE 87.93 14,720.78 7/18/07 7/18 A94338 CHK: 024132 11765 AMEX CHGS JUN07 000035 87002 JUNE07 577.35CR 14,143.43 7/31/07 7/31 A95636 CHK: 024368 12075 2007 ANNUAL CONFERENCE 000362 41348 1,000.00 15,143.43 JULY ACTIVITY DB: 1,087.93 CR: 577.35CR 510.58 5611-56220 PROFESSIONAL TRAINING BEGINNING BALANCE 0.00 8-13-2007 3:24 PM DETAIL LISTING PAGE: 4 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Jul-2007 THRU Ju1-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION==-==_= VEND INV/JE # NOTE --AMOUNT-- =-==BALANCE==== 5611-56250 DUES & SUBSCRIPTIONS BEGINNING BALANCE 7,366.95 7/11/07 7/11 A93559 CHK: 023948 11620 MEMBERSHIP DUES 001078 1054 010107 50.00 7,416.95 __ _____= JULY ACTIVITY DB: 50.00 CR: 0.00 50.00 5611-56310 INSURANCE BEGINNING BALANCE 303.00 5611-56510 AUDIT AND LEGAL SERVICES BEGINNING BALANCE 6,394.75 7/03/07 8/10 B11300 01736 je3540; coding corr land purch JE# 003540 3,604.10 9,998.85 7/19/07 7/19 A94469 CHK: 024155 11800 ATTORNEY FEES 000023 40 2793-0001M 17.00 10,015.85 ____________= JULY ACTIVITY DB: 3,621.10 CR: 0.00 3,621.10 5611-56570 ENGINEERING - ARCHITECT SVCS BEGINNING BALANCE 55,281.06 7/24/07 7/24 A94862 CHK: 024245 11871 ENGINEERING FEES 000196 0551G 3,009.00 58,290.06 ______= JULY ACTIVITY DB: 3,009.00 CR: 0.00 3,009.00 5611-56610 UTILITIES - ELECTRIC BEGINNING BALANCE 2,698.69 7/17/07 7/17 A94155 CHK: 024053 11728 WATER 002091 124-0020-00 MAY07 8.98 2,707.67 7/17/07 7/17 A94156 CHK: 024053 11728 ELECTRIC 002091 301-1901-98-4 JUNE 323.99 3,031.66 JULY ACTIVITY DB: 332.97 CR: 0.00 332.97 5611-57110 DEBT SERVICE BEGINNING BALANCE 184,636.78 7/17/07 7/17 A94114 CHK: 024040 11716 PAY #12 JULY07 002048 PAY #12 JULY07 3,774.70 188,411.48 7/19/07 7/19 A94449 CHK: 024147 11796 104015301 #21 072607 001792 104015301 #21 10,822.48 199,233.96 7/23/07 7/23 A94775 CHK: 024220 11847 PAY #41 AUG07 000891 PAY #41 AUG07 5,741.48 204,975.44 __= JULY ACTIVITY DB: 20,338.66 CR: 0.00 20,338.66 8-13-2007 3:24 PM DETAIL LISTING PAGE: 5 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Ju1-2007 THRU Jul-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE 4 NOTE AMOUNT==== ====BALANCE==== 5611-58110 LAND BEGINNING BALANCE 0.00 7/03/07 7/03 A93038 CHK: 023860 11466 2232002166 PURCHASE 3.2 001348 2232002166 158,604.10 158,604.10 7/03/07 8/10 B11300 01736 je3540; coding corr land purch JE# 003540 158,604.10CR 0.00 7/03/07 8/10 B11300 01736 je3540; coding corr land purch JE# 003540 155,000.00 155,000.00 JULY ACTIVITY DB: 313,604.10 CR: 158,604.10CR 155,000.00 5611-58120 DEVELOPMENT FEES BEGINNING BALANCE 25,000.00 5611-58210 STREETS & ALLEYS BEGINNING BALANCE 387,394.16 5611-58810 COMPUTER HARD/SOFTWARE BEGINNING BALANCE 0.00 5611-58830 FURNITURE & FIXTURES BEGINNING BALANCE 5,152.81 000 ERRORS IN THIS REPORT! * * * * * * * * * * * * * * ** REPORT TOTALS ** --- DEBITS --- --- CREDITS --- BEGINNING BALANCES: 1,006,178.54 0.00 REPORTED ACTIVITY: 366,217.96 159,185.76CR ENDING BALANCES: 1,372,396.50 159,185.76CR Wylie Economic Development Corporation Balance Sheet Subledger July 31, 2007 Inventory-Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 JTM Sale -2.00 -51,032.00 Hughes 211 -212 Industrial 0.74 10,000 420,361.00 R.O.W. 0.18 41,585.00 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.00 Heath 706 Cooper 0.46 3,625 186,934.00 Perry 707 Cooper 0.491 n/a 200,224.00 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 29.55 2,013,395.00 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. Wylie Economic Development Corporation Balance Sheet Sub ledger July 31, 2007 Notes Payable Payment Principal Interest Principal Balance June 30, 2007 $1,311,662.86 July Inwood(#21 of 120) $10,822.48 $7,319.77 $3,502.71 $724,656.83 Birmingham(#41 of so) 5,741.48 5,110.97 630.51 102,976.13 Hughes(#12 of 120) 3,774.70 2,191.70 1,583.00 314,407.44 City of Wylie(#1 of 24) 6,813.96 6,142.29 671.67 148,857.71 July 31, 2007 $1,290,898.11 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JULY 2007 MONTH WEDC WEDC WEDC DIFF % DIFF 2005 2006 2007 06 VS 07 06 VS 07 DECEMBER $58,817 $74,957 $82,910 $7,953 10.61% JANUARY 58,034 74,764 86,614 11,849 15.85% FEBRUARY 96,492 110,794 121,615 10,820 9.77% MARCH 55,710 88,544 83,172 -5,372 -6.07% APRIL 58,530 67,714 81,377 13,663 20.18% MAY 92,311 113,042 124,616 11,575 10.24% JUNE 69,185 86,454 86,779 325 0.38% JULY 69,448 89,148 90,996 1,848 2.07% AUGUST 98,067 122,188 SEPTEMBER 70,260 69,876 OCTOBER 53,819 78,861 NOVEMBER 104,937 122,383 Sub-Total $885,609 $1,098,726 $758,079 $52,661 7.47% AUDIT ADJ TOTAL $885,609 $1,098,726 $758,079 $52,661 7.47% WEDC SALES TAX ANALYSIS $140,000 $120,000 lil$100,000 I r.: $80,000 r, .'r,, ;',-;:'* rr1,,,; 1 IPI IIIMIIo2006 $60,000 �, ■2007 $40.000 ■ * 1,,' 1 tr ' 1 I 1°4 1 2' , 'liii,i'f $20,000 F'° !1t,l1-;'.1'i ,,d,,.1;, �£ I; II 1 1 It 1 : 11 . 1. 1t$0t 1 1 1G 1 1l1. 1i LLIJI ti 22 as Q , m E 3 E a) -, Li- CDCD ° 11; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 8, 2007 Budgeted Amount: Exhibits: 6 Subject Hold a Public Hearing and consider, and act upon, a request for a Specific Use Permit (SUP) for Industrial, (Outside) use on 1.88 acres (Wyndham Estates Phase 3, Lot 1) generally located east of Eubanks Lane and approximately 1,080 feet south of S.H 78. (3501 Eubanks Lane) Zoning Case 2007-04 Recommendation Motion to accept the withdrawal of Zoning Case No. 2007-04 at the request of the owner, Joe Cowgill. Discussion Owner: Mr. Joe Cowgill Applicant: Mr. Tony Mosco, Prestige Gunite The legal owner of the property has decided not to move forward with the development and request that the zoning case be withdrawn from consideration. Staff received a written letter from the owner, requesting to withdraw this case on July 16th, 2007. However,because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Approved By Initial Date Department Director RO 8/08/07 City Manager t la3 101 Page 1 of 1 .ice 10 ...,..•"• —' `_„Y' ! III,', `•` `( a,. i r: ... /*/, 'IPA '.f.a.t.\:\ / 11 _liciSubject ' :4 *4*. == �..rI Property ,►t _ __ -•- ...........\ . , , .. - '� -� i , ; , .... , ri.,____, ,,,,.... . ..-. r''1 : i 57-1 • • 1 • r ' �, 3• State H,.hwo No. , I i` t, • TL_ _... 1. . , �� Nj ]- - -�- _ 2011111111111II •r/ k � L_�. sznAillimiii • • 00i.�° `� `, I: �1' �~m iA11111111i1 IIRRILL„ _to LI ;� �:�111111111111111111111111111 r" �`° - ---i` �,�7'4' � ITiliiluIuuulul,1n1111 I nunillilnnnnlunu►i�__:�,1111111 1 . - i m1II: K=�L iI1i1ip I j, ,• � 1 :; , , „.,,�. . • 1- :,� �.i���IIInI11�II1111 I J i .:: II• I III b ; -, I rill' �aLim: 1 la ��.:�WM ! ; Ma'.4I 1-i-�i i _._.._..._.� ! �— • -I -,.-! -- -- - . ... ■= ,: i....i:..� :: ..■ 11111111111�111111 —T _ --—- - ■l/t� -- -- _._.. �'i %: f ��. . f, 11111111111i~:1111111 j i, ; :. I11ii�j lit .l'.111.11. Ii111111.c +iJllll- �,'. 1�V , ' :'illill�� �'���� 11111111 111%11111'I, _.__._._.. _ 11111�: :�' �1u.��v111 ■11i11 M I i �.�I 111111 , �1111`; II 1111111111111111115,SS \ ♦•♦ r.•� = 11111'.1 \� 11ii' ; iimmix11i111ii i _._._----__ _ _ .. ■■i'.� tea, s., ,. .1r111im,11ii - -!- ► ,.-, rt liff 1I ,111111111�MA� �--� I — III%, I4�,/111111111111 ' , I r :,o11 .4 1I1111i1111 1111rumIl r-„ii.in;: LrI `e,x \, f -----------;--- :--------..-._._--,___ 7 .3:i2 .. it/111111 ��11'p aIiiiy\i*t I • ... _:�11111111�1./.1�»_ 1i■.1„n 4 1 1. mi...........:b ,� NI1j i i i I R i I I II nutty N. r 1 ; `-- ., ,' j s.-s k-. : I , ,. LOCATION MAP ZONING CASE #2007-04 03-07-'07 13:30 FROM-First sank Fvi11e 9727846362 T-464 P003/003 F-403 1 ..1 / -- I 0 / _i Q ......._...,y _� _.._...� . _ . . -- — — ':---I ! • 4 / ICUU tI, I f % • ?Ile . . t i • . ( u) ! , •� w �--' • i s....w ,.....,..) __J -:. 1 / • -1.- <1. n„, i‘i,(ely r1 \ Ov-. Y 7 -Z i o 1 I ( j V J ,o 4• z f 1,} • 1 C. '`L •i • i .J c.0 . r I i W f �?. 1t..Y:J 1,0. . 7----f. ..,...-,....... . ,_ . •• • ••••._ • ...... .._,. . . . ,.. • .. .. , .r. , ,,, 4. y in 2,2:ased SZ0c8992L6:01 :woJ. 90:20 L002-02-AUW July 16, 2007 City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 TO WHOM IT MAY CONCERN: Re: Zoning Case No. 2007-04 Applicant—Tony Mosco with Prestige Gunite Location—East of Eubanks Lane and south of SH 78 Property Description—3501 Eubanks Lane, being Lot 1 in the Wyndham Estates Phase 3 Addition, City of Wylie, Collin County, Texas This letter will serve as my request to cancel the Planning and Zoning Commission Hearing scheduled for Tuesday,August 7,2007, at 7:00 p.m. and City Council hearing scheduled for Tuesday, August 28,2007, at 6:00 p.m. I am the owner of said property, and prospective tenant Mr.Mosco has failed to acknowledge our calls to him and has not made any commitment toward renting this property. Since it appears he will not be a tenant at this property,the special usage permit is no longer needed. Thank you for your consideration.If you have any questions, please feel free to contact me at 214-546-8318. Sincerely, ?'&& 1,� 44 Cowgill Owner CC: Tony Mosco Prestige Gunite James Billington Freedom Real Estate NOTIFICATION REPORT APPLICANT: Tony Mosco with Prestige Gunite APPLICATION FILE #2007-04 7225 C Westport Place West Palm Beach, FL 33413 lid BLK/ABST I LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Tony Mosco 7225 C Wesport Place 1 Prestige Gunite West Palm Beach, FL 33413 Wyndham Est#9 3020 Paint Brush Trail 2 Lot 1 • R-2057-000-0010-1 Joe Cowgili Rockwall, Texas 75032 Wyndham Est#3 PO Box 941209 3 --- Lot 2 R-2057-000-0020-1 Gallagher Construction Company Plano,Texas 75094 Wyndham Est#3 PO Box 941209 4 --- Lot 3 R-2057-000-0030-1 Gallagher Construction Company Plano, Texas 75094 Wyndham Est#3 PO Box 519 5 --- Lot 4 R-2057-000-0040-1 Arthur Criscuolo Wylie, Texas 75098 Wyndham Est#3 PO Box 1132 6 --- Lot 6R R-2057-000-006R-1 Tommy Pulliam Wylie,Texas 75098 Wyndham Est#3 PO Box 1132 7 --- Lot 8R R-2057.000-008R-1 Tommy Pulliam Wylie, Texas 75098 Wyndham Est#3 304 N.Yale Blvd. 8 --- Lot 9 R-2057-000-0090-1 Jerry Randack Richardson,Texas 75081 Wyndham Est#3 304 N.Yale Blvd. 9 --- Lot 10 R-2057-000-0090-1 Jerry Randack Richardson,Texas 75081 Wyndham Est#3 3825 Leathertop Drive 10 --- Lot 14R R-2057-000-014R-1 Clera Chase, LLC Piano,Texas 75075 1011 E. Brown Street 11 Abst 688-1 Tract 213 R-6688-001-2130-1 Rodney Smith Wylie,Texas 76098 HCREA Wylie Painters I, LP 13455 Noel Road, Ste 1710 X 12 Abst 688-2 Tract 58 R-6688-002-0580-1 Attn: Stuart Smith Dallas,Texas 75240 13 14 15 16 © = For 17 X ` No,irn-f-- 18 \ / \ / \ / \ ' / \ r . . _ . \ n - !Y ,! t �y b r j-lc r J y2, 1 F 1 Y' ? (c T I1 , 16 I „ ,- 1 U 17A • J / 6R 0 _ llre . - Zo 1 7r 213 Qrive 1y� 21 1 2� e 22 23 26R 1 is.. 19B 14 1 I r.. . .._ .. __.. . . 24 I O / ' ( 20 I I 1 I l I 1 1 26 + I 2 2 25 OWNER NOTIFICATION MAP O=For ZONING CASE #2007-04 x = hGtni~r NAY PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning.Case #2007-04. / +r I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2007-04. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 7,2007,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 28,2007,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,.Texas Name: ` 1"C W:t U/05 LT) (please rint) ' ` Address: tJD(i (% Ok0 1-L 1g Signature: Dale: (71.Uc1 74STS: zitato A�act�►� fLt!a !►'�5�� �.l �T� 5 i •Ulu L► . Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee, AICP Account Code: Date Prepared: August 8, 2007 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, amending Ordinance No. 2002-52 with Specific Use Permit 06-14 zoning to allow for Neighborhood Services District on a 2.03 acre tract, Block E, Lots 1 & 2 of the Lake Trails of Bozman Farms Addition. Zoning Case 2007-05 Recommendation Motion to approve amending Ordinance No. 2002-52 with Specific Use Permit 06-14 to allow for Neighborhood Services District on a 2.03 acre tract, Block E, Lots 1 & 2 of the Lake Trails of Bozman Farms Addition. Discussion Owner: LT Lake Trails 544, L.P. Applicant: Mr. Phil Clegg, Managing Director The subject property is located at the northeast corner of Collins Boulevard and F.M. 544 within the Bozman Farms Estates & Lake Trails of Bozman Farms Planned Development District (Ordinance No. 2002-52). The 475-acre planned development zoning was adopted by City Council in December 2002 allowing for medium density & multifamily residential uses and some community retail uses in certain areas. In addition, parkland dedications, a pond & landscaped open space areas and other amenities are being provided by the developer. In March 2006, the applicant requested and City Council adopted an amendment to Ordinance No. 2002-52 assigning a Specific Use Permit (SUP 06-14) to allow for a Day Care Facility on the subject property. At that time, developers envisioned this nonresidential use of the property as an appropriate location and a preferable use in providing childcare services to surrounding residential areas. The prospect for a day care facility has yet to materialize and the applicant is proposing other nonresidential uses for the property. This request proposes to amend the Ordinance to allow for Neighborhood Services zoning on the two lots totaling 2.03 acres, Lake Trails of Bozman Farms Addition, Block E, Lots 1 & 2. The NS district is intended to serve the immediate & adjacent neighborhoods with convenience of goods and services at the same time supplementing public sales tax revenues. The proposal is generally consistent with the master planned development for the Bozman Farms in providing low impact nonresidential uses. The concept for the initial zoning for the subdivision centered around the Village Center design, thereby providing commercial/retail uses in the core of the overall development. If approved, the proposal would allow for these low-impact nonresidential uses to be incorporated at the entrance of the subdivision and serve adjacent residential properties Page 1 of 2 Page 2 of 2 as well. The oval shaped property is bounded by F.M. 544 to the west and Collins Boulevard to the south. F.M. 544 is a two lane collector with approximately 90 feet R-O-W for future expansion and Collins Boulevard is a divided collector serving as the main entry into the Bozman Farms residential subdivision. Lot 1 is approximately 1.26 acres in size and has natural terrain and several mature trees located towards the center. Due to a 50' Explorer Pipeline Easement and portions of a 30' gas line easement running along the northern portion of Lot 2 renders this lot somewhat un-developable as a stand alone lot. Unincorporated tracts to the north and south are homesteaded properties not zoned but are being used for residential, and miscellaneous non-residential purposes. Private open space lies to the southeast of this request and to the west across F.M. 544, properties are zoned for residential uses (Collins Estates). The Comprehensive Plan designates Medium Density Residential for the area of this request. The overall planned development is consistent with the City's Land Use Philosophy and Comprehensive Land Use Map. At this time Bozman Farm Subdivision is approximately 40% to 45% built and Lake Trails of Bozman Farms approximately 35% to 40% built. Collins Estates to the west is also approximately 30% built out, in addition to Alanis Boulevard approaching completion next year are items to consider in evaluating this case. Prior to the issuance of permits, a site plan must be approved by Planning & Zoning Commission that demonstrates how the tract will be developed and how design standards will be met. A tree preservation plan is required prior to development of the property. The Planning &Zoning Commission voted to recommend approval of the request 5-1. Notification/Responses: Four notifications were mailed, with no written response returned favoring the request and no response opposing the request at the time of posting. Approved By Initial Date Department Director RO 8/08/07 City Manager flVY\ g I� (o7 -syy, i1II r. d1111 III _.._.. .._.._.. . —� :a■■■■� ��I l all i l l l .• i rr III 1.11111— --'r---'-- ' • Pr ` Subject 7 I r t 1 j j 1 iitaL : ., • ‘ , I!j;___________ ,._ 11111 40, '—„, lik .----„, %. • ,-asn-a, ,. sty 411pig lin..-ifif Ar Ilk • s. FFIa i ! r.. unati ! ..,... , F Awil. NE . ._..__ 1_ j .,P,,4i1 , \ III ; i i ! i III IqI- i n . r�uuy ! i i i ,. , . Iiii I i I J'__'�_I� I . , i' ximmiGTi•- , , N, i i i rent \. i , i ..4„„, l% 1111111111. 144 ar*, , 1 ' - t\\***""", ammint ,.,t, - - * ,sum . , mini -�3.ti._ . ----._.._ ..._ .IN r�prrurrr.-_ allnilletaoad I l 1 1 1 l T -'tifd 11 a�� 4r� 111� r11 r F' An _.._._..-rwr wit -.�._.._. ^- - ---l-.._..J whet" goad —! i i i i i 1 i i • —i �__..__' i..._.._..� it i r ! i j r I -i I i i i LOCATION MAP ZONING CASE #2007-05 June 26,2007 Ms. Rene'011ie Planning Director City of Wylie 2000 Highway 78 North Wylie,TX 75098 Re: Re-zoning of on 2.029 acres located in Bozman Farm Estates at the n/e corner of Collins Blvd and FM544 (South Stone Road)under PD 2002-52 from SUP 06-14 for Day Care Facility to Neighborhood Services Dear Ms. 011ie: As a follow up to our recent discussions regarding the potential rezoning of the above property, I am writing this letter to formally request that LT Lake Trails 544, L.P. be placed on the first available docket for a Planning and Zoning hearing. In support of this request, we would assert that the immediate area residents and present traffic patterns would be better served with a small neighborhood services development as opposed to the originally planned day care facility. We are confident that the general area build up is sufficient to support a small retail services center at this location. I would draw your attention to the following on-going and / or new developments within this proposed trade area: ❖ The continuing build out of Bozman Farm to a maximum of 1360 units including some 200+ MF units. The majority of this traffic will exit Collins Blvd at FM 544 at the subject site. ❖ Collins Estates which is directly across the street in which homes are currently under construction; ❖ Braddock Place is just west of the subject property and is currently under development; future build out will include some 600 homes. ❖ Pheasant Creek Estates—a total of 291 homes which are rapidly building out. ❖ WaterMark—a newly completed development which will consists of a total of 56 homes; initial home construction is now under way; ❖ Upon completion of Alanis Road late this summer or early fall, considerable traffic will be funneled by or near the subject site with the opening of this more direct route to Hwy 78 for a good portion of the eastern section of Wylie. Currently there is no local neighborhood service center in this general east Wylie area;we think this small retail development will provide a much needed convenience for the immediate area residents for such permitted uses as dry cleaning or laundry, general merchandise or food store, personal service, restaurant, etc.A project of this small size will not detract from other future NS site projected in the broader area. Please review and let me know a good time to meet and fill out the zoning application. Sincerely, RED Group Development (on behalf of LT Lake Trails, 544, LP) C. Phillip Clegg Managing Director -y, `. t v Y_wr.t14,J.,-.-41.1 ,...( ik,t - t.. •-1' ill: + -I. r �. . • • \' x . r ! '•',- _ r ,!/ ' 1 % s`�t t' cz _ `'� t rr.Wr t,t.. nt. .5„4rrq tp '....../''' j'; w 1117 (r;j vio it .l.i�ro•lF .re 1 � t. ' ,.,;•. CF l'I • ltl;t't, •�eo Mf.L: .'•;n Fh 1 K •<y+t,4 ,Ivt i • 1 I 1 i • srcrrrcca •M : - • .;• - NOTIFICATION REPORT APPLICANT: Phil Clegg of LT Lake Trails 544, LP APPLICATION FILE #2007-05 1771 International Parkway, # 127 Richardson,Tx. 75081 I # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Phil Clegg 1771 International Pkwy#127 1 LT Lake Trails, LP Richardson,Texas 75081 Lake Trails Bozman Fms 1771 International Pkwy#127 2 BIk E I Lot 1 ( R-8449-00E-0010-1 LT Lake Trails, LP Richardson,Texas 75081 Lake Trails Bozman Fms 1771 International Pkwy#127 3 Bik E I Lot 2 I R-8449-00E-0020-1 LT Lake Trails, LP Richardson,Texas 75081 Lake Trails Bozman Fms Lake Trails of Bozman Farm HOA 1771 International Pkwy#127 4 Bik X I Lot 1 I R-8449-00X-0010-1 c/o LT Lake Trails 544, LP Richardson,Texas 75081 Lake Trails Bozman Fms Lake Trails of Bozman Farm HOA 1771 International Pkwy#127 5 Bik X I Lot 6 I R-8449-00X-0060-1 c/o LT Lake Trails 544, LP Richardson,Texas 75081 Lake Trails Bozman Fms Lake Trails of Bozman Farm HOA 1771 International Pkwy#127 6 BIk X Lot 7 R-8449-00X-0070-1 c/o LT Lake Trails 544, LP Richardson, Texas 75081 Bozman Farms Ph 1 Bozman Farm Estates 1A HOA 5001 LBJ Freeway,Suite 830 7 Blk M Lot 1 R-8460-00M-0010-1 c/o Bozman Farm Development Ltd Dallas,Texas 75244 Bozman Farms Ph 1 Bozman Farm Estates 1A HOA 5001 LBJ Freeway,Suite 830 8 BIk M Lot 2 R-8460-00M-0020-1 c/o Bozman Farm Development Ltd Dallas,Texas 75244 Bozman Farms Ph 1 17855 Dallas Parkway,Suite 200 9 BIk E Lot 24 R-8460-00E-0240-1 RH of Texas, LP Dallas,Texas 75287 Bozman Farms Ph 1 17855 Dallas Parkway, Suite 200 10 BIk E 25 R-8460-00E-0250-1 RH of Texas, LP Dallas,Texas 75287 Bozman Farms Ph 1 17855 Dallas Parkway, Suite 200 11 BIk E 26 R-8460-00E-0260-1 RH of Texas, LP Dallas, Texas 75287 Bozman Farms Ph 1 17855 Dallas Parkway, Suite 200 12 BIk E 27 R-8460-00E-0270-1 RH of Texas, LP Dallas, Texas 75287 Bozman Farms Ph 1 Bozman Farm Estates 1A HOA 5001 LBJ Freeway,Suite 830 13 Bik E 28 R-8460-00E-0280-1 %Bozman Farm Development Ltd Dallas,Texas 75244 1600 S. Lakeshore Drive 14 Abst 23 Tract 19 R-6023-000-0190-1 Collins Estate, LLC Rockwall, Texas 75087 15 16 17 18 L 37 { _ . . _ . . _ . 45 44 43 42 41 40 39 38 f Iron Horse Street \ 15 16 8 9 10 11 12 14 1 f I .. _ .. — .. — .. 25 24 23 21 20 19 ?n ,, iii ..I ins Circle f . . i-'^ )), i2 O di 6025 Quo O i i i G° .._..— . ---i 51 �, 4i _ so ill: a` 43 I t �l OWNER NOTIFICATION MAP ZONING CASE #2007-05 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 3 (City Secretary's Use Only) Department: Planning Prepared By: Charles Lee, AICP Account Code: Date Prepared: August 8, 2007 Budgeted Amount: S Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, a change in zoning from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Zoning Case 2007-06 Recommendation Motion to approve Zoning Case 2007-06, regarding a change in zoning from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Discussion Owner: Arapaho East, Inc. Applicant: LGD Properties, Inc. The subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal submitted will include approximately 27 townhouse units on 5 acres. The property is a triangular shaped tract that is bordered by Heavy Industrial (HI) District to the north and west and a Planned Development District (Wylie Lakes) currently under construction for mixed use development including residential of varied densities and commercial uses to the east. The entire tract will be developed to Townhouse (TH) District standards with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. Minimum dwellings size shall be 1,200 square feet. The applicant is not requesting any variance from the Ordinance. The Commission voiced safety concerns regarding the existing Y-intersection of Lynda Lane &Forrest Ross Road. The Y-intersection continues to be a public safety issue. Subject to Fire & Engineering Depaitnient's review, the applicant is open to alleviating this concern by realigning/redirecting traffic from Lynda Lane thru the proposed subdivision and connect with Forrest Ross Road. The philosophy of the Comprehensive Plan recommends medium-density residential for the subject property. The medium-density residential category includes only detached single-family dwellings of not more than 4 dwelling units per acre (minimum lot size of 10,000 square feet). Typically these areas are designed as traditional suburban residential neighborhoods located closest to vehicular thoroughfares and urban services such as retail, schools and parks. Due to the constraints in the triangular configuration of the subject property, the requested higher-density does render the subject property more desirable for development. Page 1 of 2 Page 2 of 2 The Wylie Lakes Subdivision to the immediate east of the subject property is a planned development district consisting of 293 residential lots, including 185 single-family units on 8,500 square feet lots,80 detached patio/townhouse units and the remaining 28 lots to be developed as 1 acre lots. This is a density of approximately 2.4 units per acre. The proposed request would yield a density ranging from 4.8 to 5.4 dwelling units per acre if designed as submitted. A small tract to the northeast of the subject property is zoned Neighborhood Services,but is partially publicly owned and not developable for private retail uses. An approved Concept Plan allocates 55.5 acres of the central portion of Wylie Lakes (Tract 2) as neighborhood service retail,patio homes designed to Townhouse regulations, 8,500 square feet lots, and public park. The Townhouse District is a single family residential district allowing between 2 and 7 attached houses on individual lots and requires a minimum lot size of 3,000 square feet. The TH District requires a minimum dwelling size of 1,000 square feet for 2 dwellings, and 1,200 square feet for 3 or more dwellings. The proposed request meets the development standards for yard, lot and space requirements for TH District, including density, height, and unit size. This item was presented in 2006 as a request for Townhouse development. The previous request included approximately 41 townhomes on the 5 acre tract with three points of access, two from County Road 387 (Forrest Ross Road) and one from County Road 389 (Lynda Lane). Fees in lieu of parkland dedication will be due at final platting. The Planning&Zoning Commission voted to recommend approval of the request 5-1. Notification/Responses: Five (5) notifications were mailed, with one written response favoring the request and one written response opposing the request returned at the time of posting. Approved By Initial Date Department Director RO 8/16/07 City Manager j1��� �Ia4o1 t 1 l I �;lOn 1 1 j i HH :►sue.= 7 G,atiP• _mow ; n^ J VI G�� `'� .. . I._r- - !.erAlit l l .., ,,-...\....\ 11 /,/ 1 ' tit . �: r 1. j Subject deg + ``,, r ', i Properly • o a ■� r i -fp - ,. , .............---- .........„..... 11 .- / I 1 1 Oj i 1a (State Highway No. 7 L 8 ,° _.._..t.._.._..i.._.._.._..y.i.._.._....._i._.._.._..i.._.._.._i_,._.,_...i 1 i ! 1 • ! n 1 n N. i ` 1 1 f Y i i i ..N m NO 1 s J I l : t LOCATION MAP ZONING CASE #2007-06 EXHIBIT "A" .....•,• •" tie•':' h, IF 14401% .ftillr4 . / ,-, . . . , ... „ .... /111;°,,-;-' 1 �1 r ' . 1 _ _I osz , • (I: ::j.) ,..#e.4/9. ,.. 1 :.‹..\N:\\31,.....-• • (3 ' .Z.Z.° ilk...' ' ''''''. dr • ki to. / //,,,,c'szr) , . .. .I{ t / : .L �` L • „. .... _:s. -- 4 . .,. .. ....... . iI , . , , „. ,,,. .. . ....- I / . . _ _, , .. . . . - , - ,, . ,, , . .. ,.„ .,.... .... . , . , ..„.„. ..... ...,.... ....,. . ,...0 .., .... ......... . ..... CONCEPTUAL LAND PLAN . ... ...._ Wylie 5 Ac. Tract., Wylie, Texasr - Carter aur.•ess:. NOTIFICATION REPORT APPLICANT: Larry DeBerry with LGD Properties, Inc. APPLICATION FILE #2007-06 PO Box 2589 Wylie, Texas 75098 BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Larry DeBerry PO Box 2589 1 LGD Properties, Inc. Wylie,Texas 75098 PO Box 2408 2 ,Abst 688-1 Tract 74 R-6688-001-0740-1 North Texas Municipal Water District Wylie,Texas 75098 PO Box 2408 3 Abst 688-2 Tract 29 R-6688-002-0290-1 North Texas Municipal Water District Wylie,Texas 75098 5949 Sherry Lane#1225 t) 4 Abst 688-2 Tract 72 R-6688-002-0720-1 Arapaho East, Inc. Dallas,Texas 75225 Collin County 210 S. McDonald Street 5 CR 389 Commissioner's Court McKinney,Texas 75069 6 7 8 9 10 11 12 13 14 15 16 17 0 = ! C`r Y' 18 ?C ts0,.l ns4-P r ti 7 7: �l f • AF J � C,'1Y l„t [f"5 688~1 :, 34 r � • 6 i r• ,f � f rf /" a -t f iit 1 >7` f { . J! 1 f ,; f4 t ' /O / / ' `/ /• / / / , • • • • • • OWNER NOTIFICATION ZONING CASE #2007 AP ° °' )C = r�i ns+ -11/Iob PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 XI am FOR the requested zoning as explained on the attached public notice for Zoning Case #2007-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2007-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 7,2007,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 28,2007,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: e T r!er..4444'!4 (please print) Address: 59q9 5bP-e`f LA). Jr . /ZZo i>,11, 5- 7--3-- Signature: Date: 7.jk.P7 COMMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: August 28, 2007 Item Number: 4 Department: Finance Department (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: Date Prepared: August 13, 2007 Budgeted Amount: Exhibits: Subject Hold the Second Public Hearing on the proposed tax rate for fiscal year 2007-2008 and provide taxpayers an opportunity to express their views on the tax rate and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed tax rate. Recommendation A motion to set September 11, 2007 at 6:00 pm at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place at which council will vote on the final proposed tax rate. Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, on August 14, 2007, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate. The first public hearing was held on August 23, 2007. The second public hearing is scheduled for August 28, 2007. The notice of the two public hearings were published in the McKinney Courier-Gazette on August 16, 2007, and the Rowlett News on August 16, 2007 and the Wylie News on August 22, 2007. The purpose of the second public hearing on August 28, 2007, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. The proposed budget is based on the proposed tax rate of $0.73325 per $100 valuation. This is the rate previously discussed by the Council. Any change in the proposed tax rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines. Approved By Initial Date Department Director LW 08/13/07 City Manager /1\ g)c) /1Y7 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 5 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 22, 2007 Budgeted Amount: Exhibits: Subject Hold a Public Hearing on the fiscal year 2007-2008 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. Recommendation A motion to set September 11, 2007 at 6:00 pm at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place at which council will vote on the final proposed budget. Discussion A Public Hearing is required to be held on the fiscal year 2007-2008 Proposed Budget and schedule the time and place that the vote will be taken on the proposed budget. This meeting is currently scheduled for September 11, 2007. The City is required by law to follow certain meeting and notice (publication) guidelines. At the last budget work session, Council requested that staff provide an in-depth cost analysis of specific items. Attached is an outline of cost analysis associated with the items that Council has asked staff to address. Approved By Initial Date Department Director LW 08/23/07 City Manager ll . cJ&3I°Q /'r Page 1 of 1 ITEMS REQUESTED BY COUNCIL DURING BUDGET WORKSESSIONS 1. COST TO ADD AN ADDITIONAL CLEAN UP/GREEN UP: Dates: Early January, late April and early October 2008. COSTS: PER EVENT THREE EVENTS Employee Overtime $3,500.00 $10,500.00 Free Dumpster Hauls 7/event 20 free total/year Charged Dumpster Hauls $15,000.00 $45,000.00 Electronics Recycling $4,000.00 $12,000.00 Tire Recycling—April 2008 only $1,500.00 $0.00 Fencing Rental $800.00 $2,400.00 Backhoe Rental $1,400.00 $4,200.00 Gravel for Cleanup Site $5,000.00 $15,000.00 Flyers/Sign Materials $1,000.00 $3,000.00 Totals $32,200.00 $92,100.00 (Includes one tire recycling). 2. COSTS TO ADD ADDITIONAL STAFF AND CHILDREN TO WYLIE WAVE Current Wylie Wave Revenue/Expenses Expenses (based on FY 2006-07): Staffing $85,000.00 All personnel expenses Supplies $12,600.00 i.e. snacks,juice, games Services $65,500.00 i.e. WISD bus services, WISD energy costs, field trips Total $163,100.00 Revenues (as of 8-14-07, 1-2 weeks of revenues still to be accounted for) Program fees $106,324.00 Weekly fees of$70 per child Activitiy fees $18,860.00 Weekly fees of$10 per child $125,184.00 Difference ($37,916.00) Subsidized by the General Fund Note-20 scholarships (10% of max of 200 children) for those who receive free or reduced lunch are absorbed in the program. This accounts for about $16,000.00 in lost revenues. Increase Wylie Wave to 250 children In order to accommodate 250 children at least 2 additional staff will be needed accounting for approximately$10,000 in staff costs and a 25% increase in supplies and services. Expenses (based on adding 2 additional staff and increase of 25% for expenses): Staffing $95,000.00 All personnel expenses Supplies $15,500.00 i.e. snacks,juice, games Services $81,500.00 i.e. WISD bus services, WISD energy costs, field trips Total $192,000.00 Potential Revenues (Scenario 1) Program fees $141,750.00 Weekly fees of$70 per child x 225 children x 9 weeks Activitiy fees $20,250.00 Weekly fees of$10 per child x 225 children x 9 weeks $162,000.00 Difference ($30,000.00) Subsidized by the General Fund Note-25 scholarships (10% of max of 250 children) for those who receive free or reduced lunch are absorbed in the program. This accounts for about $18,000.00 in lost revenues. Potential Revenues (Scenario 2) Program fees $151,875.00 Weekly fees of$75 per child x 225 children x 9 weeks Activitiy fees $30,375.00 Weekly fees of$15 per child x 225 children x 9 weeks $182,250.00 Difference ($9,750.00) Subsidized by the General Fund Note-25 scholarships (10% of max of 250 children) for those who receive free or reduced lunch are absorbed in the program. This accounts for about $20,250.00 in lost revenues. 3. COSTS FOR PREPARATION OF A 3—5 YEAR TECHNOLOGY PLAN Staff has contacted other municipalities regarding their experiences with the cost of hiring a consultant to prepare a Technology Plan. The general response has been that a plan costs between$60,000- $70,000. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 6 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 08/07/07 Budgeted Amount: Exhibits: Ordinance with Exhibits Subject Consider, and act upon, Ordinance No. 2007-27 adopting the Thoroughfare Capital Improvements Plan. Recommendation Motion to approve Ordinance No. 2007-27 adopting the Thoroughfare Capital Improvements Plan. Discussion On August 14, 2007 Council held a public hearing on the Thoroughfare Capital Improvements Plan. The CIP identifies thoroughfare projects necessary over the next ten years to serve the projected growth of the City. The CIP was last adopted on July 25, 2006. The update is necessary to add Hensley Lane and Springwell Parkway to the capital improvements plan. Potential development in the western portion of the City has made the construction of these roadways necessary. Approved By Initial Date Department Director CH 08/07/07 City Manager miT 46 if33/1(1) Page 1 of 1 ORDINANCE NO. 2007-27 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ADOPTING THE THOROUGHFARE CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, concerning the notice,adoption,promulgation and methodology necessary to update and adopt land use assumptions and a capital improvement plan establishing impact fees; and WHEREAS, the City council previously adopted the City's Land Use Assumptions by Ordinance No. 2006-10 within 30 days of holding a public hearing regarding the Land Use Assumptions; and WHEREAS,Wylie has adopted this Ordinance within thirty(30)days of the public hearing held by the City Council on the proposed thoroughfare capital improvement plan; and WHEREAS,the City Council finds that it is in the best interest of the citizens of Wylie to adopt the thoroughfare capital improvement plan. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Capital Improvements Plan Adopted. The City Council finds that the thoroughfare capital improvements plan attached hereto as Exhibit A, and incorporated for all purposes as if fully set forth herein,is hereby adopted and approved and shall supersede any existing thoroughfare capital improvements plan. The City's Land Use Assumptions adopted by Ordinance No.2006-10 are attached hereto as Exhibit B,and incorporated as if fully set forth herein. Following adoption of this Ordinance,both Exhibit A and Exhibit B may be relied upon to call a public hearing to consider the imposition of a thoroughfare impact fee. SECTION 3: Saving/Repealing Clause. All provisions of any ordinances in conflict with this Ordinance are hereby repealed;but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance,nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause Ordinance No. 2007-27 Adopting Thoroughfare CIP or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 28`h day of August, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich ABERNATHY, ROEDER, BOYD City Secretary &JOPLIN, P.C. RICHARD M. ABERNATHY JULIE Y. FORT City Attorneys Ordinance No. 2007-27 Adopting Thoroughfare CIP EXHIBIT A THOROUGHFARE CAPITAL IMPROVEMENT PLAN Ordinance No.2007-27 Adopting Thoroughfare CIP Table 1 Thoroughfare Capital Improvement Plan City of Wylie 2007 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH CONSTRUCTION COST COST OF TOTAL PROJECT COST ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) TO THE TOWN FINANCING EUGIBLE FOR RECOVERY FM 1378 W1 FM 544 W Brown St 2 lanes Build a 4-lane divided section 3,500 $ 1,633,350.00 $ 1,029,011.00 $ 2,662,361.00 FM 1378 W2 W Brown St Parker Rd 2 lanes Build a 4-lane divided section 13,200 $ 14,970,000.00 $ 9,431,100.00 $ 24,401,100.00 W Brown Street W3 FM 1378 Ballard Ave 2 lanes Build a 4-lane divided section 9,500 $ 12,645,000.00 $ 7,966,350.00 $ 20,611,350.00 Hensley Lane(East) W4 Hensley Hooper --- Build a 3-lane undivided section 3,100 $ 2,965,000.00 $ 1,867,950.00 $ 4,832,950.00 Country Club Road W5 FM 544 Hooper --- Build a 4-lane divided section 5,500 $ 6,800,000.00 $ 4,284,000.00 $ 11,084,000.00 McMillen Road W6 Lewis Country Club(FM 1378) 2 lanes Realign and build a 4-lane divided section 6,000 $ 9,410,000.00 $ 5,928,300.00 $ 15,338,300.00 McCreary Road W7 FM 544 South City Limit --- Build a 4-lane divided section 3,350 $ 6,550,000.00 $ 4,126,500.00 $ 10,676,500.00 Springwell Pkwy W8 FM 544 Hensley Lane(West) --- Build a 4-lane undivided section 2,700 $ 2,850,000.00 $ 1,795,500.00 $ 4,645,500.00 Hensley Lane(West) W9 McCreary Rd. Country Club Rd. --- Build a 4-lane undivided section 5,100 $ 5,095,000.00 $ 3,209,850.00 $ 8,304,850.00 Sub Total $ 62,918,360.00 $ 39,638,561.00 $ 102,556,911.00 Alanis Drive El Century Way S Ballard 3 lanes Build a 4-lane divided section 4,400 $ 9,750,000.00 $ 6,142,500.00 $ 15,892,500.00 Alanis Drive E2 Twin Lakes FM 544 3 lanes Build a 4-lane divided section 2,700 $ 3,080,000.00 $ 1,940,400.00 $ 5,020,400.00 Kirby Street E3 SH 78 Birmingham 4 lanes Build a 4-lane divided section 1,400 $ 1,964,293.00 $ 1,237,505.00 $ 3,201,798.00 Stone Road E4 Birmingham S Ballard 2 lanes Build a 4-lane divided section 8,300 $ 1,122,000.00 $ 706,860.00 $ 1,828,860.00 Stone Road E5 Ballard Akin 2 lanes Build a 4-lane divided section 2,800 $ 3,110,000.00 $ 1,959,300.00 $ 5,069,300.00 S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Build a 4-lane divided section 3,600 $ 4,140,000.00 $ 2,608,200.00 $ 6,748,200.00 S Ballard Avenue E7 Alanis Dr County Line 2 lanes Build a 4-lane divided section 6,200 $ 7,430,000.00 $ 4,680,900.00 $ 12,110,900.00 Stone Road E8 Alkin Vinson 2 lanes Build a 4-lane divided section 13,500 $ 12,965,000.00 $ 8,167,950.00 $ 21,132,950.00 Brown Street E9 SH 78 Stone 2 lanes Build a 4-lane divided section 11,100 $ 13,505,000.00 $ 8,508,150.00 $ 22,013,150.00 SH 78 E10 Eubanks Spring Creek Pkwy 2 lanes Build a 4-lane divided highway section 3,200 $ 3,552,000.00 $ 2,237,760.00 $ 5,789,760.00 Sub Total $ 60,618,293.00 $ 38,189,525.00 $ 98,807,818.00 Grand Total: $ 123,536,643.00 I$ 77,828,086.00 I$ 201,364,729.00 City of Wylie - 2007 Roadway Impact Fee Updae Page 3 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:FM 1378 Improvements FM 544 to West Brown Street By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount Project Description:6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 3,600 L.F. Normal Width Each Side 37 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 36 Sta. $ 4,000.00 $ 144,000 2 Unclassified Excavation 31,019 C.Y. $ 9.00 $ 279,167 3 12-inch Lime Treated Subgrade 31,937 S.Y. $ 5.00 $ 159,683 4 Hydrated Lime @ 65#/S.Y. 1,038 Tons $ 115.00 $ 119,363 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 14,070 L.F. $ 2.00 $ 28,140 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 30,299 S.Y. $ 35.00 $ 1,060,465 7 Reinforced Concrete Driveways 500 S.Y. $ 40.00 $ 20,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 14,550 S.Y. $ 7.00 $ 101,850 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,722 S.Y. $ 34.00 $ 126,556 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 2,071,024 12 Underground Storm Drainage Improvements 33% of Pavin$Improvements $ 683,438 13 250'Bridge(51'Wide) 2 Ea. $ 600,000.00 $ 1,200,000 14 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 1,963,438 15 Signalization Improvements at West Brown Street 1 L.S. $ 240,000.00 $ 240,000 16 Landscaping&Irrigation Improvements 3,350 L.F. $ 60.00 $ 201,000 17 Street Lighting Improvements 3,600 L.F. $ 80.00 $ 288,000 18 Railroad Crossin Upgrades 1 L.S. $ 350,000.00 $ 350,000 rainage and Aesthetics and Signal Improvements: $ 5,113,462 Miscellaneous Contingencies: 15% $ 767,019 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 5,880,481 Project Cost per Linear Foot: $ 1,633.47 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 489,000 Material Testing and Quality Control(Estimated): $ 95,000 Right-of-way Preparation(Estimated): $ 10,000 Signalization Design(Estimated): $ 22,000 Subtotal,Professional Fees(Estimated): $ 616,000 Project Total: $ 6,496,481 USE (ROUNDED UP TO NEAREST$10,000): $ 6,500,000 J Right-of-wad Acquisition (100'x Length=8.0 Acres 4$50,000/Acre): $ 400,000 J:\Clerical\Wylie\2007126\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W I-FM I378 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:FM 1378 Improvements West Brown Street to Parker Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.I Description I Quantity I Unit Price —1 Amount Project Description:6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 12,000 L.F. Normal Width Each Side 37 B-B Expected Average Depth of Roadway Excavation 2.25 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 120 Sta. $ 4,000.00 $ 480,000 2 Unclassified Excavation 100,000 C.Y. $ 9.00 $ 900,000 3 12-inch Lime Treated Subgrade 114,400 S.Y. $ 5.00 $ 572,000 4 Hydrated Lime @,65#/S.Y. 3,718 Tons $ 115.00 $ 427,570 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 50,400 L.F. $ 2.00 $ 100,800 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 108,533 S.Y. $ 35.00 $ 3,798,655 7 Reinforced Concrete Driveways 660 S.Y. $ 40.00 $ 26,400 8 Side Street Concrete Transitions 2,300 S.Y. $ 42.00 $ 96,600 9 Finish Grade and Sodding(plus 10%outside ROW) 39,027 S.Y. $ 7.00 $ 273,187 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 13,333 S.Y. $ 34.00 $ 453,333 11 Handicap Ramps 46 Ea. $ 1,500.00 $ 69,000 Paving Improvements Subtotal: $ 7,197,545 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 2,375,190 13 Offsite Storm Drainage Improvements 300 L.F. $ 200.00 $ 60,000 Drainage Improvements Subtotal: $ 2,435,190 14 Landscaping&Irrigation Improvements 12,000 L.F. $ 60.00 $ 720,000 15 Street Lighting Improvements 12,000 L.F. $ 80.00 $ 960,000 Paving,Drainage and Aesthetics Improvements: $ 11,312,735 Miscellaneous Contingencies: 15% $ 1,696,910 Paving,Drainage and Aesthetics Improvements Subtotal: $ 13,009,645 Project Cost per Linear Foot: $ 1,084.14 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 1,030,000 Material Testing and Quality Control(Estimated): $ 180,000 Right-of-way Preparation(Estimated): $ 200,000 Subtotal,Professional Fees(Estimated): $ 1,410,000 — Project Total: $ 14,419,645 L USE (ROUNDED UP TO NEAREST$10,000): $ 14,420,000 Ri t-of-wa Ac uisition (40'x Length=11.0 Acres $50,000/Acre):w $ 550,000 J:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W2-FM1378 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:West Brown Street FM 1378 to Ballard Avenue By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST 'Item No.I Description I Quantity Unit I Price I Amount I Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 9,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 95 Sta. $ 4,000.00 $ 380,000 2 Unclassified Excavation 85,185 C.Y. $ 9.00 $ 766,667 3 12-inch Lime Treated Subgrade 60,720 S.Y. $ 5.00 $ 303,600 4 Hydrated Lime @ 65#/S.Y. 1,973 Tons $ 115.00 $ 226,941 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 38,640 L.F. $ 2.00 $ 77,280 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 56,222 S.Y. $ 35.00 $ 1,967,770 7 Reinforced Concrete Driveways 1,050 S.Y. $ 40.00 $ 42,000 8 Side Street Concrete Transitions 1,000 S.Y. $ 42.00 $ 42,000 9 Finish Grade and Sodding(plus 10%outside ROW) 67,633 S.Y. $ 7.00 $ 473,433 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 10,222 S.Y. $ 34.00 $ 347,556 11 Handicap Ramps 20 Ea. $ 1,500.00 $ 30,000 Paving Improvements Subtotal: $ 4,657,247 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 1,536,891 13 300'Bridge(51'Wide) 2 Ea. $ 700,000.00 $ 1,400,000 14 Offsite Storm Drainage Improvements 600 L.F. $ 200.00 $ 120,000 Drainage Improvements Subtotal: $ 3,056,891 15 Signalization Improvements at Westgate Way 1 L.S. $ 240,000.00 $ 240,000 16 Landscaping&Irrigation Improvements 9,500 L.F. $ 60.00 $ 570,000 17 Street Lighting Improvements 9,500 L.F. $ 80.00 $ 760,000 18 Railroad Crossing Upgrades 1 L.S. $ 350,000.00 $ 350,000 Paving,Drainage and Aesthetics and Signal Improvements: $ 9,634,138 Miscellaneous Contingencies: 15% $ 1,445,121 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 11,079,259 Project Cost per Linear Foot: $ 1,166.24 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 875,000 Material Testing and Quality Control(Estimated): $ 153,000 Right-of-way Preparation(Estimated): $ 80,000 Signalization Design(Estimated): $ 22,000 Subtotal,Professional Fees(Estimated): $ 1,130,000 Protect Total: $ 12,209,259 USE (ROUNDED UP TO NEAREST$10,00071 $ 12,210,0001 Right-of-way Acquisition (40'x Length=8.7 Acres @$50,000/Acre): $ 435,000 J:\Clerical\Wylie\2007126Vtoadway CIP\Eng-Estimates\Conceptual Budgets.xls\W3-WBrown BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Hensley Lane Existing Hensley Lane to Hooper Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.1 Description I, Quantity I Unit I Price I Amount Project Description:3-lane Undivided Thoroughfare,37-feet B-B,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 3,000 L.F. Normal Width 37 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8%by unit weight 1 Right-of-way Preparation 30 Sta. $ 4,000.00 $ 120,000 2 Unclassified Excavation 10,185 C.Y. $ 9.00 $ 91,667 3 12-inch Lime Treated Subgrade 13,108 S.Y. $ 5.00 $ 65,540 4 Hydrated Lime @ 65#/S.Y. 426 Tons $ 115.00 $ 48,991 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 11,550 L.F. $ 2.00 $ 23,100 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 12,436 S.Y. $ 35.00 $ 435,260 7 Reinforced Concrete Driveways 60 S.Y. $ 40.00 $ 2,400 8 Side Street Concrete Transitions 200 S.Y. $ 42.00 $ 8,400 9 Finish Grade and Sodding(plus 10%outside ROW) 5,920 S.Y. $ 7.00 $ 41,440 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 1,528 S.Y. $ 34.00 $ 51,944 11 Handicap Ramps 4 Ea. $ 1,500.00 $ 6,000 Paving Improvements Subtotal: $ 894,742 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 295,265 13 250'Bridge(51'Wide) 1 Ea. $ 600,000.00 $ 600,000 14 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 975,265 15 Landscaping&Irrigation Improvements(75%Normal) 2,700 L.F. $ 45.00 $ 121,500 16 Street Lighting Improvements(75%Normal) 3,000 L.F. $ 60.00 $ 180,000 $ - Paving,Drainage and Aesthetics Improvements: $ 2,171,507 Miscellaneous Contingencies: 15% $ 325,726 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 2,497,233 Project Cost per Linear Foot: $ 832.41 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 194,000 Material Testing and Quality Control(Estimated): $ 44,000 Right-of-way Preparation(Estimated): $ 24,000 Subtotal,Professional Fees(Estimated): $ 262,000 Project Total: $ 2,759,233 USE ROUNDED 1 I III $ 2,760,000 Right-of-way Acquisition (60'x Length=4.1 Acres @$50,000/Acre): $ 205,000 1:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W4-Hensley BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Country Club Road FM 544 to Hooper Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity I Unit I Pri7"--1 Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 5,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8%by unit weight 1 Right-of-way Preparation 55 Sta. $ 4,000.00 $ 220,000 2 Unclassified Excavation 49,537 C.Y. $ 9.00 $ 445,833 3 12-inch Lime Treated Subgrade 35,310 S.Y. $ 5.00 $ 176,550 4 Hydrated Lime @ 65#/S.Y. 1,148 Tons $ 115.00 $ 131,971 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 22,470 L.F. $ 2.00 $ 44,940 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 32,694 S.Y. $ 35.00 $ 1,144,290 7 Reinforced Concrete Driveways 150 S.Y. $ 40.00 $ 6,000 8 Side Street Concrete Transitions 500 S.Y. $ 42.00 $ 21,000 9 Finish Grade and Sodding(plus 10%outside ROW) 38,972 S.Y. $ 7.00 $ 272,806 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 5,944 S.Y. $ 34.00 $ 202,111 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 2,680,501 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 884,565 13 150'Bridge(51'Wide) 2 Ea. $ 355,000.00 $ 710,000 14 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 1,674,565 15 Landscaping&Irrigation Improvements 5,300 L.F. $ 60.00 $ 318,000 16 Street Lighting Improvements 5,500 L.F. $ 80.00 $ 440,000 17 Signal Improvements at Hensley 1 L.S. $ 240,000.00 $ 240,000 Paving,Drainage and Aesthetics Improvements: $ 5,353,066 Miscellaneous Contingencies: 15% $ 802,960 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 6,156,026 Project , Foot: $ 1,119.28 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 500,000 Material Testing and Quality Control(Estimated): $ 94,000 Right-of-way Preparation(Estimated): $ 22,000 Signal Improvements Design(Estimated): $ 22,000 Subtotal,Professional Fees(Estimated): $ 638,000 ti Project Total: $ 6,794,026 i _ 1 I 1 1 S 6,800,000 I Right-of-way Acquisition (Developer Donated):f $ - J:\Clerical\Wylie\2007126\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W5-Country Club BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:McMillen Road Paving and Drainage Improvements McCreary Road to FM 1378(1/2 from McCreary Road to Lewis) By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.1 Description I Quantity I Unit I Price J Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 7,150 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8%by unit weight 1 Right-of-way Preparation 72 Sta. $ 4,000.00 $ 288,000 2 Unclassified Excavation 63,657 C.Y. $ 9.00 $ 572,917 3 12-inch Lime Treated Subgrade 45,375 S.Y. $ 5.00 $ 226,875 4 Hydrated Lime @ 65#/S.Y. 1,475 Tons $ 115.00 $ 169,589 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 28,875 L.F. $ 2.00 $ 57,750 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 42,014 S.Y. $ 35.00 $ 1,470,490 7 Reinforced Concrete Driveways 500 S.Y. $ 40.00 $ 20,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 50,325 S.Y. $ 7.00 $ 352,275 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 7,639 S.Y. $ 34.00 $ 259,722 11 Handicap Ramps 14 Ea. $ 1,500.00 $ 21,000 Paving Improvements Subtotal: $ 3,455,418 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 1,140,288 13 275'Bridge(51'Wide) 2 Ea. $ 645,000.00 $ 1,290,000 14 Offsite Storm Drainage Improvements 500 L.F. $ 200.00 $ 100,000 Drainage Improvements Subtotal: $ 2,530,288 15 50%of Signalization Improvements at McCreary Road 1 L.S. $ 120,000.00 $ 120,000 16 Landscaping&Irrigation Improvements 6,875 L.F. $ 60.00 $ 412,500 17 Street Lighting Improvements 7,150 L.F. $ 80.00 $ 572,000 Paving,Drainage and Aesthetics and(50%Signals)Improvements: $ 7,090,206 Miscellaneous Contingencies: 15% $ 1,063,531 Paving,Drainage and Aesthetics and(50%Signals)Improvements Subtotal: $ 8,153,737 Project Cost per Linear Foot: $ 1,140.38 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 680,000 Material Testing and Quality Control(Estimated): $ 130,000 Right-of-way Preparation(Estimated): $ 25,000 50%of Signalization Design(Estimated): $ 11,000 Subtotal,Professional Fees(Estimated): $ 846,000 Project Total: $ 8,999,737 USE (ROUNDED UP TO NEAREST$10,000): $ 9,000,000 Right-of-way Acquisition (50'x Length=8.2 Acres $50,000/Acre): $ 410,000 J:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W6-McMillen BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: McCreary Road FM 544 to South City Limit By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No. Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 4,100 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8%by unit weight 1 Right-of-way Preparation 41 Sta. $ 4,000.00 $ 164,000 2 Unclassified Excavation 37,963 C.Y. $ 9.00 $ 341,667 3 12-inch Lime Treated Subgrade 27,060 S.Y. $ 5.00 $ 135,300 4 Hydrated Lime @ 65#/S.Y. 879 Tons $ 115.00 $ 101,137 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 17,220 L.F. $ 2.00 $ 34,440 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 25,056 S.Y. $ 35.00 $ 876,960 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 29,667 S.Y. $ 7.00 $ 207,667 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 4,556 S.Y. $ 34.00 $ 154,889 11 Handicap Ramps 8 Ea. $ 1,500.00 $ 12,000 Paving Improvements Subtotal: $ 2,056,859 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 678,763 13 300-ft.Bridge(51'Wide) 2 Ea. $ 700,000.00 $ 1,400,000 14 Offsite Storm Drainage Improvements 500 L.F. $ 200.00 $ 100,000 Drainage Improvements Subtotal: $ 2,178,763 15 Landscaping&Irrigation Improvements 4,100 L.F. $ 60.00 $ 246,000 16 Street Lighting Improvements 4,100 L.F. $ 80.00 $ 328,000 Paving,Drainage and Aesthetics Improvements: $ 4,809,622 Miscellaneous Contingencies: 15% $ 721,443 Paving,Drainage and Aesthetics Improvements Subtotal: $ 5,531,066 Project Cost per Linear Foot: $ 1,349.04 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 420,000 Material Testing and Quality Control(Estimated): $ 90,000 Right-of-way Preparation(Estimated): $ 30,000 Subtotal,Professional Fees(Estimated): $ 540,000 Project Total: $ 6,071,066 USE (ROUNDED UP TO NEAREST$10,000): $ 6,080,000 Right-of-way Acquisition (100'x Length=9.4 Acres $50,000/Acre): $ 470,000 1:\Clerical\Wylie\2007126\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W7-McCreary BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: Springwell Parkway FM 544 to Hensley Lane By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.I Description I Quantity I Unit I Price I Amount Project Description:4-lane undivided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage(70'ROW) Project Length 2,700 L.F. Normal Width Entire Street 49 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 27 Sta. $ 4,000.00 $ 108,000 2 Unclassified Excavation 17,500 C.Y. $ 9.00 $ 157,500 3 12-inch Lime Treated Subgrade 16,830 S.Y. $ 5.00 $ 84,150 4 Hydrated Lime @ 65#/$.Y. 547 Tons $ 115.00 $ 62,900 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 5,670 L.F. $ 2.00 $ 11,340 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 16,170 S.Y. $ 35.00 $ 565,950 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 3,670 S.Y. $ 7.00 $ 25,690 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,000 S.Y. $ 34.00 $ 102,000 11 Handicap Ramps 8 Ea. $ 1,500.00 $ 12,000 Paving Improvements Subtotal: $ 1,158,330 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 382,249 13 Offsite Storm Drainage Improvements 500 L.F. $ 200.00 $ 100,000 Drainage Improvements Subtotal: $ 482,249 14 Landscaping&Irrigation Improvements 2,700 L.F. $ 50.00 $ 135,000 15 Street Lighting Improvements 2,700 L.F. $ 70.00 $ 189,000 Paving,Drainage and Aesthetics Improvements: $ 1,964,579 Miscellaneous Contingencies: 15% $ 294,687 Paving,Drainage and Aesthetics Improvements Subtotal: $ 2,259,266 Project Cost per Linear Foot: $ 836.77 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 198,000 Material Testing and Quality Control(Estimated): $ 41,000 Right-of-way Preparation(Estimated): $ 36,000 Subtotal,Professional Fees(Estimated): $ 275,000 Project Total: $ 2,534,266 USE (ROUNDED UP TO NEAREST$10,000): $ 2,540,000 Right-of-way Acquisition (100'x Length=6.2 Acres Ea $50,000/Acre): $ 310,000 J:\Clerical\QWylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W8-Springwell BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Hensley Lane McCreary Road to Hooper Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No. Description I Quantity Unit J Price I Amount Project Description:4-lane undivided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage(70'ROW) Project Length 5,100 L.F. Normal Width Entire Street 49 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 51 Sta. $ 4,000.00 $ 204,000 2 Unclassified Excavation 33,056 C.Y. $ 9.00 $ 297,500 3 I2-inch Lime Treated Subgrade 31,790 S.Y. $ 5.00 $ 158,950 4 Hydrated Lime @ 65#/S.Y. 1,033 Tons $ 115.00 $ 118,820 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 10,710 L.F. $ 2.00 $ 21,420 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 30,543 S.Y. $ 35.00 $ 1,069,005 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 7,170 S.Y. $ 7.00 $ 50,190 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 5,667 S.Y. $ 34.00 $ 192,667 11 Handicap Ramps 8 Ea. $ 1,500.00 $ 12,000 Paving Improvements Subtotal: $ 2,153,352 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 710,606 13 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 790,606 14 Landscaping&Irrigation Improvements 5,100 L.F. $ 50.00 $ 255,000 15 Street Lighting Improvements 5,100 L.F. $ 70.00 $ 357,000 Paving,Drainage and Aesthetics Improvements: $ 3,555,958 Miscellaneous Contingencies: 15% $ 533,394 Paving,Drainage and Aesthetics Improvements Subtotal: $ 4,089,351 Project Cost per Linear Foot: $ 801.83 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 314,000 Material Testing and Quality Control(Estimated): $ 66,000 Right-of-way Preparation(Estimated): $ 34,000 Subtotal,Professional Fees(Estimated): $ 414,000 Project Total: $ 4,503,351 USE ROUNDED UP TO NEAREST$10,000): $ 4,510,000 Right-of-way Ac9uisition (100'x Length=11.7 Acres(c�$50,000/Acre):, $ 585,000 c J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W9-Hensley BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Alanis Drive West Century Way to South Ballard Avenue By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST 'Item No.1 Description I Quantity J Unit ' Price I Amount Project Description:A 6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 5,500 L.F. Normal Width Each Side 37 B-B Expected Average Depth of Roadway Excavation 2.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 55 Sta. $ 4,000.00 $ 220,000 2 Unclassified Excavation 74,074 C.Y. $ 9.00 $ 666,667 3 12-inch Lime Treated Subgrade 47,667 S.Y. $ 5.00 $ 238,333 4 Hydrated Lime @ 65#/S.Y. 1,549 Tons $ 110.00 $ 170,408 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 20,832 L.F. $ 2.00 $ 41,664 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 44,860 S.Y. $ 34.00 $ 1,525,240 7 Reinforced Concrete Driveways 200 S.Y. $ 40.00 $ 8,000 8 Side Street Concrete Transitions 200 S.Y. $ 42.00 $ 8,400 9 Finish Grade and Sodding(plus 10%outside ROW) 21,813 S.Y. $ 7.00 $ 152,690 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 5,511 S.Y. $ 34.00 $ 187,378 11 Handicap Ramps 6 Ea. $ 1,500.00 $ 9,000 Paving Improvements Subtotal: $ 3,227,780 12 Underground Storm Drainage Improvements 30% of Paving Improvements $ 968,334 13 520'Bridge(51'Wide) 2 Ea. $1,200,000.00 $ 2,400,000 14 Offsite Storm Drainage Improvements 150 L.F. $ 200.00 $ 30,000 Drainage Improvements Subtotal: $ 3,398,334 15 Landscaping&Irrigation Improvements 4,980 L.F. $ 60.00 $ 298,800 16 Street Lighting Improvements 5,500 L.F. $ 80.00 $ 440,000 $ - Paving,Drainage and Aesthetics Improvements: $ 7,364,914 Miscellaneous Contingencies: 15% $ 1,104,737 Paving,Drainage and Aesthetics Improvements Subtotal: $ 8,469,652 Project Cost per Linear Foot: $ 1,539.94 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 644,000 Material Testing and Quality Control(Estimated): $ 130,000 Right-of-way Preparation(Estimated): $ 36,000 Subtotal,Professional Fees(Estimated): $ 810,000 Project Total: $ 9,279,652 USE (ROUNDED UP TO NEAREST$10,000): $ 9,280,000 I Right-of-way Acquisition(Length-700 x 120'=13.2 Acres @$50,000/Acrel:_ $ 660,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xts\E1-Alanis W BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project:Alanis Drive East Twin Lakes to FM 544 By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST 'Item No.1 Descri•tion Quantity Unit I Price -I Amount Project Description:4-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 2,770 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.75 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 28 Sta. $ 4,000.00 $ 112,000 2 Unclassified Excavation 28,213 C.Y. $ 9.00 $ 253,917 3 12-inch Lime Treated Subgrade 18,282 S.Y. $ 5.00 $ 91,410 4 Hydrated Lime @ 65#/S.Y. 594 Tons $ 115.00 $ 68,329 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 11,634 L.F. $ 2.00 $ 23,268 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 16,928 S.Y. $ 35.00 $ 592,480 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 600 S.Y. $ 42.00 $ 25,200 9 Finish Grade and Sodding(plus 10%outside ROW) 13,239 S.Y. $ 7.00 $ 92,672 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,078 S.Y. $ 34.00 $ 104,644 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 1,390,920 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 459,004 13 Offsite Storm Drainage Improvements 290 L.F. $ 200.00 $ 58,000 14 Box Culverts with Headwalls 1 L.S $ 125,000.00 $ 125,000 Drainage Improvements Subtotal: $ 642,004 15 Landscaping&Irrigation Improvements 2,770 L.F. $ 60.00 $ 166,200 16 Street Lighting Improvements 2,770 L.F. $ 80.00 $ 221,600 $ - Paving,Drainage and Aesthetics Improvements: $ 2,420,724 Miscellaneous Contingencies: 15% $ 363,109 Paving,Drainage and Aesthetics Improvements Subtotal: $ 2,783,833 Project Cost per Linear Foot: $ 1,004.99 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 230,000 Material Testing and Quality Control(Estimated): $ 42,000 Right-of-way Preparation(Estimated): $ 20,000 Subtotal,Professional Fees(Estimated): $ 292,000 Project Total: $ 3,075,833 USE ROUNDED I I 1 I $ 3,080,000 Right-of--way Acquisition (Developer Donated):( $ - ):\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E2-Alanis E BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project:Kirby Street SH 78 to Birmingham By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No.I Description I Quantity Unit I Price I Amount I Project Description:4-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 1,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 3.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 15 Sta. $ 4,000.00 $ 60,000 2 Unclassified Excavation 15,000 C.Y. $ 10.00 $ 150,000 3 12-inch Lime Treated Subgrade 9,900 S.Y. $ 5.00 $ 49,500 4 Hydrated Lime @ 65#/S.Y. 322 Tons $ 115.00 $ 37,001 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 6,300 L.F. $ 2.00 $ 12,600 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 9,167 S.Y. $ 36.00 $ 330,012 7 Reinforced Concrete Driveways 500 S.Y. $ 40.00 $ 20,000 8 Side Street Concrete Transitions 1,000 S.Y. $ 42.00 $ 42,000 9 Finish Grade and Sodding(plus 10%outside ROW) 5,178 S.Y. $ 7.00 $ 36,244 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 1,667 S.Y. $ 34.00 $ 56,667 11 Handicap Ramps 20 Ea. $ 1,500.00 $ 30,000 Paving Improvements Subtotal: $ 824,024 12 Underground Storm Drainage Improvements 45% of Paving Improvements $ 370,811 13 Offsite Storm Drainage Improvements 300 L.F. $ 200.00 $ 60,000 $ - Drainage Improvements Subtotal: $ 430,811 14 Landscaping&Irrigation Improvements 1,500 L.F. $ 60.00 $ 90,000 15 Street Lighting Improvements 1,500 L.F. $ 80.00 $ 120,000 $ - Paving,Drainage and Aesthetics Improvements: $ 1,464,835 Miscellaneous Contingencies: 15% $ 219,725 Paving,Drainage and Aesthetics Improvements Subtotal: $ 1,684,561 Project Cost per Linear Foot: $ 1,123.04 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 150,000 Material Testing and Quality Control(Estimated): $ 24,000 Right-of-way Preparation(Estimated): $ 21,000 Subtotal,Professional Fees(Estimated): $ 195,000 _ Project Total: $ 1,879,561 USE (ROUNDED UP TO NEAREST$10,000): I I I I $ 1,880,000 rRight-of-way Acquisition (50'x Length=1.7 Acres(n),$50,000/Acre: I I $ 85,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E3-Kirby BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: Stone Road W(a) Birmingham to South Ballard Avenue By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.1 Description J Quantity I Unit I Price I Amount Project Description:4-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 900 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 3.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 9 Sta. $ 4,000.00 $ 36,000 2 Unclassified Excavation 9,000 C.Y. $ 9.00 $ 81,000 3 12-inch Lime Treated Subgrade 5,940 S.Y. $ 5.00 $ 29,700 4 Hydrated Lime @ 65#/S.Y. 193 Tons $ 115.00 $ 22,201 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 3,780 L.F. $ 2.00 $ 7,560 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 5,500 S.Y. $ 35.00 $ 192,500 7 Reinforced Concrete Driveways 450 S.Y. $ 40.00 $ 18,000 8 Side Street Concrete Transitions 500 S.Y. $ 42.00 $ 21,000 9 Finish Grade and Sodding(plus 10%outside ROW) 3,889 S.Y. $ 7.00 $ 27,222 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 1,000 S.Y. $ 34.00 $ 34,000 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 484,183 12 Underground Storm Drainage Improvements 40% of Paving Improvements $ 193,673 13 Offsite Storm Drainage Improvements 125 L.F. $ 200.00 $ 25,000 $ - Drainage Improvements Subtotal: $ 218,673 14 Landscaping&Irrigation Improvements 900 L.F. $ 60.00 $ 54,000 15 Street Lighting Improvements 900 L.F. $ 80.00 $ 72,000 $ - Paving,Drainage and Aesthetics Improvements: $ 828,856 Miscellaneous Contingencies: 15% $ 124,328 Paving,Drainage and Aesthetics Improvements Subtotal: $ 953,185 Project Cost per Linear Foot: $ 1,059.09 Engineering,Surveyij&Geotechnical Investigation(Estimated): $ 102,000 Material Testing and Quality Control(Estimated): $ 17,000 Right-of-way Preparation(Estimated): $ 30,000 Subtotal,Professional Fees(Estimated): $ 149,000 Project Total: $ 1,102,185 USE (ROUNDED UP TO NEAREST$10,000): $ 1,102,000 Rt t-of-wa Acquisition 20'x Len =0.4 Acres 4 $50,000/Acre): $ 20,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E4-Stone W(a) BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: Stone Road W(b) South Ballard Avenue to Akin Lane By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No.1 Description J Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 2,750 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 3.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 28 Sta. $ 4,000.00 $ 112,000 2 Unclassified Excavation 27,500 C.Y. $ 9.00 $ 247,500 3 12-inch Lime Treated Subgrade 18,150 S.Y. $ 5.00 $ 90,750 4 Hydrated Lime @ 65#/S.Y. 590 Tons $ 115.00 $ 67,836 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 11,550 L.F. $ 2.00 $ 23,100 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 16,806 S.Y. $ 35.00 $ 588,210 7 Reinforced Concrete Driveways 270 S.Y. $ 40.00 $ 10,800 8 Side Street Concrete Transitions 800 S.Y. $ 42.00 $ 33,600 9 Finish Grade and Sodding(plus 10%outside ROW) 16,378 S.Y. $ 7.00 $ 114,644 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,056 S.Y. $ 34.00 $ 103,889 11 Handicap Ramps 16 Ea. $ 1,500.00 $ 24,000 Paving Improvements Subtotal: $ 1,416,329 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 467,389 13 Offsite Storm Drainage Improvements 50 L.F. $ 200.00 $ 10,000 $ - Drainage Improvements Subtotal: $ 477,389 14 Landscaping&Irrigation Improvements 2,750 L.F. $ 60.00 $ 165,000 15 Street Lighting Improvements 2,750 L.F. $ 80.00 $ 220,000 $ - Paving,Drainage and Aesthetics Improvements: $ 2,278,718 Miscellaneous Contingencies: 15% $ 341,808 Paving,Drainage and Aesthetics Improvements Subtotal: $ 2,620,525 Project Cost per Linear Foot: $ 952.92 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 240,000 Material Testing and Quality Control(Estimated): $ 44,000 Right-of-way Preparation(Estimated): $ 40,000 Subtotal,Professional Fees(Estimated): $ 324,000 Project Total: $ 2,944,525 USE (ROUNDED UP TO NEAREST$10,000): $ 2,950,000 Right-of-way Acquisition (50'x Length=3.2 Acres(c�$50,000/Acre): $ 160,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E5-Stone W(b) BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: South Ballard Avenue Alanis Drive to Stone Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description I Quantity Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 3,700 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 37 Sta. $ 4,000.00 $ 148,000 2 Unclassified Excavation 34,259 C.Y. $ 9.00 $ 308,333 3 12-inch Lime Treated Subgrade 24,420 S.Y. $ 5.00 $ 122,100 4 Hydrated Lime @ 65#/S.Y. 794 Tons $ 115.00 $ 91,270 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 15,540 L.F. $ 2.00 $ 31,080 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 22,611 S.Y. $ 35.00 $ 791,385 7 Reinforced Concrete Driveways 360 S.Y. $ 40.00 $ 14,400 8 Side Street Concrete Transitions 500 S.Y. $ 42.00 $ 21,000 9 Finish Grade and Sodding(plus 10%outside ROW) 26,689 S.Y. $ 7.00 $ 186,822 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 4,111 S.Y. $ 34.00 $ 139,778 11 Handicap Ramps 12 Ea. $ 1,500.00 $ 18,000 Paving Improvements Subtotal: $ 1,872,168 12 Underground Storm Drainage Improvements 33%of Paving Improvements $ 617,815 13 Offsite Storm Drainage Improvements 150 L.F. $ 200.00 $ 30,000 Drainage Improvements Subtotal: $ 647,815 14 Landscaping&Irrigation Improvements 3,700 L.F. $ 60.00 $ 222,000 15 Street Lighting Improvements 3,700 L.F. $ 80.00 $ 296,000 Paving,Drainage and Aesthetics Improvements: $ 3,037,984 Miscellaneous Contingencies: 15% $ 455,698 Paving,Drainage and Aesthetics Improvements Subtotal: $ 3,493,681 Project Cost per Linear Foot: $ 944.24 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 334,000 Material Testing and Quality Control(Estimated): $ 57,000 Right-of-way Preparation(Estimated): $ 42,000 Subtotal,Professional Fees(Estimated): $ 433,000 Project Total: $ 3,926,681 USE (ROUNDED UP TO NEAREST$10,000): $ 3,930,000 Right-of--way Acquisition (50'x Length=4.2 Acres 4$50,000/Acre): 1 $ 210,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E6-S Ballard N BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: South Ballard Avenue County Line to Alanis Drive By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit 1 Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 6,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight I Right-of-way Preparation 65 Sta. $ 4,000.00 $ 260,000 2 Unclassified Excavation 60,185 C.Y. $ 9.00 $ 541,667 3 12-inch Lime Treated Subgrade 42,900 S.Y. $ 5.00 $ 214,500 4 Hydrated Lime @ 65#/S.Y. 1,394 Tons $ 115.00 $ 160,339 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 27,300 L.F. $ 2.00 $ 54,600 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 39,722 S.Y. $ 35.00 $ 1,390,270 7 Reinforced Concrete Driveways 420 S.Y. $ 40.00 $ 16,800 8 Side Street Concrete Transitions 800 S.Y. $ 42.00 $ 33,600 9 Finish Grade and Sodding(plus 10%outside ROW) 47,533 S.Y. $ 7.00 $ 332,733 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 7,222 S.Y. $ 34.00 $ 245,556 11 Handicap Ramps 16 Ea. $ 1,500.00 $ 24,000 Paving Improvements Subtotal: $ 3,274,064 12 Underground Storm Drainage Improvements 33%of Paving Improvements $ 1,080,441 13 Multiple Box Culverts with Headwalls 1 L.S. $150,000.00 $ 150,000 14 Offsite Storm Drainage Improvements 250 L.F. $ 200.00 $ 50,000 Drainage Improvements Subtotal: $ 1,280,441 15 Landscaping&Irrigation Improvements 6,500 L.F. $ 60.00 $ 390,000 16 Street Lighting Improvements 6,500 L.F. $ 80.00 S 520,000 Paving,Drainage and Aesthetics Improvements: $ 5,464,506 Miscellaneous Contingencies: 15% $ 819,676 Paving,Drainage and Aesthetics Improvements Subtotal: $ 6,284,181 Project Cost per Linear Foot: $ 966.80 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 553,000 Material Testing and Quality Control(Estimated): $ 100,000 Right-of-way Preparation(Estimated): $ 36,000 Subtotal,Professional Fees(Estimated): $ 689,000 Project Total: $ 6,973,181 USE (ROUNDED UP TO NEAREST$10,000): $ 6,980,000 Right-of-waaAcguisition (60'x Length=9.0 Acres n $50,000/Acre):, 1 $ 450,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E7-S Ballard S BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: Stone Road Paving and Drainage Improvements Akin Lane to County Line By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 11,200 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 112 Sta. $ 4,000.00 $ 448,000 2 Unclassified Excavation 103,704 C.Y. $ 9.00 $ 933,333 3 12-inch Lime Treated Subgrade 73,920 S.Y. $ 5.00 $ 369,600 4 Hydrated Lime @ 65#/S.Y. 2,402 Tons $ 115.00 $ 276,276 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 47,040 L.F. $ 2.00 $ 94,080 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 68,444 S.Y. $ 35.00 $ 2,395,540 7 Reinforced Concrete Driveways 1,800 S.Y. $ 40.00 $ 72,000 8 Side Street Concrete Transitions 2,000 S.Y. $ 42.00 $ 84,000 9 Finish Grade and Sodding(plus 10%outside ROW) 82,522 S.Y. $ 7.00 $ 577,656 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 12,444 S.Y. $ 34.00 $ 423,111 11 Handicap Ramps 50 Ea. $ 1,500.00 $ 75,000 Paving Improvements Subtotal: $ 5,748,596 12 Underground Storm Drainage Improvements 33%of Pavin&Improvements $ 1,897,037 13 Multiple Box Culverts with Headwalls 1 L.S. $350,000.00 $ 350,000 14 Offsite Storm Drainage Improvements 800 L.F. $ 200.00 $ 160,000 Drainage Improvements Subtotal: $ 2,407,037 15 Landscaping&Irrigation Improvements 11,200 L.F. $ 60.00 $ 672,000 16 Street Lighting Improvements 11,200 L.F. $ 80.00 $ 896,000 Paving,Drainage and Aesthetics Improvements: $ 9,723,633 Miscellaneous Contingencies: 15% $ 1,458,545 Paving,Drainage and Aesthetics Improvements Subtotal: $ 11,182,178 Project Cost per Linear Foot: $ 998.41 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 930,000 Material Testing and Quality Control(Estimated): $ 170,000 Right-of-way Preparation(Estimated): $ 45,000 Subtotal,Professional Fees(Estimated): $ 1,145,000 Project Total: $ 12,327,178 L USE (ROUNDED UP TO NEAREST$10,000): $ 12,330,000 Right-of-way Acquisition (_50'x Length=12.7 Acres 4$50,000/Acre: $ 635,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E8-Stone E BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project:East Brown Street SH 78 to Stone Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No.I Description I Quantity Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 11,000 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight I Right-of-way Preparation 110 Sta. $ 4,000.00 $ 440,000 2 Unclassified Excavation 99,537 C.Y. $ 9.00 $ 895,833 3 12-inch Lime Treated Subgrade 70,950 S.Y. $ 5.00 $ 354,750 4 Hydrated Lime @ 65#/S.Y. 2,306 Tons $ 115.00 $ 265,176 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 45,150 L.F. $ 2.00 $ 90,300 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 65,694 S.Y. $ 35.00 $ 2,299,290 7 Reinforced Concrete Driveways 750 S.Y. $ 40.00 $ 30,000 8 Side Street Concrete Transitions 2,000 S.Y. $ 42.00 $ 84,000 9 Finish Grade and Sodding(plus 10%outside ROW) 66,156 S.Y. $ 7.00 $ 463,089 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 11,944 S.Y. $ 34.00 $ 406,111 11 Handicap Ramps 40 Ea. $ 1,500.00 $ 60,000 Paving Improvements Subtotal: $ 5,388,549 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 1,778,221 13 220'Bridge(51'Wide) 2 Ea. $ 517,000.00 $ 1,034,000 14 Multiple Box Culverts and Headwalls 2 L.S. $ 200,000.00 $ 400,000 15 Offsite Storm Drainage Improvements 600 L.F. $ 200.00 $ 120,000 Drainage Improvements Subtotal: $ 3,332,221 16 Landscaping&Irrigation Improvements 10,700 L.F. $ 60.00 $ 642,000 17 Street Lighting Improvements 11,000 L.F. $ 80.00 $ 880,000 Paving,Drainage and Aesthetics and Signal Improvements: $ 10,242,770 Miscellaneous Contingencies: 15% $ 1,536,416 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 11,779,186 Project Cost per Linear Foot: $ 1,070.84 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 980,000 Material Testing and Quality Control(Estimated): $ 172,000 Right-of-way Preparation(Estimated): $ 68,000 Subtotal,Professional Fees(Estimated): $ 1,220,000 Project Total: $ 12,999,186 I USE (ROUNDED UP TO NEAREST$10,000): $ 13,000,000 Right-of-way Acquisition (40'x Length=10.1 Acres a�$50,000/Acre): $ 505,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E9-E Brown EXHIBIT B LAND USE ASSUMPTIONS Ordinance No.2007-27 Adopting Thoroughfare CIP Birkhoff Hendricks&Conway,L.L.P. III. LAND USE ASSUMPTIONS (Provided By: The City Of Wylie) A. Purpose Chapter 395 of the Texas Local Government Code prescribes the process by which cities in Texas must formulate development impact fees. The initial step in this process is the establishment of"land use assumptions" for the City upon which the impact fee program is based. These land use assumptions, which are derived from the Future Land Use Plan and from population projections adopted in the Comprehensive Plan, will become the basis for the preparation of impact fee capital improvement plans for water and wastewater facilities. To assist the City of Wylie in determining the need for, and the timing of, capital improvements to serve future development, a reasonable estimation of future growth is required. The purpose of this report is to formulate growth and development projections based upon assumptions pertaining to the type, location, quantity and timing of various future land uses within the community, and to establish and document the methodology used for preparing the growth and land use assumptions. B. Elements of The Land Use Assumption Report This report contains the following components: 1) Methodology -- Explanation of the general methodology used to prepare the land use assumptions. 2) Service Zone Map (Plate 1) — The impact fee service area for water and wastewater facilities. 3) Base Data — Information on population and land use for Wylie for each capital facility/impact fee service area. 4) Ten-Year Growth Assumptions — Population and land use growth assumptions for ten years for each capital facility/impact fee service area. 5) Ultimate Population Projections — Projections that reflect a completely developed condition, based upon the City's ultimate "build-out" scenario. 6) Summary—Brief synopsis of the land use assumptions report. j:\clerical\wylie\2002-164 w&ww impact fees\reports\report-I.doc -7 Birkhoff Hendricks&Conway,L.L.P. C. Methodologv Based upon the growth assumptions and the capital improvements that will be needed to support future growth, it is possible to develop an impact fee structure which fairly allocates capital improvement costs to growth areas in relationship to their impact upon the entire infrastructure system. The database and projections in this report have been formulated using reasonable and generally accepted planning principles and methodologies. These land use assumptions and future growth projections take into consideration several factors influencing development patterns, including the following: 1) The character,type, density and quantity of existing development 2) Existing land use patterns 3) Anticipated future land uses (as shown in the City's Future Land Use Plan) 4) Availability of land for future expansion, and the City's physical holding capacity 5) Current growth trends in the City and region 6) Location and configuration of undeveloped (vacant) land 7) Known or anticipated development projects 8) Potential sanitary sewer availability (e.g.,topographical constraints) 9) Growth policies adopted in the Future Land Use Plan A summary of the general methodology used for the preparation of this report follows: 1) Establish impact fee water and wastewater service areas (see Section II — Service Area Map). 2) Collect/determine benchmark (i.e., base year) data on population and land use as of January 2005 (see Section III—Base Year Data). 3) Project population and land use growth for ten years by impact fee service areas (see Section IV—Ten-Year Growth Assumptions). 4) Project the ultimate population for a fully developed City, assuming full development of service area(s) (see Section V—Ultimate Population Projections). A more detailed methodology for each is contained within the referenced sections. j.\clerical\wylie\2002-164 w&ww impact fees\reports\report-l.doc -8 Birkhoff Hendricks&Conway,L.L.P. D. Service Area Maps Figure 1R on the following page shows the proposed service area for water and wastewater facilities. The service area boundary for wastewater includes all land area within the existing City limits, all that land within the Wylie water CCN, and those portions of shared CCNs that Wylie will serve as development occurs. The service area boundary for water includes all that land within the Wylie water CCN, and those portions of shared CCNs that Wylie will serve as development occurs. A recommended priority listing of projects for water and wastewater facilities will be outlined in the City's Capital Improvements Program (CIP). The actual ten-year CIP upon which the impact fee program must be based will be prepared separately, per the requirements of Chapter 395. j:\clerical\wylie\2002-164 w&ww impact fees\reports\report-I.doc -9- / t- kWh 4W " r Ito.a111 • a : ., *Li n �, ' 1� ..'' ' 11 gInli■i '� Lawn Lake o .1110 Ilk N\AT:lifk.‘ --•. ,- ig. --i I. �T .�..illlllll �`" �. . ■ „_, , �`� ...„.6....... ,,..,..._ . r.. �� _ _y.. I(IlllinuuunUlt�IIc �- _� Imo/ ��r �111=� �// � ill; I _�99117"El .. ; ""'" _1 I I 411411 I I 1%.,\ -.71,-MI--. hd..,,-414-41 I tiril —..„t•i ,all riallil _. 1 L ei .)..___e.... ,_.,,,. , i -- ,..111,60 ... VI - _ , ei', 11. :‘,"-......- � — cc== 1 16. al.""mnri7.,. mi.-, MN IMIHIIIIII - . 144, ��� s ■ _S' ilib- ,0 M 0 irir 7 Ill' ii. • IFIZ I w 4 il` --i;..oami - -- --- -14 -'' - . — . =+1i 1�.... J '_., i �;,.,��r- r_; I�� Illlalll�lljlll - _ --- 1.1Ir ��,' t I i^ = /IIIIIC .�i1111.,711111f:1 twit I� jjmr■ p Imci111 `ilina / 7. L— . _ IA., 1'111111 II ` �:J C�-J\� \ INNIS ./.---77:_„„ vivilliumnorma___ '..z- ' , --- tit"'[ C.--l'grr Neal!' iniAii Siil II ill ai �IIIR1111111 '� mom= mum i ill 11 . Iti N '!� IIIIIII ' � . t\�Illllllt►C `i it 111113" -,,, MS W ESS.,d.lifffi h l_ 7441 P 'l'''i'1, 441 . m;R11. +i::Irrt.-: t�+ •IpII'IrI�' • E� I1_•1► , ■:S LEGEND?:. . _ ____2'„.4.(---H ir \ - :.:;�...� anon • r. Inca •_it h ..rmrm so+ c rau*. `-Ni . ` 1u1.o 2CO3 woo" NIOD :,, , �i_. SCA1F N f4T ♦Q♦�%A I '� - Lake Roy 1 I r ,�`:.e/� r� Hubbard l � ;40/ � •• �.� , till,, 1///7/4 t'' ---2-, �� . �,�`iAgiL4r'' I CITY OF WYLIFIGURE ; TEXAS Pt( ,litiiir ..�`�uti ,�:�.,+1 i : ,i- - WATER AND WASTEWATER ';� y , _•• G SERVICE AREA IMP ,,,, ... q• , ... '' �,.�:I BRKHOFF.HENDRICKS t CONIMY.W. -- �� I� ,'^ ,L- ..�_ j ooraanr■.ate■ OCT.. 2005 Birkhoff,Hendricks&Conway,L.L.P. E. Base Year Data This section documents historical growth trends and base data for the City. This "benchmark" information provides a starting basis of data, as established in the City's Future Land Use Plan and updated in April 2005, for the ten-year growth assumptions. One method of predicting future growth is looking at past growth. The historical growth rates for Wylie are shown in Table 1 below. Table 1 HISTORICAL GROWTH RATE City of Wylie,Texas Compounded City of % Average Annual Year Wylie Change % Change per Period 1970 (1) 2,675 0.0% 0.0% 1980 (1) 3,152 17.8% 1.6% 1990(1) 8,716 176.5% 10.7% 2000 (1) 14,965 71.7% 5.6% 2004 (2) 26,150 174.7% 15.0% (I) Source: U.S. Census. (2) Source: City of Wylie,April 2005. Over the 30-year period of 1970 to 2000, the City of Wylie experienced a significant amount of growth. The City is continuing to experience a significant increase in population, housing, and commercial development activity. As of January 2005, the City of Wylie had a total of 2,852 residential lots in various stages of development, including recently approved zoning cases and plats. The build-out of these lots will increase the existing housing stock as follows: 8,980 existing units (2004) +2,852 future units (2005) = 11,832 units or 31.8 % increase. Accordingly, it is anticipated that the City has the lot inventory to maintain the significant increases in population and housing growth experienced over the last ten to twenty years. It is also anticipated that the City will continue to receive petitions for the zoning and platting of new subdivisions. There are a number of pending development cases that will provide for additional new residential units. j:\clerical\wylie\2002-164 w&ww impact fees\reports\repon-1.doc - 11 - Birkhoff Hendricks&Conway,L.L.P. Another comparison and useful base data source for population growth is the past trends in residential construction. Table 2 shows the growth trend in residential construction in the City from 2000 to 2004. At the end of 1999 there were approximately 5,340 residential units this is the base number for percentage of growth. Table 2 RESIDENTIAL BUILDING PERMITS PER YEAR City of Wylie,Texas Year Prior Total Residential Units New Residential Units % Growth 2000 5,340 385 (1) 7.2% 2001 5,725 749 (1) 13.1% 2002 6,474 1,085 (1) 16.8% 2003 7,559 1,415 (2) 18.7% 2004 8,974 1,162 (2) 12.9% Average: 959 new residential units per year over 5 years Source: (1) Current Housing Estimates, North Central Texas Council of Governments, 2000, 2001 and 2002. (2) City of Wylie Building Department, 2003 and 2004. The growth in housing shown in Table 2 illustrates the recent trend in residential activity for the City of Wylie. The trend shown here reflects that observed for the recent trend in population growth. The City has seen sharp increases in residential growth over the past few years. As mentioned earlier, the City's available lot inventory is increasing. For the purposes of documenting changes in population, land use, density and intensity, the data format to be used as a basis to formulate the land use assumptions will be principally population and land use estimates. These estimates and the land use inventory, from the City's Future Land Use Plan, were used to establish a beginning baseline and updated to January 2005 for the projections for Wylie. 1) Population and Land Use Existing land uses were documented throughout each of the service areas in development of the Land Use Plan. Residential and non-residential building activity for each of the service areas was then analyzed to establish base population and employment estimates for January 2005. j:\clerical\wylie\2002-164 w&ww impact fees\reports\repon-l.doc - 12 Birkhoff,Hendricks&Conway,L.L.P. The estimated population in January 2005 for both service areas is: Water Wastewater • Population 25,325 29,427 • Dwelling Units 8,980 10,434 • Households 8,585 9,975 These residential calculations are based on the following assumptions: • Occupancy Rate 95.6 percent(2000 U.S. Census for Wylie); and • Average Household Size 2.95 persons/household (2000 U.S. Census). 2) Land Use Prior to an evaluation and projection of future land use patterns, an understanding of existing conditions is essential. Documentation of existing land use patterns within the City and its ETJ was included as part of the Land Use Plan. This data has been updated to reflect the residential and non-resident development activity that has occurred through January 2005. This documentation provides an overview of the general present physical composition and condition of the City. Table 3 shows a summary of estimated existing land uses for the land area within the water and sanitary sewer service zones. TABLE 3A Existing Land Use For The Water Service Zones—2004 City of Wylie,Texas Acres Used Percent of Land Use (Developed) Developed Area Low Density Residential 1,527 21.71% Medium Density Residential 2,352 33.43% High Density Residential 142 2.02% Commercial/Retail/Office 265 3.77% School, Public/Semi-Public, Services 198 2.81% Downtown Historic District 34 0.48% Utilities/Heavy Industrial 373 5.30% Light Industrial 2 0.03% Parks&Open Space 88 1.25% Agricultural 2,054 29.20% Total Area: 7,035 100.00% Source: City of Wylie,April 2005. j:\clerical\wylie\2002-I64 w&ww impact fees\repons\report-I.doc -13- Birkhoff,Hendricks&Conway,L.L.P. TABLE 3B Existing Land Use For The Sanitary Sewer Service Zones—2004 City of Wylie,Texas Acres Used Percent of Land Use (Developed) Developed Area Low Density Residential 2,799 22.87% Medium Density Residential 3,501 28.60% High Density Residential 186 1.52% Commercial/Retail/Office 482 3.94% School, Public/Semi-Public, Services 334 2.73% Downtown Historic District 34 0.28% Utilities/Heavy Industrial 447 3.65% Light Industrial 155 1.26% Parks&Open Space 213 1.74% Agricultural & Floodplain 4,090 33.41% Total Area: 12,241 100.00% Source: City of Wylie,April 2005. Table 4 shows a summary of estimated existing land uses (as of April 2005), in acres per 100 persons, assuming 3 people per ESFU for the land area within the water and wastewater service areas. TABLE 4A Existing Land Use Per 100 Persons For The Water Service Zones—2004 City of Wylie,Texas(1) Acres Per Land Use Category 100 Persons Low Density Residential 5.84 Medium Density Residential 8.99 High Density Residential 0.54 Commercial/Retail/Office 1.01 School, Public/Semi-Public, Services 0.76 Downtown Historic District 0.13 Utilities/Heavy Industrial 1.43 Light Industrial 0.01 Parks& Open Space 0.34 Agricultural 7.85 Total Area: 26.90 Based upon 2004 population of 26,150 persons. Source: City of Wylie j:\clerical\wylie\2002-164 w&ww impact fees4epottstrepon-l.doc -14- Birkhoff Hendricks&Conway,L.L.P. TABLE 4B Existing Land Use Per 100 Persons For The Sanitary Sewer Service Zones—2004 City of Wylie,Texas(1) Land Use Category Acres Per 100 Persons Low Density Residential 10.71 Medium Density Residential 13.39 High Density Residential 0.71 Commercial/Retail/Office 1.84 School, Public/Semi-Public, Services 1.28 Downtown Historic District 0.13 Utilities/Heavy Industrial 1.71 Light Industrial 0.59 Parks& Open Space 0.81 Agricultural&Floodplain 15.64 Total Area: 46.81 (I)Based upon 2004 population of 26,150 persons. Source: City of Wylie F. Ten-Year Growth Assumptions Growth is characterized in two forms: population (residential land use) and nonresidential land use. Several assumptions were necessary in order to arrive at reasonable growth rates for population and employment in the City of Wylie. The following assumptions were made as a basis from which 10-year projections are initiated: 1) Future land uses will occur as shown on the Future Land Use Plan. 2) The City will be able to finance the necessary improvements to the water and wastewater systems to accommodate expected growth. 3) School facilities will accommodate expected increases in school-age population. 4) Densities will be as projected, based upon anticipated zoning districts. 5) Known or anticipated development projects will occur as presently planned. The 10-year projections, or land use assumptions, are based upon the establishment of a reasonable growth rate based upon past trends and/or other considerations. Considering the increasing trends in population and housing growth (Table 2) and the City's proximity to the Dallas/Fort Worth metropolitan area and combining these factors with anticipated development projects provides a reasonable indication of growth potential. Based upon these assumptions, the annual average number of residential dwelling units constructed per year over the next 10-year period is projected to be 900. A household size of 2.95 persons per household with an occupancy rate of 95.6 percent was used to j:\clerical\wylie\2W2-164 w&ww impact fees\repons\report-l.doc -15- Birkhoff Hendricks&Conway,L.L.P. calculate the future population based on the projected residential activity. The 2004 population of 26,150 (Table 1) is projected to increase to approximately 51,520 by the year 2015, representing a compounded annual growth rate of 7.02%. This rate would generate an average population increase of about 2,537 persons per year. The following shows the formula for calculating the ten-year growth assumptions: Residential: 900 dwelling units x 0.956 occupancy rate= 860 occupied dwelling units/year 860 occupied dwelling units/year x 2.95 household size=2,537 persons/year 2,537 persons/year x 10 years=25,370 persons net 10-year residential growth "Note: It should be noted that the 10 year population and housing projection assumes growth potential within the existing municipal boundaries and the existing extraterritorial jurisdiction (ETJ). These projections do not assume residential growth beyond the existing ETJ" This rate of growth (7.02% compound annual growth rate) is a reasonable rate for Wylie to be expected to grow at over the next 10 years. The growth rate projected for Wylie is less than the compounded annual growth rate over the last 14 years (8.2%) and is consistent with other comparable cities within the region. The region, in which Wylie is located, is one of the State's fastest growing population and employment centers. Table 5 shows the average annual compounded growth rates for other cities in the area and for Collin County from 1990 to 2000: TABLE 5 Populations and Growth Rates of Area Cities and Collin County-- 1990 and 2000 Compounded Average City/Jurisdiction 1990 Population 2000 Population Annual % Change Wylie 8,716 14,965 5.6% Allen 19,315 43,544 8.0% Frisco 6,138 33,714 19.0% McKinney 21,283 54,369 10.0% Murphy 1,547 3,099 7.0% Plano 127,885 222,030 6.0% Prosper 1,018 2,097 7.0% Collin County 219,212 415,219 7.0% Source: U.S. Census, 1990 and 2000. j:\clerical\wylie\2002-164 w&ww impact fees\reports\report-I.doc -16- Birkhoff Hendricks&Conway,L.L.P. Table 5 illustrates that the regional growth pattern is continuing to move outward from Dallas toward the City of Wylie. Those cities that experienced the greatest amount of growth from the 1980s to the 1990s have achieved significant levels of build-out and those cities further north have begun to experience significant population and housing increases. Those cities north and west of Wylie are currently experiencing growth rates similar to those projected for Wylie through 2015. The projected annual growth rate for the City of Wylie and the resulting population projection of 51,520 persons for the 10-year planning horizon is considered reasonable for planning purposes. As mentioned, this growth is projected throughout the City's water and wastewater service area, with a substantial amount of the growth being beyond the current municipal boundaries during the next ten years. The above mentioned growth rate represents growth throughout the water and wastewater service zones. It is anticipated that most of this projected growth will ultimately be incorporated into the City service area limits for several reasons: 1) More stringent environmental laws pertaining to septic waste systems. 2) Increasing insurance rates outside corporate City limits. 3) The City's progressive philosophy regarding water and sewer line extensions. 4) Proposed upgrading of construction standards in the City's ETJ. Changes in population affect the use of land. In the case of Wylie, increased population is due to the conversion of vacant or agricultural land into residential and other land uses. Non-residential development will increase in order to provide the goods and services that the increased population will demand. The estimation of the additional acres to be developed for the next 10 years will aid in the determination of demand for additional water and wastewater facilities. j:\clerical\wylie\2002-164 w&ww impact fees\repons\report-I.doc -17 Birkhoff Hendricks&Conway,L.L.P. Table 6 shows the additional Retail/Office, Commercial, and industrial land uses required for the increase in population projected through 2015 (25,370 people). TABLE 6A TEN-YEAR LAND USE PROJECTIONS-- 2015 For The Water Service Zones—2015 City of Wylie,Texas Future Acres Acres Required For Land Use Per 100 Persons 25,370 Persons Commercial/Retail/Office 1.80 457 School, Public/Semi-Public, Services 0.67 170 Utilities, Heavy and Light Industrial 2.50 634 Parks& Open Space 1.03 261 Total Acres: 6.00 1,522 Source: City of Wylie,April 2005. The future acres per 100 persons reflect those ratios that have been observed for Texas cities with healthy local economies. It should be noted that these ratios also closely reflect the existing land use mix for Wylie's water and wastewater service areas. The ratios are used to calculate the amount of non-residential development that the local population may support. G. Ultimate Population Projection An ultimate, or holding capacity, land use and population projection was also established in the City of Wylie's Future Land Use Plan. First, known densities of development were considered. Then, based upon the remaining developable vacant land in Wylie and its ETJ, densities of anticipated development projects were applied. The ultimate population of the City of Wylie is a function of anticipated residential land use area (acres), housing density (dwelling units per acre), and population density (persons per dwelling unit). Based upon the land uses identified on the Future Land Use Plan, the total ultimate land use areas of residential development were calculated using the density standards adopted as part of the Future Land Use Plan. The ultimate holding capacity for the planning area, assuming that each residential area is built out to its maximum capacity, generates a maximum population of approximately 75,600 persons for the sewer service area, excluding the unincorporated lake areas. j:\clerical\wylie\2002-164 w&ww impact fees\reports\eport-I.doc -18- Birkhoff Hendricks&Conway,L.L.P. H. Summary The data used to compile these land use assumptions were from three sources, anticipated development for the City of Wylie, residential building data and other data from the City, and information from the Future Land Use Plan. The ten-year growth projections were calculated based upon reasonable growth rates and trends for Wylie and the surrounding area. Ultimate projections were based upon the holding capacity of vacant land using land use types and applying densities as established by development policies, the Future Land Use Plan, and known proposed development plans. The land use assumptions may be summarized as follows: 1) The Wylie wastewater planning area contains approximately 24.19 square miles, about 50%of which is presently undeveloped land or right-of-way. 2) The 2004 estimated population in the existing water service area is 25,325. The 2004 estimated population in the existing wastewater service area is 29,427. 3) The ten-year growth projections were calculated using a compounded average annual growth rate of approximately 7.02%. 4) The ten-year population projection for Wylie is approximately 51,520 persons inside the water service area and 57,996 in the sanitary sewer service area. 5) The ultimate (build-out) population within the water service area is approximately 55,900 persons and 75,600 persons in the wastewater service area, according to the adopted Land Use Plan. j:\clerical\wylie\2002-I64 w&ww impact fees\reports\report-I.doc -19- Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 7 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 08/07/07 Budgeted Amount: Exhibits: Resolution, Draft Report Subject Consider, and act upon, Resolution No. 2007-24(R) setting a date, time and place for a Public Hearing on the proposed Thoroughfare Impact Fees. Recommendation Motion to approve Resolution No. 2007-24(R) setting a date, time and place for a Public Hearing on the proposed Thoroughfare Impact Fees. Discussion Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees, and Council previously conducted a public hearing and considered an ordinance on the proposed CIP. The CIP identifies thoroughfare projects necessary over the next ten years to serve the projected growth of the City. The proposed Resolution sets a date, time, and place for a Public Hearing on the proposed Thoroughfare Impact Fees. The Impact Fee Advisory Committee will discuss and provide written comments on the proposed fees. Approved By Initial Date Department Director CH 08/07/07 City Manager (Inn �6ja,3 to 7 Page 1 of 1 RESOLUTION NO. 2007-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED THOROUGHFARE IMPACT FEES BY THE CITY OF WYLIE, TEXAS AUTHORIZING AND DIRECTING THE CITY SECRETARTY OR HER DESIGNEE TO NOTIFY THE PUBLIC OF SUCH PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. On the 9th day of October, 2007 at 6:00 p.m. in the City Council Chamber of the Wylie City Hall, 2000 N. Highway 78, City of Wylie, Texas, the City Council will hold public hearings giving all interested persons the right to appear and be heard on the proposed thoroughfare impact fees by the City of Wylie, Texas. Notwithstanding the foregoing, the above stated date(s) for public hearing may be changed to any other date(s) that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date. Section 2. The City Secretary or her designee, of the City of Wylie, Texas, is hereby authorized and directed to cause notice of such hearing to be published in one or more newspapers having general circulation in Collin, Rockwall and Dallas Counties and send notice by certified mail to any person having given notice to the City by certified or registered mail within two (2) years preceding the date this resolution is adopted in accordance with Section 395.049 of the Texas Local Government Code. Said notices shall be published and mailed before the 30th day before the date of the public hearing. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on the 28th day of August, 2007. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary 496217-1 Resolution No.2007-24(R) PH on proposed Thoroughfare Impact Fees ROADWAY IMPACT FEE 2008 - 2017 Prepared For CITY ! YLIE 411, Prepared By BIRKHOFF, HENDRICKS & CONWAY, L.L.P. 7502 GREENVILLE AVENUE, #220 DALLAS, TEXAS 75231 And LEE ENGINEERING 3030 LBJ FREEWAY, #1660 DALLAS, TEXAS 75234 August 2007 FINAL DRAFT REPORT CITY OF WYLIE THOROUGHFARE CAPITAL IMPROVEMENT PLAN ROADWAY IMPACT FEES The first step in the development impact fee process is the development of a 10-year Capital Improvement Plan (CIP). This capital improvement plan includes projects intended for construction by the City of Wylie in the next 10 years to serve existing and future development. The 2006 Roadway CIP developed by the City of Wylie has been updated to add two new projects and for aesthetic improvements for all projects in the CIP. Existing Facilities The City of Wylie arterial and major collector street system is partially developed at this time. Several roadways in developed areas are partially built to current thoroughfare plan standards. Many existing streets are two-lane (20' -40' width) asphalt roadways with open surface drainage. The existing major arterial roadways within the City include State Highway 78 (SH 78), FM 544, FM 1378, Ballard Avenue, Brown Street, and Stone Road. Several of the arterial roadways including SH 78, FM 544 and FM 1378 are under the operation and maintenance jurisdiction of the Texas Department of Transportation (TxDOT). The City is planning to remove FM 1378 from the TxDOT system and if successful the City will operate and maintain that roadway. Proposed Facilities The City of Wylie adopted a revised Comprehensive Plan including an updated thoroughfare plan in 2005 that is the basis for development of the future street system. The thoroughfare system is a conventional network conforming to a hierarchical, functional classification system developed to support the forecast traffic demands of future land use and. The highest classification of roadway is the Principal Arterial type facility. These roadways are generally multiple lanes (4 or 6) with medians that serve the function of controlling access, separating opposing traffic movements and providing an area for the storage of left turning vehicles. The lower classifications are the collector facilities that are developed to serve the adjoining development. The character of the developments served should determine the sizes and alignments of collector roadways. City of Wylie—2007 Roadway Impact Fee Update Page 1 Capital Improvement Plan for Impact Fees The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are tabulated in Table 1 and graphically illustrated in Figure 1. Each listed project includes a description of the planned improvements, the approximate project length, and an engineer's opinion of probable cost to the City. In addition, under existing State Statute, a municipalities' cost associated with TxDOT facilities can be financed with impact fees. All roadways included in the 2007 CIP are identified in the City of Wylie Thoroughfare Plan. The engineer's opinions of probable construction cost were prepared without the benefit of a detailed preliminary engineering study for each project. The costs are based on data provided by the City of Wylie and on roadway project construction bids. Financing costs for the projects in the thoroughfare CIP were also included in the total estimated cost and the interest rate of 6% was provided by the City of Wylie. City of Wylie—2007 Roadway Impact Fee Update Page 2 Table 1 Thoroughfare Capital Improvement Plan City of Wylie 2007 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH CONSTRUCTION COST COST OF TOTAL PROJECT COST ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) TO THE TOWN FINANCING ELIGIBLE FOR RECOVERY FM 1378 W1 FM 544 W Brown St 2 lanes Build a 4-lane divided section 3,500 $ 1,633,350.00 $ 1,029,011.00 $ 2,662,361.00 FM 1378 W2 W Brown St Parker Rd 2lanes Build a 4-lane divided section 13,200 $ 14,970,000.00 $ 9,431,100.00 $ 24,401,100.00 W Brown Street W3 FM 1378 Ballard Ave 2 lanes l Build a 4-lane divided section 9,500 $ 12,645,000.00 $ 7,966,350.00 $ 20,611,350.00 Hensley Lane(East) W4 Hensley Hooper --- Build a 3-lane undivided section 3,100 $ 2,965,000.00 $ 1,867,950.00 $ 4,832,950.00 Country Club Road W5 FM 544 Hooper --- Build a 4-lane divided section 5,500 $ 6,800,000.00 $ 4,284,000.00 $ 11,084,000.00 McMillen Road W6 Lewis Country Club(FM 1378) 2 lanes Realign and build a 4-lane divided section 6,000 $ 9,410,000.00 $ 5,928,300.00 $ 15,338,300.00 McCreary Road W7 FM 544 South City Limit --- Build a 4-lane divided section 3,350 $ 6,550,000.00 $ 4,126,500.00 $ 10,676,500.00 Springwell Pkwy W8 FM 544 Hensley Lane(West) --- Build a 4-lane undivided section 2,700 $ 2,850,000.00 $ 1,795,500.00 $ 4,645,500.00 Hensley Lane(West) W9 McCreary Rd. Country Club Rd. --- Build a 4-lane undivided section _ 5,100 $ 5,095,000.00 $ 3,209,850.00 $ 8,304,850.00 Sub Total $ 62,918,350.00 $ 39,638,561.00 $ 102,556,911.00 Alanis Drive El Century Way S Ballard 3 lanes Build a 4-lane divided section 4,400 $ 9,750,000.00 $ 6,142,500.00 $ 15,892,500.00 Alanis Drive E2 Twin Lakes FM 544 3 lanes Build a 4-lane divided section 2,700 $ 3,080,000.00 $ 1,940,400.00 $ 5,020,400.00 Kirby Street E3 SH 78 Birmingham 4 lanes Build a 4-lane divided section 1,400 $ 1,964,293.00 $ 1,237,505.00 $ 3,201,798.00 Stone Road E4 Birmingham _ S Ballard 2 lanes Build a 4-lane divided section , 8,300 $ 1,122,000.00 $ 706,860.00 $ 1,828,860.00 Stone Road E5 Ballard Akin 2 lanes Build a 4-lane divided section 2,800 $ 3,110,000.00 $ 1,959,300.00 $ 5,069,300.00 S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Build a 4-lane divided section 3,600 $ 4,140,000.00 $ 2,608,200.00 $ 6,748,200.00 S Ballard Avenue E7 Alanis Dr County Line 2 lanes Build a 4-lane divided section , 6,200 $ 7,430,000.00 $ 4,680,900.00 $ 12,110,900.00 Stone Road E8 Alkin Vinson 2 lanes Build a 4-lane divided section 13,500 $ 12,965,000.00 $ 8,167,950.00 $ 21,132,950.00 Brown Street E9 SH 78 Stone 2 lanes Build a 4-lane divided section 11,100 $ 13,505,000.00 $ 8,508,150.00 $ 22,013,150.00 SH 78 El Eubanks Spring Creek Pkwy 2 lanes Build a 4-lane divided highway section 3,200 $ 3,552,000.00 $ 2,237,760.00 $ 5,789,760.00 Sub Total $ 60,618,293.00 $ 38,189,525.00 $ 98,807,818.00 Grand Total: $ 123,536,643.00 I$ 77,828,086.00 I$ 201,364,729.00 City of Wylie - 2007 Roadway Impact Fee Updae Page 3 I I I III I I I ,_.._... - 111 f • f J e 4111 AI ��., ..1,,_ 7 T_O ..11._-._.:L /'��.. .A uric /, -/ -,— - 1=mei'. / .//,;;.._"•—' / / 4. //,,, / l- *' - 11421fr err J+ II � M J ,.y/' ;,!11111111 '''' : flllll,l 1i1 _® t t IIIIII11 7_ - / / `�+� '!r. ® —riir__ii�i.�n I� ,w�I ' iinm1 c I II II Jw°_NI L�/LJ �l 11 11111 �.. Jill 11111 IEJ . v � T, 1111 IIIII _ �__ ,,1�,�, tllr f fJ :74:Ill .L �• .'''' i <I( + �u-y- qpl •_7. i`1 t i1�1 �R.� 'AUI7I /!u W/ �:17 •N. i, �I I�6y1;1► �� ' Yetttw -- - J/ gia a �/ In flilllll�ill- -" 1 � �- �✓r j- r.�..r 6 lliiiii � LIAS!i11-11 / /,�.�/�.e „ , "+qun�i� , A S"RZG gi�rl�sp -�Ir a • ? 2z, ,,-7/7/ `i,, 1 1• 4 IPPr.1, 1 / �' •I II i aum : Own - �. 0, —i , _tilt' •; CITY OF WYLIE COMMERCIAL RESIDENTIAL INDUSTRIAL INSTITUTIONAL/PUBLIC & SEMI—PUBLIC 1 I COMMERCIAL CORRIDOR I I LOW DENSITY RESIDEN AL I I HEAVY NDUSTRIN. I I SCHOOL/cHURCH/PUBUC/son-PUBLIC THOROUGHFARE CAPITAL IMPROVEMENTS 1 I COMMERCIAL RETAIL I I MEDIUM DENSITY RESIDENTIAL I I LIGHT INDUSTRIAL I I PARK/OPEN SPACE IMIOICIFT,IIEMILICKS•C •LEE 1nomONIG I 1 NEIGHBORHOOD SERVICES 1 I HIGH DENSITY RESIDENTIAL FLOODPUIN OVERLAY ..m, I I DOWNTOWN HISTORIC DISTRICT OVERLAY IMPACT FEE CALCULATION I. INTRODUCTION The next step of the Development Impact Fee process is the determination of the maximum fee per service unit that can be charged by the City for new developments. The fee is calculated by dividing the costs of the capital improvements identified as necessary to serve growth forecast to occur during the 10-year planning period by the number of service units of growth forecast to occur. The specific steps, as described in following paragraphs of this section include: 1. Determination of a standard service unit; 2. Identification of service areas for the City; 3. Identification of that portion of the total capital improvements necessary to serve the projected growth over the next 10-year period; 4. Analysis of the total capacity, level of current usage, and commitment for usage of capacity of existing improvements; 5. Determination of the "standard service unit" and equivalency tables establishing the ratio of a service unit to the types of land use forecast for growth. II. SERVICE UNIT To determine the impact fee rate applied to thoroughfare facilities the standard service unit selected was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by multiplying the number of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was chosen because it is usually considered the critical time for roadway analyses. The trip generation data were directly obtained or derived for each defined land use type from "Trip Generation, 7th Edition" of the Institute of Transportation Engineers, which is the standard data reference to determine vehicle trip generation characteristics of particular land use types and densities. Trip length information for each land use specified was based on data developed for the Dallas-Fort Worth area by the North Central Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any land use, as this trip length was assumed to be the maximum average distance a trip would travel on roadways within the City of Wylie. Table 2 shows the typical service units for each land use type. City of Wylie—2007 Roadway Impact Fee Update Page 5 Table 2 Service Unit Calculation by Land Use Type City of Wylie 2007 Roadway Impact Fee Study Update PM Peak Trips' Trip Length2 Variable Vehicle-Miles (vehicles) (miles) Residential Dwelling Unit 1.01 3.0 3.03 Office 1,000 ft2 1.49 3.0 4.47 Commercial/Retail 1,000 ft2 3.75 2.4 9.00 Industrial 1,000 ft2 0.98 3.0 2.94 Public and Institutional 1,000 ft2 1.01 2.1 2.12 Parks and Recreational Acre 13.01 2.1 27.32 1 Based on ITE Trip Generation, 7th Edition 2 Based on NCTCOG data City of Wylie—2007 Roadway Impact Fee Update Page 6 III. SERVICE AREAS The State Statute governing the imposition of development impact fees require that collection and expenditure of fees imposed for street facilities "...is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles." To comply with this State Law, two service areas (West and East) were established for the City of Wylie to ensure that funds are spent within six miles of where they are collected. The service areas include most of the developable land within the city limits of Wylie. Within Wylie, the growth and intensities of growth for the ultimate development of the City and that portion of the service area expected to occur during the 10-year period, 2008-2017, is forecast. The two service areas are shown in Figure 2. IV. ASSUMPTIONS AND EVALUATION CRITERIA Determination of the eligible costs of capital improvements to serve the forecast growth over the 10-year period from 2008 to 2017 was based on data provided by the City of Wylie. The basic criteria and assumptions made for this study include the following: 1. Costs of existing facilities constructed to serve new development have been included, and City of Wylie staff identified projects of this type. 2. Bond interest costs are included. 3. Street facility improvements, although necessary for additional capacity by new growth, will logically serve all existing and future growth by improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio of the 10-year growth to the total number of service units determined for the build-out. Table 3 shows the portion of ultimate build-out service units that will be attributable to growth within the next 10 years and is used to pro-rate the identified costs in the service area. In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year Capital Improvement Plan will include the total cost of the street facilities, not reduced by any expected participation. Rather, construction by a developer of an arterial facility within or off-site should be treated as a credit to the impact fee assessment. City of Wylie—2007 Roadway Impact Fee Update Page 7 L r_ mo ,_.._ _�... Ii ll'1 ° - T I '. ° , • , I .r Ill ! ._,1._.._.. ti I \ lill• i IIIIIIII , '1 i _ _ - --- s11 1 ^ - , rr tiff '7 I►--�i� 1111111111III I. `.� .I. . `' I �11�— I I_i.- - -- ���1111CI11il0l n I ,� -_�IIII)C��111'11111 ■& I i 1,� 11 III dll o r.._.. VI El F' i V• .nnllnn' IJ I i ■- r IJ ". i • 1I a•11; I I I I I I e' = _-- •L I I j - ; .: 1 i J L IIII111 II11 ' I 13 I 1 -I 1, ■ ❑J I 1 I-..�u i 1 ! ilf�1 a -!iiiimmer ........... ...,,, N.. • -... ,'' WYLIE ROADWAY IMPACT FEE / ,3` d y SERVICE AREAS Table 3 Summary of Vehicle - Mileage Distribution by Development Period City of Wylie 2007 Roadway Impact Fee Study Update Existing 2008 -2017 Year 2018 -Ultimate Portion of Vehicle-Miles Portion of Vehicle-Miles Portion of Service Vehicle-Miles Ultimate Ultimate Added Ultimate Added Ultimate Area 2007 Vehicle-Miles Vehicle-Miles 2008-2017 Vehicle-Miles 2018-Ultimate Vehicle-Miles W 37,408 0.541 30,585 0.443 1,092 0.016 69,085 E 20,957 0.535 18,083 0.461 165 0.004 39,205 Total 58,366 48,668 1,256 108,289 City of Wylie—2007 Roadway Impact Fee Update Page 9 V. ELIGIBLE COSTS Table 4 presents a summary of the roadway capital improvement costs for the two service areas. The 10-year portion of the total costs was calculated using the data from Table 3. Costs of each of the individual street projects were accumulated, or apportioned, for the service area in which they were located. Boundaries of the service areas were located to be coincident with natural barriers, the center of existing or proposed street facilities included in the capital improvements plan or along city limit lines. Costs of these projects included only those costs that will be paid for by the City of Wylie. VI. DETERMINATION OF STANDARD SERVICE UNIT AND EQUIVALENCY The determination of growth of service units and resulting impact fee rates were then made. Table 5 presents the derivation of service unit equivalents for each of the six defined land use types. The service unit equivalents are referenced to and based on the residential land use. Table 6 presents a summary of the calculations and resulting eligible costs per service unit. Under current State law, municipalities are required to administer a detailed financial analysis to support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible costs. The total eligible costs per service unit are shown in Table 6. The City will use either a detailed financial analysis to adjust for tax credits or will use 50 percent of these eligible costs. VII. IMPACT FEE CALCULATION METHODOLOGY The methodology for calculating the maximum allowable impact fee for roadway facilities can be summarized in the following three steps. First, determine the cost of the roadway facilities (existing roadways eligible for recuperation of construction cost and proposed roadways) that can be attributed to new growth over the 10-year period. This calculation for Service Areas W and E are summarized on pages 14 and 15. City of Wylie—2007 Roadway Impact Fee Update Page 10 Table 4 Summary of Capital Improvement Cost by Service Area City of Wylie 2007 Roadway Impact Fee Study Update Zone Cost of Portion of Capacity of Cost of Thoroughfare Service Area Thoroughfare Thoroughfare Attributed Attributed to Growth to Growth(2008-2017) (2008-2017) W $102,556,911.00 0.443 $45,432,711.57 E $98,807,818.00 0.461 $45,550,404.10 Totals $201,364,729.00 $90,983,115.67 City of Wylie—2007 Roadway Impact Fee Update Page 11 Table 5 Thoroughfare Land Use Equivalency City of Wylie 2007 Roadway Impact Fee Study Update Land Use Development Veh-Miles/Development Unit SU Equivalency Unit (1) (2) Residential Dwelling Unit 3.03 1.00 Office 1,000 ft2 4.47 1.48 Commercial/Retail 1,000 ft2 9.00 2.97 Industrial 1,000 ft2 2.94 0.97 Public and Insitutional 1,000 ft2 2.12 0.70 Parks and Recreational 1,000 ft2 27.32 9.02 Notes: (1) Based on data from the ITE Trip Generation Manual and NCTCOG (2) Ratio of each land use to service unit of Residential City of Wylie—2007 Roadway Impact Fee Update Page 12 Table 6 Impact Fee Calculation for Thoroughfare by Service Area City of Wylie 2007 Roadway Impact Fee Study Update Cost of Thoroughfare Number of New Cost Per Cost Per Service Area Attributed to Growth Service Units Service Unit Service Unit (2008-2017) (2008-2017) (Rounded) W $45,432,711.57 30,585 $1,485.46 $1,485 E $45,550,404.10 18,083 $2,518.96 $2,518 Totals $90,983,115.67 48,668 City of Wylie—2007 Roadway Impact Fee Update Page 13 Calculation for Service Area W Cost of Roadway Facilities(Table 1 - Service Area W) = $102,556,911 Proportion of Capacity Attributable to New Growth(Table 3 - Service Area W) = 0.443 Cost of Roadway Facilities Attributable to Growth (2008-2017 - Service Area W): $102,556,911 x 0.443 =$45,432,711.57 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2008-2017) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area W is: Maximum Roadway Impact Fee=Eligible Thoroughfare Cost Attributed to Growth (Table 4) Total Growth in Equivalent Service Units (Table 3) = $45,432,711.57 30,585 ESU = $1,485.46/ESU= $1,485 /ESU (Rounded Service Area W) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the maximum calculated fee the amount would be $1,485 x 50%= $742.50. Calculation for Service Area E Cost of Roadway Facilities(Table 1 - Service Area E)= $98,807,818 Proportion of Capacity Attributable to New Growth(Table 3 - Service Area E) =0.461 Cost of Roadway Facilities Attributable to Growth(2008-2017 - Service Area E): $98,807,818 x 0.461 = $45,550,404.10 City of Wylie—2007 Roadway Impact Fee Update Page 14 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2008-2017) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area E is: Maximum Roadway Impact Fee=Eligible Thoroughfare Cost Attributed to Growth(Table 4) Total Growth in Equivalent Service Units (Table 3) = $45,550,404.10 18,083 ESU = $2,518.96/ESU =$2,518 /ESU (Rounded Service Area E) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the maximum calculated fee the amount would be $2,518 x 50%= $1,259.00. Impact Fee Calculation Example The land use equivalency table is provided in Table 7. This table identifies the total service units generated by specific uses within each land use category. To obtain the impact fee to be charged for a particular land use, the impact fee per service unit adopted by the City and the service units per development unit generated for that particular land use from Table 7 are used. Examples for calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center (commercial / retail facility) assuming impact fees of$742.50 per service unit (Service Area W) and $1,259.00 per service unit(Service Area E) are shown page 17. City of Wylie—2007 Roadway Impact Fee Update Page 15 Table 7 Land Use Equivalency City of Wylie 2007 Roadway Impact Fee Study Update CATEGORY LAND USE DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE UNITS RATE2 LENGTHS TRAFFIC4 UNITSS RESIDENTIAL Single-Family Detached Dwelling Unit 1.01 3.0 0 3.03 Apartment Dwelling Unit 0.62 3.0 0 1.86 OFFICE Office Building 1,000 ft2 GFA 1.49 3.0 0 4.47 COMMERCIAL Convenience Stores/Gas Pumps 1,000 ft2 GFA 60.61 0.4 0.7 7.27 Drive-In Bank 1,000 ft2 GFA 45.74 1.7 0.5 38.88 Home Improvement Store 1,000 ft2 GFA 2.45 3.0 0.2 5.88 Hotel Rooms 0.59 3.0 0 1.77 Restaurant 1,000 ft2 GFA 10.92 2.4 0.2 20.97 Shopping Center 1,000 ft2 GFA 3.75 3.0 0.3 7.88 INDUSTRIAL Industrial 1,000 ft2 GFA 0.98 3.0 0 2.94 INSTITUTIONAL School Students 0.15 2.1 0 0.32 Day Care Center Students 0.82 2.7 0.9 0.22 House of Worship 1,000 ft2 GFA 0.66 2.1 0 1.39 GFA=Gross Floor Area 2(Vehicles);Based on 1TE Trip Generation, 7th Edition 3(Miles);Based on NCTCOG Data Percentage of traffic already passing by site-land use is an intermediate destination 5(Vehicle-Miles) *The land uses and trip generation characteristics listed in this chart are intended as examples.The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers"Trip Generation,Seventh Edition,"which is incorporated herein by reference. City of Wylie-2007 Roadway Impact Fee Update Page 16 Service Area W—Example Calculations SINGLE-FAMILY DWELLING (Service Area W) •Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit)x(3.03 Vehicle-Miles/Dwelling Unit) = 3.03 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $742.50/Service Unit: (3.03 Vehicle-Miles)x ($742.50/Vehicle-Miles) = $ 2,249.77 50,000 ft2 SHOPPING CENTER(Service Area W) • Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2)x(7.88 Vehicle-Miles/ 1,000 ft2) = 394 Vehicle-Miles •Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $742.50 / Service Unit: (394 Vehicle-Miles) x($742.50/Vehicle-Miles) = $ 292,545.00 Service Area E—Example Calculations SINGLE-FAMILY DWELLING (Service Area E) • Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.03 Vehicle-Miles/Dwelling Unit)= 3.03 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $1,259.00/Service Unit: (3.03 Vehicle-Miles) x($1,259.00/Vehicle-Miles) = $ 3,814.77 50,000 ft2 SHOPPING CENTER(Service Area E) • Vehicle-Miles per Development Unit for Shopping.Center (50,000 ft2)x (7.88 Vehicle-Miles/ 1,000 ft2) = 394 Vehicle-Miles •Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $1,259.00/Service Unit: (394 Vehicle-Miles)x ($1,259.00/Vehicle-Miles) =$ 496,046.00 City of Wylie—2007 Roadway Impact Fee Update Page 17 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 8 Department: City Manager (City Secretary's Use Only) Prepared By: Rachael Hermes Account Code: Date Prepared: August 22, 2007 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Resolution No. 2007-25(R) denying the request of Atmos Energy Corporation, Mid- Texas Division for an Annual Gas Reliability Infrastructure Program (Grip) rate increase in this municipality, as a part of the company's statewide gas utility distribution system; supporting statutory reform of the Texas GRIP statute, finding that the meeting at which this Resolution is passed is open to the public; and providing for notice of this resolution to Atmos Energy Corp., Mid-Tex Division and the City's legislative delegation. Recommendation A motion approving Resolution No. 2007-25(R) denying the request of Atmos Energy Corporation, Mid-Texas Division for an Annual Gas Reliability Infrastructure Program (Grip) rate increase in this municipality, as a part of the company's statewide gas utility distribution system. Discussion Purpose of the Resolution: Atmos Mid-Tex filed its fourth surcharge request under the Gas Reliability Infrastructure Program ("GRIP") statute, seeking to implement monthly surcharges of $0.59 (average residential customers), $1.47 (average commercial customers), and $28.74 for industrial customers. The resolution denies Atmos Mid-Tex's 2006 surcharge request on the grounds that it does not comply with the law and is not reasonable. The resolution also indicates the City's support for statutory changes to the Texas GRIP statute to ensure fairness for ratepayers and to eliminate piecemeal ratemaking for any change in invested capital. What is GRIP? GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in the public interest. Atmos, TXU Gas, and other gas utilities persuaded the legislature in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage increased investment in transmission and distribution pipe by allowing prompt recovery of investment, despite the possibility that increased revenues and declining expenses could more than offset increased investment. Unfortunately, utilities have used the GRIP filings to include other costs unrelated to infrastructure improvements. GRIP surcharges are reconciled in a general rate case that the utility may not file for another five years. Page 1 of 3 Page 2 of 3 Did the Legislature Address the GRIP Statute in the Recent Legislative Session? The GRIP statute violates fundamental standards of regulatory ratemaking because it eliminates a basic aspect of fairness for ratepayers that have been part of the ratemaking process for decades. During the most recent legislative session, the Senate Business and Commerce Committee unanimously approved a bill that would have repealed the GRIP statute, largely in response to the abuses of the GRIP surcharge by Atmos Mid- Tex. However, by the end of the session, the gas utility lobby was successful in killing meaningful reform and the legislation died. It is important to start building support for legislative reform of the GRIP statute now. Issues regarding utility ratemaking and GRIP surcharges are very technical and can be difficult to effectively communicate during the heat of a legislative session. Cities can build on the effective information campaign that started in the recent session that recently concluded and prepare for the next session by communicating with the legislators about this GRIP filing. The Executive Committee has recommended that ACSC members adopt a resolution supporting legislative changes to protect natural gas ratepayers and opposing GRIP surcharges. This denial resolution includes that information and will be forwarded to the City's legislative delegation. Observations on the Filing Pursuant to its statutory authority, the City suspended the effective date of the Company's surcharge request to evaluate the filing, determine whether the filing complies with law, and if unlawful, to determine what further strategy to pursue. Review of the Company's surcharge request is particularly important given that the City, as part of the Atmos Cities Steering Committee, initiated a rate case (GUD No. 9670) in which the Railroad Commission determined that Atmos had included inappropriate expenditures in its previous GRIP surcharges for rate years 2003, 2004, and 2005. But for the investigation by the Cities, through ACSC, the impropriety of these expenditures and of their inclusion in the GRIP surcharges, would not have been exposed, and the refund of$2.5 million would not have been ordered. ACSC's rate consultant, Karl Nalepa, has identified approximately $3.4 million in expenses included in the 2006 GRIP surcharge request that are inconsistent with the statute and/or the Railroad Commission's order in GUD 9670. For example, the Company's surcharge request is based in part on inappropriate expenses related to furniture and office fixtures. The Commission excluded furniture expenses from the Atmos Mid-Tex GRIP surcharge in GUD 9670. The Company acknowledges this and has removed some of the furniture and fixture expense from the current filing. The filing offers no explanation why any furniture or fixture expense remains part of the GRIP surcharge. In addition, Mr. Nalepa has also identified expenses included in this surcharge request that occurred prior to 2006, and are thus ineligible for inclusion in the 2006 GRIP surcharge. Finally, Atmos Mid-Tex has just received a rate increase of approximately $5 million and should be collecting sufficient revenues to earn its allowed return without the necessity for a surcharge to recover incremental investment. NOTE: IT IS CRITICAL THAT ALL CITIES PASS THE RESOLUTION TO DENY ON OR BEFORE SEPTEMBER 13, 2007. Explanation of`Be It Resolved"Paragraphs: 1. This paragraph sets out the finding that the Company's request is unreasonable, and inconsistent with Railroad Commission precedent and the statute. Page 3 of 3 2. This paragraph provides for an immediate effective date. 3. This paragraph states the City's support for legislative reform of the GRIP statute to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change in invested capital. 4. The paragraph requests the City's legislative delegation to support legislation in the 81st Regular Session of the Texas Legislature that would reform the GRIP statute to ensure fairness for ratepayers and eliminate piecemeal recovery for any change to invested capital. 5. This paragraph cites conformance with the Open Meetings Act. 6. This paragraph directs that a copy of the signed ordinance be sent to a representative of the Company and a representative of the coalition of cities. Approved By Initial Date Department Director MM 8/22/07 City Manager 433 I Cr) RESOLUTION NO. 2007-25(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP STATUTE, FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR NOTICE OF THIS RESOLUTION TO ATMOS ENERGY CORP., MID-TEX DIVISION AND THE CITY'S LEGISLATIVE DELEGATION. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") on or about May 31, 2007, proposing to implement interim rate adjustments ("GRIP rate increases"), pursuant to Texas Utilities Code § 104.301, on all customers served by Atmos Mid-Tex, effective July 30, 2007; and WHEREAS, the Gas Reliability Infrastructure Program (GRIP) statute approved in the 2003 Regular Session of the 78th Legislature changes 100 years of Texas law and allows a natural gas utility to implement annual surcharges for increases in investment without having to account for the offsetting decreases in costs or increases in revenue experienced by the utility; and WHEREAS, Texas is the only state out of the twelve states served by Atmos that has a GRIP statute that allows for piecemeal recovery for any change to invested capital; and WHEREAS,Atmos has implemented four GRIP surcharges and collected more than $20 million in GRIP surcharges from customers since the utility acquired the TXU Gas system in 2004; WHEREAS, the City supports the statutory reform of the GRIP statute to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change to invested capital; and WHEREAS, Atmos Mid-Tex was recently granted a rate increase as a result of its filing in GUD No. 9670, in which the Final Order was only signed on March 29, 2007; and WHEREAS, in GUD No. 9670, it was determined that Atmos Mid-Tex had inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003, 2004, and 2005; and Resolution No.2007-25(R) Atmos GRIP denial 2557\02\res070807kpd 1 WHEREAS, the City, as a regulatory authority, suspended the July 30, 2007, effective date to examine this latest GRIP filing to determine its compliance with the Texas Utilities Code and Railroad Commission final order in the most recent Atmos Mid-Tex rate case; and WHEREAS, the City has joined with other cities to review the Company's filing, said coalition being known as Atmos Cities Steering Committee ("ACSC"); WHEREAS, the consultant hired by Steering Committee has reviewed the GRIP surcharge application and has issued a final report finding that the Company has included millions of dollars of expenses in the current GRIP surcharge that are inconsistent with the Texas Utilities Code and Railroad Commission final order in the most recent Atmos Mid-Tex rate case and not related to ensuring the safety and reliability of the system; WHEREAS, counsel for the Steering Committee, upon review of the Company's filing and the consultant's report, recommends finding that the Company's proposal is unjustified and unreasonable; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That the Company's GRIP rate increase request is found to be unreasonable and inconsistent with the Texas Utilities Code and Railroad Commission final order in GUD 9670, Atmos Mid-Tex most recent rate case, and is therefore denied in all respects. SECTION 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 3. That the City hereby advocates statutory reform of the Texas GRIP statute to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change to invested recovery. SECTION 4. That the City calls upon its state representatives and senator to support legislation in the 81st Regular Session of the Texas Legislature that would reform the Texas GRIP statute to ensure fairness for ratepayers and eliminate piecemeal recovery for any changes to invested capital. SECTION 5. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Resolution No.2007-25(R) Atmos GRIP denial 2557\02\res070807kpd 2 SECTION 6. A copy of this Resolution, constituting final action on the Company's application,be forwarded to the following: Charles R. Yarbrough, II Atmos Energy Corporation 5420 LBJ Freeway, Suite 1800 Dallas, Texas 75240 Lloyd Gosselink Blevins Rochelle &Townsend c/o Geoffrey Gay P.O. Box 1725 Austin, Texas 78767-1725. SECTION 7. A copy of the resolution shall be sent to the elected lawmakers representing the City's interests in the Texas House and Senate. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 28th day of August, 2007. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-25(R) Atmos GRIP denial 2557\02\res070807kpd 3 CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) City 1. Abilene 2. Addison 3. Allen 4. Alvarado 5. Angus 6. Arlington 7. Bedford 8. Bellmead 9. Benbrook 10. Blue Ridge 11. Bowie 12. Boyd 13. Bridgeport 14. Brownwood 15. Burkburnett 16. Burleson 17. Carrollton 18. Cedar Hill 19. Celeste 20. Celina 21. Cleburne 22. Clyde 23. College Station 24. Colleyville 25. Colorado City 26. Comanche 27. Coppell 28. Corinth 29. Corral City 30. Crandall 31. Crowley 32. Denison 33. DeSoto 34. Duncanville 35. Eastland 36. Edgecliff Village 37. Emory 38. Ennis 39. Everman 40. Fairview 41. Farmers Branch 42. Farmersville 43. Fate L:\Agenda Packets 2007\08-August 2007\08-28-07\070807 Suspending Cities.doc 1 CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) . ., City 44. Flower Mound 45. Forest Hill 46. Fort Worth 47. Frisco 48. Frost 49. Gainesville 50. Garland 51. Garrett 52. Grapevine 53. Haltom City 54. Harker Heights 55. Haskell 56. Haslet 57. Heath 58. Hewitt 59. Highland Park 60. Highland Village 61. Honey Grove 62. Hurst 63. Iowa Park 64. Irving 65. Justin 66. Kaufman 67. Keene 68. Keller 69. Kemp 70. Kennedale 71. Kerrville 72. Killeen 73. Krum 74. Lakeside 75. Lake Worth 76. Lancaster 77. Lewisville 78. Lincoln Park 79. Little Elm 80. Malakoff 81. Mansfield 82. McKinney 83. Mesquite 84. Midlothian 85. Murphy 86. Newark 87. Nocona L:\Agenda Packets 2007\08-August 2007\08-28-07\070807 Suspending Cities.doc 2 CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) City 88. North Richland Hills 89. Northlake 90. Ovilla 91. Palestine 92. Pantego 93. Paris 94. Pecan Hill 95. Plano 96. Pottsboro 97. Prosper 98. Red Oak 99. Richardson 101 Robinson 101 Rockwall 10 Roscoe 10 Rowlett 10, Sachse 10'4 Saginaw 10 P San Angelo 10 Seagoville 10 Sherman 10' Snyder 111 Southlake 111 Stamford 11 Stephenville 11 Sulphur Springs 11' Sweetwater 11 The Colony 11 Trophy Club 11 Tyler 11: University Park 11' Vernon 121 Waco 121 Watauga 12 Waxahachie 12 Westlake 12' Whitesboro 12-4 White Settlement 12, Wichita Falls 12 Woodway 12:' Wylie L:\Agenda Packets 2007\08-August 2007\08-28-07\070807 Suspending Cities.doc 3 7; Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: August 28, 2007 Item Number: 9 Department: Police Department (City Secretary's Use Only) Prepared By: Asst. Chief John Duscio Account Code: Date Prepared: August 21, 2007 Budgeted Amount: Exhibits: Ordinance No. 2007-28 Subject Consider, and act upon, Ordinance No. 2007-28 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 Of The Code Of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. Recommendation A motion to approve Ordinance No. 2007-28 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 Of The Code Of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. • Discussion Due to the opening of the new Wylie East High School staff is recommending a (20) miles per hour school zone on Wylie East Dr 1000'north of the intersection of Brown St. and 100' south of Brown St. and on Brown St. 100' west of the intersection of Wylie East Dr. between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days. There is not an established school zone at this time. The location of the school is in close proximity to a residential neighborhood. Pedestrian traffic will be expected and the creation of a school zone will lower vehicle speeds during peak pedestrian hours. Staff is requesting Council approve a school zone on Wylie East Drive and Brown St. The state has removed the school zone signs on 544 and Country Club in relation to Wylie High School. The reason for the removal is the presence of a traffic control device, signal, at the intersection which makes the school zone unnecessary. Staff is requesting Council approve the removal of Section 2 (3) establishing a school zone on FM 544 @ Country Club. Approved By Initial Date Department Director JD 08/21/07 City Manager )0.-7 Page 1 of 1 ORDINANCE NO. 2007-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NOS. 2004-25 AND 2007-25 AND AMENDING ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE;PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie,Texas("City Council")finds it necessary to repeal Ordinance Nos. 2004-25 and 2007-25 and amend Article IV, Section 110-133 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas (the "City"), and in the immediate vicinity of school areas,during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to repeal Ordinance Nos. 2004-25 and 2007-25 and amend Article IV, Section 110-133 of the Code of Ordinances as set forth below. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance Nos. 2004-25 and 2007-25 Repealed. Wylie Ordinance Nos.2004- 25 and 2007-25 are repealed in their entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance Nos. 2004-25 and 2007-25 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos. 2004-25 and 2007-25 occurring before the effective date of this Ordinance. Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 1 496206.v 1 SECTION 3: AMENDMENT TO ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES. Article IV, Section 110-133 of the Code of Ordinances is hereby amended to establish school zones as follows: "School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty(20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street,one hundred fifty feet(150') south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard,south one hundred fifty feet (150'). 2) Twenty(20)miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point two hundred feet(200')east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. Ordinance No.2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 2 496206.v 1 b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet(525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point five hundred fifty feet(550') north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet(400')west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road,west one hundred fifty feet (150'). k. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. 1. On Tuscalosa Drive from the intersection of Cheyenne Road,east five hundred feet (500'). m. On McCreary Road from the intersection of Riverway Lane,south one thousand feet (1000'). n. On McCreary Road from the intersection of Riverway Lane,north one thousand feet (1000'). o. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane,south one hundred fifty feet (150'). q. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'). 3) Thirty-five (35) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). b. On Country Club Road from the intersection of Park Boulevard,north one thousand feet (1000'). Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 3 496206.v1 4) Twenty(20)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Stone Road from the intersection of Ballard Street, east to one hundred feet (100') west of the intersection of John Akin Lane. b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On Kirby Street from the intersection of Birmingham,east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. 5) Twenty(20) miles per hour between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days, on the following streets: a. On Wylie East Drive to a point one thousand feet(1000')north of the intersection of Brown St. and one hundred feet(100')south of Brown St. b. On Brown St. to a point one hundred feet (100') west of the intersection of Wylie East Drive The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as amended,promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs. SECTION 4: PENALTY PROVISION. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 4 496206.v 1 SECTION 6: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection,clause or phrase hereof irrespective of the fact that any one or more sections,subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7: EFFECTIVE DATE.This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 28th day of August, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 5, 2007 Ordinance No. 2007-28 Repealing Ordinance Nos. 2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 5 496206.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 08-28-07 Item Number: 10 Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 08-17-07 Budgeted Amount: Resolution/Interlocal Exhibits: Agreement Subject Consider, and act upon, Resolution No. 2007-26(R) authorizing the Mayor to enter into an Interlocal Agreement with the City of Lucas, Texas for Animal Control Services. Recommendation A motion to approve Resolution No. 2007-26(R) authorizing the Mayor to enter into an Interlocal Agreement with the City of Lucas, Texas for Animal Control Services. Discussion The City of Lucas has approached the City of Wylie asking for animal control services. Lt. Atkison and Animal Control Supervisor, Ken Qualls, have studied the feasibility and determined that Wylie currently does have the shelter capacity and resources to render services to Lucas. Lucas has historically not generated very many animal control calls. The feasibility of providing services for Lucas may change as both Cities grow but for the next year it should not be a problem. Lucas agrees to pay Wylie $2000 dollars per month and Wylie will collect and keep all related fees per Wylie's fee schedule. The Lucas City Council has approved the Lucas Mayor to enter into the agreement with Wylie. Approved By Initial Date Department Director JB 08,/17/07 City Manager il 8 / i(o 1 Page 1 of 1 RESOLUTION NO. 2007-26(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND THE CITY OF LUCAS, TEXAS FOR ANIMAL CONTROL SERVICES. WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, for the public health and safety of its citizens, the City of Lucas desires to provide animal control services; and WHEREAS, the City of Wylie has deemed that it has the provisions to provide animal control services for the City of Lucas; and WHEREAS, the City of Wylie desires to enter into an interlocal agreement with the City of Lucas to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas an Interlocal Agreement between the City of Wylie, Texas, and the City of Lucas, Texas for animal control services for the City of Lucas. SECTION 2: The Interlocal Agreement term shall be for a period of one year from the date of the agreement. The City of Lucas may request, in writing within 60 days of initial termination, to extend the agreement for a period of one additional year. If both parties agree, the agreement may be extended for one year terms with all terms of the agreement remaining the same except that compensation may be renegotiated as needed. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie on the 28th day of August, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich,City Secretary Resolution No.2007-26(R) Interlocal Agreement with City of Lucas Animal Control Services ANIMAL CONTROL SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE AND THE CITY OF LUCAS 1. Animal Control Service Commencing on August 28, 2007 and thereafter during the term of this agreement, the City of Wylie shall provide animal control services for the City of Lucas including: A. To furnish and maintain an animal shelter for the handling of stray, impounded, surrendered or unwanted domestic animals from Lucas. Impounded animals will be held for no less than seven (7) days. The Animal Shelter will be operated and maintained per Texas Department of Health Standards. B. To keep the shelter staffed and open for the purpose of receiving domestic animals and allowing such animals to be redeemed during regular business hours as set forth by the City of Wylie. C. To respond to emergency situations such as dog bites, rabies, or severe animal abuse 24 hours a day, 7 days a week. D. To maintain telephone service for the purpose of receiving complaints and requests for service 24 hours a day, 7 days a week. E. To enforce State Laws pertaining to animals and to investigate all complaints of cruelty to animals, to file cases and testify as witnesses in subsequent trials. F. To enforce Lucas Animal and Fowl Ordinance with the exception of Section 11-2 C. ("Harboring any animal which by loud, frequent, or habitual barking, howling, yelping or other noise or action, disturbs any person of ordinary sensibility.") All citations issued in Lucas or to Lucas residents will be filed in Lucas Municipal Court. To facilitate the enforcement of Lucas ordinances, the Lucas City Council will appoint Wylie Animal Control Supervisor, Ken Qualls, as the Lucas Animal Control Officer. G. Animal Control Officers and Staff will be employed, trained and supervised by Wylie. Animal Control Officers will be licensed and certified by the State of Texas and will meet and maintain State certification and training standards. H. Wylie will furnish equipment and supplies used to perform all services. I. To impound domestic animals as needed and to redeem animals if possible and/or adopt out unwanted animals or to euthanize animals if necessary and to dispose of dead animals. 2. Fees Wylie will collect and keep all animal related fees as set forth in the Wylie Animal Ordinance, including but not limited to: impound fees, boarding fees, adoption fees, euthanasia fees, disposal fees, surrender fees, trap deposits, and registration of dangerous dogs' fees. 3. Payment of Services Lucas agrees to pay Wylie two thousand dollars ($2,000.00) per month for Animal Control Services during the term of the agreement until such time that both parties agree to an alternate sum. The payment is due at the end of the month. Animal Control Services Agreement Page 1 496485.v l 4. Complaints All complaints from Lucas residents concerning animal services shall be taken in writing by the Lucas City Administrator or his/her designee, and shall be forwarded, in writing, to the Wylie City Manager, or his/her designee. All complaints will be investigated and Wylie will forward a written response to the Lucas City Administrator. 5. Surrender of Animals Lucas residents may surrender domestic animals to the Wylie Animal Shelter while this agreement is in effect with the exception that Wylie reserves the right to refuse animals if the shelter capacity for that particular animal is full. 6. Predatory Animals Wylie does not provide services for capture or dealing with predatory, non-domestic, animals such as coyotes, mountain lions and bobcats. 7. Dispute Resolution If a dispute arises from or relates to this agreement or the breech thereof, and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle in an amicable manner by mediation or alternative dispute resolution. 8. Termination This agreement may be terminated, without cause and for convenience, by either party by serving written notice of termination with thirty (30) days notice prior to the anticipated date of termination. Wylie may terminate the notice upon one hundred and twenty (120) days written notice prior to the anticipated date of termination. If Wylie chooses to terminate the agreement, the agreement may be extended beyond 120 days, if both parties agree, to allow Lucas sufficient time to secure other animal control services. 9. Indemnification and Hold Harmless LUCAS SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES(INCLUDING LOSS OF USE),LOSSES,DEMANDS,SUITS,JUDGMENTS AND COSTS, CLAIMS RELATED TO ANIMAL CONTROL SERVICES, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF LUCAS, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR ANY OTHER THIRD PARTIES THAT ARISE OUT OF OR ARE RELATED TO THE AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF WYLIE(HEREINAFTER`CLAIMS"). LUCAS IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. Animal Control Services Agreement Page 2 496485.v1 IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY LUCAS IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF LUCAS'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF LUCAS'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. LUCAS SHALL RETAIN CITY- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF LUCAS FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND LUCAS SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 10. Zoning Regulations This agreement does not authorize or require Wylie to enforce any Lucas zoning ordinances related to animals or other. 11. Patrol Wylie will respond to calls and complaints but will not patrol the City of Lucas looking for violations except that Wylie Animal Control Officers may, at their own discretion, follow up on/check on areas where repeated complaints have been received. 12. Term of Agreement The term of agreement will be for one year from the date the agreement is entered into. Lucas may request, in writing, to extend the agreement for an additional year within sixty (60) days of the end of the agreement. Wylie will respond within 30 days of receipt of Lucas's desire to extend the agreement. If both parties agree, the agreement may be extended for one year terms with all terms of the agreement remaining the same except that compensation may be renegotiated as needed. 13. Public Information/Education Wylie may extend public information/education programs to Lucas but is not required to do so by this agreement. 14. Governmental Immunity Lucas and Wylie do not waive nor shall they be deemed to waive, any immunity or defense that would otherwise be available to them against claims arising from the exercise of governmental powers and functions. The doctrine of governmental immunity shall be (and it is by this Agreement) invoked to the extent possible under the law. Animal Control Services Agreement Page 3 496485.vl IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. City of Wylie, Texas, City of Lucas, Texas, a municipal corporation a municipal corporation By: By: John Mondy, Mayor , Date: Date: Animal Control Services Agreement Page 4 496485.v 1 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, the Mayor of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _ day of , 2007. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , the of THE CITY OF LUCAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF LUCAS, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2007. Notary Public in and for the State of Texas My Commission Expires: Animal Control Services Agreement Page 5 496485.vI Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: 08-28-07 Item Number: 11 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 08-16-07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.1974 acre located at 207 B Industrial Court and further authorizing the WEDC to enter into debt in the amount of$228,750.00. Recommendation A motion to authorize the WEDC to purchase 0.1974 acre located at 207 B Industrial Court and further authorizing the WEDC to enter into debt in the amount of$228,750.00 as per the terms of the Real Estate Sales Contract. Discussion The WEDC Board of Directors recommends that the Wylie City Council authorize the WEDC to purchase 0.1974 acre located at 207 B Industrial Court and further authorizing the WEDC to enter into debt in the amount of$228,750 as per the terms of the Real Estate Sales Contract. Attached for your review is a Real Estate Sales Contract between the WEDC and Prime Kuts Distributing, Inc. The Contract calls for the WEDC to purchase the 0.1974 acre lot, along with the 4,550 square foot facility for $228,750. Furthermore, the purchase will be owner financed over a period of one-hundred twenty months at an interest rate of 6%per annum. The purchase price is a reflection of a combined offer from the WEDC of$305,000 for the 0.1974 acre tract and the adjoining 0.114 acre tract which was previously railroad right-of-way. Martin L. Anderson, owner of Prime Kuts, owns the 0.114 acre tract as well. The purchase price for the right-of-way is 25% of$305,000 with the balance being applied to the 0.1974 acre tract which is 100% owner financed. As reflected in Article XII (o) of the Contract, the WEDC negotiated a much lesser purchase price than originally presented by allowing Prime Kuts to continue operations within its current facility for a period of 12 months at a monthly lease rate of$1.00 per month. As Mr. Anderson phases out business operations over the next 12 — 18 months, it was a preference of Mr. Anderson that the WEDC negotiate for the purchase of property owned by Mr. Anderson on Cooper Drive. Page 1 of 2 Page 2 of 2 Being that both properties fit into the redevelopment efforts initiated by the WEDC since 2005 in the areas of Industrial Court and Cooper Drive, the Board is pursuing both properties. In 2005, the WEDC initiated a proactive effort to begin redevelopment on Industrial Court via the purchase of a 0.92 acre tract at the end of the cul-de-sac. Located on the property are two, five thousand square foot buildings which the WEDC leases to local businesses. The leases will continue until which time as the area begins to redevelop with new commercial facilities. This same strategy will be utilized once Prime Kuts vacates the premises. There remains one lot between Prime Kuts and existing WEDC property which is owned by Glenn Brothers Meats. Approved By Initial Date Department Director SS 8-17-07 r� In Manager I ' 11a3(cr7 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN This Real Estate Sales Contract(this"Contract")is made by and between,PRIME KUTS DISTRIBUTING, INC.,207-B Industrial Court,Wylie,Texas 75098 ("Seller"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended, ("Purchaser"),upon the terms and conditions set forth herein. ARTICLE I. 1.01. Seller hereby sells and agrees to convey by Special Warranty Deed(the"Deed"), and Purchaser hereby purchases and agrees to pay for,that certain real estate, and any improvements located thereon,being approximately 0.1974 acre of property,more or less, located in the City of Wylie, Collin County,Texas,more commonly known as Railroad Industrial Park, Lot 4 as depicted in the attached Exhibit A(the"Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular, the rights and appurtenances pertaining to the property,including any right,title and interest of Seller in and to adjacent streets,roads,alleys or rights-of-way, and including any right, title and interest of Seller in all oil, gas and other minerals,together with any improvements, fixtures,and personal property situated on and attached to the property,(all of such real property, rights,and appurtenances being hereinafter collectively referred to as the"Property"), for the consideration and upon the terms and conditions hereinafter set forth. REAL ESTATE SALES CONTRACT-Page 1 of 14 ARTICLE II. PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price(herein called the"Purchase Price") for said Property shall be the sum of TWO HUNDRED TWENTY EIGHT THOUSAND SEVEN HUNDRED FIFTY AND NO/100ms DOLLARS ($228,750.00). Payment of Purchase Price 2.02. Seller agrees to finance TWO HUNDRED TWENTY EIGHT THOUSAND SEVEN HUNDRED FIFTY AND NO/100THs DOLLARS ($228,750.00) at an interest rate of SIX PERCENT(6%)per annum over a period of ONE HUNDRED TWENTY (120)months. ARTICLE III. PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within twenty(20)days after the execution date of this Contract,Seller,at Seller's sole cost and expense,shall have caused Commonwealth Land Title(Baron Cook), 108 B, W. Marble,Wylie,Texas 75098 (the"Title Company")to issue a preliminary title commitment(the"Title Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements,rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. REAL ESTATE SALES CONTRACT-Page 2 of 14 Survey 3.03. Within twenty(20) days after the execution of this Contract, Seller shall, at Purchaser's sole cost and expense,cause to be delivered to Purchaser a current plat of survey ("Survey")of the Property,prepared by a licensed Texas surveyor acceptable to the Purchaser. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception at the Purchaser's expense(except as to "shortages in area")from the Owner's Title Policy to be issued by the Title Company, and shall be certified to the Purchaser and the title company. The Survey shall comply with the requirements of the Texas Surveyor's Association for a Category IA Condition II Survey and shall contain a certificate and such other information as Purchaser may reasonably request. The Survey shall be staked on the ground,and the plat shall show the location of all improvements, highways, streets, roads,railroads,rivers,creeks, or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements, and rights-of-way on or adjacent to the Property and shall set forth the number of total number of acres and square feet comprising the Property. Review Period 3.04. Purchaser shall have ten(10) days(the"Review Period") after Purchaser's receipt of the later of the Survey,Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"),and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser,but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances, the lien for current taxes,restrictive covenants affecting the Property and any items not objected to timely by Purchaser shall hereinafter be REAL ESTATE SALES CONTRACT-Page 3 of 14 deemed to be permitted exceptions(the"Permitted Exceptions") and Purchaser shall not be entitled to object to the status of title,the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained in the Objection Notice within ten(10)days after receipt of same, Purchaser may,by written notice delivered within five(5) days thereafter, terminate this Contract and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Feasibility Period 3.05. Purchaser shall have a period of sixty(60) calendar days commencing on the effective date of this Contract within which to inspect the Property and determine if the same is suitable for Purchaser's intended use(the"Feasibility Period"). In connection therewith, Seller agrees that within ten(10) days of the Effective Date hereof, Seller shall provide Purchaser,to the extent they exist and are in Seller's possession, with all engineering reports and environmental reports pertaining to any part or all of the Property. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property,such determination to be made in Purchaser's sole and absolute discretion,then this Contract shall terminate and all earnest money heretofore delivered by Purchaser to Title Company, save and except the sum of$500.00 which shall be considered non-refundable option money, shall be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract,this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary; provided,that Purchaser shall indemnify and hold harmless Seller from all claims, actions or causes of action which might REAL ESTATE SALES CONTRACT-Page 4 of 14 occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's occupation. ARTICLE IV. CLOSING 4.01. The Closing shall be at the law offices of the Title Company, thirty(30) days following the expiration of the Feasibility Period(which date is herein referred to as the"Closing . Date"). 4.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions,except for the following: (1) General real estate taxes for the year of closing; (2) Any exceptions approved or waived by Purchaser pursuant to this Contract;and (3) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser, at Seller's sole cost and expense, a Texas Owner's Title Policy issued by the Title Company,in Purchaser's favor in the full amount of the Purchase Price,insuring Purchaser's fee simple title to the Property,subject only to those title exceptions listed in this Contract,such other exceptions as may be approved in writing by Purchaser or waived by Purchaser, and the standard printed exceptions REAL ESTATE SALES CONTRACT-Page 5 of 14 contained in the usual form of Texas Owner's Title Policy containing a survey exception deletion, except as to shortages in area. (c) Deliver to Purchaser possession of the Property. 4.03. At the Closing,Purchaser shall deliver to Seller the cash portion of the Purchase Price. All state, county, and municipal taxes for the then current year relating to the Property, if any,shall be prorated as of the Closing Date. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value,the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition,the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 4.04. Each party shall pay any attorney's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract,or if the Contract is silent, as is usual and customary for real estate transactions in Collin County,Texas. REAL ESTATE SALES CONTRACT-Page 6 of 14 ARTICLE V. REAL ESTATE COMMISSIONS 5.01 It is expressly understood and agreed that the no real estate brokers have been involved in the negotiation and consummation of this Contract. ARTICLE VI. ESCROW DEPOSIT 6.01. Upon the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and-provisions of this Contract, Purchaser shall deliver to the Title Company,funds in the amount of$5,000.00 as the Escrow Deposit which shall apply toward the Purchase Price at closing. Notwithstanding anything to the contrary herein, $500.00 of the Escrow Deposit shall be non-refundable and shall constitute independent consideration for Seller's performance under this Contract. ARTICLE VII. CASUALTY 7.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing,the improvement or improvements on the Property shall be damaged or • destroyed by fire or other casualty,Purchaser may either terminate this Contract by written notice to Seller or close. If Purchaser elects to close, despite said damage or destruction,there shall be no reduction in the Purchase Price,and Seller shall assign to Purchaser Seller's right,title and interest in and to all insurance proceeds,if any, resulting or to result from said damage or destruction. REAL ESTATE SALES CONTRACT-Page 7 of 14 ARTICLE VIII. REPRESENTATIONS 8.01. As a material inducement to the Seller and Purchaser to execute and perform its obligations under this Contract,the Seller hereby represents and warrants to the Purchaser as of the date of the execution of this Contract, and through the date of the Closing, as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge,there are no actions,suits, or proceedings (including condemnation)pending or threatened against the Property, at law or in equity or before any federal, state,municipal, or other government agency or instrumentality,domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation, claims, condemnations, or sales in lieu thereof, contracts of sale,options to purchase or rights of first refusal with respect to any aspect of the Property,nor have any such actions, suits, proceedings,claims or other such other matters been threatened or asserted. (e) Seller has no knowledge of any violation of any ordinance,regulation, law or statute of any government agency or instrumentality pertaining to the Property or any portion thereof which has not been complied with. (f) Seller shall not transfer,convey,mortgage,encumber, lease or otherwise assign or dispose of the Property,nor any interest therein,without the express written consent of the Purchaser, nor shall Seller cause, create or allow any lien, claim or encumbrance, of any kind or character,voluntarily or involuntarily,to be placed upon the Property,or any interest therein. (g) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right,power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract,the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment, order or decree of any REAL ESTATE SALES CONTRACT-Page 8 of 14 court having jurisdiction over Seller or the Property. (h) Seller is not a"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (i) To the best of Seller's knowledge,the Property is free from and/or has not been used for(i)the storage,holding, existence,manufacture,release,treatment, abatement,removal,disposition,handling,transportation,or disposal of any Hazardous Materials,from,under, into or on the Property or(ii)the existence of any"Endangered Species"on the Property. "Hazardous Materials"shall mean(i) any"hazardous waste"as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.),as amended from time to time, and regulations promulgated thereunder; (ii) any"hazardous substance"as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.)("CERLA"), as amended from time to time, and the regulations promulgated thereunder; (iii) any petroleum-based products; (iv)any substance which by any Governmental Requirements requires special handling or notification of any federal, state or local governmental entity in its collection, storage,treatment, or disposal; and(iv) any other substances which are now classified or considered to be hazardous or toxic under Governmental Requirements. "Endangered Species"shall mean any species which is described pursuant to the U.S. Endangered Species Act of 1973,as being in danger of extinction throughout all or a significant portion of its range. ARTICLE IX. BREACH BY SELLER 9.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default,Purchaser may obtain the return of the Escrow Deposit as liquidated damages or pursue specific performance,as its sole and exclusive remedies. ARTICLE X. BREACH BY PURCHASER 10.01. In the event Purchaser should fail to consummate the purchase of the Property,the conditions to Purchaser's obligations set forth in this Contract having been satisfied, and REAL ESTATE SALES CONTRACT-Page 9 of 14 Purchaser being in default and Seller not being in default hereunder, Seller may receive the Escrow Deposit as liquidated damages as its sole and exclusive remedy. ARTICLE XI. 1031 EXCHANGE 11.01. The parties agree to cooperate with each other to allow the Seller,at no expense to the Purchaser,to complete a 1031 tax free exchange with the closing of this transaction. ARTICLE XII. MISCELLANEOUS Survival of Covenants (a) Any of the representations,warranties,covenants and agreements of the parties,as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail,postage prepaid, certified mail,return receipt requested,addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in • Collin County,Texas. REAL ESTATE SALES CONTRACT-Page 10 of 14 Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators,legal representatives, successors and assigns where permitted by this Contract. Nondisclosure (e) Neither party shall disclose to any person or entity the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid,illegal, or unenforceable in any respect, such invalidity,illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. REAL ESTATE SALES CONTRACT-Page 11 of 14 Attornev's Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural,and vice versa, unless the context requires otherwise. Memorandum of Contract (k) Upon the request of either party,both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act,Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance. Effective Date of Contract (m) The term"effective date of this Contract"as used herein shall mean the later of the two (2)dates on which this Contract is fully signed by Seller or Purchaser,as indicated by their signatures below,which later date shall be the date of final execution and agreement by the parties. REAL ESTATE SALES CONTRACT-Page 12 of 14 Counterparts/Facsimile (n) This Agreement may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. Lease Back Provisions (o) At the time of closing, Seller and Purchaser agree to enter into a Commercial Lease Agreement,within which terms will include but not be limited to,a monthly lease rate of$1.00 per month for a period of twelve(12)months. [SIGNATURES ON FOLLOWING PAGE] REAL ESTATE SALES CONTRACT-Page 13 of 14 Executed on the dates set forth at the signatures of the parties hereto. SELLER: BY: \)i,C14/ Martin L. Anderson, Owner Date Executed: - PURCHASER: WYLIE ECONOMIC DEVELOPMENT CORPORATION,a Texas corporation By: 121 ' vk Samuel D.R. Satterwhite, Executive Director Date Executed: "7'•A?'-er? TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the Earnest Money on and accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: COMMONWEALTH LAND TITLE BY: PRINTED NAME: TITLE: ADDRESS: Telephone Fax PREPARED IN THE LAW OFFICE OF: Abernathy,Roeder,Boyd&Joplin, P.C. 1700 Redbud, Suite 300 McKinney,Texas 75069 214.544.4000 214.544.4044(fax) ::ODMA\PCDOCS\ARBJ\402304\I REAL ESTATE SALES CONTRACT-Page 14 of 14 i•• •1MM i•w'[.,•.Inn••• •.I•.a 'Z"8/t/ fre.10111 w Iti' 1.•-.NI•• ../•.. Mt.f.I.(/pi.II 9awNANOR 110NWItO 11 AarVN `.:.1•w.•.•.. a11.•1•11 1.1.. .N••311,' 1•[n� f1.�'^ Iw..••rl» il.o.i:(1 J •' In•afr.••w1..•in/no III In.4•n.P•.n nu..•»N••PI.•.•••...In•»1.4 11•'9.1n N.•NI• SYX31 ' A1N1103 N11100 Nw..N•n.I.iInH1 WWI N•a•1“•un In NN•N•••nit Mon•••w•w 311AM 40 A110 w�.•wl1.�•• Kt •N r••.•t.N 1..•n'1.... l .pi'"'Npill,"Mr1....nn w n••n T• 4 N An•n N..n• WI MtN K H n1•In/I•Mn/1 029 'ON 1591/ A3AN0S A813NS '9'5 n:woo P•014•19.03/1•nM•.V.••nn M N UM..•.N..1• .1 AYYl 7V/&ISIJON/ C O/7/PI/ \ •,< ��t�'�•N Cc.It' ... lrle 1YNId �' -fl7'- w +.. • ten h• a� t1.111 Myra 7•.1p" �...y- ,....t..•N1.•.I. 164 ;:i •.CO :h •• ? '01 •.. ..•••y n M .II` lj 1'11 lit•nnf N 1.N M.•••r Mn P.O ,Or •��N -R .Y.. N'f .b icl tn.count n.wr� 13 \11..tw.ln..."""r..'.+«•:.'�•w'�'wl''.". I ."•ai..ww i�wwM (Ma i nl.• 4N ...•• t. ~••••1 N aHi.••1•Y M•I•.1...An.•YI »n.unr on N*WA •ni 1 •�'0° 1r. In .-, b \ �. 1h..On W.•••••I 1.». N•••" w1•b1 On...nun n non. ~ 1YI02 3,p=.K'�•s i , .w I n.•rt Han.• Nr• a.w••w ZC•C0i1 • ~ ...p.p..,•.wa..r a�•1•w w1 NIa•.t Nw».»1 1.1 man MOM I ,HYLI 9.0>r .......„ .. .. .. .%", ... Y • wit••M!N A.IM M.w.•••w MIS \ •• r1 ' tk < 4 • '+�. Yy\o�sJ.. d .1 + ..l ••I YNW ••/ rAr- .(f. e. .. O 7/ �`4b3.•9v�, "-. t goy cln4+n..I•n!•'�0.45111.I1n Y n w.i �n Y••.N•iw•.'1a� e.*Ninon. niw"i M \ .l.b . yy \ '•� •.•/ » y\ \ I n 4 1.a•we.r yiw w N.I.I..11 w �l • } • N r �.:i^ ,r• 'NO...• i •w.wn«..4...wr w.y.e.t 11N h.i w s n.�"w•n•. r.n I r•Id.r..•.u.1{II.1.•N•w n r /.•..w1•a•.•...••... /wn14•.a a••w•.1r•wlw[. •N:IN aaa A:"0 "!.1t M WM Ww.•.•.• •=r.N N \ ACCO1 • 1 I\ `••1'.�I.• n I. In P..nno I.••r•N WY...U.nA •IW/CC • 2 ``�Ow[•.•M n111N iww M ' X..w•w NI•IW Wn11w 1.Iw I.•w w••wrw w•.• \ =••»wa.'.•.a'..-.l.an11"•"w."MMcl ru v'Rp.1•N1WO 1. MO.MPal flit••"'•• .11 IC 11 • t •• M ••w N1 M.Ww Mr.nw.[..n tr W•••IN1 TW..•1.1.»I•tM •it..p.tl • O y a' ,+ .Intl.In4 P.W•N M..M.O.'a« d`�f " _ / : O' •.\ w.ww n.�:w.rona..uvw•ina..wx • •� • *.....ww•••w•••1.1 N. ....••1..1.awr w•....'no. \�f W»••�i dam• ...• • .•••$n•r•w IW Mw1..•w.•.N•.1.•a...at Jo11w{•b.. I ••..1.•t.•n Win N.at.N••.••t•....M tt.•dtl \ I••'• •1.»•.a I. n:N• \ an\ .nuyn•an•• w•1''•l.NII'4•N..•►x.t /. ww • 1, + 1' r..b•• ••• •• .•{.n r..�w••4 r•..NN••wn...Mw broil w....w.•:' \� r Inn t•w•rM.I1.y.N ••.•...or."'• =,N•M•.N w..•.,».N dt N bw 1•.•..•.4;: a.wy.••�sn••� � arn.•..:H.ww.I•rM an•w n•NlN 1-.n MI nw.N»•w•W'one,w J..N n••••N..l •••f •N•1."- w^is»r.n r1..•N Nl N•. .-w:ti.•4•. n n r..:•.••.,•{...} w..w•.•..1•y.•{1.•.•w»a ry•b.•r nr.t -.rbw•..,.•.ww.N....•.•..=b'MN 1.•..y y•Iw{I --, �\ .NM••rr�Nfl••••I."i••••M'a n'IW N.M.0»•»•nabl clu......1••••••n n••pr..n bun.,• M./.141 II.•inni .....1 e -41 \ .•..N>M.•...n In..4'n1.....14..•••b.tl..4.44 non*INN. (wa'•M 1 a7"1.eW'..•1NN H W l M.-N•.Ir•a1t.Nwaln a»nN w.1 Iw, xM. I+Nw.v..nn..rl.aw Wrlt.d.wn N WI 'tW. "i�'r.nwl 1iY1 h`i•wRti 'y i li YI 1.1 .•IrrNN 01 G.M•.•..•n Pc Munn •1i^a.9•y .••'put.I. •N./.Ni.k•••M �'�1.. C yw••• an•W'N...1•I w.►.a••w1»a•My..+I*n N...•a Hi•n 4•N aM w.•y'/owl w110•MIR!••41••t♦.+...N•.ye•now•irN .' /^�� '{M...ewn wl•••.•..N..••til••.won1•.b.N.'4•`0.•ien. It•1•I '.1 / N 1Nit./t..t- �alllnN1ennt 9Z;t i;. izll't•1 af�j'0 't R PRECISE LAND SURVEYING, INC. SCALE: 1"_20' w-© a 18601 LBJ FREEWAY, SUITE 520 MESQUITE, TEXAS 75150 DATE: 8/7/96 s (214) 681-7072 JOB it: 98-2340 TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: ''is is to certify that. I have, this date, made a careful and accurate survey on ground of property located at. 207 INDUSTRIAL COURT in the: .•ity of WYLIE. , Texas, described as follows: LOT a, OF RAILROAD INDUSTRIAL PARK. AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME C, PAGE 748, OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS. THIS PROPERTY IS NOT LOCATED IN A 100-YEAR FLOOD PLAIN ACCORDING TO THE FLOOD PLAIN MAP OF THE CITY OF WYLIE COMMUNITY PANEL NO. 480759 0470 G MAP DATED 1/19/96 (ZONE "X'1. TO THE REST OF MY KNOWLEDGE TILE FOLLOWING EASEMENTS DO NOT AFFECT THIS PROPERTY: 1. GULF REFINING CO. EASEMENT, VOLUME 308, PAGE 110, D.R.C.C.T. ATCHISOAr TOI'LICfI 1/2" IRF noo' R.w.1 SANTA FL' Rini -`-- S43.48'00 "W 8 TA ' /` 1/2" IRF . • lJ PORTABLE-` )—,` 7.5' STOR. ,�• - /, . UTILITY -1.9• EASEMENT • 0 . 35.3' 12.8�� a 4 34.8' - `� a. CO N 'I CV ix LOT 3 • ( Q ¢ ' SINGLE STORY LOT 5 0.6' WIDE CONC. CURB ▪ .... BRICK BUILDING bea Cr,) I o LOT 4 r h N 207 INDUSTRIAL COURT U O4' 0) vn E.M. C) R 03 (/) 12. 1 o� ��ili 20_BLDG. LINE- 70.1•-- -'— •• - - - - • PARKING LOT 0 I . . • N 351.80' TO 1/2" IRF 4 1/2" IRF BIRMINGHAM STREE —�. I • I T R-162.3.68' L=85.09' INDUSTRIAL COURT lsO R.o.w.i THIS SURVEY IS VALID ONLY WITH ORIGINAL •• BEARINGS ARE BASED ON PLAT. SIGNATURE IN BLACK INK •• MONUMENTS FOUND OR SET ARE WITNESSES TO THE RECORDED PLAT CORNERS. The plat hereon is o representation of on on the ground Survey as dated thereahove, the lines and dimensions of said property being as Indicated by the plat; the size; location, and type of buildings d rp�'ementa are as shown. all improvements being within the boundaries of the property set beck from prop .r eaithu- nets i•••licated, all easements and other matters of record of which I have been advised are as show y�9tISTEf,C';14� .e •. o,s' .tE ARE NO.ENCROACHMENTS. CONFLICTS OR PROTRUSIONS, EXCEPT AS SHOWN. it : This survey was performed in connection with the REGISTERED PROFESSION. - ROh1At_0 D SYIt;H transaction described in GP NO. 98101280C LAND S EYOOr of COMMONWEALTH LAND Title Co. Use of thus ,-op 41,}.4q. P�/Q. survey (or any other purpuas or by any other parties / -4. kp•j.0F O •f C) shall be at their own risk end the undersigned is not •45•.P951,_�-L responsible to others for any loss resulting therefrom. Ronald D. Smith R.P.L.S. No. 494, S`tif{\ ' • PT_c ._, . 1...J6C!21 Pi 4:26 gg,'Oatt.1,:)' OE/VrY rAVIT...1:4',..:n.=.17•V'Ttn.e.ritii..7.:4:4::Z,:liti:7' !---2--;=—_ \ i.'';r11,•:;!;.F.t.:1°.;!:*1 F,•::i:;!:".F.`'iTiF;i:F.::::::‘47,..:74.1:..i'an•• "" -"" It” .• ,,, N., . ., --:'-'-':- St,114.,...Mg ALI Mr.7 TICE PRISM C.' 'P 2 a • nom'49. 1.4:raLEintirliE!.:.r.niii,treet:::'CIF.nr:Ir.1...7•21.rg,.• Fr • I988.68' T • 359 as' g.ort•T:=4",.'42•:".e.'alEi.157•4;r:r.:::iiiii:::14:ir:t" e ' ' L • 703 78' ....,„:„...„.... _.. ' --- .." \ ',.N/4.',‘",.....' •. ..'....,.... . ' ' N , ••, 000, • '90,'-; t •I 1 6•41—....,L.7...:17;::::.Z7I,gr g..""",,':"'!'" tei9etyl‘'. -- ' %. '..o. • , 4 -9( ,i; ,. 6r() ...o . • -. cct,.. °'.--, .4'• ",... r....-:...n-.4-- ,, , .... ----- ,- so -s- ,s., •,'• '9,_-ro . .<•-•__ *„.. /,::.•° '''.. 1111hati° Sla1R701,5 LI.11.14412 .-' . ,*eg:I . ••,. • \ . ---- 4464 ALl MY.7.7.11Eff PAM,„. S.03•3240%. a• s 03•32 01.ar'20'E 2 *' in.Worlpitu I .:''PiCi;W.If (40'80W) rRgEr ". ..a INGHA-, ---- ACOMY0.0 id••••••1714. , _...---". yo,,,,._,,,. ,.-- •.,. : Zn:!. :',..:':. ::::°r. o4g6° 9-44 --LtPI-3------ al\----- '''''''. ,,,.. .1-:4,P,' S....„.... C 4 i 30 OW / FINAL PLAT . .1. i• \ RA/LROAD /NDUSTR/AL PARK S.8 SHELBY SURVEY ABST NO. 820 le ; r.E: :: CITY OF WYLIE COLLIN COUNTY TEXAS .' MARRY B.CARROLL SURVEYORS r;.'-:,.,::.'....; kr.*1 1 i i 1 1 1 1• • '• .. ' r -r. Leai.a. .‘6.1. 'F.-• „.....„_,,,. .--,.%,;,,,,,....... ,.,_ _---- . 4a.A.\... 1 • •.: t.....P. • f k., • g 7 • to * ?..... I.. k-.... • . , . c. 7 ,I. . • sy oi.'zo" •:. ..„..,...., •, ,,, Irwur qr. art.., iii . , ,.... t ''..- -r• ...... ,..-.,t. K.....a R i‘,..."' k.....",' .4....4n' .....o0 per r)r•.1 v 4.. (040:) ,k • - L., ......... ....... ......tv, w I ta, ... • c• ;. • ''... ,„,..4: '':.N7:,..,,N,., • )• •....'' 11 ' ' --------4,•••• ...., '''''';.' 4: '.4,....—77---- " 1 , . • L • , -,! ....,_ . . e . ....: . de _ I • i ..." doe __. _____________ ,•--_______/ ' . _-- • .-___.___. - • ••• _. +1,,.. ./ • 4r , .... t 4" 1•7‘/ Aq', - . • > . Geof , - • 0 il (P? L T 401" Vt.,,...-...L ',0 (1, •,,, .c•-•?.., 47 . .1. . Old 7 / ." Fla OP .. . rt•• Roa..1 WYLIE INDUSTRIAL PARK ._. . . z/z/ . . Larry C_oz.par ' Da.s.1.2.1,3 par_ „... ltoo LI, Fiiiin St. CaarVar.d , "Tz.NLaa 7. Thorne.% AA. Z.ars 1 Er.5..-........t.r.Coos v.1. Coarland Auk. c=it,..\1.,-,d , -ra.,...as _ • Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 08-28-07 Item Number: 12 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 08-16-07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.114 acre at 207- B Industrial Court. Recommendation A motion to authorize the WEDC to purchase 0.114 acre located at 207-B Industrial Court as per the terms of the Real Estate Sales Contract. Discussion The WEDC Board of Directors recommends that the Wylie City Council authorize the WEDC to purchase 0.114 acre located at 207-B Industrial Court as per the terms of the Real Estate Sales Contract. Mr. Martin L. Anderson purchased excess railroad right-of-way from Collin County in April 2003. The 0.114 acre tract fronts the Prime Kuts site which the WEDC has proposed purchasing. Attached for your review is a Real Estate Sales Contract between the WEDC and Mr. Anderson with a purchase price of$76,250 payable in all cash at closing. As mentioned in the previous Agenda Item, the purchase for this tract represents 25% of the total purchase price for both tracts. 100% of the cash at closing was shifted to the `right-of-way tract' at the request of Mr. Anderson for tax purposes being that Mr. Anderson owns this tract personally and not part of his business. Approved By Initial Date Department Director SS 8-17-07 City Manager Page 1 of 1 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN This Real Estate Sales Contract(this"Contract")is made by and between,MARTIN L. ANDERSON,207-B Industrial Court,Wylie,Texas 75098 ("Seller"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION,a Texas corporation organized and existing under the Development Corporation Act of 1979,as amended, ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I. 1.01. Seller hereby sells and agrees to convey by Special Warranty Deed(the"Deed"), and Purchaser hereby purchases and agrees to pay for,that certain real estate, and any improvements located thereon,being approximately 0.114 acres of property,more or less, located in the City of Wylie,Collin County,Texas, as depicted in the attached Exhibit A(the "Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for,all and singular,the rights and appurtenances pertaining to the property,including any right,title and interest of Seller in and to adjacent streets,roads, alleys or rights-of-way,and including any right, title and interest of Seller in all oil, gas and other minerals, together with any improvements, fixtures,and personal property situated on and attached to the property, (all of such real property, rights, and appurtenances being hereinafter collectively referred to as the"Property"), for the consideration and upon the terms and conditions hereinafter set forth. REAL ESTATE SALES CONTRACT-Page 1 of 15 ARTICLE IL PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price(herein called the"Purchase Price") for said Property shall be the sum of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 s DOLLARS ($76,250.00). Payment of Purchase Price 2.02. Purchase agrees to pay SEVENTY SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($76,250.00) all cash at closing. ARTICLE III. PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions(any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within twenty(20) days after the execution date of this Contract,Seller, at Seller's sole cost and expense, shall have caused Commonwealth Land Title(Baron Cook), 108 B,W.Marble,Wylie,Texas 75098 (the"Title Company")to issue a preliminary title commitment(the"Title Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements,rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. REAL ESTATE SALES CONTRACT-Page 2 of 15 Survey 3.03. Within twenty(20)days after the execution of this Contract, Seller shall, at Purchaser's sole cost and expense, cause to be delivered to Purchaser a current plat of survey ("Survey")of the Property,prepared by a licensed Texas surveyor acceptable to the Purchaser. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception at the Purchaser's expense(except as to"shortages in area") from the Owner's Title Policy to be issued by the Title Company, and shall be certified to the Purchaser and the title company. The Survey shall comply with the requirements of the Texas Surveyor's Association for a Category lA Condition II Survey and shall contain a certificate and such other information as Purchaser may reasonably request. The Survey shall be staked on the ground,and the plat shall show the location of all improvements, highways, streets, roads,railroads,rivers, creeks,or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements, and rights-of-way on or adjacent to the Property and shall set forth the number of total number of acres and square feet comprising the Property. Review Period 3,04. Purchaser shall have ten(10) days(the"Review Period") after Purchaser's receipt of the later of the Survey,Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser,but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances,the lien for current taxes,restrictive covenants affecting the Property and any items not objected to timely by Purchaser shall hereinafter be REAL ESTATE SALES CONTRACT-Page 3 of 15 deemed to be permitted exceptions (the"Permitted Exceptions")and Purchaser shall not be entitled to object to the status of title,the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained in the Objection Notice within ten(10)days after receipt of same, Purchaser may,by written notice delivered within five(5)days thereafter, terminate this Contract and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Feasibility Period 3.05. Purchaser shall have a period of sixty(60)calendar days commencing on the effective date of this Contract within which to inspect the Property and determine if the same is suitable for Purchaser's intended use(the"Feasibility Period"). In connection therewith, Seller agrees that within ten(10) days of the Effective Date hereof, Seller shall provide Purchaser,to the extent they exist and are in Seller's possession,with all engineering reports and environmental reports pertaining to any part or all of the Property. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion,then this Contract shall terminate and all earnest money heretofore delivered by Purchaser to Title Company, save and except the sum of$500.00 which shall be considered non-refundable option money, shall be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract,this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary; provided,that Purchaser shall indemnify and hold harmless Seller from all claims,actions or causes of action which might REAL ESTATE SALES CONTRACT-Page 4 of 15 occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's occupation. ARTICLE IV. CLOSING 4.01. The Closing shall be at the law offices of the Title Company,thirty(30)days following the expiration of the Feasibility Period (which date is herein referred to as the"Closing Date"). 4.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (1) General real estate taxes for the year of closing; (2) Any exceptions approved or waived by Purchaser pursuant to this Contract; and (3) Any exceptions approved by Purchaser in.writing. (b) Deliver to Purchaser, at Seller's sole cost and expense, a Texas Owner's Title Policy issued by the Title Company,in Purchaser's favor in the full amount of the Purchase Price,insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract,such other exceptions as may be approved in writing by Purchaser or waived by Purchaser, and the standard printed exceptions REAL ESTATE SALES CONTRACT-Page 5 of 15 contained in the usual form of Texas Owner's Title Policy containing a survey exception deletion,except as to shortages in area. (c) Deliver to Purchaser possession of the Property. 4.03. At the Closing,Purchaser shall deliver to Seller the cash portion of the Purchase Price. All state,county,and municipal taxes for the then current year relating to the Property,if any,shall be prorated as of the Closing Date. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value,the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition,the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 4.04. Each party shall pay any attorneys fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract,or if the Contract is silent,as is usual and customary for real estate transactions in Collin County,Texas. ARTICLE V. REAL ESTATE SALES CONTRACT-Page 6 of 15 REAL ESTATE COMMISSIONS 5.01 It is expressly understood and agreed that the no real estate brokers have been involved in the negotiation and consummation of this Contract. ARTICLE VI. ESCROW DEPOSIT 6.01. Upon the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this Contract,Purchaser shall deliver to the Title Company,funds in the amount of$5,000.00 as the Escrow Deposit which shall apply toward the Purchase Price at closing. Notwithstanding anything to the contrary herein,$500.00 of the Escrow Deposit shall be non-refundable and shall constitute independent consideration for Seller's performance under this Contract. ARTICLE VII. CASUALTY 7.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing,the improvement or improvements on the Property shall be damaged or destroyed by fire or other casualty, Purchaser may either terminate this Contract by written notice to Seller or close. If Purchaser elects to close,despite said damage or destruction, there shall be no reduction in the Purchase Price, and Seller shall assign to Purchaser Seller's right,title and interest in and to all insurance proceeds,if any,resulting or to result from said damage or destruction. REAL ESTATE SALES CONTRACT-Page 7 of 15 ti , ARTICLE VIII. REPRESENTATIONS 8.01. As a material inducement to the Seller and Purchaser to execute and perform its obligations under this Contract,the Seller hereby represents and warrants to the Purchaser as of the date of the execution of this Contract, and through the date of the Closing,as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge,there are no actions,suits,or proceedings(including condemnation)pending or threatened against the Property, at law or in equity or before any federal, state,municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation, claims, condemnations,or sales in lieu thereof, contracts of sale, options to purchase or rights of first refusal with respect to any aspect of the Property,nor have any such actions,suits, proceedings, claims or other such other matters been threatened or asserted. (e) Seller has no knowledge of any violation of any ordinance,regulation,law or statute of any government agency or instrumentality pertaining to the Property or any portion thereof which has not been complied with. (f) Seller shall not transfer, convey,mortgage, encumber,lease or otherwise assign or dispose of the Property,nor any interest therein,without the express written consent of the Purchaser, nor shall Seller cause,create or allow any lien, claim or encumbrance,of any kind or character,voluntarily or involuntarily,to be placed upon the Property, or any interest therein. (g) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained,and Seller has full right, power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract, the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment,order or decree of any court having jurisdiction over Seller or the Property. REAL ESTATE SALES CONTRACT-Page 8 of 15 S 1 (h) Seller is not a"foreign person"as that term is defined in Section 1445 of the Internal Revenue Code,as Amended,and any applicable regulations promulgated thereunder. (i) To the best of Seller's knowledge,the Property is free from and/or has not been used for(i) the storage,holding,existence,manufacture,release,treatment, abatement,removal,disposition,handling,transportation,or disposal of any Hazardous Materials,from,under,into or on the Property or(ii)the existence of any"Endangered Species"on the Property. "Hazardous Materials"shall mean(i) any"hazardous waste"as defined by the Resource Conservation and Recovery Act of 1976(42 U.S.C. Section 6901 et seq.),as amended from time to time, and regulations promulgated thereunder; (ii)any"hazardous substance"as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980(42 U.S.C. Section 9601 et seq.)("CERLA"),as amended from time to time, and the regulations promulgated thereunder; (iii) any petroleum-based products; (iv)any substance which by any Governmental Requirements requires special handling or notification of any federal,state or local governmental entity in its collection,storage,treatment,or disposal;and(iv)any other substances which are now classified or considered to be hazardous or toxic under Governmental Requirements. "Endangered Species"shall mean any species which is described pursuant to the U.S. Endangered Species Act of 1973, as being in danger of extinction throughout all or a significant portion of its range. ARTICLE IX. BREACH BY SELLER 9.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason,except Purchaser's default,Purchaser may obtain the return of the Escrow Deposit as liquidated damages or pursue specific performance,as its sole and exclusive remedies. ARTICLE X. BREACH BY PURCHASER 10.01. In the event Purchaser should fail to consummate the purchase of the Property,the conditions to Purchaser's obligations set forth in this Contract having been satisfied, and REAL ESTATE SALES CONTRACT-Page 9 of 15 i Purchaser being in default and Seller not being in default hereunder, Seller may receive the Escrow Deposit as liquidated damages as its sole and exclusive remedy. ARTICLE XL 1031 EXCHANGE 11.01. The parties agree to cooperate with each other to allow the Seller,at no expense to the Purchaser,to complete a 1031 tax free exchange with the closing of this transaction. ARTICLE XII. MISCELLANEOUS Survival of Covenants (a) Any of the representations,warranties, covenants and agreements of the parties,as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail,postage prepaid, certified mail,return receipt requested, addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas,and all obligations of the parties created hereunder are performable in Collin County,Texas. REAL ESTATE SALES CONTRACT-Page 10 of 15 Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators,legal representatives, successors and assigns where permitted by this Contract. Nondisclosure (e) Neither party shall disclose to any person or entity the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid,illegal,or unenforceable in any respect, such invalidity,illegality,or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. REAL ESTATE SALES CONTRACT-Page 11 of 15 Attorney's Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys'fees from the non-prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include nay other gender,and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Memorandum of Contract (lc) Upon the request of either party,both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act,Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance. Effective Date of Contract (m) The term"effective date of this Contract"as used herein shall mean the later of the two (2)dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below,which later date shall be the date of final execution and agreement by the parties. REAL ESTATE SALES CONTRACT-Page 12 of 15 Counterparts/Facsimile (n) This Agreement may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] REAL ESTATE SALES CONTRACT-Page 13 of 15 Executed on the dates set forth at the signatures of the parties hereto. SELLER: BY: L—%. Martin L. An erson Date Executed: —✓�a PURCHASER: WYLIE ECONOMIC DEVELOPMENT CORPORATION,a Texas corporation By: Samuel D.R. Satterwhite,Executive Director Date Executed: '1` -67 7 TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the Earnest Money on and accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: COMMONWEALTH LAND TITLE BY: PRINTED NAME: TITLE: ADDRESS: Telephone Fax PREPARED IN THE LAW OFFICE OF: Abernathy,Roeder, Boyd&Joplin,P.C. 1700 Redbud,Suite 300 McKinney,Texas 75069 214.544.4000 214.544.4044(fax) ::ODMA\PCD OCSIARBJ\4023041 t REAL ESTATE SALES CONTRACT-Page 14 of 15 Exhibit A PROPERTY DESCRIPTION Being a tract of land situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County,Texas and being part of a called 21.020 acre tract of land conveyed to Collin County by deed recorded under County Clerk's File Number 2001-0100218, Deed Records, Collin County,Texas being more particularly described as follows: Beginning at a l/2"iron rod found on the northwest line of said 21.020 acre tract for the east corner of Lot 4 and the south corner of Lot 3, of Railroad Industrial Park, an addition to City of Wylie, Collin County,Texas,according to the plat thereof recorded in Cabinet C,Page 748,Map Records, Collin county,Texas; Thence South 40°22'32"East,a distance of 58.28 feet to a capped 5/8"iron rod set for corner on the northwest right0of-way line of State Highway 78 (142' R.O.W.); Thence South 52°18'42" West along the northwest right-of-way line of State Highway 78 (142' R.O.W.),a distance of 85.00 feet to a capped 5/8"iron rod.set for corner; Thence,North 40°22'32' West,a distance of 58.28 feet to a capped 5/8"iron rod set for corner on the northwest line of said 21.020 acre tract for the south corner of said Lot 4 and the east corner of Lot 5,of said Railroad Industrial Park; Thence North 52°18'42"East along the northwest line of said 21.020 acre tract and the southeast line of said Lot 4 a distance of 85.00 feet to the Point of Beginning and containing 4948 square feet or 0.114 acres of land. All of the above described property lies within Zone'X' (areas determined to be,outside of the 500- year flood plain) according to the Flood Insurance Rote Map Community Panel Number 48085C0470 G dated January 19, 1996. REAL ESTATE SALES CONTRACT-Page 15 of 15 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 08-28-07 Item Number: 13 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 08-09-07 Budgeted Amount: Exhibits: 1 Subject Consider and act upon authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.368 acre located at Cooper Drive and F.M. 544, further authorizing the WEDC to enter into debt in the amount of $80,000. Recommendation A motion to authorize the WEDC to purchase 0.368 acre located at Cooper Drive and F.M. 544, further authorizing the WEDC to enter into debt in the amount of$80,000 as per the terms of the Real Estate Sales Contract. Discussion The WEDC has purchased 3 lots located on Cooper Drive, is under contract to purchase a fourth lot (as being presented), and is currently negotiating for the purchase of 5 additional lots. The lot is comprised of 0.368 acre and is under contract for $105,000. The Contract calls for $25,000 down and the balance is owner financed for a period of sixty months at an interest rate of 6% per annum. The sellers are Martin L. Anderson, Susan M. Anderson, Gary E. Bowland, and Charlotte A. Bowland. As mentioned in a previous Agenda Report, the purchase of this property is directly tied to the purchase of the Prime Kuts and Martin L. Anderson lots on Industrial Court. Please note within Article XI (o), the attached Contract is voided should the WEDC not close for any reason on the Prime Kuts or Martin L. Anderson Contracts. Being that Mr. Anderson is motivated to liquidate his non-homestead real estate assets, the WEDC is in a position to purchase this tract for well below the established market (a market established by the WEDC); approximately 30% below market. In addition, there is no demolition cost associated with this site as with the other three properties purchased by the WEDC equating to a cost avoidance of approximately $10,000. While the WEDC has typically focused its purchases on Cooper Drive to the northern portion of Cooper (closest to Baylor and Shafer Plaza), the opportunity to purchase this site below market was more than enough incentive to buy a site at the extreme opposite end of Cooper. Being that Mr. Bowland is a past WEDC Board member, WEDC staff wanted to chronologically document his Page 1 of 2 Page 2 of 2 involvement with this site and other sites purchased by the WEDC so as to proactively address any perception of impropriety or privileged information. 7-21-98 Bowland appointed to WEDC Board 4-14-99 Bowland/Anderson purchase Cooper tract 7-12-05 WEDC closes on 709 Cooper 12-28-05 WEDC closes 706 Cooper 3-10-06 Bowland moves outside City limits and resigns from WEDC Board 9-13-06 WEDC closes on 707 Cooper 7-27-07 WEDC negotiates contract with Bowland/Anderson Beyond the purchase of the Bowland/Anderson tract, the WEDC is negotiating with three other property owners which represent an additional 5 tracts, or 2.7 acres. An architect has been employed to provide direction as to the potential redevelopment options as future tracts are brought on-line. Whereas the previous philosophy was limited to purchasing tracts on the northern portion of Cooper, it seemed logical that office development similar to Baylor would continue down Cooper as contiguous tracts were assembled. Now with a changing market prompting property owners to negotiate more realistically, an architect can assist the WEDC in considering how all future purchases impact redevelopment scenarios. Approved By Initial Date Department Director W�SS 8-17-07 City Manager I i 4�11 (I s_316-1 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN This Real Estate Sales Contract (this "Contract") is made by and between, GARY E. BOWLAND AND WIFE CHARLOTTE A. BOWLAND,AND MARTIN L. ANDERSON AND WIFE SUSAN M. ANDERSON, 202 Lago Grande Trail, Wylie, Texas 75098 and 3 Willow Bend, Wylie, Texas 75098 ("Seller"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended, ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I. 1.01. Seller hereby sells and agrees to convey by Special Warranty Deed (the "Deed"), and Purchaser hereby purchases and agrees to pay for, that certain real estate, and any improvements located thereon, being approximately 0.372 acre of property, more or less, located in the City of Wylie, Collin County, Texas, more commonly known as being out of the S. B. SHELBY SURVEY, ABSTRACT NO. 820, out of a 1.00 acre tract described in a deed from Land-Tex, Inc. to Seller dated April 20, 1999, recorded in Volume 4398, Page 1235 in the Collin County Deed Records more particularly described in the attached Exhibit A (the "Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular, the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, roads, alleys or rights-of-way, and including any right, title and interest of Seller in all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property, (all of such real property, REAL ESTATE SALES CONTRACT-Page 1 of 16 rights, and appurtenances being hereinafter collectively referred to as the"Property"), for the consideration and upon the terms and conditions hereinafter set forth. PURCHASE PRICE Amount of Purchase Price 1.02. The purchase price (herein called the "Purchase Price") for said Property shall be the sum of ONE HUNDRED FIVE THOUSAND AND NO/100THs DOLLARS ($105,000.00). Payment of Purchase Price 1.03. Seller agrees to finance EIGHTY THOUSAND AND NO/100Txs DOLLARS ($80,000.00) at an interest rate of SIX PERCENT (6%)per annum over a period of SIXTY (60) months. Purchase agrees to pay TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) all cash at closing ARTICLE II. PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 2.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 2.02. Within twenty(20) days after the execution date of this Contract, Seller, at Seller's sole cost and expense, shall have caused Commonwealth Land Title (Baron Cook), 108 B, W. Marble, Wylie, Texas 75098 (the"Title Company") to issue a preliminary title commitment (the"Title Commitment"), accompanied by true, correct and legible copies of all REAL ESTATE SALES CONTRACT-Page 2 of 16 recorded documents relating to easements, rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. Survey 2.03. Within twenty(20) days after the execution of this Contract, Seller shall, at Purchaser's sole cost and expense, cause to be delivered to Purchaser a current plat of survey ("Survey") of the Property,prepared by a licensed Texas surveyor acceptable to the Purchaser. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception at the Purchaser's expense (except as to "shortages in area") from the Owner's Title Policy to be issued by the Title Company, and shall be certified to the Purchaser and the title company. The Survey shall comply with the requirements of the Texas Surveyor's Association for a Category 1A Condition II Survey and shall contain a certificate and such other information as Purchaser may reasonably request. The Survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements, and rights-of-way on or adjacent to the Property and shall set forth the number of total number of acres and square feet comprising the Property. Review Period 2.04. Purchaser shall have ten(10) days (the "Review Period") after Purchaser's receipt of the later of the Survey, Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser,but shall be under no obligation to incur any cost in so doing. REAL ESTATE SALES CONTRACT-Page 3 of 16 Purchaser hereby agrees that zoning ordinances, the lien for current taxes, restrictive covenants affecting the Property and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions (the"Permitted Exceptions") and Purchaser shall not be entitled to object to the status of title, the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained in the Objection Notice within ten(10) days after receipt of same, Purchaser may,by written notice delivered within five (5) days thereafter, terminate this Contract and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Feasibility Period 2.05. Purchaser shall have a period of sixty(60) calendar days commencing on the effective date of this Contract within which to inspect the Property and determine if the same is suitable for Purchaser's intended use (the "Feasibility Period"). In connection therewith, Seller agrees that within ten(10) days of the Effective Date hereof, Seller shall provide Purchaser, to the extent they exist and are in Seller's possession, with all engineering reports and environmental reports pertaining to any part or all of the Property. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Contract shall terminate and all earnest money heretofore delivered by Purchaser to Title Company, save and except the sum of$500.00 which shall be considered non-refundable option money, shall be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract, this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the REAL ESTATE SALES CONTRACT-Page 4 of 16 Property and conduct such tests as Purchaser deems necessary; provided, that Purchaser shall indemnify and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's occupation. ARTICLE III. CLOSING 3.01. The Closing shall be at the law offices of the Title Company, thirty(30) days following the expiration of the Feasibility Period (which date is herein referred to as the"Closing Date"). 3.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (1) General real estate taxes for the year of closing; (2) Any exceptions approved or waived by Purchaser pursuant to this Contract; and (3) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser, at Seller's sole cost and expense, a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract, such other exceptions as may be approved in REAL ESTATE SALES CONTRACT-Page 5 of 16 writing by Purchaser or waived by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy containing a survey exception deletion, except as to shortages in area. (c) Deliver to Purchaser possession of the Property. 3.03. At the Closing, Purchaser shall deliver to Seller the cash portion of the Purchase Price. All state, county, and municipal taxes for the then current year relating to the Property, if any, shall be prorated as of the Closing Date. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value,the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition,the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 3.04. Each party shall pay any attorney's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract, or if the Contract is silent, as is usual and customary for real estate transactions in Collin County, Texas. REAL ESTATE SALES CONTRACT-Page 6 of 16 ARTICLE IV. REAL ESTATE COMMISSIONS 5.01 It is expressly understood and agreed that the no real estate brokers have been involved in the negotiation and consummation of this Contract. ARTICLE V. ESCROW DEPOSIT 5.01. Upon the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser shall deliver to the Title Company, funds in the amount of$500.00 as the Escrow Deposit which shall apply toward the Purchase Price at closing. Notwithstanding anything to the contrary herein, $100.00 of the Escrow Deposit shall be non-refundable and shall constitute independent consideration for Seller's performance under this Contract. ARTICLE VI. CASUALTY 6.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing, the improvement or improvements on the Property shall be damaged or destroyed by fire or other casualty, Purchaser may either terminate this Contract by written notice to Seller or close. If Purchaser elects to close, despite said damage or destruction, there shall be no reduction in the Purchase Price, and Seller shall assign to Purchaser Seller's right, title and interest in and to all insurance proceeds, if any,resulting or to result from said damage or destruction. REAL ESTATE SALES CONTRACT-Page 7 of 16 ARTICLE VII. REPRESENTATIONS 7.01. As a material inducement to the Seller and Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and warrants to the Purchaser as of the date of the execution of this Contract, and through the date of the Closing, as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings (including condemnation)pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation, claims, condemnations, or sales in lieu thereof, contracts of sale, options to purchase or rights of first refusal with respect to any aspect of the Property, nor have any such actions, suits, proceedings, claims or other such other matters been threatened or asserted. (e) Seller has no knowledge of any violation of any ordinance, regulation, law or statute of any government agency or instrumentality pertaining to the Property or any portion thereof which has not been complied with. (f) Seller shall not transfer, convey, mortgage, encumber, lease or otherwise assign or dispose of the Property, nor any interest therein, without the express written consent of the Purchaser, nor shall Seller cause, create or allow any lien, claim or encumbrance, of any kind or character, voluntarily or involuntarily, to be placed upon the Property, or any interest therein. (g) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right, power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract, the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment, order or decree of any REAL ESTATE SALES CONTRACT-Page 8 of 16 court having jurisdiction over Seller or the Property. (h) Seller is not a"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (i) To the best of Seller's knowledge, the Property is free from and/or has not been used for(i) the storage, holding, existence, manufacture,release, treatment, abatement, removal, disposition, handling, transportation, or disposal of any Hazardous Materials, from, under, into or on the Property or(ii) the existence of any"Endangered Species"on the Property. "Hazardous Materials" shall mean (i) any"hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any"hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) ("CERLA"), as amended from time to time, and the regulations promulgated thereunder; (iii) any petroleum-based products; (iv) any substance which by any Governmental Requirements requires special handling or notification of any federal, state or local governmental entity in its collection, storage, treatment, or disposal; and(iv) any other substances which are now classified or considered to be hazardous or toxic under Governmental Requirements. "Endangered Species" shall mean any species which is described pursuant to the U.S. Endangered Species Act of 1973, as being in danger of extinction throughout all or a significant portion of its range. ARTICLE VIII. BREACH BY SELLER 8.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may obtain the return of the Escrow Deposit as liquidated damages or pursue specific performance, as its sole and exclusive remedies. ARTICLE IX. BREACH BY PURCHASER 9.01. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in this Contract having been satisfied, and REAL ESTATE SALES CONTRACT-Page 9 of 16 Purchaser being in default and Seller not being in default hereunder, Seller may receive the Escrow Deposit as liquidated damages as its sole and exclusive remedy. ARTICLE X. 1031 EXCHANGE 10.01. The parties agree to cooperate with each other to allow the Seller, at no expense to the Purchaser, to complete a 1031 tax free exchange with the closing of this transaction. ARTICLE XL MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. REAL ESTATE SALES CONTRACT-Page 10 of 16 Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Nondisclosure (e) Neither party shall disclose to any person or entity the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. REAL ESTATE SALES CONTRACT-Page 11 of 16 Attorneys Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract (k) Upon the request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance. Effective Date of Contract (m) The term"effective date of this Contract" as used herein shall mean the later of the two (2) dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the parties. REAL ESTATE SALES CONTRACT-Page 12 of 16 Counterparts/Facsimile (n) This Agreement may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. Voidance of Contract (o) All obligations of Purchaser under this contract shall become null and void should Purchaser not Close, for any reason, on contracts executed by Purchaser on July 27, 2007 by and between Purchaser and Martin L. Anderson and Purchaser and Prime Kuts Distributing, Inc. Should Purchaser's obligation under this contract be voided under this Article XI (o), all Escrow Deposit, including independent consideration, shall be returned to Purchaser by the Title Company. [SIGNATURES ON FOLLOWING PAGE] REAL ESTATE SALES CONTRACT-Page 13 of 16 Executed on the dates set forth at the signatures of the parties hereto. SELLERS: BY: Gary E. Bowland Date Executed: BY: Charlotte A. Bowland Date Executed: BY: Martin L. Anderson Date Executed: BY: Susan M. Anderson Date Executed: PURCHASER: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation By: Samuel D.R. Satterwhite, Executive Director Date Executed: REAL ESTATE SALES CONTRACT-Page 14 of 16 TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the Earnest Money on and accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: COMMONWEALTH LAND TITLE BY: PRINTED NAME: TITLE: ADDRESS: Telephone Fax PREPARED IN THE LAW OFFICE OF: Abernathy, Roeder, Boyd &Joplin, P.C. 1700 Redbud, Suite 300 McKinney, Texas 75069 214.544.4000 214.544.4044(fax) ODMA\PCDOCS\ARBJ\402304\1 REAL ESTATE SALES CONTRACT-Page 15 of 16 Exhibit "A" Property Description Being situated in Collin County, Texas, being out of the S. B. SHELBY SURVEY, ABSTRACT NO. 820, out of a 1.00 acre tract described in a deed from Land-Tex, Inc to Gary E. Bowland and wife Charlotte A. Bowland and Martin L. Anderson and wife Susan M. Anderson dated April 20, 1999, recorded in Volume 4398, Page 1235 in the Collin County Deed Records and being more particularly described as follows: BEGINNING at a point in the North right-of-way line of F.M.Road 544 and the West line of a 1.00 acre tract purchased from Raymond B. Cooper which is the East line of a 3.25 acre tract belonging to the City of Wylie, said point bears South 08 deg. 13 min. West a distance of 322.09 feet from the Northwest corner of said 1.00 acre tract, said point being the R.O.W. line of F.M. Road 544; THENCE North 08 deg. 13 min.East along the East line of 3.25 tract belonging to the City of Wylie and with the West line of said 1.00 acre tract, 142.80 feet to iron stake for corner; THENCE South 81 deg. 47 min. East 120.00 feet to iron stake for corner set in the West R.O.W. line of Cooper Drive; THENCE South 08 deg.13 min.West with the West R.O.W. line of Cooper Drive,a 50 foot R.O.W. dedicated in Plat of Wylie Industrial Park, an addition to the City of Wylie, Texas, as filed October 25, 1972 in the County Clerk's Office of Collin County,Texas, 124.85 feet to iron stake for corner, set on R.O.W. of F.M. Road No. 544; THENCE South 89 deg. 42 min. 30 sec. West with the New R.O.W. line of F.M. Road No. 544, 121.34 feet to Place of Beginning. REAL ESTATE SALES CONTRACT-Page 16 of 16