Loading...
12-11-2007 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda December 11, 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 PRESENTATIONS • Presentation on the 2030 Plan and its impact on the City of Wylie. (K. Shelton, DART/J. Butters, Assistant City Manager) • Donation of Funds for Weather Radios. (R. Corbin, Fire Chief) December 11,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 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. 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 November 27, 2007 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat creating nine (9) commercial lots and one (1) open space lot for Regency Steel Business Campus, Block A, Lots 1-10, generally located east of Regency Drive and north of Steel Road. (R. 011ie, Planning Director) C. Consider, and act upon, Ordinance No. 2007-42 setting the time and place for all regular City Council Meetings in 2008. (C. Ehrlich, City Secretary) D. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2007. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearings 1. Hold the second and final Public Hearing on the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08 and consider, and act upon, the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. (J. Duscio, Assistant Police Chief) Executive Summary Texas Local Government Code §370.002(a)states that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order. Staff is recommending that we continue the current ordinance. g 4 December 11,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 Tabled from November 13, 2007 2. (MOTION TO REMOVE FROM TABLE)Continue a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance No. 2005-28, Article 3 (Residential District Regulations) as it relates to Yard Requirements. (R. 011ie, Planning Director) Executive Summary After careful review and consideration a change in the ordinance is recommended to allow for the construction of attached patio covers that may not otherwise be possible under the current ordinance. The current ordinance does not take into consideration the multitude of residential homes that are built on or near the rear building set-back lines. In addition, many of these homes are built with pre-poured concrete patios that extend from the main structure into the rear yard set-back. Under the current ordinance,no cover can be constructed over these patios without a variance. General Business 3. Consider, and act upon, Resolution No. 2007-41(R) declaring expectation to reimburse expenditures with proceeds of future debt. (L. Williamson, Finance Director) Executive Summary The Texas Constitution requires a city to have funds on hand sufficient to fund any contract entered into. Because the Certificates of Obligation's proceeds will not be available until early January 2008,the city is declaring that it has other monies on hand to enable a construction contract for the new fire station. In order for the city to reimburse the General Fund for monies it may spend on the fire station prior to funding of the Certificates of Obligation,this reimbursement Resolution is required. Tabled from November 27, 2007 4. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, all matters incident and related to the issuance and sale of $2,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007B", including the adoption of Ordinance No. 2007-43 authorizing the issuance of such Certificates of Obligation. (L. Williamson, Finance Director) Executive Summary The City approved a 5 year Capital Improvement Plan (CIP) which identified Fire Station #3 as being funded with Certificates of Obligations. The City negotiated with American National Bank on the interest rate using the JJ Kenny index for A rated tax-exempt securities with an average life of 13 years. A rate of 4.40%was agreed upon. The debt service for these obligations is included in the City's I&S tax levy for this year. This ordinance authorizes the sale of these Certificates of Obligation to American National Bank at a coupon rate of 4.40%,with closing scheduled for early January,2007. 5. Consider, and act upon, approval and award of a bid for the construction of Fire Station Number 3. (R. Corbin, Fire Chief) Executive Summary The City's 2006 General Obligation Bonds provided $1,500,000 for the construction of Wylie Fire Station Number 3. Subsequent construction cost estimates indicated that at least twice that amount would be needed to construct the facility as designed.Council has agreed to provide additional funding in the amount of$2,000,000.Competitive sealed bids have been solicited for the construction in accordance with Chapter 252 of the Texas Local Government Code. December 11,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 6. Consider, and act upon, Resolution No. 2007-42(R) authorizing the City Manager to execute an Ad Valorem Tax Abatement and Sales Tax Reimbursement Agreement between the City of Wylie and Greenway-Springs, Ltd., Greenway-Columbia, L.P., and Greenway-Wylie,L.P. (S. Satterwhite, Executive Director, WEDC) Executive Summary In anticipation of Ad Valorem Tax Abatement between the City and Greenway-Springs, Ltd., Greenway- Columbia, L.P., and Greenway-Wylie, L.P. (hereinafter `Greenway'), the Wylie City Council created Reinvestment Zone #6 on 11-13-07 in addition to Guidelines and Criteria governing tax abatement guidelines. The incentive package as presented utilizes a combination of ad valorem tax abatement and sales tax reimbursements to offset costs associated with the environmental remediation of a 15.72 acre site within the 27.83 acre Reinvestment Zone#6. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.087 Deliberations regarding economic development negotiations. To discuss commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the territory of the governmental body and with which the governing body is conducting economic development negotiations. • Discussion regarding economic negotiations with Direct Development ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 7`" day of December, 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 posted on(Im`yity of Wylie website: www.wylietexas.gov. ,... ..... ,•etc`i SEAL ,�Ji� Jb7 Caro Erlich,City Secretary = Date Notice Removed 71 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2007 Item Number: Presentation-2 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 11-28-07 Budgeted Amount: N/A Exhibits: Subject Donation of funds for Weather Radios. Recommendation The City of Wylie recognizes the generous donation of$900 made by Wal-Mart to equip public buildings in our community with weather warning radio receivers. Discussion Denise Aparico arranged for Wylie's Wal-Mart to donate funds to purchase weather radios for all the schools and public buildings in our community. We would like to acknowledge their generosity, and the way this moves Wylie towards being certified as a Storm-Ready Community by the National Weather Service. Approved By Initial Date Department Director RC 11/28/07 City Manager Off, 10116 I Page 1 of 1 711 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Special Called Meeting Agenda November 27, 2007 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:03 p.m. Council Members present were: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, and Councilman Carter Porter. Councilman Merrill Young arrived at 6:30 p.m. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the invocation and Councilman White led the 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. There were no citizens present to address Council during Citizens Comments. 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 November 13, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 1 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young absent. REGULAR AGENDA General Business 1. Consider, and act upon, all matters incident and related to the issuance and sale of $2,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007B", including the adoption of an ordinance authorizing the issuance of such Certificates of Obligation. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the new legislation this year requires a 30 day period between the dates of the first publication to the date that City Council can take action. The first publication was October 31, 2007; consequently Council can not take action on the item before November 29, 2007. We are requesting this item be moved to the December 11, 2007 regular scheduled City Council meeting. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to table consideration of all matters incident and related to the issuance and sale of $2,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007E", including the adoption of an ordinance authorizing the issuance of such Certificates of Obligation to the regular City Council meeting of December 11, 2007. A vote was taken and passed 6-0 with Councilman Young absent. 2. Consider, and act upon, Ordinance No. 2007-40 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $94,100 for the purpose of hiring a Construction Manager to assist the City of Wylie in managing the construction work on the Library, City Hall, and Recreation Center and provide additional work as needed. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that staff believes that it would be very beneficial to the City of Wylie to hire a Construction Manager to assist the City in managing the construction work on the Library, City Hall, and Recreation Center and provide additional work as needed. He stated that RFP's had been advertised for a firm to perform the service as construction manager and it was found that the cost was quite a bit more and only included 20 hours per week while the same manager would be spending time on outside projects as well. He stated that interviews had been conducted with candidates having many years of construction experience and training and as an employee of the City would have better control of the projects while expending 40 hours per week to City projects exclusively. He explained that since there was not an appropriation included in the 2007-2008 Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 2 Budget for this purpose, a request is being made to amend the Budget to allow for this position. He explained that the funds would be transferred from the 2006 General Obligation Bond Fund to the General Fund to meet the allocation for this position. He reported that a person with years of construction experience was being considered for this position. Mayor Mondy asked why a part time person could not be utilized. City Manager Manson replied that the City needed someone onsite at all times that was very familiar with the plans that could be the staffs eyes and ears. Mayor Mondy asked what would happen to this position once the projects were completed. Ms. Manson replied that this issue was left open in that if there were other projects, the manager could move to, they would be retained or the position could be a finite position upon completion of the projects. Councilman Goss stated that having someone on staff would be a bonus to the City and this person could assist with the new Fire Station as well. He commented that he believed the position should be a finite position for the completion of the projects only. He reported that this position would be the single point of contact for all construction issues and would be a huge benefit to the City. City Manager Manson stated that when these projects were completed, and if there were no other projects, the position could be terminated. Mayor Mondy commented that the terms needed to be spelled out in the employment contract regarding the establishment of the position for these projects only. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve Ordinance No. 2007-40 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $94,100 for the purpose of hiring a Construction Manager to assist the City of Wyllie in managing the construction work on the Library, City Hall, and Recreation Center and provide additional work as needed. In addition, the City Council authorizes the City Manager to transfer $94,100 from the 2006 General Obligation Bond Fund to the General Fund to provide the funds for this appropriation. A vote was taken and passed 6-0 with Councilman Young absent. Mayor Mondy recessed into Work Session at 6:15 p.m. Councilman Young arrived at 6:30 p.m. WORK SESSION • Discussion regarding traffic enforcement in the Riverchase Subdivision. (J. Butters, Assistant City Manager) Assistant City Manager Butters reported that the Riverchase Homeowners Association Board has petitioned the City of Wylie to enforce traffic rules and regulations within the Riverchase subdivision. The Texas transportation code empowers the City Council to pass an ordinance extending traffic enforcement to private roads within the City if the homeowners association board, or a majority of the homeowners, petition the Council to do so. He explained that the transportation code pre-dates the establishment of "gated communities" whereby in the past there was no reason to enforce traffic laws on private property. In 2001 the legislature revisited the issue specifically pertaining to "gated communities" and passed a law allowing gated communities by their HOA Associations and by a quorum vote to petition a city for traffic enforcement. Asst. City Manager Butters explained that such a vote was taken by the Riverchase HOA members and the results were unanimous by the quorum present to petition the City for traffic enforcement. Mayor Pro Tem Byboth stated that he was struggling with the concept of a gated community receiving traffic enforcement, because these communities were closed to the public not allowing Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 3 not for profit organizations and other citizens to enter the community. He stated that he believed the gates should be open; to be fare to all. Mayor Mondy stated that the difference with these gated communities was that they were responsible for the maintenance of their streets. Mayor Pro Tem Byboth stated that he was concerned whether the HOA was setting aside funds to accomplish the maintenance when required. Councilwoman Spillyards reported that the HOA was responsible for the collection of dues to offset these maintenance costs when needed and were doing that. Mayor Pro Tern Byboth stated that if the community was responsible for the maintenance of the streets that would offset any traffic enforcement. Councilman Porter stated that Riverchase citizens pay ad valorem taxes just like every other Wylie citizen; therefore they should receive traffic enforcement, if requested. Assistant City Manager Butters reported that the speed signs would be the responsibility of the HOA but the police would drive and enforce traffic laws when needed. Councilman Porter stated that if the proposed ordinance could save one injury or life, it was worth the traffic enforcement. Mayor Pro Tern Byboth asked if the City Attorney had reviewed the proposed ordinance. City Manager Manson replied that the City Attorney had reviewed the ordinance and content within. Councilman White asked if the proposed ordinance gave the same traffic regulations to the citizens in Riverchase as those in other sub-divisions within Wylie. Assistant City Manager Butters replied that the ordinance was exactly the same as regulations for other subdivisions; the only inclusion was to enforce these traffic regulations within Riverchase Subdivision. Homeowner's Association Comments Riverchase Homeowner's Association representatives Richard Vaughn, John Sanders, Lisa Beckman and Horace Smith addressed Council stating that in October of 2007 a HOA meeting was held at the Municipal Complex. A quorum of 60 residents was present and voted unanimously to request the traffic enforcement. Mr. Smith explained to Council that a street assessment study had been completed previously and it was determined that the life expectancy of the streets was 20 years. He explained that the HOA dues were increased to offset the repairs that would be needed and dues could be increased in the future if needed. Mr. Vaughn reported that the HOA had attempted to open the gates previously but could not obtain the votes to accomplish this. He explained that traffic violations had become more frequent and because residents knew there was no enforcement, it was difficult to control. Councilwoman Spillyards asked Mr. Vaughn if the HOA had considered speed bumps. Mr. Vaughn replied that the streets were sixty feet wide and were cost prohibitive for speed bumps. He reported that the community was requesting the same enforcement given to other sub-divisions within the City. Mayor Mondy reconvened into Regular Session at 6:35 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session, including but not limited to: 3. Consider, and act upon, Ordinance No. 2007-41 amending Chapter 110 (Traffic and Vehicles), Article III (Operation of Vehicles) to add Section 110-114 (Traffic Regulations in Private Subdivisions) of the Wylie Code of Ordinances No. 2005-07; providing for the enforcement of certain traffic rules and regulations to certain private roads owned and maintained by the Riverchase Homeowners' Associations and contained within the Riverchase Subdivision; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; and providing for an effective date. (J. Butters, Assistant City Manager) Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 4 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to approve Ordinance No. 2007-41 amending Chapter 110 (Traffic and Vehicles), Article Ill (Operation of Vehicles) to add Section 110-114 (Traffic Regulations in Private Subdivisions) of the Wylie Code of Ordinances No. 2005-07; providing for the enforcement of certain traffic rules and regulations to certain private roads owned and maintained by the Riverchase Homeowners' Associations and contained within the Riverchase Subdivision; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; and providing for an effective date. 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 captions to Ordinance No's 2007-40 and 2007-41 into the official record. ADJOURNMENT With no further business before Council Mayor Pro Tern Byboth made a motion to adjourn at 6:40 p.m. Councilman Goss seconded the motion. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 5 PV1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11,2007 Item Number: B (City Secretary's Use Only) Department: Planning Prepared By: Charles Lee Account Code: Date Prepared: 12/5/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat creating nine (9) commercial lots and one (1) open space lot for Regency Steel Business Campus, Block A, Lots 1-10, generally located east of Regency Drive and north of Steel Road. Recommendation Motion to approve a Final Plat creating nine (9) commercial lots and one (1) open space lot, generally located east of Regency Drive and north of Steel Road. In addition, a site plan for Lot 3 must be submitted at the same time as the first lot to be developed. Discussion The property totals 3.915 acres and will create and establish a commercial business campus consisting of nine lots and one common area lot. Located within the Regency Park Industrial area, the property has frontage along Regency Drive and Steel Road. May 2007, City Council approved (PD-2007-14) rezone from Light Industrial to Planned Development Light Industrial to accommodate an innovative commercial/industrial campus with a common area and privately maintained access easements connecting interior lots. Site Plan Review & Building Permits are required for development of each lot. A Site Plan for Lot 3 (Open Space) must be submitted at same time as the first lot to be developed. Portions of the property are being dedicated for street rights-of-way by this plat and the necessary water and sanitary sewer services have been extended. The Planning and Zoning Commission voted 6-0 to approve the Final Plat. 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 12/5/07 City Manager Mr)/ /'?A 07 Page 1 of 1 OWNER'S CERTIFICATE AND DEDICATION STATE OF lE%AS POINT OF LOT.n°Pa� s etc.1 a carve a coulry act a+lane situated n me Wuiam sama<Survey,Abstract N E4 LOB I BEGINNING ¢N (•'�8L 0 I ��(C'vxa[c e)T WHEREAS NICOM CONSTRUCT ON,INC..BEING THE OWNER Cr o 3.915 acre Ir va o.835,City o Wylie,Collin Count Texas.and Bing all of a called 1.00 acre Gael of lontl described In deed to NHCom Construction,as Loy cool A 6 &v�sl (cAep F, sea) wAwwIof a t of i,.999 sere tract or to esoripetl in deed G, recorded inu Do.,nln (c�"q C.IgYa) d 1_ .e.cci. - No.00J02oIn Document Dodd Recwda Collin County,Texas,ail and oil of Lot 1,Block e1,9 egpc Business scribed or ales and pounds up Gtl S 89e39'23�E 151.42e `�4a*'r I_L as of WM In Document No.Cabinet K,Page`, or wid Deed a.County, ^ a<l being mere a — n W enylp wylle,as recorded In cabn<t K Page Plot Records calm twiny,Texoa,eoa° wid e1Cvaetywa me nwlewatlda^, o the '�fo'de a.draws: 'T z -_r_�1 r T corner° ° V Q j \CI. BEGINNING al a 5/8-Inds it rod with cap stamped 5430'found Iw the northwest corner of 1.999°c MgyR. J oiled 1.000 acre tract of land aea«Ibed In a°ed to Ronald L.Williford et ux,as recorded In Volume 4349,Poags 1523 of soCabinet d Deed Records,said I1 (°weP T- corner being n the ea line o Lot IA,Block ,Central storage Addltffic on addition t0 a City I Wylie.a record. In a ne Slide 6 or said C Plat Record.; o e Or said 1 Central c n dinar to a recorded it Cabinetet 4,eo lot scares, / THENCE South 89 degrees 39 minutes 23 seconds fall,rd.the southstamped of f430a found for Add the north 1lined acre tract end ono tract distance of 151.42 feet to a 5/8-Inch Iron rat t cap he northeast^corner nof Slide.99 of wid Plat Re a sip Lxxii.wue,e,c northwest° eider of Lot]A,Black A.steel Ineuetrial Park,an oa eat ere of city of Wylie.as the e o said R(wL NNW PG.tdm)ux 'n f id Lot 3A,pa THENCE South W degree.00 mnutea 20..cones West.with me ea .id 1.999 acre tract2o Block A industrial Park Ad 5A I ..... 8 ' „ I//2-in<n Iron rod found for the southwest corner of said L° A and the^arthweet corner of ante o steel t for the A ssing o addition to the City of Wylie,as recorded Cabinet F,Slide l355 of sold Plat Records t a distance (hereinafterof15.40refe f etlo d cmunmong.)w�w sad an ^Rgg O^<t a.w,Ac. 8 (wa c..TNTAL ?011°0N for h total cm.tance of 525.60 feeet to ae1/2-into iron er wit coma 1.999 sae GRIEF: a an web p 8 cop l °mar ar coma IAa<k aaa m ewmeaat coma.� a acre tract,a fplp a. s,l S b o N • 893T01'E 37&49' sew _I yak THENCE soam a9 a<e set for in••s41minutes ztta«ane of e i West,with the 16<soli line.utheast nor of a called «e as.e o+li to e.a<.iase��heeaa on ., /ZQ n %?�1 lately , ae) - 4 so / pad to John G.ith Lews et lie'as°recordedhwest cIn Document 92-0081089tract of said De°d Records; Cacti soid I/ 4 ( L'�_ J g, minutes seconds West. et the the line of said 1.9i99 acre tract of sad and the northeast line of or we020 oc ere+rat tract,a y21 MQR g I _ � e 10OC oa.c.c r. aa0) ej.,o a rants a THENCE °1 23065 feet to 0a 1/2 u;^ch419i°^rod with the southwest corner of aoia Lot t eo�a earn and the rn the Bost rOg tract, o•o ' a $ ° am5 AC aP' _ THENCE 8wvo 8a 1 2-incM1sron rod with cap se o• a sou West,with the th line of aid ott 1 ntl corner being In saidacrerol-way IHn distance v 9k'W; 348.49 feel / 9 f E I J °X ¢ 3P )II 11 o-07———--—— THENCE North IJO degrees OB inures 42 se t`the tnanortnweet said nLot of said Lot 1 soldgar fr being line the soid uth Drive,I 1.OG O g xd Ac a o_ne Xc. ty5 ( wxw c t to an rod 280 cop a rer a 01 a the east corner 9O to a of said .w� f 161 fee a 1/2-inch it <A�/ ° _ Ipsc ay) - 11,Q 3 one NiCan tract, d 1.00 sae NlGom tract o distance of 30.00 feet Go m s • Da.c.c,. $0 1---m`•i (LOM30No*A) .$ toner..pavem8entdwt ror Ire sautnwee?t corm orwesl,with Nes Nicola tract. et an• g• cat m da Loo cow •�1 I0 8 0. c 14.ew to Z 1a4"/s a uw nAwgufxi enTo �R\v N THEry feNpovemeint'nt pin 08e nwthweat cameral olWaalE 1 i�tneewrvieam<Vac<on throe souenrNeat`^Garner osa aoia 010000.scree ,iforactt an t the S 8930.00* W J/ R �'° THENCE germ 89 degrees 57 minutes at secondsEast.with the natn line of said1.00 ac tom tract an 000 acre QqQ S s6070 Milord lr of 3J0.49 feet to a 1/2-Inch i od solid cap set for a northeast co NICom U CALLED I.00 3G.GG' 6s; _ 10 S ; aootneosl crone distance ao'1d 1.000 acre*Ilford tract; a r of a sat et to t + 8 9 - act, as the POINT x xi; aSTa Ac. !i a m1 Ae. 1156 Lor i scot+. sox itirIE=00 degrees OB minutea 49 seconds Weal.wllh the west Ilne^r 1.000 acre Williford C distance of 115.69 feet HARM. Xo AC. NC. w e _ omx A( Cl a sp��p pF BEgNNING ANO CONTAINING 1J0,53)aguare leaf a 3.915 sues of 1°nd. 's (<ibp Rf,axe) o.a.c.c.T. .6E J ysxwe1°.lvxasa Iwro x °.<aa Ae $ NOW THEREFORE KNOW ALL MEN BY 9ESE PRESENTS-. bove daevib t _g w .1R ce. a xTM„AOTs 1-1a� s aenion°Nial`C,d hreby adopt Iris fee tlesi9natln9 to nab tlealcate eoroperty oa RE(£N'Y o b tL BUSINESS CPMPUS.BLOss °•� $g L cry al mN�•.t resod in ea almvle wdoesaer.ee rar trees.• a eaiee xr'r aaein �ie�ea i.1eai d, W , sew R N ror other Improvements ae enown the oath me eas s snow a e w eo r suss the eSemoante as nri9nta-°f-woye 1. dSEE,u utility ,aAw T-,o [.� T 05.0° �� r I bein es rved for II be he mutual tnatruset on«a1s�0Eitio proof nit^ublic utt0itis aeir,fences,trees.n9ul J� ypub lic— — « aS 893Y01'W 348.49' _ t m� n°9 m 00 re n ca II or 05 on a.mhe utliity I«t vo other improvent.t.Or n.^l nt ond oil LPL rwe.,mn n�linw herebywaeo«°Ntrferoewcm'pl a m construction,partsm maintenance Befflond egress to or hlancy°a. an to,respective removing QublicnutJ enssho1itatimes n s without full the necessityII.s'ot on .procuring horn P 'palon °^pre. WILLIAM SAC875E SURVEY °r pa e respect. y' n sI A-835 waa•w.f E.CUIEUI THIS_DAY OF 9 l ,2002.y w- (RO i aPa-AM).INC, K a z 5 Iw 1ws FOR:NIcoM CONSTRUCTION.INC. lii .. lac Ie.- sooae) E 1...l• Ace sar MM Br. R.JEFF NIX.PRESIDENT .n.ccr. $ � 1 g acN E € Oeox AC. pxccr. CTATE OF TEXAS OUNTY Of COLLIN SN 8 1 BEFORE ME,m undersigned authority.o Notary Public in hatru°r said and Stoeeto me th date personolly at to executed II!°eared R. Nix,known to nd me to e the expressed cr a foregoing n acknowledged e to some n 4 can er°oiionnwhose n e name is•aye In the copadty therein elated e xs 8.1.' GIVEN MT HAND AND SEAL OFOmCE SYS DAY OF I SURVEYOR'S CERTIFICATE l s eaoa'xz'w tw.m' L - NOTPAT PUBLIC FM 111E STATE OF lE%AS STATE OF TEXAS `i.Row.000C3lw)` ?xv (''AQ'cc,T•) Mr COMMISSION EXPIRES: COUNTY OE COLON \1 w'� w THAT,I ch.E.Griffith.a certifyhot mid plot was prep,.under R.o SI89'S4a2Y W 149.88' ullui:''ug",°I my perdalon from w a accuratesonar a ., a that the ''11.ef'�ii S1EEL ROAD DWI-o.w'uaPa.G'e�\ .shown N properly placed under my auperd TB o In accordan.,with corner !the platting'r es and regulations of the City or Wyse, a. — I .13113 EVEN UNDER Mr sE OF OFFICE THIS26TH DAY of rvOVEMBER,2002. RLmlvc s sar ";')"HO 1 (cc c1T!'z') FINAL PLAT I N APPROVAL CERTIFICATE REGENCY STEEL BUSINESS CAMPUS HR15 IFFITH RE D yEND�FDR AR°"DY BLOCK A, LOTS 1-10 REGISTERED PROFESSIONAL LAND SURVEYOR * ,n\ STATE Pr TE%AS NO.4846 I)0�05 E.GI7WHM Ian o to ; w y Planning zoo g me. a 9 COMMERCIAL HATS& ��I�� `or nwyM.T..ae°` 1 COMMON AREA TAT . ►. 1£GF0g0 OWNER/DEVELOPER BEING STATE OF TEXAS -APPROVED Fa+004516lcnoN NICOM CONSTRUCTION,INC. WUNn of cauN v,as. 1g,42".=1s"H.17,r.P uo RSTRU CONSTRUCTION, 3.915 ACRES m County WnIE,Tx 2so9B BEFORE ME,the is date per authority,a Notary Public�o^en0w sal o be I.r. a F N sar Gty or Wyle,Ta.pa Oat• (9J2)429-18J0 SITUATED IN THE one State,w this to is subs it appeared the Ore E.Griffith. nt 40 NOTCE:Selling o portion of m FAX(9J2)9-1820 2 person whose name b wbawute to tna me for mawmrt and m 20 0 a WILUAY SACHSE SURVEY.ABSTRACT N 835 adnthe owietlg to ma that he executed the some fa the puryoseand .ccT. tt oedton Of metes and bounds e a 'era therein expreeeee and In me capoaty thereinStated SCAT£IN iEEr aaT ndaio,o+sty s and bo and 'AtxEPTEO' LAND gOggEYGq CITY OF WYWE,COI.LIN COUNTY.TEXAS I_ 1 _coo' state Law,and Ice wb)act to lines GRIFFITH SURVEYING CO.,LLGbuil = __ GIVEN MY HAND AND SEAL of Oi10E THIS 26TH PAY OF NOVEMeER.200J. oaf ana ing Peeing o1 ul0llka cone oat. .1. SETBACK and wit holding Ma,sty or wyM,Tors. 2801 CAPITAL STREET ENGINEERING CONCEPTS k DESIGN,LP. WYJE,TX 25098 '' /•••""'."•••mr/coNayw•••••u8vr'• ' P]2C01' I W^P- U.. EASEMENT EASEMENT A(19J2)9419 6408 (an)wet �wenNes,N.s ass se.. NOV0 2( Roar yyµµ qd� pe'�,FAauut. (9J2) -8401 es NOTAR{'y BLI OR NE STALE O TEXAS C'7G• °E u>v my .,tart. Y of vole.lose Date FAX MIN 1 OP 1 LiATe w r MY COMMISSION EXPIRES:02/14/200J 'r'i14r .3,V.V.Fhd RN-deg Wylie City Council Caittt ITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2007 Item Number: C (City Secretary's Use Only) Department: City Secretary Prepared By: C. Ehrlich Account Code: Date Prepared: November 30, 2007 Budgeted Amount: N/A Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2007-42 setting the time and place for all regular City Council Meetings in 2008. Recommendation A motion to approve Ordinance No. 2007-42 setting the time and place for all regular City Council Meetings in 2008. Discussion The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. By this Ordinance, the dates and times of all regular meetings in 2008 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, additional meetings can be scheduled. Approved By Initial Date Department Director CE 11-30-07 City Manager l `p� p(ol Page 1 of 1 ORDINANCE NO. 2007-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR 2008 FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for 2008. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2008 (January through October) and on the 2nd Tuesday in November and December, 2008, which shall be on the following dates: January 8 and 22, 2008 July 8 and 22, 2008 February 12 and 26, 2008 August 12 and 26, 2008 March 11 and 25, 2008 September 9 and 23, 2008 April 8 and 22, 2008 October 14 and 28, 2008 May 13 and 27, 2008 November 11, 2008 June 10 and 24, 2008 December 9, 2008 SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 4: The City Council's regular meetings shall generally begin at 6:00 p.m. and are usually held at 2000 Hwy. 78 N., Wylie, Texas in the City Council meeting chambers in City Hall, however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. SECTION 5: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of Ordinance No.2007-42 Ordinance Establishing Meeting Dates for 2008 Page 1 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 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of December, 2007. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2007-42 Ordinance Establishing Meeting Dates for 2008 Page 2 71 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 10-23-07 Item Number: D Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-04-07 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2007. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2007. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 30, 2007. Approved By Initial Date Department Director City Manager /14A (a-- 6 '0/ Page 1 of 1 11-28-2007 10:27 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 208,456.51 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 1000-10481 INTEREST RECEIVABLE 2,050.79 1000-11517 ACCTS REC - SALES TAX 124,515.36 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 2,423,394.99 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 1,735.67 1000-14410 DEFERRED CHARGE 195,610.00 3,122,613.32 TOTAL ASSETS 3,122,613.32 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 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 55.69 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 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 ( 381.48) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,229.42 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 195,610.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 0.00 TOTAL LIABILITIES 197,513.63 11-28-2007 10:27 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: OCTOBER 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 1,612,887.72 TOTAL EXPENSES 1,272,332.79 REVENUE OVER/(UNDER) EXPENSES 340,554.93 TOTAL EQUITY & OVER/(UNDER) 2,925,099.69 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 3,122,613.32 11-28-2007 10:27 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 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 4,296.64 1000-18220 Birmingham Loan 0.00 •4,296.64 TOTAL ASSETS 4,296.64 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 263,918.17 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 TOTAL LIABILITIES 1,569,463.23 EQUITY 3000-34590 FUND BALANCE ( 1,565,166.59) TOTAL BEGINNING EQUITY ( 1,565,166.59) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,565,166.59) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,296.64 11-28-2007 10:28 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 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 0.00 0.00 0.00 0.00 1,136,130.00 0.00 INTEREST INCOME 22,500.00 796.70 0.00 796.70 0.00 21,703.30 3.54 MISCELLANEOUS INCOME 63,840.00 5,200.00 0.00 5,200.00 0.00 58,640.00 8.15 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,222,470.00 5,996.70 0.00 5,996.70 0.00 1,216,473.30 0.49 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 ( 244,459.82) 0.00 ( 244,459.82) 1,596.38 2,020,563.44 13.66- TOTAL EXPENDITURES 1,777,700.00 ( 244,459.82) 0.00 ( 244,459.82) 1,596.38 2,020,563.44 13.66- REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) 250,456.52 0.00 250,456.52 ( 1,596.38) ( 804,090.14) 44.82- 11-28-2007 10:28 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 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 0.00 0.00 0.00 0.00 1,136,130.00 0.00 TOTAL TAXES 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 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 22,500.00 796.70 0.00 796.70 0.00 21,703.30 3.54 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 22,500.00 796.70 0.00 796.70 0.00 21,703.30 3.54 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,200.00 0.00 5,200.00 0.00 58,640.00 6.15 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 5,200.00 0.00 5,200.00 0.00 58,640.00 8.15 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 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 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,222,470.00 5,996.70 0.00 5,996.70 0.00 1,216,473.30 0.49 11-28-2007 10:28 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET i OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 11,854.76 0.00 11,854.76 0.00 145,195.24 7.55 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 580.00 0.00 0.00 0.00 0.00 580.00 0.00 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 0.00 0.00 1,710.00 0.00 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 8,400.00 646.16 0.00 646.16 0.00 7,753.84 7.69 5611-51220 PHONE ALLOWANCE 0.00 228.92 0.00 228.92 0.00 ( 226.92) 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 1,132.97 0.00 1,132.97 0.00 13,797.03 7.59 5611-51410 HOSPITAL & LIFE INSURANCE 17,940.00 1,565.24 0.00 1,565.24 0.00 16,374.76 8.72 5611-51420 LONG-TERM DISABILITY 880.00 71.64 0.00 71.64 0.00 808.36 8.14 5611-51440 FICA 10,400.00 170.42 0.00 170.42 0.00 10,229.58 1.64 5611-51450 MEDICARE 2,430.00 178.17 0.00 178.17 0.00 2,251.83 7.33 5611-51470 WORKERS COMP PREMIUM 850.00 548.00 0.00 548.00 0.00 302.00 64.47 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 215,710.00 16,396.28 0.00 16,396.28 0.00 199,313.72 7.60 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 31.39 0.00 31.39 114.87 6,853.74 2.09 5611-52040 POSTAGE 1,720.00 0.00 0.00 0.00 47.00 1,673.00 2.73 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 0.00 0.00 0.00 48.77 4,151.23 1.16 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 12,920.00 31.39 0.00 31.39 210.64 12,677.97 1.87 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 3,000.00 540.00 0.00 540.00 0.00 2,460.00 18.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 540.00 0.00 540.00 0.00 2,460.00 18.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 139,280.00 0.00 0.00 0.00 0.00 139,280.00 0.00 5611-56040 SPECIAL SERVICES 149,950.00 535.00 0.00 535.00 300.00 149,115.00 0.56 5611-56080 ADVERTISING 50,500.00 5,000.00 0.00 5,000.00 0.00 45,500.00 9.90 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 9,274.72 0.00 9,274.72 725.00 41,500.28 19.42 5611-56110 COMMUNICATIONS 6,020.00 95.00 0.00 95.00 0.00 5,925.00 1.58 5611-56180 RENTAL 17,330.00 2,119.34 0.00 2,119.34 0.00 15,210.66 12.23 5611-56210 TRAVEL AND TRAINING 31,350.00 18.00 0.00 13.00 135.08 31,196.92 0.49 5611-56250 DUES & SUBSCRIPTIONS 7,770.00 1,797.95 0.00 1,797.95 0.00 5,972.05 23.14 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 0.00 0.00 0.00 0.00 12,500.00 0.00 5611-56570 ENGINEERING - ARCHITECT SVC 70,020.00 984.00 0.00 984.00 0.00 69,036.00 1.41 5611-56610 UTILITIES - ELECTRIC 4,200.00 0.00 0.00 0.00 0.00 4,200.00 0.00 TOTAL CONTRACTUAL SERVICES 542,920.00 19,824.01 0.00 19,824.01 1,160.08 521,935.91 3.87 11-28-2007 10:28 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 9 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 250,000.00 20,235.78 0.00 20,235.78 0.00 229,764.22 8.09 TOTAL DEBT SERVICE & CAP. REPL 250,000.00 20,235.78 0.00 20,235.78 0.00 229,764.22 8.09 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 98,298.95 0.00 98,298.95 0.00 106,701.05 47.95 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58210 STREETS & ALLEYS 485,200.00 0.00 0.00 0.00 0.00 485,200.00 0.00 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 3,399.81 0.00 3,399.81 225.66 6,374.53 36.25 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 410,000.00) 0.00 ( 410,000.00) 0.00 410,000.00 0.00 TOTAL CAPITAL OUTLAY 726,700.00 ( 308,301.24) 0.00 ( 308,301.24) 225.66 1,034,775.58 42.39- OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 26,450.00 6,813.96 0.00 6,813.96 0.00 19,636.04 25.76 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 26,450.00 6,813.96 0.00 6,813.96 0.00 19,636.04 25.76 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 ( 244,459.82) 0.00 ( 244,459.82) 1,596.38 2,020,563.44 13.66- TOTAL EXPENDITURES 1,777,700.00 ( 244,459.82) 0.00 ( 244,459.82) 1,596.38 2,020,563.44 13.66- REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) 250,456.52 0.00 250,456.52 ( 1,596.38) ( 804,090.14) 44.82- *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Subledger October 31, 2007 Inventory- Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.00 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 105,000.0Q. Hughes 211 -212 Industrial 0.74 10,000 420,361.00 R.O.W. 0.18 41,585.00 Prime Kuts 207 Industrial 0.20 4,550 228,750.00 R.O.W. 0.11 n/a 76,250.00 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.00 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 JTM Sale -2.00 -51,032.00 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 30.23 2,423,395.00 *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 October 31, 2007 Notes Payable Payment Principal Interest Principal Balance September 30, 2007 $1,249,166.12 October Inwood(#24 of 120) $10,719.60 $7,319.77 $3,399.83 $702,697.52 Birmingham(#44 of 60) 5,741.48 5,200.94 540.54 87,463.64 Hughes(#15 of 120) 3,774.70 2,224.74 1,549.96 307,766.37 City of Wylie(#4 of 24) 6,813.96 6,222.49 591.47 130,270.67 Prime Kuts 228,750.00 Bowland/Anderson 80,000.00 October 31, 2007 $1,536,948.20 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF OCTOBER 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% J U N E 69,185 86,454 86,779 325 0.38% JULY 69,448 89,148 90,996 1,848 2.07% AUGUST 98,067 122,188 114,655 -7,533 -6.17% SEPTEMBER 70,260 69,876 99,715 29,839 42.70% OCTOBER 53,819 78,861 91,185 12,324 15.63% NOVEMBER 104,937 122,383 Sub-Total $885,609 $1,098,726 $1,063,634 $87,291 8.94% AUDIT ADJ TOTAL $885,609 $1,098,726 $1,063,634 $87,291 8.94% WEDC SALES TAX ANALYSIS $140,000 -- $120,000 - I1 -- $100,000 --" I72 iiliili'i]ii a, Z' U - m C ='CA N 8 N E7 2 m Q 2 -" = n -CD 2o a CD O 0 CO Z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2007 Item Number: 1 (City Secretary's Use Only) Department: Police Department Prepared By: Asst. Chief John Duscio Account Code: Date Prepared: October 12, 2007 Budgeted Amount: N/A Exhibits: Curfew Ordinance 2005-08 Subject Hold the second and final Public Hearing on the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08 and consider, and act upon, the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. Recommendation Motion to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. Discussion Texas Local Government Code § 370.002 (a) states that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order. This ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles under the age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at higher risk of becoming a victim of crime or becoming involved in criminal activity. In 2006 Wylie officers issued 22 citations for curfew violations. From January 1, 2007 to the date this report was completed, October 12, 2007,officers have issued 23 curfew citations Section 370.002 (b) states: (b) Failure to act in accordance with Subsections (a) (1)-(3) shall cause the ordinance or order to expire. The Ordinance was passed January 25, 2005 and would expire January 25, 2008 if no action is taken. Staff is recommending that we continue the current ordinance. Approved By Initial Date Department Director JD 10/3/1/07 City Manager I I vV (�-�O 0 Page 1 ORDINANCE NO.2005-08 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS REPEALING WYLIE ORDINANCE NOS.79-23,95-2 AND 95-3;ESTABLISHING A CURFEW FOR MINORS FOR THE CITY OF WYLIE, TEXAS; CREATING OFFENSES FOR MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS; DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT;PROVIDING FOR WAIVER OF JURISDICTION BY THE COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING FOR REVIEW OF THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated and determined that there has been an increase in juvenile violence,juvenile gang activity and crime by persons under the age of seventeen(17)in the City of Wylie,Texas("Wylie"); and WHEREAS,the City Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City Council, on behalf of Wylie and its citizens, has an obligation to provide for the protection of minors from each other and from other persons;for the enforcement of parental control over and responsibility for children;for the protection of the general public;and for the reduction of incidence of juvenile criminal activities; and WHEREAS,the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to repeal Ordinance Nos. 79-23, 95-2 and 95-3; and WHEREAS,the City Council has further investigated and determined that it is in the best interests of Wylie and its citizens to establish a curfew for those under the age of seventeen(17),as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives;and diminish the undesirable impact of such conduct on the citizens of Wylie. 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. 79-23,95-2 AND 95-3 REPEALED. Wylie Ordinance Nos.79-23,95-2 and 95-3 are hereby repealed. Such repeal shall not abate any pending prosecution ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 1 for violation of the repealed Wylie Ordinance Nos.79-23,95-2 and 95-3,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Wylie Ordinance Nos. 79-23, 95-2 and 95-3. SECTION 3: DEFINITIONS. 3.1 For the purposes of this Ordinance, when not inconsistent with the context, words used in the present tense include the future tense,words in the plural include the singular,and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. Words not defined in this Section shall be given their common and ordinary meaning. 3.2 For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meaning given in this Section 3.2. (A) CURFEW HOURS means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (B) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. (C) ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. (D) GUARDIAN means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court. (E) MINOR means any person under seventeen(17)years of age. (F) OPERATOR means any individual, firm, association, partnership or corporation operating,managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers and directors of a corporation. ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 2 (G) PARENT means a person who is: (1) a natural parent,adoptive parent or step-parent of another person;or (2) at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. (H) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes,but is not limited to,streets,highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (I) REMAIN means to: (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises. (J) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. SECTION 4: OFFENSES. 4.1 A minor commits an offense if he remains in any public place or on the premises of any establishment within Wylie during curfew hours. 4.2 A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within Wylie during curfew hours. 4.3 The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. SECTION 5: DEFENSES. 5.1 It is a defense to prosecution under Section 4 that the minor was: (A) accompanied by the minor's parent or guardian; (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity,without any detour or stop; ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 3 (E) involved in an emergency; (F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by Wylie,a civic organization or another similar entity that takes responsibility for the minor or going to or returning home from,without any detour or stop,an official school,religious or other recreational activity supervised by adults and sponsored by Wylie, a civic organization or another similar entity that takes responsibility for the minor; (H) exercising First Amendment rights protected by the United States Constitution,such as the free exercise of religion,freedom of speech and the right of assembly; or (I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code, as amended. 5.2 It is a defense to prosecution under Subsection 4.3 that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. SECTION 6: ENFORCEMENT. Before taking any enforcement action under this Section,a peace officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that,based on any response and other circumstances,no defense in Section 5 is present. SECTION 7: PENALTIES. 7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore,shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each and every day that such violation continues shall be considered a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. 7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to the appropriate court. SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of the adoption of this Ordinance, and every third year thereafter,the City Council shall: ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 4 (A) review the effects of the Ordinance on the community and on problems the Ordinance was intended to remedy; (B) conduct public hearings on the need to continue the Ordinance; and (C) abolish, continue, or modify the Ordinance. The failure of the City Council to act in accordance with this Section shall cause this Ordinance to expire without further action by the City Council. SECTION 9: 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. SECTION 10: 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 thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 11: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 25th day of January 2005. /I ✓ JO MON Y, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: OF lNy�%, 't� r SPAL ;(/*--/ = E C OLE EH I , City Secretary%. Date of publication in The Wylie News-February 2,2005 ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: 1 1/07/07 Budgeted Amount: Exhibits: One Subject (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2005-28 Article 3 (Residential District Regulations) as it relates to Yard Requirements. Recommendation Motion to amend Zoning Ordinance 2005-28 Article 3 (Residential District Regulations) as it relates to Yard Requirements. Discussion After careful review and consideration a change in the ordinance is recommended to allow for the construction of attached patio covers that may not otherwise be possible under the current ordinance. The current ordinance does not take into consideration the multitude of residential homes that are built on or near the rear building set- back lines. In addition, many of these homes are built with pre-poured concrete patios that extend from the main structure into the rear yard set-back. Under the current ordinance, no cover can be constructed over these patios without a variance. Over the past several months, numerous cases have come before the Zoning Board of Adjustment (ZBA) requesting variances to the ordinance for set back requirements in order to build a non-enclosed patio cover. In all of these cases the requests were granted. At its October 16, 2007 meeting, the Planning and Zoning Commission considered and discussed the potential amendments. However, the Commission directed staff to further research materials and wording, roofing types, distance, and size for non-enclosed patio covers. At its November 6, 2007 meeting, the Planning and Zoning Commission continued such discussions and reviewed additional information presented by staff It was further determined that the material type is controlled by the Building Inspections Department at the time of permitting. The property owner/applicant must submit construction plans to the Building Department for review and approval. At that time, the Plans Examiner will review for compliance with zoning ordinance and all applicable building codes. The specific wording of the proposed ordinance revision will allow for the maximum amount of flexibility for the citizens, as the lot coverage limits size and the building code will limit materials, while maintaining the spacing, aesthetics, safety, and consistency within Wylie neighborhoods. As part of the amendment, it is recommended that maximum lot coverage be added to the development Page 1 of 3 Page 2 of 3 standards for all residential districts except Multifamily. The recommended coverage ranges from 45%-60% depending on the zoning district. This amendment will place limits to the percentage of a lot that may be covered with an impervious surface such buildings, decks and patios. This amendment would limit excessively large patio covers while still allowing for flexibility in design and placement. This additional amendment also makes Wylie consistent with other nearby cities yet conforms with the philosophy of the Comprehensive Plan in providing adequate open space (light, air and vegetation). The residential lot coverage for Figures 3-1 (AG/30), 3-2 (SF-1A/30), 3-4 (SF-20/26), and 3-5 (SF-10/24) shall be 45%. Figure 3-7 (TH) shall be 60% and Figure 3-9 (MH) shall have of lot coverage of 50%. In considering the lot coverage, staff drew on knowledge and best practices as well as researched surrounding city ordinances. Typically, lots within a Manufactured Home Subdivision District are long and narrow, thereby limiting the overall size of the lot and providing for a smaller rear yard. The 50% lot coverage recommended for this district would aide in limiting the size of accessory structures allowed including patio covers. This amendment does not allow for patios to be permanently enclosed and/or serve as an occupied inhabitable space. If the property owner wishes to initially, or at a later date build a permanently enclosed patio, the current setback requirements for that property must be met or the property owner must seek a variance from ZBA in accordance with Article 8, Section 8.4 of the current Zoning Ordinance prior to any construction and permits being issued. The proposed ordinance revisions would be keeping with the intent of the current ordinance, maintains safety and aesthetics, and potentially reduce energy use by limiting direct sunlight exposure into homes. Therefore, the recommended revision is to insert the following paragraph into Subsection 4 (Additional Provisions) of Sections 3.1, 3.2, and 3.3. that reads: "Non-Enclosed attached patio covers, although an addition to and part of the main structure, shall be exempt from the rear yard set back requirements above. Patio covers shall be allowed to extend into the rear setback no closer than 10 feet from the rear property line provided maximum lot coverage is not exceeded." The following lot coverage shall be made a part of Article 3 Residential District Regulations: Figure 3-1 -Agricultural District(AG/30) Yard Requirements—Main Structures Lot Coverage 45% Figure 3-2 -Single Family 1 Acre District(SF-IA/30) Yard Requirements—Main Structures Lot Coverage 45% Figure 3-4-Single Family 20 District(SF-20/26) Yard Requirements—Main Structures Lot Coverage 45% Figure 3-5 -Single Family 10 District(SF-10/24) Yard Requirements—Main Structures Lot Coverage 45% Figure 3-7 -Townhouse District(TH) Yard Requirements—Main Structures Lot Coverage 60% Figure 3-9 - Manufactured Home Subdivision (MH) Yard Requirements—Main Structures Lot Coveraae 50% Page 3 of 3 Approved By Initial Date Department Director /RO 11/19/07 y� City Manager I I % yV \ r4-(6101 Pri Item No. 2 ZBOAublic Hea Case Nong . 2005-01 gym, r :" • Eastern view of patio, backyard, and back door via fence,: ; ems ; 3' r ... ryaJ a ,ir,.-`.,,; +,we r7.-mom, € ,P_ r^. #^5'` ' '.TM, 'y k z .. ti , Southern view of patio and backyard ZBA 2007 06 Example of the Proposed patio cover :,:.-. .:__„ :_.-__::: -_,=_ - ""S"---7-'7--•-••'''Z'''''''''' '',:r=F1-=---..:7"..7.-"-__=••,.:.•%•'-4=7--,•=•.-‘-•-•• •`....-,--.....-.. =--.% ..... ....---.--7,- --• -.:±1.. . .-3.7. -',•7' .......-- -- ---••'''.7's.••••-•••••••••,.-- ---- ., ...etamar......., ''..r.' . . . .:1,- 7___:-.7".•":::„. ...- -...ir owertomr - .,. . ..."....„ - / p • ......--"V","...1160....". `r. • r- , -..., —a "v ....r.raarro...romr......••• ...q. .0"*""" r a...-....,.1•raserr-mmar-sar - ....,.-"`'.."Ea CMEMOS.' .04....,411=' -^lir14.34•Tdo• . -........oc.,Cat.i ...d..• oar....go• • I' - •....-L.....,....liCaa -..."'". U.......:. ..,,,,,wm..a...,syor ..a...4,........A.K.,,...i4,--_...=-ft'S, - 1 v.....,,-^ , ..grow/A...,....at,.--.---. --....--....L.... ... •••.# ,....dar.'--'.r-t-o,..or...---ar.... ' • ,.." ,ffika........‘,-....,, ..„_„„ +a,--,...":„,•_„,,,,,,,,,,-„.. -- /2 ', •' ..'..: "t.....17/ " ^"...---ii''a'.....' '' Li-'1'.,S.,A.if' "It ..."'-. ... -.•-•.-W-'2.„,..-..." ••/.....,.,„" ‘"?'..'.......,....,.....41,174.!.....?+.1.4.1"... ''......: e....;:f &1, .. ...--_..• . ,--,Uv.....,... -.:7-4: ...t., —_..........- , ,,,•••• - -1g.-_--,---7-.F. -. . ...,_...„,.. —_ _ - .-• _ ,, - . .,-.-•-*'°''' ,/ '_'2, _ - - t, 4-11 OPY0P4rf I ' 1 1 ,„,• * -'' „ir ,.,y -.•-•- ! 1",,— • • - I i .1 ' )i'I i ) ,. , •1 ,. - .L.,,- , r ..."...e — Id' .71_L., .,,....A. si - .•, ''•-, . „1 . k., 41 , ........ . — --•,- . , • , i7,• ...,• ,,,,,,, , ---.---I „4,4,1".",,,,.,,,,44,7/14.,1„. 11-4.,;‘,..,:,,,,,, rip ° - fro.,wt .^, x{ t/ i 4 x JJ :4 _./. , a , t ~n ° {- ?+,t4' IT tg -ri=- -- i Iit1 -- ' t . t3 4I'`tJ' r , lle � . ~_ ,t ,� t't wy • , • *1,r j 1 ".- tea' •4 . ' " {` i- G„ .. �.. *'! d - f`'i,'-- ' `Z='f$`^N' ` *' .ate .; 'i'"'.6.. S„ ,1 Ott I .,rr • ' 12, L r,X ' ), ? 1r.ir x,- ce" .. �.�.... ,..___ -° .•:. .r.,.1 ,-.. tea ,;.,, _ a �Z. 1 ; L. . 0 r; I 1. •el 2 /4 ...... y� t • . 7- it L ii ; i r, /7_, fr. __/- i. if 1..,,,) i, I t...4 , .\ 4 .,y, v , v_ - . , 1;`'e,,-1-',,r1-i-).,7-,-,,-...'.7"i s.,. ( i-h ( T _f '11 � ,.i ‘1.,.„.*.,.t.‘ f t _ i tA • L /± \ � \ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 12-11-07 Item Number: 3 (City Secretary's Use Only) Department: Finance Department Prepared By: Larry Williamson Account Code: Date Prepared: 11-29-07 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2007-41(R) declaring expectation to reimburse expenditures with proceeds of future debt. Recommendation Motion to approve Resolution No. 2007-41(R) declaring expectation to reimburse expenditures with proceeds of future debt. Discussion The Texas Constitution requires a city to have funds on hand sufficient to fund any contract entered into. Because the Certificates of Obligation's proceeds will not be available until early January 2008, the city is declaring that it has other monies on hand to enable a construction contract for the new fire station. In order for the city to reimburse the General Fund for monies it may spend on the fire station prior to funding of the Certificates of Obligation, this reimbursement Resolution is required. Approved By Initial Date Department Director n LW� 11/29/07 City Manager a V I v /oJ Page 1 of 1 RESOLUTION NO. 2007-41(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. WHEREAS, the City of Wylie, Texas (the "Issuer") intends to issue debt for constructing and equipping improvements for Fire Station No. 3, (the "Project") and further intends to make certain capital expenditures for the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. §1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures withproceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: That the Issuer reasonably expects to reimburse capital expenditures with respect to the Project from funds on hand with the proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,000,000. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WYLIE this the 11th day of December 2007. Mayor ATTEST: City Secretary Resolution No.2007-41(R) Declaring expectation to Reimburse Expenditures 70117509.1/10715955 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2007 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: October 29, 2007 Budgeted Amount: Ordinance, Term Sheet, Uses of Funds, Amortization Schedule, and Schedule of Exhibits: Events Subject (MOTION TO REMOVE FROM TABLE) Consider, and act upon, all matters incident and related to the issuance and sale of$2,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007B", including the adoption of an Ordinance No. 2007-43 authorizing the issuance of such Certificates of Obligation. Recommendation Motion to approve all matters incident and related to the issuance and sale of$2,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007B", including the adoption of Ordinance No. 2007-43 authorizing the issuance of such Certificates of Obligation. Discussion The City approved a 5 year Capital Improvement Plan (CIP) which identified Fire Station #3 as being funded with Certificates of Obligations. The City negotiated with American National Bank on the interest rate using the JJ Kenny index for A rated tax-exempt securities with an average life of 13 years. A rate of 4.40% was agreed upon. The debt service for these obligations is included in the City's I&S tax levy for this year. This ordinance authorizes the sale of these Certificates of Obligation to American National Bank at a coupon rate of 4.40 %, with closing scheduled for early January, 2007. Approved By Initial Date Department Director LW 10/2 /07 City Manager fil0 I a () ( v/1 Page 1 of 1 ORDINANCE NO. 2007- AN ORDINANCE authorizing the issuance of "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007E"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Letter; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of$2,100,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: constructing and equipping improvements for fire station no. 3, and (ii) professional services rendered in relation to such project and the financing thereof; has been duly published in The Wylie News on October 31, 2007 and November 7, 2007, the date the first publication of such notice being not less than thirty-one (31) days prior to the tentative date stated therein for the adoption of the ordinance authorizing the issuance of such certificates; and WHEREAS, the City Council convened on November 27, 2007 (the date stated in the above mentioned notice as the tentative adoption date of this ordinance) and determined to postpone the adoption of this ordinance until the date hereof; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that the certificates of obligation described in the aforesaid notice should be issued and sold at this time in the amount and manner as hereinafter provided; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $2,000,000, to be designated and bear the title "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007B" (hereinafter referred to as the "Certificates"), for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: constructing and equipping improvements for fire station no. 3, and (ii) professional services rendered in relation to such project and the financing thereof; pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated December 1, 2007 (the "Certificate Date") and shall be in denominations of $5,000 or any 70116732.1 /10715955 integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2009 $ 65,000 4.40% 2010 65,000 4.40% 2011 70,000 4.40% 2012 70,000 4.40% 2013 75,000 4.40% 2014 80,000 4.40% 2015 85,000 4.40% 2016 85,000 4.40% 2017 90,000 4.40% 2018 95,000 4.40% 2019 100,000 4.40% 2020 105,000 4.40% 2021 110,000 4.40% 2022 110,000 4.40% 2023 120,000 4.40% 2024 125,000 4.40% 2025 130,000 4.40% 2026 135,000 4.40% 2027 140,000 4.40% 2028 145,000 4.40% The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing August 15, 2008. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of The American National Bank of Texas, Wylie, Texas, to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, 70116732.1/10715955 2 and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Wylie, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on any interest payment date at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying 70116732.1/10715955 3 Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate (other than the Initial Certificate(s) authorized in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates (other than the Initial Certificate(s) authorized in Section 8 hereof) may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying 70116732.1/10715955 4 Agent/Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 18 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1201, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8(c), manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 8(d), manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. 70116732.1/10715955 5 SECTION 7: Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount stated in Section 1 hereof with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: Forms. (a) Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. (b) Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2007B 70116732.1/10715955 6 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: December 1, 2007 4.40% February 15, Registered Owner: Principal Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the "Registration Date" of this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Certificate is prior to the initial interest payment date in which case it shall bear interest from the Certificate Date) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing August 15, 2008. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $2,000,000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: constructing and equipping improvements for fire station no. 3, and (ii) professional services rendered in relation to such project and the financing thereof; under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). 70116732.1/10715955 7 The Certificates may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on any interest payment date at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sanitary Sewer System (the "System"), such pledge of the Net Revenues for the payment of the Certificates being limited to an amount of$1,000 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (as defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no 70116732.1/10715955 8 longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 70116732.1/10715955 9 IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF WYLIE, TEXAS Mayor COUNTERSIGNED: City Secretary (Seal) (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) OF PUBLIC ACCOUNTS ) REGISTER NO. THE STATE OF TEXAS ) I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) 70116732.1/10715955 10 (d) Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated office of the Paying Agent/Registrar located in Wylie, Texas, is the "Designated Payment/Transfer Office" for this Certificate. THE AMERICAN NATIONAL BANK OF TEXAS, Wylie, Texas, as Paying Agent/Registrar Registration Date: By Authorized Signature (e) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it Signature guaranteed: appears on the face of the within Certificate in every particular. 70116732.1/10715955 11 (f) The Initial Certificate(s) shall be in the form set forth in paragraph (b) of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: REGISTERED REGISTERED NO. T-1 $2,000,000 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2007B Certificate Date: December 1, 2007 Registered Owner: The American National Bank of Texas, Wylie, Texas Principal Amount: TWO MILLION DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing August 15, 2008. Principal installments of this Certificate are payable at its Stated Maturity or on a redemption date to the registered owner hereof by The American National Bank of Texas, Wylie, Texas (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Wylie, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same 70116732.1/10715955 12 force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 9: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007B" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and 70116732.1/10715955 13 Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 19 hereof; and (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 18 hereof. (j) The term "Previously Issued Certificates" shall mean the outstanding "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005", dated January 1, 2005 and "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007", dated March 15, 2007. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Wylie, Texas Waterworks and Sewer System Revenue Bonds, Series 1999", dated September 1, 1999, and originally issued in the aggregate principal amount of $1,380,000, (2) "City of Wylie, Texas, Waterworks and Sewer System Revenue Bonds, Series 2000", dated August 15, 2000, and originally issued in the aggregate principal amount of$1,720,000, and (3) "City of Wylie, Texas, Waterworks and Sewer System Revenue Bonds, Series 2002", dated September 15, 2002, and originally issued in the aggregate principal amount of$1,150,000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Previously Issued Certificates and the Certificates. (I) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water carried wastes, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term "System" shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not bonds but which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the bonds including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities. 70116732.1/10715955 14 SECTION 10: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2007B TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be kept and maintained in a special banking account at the City's depository bank. The Mayor, Mayor Pro Tern, City Manager, Finance Director, and City Secretary of the City, individually or collectively, are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 11: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, within the limitations prescribed by law, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated 70116732.1/10715955 15 and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Net Revenues of the System, and any other lawfully available revenues which are appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. Accrued interest received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 12: Limited Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1,000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of$1,000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on an parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates until such time as the City shall pay all of such $1,000 after which time the pledge shall cease hereof. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding and fully perfected from and after the date of adoption of this Ordinance without physical delivery or transfer or transfer of control of the Net Revenues, the filing of this Ordinance or any other act; all as provided in Chapter 1208 of the Texas Government Code. Section 1208, Texas Government Code, applies to the issuance of the Certificates and the pledge of the Net Revenues of the System granted by the City under this Section 13, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding such that the pledge of the Net Revenues of the System granted by the City under this Section 13 is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. 701167321/10715955 16 SECTION 13: System Fund. The City hereby covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "Water and Sewer System Fund" (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: FIRST: To the payment of all necessary and reasonable Maintenance and Operating Expenses as defined herein or required by statute to be a first charge on and claim against the Gross Revenues thereof. SECOND: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. THIRD: Equally and ratably, to the payment of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 15: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under V.T.C.A, Government Code, Sections 1502.56 and 1502.58 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the outstanding Prior Lien Obligations, the Previously Issued Certificates and the Certificates, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. SECTION 16: Issuance of Prior Lien Obligations and Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and secured in such manner as the City Council may determine. Additionally, the City reserves the right without any limitations or restrictions to issue additional obligations payable (in whole or in part) from and secured by 70116732.1/10715955 17 lien on and pledge of the Net Revenues of the System of equal rank and dignity with the lien on and pledge of such Net Revenues securing the payment of the Previously Issued Certificates and the Certificates. SECTION 17: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the pledge of revenues herein made for the payment and security of the Certificates. SECTION 18: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 19: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. 70116732.1/10715955 18 Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 20: Ordinance a Contract-Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. 70116732.1/10715955 19 SECTION 21: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: 70116732.1/10715955 20 (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section 148(f) of the Code and the Regulations and rulings thereunder: 70116732.1/10715955 21 (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in Section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States from the construction fund, other appropriate fund, or if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Certificate Fund, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. 70116732.1/10715955 22 (j) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tern, City Manager, Finance Director and City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 22: Sale of Certificates. The offer of American National Bank of Texas, Wylie, Texas (herein referred to as the "Purchasers") to purchase the Certificates in accordance with a purchase letter, dated December 11, 2007, attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes is hereby accepted and the sale of the Certificates to said Purchasers is hereby approved and authorized. The Mayor and City Secretary are hereby authorized and directed to sign the acceptance clause of said letter for and on behalf of the City and as the act and deed of this City Council. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale SECTION 23: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, and the amount, if any, to be used to pay the costs of issuing the Certificates, shall be deposited in a fund maintained at a depository bank of the City. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in any authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, as amended, including guaranteed investment contracts permitted by V.T.C.A., Section 2256.015 et seq., and the City's investment policies and guidelines, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest received from the Purchasers as well as any investment earnings remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. Any surplus proceeds of sale may be deposited to the Certificate Fund. SECTION 24: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tem, City Secretary, Finance Director and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 25: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to 70116732.1/10715955 23 the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 26: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 27: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the Certificates delivered to the Purchasers or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 28: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 29: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 30: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 31: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 70116732.1/10715955 24 SECTION 32: Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. SECTION 33: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 34: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 35: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 36: Effective Date. This Ordinance shall take effect and be in full force from and after its adoption on the date shown below in accordance with V.T.C.A., Government Code, Section 1201.028, as amended. [remainder of page left blank intentionally] 70116732.1/10715955 25 PASSED AND ADOPTED, this December 11, 2007. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 70116732.1/10715955 S-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT 70116732.1/10715955 A-1 EXHIBIT B PURCHASE LETTER 70116732.1/10715955 B-1 City of Wylie TERM SHEET $2,000,000 Certificates of Obligation Series 2007B PURCHASER: American National Bank PRINCIPAL AMOUNT OF CERTIFICATES: $2,000,000 PURPOSE: Construction of Fire Station #3 BANK QUALIFIED: No DATED DATE: December 1, 2007 INTEREST RATE: 4.40 % TERM: 20 years; level debt service; semi- annual debt service payments. TAX- EXEMPT INTEREST: Interest will be exempt for federal income taxes purposes. Opinion to be given by Fulbright & Jaworski. SECURITY: The loan constitutes a direct obligation of the City, payable from a direct and continuing ad valorem tax levy. REDEMTION: The City reserves the right, at its option to redeem the Obligations in whole or in part at par plus accrued interest without penalty on any Interest Payment Date INTEREST PAYMENT DATE: Interest on the loan will be payable February 15 and August 15 of each year; beginning August 15, 2008 and continuing until the principal has been retired. PAYMENT OF PRINCIPAL: Principal on the loan will be payable beginning on February 15, 2009 and payable each February 15 thereafter with the final principal payment being made on February 15, 2028. CONTACT INFORMATION: Larry Williamson; Finance Director; City of Wylie, Texas; (972) 442-8141; larry.williamson@wylietexas.gov FIRE STATION#3 USES OF FUNDS ITEMS AMOUNT Construction Bid $2,843,777 Wiginton Hooker $255,939 Material Testing $25,000 Utility Relocation $120,000 Legal $10,000 Total $3,254,716 Less Prior Borrowin• $1,500,000 City of Wylie Certificates of Obligation, Series 2007 Sources & Uses Dated 12/01/2007 I Delivered 12/20/2007 Sources Of Funds Par Amount $2,000,000.00 Accrued Interest from 12/01/2007 to 12/20/2007 4,644.44 Total Sources $2,004,644.44 Uses Of Funds Available for Project 2,000,000 00 Deposit to Debt Service Fund 4,644.44 Total Uses $2,004,644.44 2007 CO I SINGLE PURPOSE I 10/29/2007 I 4:18 PM Lawrence Financial Consulting LLC Dallas, Texas Page 1 City of Wylie Certificates of Obligation, Series 2007 Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+l Fiscal Total 12/20/2007 - - - - - 08/15/2008 - 62,088.89 62,088.89 09/30/2008 - - - - 62,088.89 02/15/2009 65,000.00 4.400% 44,000.00 109,000.00 - 08/15/2009 - - 42,570 00 42,570.00 09/30/2009 151,570.00 02/15/2010 65,000.00 4.400% 42,570.00 107,570.00 - 08/15/2010 - - 41,140.00 41,140.00 - 09/30/2010 - - - - 148,710.00 02/15/2011 70,000.00 4.400% 41,140.00 111,140.00 08/15/2011 - - 39,600.00 39,600.00 - 09/30/2011 - - - - 150,740.00 02/15/2012 70,000.00 4.400% 39,600.00 109,600.00 - 08/15/2012 - - 38,060.00 38,060.00 - 09/30/2012 147,660.00 02/15/2013 75,000 00 4.400% 38,060.00 113,060.00 - 08/15/2013 - - 36,410.00 36,410.00 - 09/30/2013 - - - - 149,470.00 02/15/2014 80,000.00 4.400% 36,410.00 116,410.00 - 08/15/2014 34,650 00 34,650 00 - 09/30/2014 - 151,060.00 02/15/2015 85,000.00 4.400% 34,650.00 119,650.00 - 08/15/2015 - - 32,780.00 32,780.00 - 09/30/2015 - - - - 152,430.00 02/15/2016 85,000 00 4.400% 32,780.00 117,780 00 08/15/2016 30,910.00 30,910.00 - 09/30/2016 - - - - 148,690.00 02/15/2017 90,000.00 4.400% 30,910.00 120,910.00 - 08/15/2017 - - 28,930.00 28,930.00 - 09/30/2017 - 149,840.00 02/15/2018 95,000.00 4.400% 28,930.00 123,930.00 - 08/15/2018 - - 26,840.00 26,840.00 - 09/30/2018 - - - - 150,770.00 02/15/2019 100,000.00 4.400% 26,840.00 126,840.00 - 08/15/2019 - 24,640 00 24,640.00 09/30/2019 151,480.00 02/15/2020 105,000.00 4.400% 24,640.00 129,640.00 - 08/15/2020 - - 22,330.00 22,330.00 - 09/30/2020 - - - - 151,970.00 02/15/2021 110,000.00 4.400% 22,330 00 132,330 00 - 08/15/2021 19,910.00 19,910.00 - 09/30/2021 - - - - 152,240.00 02/15/2022 110,000.00 4.400% 19,910.00 129,910.00 - 2007 CO I SINGLE PURPOSE I 10/29/2007 I 4:18 PM Lawrence Financial Consulting LLC Dallas, Texas Page 2 City of Wylie Certificates of Obligation, Series 2007 Debt Service Schedule Part 2 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 08/15/2022 - - 17,490.00 17,490.00 - 09/30/2022 - 147,400.00 02/15/2023 120,000.00 4.400% 17,490.00 137,490.00 - 08/15/2023 - - 14,850.00 14,850.00 - 09/30/2023 - - - - 152,340.00 02/15/2024 125,000.00 4.400% 14,850.00 139,850.00 - 08/15/2024 12,100 00. 12,100 00 - 09/30/2024 - 151,950.00 02/15/2025 130,000.00 4.400% 12,100.00 142,100.00 - 08/15/2025 - - 9,240.00 9,240.00 - 09/30/2025 - - - - 151,340.00 02/15/2026 135,000.00 4.400% 9,240 00 144,240 00 - 08/15/2026 6,270.00 6,270.00 - 09/30/2026 - - - - 150,510.00 02/15/2027 140,000.00 4.400% 6,270.00 146,270.00 - 08/15/2027 - - 3,190.00 3,190.00 - 09/30/2027 - - 149,460.00 02/15/2028 145,000.00 4.400% 3,190.00 148,190.00 - 09/30/2028 - - - - 148,190.00 Total $2,000,000.00 - $1,069,908.89 $3,069,908.89 - Yield Statistics Accrued Interest from 12/01/2007 to 12/20/2007 4,644.44 Bond Year Dollars $24,316.11 Average Life 12.158 Years Average Coupon 4 4000000% Net Interest Cost(NIC) 4.4000000% True Interest Cost(TIC) 4 3982187% Bond Yield for Arbitrage Purposes 4.3982187% All Inclusive Cost(AIC) 4.3982187% IRS Form 8038 Net Interest Cost 4.3808997% Weighted Average Maturity 12.158 Years 2007 CO I SINGLE PURPOSE I 10/29/2007 I 4:18 PM Lawrence Financial Consulting LLC Dallas. Texas Page 3 City of Wylie Schedule of Events $2,000,000 Certificates of Obligation Series 2007B 10/23/2007 Council Passes Resolution Authorizing Notice of Intent Publication for Certificates of Obligation 10/31/2007 First Publication of Notice of Intent to Issue 11/07/2007 Second Publication of Notice of Intent to Issue 11/27/2007 Council to Postpone Adoption of Ordinance until December 11th City Council Meeting 12/11/2007 City Adopts CO Ordinance, Awards CO's to American National Bank and Approves Reimbursement Agreement 01//09/2008 Closing and Delivery of Funds Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2007 Item Number: 5 (City Secretary's Use Only) Department: Purchasing Prepared By: Jim Holcomb Account Code: Date Prepared: December 4, 2007 Budgeted Amount: Letter of recommendation, Exhibits: Bid Subject Consider, and act upon, approval and award of a bid for the construction of Fire Station Number 3. Recommendation Motion to award a bid, in the amount of$2,843,777.00, to J.C. Commercial, Inc. for the construction of Fire Station Number 3. Discussion The City's 2006 General Obligation Bonds provided $1,500,000 for the construction of Wylie Fire Station Number 3. Subsequent construction cost estimates indicated that at least twice that amount would be needed to construct the facility as designed. Council has agreed to provide additional funding in the amount of $2,000,000. Competitive sealed bids have been solicited for the construction in accordance with Chapter 252 of the Texas Local Government Code. The following bids were received: J.C. Commercial- $2,843,777 Alshall Construction- $2,890,786 3i Construction- $2,910,800 CME Builders- $2,998,000 Prime Construction- $3,055,000 Meridian Commercial- $3,247,000 Sherrill Construction- $3,400,080 References for J.C. Commercial with regard to job performance and financial responsibility are positive and their bid provides the best value for the City. Staff therefore would recommend acceptance of the bid from J.C. Commercial for the construction of Fire Station Number 3. Approved By Initial Date Department Director RC 12/4/07 City Manager fiqm IR )4710/ Page 1 of 1 II WIGINTON HOOKER JEFFRY , PC II _DJ N_ i2ertrai Expre:s;aaq ._t,te 300 Plane. ,ryas /' 114 oh '4/2.66S-OE51 IS 0/ C/S.0666 wvw , hiar;_h.com November 30, 2007 Chief Randy Corbin 801-A S HWY 78 STE 204 Wylie, Texas 75098-5502 Re: Fire Station 3 Chief Corbin: We have reviewed the qualification statements and references for J.C. Commercial, Inc. This firm was the low bidder on Fire Station 3 that bid November 16, 2007. J.C. Commercial, Inc. submitted a bid in the amount of $2,843,777. After checking references for J.C. Commercial, we can find nothing that would eliminate them from consideration. Project references were generally good with regard to job performance and schedule. Trade, bonding and financial references were also positive. The City may want to do an additional background check thru their attorney, but we have found no reason The City of Wylie should not move forward and award the project J.C. Commercial, Inc. We look forward to moving this project into the construction phase. Please let us know if we can be of any further assistance regarding the bid and award of this project. Sincerely, Wie o Hooker •-ffry, P.C. - rchitects 4 Douglas A. ey, Associate(AIA \. ID kit.AS AI; S Y t N HOUSTON BID TABULATION FORM FIRE STATION 3 Wylie,Texas Date: November 1 6 ,20 07 Proposal of J.C. Commercial, Inc. (hereinafter called "Bidder"), a(corporation)(part:rtersitip)(se-le proprietersf»p)-(indrvidtral)-(Bidder strike out inapplicable terms). City Manager of the City of Wylie,Texas(hereinafter called"Owner"). 1. The undersigned,in compliance with the"Notice to Contractors"for the construction of Fire Station No.3, located at 1016 East Brown Street,Wylie,TX,submits the following Bid. Representations: bidder hereby represents that Bidder will: A. Accept the provisions of the Bidding Documents. B. Enter into and execute a Contract with the Owner ten(10)days after Notification of Award and will furnish the required bonds. C. Accomplish the work in accordance with the Contract Documents. D. This Bid will not be withdrawn for a period of sixty(60)days from the date of Bid opening. E. Time is the essence of this Contract,and that Bidder understands and accepts the liquidated damages clause stipulated in the Contract Documents. 2. Time of Completion: Bidder will commence work upon receipt of a Notice to Proceed from the Owner and will achieve Substantial completion of the Work as follows: THREE HUNDRED(300)calendar days after the Notice to Proceed. 3. Base Bid Amount: Bidder proposes to construct Fire Station No. 3 for the stipulated sum of c, 0\11,( { and 00/100 Dollars($,. ,1 .., I t A ) Fire Station 3, Wylie,TX October 19, 2007 WHJ Architect Project No. 0609 Bid Proposal 00009-2 SECTION 00009—BID PROPOSAL FIRE STATION 3-THE CITY OF WYLIE,TEXAS The undersigned, as bidder, declares (1)that the only person or parties interested in this proposal as principals are those named herein; (2) that this proposal is made without collusion with any other person, firm, or corporation; (3) that bidder has carefully examined the Form of Contract, Notice to Contractors, specifications and the plans therein referred to; and (4) that bidder has carefully examined the locations, conditions, and classes of materials of the proposed work. The undersigned agrees that bidder will provide all the necessary labor, machinery,tools apparatus, and other items incidental to construction and will do all work and furnish all the materials called for in the contract and specifications in the manner prescribed therein. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be necessary to complete the work fully as planned and contemplated,and that all quantities of work increased or decreased,are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions. Similarly,they may be decreased to cover deletions of work so ordered. It is understood that the work is to he completed in full within the time designated. Accompanying this proposal is a cashier's check,certified check, or a bid bond in the amount of five percent(5%)of GAB Dollars,($ 5% bid bond ). The bid security accompanying this proposal shall be returned to the unsuccessful bidder. In the event the City accepts the proposal and the bidder fails to execute a contract, and file a performance bond and a payment bond and/or maintenance bond, if required, within ten (10) days after acceptance, the bid security shall become the property of the OWNER and shall be considered as payment for damages due to delay and inconveniences suffered by OWNER on account of such failure of the bidder. A Performance Bond and Payment Bond is required for this project. It is understood that the OWNER reserves the right to reject any and all bids. ------ -- ---- Fi 3. Wylie,TX October 19,2007 WH.! Ari:t tct Project No.0609 Bid Proposal 00009- 1 UNIT PRICES AND ALTERNATES TABULATION FORM FIRE STATION 3 Wylie,Texas Unit Prices: Bidder hereby guarantees the following unit prices to apply throughout the project for changing work upon written instruction of the Owner. A. Soil Excavation: Cost per Cubic Yard Excavated Soil: $ t %v B. Rock Excavation: Cost per Cubic Yard Excavated Rock: $ "1�.f C. Un-cased Pier: Cost per Lineal Ft. 18"diameter: $ 24"diameter: $ � D. Steel Casing: Cost per Lineal Ft. 18"diameter: 24"diameter: $ ` E. Select Fill: Cost per Cubic Yard Select Fill Installed $ '� F. Electrical Outlet Cost per Each Duplex Outlet ,e k" Quad Outlet Alternate Price: Bidder hereby proposes the following alternate prices: Alternate No. 1: ADD/(DEDUCT) $ Alternate No. 2: ADD/(DEDUCT) $ Alternate No. 3: ADD4DEDUCT) $ ltternate No. 4 ADD!(DEDUCT) $ Fire Station 3,Wylie,IX October 19,2007 WHJ Architect Project No. 0609 Bid Proposal 00009-3 In the event of the award of a contract to the undersigned, the undersigned will (1) furnish a performance bond for the full amount of the contract,(2)a payment bond for the full amount of the contract, (3)secure proper compliance with the terms and provisions of the contract,(4)insure and guarantee the work until final completion and acceptance and(5)guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall he accepted when the City is satisfied that work is fully completed and finished in accordance with the plans and specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: Unit and Lump sum prices must be shown in words and figures for each item listed in this proposal and in the event of discrepancy the words shall control. Receipt is hereby acknowledged for the following addenda to the bid proposal: Addendum No. I Dated 1 1 /0 9/0 7 Received 1 1 /1 2/0 7 Addendum No. 2 Dated Received Addendum No_ 3 Dated Received Addendum No. 4 Dated Received 300 THE UNDERSIGNED AGREES TO COMPLETE THE PROJECT WITHIN 339 CALENDAR DAYS. J. Commercial, Inc. RACTO By: Larry Wagno Presiders Title 720 Valley Ridge Circle, Suite 22 Address Seal and Authorization Lewisville, TX 75057 (If a Corporation) City, State,Zip ( 972) 436-4622 Teleohone (97'2) 436-4822 Fax No. Fire Station 3, Wylie,TX October 19,2007 W1IJ Architect Project No.0609 Bid Proposal 00009-4 ACORDjM CERTIFICATE OF LIABILITY INSURANCE DATE i/13i 00007 PRODUCER ALLIANCE INS AGENCY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 11300 N. CENTRAL EXPWY. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR SUITE 202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DALLAS TX 75243-6705 (214) 361-9996 INSURERS AFFORDING COVERAGE NAIC# INSURED _INSURER A:Republic Underwriters Insurance J. C. Commercial INSURER B:Southern Vanguard Insurance 22 720 Valley Ridge Circle INSURERC:Texas Mutual Insurance 1 Suite Lewisville TX 75057-0000 INSURER D:Ohio Casualty Insurance INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AMYL POLICY EFFECTIVE POLICY EXPIRATION A GENERAL LABILITY INSURANCE TXP5645712 NUMBERPOUCY 01 02/12/2007 02/12/2008 EACH OCCURRENCE LIMITS$1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY ,_PREMISES(Pe nrrurenrs) $ 100,000 lCLAIMS MADE I X I OCCUR MED EXP(Any one person) $ 5,000 X BLKT ADDL INSD/W.O.S PERSONAL&ADV INJURY $1,000,000 BLKT PRIMARY AI GENERAL AGGREGATE $2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC B AUTOMOBILEUABIUTY BAP5645992 01 02/12/2007 02/12/2008 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY X (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X $500 DED COMP PROPERTY DAMAGE X $500 DED COLLISION (Per accident) $ GARAGE LIABILITY AUTO ONLY-EAACCIpENT $___________. ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLALIABILITY UMB5649409 00 02/12/2007 02/12/2008 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $54000,000 $ DEDUCTIBLE - $ X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND TSF-0001114487 2007 03/20/2007 03/20/2008 X TOWCPV LM STATUIT-S EB OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000ANY _ OFFICERJME B�XCLUD D?ECUTIVE E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D OTHER BMO 08 53091103 06/01/2007 06/01/2008 MAX VALUE 2,000,000 A Builder's Rs Eqlluip RiskF TXP5645712 01 02/12/2007 02/12/2008 DEDUCTIBLE 500 Contractor's Equip Floater I $1000 DED/LIMIT INS 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS PROJECT: FIRE STATION NO. 3, WYLIE, TX ADDITIONAL INSURED IS INCLUDED IN FAVOR OF THE CITY OF WYLIE AS REQUIRED IN REGARDS TO GENERAL LIABILITY AND AUTO LIABILITY. WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE CITY OF WYLIE AS REGARDS GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION AS REGARDS THE INSURED'S OPERATIONS. CERTIFICATE HOLDER CANCELLATION AI LOYR 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF WYLIE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 2000 HWY 78 N IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR WYLIE TX 75098- REPRESENTATIVES. _ AUTHORIZED REPRESENTATIVE .2j - 1 ACORD 25(2001/08) Fax: ( ) - ©ACORD CORPORATION 1988 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford,Connecticut 06183 Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, J.C. COMMERCIAL,INC. as Principal,hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duty organized under the laws of the State of Connecticut,as Surety,hereinafter called the Surety, are held and firmly bound UntoCITY OF WYLIE 2000 North Highway 78 Wylie,TX 75098 as Obligee,hereinafter called the Obligee,in the sum of Five percent of amount bid. Dollars (0 5%of Amount Bid),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Fire Station No.3 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 12th day of November , 2007 f)i' /2 iii/' (If, L= /.,,eis J C. C MERCIAL, INC. ( � 7 � (Witness) Ult /011V- P (Seal) ( ) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) /i Lis M. Bonnot / (Attorney -Fact) Printed In cooperation with the American institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language In this document conforms exactly to the language used in AlA Document A310,February 1970 edition. S.1 69-o(07-7 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,A► POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218907 Certificate No. 0 01851691 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut.that United States Fidelity and Guaranty Company'is a corporation duly'organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Don E.Cornell,Jerry P.Rose,Robbi Morales, Lisa M.Bonnot,Luke J.Nolan Jr.,Christine Davis,and Ricardo J.Reyna of the City of Dallas ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 19th IN WITNESSWHEREOF,the Compmitspave caused this instrument to he signed and their corporate seals to be hereto affixed,this clay of .___ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company C�suq ,,• sm.? E 5 %�t•N..,NSG PY tNSUyQ..,,- a P� Os l'a165UgFTyO pYY' %02�POq� i. ` _ ° * 9: /�.PP��YNR)f„i P�:' aPORgT:�p,� a` 1 e# t.0 I . z a ORK: WED 1927 • "It .t ,n a2:GO_._ F; IRIE..9 : 1 9 8 2 O 1977 '' � 12: z W e MARTFORo, 9�, CONN. N t q�.��,S't % 1951 :' d'A ,!ff +..SE111, I�`:SEALf 1 y cc" o �d.`"NFCc`-HaD Y �� 4 .., 9jf`„- ,,,t ,,,4 az5..,:g j ,-4....,.%;:st 4, ' 'N br "f . C+ •n/�Itt NEW w,„�",„,,..« .........+ ..M , WI 4/State of Connecticut By: City of Hartford as_ Georg Thompson,senior ice President 19th July 2007 On this the day of , ,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do;executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. \cf t. In Witness Whereof,I hereunto set my hand and official seal. (TAN C My Commission expires the 30th day of June,2011. * PUS a Marie C.Tetreault,Notary Public NY GerCi 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,rtdelity and Guaranty Insurance Company. Fidelity and Guaranty insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect,reading as follows: RESOLVED.that the Chairman.the President, any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognuances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman, the Resident,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part or the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond.recognizance,contract of indemnity.or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(h)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company, officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED•that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof.and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to ally bond or understanding to which it is attached. 1,Kori M.Johanson,the undersigned.Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company', St. Paul Mercury Insurance Company,l ravelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company'do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies.which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF',I have hereunto set my hand and affixed the seals of said Companies this_12th day of November 20 07 Kori M.Johans Assistant Secretary D:�pi1fsaaM0A%Cs. es ,AT , 5*Ty^c( (Ion N. Npsn't 04TED 1927 f ♦nnrroto < 'tuAy rFor0 19az S. 1 97�f 95 a�pF2t ,t . EjibEAios Conr •cooAr/0.�q1R bs d aS ... Qr_'TAc 'lf71 1 AYl,IN��Yd�l� To verify the authenticity of this Power of Attorney,call I-RIP 421-388t)or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 12-11-07 Item Number: 6 (City Secretary's Use Only) Department: City Manager/WEDC Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-6-07 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2007-42(R) authorizing the City Manager to execute an Ad Valorem Tax Abatement and Sales Tax Reimbursement Agreement between the City of Wylie and Greenway-Springs, Ltd., Greenway-Columbia, L.P., and Greenway-Wylie, L.P. Recommendation Motion to approve Resolution No. 2007-42(R) authorizing the City Manager to execute an Ad Valorem Tax Abatement and Sales Tax Reimbursement Agreement between the City of Wylie and Greenway-Springs, Ltd., Greenway-Columbia, L.P., and Greenway-Wylie, L.P. Discussion In anticipation of Ad Valorem Tax Abatement between the City and Greenway-Springs, Ltd., Greenway- Columbia, L.P., and Greenway-Wylie, L.P. (hereinafter `Greenway'), the Wylie City Council created Reinvestment Zone #6 on 11-13-07 in addition to Guidelines and Criteria governing tax abatement guidelines. The incentive package as presented utilizes a combination of ad valorem tax abatement and sales tax reimbursements to offset costs associated with the environmental remediation of a 15.72 acre site within the 27.83 acre Reinvestment Zone #6. The impacted area, which is owned by Greenway-Springs, Ltd., is the site of a landfill previously utilized to dispose of plastic shavings which encased reclaimed copper wiring. The plastic wiring itself and its state of deterioration creates the requirement that Greenway enroll the site into the Texas Commission on Environmental Quality's (TCEQ) Voluntary Cleanup Program (VCP). The estimated cost has been capped at $2 million. While a Final Certificate of Completion from the TCEQ VCP may be less costly to obtain than the established cap, that figure will not be known until the remediation is bid and more importantly completed. The inability to establish a total cost at this time is based upon the many variables involved in a remediation project of this scope. Greenway will fund all remediation costs up front and be reimbursed for those expenses over a 10-year period based upon the increased taxable value and new taxable sales within the Zone. While the primary goal of the Agreement is create the opportunity for commercial development on the Greenway- Springs site by remediating the same, the Zone has been expanded to other Greenway properties in the area. The expanded area includes two pad sites fronting Home Depot (2.19 acres) and a commercial tract (8.12 acres) fronting F.M. 544 west of the KCS rail line. The reasoning behind expanding the subject area is to create more opportunity to generate the taxes necessary to compensate Greenway for the remediation. If the Page 1 of 2 Page 2 of 2 Zone was limited to the Greenway-Springs site, the projected abatement/reimbursement would account for approximately one-third of the actual costs. Staff is recommending a 10-year, 80% tax abatement on all improvements to real property within the Zone. The existing value of real property within the Zone is $3,583,728 (Base Value). Only the valuation exceeding the Base Value will be subject to the abatement. In addition to the abatement, the Wylie Economic Development Corporation (WEDC) Board of Directors will consider and act upon the same Agreement approving the sales tax reimbursement. Being considered by the WEDC Board will be a Y2-cent reimbursement for the Greenway-Springs tract and a 1/4-cent reimbursement for the balance of development within the Zone. The Springs tract will receive an increased sales tax reimbursement based upon the overall goal of the program being to develop that site. Further, the greatest amount of increased property value sales tax receipts will be generated from the Springs tract, thus incentivizing Greenway to develop the site as soon as possible. The key to this program is that it is 100% performance based. Greenway must pay for all remediation costs up front. Should Greenway not develop the area to its greatest potential, or more realistically should the retail market not support the aggressive delivery of new and expanded facilities/services within the next 10 years, Greenway bears all the risk of not being reimbursed to the greatest extent possible. Based upon delivery dates provided by Greenway, the site could be developed to capacity by 2012. With phased-in delivery dates for development up to that point, the Zone will support cumulative new value of $20,081,984 which will create abated taxes over the same period of$871,151. Potential sales taxes reimbursed over the same period are projected at $1,162,125 providing for a combined potential incentive of$2,008,826 ($2,000,000 cap in place). Ad valorem and sales taxes received (adjusted for the abated and reimbursed taxes) over the same 10-year period are projected at $4,555,063. A cost benefit analysis has been provided for your review in addition to the Ad Valorem Tax Abatement and Sales Tax Agreement and Resolution No. 2007-38 establishing guidelines and criteria governing tax abatement agreements. Finally, the City of Wylie abatement policy requires that a 10-year tax abatement receives a three- quarter vote of the City Council. The WEDC Board will consider the same Agreement on December 19, 2007. Approved By Initial Date Department Director , SS 12/6/07 City Manager 10 l t '0 ' 1 RESOLUTION NO. 2007-42(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN AD VALOREM TAX ABATEMENT & SALES TAX REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS, THE WYLIE ECONOMIC DEVELOPMENT CORPORATION, GREENWAY- SPRINGS, LTD., GREENWAY-COLUMBIA, L.P. AND GREENWAY- WYLIE, L.P. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an Ad Valorem Tax Abatement & Sales Tax Reimbursement Agreement by and amongst the City of Wylie, Texas, the Wylie Economic Development Corporation, Greenway-Springs, Ltd., Greenway-Columbia, L.P. and Greenway-Wylie, L.P., a copy of which is attached hereto and incorporated herein for all purposes. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the l lth day of December, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Resolution No. 2007-42(R) Ad Valorem Tax Abatement and Sales Tax Reimbursement Agreement Page 1 #502773 THE STATE OF TEXAS § COUNTY OF COLLIN § AD VALOREM TAX ABATEMENT& SALES TAX REIMBURSEMENT AGREEMENT This Ad Valorem Tax Abatement & Sales Tax Reimbursement Agreement (the "Agreement") is entered into by and amongst the CITY OF WYLIE,TEXAS, a home-rule municipality of Collin County, Texas, ("City"); the WYLIE ECONOMIC DEVELOPMENT CORPORATION, TEXAS, a Texas corporation, ("WEDC"); GREENWAY-SPRINGS, LTD, a Texas limited partnership ("Greenway- Springs"); GREENWAY-COLUMBIA, L.P. a Texas limited partnership ("Greenway-Columbia"); and GREENWAY-WYLIE,L.P.,a Texas limited partnership("Greenway-Wylie"). WITNESSETH: WHEREAS, section 312.002(a) of the Texas Tax Code requires the City to pass a resolution indicating the City's desire to become eligible to participate in tax abatement agreements;and WHEREAS, the City Council of the City has previously adopted a resolution stating that the City elected to be eligible to participate in tax abatements; and WHEREAS, the City Council of the City has previously adopted Tax Abatement Guidelines and Criteria,pursuant to section 312.002 of the Texas Tax Code, by Resolution Number 2007-38(R),referred to as the Policy Statement;and WHEREAS, the Policy Statement constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Property Redevelopment and Tax Abatement Act,Chapter 312 of the Texas Tax Code(the"Act"); and WHEREAS, on the 13th day of November, 2007, the City Council of the City passed Ordinance No. 2007-39 , (hereinafter referred to as the"Ordinance")establishing Reinvestment Zone No. 6, City of Wylie, Texas, for commercial-industrial tax abatement, as authorized by Chapter 312 of the Texas Tax Code, as amended on approximately 27.830 acres of land more particularly described in Exhibit "A" attached hereto(the"Zone");and WHEREAS Greenway-Springs, Ltd, Greenway-Columbia, L.P. and Greenway-Wylie, L.P. (collectively the"Property Owners")own all the real property within the Zone;and WHEREAS, Greenway-Springs owns 15.72 acres of land, more or less, within the Zone (the "Greenway-Springs Property"), Greenway-Columbia owns 8.1215 acres of land, more or less, within the Zone (the "Greenway-Columbia Property), and Greenway-Wylie owns 2.1869 acres of land, more or less, within the Zone(the"Greenway-Wylie Property) as more fully depicted on Exhibit"B"attached hereto and collectively referred to as the"Zone Properties"; and WHEREAS, the City and WEDC have concluded that the improvements to be constructed by the Property Owners on the Zone Properties constitute a "project", as that term is defined in Article 5190.6, Vernon's Ann. Civ. Stat., and is willing to provide the Property Owners with economic assistance using tax abatements and sales tax reimbursement as hereinafter set forth on the terms and subject to the conditions as stated herein and the Property Owners are willing to accept the same subject to all terms and conditions contained in this Agreement; and Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 1 Doc#503220 WHEREAS, the City and the WEDC has determined that it is in the best interest of the public and the City and that it promotes the purposes authorized by the voters of the City of Wylie for which the WEDC was established to encourage the development and use of industrial and commercial properties within the City; and WHEREAS, the Property Owners acknowledge the requirement to remediate certain environmental contaminations present on the Greenway-Springs Property located in the Zone, as more fully described herein; and WHEREAS, the Property Owners have committed to construct facilities on the Zone Properties being retail and commercial space of not less than thirty two thousand (32,000) square feet with a taxable value of such improvements to real property being not less than four million seven hundred thousand dollars ($4,700,000.00); and WHEREAS, the Property Owners acknowledge and agree that the tax abatements and other economic incentives granted by this Agreement are contingent upon their collective compliance with this Agreement in accordance with the terms and conditions set forth herein; and WHEREAS, the tax abatement will maintain and enhance the commercial economic and employment base of the Wylie area thereby benefiting the City in accordance with the Policy Statement and the Property Redevelopment and Tax Abatement Act; and WHEREAS,the contemplated use and improvement of the Zone Properties in the amounts and for the purposes set forth in this Agreement and the other terms hereof are consistent with encouraging development of said Reinvestment Zone No. 6,City of Wylie,Texas, in accordance with the purposes for its creation and are in compliance with the Policy Statement and the Ordinance and similar guidelines and criteria adopted by the City and all applicable law;and WHEREAS,the Property Owners acknowledge and agree that only that taxable value of the Zone Properties exceeding the 2007 taxable value of each Zone Property as determined by the Collin County Central Appraisal District which the parties agree is the sum of three million five hundred eighty three thousand seven hundred twenty eight dollars ($3,583,728.00) ("Base Year Value") shall be abated, beginning with the 2008 tax year;and WHEREAS, this Agreement was approved by the City at a regularly scheduled meeting on , 2007 consistent with section 312.207(a) of the Texas Tax Code and the Agreement was approved by the Board of Directors of the Wylie Economic Development Corporation on ,2007. NOW THEREFORE the parties hereto do mutually agree as follows: SECTION 1. Findings Incorporated. All the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this Agreement as if copied in their entirety. SECTION 2. Property Subject to Tax Abatement and Sales Tax Reimbursements. Subject to the Property Owners' compliance with the terms and conditions of this Agreement, each Zone Property is entitled to an ad valorem tax abatement from the City and a sales tax incentive from the WEDC more fully described herein in each year beginning January 1, 2008 and provided that the taxable value of Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 2 Doc#503220 each Zone Property as determined by the Collin County Central Appraisal District each year exceeds each Zone Property's respective Base Year Value. SECTION 3. Requirements of Property Owners to Qualify for Tax Abatement and Sales Tax Rebates. 3.1 Environmental Remediation and Remediation Cost Certification (a) Upon the effective date of this Agreement, Property Owners shall begin the environmental remediation of the Greenway-Springs Property through the Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program and shall obtain issuance of a Final Certificate of Completion from TCEQ by June 30,2009. (b) Property Owners shall identify those costs which are associated with the required environmental remediation ("Remediation Costs") and shall provide to the City and WEDC a certificate identifying and describing the costs spent in a format acceptable to City and WEDC on at least an annual basis until the remediation is completed. The Remediation Costs may include eligible costs expended prior to the execution of this Agreement. Remediation Costs to be identified shall be those costs identified and described in Exhibit "C", attached hereto; provided, however, no Remediation Costs may be reimbursed unless the cost is actually incurred. In addition, the procedure for determining the reasonableness and necessity of the Remediation Costs is identified and described in Exhibit"C". (c) Upon completion of the environmental remediation efforts, Property Owners shall calculate the total Remediation Costs plus the estimated costs of Post Closure Care of Remaining Waste and shall provide to the City and WEDC a final certificate identifying and describing the total costs spent (the "Total Remediation Costs"). The Total Remediation Costs shall be determined and submitted to the City prior to March 1,2011. 3.2 Improvements Required Property Owners shall construct retail and commercial facilities of not less than thirty two thousand (32,000) square feet on the Zone Properties with a taxable value of improvements to real property as determined by the Collin Central Appraisal District upon completion and occupancy of not less than four million seven hundred thousand dollars ($4,700,000.00) excluding land costs. Said improvements on the Zone Properties shall be completed and certificates of occupancy issued by the City on or before January 1,2016. 3.2 Employee Hiring At least twenty(20) full time jobs will be created and maintained within the zone for a period of at least six (6)consecutive months no later than July 1,2013. SECTION 4. Tax Abatement. 4.1 Ad Valorem Tax Abatement—Greenway-Springs Subject to the terms and conditions of this Agreement and provided the Property Owners are not in default, separately or collectively, and subject to the rights and holders of any outstanding bonds of the City, a portion of ad valorem taxes assessed upon the Greenway—Springs Property and otherwise owed to the City shall be abated as follows: Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 3 Doc#503220 (a) Term. The tax abatement period for the Greenway-Springs Property shall expire on the earlier of ten (10) years beginning January 1, 2008, or the date the aggregate abatement of ad valorem taxes by the City and sales tax reimbursements(as addressed in Section 5)by the WEDC and payment of economic incentives from any other governmental entity to Property Owners for the Zone Properties equals the Total Remediation Costs; provided, however, said sum of the tax abatements and the sales tax reimbursements in Section 5, along with any abatements or reimbursements provided by Collin County, if any, for the Zone Properties shall not exceed two million dollars ($2,000,000.00). The first year of tax abatement shall begin January 1,2008. (b) Abatement Amount. The tax abatement rate for each such year during the tax abatement period shall be the following percentage of the taxable value of the Greenway-Springs Property that exceeds the Base Year Value of the Greenway-Springs Property, and such qualifications as noted elsewhere in this Agreement: Year of Tax Abatement Period Abatement Percentage One 80% Two 80% Three 80% Four 80% Five 80% Six 80% Seven 80% Eight 80% Nine 80% Ten 80% 4.2 Ad Valorem Tax Abatement—Greenway-Columbia Subject to the terms and conditions of this Agreement and provided the Property Owners are not in default, separately or collectively and subject to the rights and holders of any outstanding bonds of the City, a portion of ad valorem taxes assessed upon the Greenway—Columbia Property and otherwise owed to the City shall be abated as follows: (a) Term. The tax abatement period for the Greenway-Columbia Property shall expire on the earlier of ten (10) years beginning January 1, 2008, or, the date the aggregate abatement of ad valorem taxes by the City and sales tax reimbursements (as addressed in Section 5) by the WEDC and payment of economic incentives from any other governmental entity to Property Owners for the Zone Properties equals the Total Remediation Costs; provided, however, said sum of the tax abatements and the sales tax reimbursements in Section 5, along with any abatements or reimbursements provided by Collin County, if any, for the Zone Properties shall not exceed two million dollars($2,000,000.00). The first year of tax abatement shall begin January 1,2008. (b) Abatement Amount. The tax abatement rate for each such year during the tax abatement period shall be the following percentage of the taxable value of the Greenway-Columbia Property that exceeds the Base Year Value of the Greenway-Columbia Property, and such qualifications as noted elsewhere in this Agreement: Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 4 Doc#503220 Year of Tax Abatement Period Abatement Percentage One 80% Two 80% Three 80% Four 80% Five 80% Six 80% Seven 80% Eight 80% Nine 80% Ten 80% 4.3 Ad Valorem Tax Abatement—Greenway-Wylie Subject to the terms and conditions of this Agreement and provided the Property Owners are not in default, separately or collectively, and subject to the rights and holders of any outstanding bonds of the City, a portion of ad valorem taxes assessed upon the Greenway—Wylie Property and otherwise owed to the City shall be abated as follows: (a) Term. The tax abatement period for the Greenway-Wylie Property shall expire on the earlier of ten (10)years beginning January 1, 2008, or the date the aggregate abatement of ad valorem taxes by the City and sales tax reimbursements(as addressed in Section 5)by the WEDC and payment of economic incentives from any other governmental entity to Property Owners for the Zone Properties equals the Total Remediation Costs; provided, however, said sum of the tax abatements and the sales tax reimbursements in Section 5, along with any abatements or reimbursements provided by Collin County, if any, for the Zone Properties shall not exceed two million dollars ($2,000,000.00). The first year of tax abatement shall begin January 1,2008. (b) Abatement Amount. The tax abatement rate for each such year during the tax abatement period shall be the following percentage of the taxable value of the Greenway-Wylie Property that exceeds the Base Year Value of the Greenway-Wylie Property, and such qualifications as noted elsewhere in this Agreement: Year of Tax Abatement Period Abatement Percentage One 80% Two 80% Three 80% Four 80% Five 80% Six 80% Seven 80% Eight 80% Nine 80% Ten 80% Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 5 Doc#503220 SECTION 5. Sales Tax Reimbursement 5.1 Sales Tax Reimbursement—Greenway-Springs Property Subject to the terms of this Agreement and provided the Property Owners are not in default, separately or collectively, the WEDC will provide Greenway-Springs economic assistance in the form of quarterly performance reimbursement incentives with the first quarterly period beginning January 1, 2008, in the following amounts on the Greenway-Springs Property: Current Property Ownership Acreage Annual Sales Tax Reimbursement Greenway Springs, LTD 15.72 one-half of one percent (0.5%) of the taxable sales receipts generated on the tract (a) Time for Payments. Payments shall be made to Greenway-Springs by WEDC within forty-five (45) days following the end of each quarter of the calendar year, or within thirty (30) days of Greenway-Springs providing WEDC with a sales tax report from the Texas State Comptroller of the sales tax receipts generated from the retail sales of retail businesses operated on the Greenway-Springs Property for the previous ending calendar quarter period, together with such supporting documentation required herein, and as WEDC may reasonably request. (b) Term. The sales tax reimbursement period shall expire on the earlier of ten (10)years beginning January 1, 2008, or the date the aggregate abatement of ad valorem taxes by the City and sales tax reimbursements by the WEDC and payment of economic incentives from any other governmental entity to Property Owners for the Zone Properties equals the Total Remediation Costs; provided, however, said sum of the sales tax abatements and sales tax reimbursement, along with any abatements or reimbursements provided by Collin County, if any,paid to the Property Owners shall not exceed two million dollars($2,000,000.00). 5.2 Sales Tax Reimbursement—Greenway Columbia Property Subject to the terms of this Agreement and provided the Property Owners are not in default, separately or collectively, the WEDC will provide Greenway Columbia economic assistance in the form of quarterly performance reimbursement incentives with the first quarterly period beginning January 1, 2008, in the following amounts on the Greenway- Columbia Property: Current Property Ownership Acreage Annual Sales Tax Reimbursement Greenway Columbia, LP 8.12 one-quarter of one percent (0.25%) of the taxable sales receipts generated on the tract (a) Time for Payments. Payments shall be made to Greenway-Columbia by WEDC within forty- five(45)days following the end of each quarter of the calendar year, or within thirty(30)days of Greenway-Columbia providing WEDC with a sales tax report from the Texas State Comptroller Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 6 Doc#503220 of the sales tax receipts generated from the retail sales of retail businesses operated on the Greenway-Columbia Property for the previous ending calendar quarter period,together with such supporting documentation required herein, and as WEDC may reasonably request. (b) Term. The sales tax reimbursement period shall expire on the earlier of ten (10) years beginning January 1, 2008, or the date the aggregate abatement of ad valorem taxes by the City and sales tax reimbursements by the WEDC and payment of economic incentives from any other governmental entity to Property Owners for the Zone Properties equals the Total Remediation Costs; provided, however, said sum of the sales tax abatements and sales tax reimbursement, along with any abatements or reimbursements provided by Collin County, if any,paid to the Property Owners shall not exceed two million dollars($2,000,000.00). 5.3 Sales Tax Reimbursement—Greenway Wylie Property Subject to the terms of this Agreement and provided the Property Owners are not in default, separately or collectively, the WEDC will provide Greenway-Wylie economic assistance in the form of quarterly performance reimbursement incentives with the first quarterly period beginning January 1, 2008, in the following amounts on the Greenway- Wylie Property: Current Property Ownership Acreage Annual Sales Tax Reimbursement Greenway Wylie,LP (Lot 6) 0.97 one-quarter of one percent (0.25%) of the taxable sales receipts generated on the tract Greenway Wylie,LP (Lot 7) 1.21 one-quarter of one percent (0.25%) of the taxable sales receipts generated on the tract (a) Time for Payments. Payments shall be made to Greenway-Wylie by WEDC within forty-five (45) days following the end of each quarter of the calendar year, or within thirty (30) days of Greenway-Wylie providing WEDC with a sales tax report from the Texas State Comptroller of the sales tax receipts generated from the retail sales of retail businesses operated on the Greenway-Wylie Property for the previous ending calendar quarter period, together with such supporting documentation required herein, and as WEDC may reasonably request. (b) Term. The sales tax reimbursement period shall expire on the earlier of ten (10) years beginning January 1, 2008, or the date the aggregate abatement of ad valorem taxes by the City and sales tax reimbursements by the WEDC and payment of economic incentives from any other governmental entity to Property Owners for the Zone Properties equals the Total Remediation Costs; provided, however, said sum of the sales tax abatements and sales tax reimbursement, along with any abatements or reimbursements provided by Collin County, if any, paid to the Property Owners shall not exceed two million dollars($2,000,000.00). Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 7 Doc#503220 SECTION 6. Use of Property. As consideration for the agreements of City and WEDC contained herein, Property Owners agree that they will diligently and faithfully in a good and workmanlike manner pursue the commencement and completion of the environmental remediation on the Greenway-Springs Property consistent with the requirements set forth herein. Property Owners agree that the environmental remediation will be in accordance with all applicable federal, state, and local laws and regulations. The Zone Properties shall be limited in their use to commercial-industrial real property consistent with the City's development goals which is the encouraging of development or redevelopment of the Zone. SECTION 7. Default and Recapture Provision. (a) Event of Default. In the event that(1) Property Owners, separately or collectively, fail to obtain a Final Certificate of Completions from TCEQ in accordance with this Agreement; or(2)Property Owners, separately or collectively, allow their real or personal property taxes owed the City to become delinquent and fail to timely and properly follow the legal procedures for protest and/or contest of any such taxes; or (3) Property Owners, separately or collectively, fail to maintain the Greenway-Springs Property in compliance with applicable environmental laws; or(4) Property Owners, separately or collectively, breach any of the terms or conditions of this Agreement, then the Property Owners shall be in default. In the event that any Property Owner defaults in its performance of(1), (2), (3), or (4) above, then the City and/or WEDC shall give the Property Owners written notice of such default and if the Property Owners have not cured any default within thirty(30)days of said written notice this Agreement shall may be terminated by the City. In the event of default by the Property Owners, separately or collectively, City shall be entitled to reimbursement of the ad valorem taxes abated as described above and the WEDC shall be entitled to reimbursement of the sales tax reimbursement paid as described above. In addition, City and WEDC shall be entitled to any other remedies available at law or equity. (b) Upon the occurrence of default by City and/or WEDC, one or more of the Property Owners shall give written notice of such default and if City and/or WEDC have not cured the default within thirty (30) days within said written notice, this Agreement may be terminated by any Property Owner. Property Owners shall have the right to seek specific performance of this Agreement as their sole and exclusive remedy. (c) Notice, Effect of Default. Notice shall be in writing and shall be delivered by personal delivery or certified mail,return receipt requested,or overnight delivery to the addresses below. Notice to Greenway: Todd Petty,Vice President of the General Partner Greenway Springs, LTD 2808 Fairmount, Suite 100 Dallas,TX 75201 Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 8 Doc#503220 With Copy to: The Marshall Firm,PC 302 N.Market, Suite 510 Dallas,TX 75202 Notice to WEDC: Sam Satterwhite, Executor Director Wylie Economic Development Corporation 108-C W. Marble Wylie,Texas 75098 Notice to City: Mindy Manson,City Manager City of Wylie 2000 Hwy. 78N Wylie,Texas 75098 With Copy to: Abernathy,Roeder,Boyd&Joplin,P.C. ATTN: Richard Abernathy,City Attorney 1700 Redbud Blvd., Suite 300 McKinney,Texas 75069 SECTION 8. Right of Access for Inspection. Property Owners further agree that the City and WEDC and their agents and employees, shall have reasonable right to access to the Zone Properties to inspect the environmental remediation, construction of the improvements described in Section 3 and other items subject to this Agreement in order to ensure that the same are in accordance with this Agreement and all applicable federal, state, and local laws and regula- tions. After completion of the environmental remediation and the construction of the improvements described in Section 3.1, the City and WEDC shall have the continuing right of inspection to ensure that such are thereafter maintained and operated in accordance with this Agreement and applicable law. SECTION 9. Verification and Compliance. The Property Owner will allow the City and WEDC to audit, if necessary, all of the Property Owner's records, documents, agreements and other instruments in furtherance of the following purposes: (i) to ensure the Property Owner's compliance with the affirmative covenants set forth in this Agreement; (ii) to determine the existence of an Event of Default under the terms of this Agreement; (iii)to ensure compliance with any other terms and conditions set forth herein or any related documents. City and WEDC will provide Property Owner with written notice of any request for an audit and shall cooperate with Property Owner to schedule audit activities so as to minimize disruption to Property Owner's normal business operations. Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 9 Doc#503220 SECTION 10. Annual Certification. On or before April 1 of each year, each Property Owner shall provide to City and WEDC written certification that each Property Owner is in compliance with each applicable term of this Agreement. Such certification shall be in a form reasonably satisfactory to the City and WEDC, and shall include, at a minimum, information supporting each Property Owner's conclusions that it met (or expects to meet) each condition and requirement to abatement set forth in this Agreement. Any failure of the City or WEDC to request or demand such certification shall not constitute a waiver of such certification or any future certification. SECTION 11. Authorization to Sign this Agreement. This Agreement was authorized by Resolution of the City Council at its council meeting on the day of , 2007, authorizing the City Manager to execute the Agreement on behalf of the City. This Agreement was entered into by Greenway Springs on the day of , 2007, pursuant to authority granted to , President,of Greenway. This Agreement was entered into by Greenway Columbia on the day of , 2007, pursuant to authority granted to ,President,of Greenway. This Agreement was entered into by Greenway Wylie on the day of , 2007, pursuant to authority granted to , President,of Greenway. This Agreement was entered into by WEDC on the day of , 2007, pursuant to authority granted to Samuel Satterwhite, Executive Director, WEDC. SECTION 12. Miscellaneous Provisions. (a) Binding Agreement. This document shall constitute a valid and binding agreement among the City, WEDC and Property Owners when executed. (b) Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. It is the intention and agreement of the parties to this Agreement that each such illegal, invalid or unenforceable provision shall be amended by the parties hereto to the extent necessary to make it legal, valid and enforceable while achieving the same objective of such provision, or, if that is not possible, by substituting therefore another provision that is legal, valid and enforceable and achieves the same objectives(or, if such provision cannot be amended or a provision substituted therefore in a manner that is legal, valid and enforceable and achieves the same objectives, then such provision shall be amended or a new provision substituted therefore that achieves as closely as possible the same objectives or economic position as the illegal, invalid or unenforceable provision, irrespective of whether such amendment or substituted provision is materially different than the illegal, invalid or unenforceable provision). Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 10 Doc#503220 (c) Default. Notwithstanding any provision in this Agreement to the contrary Property Owner's, WEDC's and City's only liability for breaching any provision of this Agreement shall be the remedies expressly set forth in this Agreement. (d) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. (e) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. In the event of a lawsuit, venue shall be in Collin County, Texas. (f) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. (g) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. (I) Sovereign Immunity. Except to the extent authorized by law,the parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement, except that City and WEDC hereby waive their immunity from suit, if any, solely for the purpose of allowing enforcement of this Agreement. (k) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party, which consent shall not be unreasonably withheld. In the event of an assignment, the assignment is not effective until written notice is given to the City and WEDC of the name, address, phone number, and email address of the assignee. Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 11 Doc#503220 The Agreement is performable in Collin County, Texas, to be effective as of the of , 2007 (the"Effective Date"). ATTEST: CITY OF WYLIE,TEXAS, Carole Ehrlich,City Secretary Mindy Manson,City Manager WYLIE ECONOMIC DEVELOPMENT CORPORATION Samuel Satterwhite,Executive Director GREENWAY-SPRINGS,LTD By: Print Name: Title: Date: GREENWAY-COLUMBIA,L.P. By: Print Name: Title: Date: GREENWAY-WYLIE,L.P. By: Print Name: Title: Date: Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 12 Doc#503220 REINVESTMENT ZONE No. 6 Exhibit "A" BEING a tract of land situated in the Duke Strickland Survey, Abstract No. 841, and the E,C. Davidson Survey, Abstract No. 267, in the City of Wylie. Collin County, Texas, and being all of that same tract of land as described in deed to Greenway-Columbia, L.P. recorded in Volume 5890, Page 5358 in the Deed Records of Collin County, Texas (DRCCT), and all of that same tract of land as described in deed to Greenway-Columbia, L.P. recorded in Volume 6026, Page 1681 DRCCT, and all of Lot 6 and Lot 7, Block A of The Greenway Addition, an addition to the City of Wylie, Texas, according to the plat thereof recorded in Volume 0, Page 287 in the Map Records of Collin County, Texas (MRCCT), and a portion of Lot 2, Block A of Westgate Center, Phase 0ne, an addition to the City of Wylie, Texas, according to the plat thereof recorded in Volume L, Page 659 MRCCT, and a portion of the Kansas City Southern Railroad right-of-way as described by deed recorded in Volume 4983, Page 3109 DRCCT, and being more particularly described as follows: BEGINNING at the intersection of the south line of F.M. Highway No. 544 (W. Kirby Street) (variable width right-of-way), with the northwest line of said Kansas City Southern Railroad right-of-way (150 feet wide); THENCE southerly and southwesterly, along the northwest line of said Kansas City Southern Railroad right-of-way the following: S 04°01'17" W, 139.02 feet to the point of curvature of a non-tangent circular curve to the right having a radius of 522.89 feet; Southwesterly, along said curve to the right, through a central angle of 48°10'49", an arc distance of 439.70 feet and having a chord which bears S 28°06'08" W, 426.86 feet; S 52°11'37" W, 34.25 feet; S 55°11'01" W, 482.89 feet; THENCE S 02°30'15" W, departing the northwest line of said Kansas City Southern Railroad right-of- way, 6.13 feet; THENCE S 52°15'30" W, 1032.28 feet; THENCE S 55°04'29" W, 100.12 feet to the intersection of the west line of Westgate Way (100 foot right-of-way) at this point with the northwest line of said Kansas City Southern Railroad right-of-way, said point also being the southeast corner of Lot 2, Block A of said Westgate Center, Phase One; THENCE S 52°16'00" W, along the northwest line of said Kansas City Southern Railroad right-of-way and south line of said Lot 2, Block A, 790.00 feet to the southwest corner of said Lot 2, Block A, same being the southeast corner of the Sanden Addition, an addition to the City of Wylie, Texas, according to the plat thereof recorded in Volume G, Page 543 MRCCT; THENCE N 00°03'22" E, departing the northwest line of said Kansas City Southern Railroad right-of- way, along the west line of said Lot 2, Block A and east line of said Sanden Addition, 1392.96 feet to the southwest corner of Lot 2A, Block A of Westgate Center, Phase One, an addition to the City of Wylie, Texas, according to the plat thereof recorded in Volume M, Page 632 MRCCT; THENCE S 89°56'38" E, departing the west line of said Lot 2, Block A and east line of said Sanden Addition, along the south line of said Lot 2A, Block A. 519.10 feet to the southeast corner of said Lot 2A, Block A, and lying in the west line of Westgate Way (65 foot right-of-way) at this point; THENCE N 28°32'19" E, crossing said Westgate Way, 67.80 feet to a point in the east line of said Westgate Way at the westerly corner of Lot 6, Block A of said The Greenway Addition; Page 13 Page 2 REINVESTMENT ZONE No. 6 THENCE N 45°03'22" E, departing the east line of said Westgate Way, along the northwest line of said Lot 6, Block A, 205.96 feet; THENCE S 87°45'43" E, along the north line of said Lot 6, Block A, 155.60 feet; THENCE S 32°00'57" W, along the southeast line of said Lot 6, Block A, 311.54 feet: THENCE S 64°33'30" W, along the southeast line of said Lot 6, Block A, 41.03 to a point in the east line of said Westgate Way, and lying in a non-tangent circular curve to the right having a radius of 357,50 feet; THENCE southerly, along the east line of said Westgate Way the following: Southeasterly, along said curve to the right, through a central angle of 25°41'1 1", an arc distance of 160.27 feet and having a chord which bears S 08°16'36" E, 158.93 feet; S 04°34'00" W, 339.46 feet to the northwest corner of Lot 7, Block A of said The Greenway Addition; THENCE S 85°26'00" E, departing the east line of said Westgate Way, along the north line of said Lot 7, Block A, 279.24 feet; THENCE S 37°44'30" E, along the northeast line of said Lot 7, Block A, 59.26 feet to a point in the northwest line of said Kansas City Southern Railroad right-of-way; THENCE N 52°15'31" E, along the northwest line of said Kansas City Southern Railroad right-of-way, 702.98 feet to the southeast corner of Lot 3, Block A of said The Greenway Addition, same being the southwest corner of said Greenway-Columbia, L.P. tracts; THENCE northerly, along the east line of said The Greenway Addition and west line of said Greenway- Columbia, L.P. tracts the following: N 02°30'15" E, 272.02 feet; N 87°32'59" W, 50.32 feet; N 02°22'01" E, 102.06 feet; S 87°41'09" E, 51.24 feet; N 02°14'17" E, 453.59 feet to a point in the south line of said F.M. Highway No. 544; THENCE easterly, along the south line of said F.M. Highway No. 544 the following: N 89°42'51" E, 126.08 feet to the point of curvature of a non-tangent circular curve to the right having a radius of 5,669.58 feet; Southeasterly, along said curve to the right, through a central angle of 02°14'00", an arc distance of 220.99 feet and having a chord which bears S 89°10'1 1" E, 220.98 feet; S 88°03'09" E, 60.03 feet; S 87°59'23" E, 197.84 feet to the POINT of BEGINNING and containing 27.830 acres of land. Page 3 REINVESTMENT ZONE No. 6 This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. tr �'i z i f,.f-,'-<;, Sparr Surveys Brad 5 rr • h�� ` cG:• •r., 2563 C.R. 722 p Registered Professional ..r.,,........-.-.~..,....-.�... McKinney, TX 75069 Land Surveyor Na. 37011�f�E3 `P't'�S '} (214) 544-2297 p vi01 �V.�i! 4�vyrRgt>`.,:",f REINVESTMENT ZONE NUMBER 6 / �! t' 1 L 10. _ , 4: ,,4 !lam + �' . . „ii : ; �,C in ate+ F : ,k 'i ''. .'.4..4, r 1%9 i. 1 . . - -44,1:16.----i _,-.: -., .'- l F A \ , , 4+'j•cj' .' •Neal\� _ ' 11 r ••Y . 11'. . PI\ 4:fgr---1-141:°,Pr W‘r/r/,0:14 1. - . f4 '_'' --; i•A/ , i \ At,• i . ' .4.'4'4" .*'-':-' 1 4 ''''. auid..i 1' . :;. 1 1 ,,i.:-.• . ,,, • . . .J 4 Y� lil111s .Ai • ! ES .. . „ -'0 - •f � 1E �q f i 1 }; 'of am/ x g t �r Y ��' y W. ''� '� . v( '<,.1 i, ',�. \' 4 de i_,... ,-;..,;: 7 :• \,,,,,:se\s„,,..„..,...‹.. . ,... . _ • Chris Hoisted, P.E. 0 115 230 460 Feet City Engineer I i i i l I i I I 949 Hensley Lane Wylie, Texas 75098 Exhibit"B" THE ZONE PROPERTIES Greenway-Springs Being Lot 2, Block A, replat of Lot 1, Block A, Westgate Center, Phase One, an Addition to the City of Wylie, Texas according to the map thereof recorded in Volume L, Page 659, Map Records, Collin County, Texas. Save and except a 3.13448 acre tract conveyed to Greenville— TSC, LTD. pursuant to Deed filed 03/21/2001, recorded in Volume 4880, Page 2840, Land Records, Collin County, Texas. The above description is the same as described in Title Commitment No.02R06489 from American Title Insurance Company. Greenway-Columbia DESCRIPTION of a 8.300 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, in the City of Wylie, Collin County, Texas; said tract being all of that tract of land described in Special Warranty Deed With Vendor's Lien to Greenway-Columbia, L.P., recorded in Volume 5890, Page 5358, and Special Warranty Deed recorded in Volume 6026, Page 1681 of the Deed Records of Collin County, Texas; said 8.300 acre tract being more particularly described as follows: BEGINNING, at a 1/2-inch iron rod with "Pacheco Koch" cap found at the intersection of the south line of F.M. Highway No. 544 (W. Kirby Street) (a variable width right-of-way) with the northwest line of the Kansas City Southern Railroad (a 100-foot right-of-way) as recorded in Volume 4983, Page 3109 of the said Deed Records; THENCE, in a southerly direction along the said northwest line of the Kansas City Southern Railroad, the following four(4) calls; South 04 degrees, 00 minutes, 56 seconds West, a distance of 139.37 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for corner; said point being the beginning of a non- tangent curve to the right; Southwesterly along said curve to the right, having a central angle of 48 degrees, 10 minutes, 49 seconds, a radius of 522.89 feet, a chord bearing and distance of South 28 degrees, 05 minutes, 47 seconds West, 426.86 feet, an arc distance of 439.70 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for the end of said curve; South 52 degrees, 11 minutes, 16 seconds West, a distance of 34.25 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for corner; South 55 degrees, 10 minutes, 40 seconds West, a distance of 489.18 feet to a 1/2-inch iron rod with yellow cap found for corner; said point being the southeast corner of Block A, The Greenway Addition, an addition to the City of Wylie, Texas, according to the plat recorded in Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 14 Doc#503220 Cabinet 0, Page 287, of the Map Records of Collin County, Texas; THENCE, along the east line of said Block A, the following five (5) calls; North 02 degrees, 24 minutes, 14 seconds East, a distance of 272.38 feet to a 1/2-inch iron rod found for corner; North 87 degrees, 53 minutes, 07 seconds West, a distance of 50.22 feet to a 1/2-inch iron rod with "PATE 3917" cap found for corner; North 02 degrees, 59 minutes, 10 seconds East, a distance of 102.57 feet to a 5/8-inch iron rod found for corner; South 87 degrees, 27 minutes, 02 seconds East, a distance of 50.01 feet to a 1/2-inch iron rod found for corner; North 02 degrees, 13 minutes, 56 seconds East, a distance of 453.58 feet to a 1/2-inch iron rod found for corner; said point being in the said south line of F.M. Highway No. 544; THENCE, along the said south line of F.M. Highway No. 544, the following four (4) calls; North 89 degrees, 42 minutes, 30 seconds East, a distance of 126.08 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for the beginning of a non-tangent curve to the right; Easterly along said curve to the right, having a central angle of 02 degrees, 14 minutes, 00 seconds, a radius of 5,669.58 feet, a chord bearing and distance of South 89 degrees, 10 minutes, 32 seconds East, 220.98 feet, an arc distance of 220.99 feet to a "+" cut in concrete found for the end of said curve; South 88 degrees, 03 minutes, 30 seconds East, a distance of 60.03 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for corner; South 87 degrees, 59 minutes, 44 seconds East, a distance of 198.32 feet to the POINT OF BEGINNING; CONTAINING, 361,555 square feet or 8.300 acres of land, more or less. Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 15 Doc#503220 Greenway-Wylie Lot 6 Lot 6, Block A of the Greenway Addition, an addition to the City of Wylie, Collin County, Texas, according to the Map thereof recorded in Volume 0, Page 287, of the Map Records of Collin County, Texas. Lot 7 Lot 7, Block A of the Greenway Addition, an addition to the City of Wylie, Collin County, Texas, according to the Map thereof recorded in Volume 0, Page 287, of the Map Records of Collin County, Texas. Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 16 Doc#503220 EXHIBIT "C" REMEDIATION COSTS DEFINED For purposes of this Agreement, Remediation Costs shall be defined as any task associated with environmental due diligence of the property including Phase I Environmental Site Assessments (ESAs) and Phase II investigations in accordance with applicable ASTM International (ASTM) standards (1527 and 1903, respectively), physical remediation activities, and/or regulatory closure to obtain Final Certificate of Completion from the Texas Commission on Environmental Quality's (TCEQ) Voluntary Cleanup Program (VCP). Site assessment activities, regulatory closure through the VCP, and remediation must be performed in accordance with TCEQ Texas Risk Reduction Program (TRRP) rules and regulations as outlined in Title 30 of the Texas Administration Code (TAC) Chapter 350. These tasks consist of, but are not limited to, preparation of an Affected Property Assessment Report (APAR), Site Investigation Work Plan, Response Action Plan (RAP), project management associated with TCEQ case coordinator, TCEQ review and application fees, Response Action Completion Report(RACR), and final site survey. In addition to closure related costs through the TCEQ VCP, Remediation Costs shall include professional management of impacted solid waste materials before, during and after the development of the property (including, but not limited to, environmental, geotechnical, surveyor and engineering considerations) along with post-closure care of any remaining solid waste. In accordance with the VCP closure, all solid waste debris on the Site must be more than five feet below surface grade. All solid waste both during and after the construction remediation process must be removed and transported off-site or capped in place with either concrete or asphalt. Remediation Costs shall include OSHA safety requirements associated with remediation of the Greenway-Springs Property, air monitoring during construction and/or remediation, sampling and analysis of remaining solid waste materials, segregation, compaction, excavation, consolidation and capping, dewatering and proper handling/disposal of perched water, and all costs for off-Site transport and disposal fees of excavated materials. Post closure care will consist of periodic on-Site cap inspections and monitoring of on-Site groundwater monitoring wells. Remediation costs shall also include other reasonable consultants fees directly related to the remediation of the Greenway-Springs Property. The City and WEDC, at their sole expense, shall employ a third-party which will review and assess all past and future expenses associated with remediating the Greenway-Springs Property. Said third-party will determine whether the expenses are reasonable and necessary to obtain a Final Certificate of Completion from the TCEQ Voluntary Cleanup Program for remediation of the Greenway-Springs Property and meet future requirements associated with post-closure Remediation Costs and care of any remaining solid waste. Should an expense be declared unnecessary or unreasonable, the Property Owners will be notified in writing. Should the Property Owners contest the findings of the third-party they will notify the City and WEDC of the contest within forty-five (45) days of the date the Property Owners were notified that the expenses were declared unnecessary or unreasonable, and a qualified entity agreed upon and employed by all parties,will be presented with the findings and all necessary documentation needed to make a determination as to the reasonableness and necessity of the expenditures in question, which all parties agree will be binding. Ad Valorem Tax Abatement& Sales Tax Reimbursement Agreement Page 17 Doc#503220 Greenway Investments Cost Benefit Analysis October 22, 2007 Assumptions: City of Wylie Tax Abatement=80% @ 10 Years WEDC'A cent reimbursement for Greenway Wylie Lot 6&7 WEDC 'A cent reimbursement for Greenway Columbia WEDC'A cent Reimbursement for Greenway Springs Taxes Abated/Reimbursed Taxes Generated Cumulative City of Wylie WEDC WEDC City of Wylie WEDC City of Wylie Year New Value 80% 'A cent '/.cent Total 20% '/.cent 1 'A cent Total 2008 $1,972,795 $11,568 $0 $6,125 $17,693 $2,892 $6,125 $36,750 $45,767 2009 3,193,985 18,730 0 11,000 29,730 4,682 11,000 66,000 81,682 2010 7,200,543 42,224 0 24,450 66,674 10,556 24,450 146,700 181,706 2011 15,699,908 92,064 112,700 24,450 204,764 23,016 24,450 484,800 532,266 2012 20,081,984 117,761 139,450 24,450 281,661 29,440 24,450 565,050 618,940 2013 20,081,984 117,761 139,450 24,450 281,661 29,440 24,450 565,050 618,940 2014 20,081,984 117,761 139,450 24,450 281,661 29,440 24,450 565,050 618,940 2015 20,081,984 117,761 139,450 24,450 281,661 29,440 24,450 565,050 618,940 2016 20,081,984 117,761 139,450 24,450 281,661 29,440 24,450 565,050 618,940 2017 20,081,984 117,761 139,450 24,450 281,661 29,440 24,450 565,050 618,940 Total $871,151 $949,400 $212,725 $2,008,826 $217,788 $212,725 $4,124,550 $4,555,063 RESOLUTION NO. 2007-38(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR THE PROVISION OF TAX ABATEMENT AGREEMENTS, ADOPTING A COMPREHENSIVE POLICY STATEMENT FOR ECONOMIC DEVELOPMENT INCENTIVES; ESTABLISHING OBJECTIVE AND SUBJECTIVE CRITERIA EVALUATING INCENTIVE APPLICATIONS; ESTABLISHING MAXIMUM INCENTIVES TO BE PROVIDED; ESTABLISHING PROCEDURAL GUIDELINES FOR EVALUATING INCENTIVE APPLICATIONS; AND PROVIDING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS. WHEREAS,the City of Wylie, Texas ("Wylie") is committed to the long term economic growth and vitality of the City of Wylie and desires to promote a balanced property tax base; and WHEREAS, the City of Wylie realizes the positive benefits of job creation and economic diversification; and WHEREAS, the City of Wylie desires to attract and retain quality business and industry which compliment the quality of life within the community; and WHEREAS, the City of Wylie realizes the attraction of long term investment and the establishment of new jobs in the area would enhance the economic base of the City of Wylie; and WHEREAS, the City of Wylie may from time to time wish to stimulate economic development within the community through the provision of tax abatements and other economic development incentives; and WHEREAS, the City of Wylie realizes the abatement of taxes, when offered, will be an effective method of enhancing and diversifying the local economy through the attraction of new jobs and new wealth from outside the community; and WHEREAS, the City of Wylie acknowledges the Texas Tax Code Chapter 312, the Property Redevelopment and Tax Abatement Act (the "Act"), allows taxing units the ability to provide tax abatement for limited periods of time as an inducement for the development or redevelopment of a property and the City of Wylie elects to be eligible to participate in tax abatement; and WHEREAS, the City of Wylie acknowledges the Act requires any eligible taxing jurisdiction to establish guidelines and criteria as to eligibility for tax abatement agreements prior to the granting of any future tax abatements and the City of Wylie has established guidelines and criteria attached hereto as Exhibit "A" and incorporated herein for all purposes. Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page l 499884.v2 NOW, THEREFORE, BE IT RESOLVED THAT 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 Resolution as if fully set forth herein. SECTION 2. Guidelines and Criteria Established. Wylie, pursuant to Section 312.002, Texas Tax Code, hereby establishes the guidelines and criteria governing tax abatement agreements, which are attached hereto as Exhibit"A" and incorporated as if fully set forth herein for all purposes. SECTION 3. Election to Participate. Wylie hereby elects to be eligible to participate in tax abatement. SECTION 4. Effective Date. This Resolution shall become effective immediately upon its adoption. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 13th day of November 2007. 4(s"." ` o „Mayor Vim,• • •''•�%= ATTEST: • SEAL • • Carole Ehrlich, Ci Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd &Joplin, P.C. Richard Abernathy, City Attorney Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 2 499884.v2 EXHIBIT "A" -Economic Development Incentives I. Purpose and Objective The City of Wylie is committed to the promotion of quality development in all parts of the City and to an ongoing improvement in the quality of life for its residents. These objectives are generally served by the enhancement and expansion of the local economy. The City of Wylie will, on a case by case basis, give consideration to providing incentives as stimulation for economic development in Wylie. Nothing herein shall imply or suggest that the City of Wylie is under obligation to provide any incentive to any applicant. All applications shall be considered on a case by case basis. II. Criteria for Economic Development Incentives: Any request for tax abatement shall be reviewed by the City Council. A. Subjective Evaluation: The Council's recommendation shall be based, in part, upon a subjective evaluation of the following criteria which each applicant will be requested to address in narrative format. Employment Impact How many jobs will be brought to Wylie? What types of jobs will be created? What will the total annual payroll be? Fiscal Impact How much real and personal property value will be added to the tax rolls? How much direct sales tax will be generated? How will this project affect existing businesses and/or office facilities? What infrastructure construction would be required? What is the total annual operating budget of this facility projected to be? Community Impact What effect would the project have on the local housing market? What environmental impact, if any, will be created by the project? How compatible is the project with the City's comprehensive plan? Impact on Services and Planning: Is the project consistent with the comprehensive plan with or of the City of Wylie? What types and costs of public improvements and services (sewer main extensions, streets, alleys, etc.) will be required of the City? What types Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 3 499884.v2 and values of public improvements if any will be made by the applicant? B. Minimum Thresholds to be Eligible for Consideration (New Business): The following threshold criteria shall also be used to determine whether any economic development incentives shall be granted to new projects: 1. The proposed project must create at least ten (10) or more jobs by the end of the abatement period. 2. The proposed project must provide for taxable assets within two (2) years from the commencement of construction as evidence by a building permit issued by the City of Wylie. 3. The project must meet all relevant zoning requirements. 4. Generally to be eligible, a project must consist of an industrial, commercial, or warehouse use. C. Minimum Thresholds to be Eligible for Consideration (Existing Businesses): The City of Wylie recognizes the importance of expansion of the existing businesses as a key element in the economic development of the City. Therefore, different criteria for incentive eligibility have been developed for business expansion. In order to be eligible for abatement, an expanding business must meet the following criteria: 1. The project must create ten (10) or more jobs by the end abatement period. 2. The project must result in an addition of$500,000 in assessed value within the first year of the abatement. 3. The project must also meet the criteria as stated previously in this section. III. Types of Incentives It is the intent of the City of Wylie to evaluate the offering of economic development incentives on a case by case basis. This individualized design of a total incentive package is intended to allow a maximum flexibility in addressing the unique concerns of each applicant while enabling the City to better respond to the changing needs of the community. Below is a chart which reflects the percentage amount to be abated: MAXIMUM TAX ABATEMENT NEWLY CREATED VALUE OVER 5 YEAR PERIOD $3 million+ 400% $2 million- $2,999,999 300% Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 4 499884.v2 $1 million. $1,999,999 200% EXPANDED VALUE $2.5 million+ 400% $1,500,000 - $2,499,999 300% $500,000 - $1,499,999 200% Abatements may be granted for terms from two to five (2 - 5) years but may be extended to the limits as specified by state law. Abatements of greater than five (5) years may be considered, only if it can be clearly demonstrated that it is economically beneficial to the City to do so. Abatement periods in excess of five (5) years must be approved by a three- quarter vote of the City Council. Should the City Council approve an abatement agreement in excess of five (5) years, it is within its sole discretion to increase the maximum tax abatement offered. The above chart reflects the maximum tax incentive to be eligible for over a period not to exceed five (5) years. No applicant may take a percentage greater than 100% in any given year. For example,the qualified applicant may choose to take the 200% abatement over a two (2) year period at 100% each year; or may extend it to 50% each year for four (4) years. The same method would apply to the 300% and 400% abatement. Please keep in mind that the percentages stated on the right are the maximum amounts. Should the Wylie City Council hear supplementary evidence supporting a tax abatement beyond those guidelines and criteria established by this Resolution, a three- quarter vote of the City Council will be required. For example, should a 400%, five- year tax abatement be sought by an applicant for a project having less than $3 million in newly created value, a three-quarter vote of the City Council will be required. IV. Application Procedures Any person applying for economic development incentives will be required to comply with several application procedures as determined by the Office of the City Manager or its designee. V. Recapture The City of Wylie will have very specific performance standards that will be measured to ensure that the qualified applicant is adhering to these guidelines and any abatement agreement. In the event that the company or individual fails to keep current on ad valorem or other taxes, or violates the terms and conditions of the abatement agreement in any fashion; the City of Wylie will have the option along with the other taxing entities, to recoup any tax monies that were abated. Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 5 499884.v2 VI. Assignment The abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon approval of the City Council; subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of a new contractual agreement with the City of Wylie and all performance criteria are being met. VII.Sunset Provisions The guidelines and criteria are effective upon the date of their adoption and will remain in force for two (2) years. At which time all reinvestment zones and tax abatement contracts created pursuant to its provisions, will be reviewed by the City Council of Wylie to determine whether the goals of the abatement program has been achieved. Based upon that review,the guidelines and criteria may be modified,renewed or eliminated. Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 6 499884.v2