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10-14-2014 (City Council) Agenda Packet Wylie City Council CIT" OWY-LIE NOTICE OF MEETING Regular Meeting Agenda October 14, 2014— 6:00 p.m. Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl 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.wylieteaov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas. ay. 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Pastor David Keuss—The Lakes Church PRESENTATIONS • Presentation—City of Wylie Employee Anniversaries. (L. Fagerstrom, Human Resources Manager) • Cheryl Roberts- Circulation Services Supervisor- 10 • Cory Claborn- Fire Captain- 10 • Tommy Walters-Narcotics Sergeant- 15 October 14, 2014 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Lisa Laird—Dispatcher- 15 • Steve Seddig-Fire Marshal- 20 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 of the September 23, 2014, Regular Meeting and October 6, 2014 Special Called Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2014-33 setting the time and place for all regular City Council Meetings in the 2015 calendar year. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval and final acceptance of the East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project (Wylie Contract #W2012-43-B) and authorize final payment to AUI Contractors Inc. in the amount of$143,007.24 and accept the project as complete. (C. Hoisted, City Engineer) D. Consider, and act upon, the approval of the purchase of computer equipment from Dell Marketing LP in the amount of$51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources (DIR) agreement#DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) E. Consider, and act upon, the approval of the purchase of a John Deere Backhoe from RDO Equipment Company in the amount of$107,985.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB/Buy Board) agreement#424-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) F. Consider, and act upon, the approval of the purchase of Chevrolet trucks from Reliable Chevrolet in the estimated amount of$177,000.00 through a cooperative purchasing contract with the State of Texas TxSmartBuy agreement #072-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider, and act upon, the approval of the purchase of a dump truck from Southwest International Trucks Inc. in the amount of$104,388.39 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement #430-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) H. Consider, and act upon, the approval of the purchase of Chevrolet Police vehicles from Reliable Chevrolet in the estimated amount of $60,376.00 through a cooperative purchasing contract with Tarrant County Agreement# 2014-165, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) I. Consider, and act upon, the approval of the purchase of Chevrolet Police vehicles from Reliable Chevrolet in the estimated amount of$126,220.00 through a cooperative purchasing contract with the State of Texas TxSmartBuy agreement #072-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) October 14, 2014 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2014-34, abandoning a vacant tract of land at the northeast corner of State Highway 78 and Oak Street, within the Railroad Addition, Lot 37, Block 16, consisting of 0.099 acres or 4,318 square feet. (R. 011ie, Planning and Zoning Director) Executive Summary The applicant, Mr. Fawad Nayeb, is requesting that the City of Wylie abandon 4,318 square feet of public right-of- way which is part of the Railroad Addition, Lot 37, Block 16 and adjacent to Lot 1 of Block A of the Dollar General Addition, and contiguous to the recently abandoned right-of-way of 3rd and Oak Streets of the Original Town of Wylie,Texas, as recorded in Volume 5872,Page 1536, of the Deed Records of Collin County,Texas. 2. Hold a public hearing to discuss and review updates to the Capital Improvements Plan and Thoroughfare Impact Fees assessed by the City of Wylie. (C. Hoisted, City Engineer) Executive Summary On September 9, 2014,. Council approved Ordinance No. 2014-29 setting a date, ordering a public hearing to discuss and review updates to the Thoroughfare Capital Improvements Plan, and Thoroughfare Impact Fees. Chapter 395 of the Texas Local Government Code outlines the process and procedures for approving and updating impact fees. The Capital Improvements Plan identifies the projects necessary to serve the projected population over the next ten years and is based on the recently approved thoroughfare plan. 3. Consider, and act upon, approval of Ordinance No. 2014-35 updating the Thoroughfare Impact Fees to be assessed by the City of Wylie (C. Hoisted, City Engineer) Executive Summary On September 9, 2014, Council approved Ordinance No. 2014-29 setting a date, ordering a public hearing to discuss and review updates to the Thoroughfare Capital Improvements Plan and Thoroughfare Impact Fees. Chapter 395 of the Texas Local Government Code outlines the process and procedures for approving and updating impact fees. The Capital Improvements Plan identifies the projects necessary to serve the projected population over the next ten years and is based on the recently approved thoroughfare plan. READING OF ORDINANCES ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code,sC 551.001 et. seq., will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. October 14, 2014 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I certify that this Notice of Meeting was posted on this 10th day of October, 2014 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 the City of Wylie website: www.wylietexas.uov. Carole Ehrlich, City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, September 23, 2014- 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman Todd Wintters, Councilman Bennie Jones, Councilman William Whitney III, and Councilman David Dahl. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Brent Parker; Police Chief, John Duscio; City Engineer, Chris Hoisted; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Police Chief John Duscio gave the invocation and newly appointed Assistant Fire Chief Brandon Blythe led the pledge of allegiance. PRESENTATIONS • Presentation/Oath of Office — Administer the Oath of Office and Badge Pinning - City of Wylie Fire Chief,Brent Parker Mayor Hogue introduced newly appointed WFR Fire Chief Brent Parker. He stated that Chief Parker had been with Wylie Fire Rescue for 14 years and had moved through the ranks as Captain, Battalion Chief and now Fire Chief. City Secretary Ehrlich administered the oath of office to Chief Parker. Chief Parker's parents, James and Sharon Parker, pinned Chief Parker's collar brass and wife, Leslie, pinned his badge. City Manager Manson presented his fire helmet. Mayor Hogue, on behalf of the Wylie City Council, congratulated Chief Parker on his appointed position. Also in attendance were son Caleb, daughter Hallie, twin daughters Lily and Rachel, and mother-in-law Connie Friesen. Minutes September 23, 2014 Wylie City Council Page 1 • Proclamation-October 5-14,2014 as Fire Prevention Week. (B. Parker, Fire Chief) Mayor Hogue read a proclamation designating October 5-14, 2014 as Fire Prevention Week. The proclamation was presented to Chief Parker, Captain Ray Jackson, Brandon Storm and Richard Hollien, the "Wylie Wild Bunch", a group of WFR members that educate Wylie students on fire safety. 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. A large crowd of residents living in the City of Wylie and the Extra Territorial Jurisdiction (ETJ) spoke opposing the proposed Blacklands Corridor Toll Road (Northeast Gateway Toll Road). 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 of the September 9, 2014, the Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2014-36(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement among the City of Wylie; Collin County, Texas; the City of Lavon, Texas; the City of Parker, Texas; and the Town of Saint Paul, Texas concerning the formation of the Southeast Collin County Emergency Medical Services Coalition. (B. Parker, Fire Chief) C. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31,2014. (S. Satterwhite, WEDC Director) D. Consider, and act upon,Resolution No. 2014-37(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (L. Bantz, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2014. (L. Bantz, Finance Director) F. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31,2014. (L. Bantz, Finance Director) G. Consider, and act upon, the request from Run for Heroes Event for a vendor fair at Olde City Park on April 4,2015. (M. Sferra, Public Services Director) H. Consider, and act upon, the request from DFW Pup Patrol Rescue for a yard sale and adoption event at Olde City Park on October 25,2014. (M. Sferra, Public Services Director) Minutes September 23, 2014 Wylie City Council Page 2 I. Consider, and act upon, approval of the Financial Management Policies. (L. Bantz, Finance Director) J. Consider, and act upon, Ordinance No. 2014-32, amending the zoning from Agricultural (A/30) and Planned Development 93-29 to Planned Development-Single-Family (PD-SF), for single-family residential development on approximately 38 acres, located east of W.A. Allen Blvd. and north of Stone Road, immediately east of Stone Grove Addition. ZC 2014-05 (R. 011ie, Planning and Zoning Director) Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Consider, and act upon, the award of bid # W2014-64-B for Wylie Municipal Complex Trail Project; to North Rock Construction in the amount of$469,962.50, and authorizing the City Manager to execute any and all necessary documents. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that in 2012, the City was awarded $215,000 in grant funds from the Collin County Parks and Open Space Grant Program for construction of approximately 5,000 linear feet of new, 12-foot wide, concrete hike and bike trail, one metal, prefabricated pedestrian bridge, trail benches, and signage. In early 2014, an additional $200,000 in grant funding for the project was confirmed from the Texas Parks Wildlife Department. In March 2013, the City began design work on the project with Dunaway Associates, L.P., a firm located in Fort Worth that is experienced in trail design. Construction plans were reviewed with the Park and Recreation Board at various stages throughout development, and the Board concurs with the final trail design and layout. The construction plans were reviewed and approved for accessibility compliance by Texas Department of Licensing and Regulation. Sferra reported that in March 2014, an archeological survey of the site as required by the Texas Historical Commission (THC) was performed, and no cultural artifacts were found. In June 2014, the Texas Park and Wildlife Department issued a Notice to Proceed with the construction of the project. Sferra explained that during the design process, City staff investigated the use of synthetic macro fiber reinforcement as a cost-savings alternative to traditional steel reinforcement for use in the concrete trail. The product has been used by the Texas Department of Transportation on the DFW Connector Project, the City of Fort Worth on street reconstruction, and the City of Carrollton on several municipal trail projects. Staff visited several trail installations in Carrollton to inspect their condition and found them to be in extremely good condition and appearance after up to as many as eight years of service. Council Discussion Councilman Jones asked what the width of the trail would be. Mr. Sferra replied the trail would be 12 feet in width. Councilman Scott asked about lighting for the trail. Mr. Sferra replied there would be some overhead lighting from the complex/street but no direct lighting was planned for the trails. Mayor Hogue asked if the trails would be open after dark. Mr. Sferra stated that they would. Mayor Hogue suggested Minutes September 23, 2014 Wylie City Council Page 3 some signage and open/closed hours of operations be posted if the trails would have no lighting. Councilman Stephens asked if there would be a parking area on one end or the other for residents to park. Mr. Sferra replied that parking at the complex would allow those using the trails to access them between the Recreation Center and Library and parking would be in the master plan for future construction. Councilman Scott asked what the anticipated completion date would be. Mr. Sferra replied approximately 120 days from start of construction. The council commended Mr. Sferra regarding the acquisition of grants to fund the project. Council Action A motion was made by Councilman Whitney, seconded by Councilman Scott, to award bid #W2014-64 for Wylie Municipal Complex Trail Project, to North Rock Construction, in the amount of $469,962.50 and authorize the City Manager to execute any and all necessary documents. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2014-32 into the official record. WORK SESSION • Wylie Recreation Center Operations Budget Assessment. (M. Sferra/R. Diaz, Public Services) Ken Ballard, representing Ballard King and Associates, gave a short overview of the Wylie Recreation. Center Operations Budget Assessment. Areas covered included Market Review, General Assessment, Staffing Levels, Center Budget, Fees and Charges, Marketing Efforts, and Action Plan. Mr. Ballard explained that demographics showed a need in the community and outside for the center. A general summary of the overall operation's strengths included a well-run center with strong fitness orientation; with a small full-time staff. The Operations Budget is run well. The center is clean and well maintained and has strong record keeping. Some of the weaknesses included: Difficulty in handling all administrative tasks with the small staff; The center lacks an identity in the market; Cost recovery is comparable to Dallas facilities but low nationally; Loss of annual pass holders but growth in admissions; Greater emphasis on programs and services; Benefits and fees need to be updated; Lack of a marketing plan; Increasing maintenance demands, and; Aggressive financial performance benchmarks. The firm made recommendations in the areas of Staffing Levels, The Center Budget, Fees and Charges, Market Efforts and proposed an Action Plan over the next 2-3 years. Direction from council was for staff to prioritize the recommended changes in categories of"can do" and "want to do" and bring this back to the council for further consideration and implementation. Minutes September 23, 2014 Wylie City Council Page 4 RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session. Mayor Hogue convened into Executive Session reading the caption below at 9:35 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Property located near Jefferson and Ballard Avenue RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 10:10 p.m. There was no action taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to adjourn the meeting at 10:11 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 23, 2014 Wylie City Council Page 5 7 Wylie City Council CITYOF W I�I Minutes Special Called Meeting Wylie City Council October 6, 2014- 5:30 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Hogue called the meeting to order at 5:30 p.m. City Secretary Ehrlich took roll with the following Wylie City Council members present: Mayor pro tem Keith Stephens, Councilman Todd Wintters, Councilman David Dahl, and Councilman William Whitney III and Councilman Bennie Jones. Councilman Nathan Scott arrived at 5:57 p.m. Staff present included: City Manager, Mindy Manson; City Engineer, Chris Hoisted; Public Information Officer, Craig Kelly; and City Secretary, Carole Ehrlich. Support staff was also present. REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2014-38(R), opposing the construction of the private toll road project known as the Northeast Gateway in the City of Wylie and its Extraterritorial Jurisdiction; and providing for an effective date. (M. Manson, City Manager) Staff Summary The resolution for council consideration acknowledges and supports long range, comprehensive and regional transportation planning. The resolution also acknowledges the input that council has received along with the multiple discussions and work sessions in which the council has participated. Based on the information available to the City at this time, the resolution opposes the Northeast Gateway private toll road project as proposed by the Texas Turnpike Corporation. Minutes October 6, 2014 Wylie City Council Special Called Meeting Page 1 Council Discussion Mayor Hogue read the proposed resolution to those present and asked council members for comments regarding the resolution. Councilman Wintters voiced his concern with private companies having the power of eminent domain. He stated that looking at the route; it completely parallels IH 30 which with improvements would be a better alternative. Councilman Jones agreed with Councilman Wintters regarding private enterprise having eminent domain. Councilman Dahl voiced his agreement with the proposed resolution noting that he would like to support an initiative that prioritized long range state plans, thus eliminating the need for a toll road. Mayor pro tem Stephens stated that driving a wall through the center of our community was not good for Wylie; however, he was in favor of and supports long range comprehensive and regional transportation planning. Several residents living in Wylie and in the Extraterritorial Jurisdiction of Wylie spoke in appreciation of the proposed resolution and thanked the council. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Wintters to adopt Resolution No. 2014-38(R), opposing the construction of the private toll road project known as the Northeast Gateway in the City of Wylie and its Extraterritorial Jurisdiction; and providing for an effective date. A vote was taken and the motion passed 7-0. ADJOURNMENT A motion was made by Councilman Jones, seconded by Mayor pro tem Stephens to adjourn the meeting at 5:59 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 6, 2014 Wylie City Council Special Called Meeting Page 2 7 Wylie City Council CITY OFWY I AGENDA REPORT Meeting Date: October 14, 2014 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: September 15, 2014. Budgeted Amount: Exhibits: Ordinance & Calendar Subject Consider, and act upon, Ordinance No. 2014-33 setting the time and place for all regular City Council Meetings in the 2015. calendar year. Recommendation A motion to approve, Ordinance No. 2014-33 setting the time for 6:00 p.m. and place for all regular City Council Meetings in the 2015 calendar year. 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 2015 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, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. Page 1 of 1 ORDINANCE NO. 2014-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2015 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 2"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 the calendar year 2015. 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 2" and 4th Tuesdays for the first ten months of 2015 (January through October) and on the 2" Tuesday in November and December, 2015,. which shall be on the following dates: January 13 and 27, 2015 July 14 and 28, 2015 February 10 and 24, 2015 August 11 and 25, 2015 March 10 and 24, 2015 September 8 and 22, 2015. April 14 and 28, 2015 October 13 and 27, 2015 May 12 and 26, 2015. November 1.0, 2015. June 9 and 23, 2015 December 8, 2015 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 300 Country Club Road, Building #100, 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. Ordinance No.2014-33 Ordinance Establishing Meeting Dates-Calendar Year 2015 Page 1 of 2 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 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 the 14th day of October, 2014. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2014-33 Ordinance Establishing Meeting Dates-Calendar Year 2015 Page 2 of 2 2 1 Wylie Ci y ►unci Yearly` al : r January February n March VN. Ts .: w" S �. M T" "": . ."T.. E" S .. W T 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 ` 10'' 11 12 13 14 8 9,:.,!:10E 11 12 13 14 11 12 '13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 ! 24' 25 26 27 28 22 23 24 25 26 27 28 25 26 7 28 29 30 31 29 30 31 NApril.m May June 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 10 11 12 13 12 13 14' 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 2 24 25 26 27 26 27 28' 29 30 24 25 26 27 28 29 30 28 29 30 31 July „ August.M,. September w.,om, M T W a F F S k M T W I T F M T „T4F S 1 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 "11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 October November December 1 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 7 28 29 30 31 29 30 27 28 29 30 31 rt Wylie City Council AGENDA REPORT 541,pNt..��yy gpfibgY 5. Meeting Date: October 14, 2014 Item Number: C (City Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: October 6, 2014. Budgeted Amount: $3,831,968 Exhibits: 4 Subject Consider, and act upon, approval and final acceptance of the East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project (Wylie Contract #W2012-43-B) and authorize final payment to AUI Contractors Inc. in the amount of$143,007.24 and accept the project as complete. Recommendation Motion to approve final payment to AUI Contractors Inc. in the amount of$143,007.24 and accept the project as complete. Discussion On. July 24, 2012,. construction bid #W2012-43-B was awarded to AUI contractors Inc. in the amount of $3,831,968.00 for the reconstruction of the East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project. The pump station was put into service on June 10, 2014 and the existing delivery point located at the NTMWD plant site has been taken out of service. Funding sources for the project included the 2007 Water System CO's, water impact fees and funds from NTMWD. The final contract price is $3,726,514.79 which is $105,453.21 less than the amount awarded. A credit of$45,000 was negotiated with the contractor for delays in project completion. All punch list items have been addressed by the contractor. (Rev 01/2014) Page 1 of I 9 l y • • • PROFESSIONAL ENGINEERS 1910 Greenville Ave..Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOHN W BIRKHOFF,P E GARY C.HENDRICKS,P E JOE R.CARTER,P E MATT HICKEY,P.E ANDREW MATA;;JR,P.L JOSEPH T.GRAJEWSKI,III P.E_ DEREK B.CHANEY.P E CRAIG M.KERKHOFt°,P P September 18,2014 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 300 Country Club Road Wylie,Texas 75098 Re: East Brown Street Pump Station, 1.5 MG Ground Storage Reservoir and NTMWD Meter Vault Pay Request No. 23 and Final Dear Mr. Hoisted: We are enclosing two copies of Pay Request No. 23 and Final in the amount of$143,007.24,for the work performed by AUI Contractors,LLC for the East Brown Street Pump Station, 1.5 MG Ground Storage Reservoir and NTMWD Meter Vault project through September 17,2014. The final contract amount is $105,453.21 less than the original contract amount. This final pay request releases the 5%retainage on the project and includes a final project adjustment of $45,000. If you concur with this pay request,please have it executed for the City of Wylie and forward one copy along with the payment due to AUI Contractors,LLC. Sincerely yours, Joe R.Carter,P.E. Enclosures cc: Mr. Paul Hejl(AUI Contractors, LLC) TBPE Firm 526 ilC°EC:Wellness Firm Better Decisions-Better Designs 7'BPLS Firm 100318-00 p lclencaltwy1i4\2aO9.124 c brown n[ecsttproop staeataatpay rcrincsnpay sod 1[r-23-final.docx Owner: City of Wylie,Texas Pay Request No. 23&FINAL Project: East Brown Street Pump Station and 1.5-MG G.S.R. Contract Date: July 24,2012 Bid# W2012-43-8 Original Contract Amount: $__3,831,968.00 From: 26-Jul-14 To:' 17-Sep-14 Revised Contract Amount: $ 3,726,514.79 Project Start Date: 25-Sep-2012 Contractor: AIJI Contractors,LLC Est,Completion Date: 2-Feb-2014 Cal. Days 4775 North Freeway Tort Worth,Texas 76106 Allotted: 496 Used: 723 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No_ Description unit Proposal Quantity Request Completed Price Amount BASE BID NO. 1 - PUMP STATION I-1 Construct Pump Station ($900,000.00) 1.1.A Mobilization L.S. I 0% 100% $68,000.00 $ 68,000.00 I.I.B Bonds&Insurance L.S. I 0% 100% $57,479.52 $ 57,479.52 .I.0 'Submittals L.S. I 0% 100% $65,000.00 $ 65,000.00 I.I.D Excavate Pump Cans L.S. I 0% 100°fo $33,750.00 S 33,750.00 I.I.E FRP Pump Can Foundation L.S. I 0% 100% $3,000.00 $ 3,000.00 1.I.F Set Pump Cans L.S. I 0% 100% $70,000.00 $ 70,000.00 1.I.G Backfill Pump Cans L.S. 1 0% 100°, $39,210.00 $ 39,210.00 1.1.11 FRP Grade Beams L.S. I 0% 100% S28,800.00 $ 28,800.00 1.1.1 Backfill Grade Beams L.S. 1 0% 100% $4,560.00 $ 4,560.00 1.1.J Floor Drains&Piping L.S. 1 0% 100% $15,000.00 $ 15,000.00 1.1.K FRP Slab L.S. 1 0% 100% $49,800.00 $ 49,800.00 1.1.L Pump Equipment Pad L.S. I 0% 100% $1,500.00 $ 1,500.00 1.1.M Masonry L.S. I 0% 100% $50,000.00 $ 50,000.00 1.1.N Beams&Decking L.S. I 0% 100% $35,000.00 $ 35,000.00 1.1.0 ' Roofing&Gutters L.S. 1 0% 100% $17,000.00 $ 17,000.00 I.1.P Doors L.S. 1 0% 100% $25,000.00 $ 25,000.00 I.1.Q Skylights L.S. 1 0% 100% $7,000.00 $ 7,000.00 I.1.R Sheet Rock L.S. I 0% 100% $5,000.00 $ , 5,000.00 I.1.S Ceiling Tile!Insulation L.S. I 0% 100% $4,000.00 $ 4,000.00 I.I.T Metal Framing L.S. I 0% 100% $3,000.00 $ 3,000.00 I.I.0 Paint L.S. I 0% 100% $32,000.00 $ 32,000.00 1.I.V HVAC L.S. I 0% 100% $35,000.00 $ 35,000.00 I.I.W Interior Piping L.S. I 0% 100% $34,958.40 $ 34,958.40 1.I.X Electrical Mobilization L.S. I 0% 100% $25,000.00 $ 25,000.00 I.I.Y Switchgear L.S. I 0% 100% $94,000.00 $ 94,000.00 1.I.Z Light Fixtures L.S. I 0% 100% $17,000.00 $ 17,000.00 I.I.AA Electrical Rough-in L.S. 1 0% 100% $79.942.08 $ 79,942.08 1-2 24"Drilled Piers V.F. 640 0 640 $65.00 $ 41,600.00 1-3 3-Vertical Turbine Pumps wW$100-11p Motors I..S. I 0% 100% $230,000.00 $ 230,000.00 1-4 Transformer Pad w`Conduits&Electrical L.S. I 0% 100% $40,000.00 $ 40,000.00 -5 48"&20"Suction Pipe by Open Cut L.S. I 0% 100% $100,000.00 $ 100,000.00 1-6 30"Suction Pipe by Open Cut L.F. 73 0 73 $470.00 $ 34,310.00 1-7 24"Yard Discharge Pipe by Open Cut L.F. 218 0 218 $200.00 $ 43,600.00 1-8 20"Yard Suction Pipe by Open Cut L.F. 248 0 248 $130.00 $ 32,240.00 1-9 30"Butterfly Valves Ea, 2 0 2 $987.00 $ 1,974.00 1-10 20"Butterfly Valves(Outside Building) Ea. 2 0 2 $5,000.00 $ 10,000.00 I-11 6"PVC Drain Line w/2-Way Clean-out L..S. 1 -0 1 $6,000.00 $ 6,000.00 1-12 Yard Lighting.SCADA&Electrical,etc. ($160,000.00) 1.12A Electrical Materials L.S. 1 0% I00% $16,000.00 $ 16,000.00 1.12B Site Lighting L.S. 1 0% 100% $5,000.00 $ 5,000.00 1.12C NTM W D RTU L.S. 1 0°r'o 100% $12,000.00 $ 12,000.00 1.12D City of Wylie RI' i L.S. 1 0% 100% $17,000.00 S 17,000.00 1.12E Design Engineering&Programing L.S.' 1 0% I001%0 $20,000.00 $ 20,000.00 1.12E - Electrical Rough-in L.S. 1 0% 100°4 S90,000.00 S 90,000 00 of 3 _ Quantity Quantity Complete Total [tem in Revised This Work Contract Extended No Description Unit Proposal Quantity Request Completed Price Amount 1-13 Site Grading Pump Station.Parking&GSR L.S. I 0% 100°"0 $20,000.00 $ 20,000.00 1-14 Pump Station Channel Grading L.S. I 0% 100°0 $2,000.00 $ 2,000.00 1-15 18°Class III RCP Storm Sewer w=Embedment L.F. 46 0 46 S20.00 $ 920.00 1-16 8"Reinf.Concrete Access Drive&Parking S.Y. 374 0 374 $45.00 $ 16,830.00 1-17 5°Reinf.Concrete Sidewalk around Building S.F. 549 0 549 $6.00 $ 3,294.00 1-18 8'Screening Wall w/Piers L.F. 443 0 443 $275.00 $ 121,825.00 1-19 Motorised Welded Steel Slide Access Gate L.S. I 0% 100% $16,000.00 $ 16,000.00 1-20 Connect to Existing 24"Water Line - L.S. 1 0% 100% $4,000.00 $ 4,000.00 1-21 Seed&Fertilizer or Hydromulch(Entire Site) L.S. 1 0% 100% $10,000.00 $ 10,000.00 1-22 Trench Safety Plan&Devices L.S. 1 0% 100% $1,000.00 $ 1,000.00 1-23 SW3P.Erosion Control Devices(Entire Site) L.S. 1 0% 100% $5,000.00 $ 5,000.00 1-24 Transit Time Meter in 5'Manhole L.S. 1 0°% 100% $30,000.00 $ 30,000.00 1-25 Owner's Contingency Allowance L.S. 1 0% 0% $90,000.00 $- -Owner's Contingency Breakdown(Maximum$90,000} 1-2 _ Additional 24°'Drilled Piers : V.F. 0 0.00 54.75 $65.00 $ 3,558.75 1-25A Thrust Restraint Plate L.S. 0 1 0% 100% $6,045.00 $ 6,045.00 -26A Additional Screening Wall L.F 0 21.50 0.00 21.50 $275.00 $ 5,912.50 -27A Screening Wall Spread Footings Ea. 0 6 0 7 $1,037.22 $ 7,260.54 -28A Steel Slide Gate Revision Ea. 0 1 1 1 $1,770.00 $ 1,770.00 "Owner's Contingency Items $ 24,546.79 "'total: Base Bid No.1 -Pump Station $ 1,855,139.79 ALTERNATE BID NO. IA - PUMP STATION IA 2-Vertical Turbine Pumps w°100-Hp Motors L.S. 1 0% 100% $150,000.00 $ 150,000.00 Total: Alternate Bid No. IA-Pump Station $ 150,000.00 BASE BID NO. 2 - 1.5 MG GROUND STORAGE RESERVOIR 2-1 Construct E.Brown Street I.5-MG G.S.R. ($1,410,000.00) 2.1.A Mobilization L.S. I 0°0 100% S105,050.00 $ 105,050.00 2.1.B Excavate&Compact Subgrade L.S. I 0% 100% S70,000.00 S 70,000.00 2.I.0 Install French Drain L.S. 1 0% 100% $20,000.00 S 20,000.00 2.I.D Install Flexbase L.S. I 0% 100% $i 10,000.00 $ 110,000.00 2.I.E Crane Access Road L.S. I 0% 100% $45,000.00 S 45,000.00 2.I.F Natgun Mobilize L.S. I 0% 100°fo $30,000.00 S 30,000.00 2.I.G FRP Footing&Floor L.S. I 0% 100% $135,000.00 $ 135,000.00 2.1.H Cast Wall Panels L.S. 1 0°0 100% $100,000.00 $ 100,000.00 2.1.1 Cast Dome Panels L..S. I 0% 100% $96,000.00 $ 96,000.00 2.I.J Erect Dome Shoring&Forms L.S. 1 0% 100% $70,000.00 S 70,000.00 2.I.K Erect Wall Panels L.S. I 0% 100% $95,000.00 $ 95,000.00 2.1.L Erect Dome Panels L.S. I 0% 100% S90,000.00 $ 90,000.00 2.1.M 'Form&Pour Wall Slots L.S. I 0% 100% $39,950.00 $ 39,950.00 2.1.N Form Reinforce&Pour Dome Ring&Slots L.S. I 0% 100% $32,000.00 S 32,000.00 2.1.0 Core Wall Shotecrete L.S. I 0% 100% $42,000.00 S 42,000.00 2.1.P Prestressing L.S. I 0% 100% $60,000.00 S 60,000.00 2.1.Q Cover Coat L.S.' I 0% 100% $42,000.00 $- 42,000.00 2.1.R Coating System I..S. I 0% 100% $25,000.00 $ 25,000.00 2.1.S Strip&Remove Dome Shoring&Forms I..S. I 0°0 100% S40,000.00 $ 40,000.00 2.I.T Tank Appurtenances L.S. I 074 ;100°o $28,000.00 $ 28,000.00 2.1.0 Tank Piping L.S. I 0% 100°fo $75,000.00 $ 75,000.00 2.I.V Electrical&Instrumentation L.S. I 0% 100% $40,000.00 $ 40,000.00 2.I.W Test Tank L.S. I 0°0 100% $5,000.00 $ 5,000.00 2.I.X- Backfill L.S. I 0% 100% $15,000.00 $ 15,000.00 2-2 Trench Safety Plan&Devices L.S. I 0% 100% S1,000.00 9 $ 1,000.00 2-3 Owner's Contingencies Allowance L.S. I 0% 0°Po $40,000.00 $ - [Total: Base Bid No.2-Ground Storage Reservoir S 1,411,000 00 2 of 3 Quantity Complete Total Item in Revised Phis Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID NO. 3 - N.T.M.W.D. METER VAULT 3-1 Construct Meter Vault (S260.000.00) 3.I.A Mobilization L.S. I 0% 100% $19.100.00 $ 19,100.00 3.I.B Excavate L.S. I 0% 100% $18,240.00 $ 18.240.00 3.1.0 Backfill L.S. 1 0% 100% $18,795.00 $ 18,795.00 3.I.D FRP Slab L.S. l 0% 100% $11,562.50 $ 11,562.50 3.1.E FRP Walls L.S. 1 0% 100% $19,375.00 $ 19,375.00 3.1.F FRP Elevated Deck L.S. 1 0% 100% $12,500.00 $ 12,500.00 3.I.G Masonry L.S. 1 0% 100% $12,000.00 $ 12,000.00 3.1.H Roof L.S. 1 0% 100% $4,000.00 $ 4,000.00 3.1.1 Doors L.S. I 0% 100% $7,000.00 $ 7,000.00 3.1.J Misc.Metals L.S. I 0% 100% $4,000.00 $ 4,000.00 3.1.K Crane Beam&Hoist L.S. I 0% 100% $4,000.00 $ 4,000.00 3.1.L HVAC L.S. I 0% 100% $11,000.00 $ 11,000.00 3.1.M Painting L.S. I 0% 100% $5,000.00 $ 5,000.00 3.I.N Piping L.S. 1 0% 100% $5,427.50 $ 5,427.50 3.1.0 SCADA Antenna L.S. I 0% 100% $40,000.00 $ 40,000.00 3.I.P Switchgear L.S. I 0% 100% $10,000.00 $ 10,000.00 3.1.Q Light Fixtures L.S. I 0% 100% $8,000.00 $ 8,000.00 3.1.R Electrical Rough-in L.S. l 0% 100% $50,000.00 $ 50,000.00 3-2 Meter Vault Site Grading L.S. l 0% 100% $2,000.00 $ 2,000.00 3-3 18"Class I❑ RCP Storm Sewer w/Embedment L.F. 36 0 36 $20.00 $ 720.00 3-4 Connect to 20"Butterfly Valve L.S. 1 0% 100% $4,000.00 $ 4,000.00 3-5 20"Butterfly Valve(Buried w/Ext.Operator) Ea. 1 0% 100% $5,000.00 $ 5,000.00 3-6 8"Reinf.Concrete Pavement Access Drive S.Y. 259 0 259 $45.00 $ 11,655.00 3-7 Motorized Welded Steel Slide Access Gate L.S. 1 0% 100% $16,000.00 $ 16,000.00 3-8 Trench Safety for Meter Vault&Connection L.S. 1 0% 100% $1,000.00 $ 1,000.00 3-9 Electrical Service for Meter Vault L.S. 1 0% 100% $10,000.00 $ 10,000.00 [Total: Base Bid No.3-NTMWD Meter Vault $ 310,375.00 Prepared and Recommended by: BIRKHOFF,HENDRICKS&CARTER,L.L.P. Total Amount $ 3,726,514.79 Professional Engineers,Dallas.Texas Less Amount Retained 0% $ - Less Final Project Adjustment $ 45,000.00 By IS Sep14=�.� d .. fi° oe R.Carter,P.E. Date Total Amount Payable $ 3,681,514.79 Submitt y n tor: Less Previous Payments $ 3,538,507.55 AUI CO RS,LL PiDBy. li Amount Due This Request $ 143,007.24 Approved by Owner: CITY OF WYLIE, TEXAS By: Date 3 of 3 CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME,the undersigned authority,on this day personally appeared B.Doug Alumbaugh ("Affiant"),who,after being by me duly sworn,deposes and says that he is President , of AUI Contractors,LLC (corporation,partnership,trade name) of Tarrant County, State of Texas(the "Contractor"), which said Contractor was awarded the contract dated the 24th day of July 20 12 , for the construction of EAST BROWN STREET PUMP STATION AND 1.5 MG GROUND STORAGE RESERVOIR in The City of Wylie,Texas (the "Work"),for a total consideration of Three million six hundred eighty one thousand five hundred fourteen 79/1001sDollars to be paid to the said Contractor(the"Contract"),and that Affiant has full power of authority to make this affidavit. That The City of Wylie,Texas (the "Owner")has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code,and Article 5160 of the Revised Civil Statutes of the State of Texas,or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts the amount of S143,007.24 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract,and shall not be deemed to alter or modify the terms and provisions of said Co act. AUI Co actors,L By , 7 ftia B. 0r P (Printed gm ae) resi dent SUBSCRIBED Aj SWORN TO BEFORE ME,this the . day of A.D.2014. (N a Public,in d for th State of Texas) , / DFtE mm. ,1FF:Fl (Punted Name of Notary) /2 S', My Commission Expires ® fir'`® 45- �''fit�1lllstl ' � a:lclerieall ylie12 -726 a brown mreertpturp stationlspecskecls davi.t,docx CONSENT OF OWNER SURETY CONIPANY ARCHITECT TO FINAL PAYMENT CONTRACTOR SURETY OTHER Bond No. 60S101577 PROJECT: East Brown Street Pump Station& I.5mg Ground Storage Reservoir (name,address) Wylie Texas TO(Owner) City of Wylie Architect's Project No.: 300 Country Club Road Wylie TX 75098 Contract For: East Brown Street Pump Station& 1.5mg Ground Storage Reservoir Contract Date: July 24,2012 Contractor: AUI Contractors,LLC,4775 North Freeway,Fort Worth,TX 76106 In accordance with the provision of the Contract between the Owner and the Contractor as indicated above,the Liberty Mutual Insurance Company, SURETY COMPANY,on bond of AUI Contractors,LLC,CONTRACTOR, hereby approves the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie,OWNER, as set forth in the said Surety Company bond. IN WITNESS WHEREOF, the Surety Company has hereunto set is hand this 23'a Day of September,2014. Liberty Mutual Insurance Company Surety Company t 0 4* 1 Signature of Authorized Represent e At est: David C. Oxford (Seal): Attorney-In-Fact Note: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•April 1970 Edition •AIA® One Page ©1970•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave.,NW,Washington,D.C.20006 ThIS P3WER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. 617004 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY . KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,That Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Bret Tomlinson•Charles K Miller Clinton Norris.David C.Oxford-Peggy Hogan•Shannon Lewis:Sheri R.Allen.Sherrel Breazeale. Sophinie Hunter:Steve Rickenbecherr:Steven,I.Zineclser all of the city of DALLAS ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of June , 2013 , American Fire and Casualty Company m The Ohio Casualty Insurance Company o Liberty Mutual Insurance Company z West American Insurance Company •u N a) By: S C STATE OF WASHINGTON 5s Gregory fDavenport,Assistant Secretary L it COUNTY OF KING c �;On this 26th day of June , 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American gi F V qt,Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, AV O C;execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.co 4,)L `i > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O ! m = y�, Qr c'C By: 1L/l1tiC Q O m KD Riley,Not Public L r' e 0 O E 4 ID Q. c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N C ti, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w c R 4 ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p c Crg w to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, Lam+,e O C .acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :5 S E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so To a O ,executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >t 1- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. to e p' A' w C To c'ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that,purpose in writing by the chairman or the president, a i'. > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, �a !°p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C a Z 0 i respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O C executed such instruments shall be as binding as if signed by the president and attested by the secretary. V O v -„ Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W Davenport,Assistant Secretary to appoint such F. attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. • I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Ins#iranre Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. iN TESTIMONY WHEREOF.l have hereunto set my hand and affixed the seals of said Companies this 23rdday of September 20 14 . By: d�� David M.Carel Assistant Secretary LMS 12S73 092012 153 41 200 TEN YEAR WARRANTYAGREEMENT BETWEEN AUI CONTRACTORS, LLC AND THE CITY OF WYLIE,TEXAS This T Year Warranty Agreement("Agreement") is made and entered into as of the day of , 2014 ("Effective Date") by and between AUI Contractors,LLC, a Texas limited liability company ("AUI"), and the City of Wylie,Texas ("City"), a Texas home-rule municipality. AUI and City are each referred to herein as a "Party" or collectively as the "Parties." The Parties agree as follows: WHEREAS, AUI, as Contractor, and City, as Owner, entered into that certain contract dated July 24, 2012 ("Contract"), which provided for, among other things, AUI's construction of a pump station and ground storage reservoir described as the East Brown Street Pump Station and 1.5-MG Ground Storage Reservoir ("Project") located within the City of Wylie, Collin County,Texas; and WHEREAS, AUI and Smith Pump Company, Inc. ("Smith Pump"), as Vendor, entered into that certain Purchase Order No. 126039-500 dated August 1, 2012, whereby Smith Pump agreed to furnish, among-other things, five (5) Vertical Turbine Pumps (collectively, "5 Vertical Turbine Pumps") for incorporation into the Project by AUI; and WHEREAS, AUI was required to install the 5 Vertical Turbine Pumps pursuant to the Contract and according to certain plans, specifications, conditions and contract documents (collectively, "Contract Documents"),_ which are incorporated herein by reference for all purposes; and WHEREAS, disputes and controversies have arisen regarding whether the installation of four (4) of the 5 Vertical Turbine Pumps, specifically pump nos. 1,_3, 4 and 5,_on the Project (collectively, "4_Vertical Turbine Pumps") complied with the requirements of the Contract Documents; and WHEREAS, City agrees to accept the 4 Vertical Turbine Pumps on the condition that AUI warrants the 4 Vertical Turbine Pumps as suitable for the use specified in the Contract Documents, shall operate for their intended purpose related to the Project and shall be free from any and all defects arising from faulty or noncompliant installation, workmanship and/or materials; and WHEREAS, City further agrees to accept the 4 Vertical Turbine Pumps on the condition that AUI pays for repairs for any Defect (hereinafter defined) during the Warranty Period (hereinafter defined), indemnifies and defends City from and against the Claims (hereinafter defined) and complies with all other provisions of this Agreement; and WHEREAS, AUI agrees to provide the Warranty, as set forth and defined herein, in exchange for City accepting the 4 Vertical Turbine Pumps installed by AUI; and WHEREAS, this Agreement, negotiations leading to the Agreement, the consideration therefore, and the contents of this Agreement are not intended to constitute and shall not constitute any admission or concession of any kind by either Party as to claims and disputes TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LUC AND THE CITY OF WYLIE,TEXAS Page I of 9 653766.1 I�, related to the quality of work, material or labor involved in the construction and installation related to the Project. NOW, THEREFORE, for and"in consideration of the above premises, the mutual promises of the Parties set forth herein, the monies paid by City to AUI under the Contract, and other good and valuable consideration, the receipt and sufficiency of which are hereby agreed and acknowledged by the Parties, the Parties agree as follows: 1. Incorporation by Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of City and the authorized representative of AUI. 2. Acceptance of Work. City, although acknowledging that the 4 Vertical Turbine Pumps will not be installed in accordance with the Contract Documents, agrees to accept the 4 Vertical Turbine Pumps installed by AUI subject to the covenants, obligations and commitments of AUI set forth herein. 3. Warranty. AUI agrees to, and does hereby, warrant to City that starting on the date of final acceptance of the Project by City until the expiration of ten(10)years from that date ("Warranty Period"), the 4 Vertical Turbine Pumps are suitable for the use specified in the Contract Documents, shall operate for their intended purpose related to the Project and shall be free from any and all defects arising from faulty or noncompliant installation, workmanship and/or materials ("Warranty"). Notwithstanding any other provision of this Agreement, the Warranty shall not include any failure of the 4 Vertical Turbine Pumps which does not result from the failure of AUI to install the 4 Vertical Turbine Pumps in compliance with the requirements of the Contract Documents, as solely determined by City. 4. Notice and Inspections. A condition precedent to AUI's obligations under the Warranty shall be that (i) City shall use its best efforts to notify AUI within twenty-one (21) business days of discovering an alleged failure of any of the 4 Vertical Turbine Pumps; and (ii) in the event that City intends to alter the site of the 4 Vertical Turbine Pumps after any alleged failure of the 4 Vertical Turbine Pumps, City shall permit AUI to inspect the site and the 4 Vertical Turbine Pumps not less than seven (7) business days after AUI receives the written notice described in this paragraph. 5. AUI's Repair and/or Replacement Obligations. If, during the Warranty Period, any of the 4 Vertical Turbine Pumps fail to perform in any material respect due to any defect arising from faulty or noncompliant installation, workmanship- and/or materials by AUI ("Defect"), and City provides the notice as described by Paragraph 4 of this Agreement, AUI shall, at its sole cost and expense, make repairs to and/or replace (if repairs are not practicable) any of the 4 Vertical Turbine Pumps containing the Defect, so as to bring the defective Vertical Turbine Pump(s) to a condition that complies with the Warranty. In making such repairs or replacements,AUI shall also be required to pay for repair of the ground surface, pavement areas, sidewalks and other structures and/or areas that are disturbed or damaged by the failure of and/or the repair and/or replacement of the defective Vertical Turbine Pump(s). AUI shall also pay for TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 2 of 9 653766.1 all necessary labor and equipment costs directly and/or indirectly associated with the repairs and replacements described herein. 6. Time to Remedy Defect. AUI shall commence the repairs and/or replacements, as required herein, within ten (10) calendar days of receiving notice of the Defect. If AUI fails to commence the repairs and/or replacements within that time,City may, among other remedies available to it at law or equity, seek specific performance of this Agreement. 7. City's Remedial Action. Notwithstanding any other provision of this Agreement, if, in City's sole discretion, a Defect affects the immediate health or safety of the public, City shall as soon as reasonably practicable notify AUI and request that AUI immediately repair and/or replace the defective Vertical Turbine Pump(s). If City notifies AUI of the Defect and the need for immediate repair and/or replacement, and AUI fails or refuses to immediately commence such repair or replacement, City is authorized to take any action it deems necessary, in its sole discretion, to remedy the Defect at its own expense and subsequently invoice AUI for City's costs related to the repair and/or replacement of the defective Vertical Turbine Pump(s). AUI shall reimburse City for the full invoiced amount within thirty (30) calendar days of receipt of City's invoice and documentation evidencing such actual repair and/or replacement costs. 8. Indemnification. (A) AUI SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF AUI IN ITS PERFORMANCE OF THIS AGREEMENT,INCLUDING BUT NOT LIMITED TO, THE WARRANTY REQUIREMENTS AND THE REPAIR AND REPLACEMENT OBLIGATIONS, AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY AUI PURSUANT TO THIS AGREEMENT,REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES,ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN AUI AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE AUI, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 3 or 653766.1 REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. AUI IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. (B) CITY SHALL HAVE THE RIGHT TO APPROVE DEFENSE COUNSEL TO BE RETAINED BY AUI IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, BUT SUCH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF AUI'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF AUI'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. AUI SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF AUI FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND AUI SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. (C) THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH 8_SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. Default. Unless otherwise expressly provided herein, if AUI fails to comply with any of the provisions of this Agreement within ten (10) business days after written notice thereof from City, City will be entitled to seek specific enforcement of this Agreement in addition to City's other rights and remedies, at law or in equity. In the event City fails to comply with any of the provisions of this Agreement within ten (10) business days after written notice thereof from AUI, AUI will be entitled to seek specific performance of this Agreement in addition to AUI's other rights and remedies, at law or in equity. 10. Scope of this Agreement. This Agreement only addresses the 4 Vertical Turbine Pumps. City, therefore, maintains and reserves any right afforded City to reject any other portion of the Project that fails to comply with the Contract Documents,including but not limited to, the written product specifications included therein. This Agreement shall not modify or waive any guarantee or warranty set forth in the Contract Documents. The Warranty provided in this Agreement is in addition to and cumulative of all guarantees and warranties set forth in the Contract Documents. 11. Authority to Execute. The individuals executing this Agreement on behalf of the respective Parties represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his or her signature appears, that there are no other Parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other Party for whom the individual is signing this Agreement and that each individual affixing TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LLC AND THE C[TY OF WYLIE,TEXAS Page 4 of 9 653766.1 his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 12. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other Party. 13. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested; facsimile; electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification,the addresses of the Parties shall be as follows: If to AUI: AUI Contractors, LLC Attn: Mario Carbone 4775 North Freeway Fort Worth,Texas 76106 Telephone: (817) 926-4377 Facsimile: (817) 926-4387 Email: mcarbone@auigc.coin With a Copy to: AUI Contractors, LLC Attn: Legal Department 4775 North Freeway Fort Worth,Texas 76106 Telephone (817) 926-4377 Facsimile (817) 926-6416 Email: ksummers@,auigc.com If to City: City of Wylie Attn: Mindy Manson, City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 Email:-mindy.manson@wylietexas.gov TEN YEAR WARRANTY AGREEMENT BETWEEN ACE!CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 5 of 9 653766,1 With a Copy to: Abernathy,Roeder, Boyd & Joplin, P.C. Attn: Ryan D. Pittman 1700 Redbud Blvd., Ste. 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email: rpittman@abernathy-lavv.com 14. Venue. This entire Agreement is performable in Collin County, Texas, and the venue for any action related, directly or indirectly,to this Agreement or in any manner connected therewith shall be in a court of appropriate jurisdiction in Collin County, Texas. This Agreement shall be construed under the laws of the State of Texas. 15. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable and/or unlawful by a court of competent jurisdiction, then that term, condition and/or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable and/or unlawful provision had never been contained herein. 16. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. 17. Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had the opportunity to confer with its counsel. 18. Assignment. This Agreement or any part thereof shall not be assigned or transferred by either Party without the prior written consent of the other Party. 19. Indemnity The Parties agree that the Indemnity provision set forth in Paragraph 8 herein is conspicuous and that the Parties have read and understood the same. 20. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. 21. Consideration. This Agreement is executed by the Parties hereto without coercion or duress for substantial consideration,the sufficiency of which is forever confessed. 22. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 6 of 9 653766.1 Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. 23. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein. No other agreements are effective unless made a part of this Agreement. Any amendment to and/or modification of this Agreement must be in writing and signed by the Parties. Any other attempted amendment and/or modification shall be void. 24. Time is of the Essence. Time is of the essence in the performance of this Agreement. 25. Waiver. Waiver by either Party of any breach of this Agreement,or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect,limit or waive such Party's right thereafter to enforce and compel strict compliance. 26. Warranties/R.epresentations. All warranties, representations and covenants made by one Party to the other in this Agreement or in any certificate or other instrument delivered by one Party to the other under this Agreement shall be considered to have been relied upon by the other Party and will survive the satisfaction of any fees and/or obligations under this Agreement, regardless of any investigation made by either Party. 27. Attorneys' Fees. In any legal proceeding brought to enforce the terms of this Agreement, the prevailing Party, in addition to other remedies available, may recover its reasonable and necessary attorneys' fees_ from the non-prevailing_Party, subject- to the limitations in § 271.153, TEx.Loc.Gov'T CODE, as it exists or may be amended. 28. Reference to AUI. When referring to "AUI"herein, this Agreement shall refer to and be binding upon AUI, and its successors and assignees (as authorized herein). 29. Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City and its assignees (as authorized herein). 30. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumptions 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. [Signature page follows.] TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 7 of 9 653766.1 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the Effective Date. CITY: AUI: City of ylie, Texas, AUI Contractors,LLC, a Texas home-rule municipality a Texas limited li i company By: By: Mindy Manson, City Manager Charles Plumhoff, Vi e Pr identlCF4 ATTEST: Carole Ehrlich, City Secretary TEN YEAR WARRANTY AGREEMENT BETWEEN AUI CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 8 of 9 653766.1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the City Manager and duly authorized representative for the City of Wylie, Texas, a Texas home-rule municipality, and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF"FIV, ' `!' ' § BEFORE ME, the undersigned authority, on this day personally appeared Charles Plumhoff, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the Vice President/CFO and duly authorized representative for AUl Contractors, LLC, a Texas limited liability company, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this fr day of .Sel).1009-ci 2014. 4111L STACEY L.WADE Notary Public ' and for the State of Texas My Commission Expires February 23,2015 TEN YEAR WARRANTY AGREEMENT BETWEEN AUL CONTRACTORS,LLC AND THE CITY OF WYLIE,TEXAS Page 9 of 9 653766.1 uF Wit, .,i Wylie City Council .,,,t,,,; AGENDA REPORT 4,8$ Meeting Date: October 14, 2014 Item Number: D Department: IT (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100-5155-52130 Date Prepared: October 6, 2014 Budgeted Amount: $51.500.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of computer equipment from Dell Marketing LP in the amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources (DIR) agreement #DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of computer equipment from Dell Marketing LP in the amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources (DIR) agreement #DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of 25 Dell desktop computers and 5 Dell laptop computers from Dell Marketing LP through the use of a cooperative purchasing contract with the State of Texas Department of Information Resources (DIR) agreement #DIR-SDD-1951. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local. Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-4-I) Page 1 of 1 OF Wit, .,i Wylie City Council ,,, P. ... AGENDA REPORT ,,;,.$ Meeting Date: October 14, 2014 Item Number: E (City Secretary's Use Only) Department: Public Works Prepared By: Purchasing Account Code: 611-5714-58850 Date Prepared: October 6, 2014 Budgeted Amount: $107,985.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of a John Deere Backhoe from RDO Equipment Company in the amount of$107,985.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB/Buy Board) agreement #424-13, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of a John Deere Backhoe from RDO Equipment Company in the amount of $107,985.00 through a cooperative purchasing contract with the Texas Association of School. Boards (TASB/Buy Board) agreement #424-13, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of a John Deer backhoe loader from RDO Equipment Company through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB/Buy Board) agreement #424-13. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-5-I) Page 1 of 1 OF Wit, r Wylie City Council � r . ,..ftz; AGENDA REPORT ,,;Ist Meeting Date: October 14, 2014 Item Number: F (City Secretary's Use Only) Department: Purchasing Prepared By: Purchasing Account Code: 100-various Date Prepared: October 8, 2014 Budgeted Amount: $177,000 Exhibits: Subject Consider, and act upon, the approval of the purchase of Chevrolet trucks from Reliable Chevrolet in the estimated amount of $177,000.00 through a cooperative purchasing contract with the State of Texas TxSmartBuy agreement#072-Al, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of Chevrolet trucks from Reliable Chevrolet in the estimated amount of $177,000.00 through a cooperative purchasing contract with the State of Texas TxSmartBuy agreement#072-Al, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of six (6) Chevrolet trucks from Reliable Chevrolet for Building Inspections, Streets and Parks 4B through the use of a cooperative purchasing contract with the State of Texas TxSmartBuy agreement #072-A1. The City is authorized to purchase from the State Contract list pursuant to Section 271. Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-8-I). Page 1 of 1 OF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,-:is Meeting Date: October 14, 2014 Item Number: G Department: Public Services (City secretary's Use Only) Prepared By: Purchasing Account Code: 100-5411-58850 Date Prepared: October 8, 2014 Budgeted Amount: $125,000.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of a dump truck from Southwest International Trucks Inc. in the amount of$104,388.39 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement#430-13, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of a dump truck from Southwest International Trucks Inc. in the amount of $104,388.39 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement#430-13, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of a dump truck from Southwest International Trucks Inc. in the amount of $104,388.39 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement #430-13, and authorizing the City Manager to execute any necessary documents. The City is authorized to purchase from the Buy Board Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-3-1). Page 1 of 1 uF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,-:is Meeting Date: October 14, 2014 Item Number: H (City Secretary's Use Only) Department: Purchasing Prepared By: Purchasing Account Code: 100-5211-58510 Date Prepared: October 8, 2014 Budgeted Amount: $69,000 Exhibits: Subject Consider, and act upon, the approval of the purchase of Chevrolet Police vehicles from Reliable Chevrolet in the estimated amount of$60,376.00 through a cooperative purchasing contract with Tarrant County Agreement #2014-165, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of Chevrolet Police vehicles from Reliable Chevrolet in the estimated amount of $60,376.00 through a cooperative purchasing contract with Tarrant County Agreement #2014-165, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of three (3) Chevrolet Police Impala units from Reliable Chevrolet through the use of a cooperative purchasing contract with Tarrant County agreement #2014-165. One unit is for Police SRO division and two (2) units are for Criminal Investigations Division (CID). The City is authorized to purchase from the County Contract list pursuant to Section 271 Subchapter F of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-10-I). Page 1 of 1 nF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,-:is Meeting Date: October 14, 2014 Item Number: I (City Secretary's Use Only) Department: Purchasing Prepared By: Purchasing Account Code: 100-5211-58510 Date Prepared: October 8, 2014 Budgeted Amount: $118,000; $8,624 Exhibits: Subject Consider, and act upon, the approval of the purchase of Chevrolet Police vehicles from Reliable Chevrolet in the estimated amount of $126,220.00 through a cooperative purchasing contract with the State of Texas TxSmartBuy agreement#072-Al, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of Chevrolet Police vehicles from Reliable Chevrolet in the estimated amount of $126,220.00 through a cooperative purchasing contract with the State of Texas TxSmartBuy agreement#072-Al, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of four (4) Chevrolet Police Tahoe units from Reliable Chevrolet through the use of a cooperative purchasing contract with the State of Texas TxSmartBuy agreement #072-A1. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2015-9-I). Page 1 of 1 OF tyke. 1 thortiw. Wylie City Council PNr r� ib+lY AGENDA REPORT �y�y }} GI�R Meeting Date: October 14, 2014 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 8, 2014. Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, Ordinance No. 201.4-34, abandoning a vacant tract of land at the northeast corner of State Highway 78 and Oak Street, within the Railroad Addition, Lot 37, Block 16, consisting of 0.099 acres or 4,318 square feet. Recommendation Motion to approve Ordinance No. 2014-34, abandoning a vacant tract of land at the northeast corner of State Highway 78 and Oak Street, within the Railroad Addition, Lot 37, Block 16, consisting of 0.099 acres or 4,318 square feet. Discussion Owner: City of Wylie Applicant: Nayeb Family,LP The applicant, Mr. Fawad Nayeb, is requesting that the City of Wylie abandon 4,318 square feet of public right- of-way which is part of the Railroad Addition, Lot 37, Block 16 and adjacent to Lot 1 of Block A of the Dollar General Addition, and contiguous to the recently abandoned right-of-way of 3rd and Oak Streets of the Original Town of Wylie, Texas, as recorded in Volume 5872, Page 1536, of the Deed Records of Collin County, Texas. The purpose of the request is to expand and improve existing property at 401 Hwy 78 (Exhibit B). In October 2009, the applicant was successful in attaining an abandonment of a portion of 3rd and Oak Streets, in accordance with City Ordinance No. 2007-21. With the realignment of Oak Street, and the abandonment of 3rd and Oak, a small parcel remained under City ownership (Exhibit A). While working with the surveyor of record, it was determined that the remaining portion was not sufficient for proper development, unless it were to be combined with the abandoned 3rd Street R.O.W. The Applicant acquired the services of CBRE Appraisals to conduct an appraisal of the property and establish its fair market value (Exhibit C). The cost of this appraisal was paid for by the applicant. The appraisal, which is attached, indicates that the fair market value of the property is established at two dollars and sixty-four cents ($2.64)per square foot. The subject right-of-way totals 0.099 acres or 4,318 square feet. Page 1 of 2 Page 2 of 2 The total fair market value of the ROW is $11,399.52. This figure was rounded to a final overall value of $11,400.00. The appraisal contains comparable properties on which to base the appraised value. The subject property is valued as vacant land only, devoid of any improvement. CONSIDERATION: The land area as described herein contains approximately 99 feet of frontage along Highway 78 and 70 feet depth at its largest point and tapering to 0 feet at its northern boundary and is somewhat triangular in shape. Staff has reviewed the request and determined that the ROW contains no utilities. However, with the replatting of the abandoned properties, any defined easements can be provided for any underground utilities or storm drains in these abandoned ROWs. The City receives no tax revenue from right-of-way property. If the right-of-way is converted to a private ownership, the City would begin to receive taxes on this property. Right-of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. The applicant shall have six months from the date of City Council approval of abandonment to submit and file a plat or replat with Collin County to incorporate the abandoned right-of-way into the adjacent platted lot(s). The replat shall also establish utility and access easements. ORDINANCE NO. 2014-34 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING 4,318 SQUARE FEET OF PUBLIC RIGHT- OF-WAY LOCATED AT THE NORTHEAST CORNER OF STATE HIGHWAY 78 AND OAK STREET, WITHIN THE RAILROAD ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is platted as public right-of-way bounding the northeast corner of S.H. Highway 78 and Oak Street in the Railroad Addition, said right-of-way being a remnant of roadway realignment of Oak Street and 9,629 square feet of previously abandoned 3rd Street to the east; and WHEREAS, the Nayeb Family LP, principal owner of the property adjacent to said right-of-way has requested that the right-of-way be abandoned and offered for sale according to State law and Section 2.12 of the City of Wylie Subdivision Regulations; and WHEREAS,the City of Wylie has determined that said right-of-way is no longer needed for public access purposes, provided that existing utilities located within said right-of-way are converted to easements through replatting or other legal instruments by the new owners acquiring said right-of-way; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the above described right-of-way and as shown in Exhibits "A" & "B" attached are no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of right-of-way should be abandoned in favor of adjacent property owners. SECTION 2: That this abandonment shall extend only to the public right-of-way, title and interest which the City of Wylie, Texas may have in and to said right-of-way, and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. Ordinance No. 2014-34 Abandoning Right of Way Hwy. 78 and Oak Street DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14t1 day of October, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: October 22,2014,in the Wylie News Ordinance No. 2014-34 Abandoning Right of Way Hwy. 78 and Oak Street EXHIBIT "A" LEGAL DESCRIPTION For City of Wylie Right-of-Way Abandonment 0.099 Acres 4,318 Square Feet Being all that certain lot, tract or parcel of land situated in the S. B. Shelby Survey, Abstract Number 820 and the Francisco de la Pina Survey, Abstract Number 688, City of Wylie, Collin County, Texas, being part of Lot 37, Block 16, Railroad Addition according to the plat thereof recorded in Volume 77, Page 494 of the Deed Records of Collin County, Texas, part of the existing right-of-way of Oak Street according to said plat and being more particularly described as follows: BEGINNING at a 1/2" capped rebar(G &A) set at the intersection of the north right-of-way line of Oak Street and the west right-of-way line of 3'd Street, being the southeast corner of said Lot 37, Block 16, Railroad Addition; THENCE West, 32.07 feet, along the north right-of-way line of Oak Street, to a IA" capped rebar(G &A) set at the point of curvature of a curve to the right; THENCE Northwesterly, across said Lot 37, Block 16, Railroad Addition, being the new north right-of-way line of Oak Street, and with the arc of said curve having a radius of 125.00 feet, a central angle of 25°53'28", whose chord bears N 53°58'50" W, 56.01 feet, an arc length of 56.49 feet, to a '/2" capped rebar(G &A) set on the southerly right-of-way line of State Highway 78 (variable width R.O.W.); THENCE N 51°18'17" E, 99.13 feet, along the southerly right-of-way line of State Highway 78, to a 1/2" capped rebar(G &A) set on the west right-of-way line of 3rd Street, being the east line of said Lot 37, Block 16, Railroad Addition; THENCE South, 94.91 feet, along the west right-of-way line of 3'" Street and the east line of said Lot 37, Block 16, Railroad Addition, to the POINT OF BEGININNING, and containing approximately 0.099 acres or 4,318 square feet of land. Subject to any easements or other encumbrances that may apply. 9-13 Kent M. Mobley, RPLS No.4796 Date Grantham and Associates, Inc. t2;r" GIST ,i7*%.4. tk rr - * ...KENT M. MOBLE " 1\1 4796 N,14 ESSfly�a*Q� , ...Sk3 • NUMBER RADIUS DELTA ANGLE ARC LENGTH CHORD DIRECTION CHORD LENGTH yl � I 4 lo Ci 125.00' 25'53'28" 56.49' N 53'58'50 56.01' ca\S?' 25 0 25 50 ?,\"�be scale feet 4 4 5 �1 R 0 � c ' Qc 0.099 ACRES 4�, �� 4318 SQ. FT. 1 LU LOT 2, BLK. A "� , e s{x DOLLAR GENERAL CAB. K. PG. 900 AI S ��.1:6 � g���7 1...., U3 . LOT 1, BLK. A D.R.C.C.T. gi p. ,! CAB. K, PG. 900 & ,, F. , D.R.C.C.T. 1 C, . LOT 37, BLK. 16 'z 5-9 e. RAILROAD ADDITION ] VOL.. 77, PG. 494 O $e i I e D.R.G 4 C. T. V) i ,�'` R/Yr • WEST- e VW R/W R/W 32.07' P.O.B. OAK STREET (70. R.O.W.) R/W R/Y! R/'M R/W R/'M re" _F11W R/W ..._„R/y RAILROAD ADDITION RAILROAD ADDITION i ate BLOCK 21 BLOCK 21 3RD STREET T LOT I7 LOT I - I ` Grantham &.Associates, Inc. �' OF r '. ao Civil Engineering&Surveying v' 'S ....,. ., r I Serving with Integrity } �+, s�Cs\S r i,R ' a aD 6570 NAAMAN FOREST BMX,SUITE 200,LB.2 {9721864.2333 Ma) LEGEND ` :? 4 �, ' :u a GARLAND.TD(AS 75044 {972)864-2334(FAX) s a 0= 0 = IRON ROD SET, IRON RODS, WHERE INDICATED, UNLESS OTHERWISE NOTED, 4 KENT M. MOBLEY ul BOUREAGTV SURVEr ARE TO BE SET AND ARE IRON RODS, ONE HALF INCH IN DIAMETER, ` .4 ' 1 „ „ TWENTY FOUR INCHES LONG WITH A PLASTIC CAP PLACED ON THE TOP ► 9..,;Pp 4796pi.� , , ce EXHIBIT B BEARING THE INITIALS G&A. ► 41 ...E..... 'ck, ► z f� WY LIE = DEED RECORDS COLLIN COUNTY, TEXAS ,�� - ♦�R`1 }i KENT M. MOBLEY m . ... ... ..R.P .S, NO. 4796 OD CITY OF �* ■ LIE PROCEDURE FOR ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT A. Formal application for right-of-way abandonment shall be made by the applicant submitting to the Planning Department an application and all required documentation stating reason for abandonment and a description of the land. The City Council shall have the final authority to approve or deny an abandonment request. 1. Application required: Attached to this information sheet is an application form for the abandonment of public right-of-way/easement. 2. Submission deadline: The application must be completed and returned to the Planning Department. The Planning Department will circulate the application among the various City departments for review and approval. After all City departments have executed the application, it will be placed on the next available Council agenda. The City Council holds regular meetings on the second and fourth Tuesdays of the month at 6:00 p.m. at the Wylie Municipal Complex - Council Chambers, 300 Country Club, Building 100, Wylie, Texas 75098 3. First page of application: On the first page of the application, the heading information to be filled in includes the name of the addition or subdivision in which the public right-of-wayeasement is located. The exception to this case would be the abandonment of a street, in which case the street name would appear in the heading. The date the application is prepared should be entered in the appropriate space. Item No. 6 on the first page should set out the names and addresses of the abutting property owners who have not consented to the vacation and abandonment which you seek. Abutting property owners are owners of land that abut any portion of the land immediately next to the public right-of-way/easement proposed to be abandoned. You should also state why their consent was not obtained; that is, if you were unable to locate the abutting property owners or if the abutting property owner refused to give his or her consent, you should so state briefly setting out the points of objection that such owner might have to this abandonment. Additional sheets may be used if necessary to fully explain. 4. Item No. 7 provides space for a brief statement of the reason such right-of- way/easement should be abandoned. Item No. 8 should relate briefly the history of the use of the right-of-way/easement sought to be abandoned. 5. It is very important that the full name and address of the applicant be shown in the space provided. This will insure proper notifications to the applicant. The applicant's signature must appear immediately above the typed name and the notary certification must be completed. Procedure for Abandonment of a Public ROW Page 1 488299.v1 6. Exhibit No. 1: Please note that the abandonment of right-of-way/easement may convey, by law, part of the property to the abutting property owner on the other side. You must provide, attached to the application, a metes and bounds description (dividing the area in half) of the area sought to be abandoned. This item is most easily furnished by a licensed land surveyor. 7. Exhibit No.2: You must provide, attached to the application, a copy of a plat or detailed sketch of the right-of-way/easement sought to be abandoned. Again, this item is most easily furnished by a licensed land surveyor. It must clearly show the surrounding areas to the nearest streets in all directions, abutting lots, and the block or blocks in which the area sought to be abandoned is located. It shall also show the names of the record owners of the lots abutting the area sought to be abandoned. 8. Exhibit No. 3: As applicant you are responsible for circulating the application and securing the signatures of the authorized representatives or requesting a letter from the authorized representatives. Upon receiving the required signatures/letters, these documents must be made part of this application. 9. Exhibit No. 4: The Planning Department will be responsible for circulating the application amongst the City departments. 10.Exhibit No. 5: All property owners abutting such right-of-way shall be notified by the applicant of such request by certified letter. A written response from each abutting property owner must be received by the City or attached to this application prior to staff review. Sample letter included for your use. 11.Exhibit No. 6: All applicants shall obtain a certified appraisal of the land to be abandoned,unless a waiver to this requirement has been obtained. 12.Exhibit No. 7: All property owners abutting the right-of-way to be abandoned must execute the Release of Claims in favor of the City. 13.An applicant shall have six (6) months from the date of City Council approval of the abandonment to complete all steps required for purchase of the abandoned right-of-way, obtaining City approval of the plat or replat and filing the plat or replat with the county. The approval shall expire on the last day of the six-month period if all steps are not complete. Reapproval of an abandonment by the City Council may be applied for at any time subsequent to the date such abandonment becomes invalid by following the procedures set forth herein. If the Director of Planning or City Council should deem changes necessary in the reapproval of an abandonment in light of new or significant information or requirements, it shall so inform the applicant. Procedure for Abandonment of a Public ROW Page 2 488299.v l B. Content: 1. The abandonment document shall be in accordance with the final plat requirements of the Subdivision Ordinance, including but not limited to Article II, Section 2.12. C. Abandonment of Fire Lanes: 1. In instances where fire lanes are depicted on a plat of record, the owner of the property may submit request for a certificate of abandonment to remove the fire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. 2. The request shall include an accurate diagram of the proposed abandonment and reference the exact name of the plat, including volume and page number where the plat was recorded. The request shall be forwarded to the City Council for consideration. 3. Not withstanding any action regarding the certificate of abandonment of a platted fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire Code. 4. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six (6) months from the date of approval. Procedure for Abandonment of a Public ROW Page 3 488299.v1 For Office Use Only CC Case Number: Date Submitted: CITY OF WYLIE ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ❑ A completed copy of the attached Abandonment of Public ROW/Easement application. ❑ All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ❑ Attach responses from all abutting property owners. (sample letter enclosed). ❑ A certified appraisal of the value of the land to be abandoned. ❑ A certified check to the City for the amount of the Appraisal. ❑ An executed Release of Claims from each abutting property owner. ADDRESS/NAME OF ADDITION/SUBDIVISION Lot 37, Block 16, Railroad Addition LEGAL DESCRIPTION Lot 37, Block 16, Railroad Addition, S.B. Shelby Survey Abstract No. 820 &Francisco de la Pina Survey, Abstract No. 688 APPLICANT(Primary Contact for th Project): Name Af{,1yeh Fa yrsJ/7 L E-Mail Iv ad sbcoLobcd Street Address Zylb P HW/ 7 gi e City /4f)'%/'& State T Zip Code 7 s`O 7 6, Phone Number 2.14 L 15 ? Fax Number 2/Y j / 7 Xo PROPERTY OWNER'S INFORMATION (if different from above): '� Name FA ii/ D ,rti/s' E /3 E-Mail Fa w d n4yc l s be j10 /,1 e Street Address 1 l P City]/(h Q,do O f State / Zip Code f o Y'QiNk Phone Number ./ . 3 9s I Fax Number ' A The applicant has prepared this application and certifies that the facts stated herein and exhibits attached he to are true and correct. 67/6/2 01 Si ture of Owner, Ag t or Applicant Date Procedure for Abandonment of a Public ROW Page 4 488299.v1 APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. Attached, marked Exhibit No. 1, is a metes and bounds description (dividing the area in half) of the area sought to be abandoned. 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment. 4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the abandonment. 5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property owners, except the following: (if none, so state) 6 /a 6. Such public right-of-way/easement should be abandoned because:, To f x parrU'� aidd jmp'pve C�-)eldinq ,i-rye t// '/o/ fju / l 7. Such public right-of-way/easement has been and is being used as follows: fi li/0 ale/ /a ill- Procedure for Abandonment of a Public ROW Page 5 488299.vI 8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. 9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature: di1,11 Applicant's Name: F/I Wrl iD nit9Y E 13 Applicant's Address: A a 906. 14/R EA/ i_A) fy 75-J �z Applicant's Phone Number: 2/9 c'/3 6 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OFGIL) § Subspribed and sworn� �t9 before me,�a„Note Public, this _ q day of 0Y rut dirA.4 .�. BAC cgY p&er MARY V. BRADLEY NotarykPub in and for the S to of Texas NOTARY PUBLIC �� * *` STATE OF TEXAS °�+rg of le My Comm.Expires 01-31-2017 Procedure for Abandonment of a Public ROW Page 6 488299.v Application for Abandonment of a Public Right-of- Way/Easement Located: Lot 37, Block 16, Railroad Addition EXHIBIT . 1 Attached is a copy of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in g at cr y Addition/Subdivision to the City of Wylie, ( // t County, Texas, sought to be abandoned. Procedure for Abandonment of a Public ROW Page 7 488294.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: Lot 37, Block 16, Railroad Addition EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat_or-replat with County in accordance with the final plat _requirements of the Subdivision Ordinance.) Procedure for Abandonment of a Public ROW Page 8 488299.vi Application for Abandonment of a Public Right-of- Way/Easement Located: Lot 37, Block 16, Railroad Addition EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. GAS COMPANY BY: Title A1f TELEPHONE COMPANY BY: Title ELECTRIC COMPANY BY: Title Procedure for Abandonment of a Public ROW Page 9 488299.v1 Application for Abandonment of a Public Right-of-Way/Easement Located: Lot 37, Block 16, Railroad Addition EXHIBIT NO. 4 The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. City Engineer ing cial Planning Director Fire arshal ViT4Director of Public Ses Procedure for Abandonment of a Public ROW Page 10 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: Lot 37, Block 16, Railroad Addition EXHIBIT . . 5 The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Procedure for Abandonment of a Public ROW Page 11 488299.v l EXHIBIT NO. 5 OP_ CITY OF WYLIE-m [DATE] NI A [Name &Address] RE: Abandonment of Right-of-Way Located at: Lot 37, Block 16, Railroad Addition To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-wayleasement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No, 2007-21, Section 2.12 of the Subdivision Regulations of the City of Wylie, County records indicate that you are an owner of property abutting the subject portion of right- of-way/easement. Please complete the questions below, and return this letter to the City of Wylie Planning Department, 300 Country Club Road, Building 100, Second Floor, Wylie, Texas 75098 at your earliest convenience. I do( ), I do not( ), agree to the abandonment of the subject right-of-wayfeasement. If abandoned by the City, I am ( ), I am not ( ), interested in purchase of, at fair market value, that portion of the right-of-way/easement abutting my property. If you do not wish to purchase the offered land, it will be offered to the other abutting property owners. All of the abandoned right-of-way must be purchased by the abutting property owner(s) within six (6) months of City Council approval. Unless the entire area is sold, the right-of- way"easement will not be abandoned. Signature of property owner or authorized agent Procedure for Abandonment of a Public ROW Page 12 488299.v l EXHIBIT CERTIFIED THE VALUE A Procedure for Abandonment of a Public ROW Page 13 488299.v1 EXHIBIT 7 RELEASE OF CLAIMS In consideration of the abandonment of 4,318 square feet of public right-of-way which is a part of the Railroad Addition, Lot 37, Block 16, and adjacent to Lot 1 of Block A of the Dollar General Addition, and contiguous to the recently abandoned right-of-way of ri and Oak Streets of the Original Town of Wylie, Texas, as recorded in Volume 5872, Page 1536, of the Deed Records of Collin County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Right-of-Way"), the receipt and sufficiency of which is hereby acknowledged, we, as W c64. p c`i e release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, Fa Li ar4 , free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties' respective legal heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder,the validity of which shall remain unaffected. 4 In witness whereof, we have executed this Release on the ICI day of 09 , 2O /11404/411 D AMyEB Procedure for Abandonment of a Public ROW Page 14 488294.vI ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF Coil - § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the ( ) day of prn, , , 2011. p{os' PUB, MARY V.BRADLEY n NOTARY PUBLIC * STATE OF TEXAS f""'^� 11 ,, 'U sr 47,OF Expires 01-31-2017 +" My Comm ^ ' ` � r .g Notary Pti)1ic, State of Texas( My Commission Expires: 01 - 3t -cOI‘) Procedure for Abandonment of a Public ROW Page 15 488299.vf APPRAISAL REPORT ul'r" 'li li li I VACANT LAND APPRAISAL NEC State Highway 78 and Oak Street :'' Wylie, Collin County, Texas 75098 I '' CBRE, inc. File No.: 14-361 HO-1584 ^ r. John Nayeb The Nayeb Group' 1264 West ValleyRoad ,. t Si Vll II 4Tii p�. „$., ' ' Ruchor sort, Texas 75080 n",:'rx ey" i.';' m ' it ' i 'ill Y ,, d� `Kp a.N �+ . .ry �l d mui r. 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''��,„,,Y't "'A ?CtO 'I 'Wt' '"4 1...n '''w"•I I' '„rq �mN'mlit .. .µ 'xyM h iy., �w; '�"+ip'r ra'',�RWa",dp. �� �+� ,�'fy ''Yw ,a� �tiy,r �w'^�,..,y a.,'..' �`;" w '0¢u•,'�, �;'�:, µ '+A ''',.; ~,::' '.«'„' ,'""«.d: *M..., y*�, ;'(T 7 ,.P ,r,, +jf, , 7 �,�''Y "„``&,r 'R/'�Y„yfut' l+jt7f,�"} '� x" ! ✓ ray ',*'.� ",�,'. •"T+m.wro �����'m. ,� f A a✓ 0 ° gip: Ir' VALUATION & ADVISORY SERVICES wo 2100 McKinney Avenues Suite 700 Dallas,Texas 75201 T (214)979-5681 F (214)979-6395 www.cbre.com September 18, 2014 Mr. John Nayeb The Nayeb Group 1264 West Spring Valley Road Richardson, Texas 75080 RE: Appraisal of Vacant Land NEC State Highway 78 and Oak Street Wylie, Collin County, Texas 75098 CBRE, Inc. File No.: 14-361 HO-1584 To Mr. Nayeb: At your request and authorization, CBRE, Inc. has prepared an appraisal of the market value of the referenced property. Our analysis is presented in the following appraisal report. The subject is a 0.099-acre (4,318 square foot) tract of vacant land (retail/commercial) located at the northeast corner of State Highway 78 and Oak Street in Wylie, Texas. The subject's small size and irregular shape limits the potential buyer pool for this property. The most likely end user is an adjoining property owner. Based on the analysis contained in the following report, the market value of the subject is concluded as follows: MARKET VALUE CONCLUSION Appraisal Premise Interest Appraised Date of Value Value Conclusion As Is Fee Simple Estate April 8, 2014 $11,400 Compiled by CBRE The report, in its entirety, including all assumptions and limiting conditions, is an integral part of, and inseparable from, this letter. The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the reasoning leading to the opinion of value. The analyses, opinions and conclusions were developed based on, and this report has been prepared in conformance with, the guidelines and recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. It also conforms to Title XI Regulations and the Financial Institutions Reform, Recovery, and Enforcement Ad of 1989 (FIRREA) updated in 1994 and further updated by the Interagency Appraisal and Evaluation Guidelines promulgated in 2010. The intended use and user of our report are specifically identified in our report as agreed upon in our contract for services and/or reliance language found in the report. No other use or user of the report is permitted by any other party for any other purpose. Dissemination of this report by Mr. John Nayeb September 18, 2014 Page 2 any party to non-client, non-intended users does not extend reliance to any other party and CBRE, Inc. will not be responsible for unauthorized use of the report, its conclusions or contents used partially or in its entirety. It has been a pleasure to assist you in this assignment. If you have any questions concerning the analysis, or if CBRE, Inc. can be of further service, please contact us. Respectfully submitted, CBRE, Inc. - VALUATION & ADVISORY SERVICES lierat Hayden D. Littlefield Julius Blatt, MAI, MRICS Vice President - VAS Managing Director TX-1324546-G TX-1320703-G Phone: 214-979-5681 Phone: 214-979-5672 Email: hayden.littlefield@cbre.com Email: julius.blatt@cbre.com Certification Certification We certify to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in or bias with respect to the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. 4. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 5. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. This appraisal assignment was not based upon a requested minimum valuation, a specific valuation, or the approval of a loan. 7. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, as well as the requirements of the State of Texas. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by ifs duly authorized representatives. 10.As of the date of this report, Julius Blatt, MAI, MRICS has completed the continuing education program for Designated Members of the Appraisal Institute. 11.As of the date of this report, Hayden D. Littlefield has completed the Standards and Ethics Education Requirements for Candidates of the Appraisal Institute. 12. Hayden D. Littlefield has and Julius Blatt, MAI, MRICS has not made a personal inspection of the property that is the subject of this report. 13.Thomas McLaughlin (TX-1380023-G) provided significant real property appraisal assistance to the persons signing this report. 14.Valuation & Advisory Services operates as an independent economic entity within CBRE, Inc. Although employees of other CBRE, Inc. divisions may be contacted as a part of our routine market research investigations, absolute client confidentiality and privacy were maintained at all times with regard to this assignment without conflict of interest. 15. Hayden D. Littlefield and Julius Blatt, MAI, MRICS have not provided services, as an appraiser, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. -*at ° Hayden D. 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';nt3 '•a';•..�, 2' °. ,,:"y*""k„a.��a"', i"'�'�"y_�W,,.,"r"�,•,„,�' t�'»krt' ,;t.,.,,, ;r(�:"> ,a'v"; : ,'r'r:..! ✓ t °�. .. .,w�..!&'�2t=rauatwu*a*'W:.cL,.,Muuv,.,,,»Lz.,wwAr..t�, L�S�r.� ,,.,, a,.... ", ,` .'yp ",Tw ilu...•G,;.ra;,w"- T,$�9�i 'lV"' %:,o,".,,w. `" 'i',.", tn�s;t ��'^'�' m.``•:,;'sGri.:,' ":•..,,,," 's.ti' .� Y" ,. .. •s hl,sr;'} °5"`w•+e _x,,,,;),„..v...,,,,,,,,,,,,,,,,,,,,S„r xr, YV 14 t"Tt`. 'sii `,s•`wtL Lt try,aSz�i, 'tpS` re :�Y3!rtiw},fe,�4,§y rra ,H Kr»�« r3f"",:'e S`ao„ t y', r°,. ,:'S;. d s""ram r A,,f,',<t4, ,°irY,,ti(i'"L'ear„Nf'„ .« , , .."rJ .,r.,,' ',",x;L';- °e .,,, : Via' s,`, »',,•,, .m^i , 't q^rtP.rm, :a;, _ ':�•mV :�::�^ „r`L r1�P`v w ,. 'i,"qr ,°rot1, ''MIvo- �,- :uw.tir'�. �t�r �`�%`zs>,}7, 'v+•e l'1�^'W"iV ItII ,M. .Aa»c S.� ...a'4^ "'�'',a°«,�`!'" w•'° Y"„enua'i„xr< °rt.u,,u.., `'4" r � , Y. .k:;Pa lb a „ III CBRE Executive Summary Executive Summary Property Name Vacant Land Location NEC State Highway 78 and Oak Street,Wylie, Collin County,Texas 75098 Highest and Best Use As If Vacant Future Retail Property Rights Appraised Fee Simple Estate Land Area 0.099 AC 4,318 SF Buyer Profile Owner-User VALUATION Total Per SF Land Value $11,400 $2,64 CONCLUDED MARKET VALUE Appraisal Premise interest Appraised Date of Value Value As Is Fee Simple Estate April 8,2014 $11,400 Compiled by CBRE e .L s,� ��.ids Wen n kresses,, -Rep po ri u n ides and d tea t (SWOT') Strengths and weaknesses are internal to the subject; opportunities and threats are external to the subject Strengths/ Opportunities • The subject is situated along two well traveled traffic carriers for the neighborhood and surrounding areas, thereby receiving an exposure level equal to most competing properties; • Traffic counts are reported at 14,236 vehicles per day along State Highway 78 and 469 vehicles per day along Oak Street; • The subject is located in an area with an upper-middle income demographic profile. • The immediate area surrounding the subject is a favorable area for commercial development; • Disposable income within a 3-mile radius of the subject is considered average for the MSA; • The annual rate of change for All Retail Stores is indicated as 3.5%, 3.6% and 3.4% on 1.0-, 3.0- and 5.0-mile radii, respectively. When excluding the Auto Dealers category, the rate of change for all retail is 4.0%, 4.2% and 4.0% at the 1.0-, 3.0- and 5.0-mile radii, respectively. As noted, demand for most retail products is expected to increase over the next five years; Weaknesses/ Threats • The subject's irregular shape and small site size limit the potential end uses for the site; • The subject's irregular shape and small site size limit the potential buyer pool, with the most likely end user being an adjoining property owner. Extra t no a Ass a m p fir ma. An extraordinary assumption is defined as "an assumption directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. Executive Summary Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis." 1 • The valuation of subsurface mineral rights is outside the scope of this assignment. CBRE is aware that some properties in the Metroplex may benefit from the sub-surface Barnett Shale veins that run through the area. These potentially contain natural gas and other resources which, if extracted, could contribute to the value of the property. We suggest the client contact an appropriate geological professional to determine the possible benefits, if any, of the subject's subsurface rights. The value conclusions) presented in this report, specifically exclude any subsurface mineral rights. • A title report for the subject property was requested, although one was not provided. The appraiser suggests the reader of this report attain a current title policy to review for the existence of any detrimental easements of encroachments, should they exist. The appraiser reserves the right to amend the report accordingly if a title report is provided at a future date. • We are not experts in determining flood zone elevations and we were not provided with a flood zone certificate for the subject. For the purpose of this report, we assume the building slabs have been elevated above any relevant flood levels. The reader is encouraged to consult with a professional engineer to determine the subject's actual flood zone status. Based on our review of FEMA Flood Panel # 48085C0420J, dated June 2, 2009, the property appears to be in Zone X. • CBRE, inc. is not qualified to detect the existence of potentially hazardous material or underground storage tanks which may be present on or near the site. The existence of hazardous materials or underground storage tanks may affect the value of the property. For this appraisal, CBRE, Inc. has specifically assumed that the property is not affected by any hazardous materials that may be present on or near the property. • Please note that the Collin County Appraisal indicates that the subject property is 7,588 square feet or 0.17 acres. However according to the site plan and legal description provided to the appraisers, the land size is 4,318 square feet or 0.099 acres. We reserve the right to amend this report accordingly at a later date if it is determined that the information provided to the appraisers is incorrect. A hypothetical condition is defined as "that which is contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about Appraisal Institute, The Dictionary of Real Estate Appraisal, 5'ed. (Chicago: Appraisal Institute, 2010), 73. v Executive Sutmary, physical, legal, or economic characteristics of the subject property;or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis:,, 2 None noted. 2 Dictionary of Real Estate Appraisal, 97. Table of Contents Table of Contents Certification Subjecth t r phs........................................................ Tableof o t ats.,.m,.,..,m.... ...............................................:. ..........m... ...,.,...,..,.,.,.,......,.,,. ii Introduction ,..,,,t,.,..,fi, .,,..{,, .,,, ...,,..,, 4. .... ...... ....i..,..,.,.., , ,..,,. ,.,. . ,.”6.1.,,f. ,....,,,.. 1 Area lsis*.., s N t a rhood a si; SiteAnalysis................................................... .......................... 1 Tax and Assessment gat „ , 18 Highest and Best Use 20 Appraisal Methodology .. 1 LardValue.......................................,.........................................,............................,................................... Assumptions and Limiting Conditions ,,,,,,,,,,,,, ,wm,,,t. ..,+,+,s ..,.?,,, , ,,,,,,,, ,.,.x,..,,.,.,.fi.,.., ,.,t.F 25 ADDENDA A Land Sole Data Sheets B Legal Description C Precis METRO ReportEconomy,com, Inc. D Client Contract Information E Qualifications and Certifications Introduction Introduction The subject is a 0.099-acre (4,318 square foot) tract of vacant land (retail/commercial) located at the northeast corner of State Highway 78 and Oak Street in Wylie, Texas. The subject's small size and irregular shape limits the potential buyer pool for this property. The most likely end user is an adjoining property owner. According to our research, the subject site is an abandoned right of way. t According to the Collin County Appraisal District and the legal description provided to the appraisers, the subject is legally described as: Being all that certain lot, tract or parcel of land situated in the S.B. Shelby Survey, Abstract Number 820 and the Francisco de la Pina Survey, Abstract Number 688, City of Wylie, Collin County,Texas, being part of Lot 37, Block 16, Railroad Addition according to the plat thereof recorded in Volume 77, Page 494 of the Deed Records of Collin County,Texas, part of the existing right-of-way of Oak Street. A more detailed metes and bounds description as provided to the appraiser can be found in the addenda portion of this report. According to the Collin County Appraisal District, the property is currently vested in the name of The City of Wylie, who acquired title to the subject property from Jerry Burrows, in February 2005 for an undisclosed amount according to the Collin County Appraisal District as evidenced by deed instrument 29838, Volume 6983, Page 1536. To the best of our knowledge, there has been no other ownership transfer of the property during the previous three years. Additionally, the property is not currently under agreement for purchase or listed for sale although the adjacent land owner has expressed interest in acquiring the property. The exposure/marketing time is a function of price, time, and use. It is not an isolated estimate of time alone. In consideration of these factors, we have analyzed the following: Introduction EXPOSURE/MARKETING TIME DATA Exposure/Mktg. (Months) Investment Type Range Average Comparable Sales Data 3.0 = 9.0 6.0 Local Market Professionals 6.0 - 12.0 9.0 CBRE Exposure Time Estimate 12 Months CBRE Marketing Period Estimate 12 Months CBRE National Investor Survey& PwC Real Estate Survey eta re O the .,,,xx3k 1 The following table illustrates the various dates associated with the valuation of the subject, the valuation premise(s) and the rights appraised for each premise/date: PREMISE OF THE APPRAISAL Item Date Interest Appraised Date of Report: September 18, 2014 Date of Inspection: April 8, 2014 Date of Value As Is: April 8, 2014 Fee Simple Estate Compiled by CBRE r a`r p...Ytik e f> h a.. ,A45Draisai The purpose of this appraisal is to estimate the market value of referenced real estate. De Va The current economic definition of market value agreed upon by agencies that regulate federal financial institutions in the U.S. (and used herein) is as follows: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 2 Introduction 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 3 4 i .r€+, 3 r.,d Use of i' v ; }„r This appraisal is to be used for internal decision making purposes by the client, The Nayeb Group. This report has no other purpose and should not be relied upon by any other entity or person. n ten dad triser of Report The intended user of this appraisal is The Nayeb Group, and no other users are permitted to rely on this report. intended Users - the intended user is the person (or entity) who the appraiser intends will use the results of the appraisal. The client may provide the appraiser with information about other potential users of the appraisal, but the appraiser ultimately determines who the appropriate users are given the appraisal problem to be solved. Identifying the intended users is necessary so that the appraiser can report the opinions and conclusions developed in the appraisal in a manner that is clear and understandable to the intended users. Parties who receive or might receive a copy of the appraisal are not necessarily intended users. The appraiser's responsibility is to the intended users identified in the report, not to all readers of the appraisal report. Scope of Week The scope of the assignment relates to the extent and manner in which research is conducted, data is gathered and analysis is applied. CBRE, Inc. completed the following steps for this assignment: Extent to Which the Property is Identified The property is identified through the following sources: • postal address • assessor's records • legal description Extent to Which the Property is Inspected CBRE, inc. performed a cursory inspection of the subject site, as well as its surrounding environs on the effective date of appraisal. The appraiser walked the subject as well as its surrounding environs. This inspection sample was considered an adequate representation of the subject property and is the basis for our findings. Type and Extent of the Data Researched CBRE reviewed the following: 3 interagency Appraisal and Evaluation Guidelines; December 10, 2010, Federal Register, Volume 75 Number 237, Page 77472, 4 Appraisal Institute,The Appraisal of Real Estate, 14th ed. (Chicago: Appraisal Institute, 2013), 50. 3 CBRE Introduction • applicable tax data • zoning requirements a flood zone status • demographics • income and expense data • comparable data Type and Extent of Analysis Applied CBRE, Inc. analyzed the data gathered through the use of appropriate and accepted appraisal methodology to arrive at a probable value indication via each applicable approach to value. The steps required to complete each approach are discussed in the methodology section. Data Resources Utilized in the Analysis DATA SOURCES Item: Source(s): Site Data Size Site contact provided site plan and metes and bounds description Legal Description Site contact provided site plan and metes and bounds description Compiled by CBRE Arta Anaiysis Area rea Anyi 1 erlLen _� w, . �L" r � hletdrrrey�... rYr�r�txvs , #. ,, :-:„..fl `oFrisco '^ae +r, a £ ;,Qlgrk �Leite Dales .�" p Fauvseww ,. rerl' I'jcl�Y � The tart 'are i Juslm k "deck n4442-2,kret o oiool Is; ..III` Allen t Mi#fiend Vio a i" Ft1-1 '¢" s! +sw 2 ,141 rw.1w(m :aLewteu de"' .l'' 1 ... .....,,,,� �.;. „ et 1171 'v' °Floater 4 PIano Ae Tra Qui' Mound ra ° i'Y r>e '24,2. fr aR r Gah x `" drellar , 2 NIhga lw 44 ,.,, Farmeck > lrgplt Mrtllon` Rockwall Eagb evz Ii7 '2 pn .„,. , q0!' s�*,y G'7rided n� ,4a n.' r Mar'larlp gy y r . I8I CoUc Msee v ys )Faa z �" 'si@ - oftnrele3t,,-w `.e w s., -s�,e . segnew, �Fateuge I21 fir , fir Low _�t rzr8 0. ,1 Mond Bedford , F 0 A S ',1 a s a eMdrethtp� 'r,� ' rwa�M., .-...... , -. .. Lake sth RNMsnd Fhaa 41'.,,"w-...„1 "ram 11,rg . k s r ' ' e WaldarI t*@ss If W190 orar'k" .. IINt a ' fi Try ty Da as,'1:- r* ..:" 6>f 1 ,1 . wp5t* th 'hive 1 $ Grand ` 0,. .;� fit ` "''Mesild11e �r.„r,^" Oaks , O WOrthsn '27 rrri .:,.-. ._'. peggiI :4' „.:: r :VI � may . „, `'K�u, w„r. r ~ter' '."' '"3' QArIIr I1on a r t p* u.. r, a $ea.,' .,—4 ".,,,,--„:0 7*****,. �' �` ' t6 ,"n '' Pes i kw. 3Eo 4 r o47 'i, ,a2*^: "2"y,,. g i .s„ ';'sx; � I" 'IErx' > ,r+.,4a�2 ,�' 'DI,r ,..," s .4 vd ,, d" tGv Duncenvillee",'�+a-;., , ` , °"g,,,,. V0494 'Fr 4 ;cc F9z45&=.r f ,,, `'Merins ,0 See ayse tiv`a�-n .. ;4 Eveunan z�a 9 a ir,:d .+:" fir, ... ys , ,1'4"OeSolo L�atlere V'FAi1er11 h Gawky. I _ , �.. - .. ; Rerr an Mmafield IX�;toiler Npl r MST � a ?' 1' IX'erarr�:+aYa ititx .... 4 1�ht�svrara 1 ..,...surfawlr¢ .. i,+fr4»- i ... � i.r 1 " 47-4oa . .S 6. i V*. 11 Moody's Econorny.com provides the following Dallas, Texas [Metropolitan Division] metro area economic summary as of November 2013. The full Moody's Economy.com report is presented in the Addenda. DALLAS,TX [METROPOLITAN DIVISION] -ECONOMIC ANALYSIS Indicators 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Grass Metro Product(CSS) 204 9 212 8 217 6 212.4 222 9 230.0 239 1 246.8 257 0 271.3 284 5 296 sr; %Cho sge 6,2 308 2.3 -2,4 4.9 3.2 4 0 3.2 4.1 5.4 4.9 4,0 Total Employment(000) 2 015.0 2,07.3 8 2 0797 5 2,0€4.6 7,017,0 2,062.2 2,'i"21 0 2 EC!.3 2,257 5 2,333.3 2,417.3 2,480 2 SChange 3,4 29 3.1 -4,0 0.1 2.2 2,9 3.3 3.0 J.4 3.6 2.6 Unemployment Rale 4 8 43 5,1 7,8 8.2 7,9 6 7 6,2 5 9 5.8 5 5 5 2 Personal Income Growth 8 9 5.4 63 -6.2 4.5 9,0 4.0 r,5 A 7 8,0 8.2 6 9 Poputatran 1000) 3,925.8 4,011,3 4 092.7 4,1 78.1 4,254 1 4,237.0 .4.431.9 4.518.2 4.609 4 4,704.4 4,803,0 4,902 5 Si1gle•Farnily Permits 28,393,0 19,407.0 12 207.0 9,770.0 10,684,0 10,690.0 14.698,0 16,005.7 22,558_0 33,536,1 33,747,5 29,346 1 Mullliamily Permits 8 845.0 1 0.767 0 15 063 0 4,607.0 3,860 0 9.520_0 1.4.048,3 7 705.8 9,592 3 1 1,328 1 11,869,0 12,100.3 Existing-Home Price(SThs) 154-0 160.7 155,8 150 3 154 7 159 2 170,6 191 4 199 6 200.8 202,6 2134 0 Mortgage Originations(SMiI) 24,952.0 23,52243 18,ceo.8 73,051,0 19993 5 18,305 8 21,1368.7 18,719,& 14,74,5 9 d 6,423.8 45,035.2 15.660.6 Net Migration 4000) 57.6 33,5 33.7 38.,5 324 42 1 33.5 43 9 469 48.6 51.8 52,1 Personal Bankruptcies 7.517.0 8,912.0 9.143,0 11.447.0 12,2220 1€,1600 11,122.0 9,689.6 8,6396 8.800.7 9,272.9 10.275-9 Source: Moody's Economy.corn 5 ate. ; Area Analysis "ux t "fff t rnxredW,t�i+r,:rmY,iroruum+x- . mme4ao *at=s.. u m" wuu:.13.v iarrrxaamrorr�peemryuu *s,,„, +„„ s .r mtkrn„ .v ,,„„„,uyir„x_s„„v The Dallas expansion has accelerated since mid-2013, putting the metro division among the leaders in Texas. On a year-over-year basis, employment is rising at more than twice the national pace. However, the gains are mixed across industries. Core professional and financial services are leading the way. Construction has paused after strong gains throughout 2012 and the first half of 2013, in large measure because of a decline in multifamily housing permits. Also, manufacturing, which is heavily IT-related, continues to decline. Still, rising local government payrolls have become a source of support in contrast with those of many other metro areas. The labor force has grown strongly, keeping the unemployment rate from declining below the 6.2% range since October 2012. However, that is still more than a full percentage point below the national average. Residential construction has paused in 2013 but should return in 2014 to being a major support of construction and personal services growth. New permits for multifamily units have declined by nearly 50% since the beginning of 2013, and single-family permitting has leveled off all year, However, the latter should rebound significantly in 2014, for a variety of reasons. First, sales are up 21% from a year ago and inventory has declined to an ultra-low 2.7 months of sales, the lowest in 20 years. As a result, prices are up 8.6% since last year, and Dallas is one of only Iwo cities in the Case Shiller 20-city index for which the average price has risen past its prerecession peak. The drivers are above-average job growth, population growth twice the national average, and still-high housing affordability despite recent house price increases. The Justice Department's proposed settlement with American Airlines and US Airways should ultimately benefit Dallas. Presuming all parties accept the terms, American Airlines will emerge from bankruptcy, improving business prospects for local vendors to the airline. Moreover, the merger with US Airways is supported by American's labor unions, implying that layoffs, if any, will be minimal. The airlines have indicated that the headquarters will be in Dallas. American is already responsible for approximately 80% of flights in and out of DFW Airport. Therefore, a successful merger would improve the chances that traffic through the airport would grow, benefiting a variety of industries, including retail, hospitality, professional services, and other transportation. nci al Se ices Steady growth throughout the Southwest, Dallas's status as the regional financial center, and its concentration of corporate headquarters will lead to further growth in financial and professional services. Payrolls in each of these industries have grown more than 7% over the past year, far faster than the respective national averages. One example has been the decision by State Farm Area Analysis Insurance to build a 1.5 million-square-foot complex in Richardson even as it sells a number of properties elsewhere in the country. Other financial firms expanding locally include USAA, UMB Bank, Money Gram International, BB&T, Frost Bank, and Capital One. A major driver is anticipated growth in housing that will lift demand for mortgages as well as homeowners insurance. Dallas will expand at an above-average pace in 2014, lifted by residential construction and financial and professional services. The completion of the merger between American Airlines and US Airways poses upside prospects for transportation, hospitality and retail businesses. Longer term, the high concentrations of technology businesses, corporate headquarters, distribution infrastructure, and above-average population growth will contribute to above- average performance. ;; Neighborhood Analysis Neighborhood Analysis 6 i 254. 43& 430 0$ LimasCle.af'... e 4� E Parker Rd Pm*.Rd .. Gabe"Park .. .pal � nay..; g Barker Rd 727;. Dorton,IA P' o Stl Paul St,Pain' O - Collin .. - d 4 m' c 1, '2, 4 4 2. iN 1 - Park - - 1 245 Anatac R kV d. 247, OTOS - 2514 Esu?Par l. .. 747k ... „. 137$ aet=Y in ....2551 Iia15Y 4.7 MCMkn Rd tPCR. c Skyvinn Cc: A aexa.Nola. .. .. . . Mct,Ulen Sr 2ae . ...... "" ... 5. .� Pack BWd 5" ... ' $t ... 2 'Ran Or '4 5 _Wll>•etl zI �„� I Subiack Propwly Ci U W Brown sl "1".f,ri 'Murphy ,did .. z .. E&awn St 474 W FIarodpb,,Dot Si" '.. ry" E S.lak St S I4as St14th Sl„k ... E F1/24-544 lyror ,: a= �.- ... Sled Rd W 14rhy Si G2'Q`' 774... g .. . 544 Plano - A E SRN.*Rd 2 w 494 20 =;as a 4" b - Dr ,,seZ Renner Ra f r Hensley Ln .sa,,. q en en .. .. 3 ti fad ,,r9 er Or .9" � Ala'As Dt Y 2 ass .. 'ado Richardson Sunset Dr SkrMse Dr .. .. ra Nook hl Dr 7a: - an Rd ...43i�1d15 .. Ranch Rd z° R xis1 SON,is 1a .� .. 4., k7& t:ua h 47'Pid t 7a 'Gaek Cr27Sin4 r n C ....:..._.,.. BtnCMkiurrt Rd kagrum' .1.t, 8 Rd pa .. b ............... .... C ..,, .• .. Garland45 Teat g 4 — -;1,_'r2k7..77 1;.-Wg'e rc 7-7*ci.77-Ws a,-7 t.$.7$aal*4''la.. a `Q, Rockwall The subject is in the city of Wylie and is considered a suburban location. The city of Wylie is situated in the south-central portion of Collin County. The subject is located approximately 10 miles east of the city of Plano and about 20 miles northeast of the Dallas Central Business District. The neighborhood boundaries are detailed as follows: North: Wylie city limits / Lavon Lake South: Wylie city limits East: Wylie city limits / Lake Ray Hubbard / State Highway 205 West: Wylie city limits /South Murphy Road Land uses within the subject neighborhood consist of a variety of agricultural, commercial and retail uses, with a fair amount of single and multi-family residential occupying space as well. The immediate area surrounding the subject is an growing area of development, consisting primarily of commercial and residential uses with much of the development being constructed during the 2000. About 49% of the homes built within a 1-mile radius were built 2000 to present. Neighborhood Analysis Approximately 59% of homes constructed within a 3-mile radius of the subject property were built 2000 to present. Within a 5-mile radius, almost 60% of the homes were built 2000 to present. The majority of the single-family residential development within a five-mile radius of the subject may be described as tract homes in the $150,000 to $250,000 price range, with a 2014 median home value of $193,054. Growth patterns have occurred primarily along major commercial thoroughfares such as FM 544 and State Highway 78. Growth patterns have also occurred along secondary commercial thoroughfares such as Country Club Road, Murphy Road, Sachse Road, FM 2514 (South Ballard Avenue), Brown Street, Parker Road, Hooper Road and Hensley Lane. The City of Wylie is comprised of approximately 36 square miles of land area and has been recognized for its planning and zoning efforts to preserve its commercial downtown area as a specialty and cultural area. Along with preserving its downtown commercial area, Wylie continues with efforts to promote commercial development along State Highway 78. Retail developments along the State Highway 78 corridor include Albertson's, Home Depot, Wal-Mart Supercenter, Tractor Supply, Walgreen"s and Wendy's fast food restaurant. Most of this development has occurred in the last five years. The new retail development has resulted in an overall increase in the average rental rates. Major employers in the City of Wylie are the Wylie Independent School District (WISD), the Industrial/Business Corridor, Home Depot, Wal-Mart, Chili's and Sanden International. Sanden International is the world's largest independent supplier of Automotive Air Conditioning Compressors and is Dallas/Fort Worth's 13th largest foreign company subsidiary. Consequently, Sanden International is the largest employer in Wylie with approximately 800 employees. Primary access to the subject neighborhood is provided by major commercial thoroughfares such as State Highway 78 and FM 544. State Highway 78 is a variable-width roadway that traverses the subject neighborhood in a southwest to northeast direction. This major commercial carrier feeds directly into the Dallas transportation system intersecting with both State Highway 190 (President George Bush Turnpike) and Interstate Highway 635 southwest of the subject, respectively. FM 544 provides primary west-east access throughout the subject neighborhood. State Highway 190 (President George Bush Turnpike) is proximate to the subject neighborhood and provides a direct route to the cities of Richardson, Plano, Addison, Carrollton, and Dallas to the west, as well as major commercial arterials such as U.S. Highway 75 (North Central Expressway), Dallas North Tollway, and Interstate Highway 35. Secondary access to the subject neighborhood is provided by Country Club Road, Murphy Road, Sachse Road, FM 2514 (South Ballard Avenue), Brown Street, Parker Road, Hooper Road and Hensley Lane. 9 :; Neighborhood Analysis mograp es Selected neighborhood demographics in 1-, 3-, and 5-mile radii from the subject are shown in the following table: SELECTED NEIGHBORHOOD DEMOGRAPHICS NEC State Highway 78 and Oak Street 1 Mile 3 Mile 5 Mile Wylie,TX Radius Radius Radius Population 2019 Population 11,789 53,911 120,579 2014 Population 10,527 47,381 105,507 2010 Population 9,435 41,645 92,143 2000 Population 5,649 18,867 38,267 Annual Growth 2014- 2019 2.29% 2.62% 2.71% Annual Growth 2010-2014 2.78% 3.28% 3.44% Annual Growth 2000-2010 5.26% 8.24% 9.19% Households 2019 Households 4,037 17,270 36,917 2014 Households 3,614 15,306 32,640 2010 Households 3,251 13,690 29,202 2000 Households 1,883 6,291 12,700 Annual Growth 2014- 2019 2.24% 2.44% 2.49% Annual Growth 2010- 2014 2.68% 2.83% 2.82% Annual Growth 2000- 2010 5.61% 8.09% 8.68% Income 2014 Median HH Inc $76,791 $86,786 $88,345 2014 Estimated Average Household Income $84,725 $94,176 $101,443 2014 Estimated Per Capita Income $29,086 $30,423 $31,383 Age 25+ College Graduates - 2010 1,791 9,200 23,851 Age 25+ Percent College Graduates - 2014 27.7% 32.1% 37.4% Source: Nielsen/Claritas Co nr, union As shown above, the population within a three-mile radius of the subject neighborhood has continued to grow at a strong rate since 2000 with 2.62% growth forecast through 2019. This rate of growth should help the subject's neighborhood maintain its current position. In addition, the neighborhood currently has an upper-middle income demographic profile with a 2014 estimated average household income of $94,176 on a three-mile radius. The 2014 median household income within a three-mile radius of the subject is estimated to be $86,786. The performance outlook for the neighborhood is to remain fairly stable over the next several years as indicated by the ongoing population increases projected through 2019. As a result, the demand for existing developments is expected to remain consistent with the current trends. Site Aridysis Plat Map rM .v -6-6 16- T--A, . I4 C ! Hr. a- Chi " ""'PLr'T(+"°r r .fa'F �- + tz, 6 . Jz� '' Y } x�! .. ,.,:tat•` .. e .,t3 '- t1�. 3 , E 'tr: P.Q.B. `r t r jc * r 7,Y .. Site Analysis. ,--PF- ^A ':$�,,�R�,,•"..pM w y"��,��l i ;-✓a.�:','t,,i;,=6.,:;<,{,}} 1" • .R",7w.r,:,'.•"`- `:.,�.ar•"',-.; e«r •,. 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S „ m , _ '"W,�'r :„ 0r tl'�.'" y" 'i: ' z ,;r" % "':' -.uY,. ^„° :y,, ,,.."..1,,, Sv. ,-,,- .p ., �� ', i,- '_ ��'b''" „,'':.,M' �yV.h : ' ',„ "Au '• r. , .n"y' '� •T' , .`,ro ..1w� '"r,'.... r : r i „:4 ;k A-''i'^nP;:a W„,a% �" 'J„m•,,,.; ,' ;0 ".:^:» 7w"r ;' ',g,i lf.::.ar,^.,;v, , N,,'ztiiA` ..' ,6r ;:nt :°,: ':t': t:.'u:x°" 0-. .m„ . ,. '' i z.'"?c'aa ^ .y_ d;!'0a'",, dp,m „ "•.:a pPxv. . .JTa 4 i0 :F'a y'"r '' +r" rv:, r , " '' "pi , t . „'a":"ma -' - '._-•,r-,,., ...:., p Y ; .f ,> ., :". ";.'y" "'. k 'M;: . :,, " —" $''' a -1 a ' • ^,4r,, .�i . v.^"" .a •:m.m,r .,. ; „ - L„;:„„i,,J$ {'n T ,„"Fa' „•. : „-'"A nZ.. . „ ",;.. „ " ._ . a.'A a _ e:5: iaS, tscn :' '. A ., , ," . 1 CBRE Site Analysis Site Ana iysis The following chart summarizes the salient characteristics of the subject site. SITE SUMMARY AND ANALYSIS Physical Description Net Site Area 0.099 Acres 4,318 Sq. Ft. Gross Site Area 0.099 Acres 4,318 Sq. Ft. Primary Road Frontage State Highway 78 Secondary Road Frontage Oak Street Excess Land Area None n/a Surplus Land Area None n/a Shape Triangular Topography Level Primary Traffic Counts (24 hrs.) State Highway 78 14,236 Secondary Traffic Counts{24 hrs.) Oak Street 469 Zoning District CC- Commercial Corridor Flood Map Panel No.&Date 48085C0420J June 2,2009 Flood Zone Zone X Adjacent Land Uses Commercial and residential uses Comparative Analysis Retina Access Good Visibility Good Functional Utility Assumed adequate Traffic Volume Average Adequacy of Utilities Assumed adequate Landscaping Average Drainage Assumed adequate Utilities Provider Adequacy Water City of Wylie Yes Sewer City of Wylie Yes Natural Gas ATMOS Yes Electricity TXU Yes Telephone AT&T Yes Other Yes No Unknown Detrimental Easements X Encroachments X Deed Restrictions X Reciprocal Parking Rights X Common Ingress/Egress X Source: Various sources compiled by CBRE The subject is a triangular tract located at the northeast corner of State Highway and Oak Street in Wylie, Texas. It should be noted, from the aerial it appears the subject has frontage along Third Street, however, Third Street has been abandoned and access is not permitted. Site Analysis CBRE, Inc. is not qualified to detect the existence of potentially hazardous material or underground storage tanks which may be present on or near the site. The existence of hazardous materials or underground storage tanks may affect the value of the property. For this appraisal, CBRE, Inc. has specifically assumed that the property is not affected by any hazardous materials that may be present on or near the property. We are not experts in determining flood zone elevations and we were not provided with a flood zone certificate for the subject. For the purpose of this report, we assume the building slabs have been elevated above any relevant flood levels. The reader is encouraged to consult with a professional engineer to determine the subject's actual flood zone status. Based on our review of FEMA Flood Panel # 48085C0420J, dated June 2, 2009, the property appears to be in Zone X. Zones C and X (unshaded) are flood insurance rate zones used for areas outside the 0.2- percent-annual-chance floodplain. No Base Flood Elevations (BFEs) or depths are shown in this zone, and insurance purchase is not required. t;t The site is well located and afforded good access and good visibility from the east side of State Highway 78 and north side of Oak Street. The size of the site is considered very small for the area and use and therefore its development potential is seriously hindered. There are no known detrimental uses in the immediate vicinity. The subject's small site size and irregular shape severely limits the potential buyer pool. Additionally, the small size and shape limits the potential end use for the site. Thus, the most likely end user for the site would be an adjoining land owner for assemblage purposes. In this case, the client, The Nayeb Group, owns the shopping center to the east of the subject property. Site Analysis Prepared for: InterFlood CORE Inc 353 East Oak Street www.interflood.com • 1-800-252 6633 4A"yiie TX 75098 r r € CcLi COUNTY Z ,,, ,4 a ' . 041., !I .:, a UNIN(( RPOFAfED D , �1' �; 480130 10 ZONE A ZONE` r E,LA rt' _q t aef."`OEf g i f+Y�5; 8 m Kr1 LANE - 5a3-;;.' ,#,-�.� fc s '' . Zt6 K t ZONE x Rush Creek h*, t s �i 6 �c ,,,,. ---= Tributary ,,„,„: !:�r_ 7 ,..—PROFILE BASE uNe �.,. '7 --`" I ZONE X ,, '' rj \ ,T 2, ,i,„:,..„--- ° t`g .#99, C ! til 4:7 zip q9 d l t. J 21J1fi \\ f 8 " _ i '°67 T .04 F:.mom den'` 4,. ri, . (`, 'ice , ZONE IA_ i " cir ,--,,,ur, ,, OH qz.A.EvicoD ' / '.,A 1,'‘',. ,' 1 Elsa :stf: "o'n � x; R_„„„ ZONE X' ' P‘. g " £ , — Ruth Creak T"ributar -fig ` , FLOOD5CAPEIsx c 4,Fr �rta , / f IF Rood Hazards Map ' o �� . i 1 - vi f A 3( Map NJumber ` i ' D - m-jTIn4. v4 riI,v, zs0B5c0420. Ktr EY 8 ,1111.-CBS."° ¶ rta Er 8 £�6� Effective Date {! June 2,2009 , _i4 ' NE E n Zr _ ( ', i £ i 'LEVPRAT PRAES DRIVE.a. o LLE L CITY()I:WYLI `—f 6 oA sjo E,, R.EP R=,,c 4 e)DODR Fr DR:vE i-771—) '-'" — $Y fib sat f C . .._ I bi 8 C . - JOINS PANEL 0535 731a .' .F=°c q£.i 6: #-f ;E-3:1r ,.oarr, a'32_a7'4 SZ, v'=mCx a...'Fav: .ur C.a.ra ate^"_ A6`ngrta esa,4•i`...-:tea G!?37,3e le,Li a c.-S a75 c`tr..e aateras peaa;g 'Far afa .fo@fiaatsau?ae^ ^tir. Zoning Zoning The following chart summarizes the subject's zoning requirements. ZONING SUMMARY Current Zoning CC - Commercial Corridor Legally Conforming N/A Uses Permitted The Commercial Corridor District allows for the retail, personal service, office and light commercial needs of the residents of Wylie at a scale, character and intensity that is higher than allowed in the Community Retail Districts. The Commercial Corridor District has enhanced design and development standards to ensure the urban design quality and image recommended in the Comprehensive Plan. Zoning Change Not likely Source: Planning &Zoning Dept. Additional information may be obtained from the appropriate governmental authority. It is recommended that a legal zoning opinion be obtained as the appraisers are not zoning experts. 1 Zoning 71"-if',F,E':" g w 1 C.S 0 y7 i fr}g ar`rz�r � 4 �,�r•�nw'". £�^, :::k „ `�" RiaRgAlegaliOS t t ?i.4140„104,4 4i s t 4Ri,;i4�Yt t k r r 1 i` , i 1 t i <4�t ��� #' 4 £I Ass b .� is t#!t££ E4ti 42�{fy 3tt4 69 �t hot£{7£ 0S {}r;t1444 �1it 1 6,,. {� x {�,� { £ tit 4;r £ £312r 4£sf F Fit £ i�t � t�� ££;>4s tk t 'yit Y�£r»�4 f{}�U�Skil{lt£�st7'}��3i�f xq k *'"' `�, M�a« tt 4 £f£ 30 1 i t frt 1 17 }�00 Rey f rt • 0' }q'� H his ii t 4 ry , ,.i. 44t t u tit#, 'fix{4 t, �S 4,> £ 1 t;it >44}44i tiff t 4. z } i,:;,ot,",e:!,I,.;:tiv.ogiawf,,to.,:,„:,!,„iA,iurtaatt,a,wma.o:000st s fi i��441 7 tow "t'sti£tP�{t V f y�it R #r4,t 4 3 >£. 4E£ i 4t£t z t f„� '� wit1, r ire 'le t; R 1,244' {1 i i it f ¢ ? £ 3 i tt � " ' g.s ; t fit t y `"' �. 4r z � ; £ �r £ 4{ i , k .. i4 i 4+a H„ i 11 t }£0. £ t a a;rwkt 4 r£ , „ r[�'�ry gg t t brt ipy 4 3 £ i i s ik rr ri st1t it?}t } f" tt,i b f 4 t 3 i $ ii��£ttd£ lk i 4r4 i it '4 r, �.,, ,,.s i'r r �' E r, 13 kM4 k£ 44 ftJ f p6s H C QQ 4 t 1"�{s,4i4 t 'Sat I 11 { 4 'MIT.41;4'^�u s4fiuu4 uy 'ii 1 `i i, `' t `�� ti 'r'z'.• '`"`' s stAh""—4,t ._: �;� a m g uavw s.e.e. s, 4a, n uwuxw, ^'?"'v 4P+ , 17 Tax and Assessment Data Tax and Assessment Data The following summarizes the local assessor's estimate of the subject's market value, assessed value, and taxes, and does not include any furniture, fixtures or equipment. AD VALOREM TAX INFORMATION Assessor's Market Value Parcel Description 2013 2550455 Land Value Only $60,705 Subtotal $60,705 Assessed Value @ 100% $60,705 General Tax Rate (per$100 A.V.) 2.845043 Total Taxes $1,727 Source: Assessor's Office The assessment process has four stages: valuing the taxable property, protesting the values, adopting the tax rates and collecting the taxes. January 1 marks the beginning of property appraisal. What a property is used for on January 1, market conditions at that time and who owns the property on that date determine whether the property is taxed, its value, and who is responsible for paying the tax. Between January 1 and April 30, the appraisal district processes applications for tax exemptions, agricultural appraisals and other tax relief. Around May 15, the appraisal review board (ARB) begins hearing protests from property owners who believe their property values are incorrect. The ARB is an independent panel of citizens responsible for handling protests about the appraisal districts work. When the ARB finishes its work, the appraisal district gives each taxing unit a list of taxable property. In August or September, the elected officials of each taxing unit adopt tax rates for their operations and debt payments. Several taxing units are responsible for taxing property in their jurisdictions. The county and the local school district tax every property. Taxes may also be paid to a city and special districts such as hospital, junior college, water, fire and others. Tax collection starts around October 1 as tax bills go out. Taxpayers have until January 31 of the following year to pay their taxes. On February 1, penalty and interest charges begin accumulating on most unpaid tax bills. Tax collectors may start legal action to collect unpaid taxes on February 1 . The local Assessor's methodology for valuation is 100% of their estimate of market value. Property owners can protest the proposed assessments if properly filed and on time, generally within 30 days of receipt. 18 Tax and Assessment Data When a substantial property is sold, the Appraisal District attempts to verify the sales prices by way of several sources. Texas is a non-disclosure state and a sale of a property does not necessarily trigger an assessment increase to the sales price amount. However, we have seen that more and more properties that have sold have typically had their assessed values changed to an amount within a reasonable proximity of the sales price and/or generally up to comparable levels of competitive properties. 3 Based on the foregoing, the total taxes for the subject have been estimated as for the base year of our analysis, based upon an assessed value of or $14.06 per square foot. This is deemed reasonable. According to a representative of the Collin County Tax Collectors Office, there are currently no past due or delinquent taxes currently encumbering the subject property. 1 Highest and Best Use Highest and Best Use In appraisal practice, the concept of highest and best use represents the premise upon which value is based. The four criteria the highest and best use must meet are: • legally permissible; • physically possible; • financially feasible; and • maximally productive. The highest and best use analysis of the subject is discussed on the following pages. Varunt The subject is zoned CC - Commercial Corridor which allows for retail/commercial types of development. The natures of the uses in this district have operating characteristics and traffic service requirements generally compatible with typical retail environments. The subject tract is located at the northeast corner of State Highway 78 and Oak Street. Additionally, State Highway 78 is considered the substantial traffic carrier within the immediate neighborhood. With on 7,588 square feet, the development potential of the subject site is severely constrained. It should be noted, due to the small size of the site and the irregular shape, the potential buyer pool would be limited along with the potential end uses of the site. It is our opinion that the most likely buyer would be an adjoining land owner. 0 IC �, Appraisal Methodology odology Appraisal Methodology In appraisal practice, an approach to value is included or omitted based on its applicability to the property type being valued and the quality and quantity of information available. The cost approach is based on the proposition that the informed purchaser would pay no more for the subject than the cost to produce a substitute property with equivalent utility. This approach is particularly applicable when the property being appraised involves relatively new improvements that represent the highest and best use of the land, or when it is improved with relatively unique or specialized improvements for which there exist few sales or leases of comparable properties. The sales comparison approach utilizes sales of comparable properties, adjusted for differences, to indicate a value for the subject. Valuation is typically accomplished using physical units of comparison such as price per square foot, price per unit, price per floor, etc., or economic units of comparison such as gross rent multiplier. Adjustments are applied to the physical units of comparison derived from the comparable sale. The unit of comparison chosen for the subject is then used to yield a total value. Economic units of comparison are not adjusted, but rather analyzed as to relevant differences, with the final estimate derived based on the general comparisons. ',income Ca Approe3c:b The income capitalization approach reflects the subject's income-producing capabilities. This approach is based an the assumption that value is created by the expectation of benefits to be derived in the future. Specifically estimated is the amount an investor would be willing to pay to receive an income stream plus reversion value from a property over a period of time. The two common valuation techniques associated with the income capitalization approach are direct capitalization and the discounted cash flow (DCF) analysis. Methodology Pkip T;.,.ble to the ';;.r 19s�„4' In valuing the subject, only the Sales Comparison Approach was utilized. 21 Land Value Land Value The following map and table summarize the comparable data used in the valuation of the subject site. A detailed description of each transaction is included in the addenda. 211 ri.' TN s Ludes to . .. 2551, 254 E .255 " ... 72s.. 2. .ry sand so*2 ,4" ' 2455 F721375 ,5,Wye,TX 75048 Recker Rd E Parker Rd 2414 ParIcar Rd ParkerS s atnn a+ & :<'-4El < a oy., ar fta . - St Peas egc , y Ln .... .. SI,Paul'` a =7 rr 9 CrtIk,, O .. cap G RMu+g ti, S 247 UMW ad Cr Oaks Ln Laredo Dr *r :Lam:T 4.., Go* '.t,rr 1275 > nor .1 etsy Ln 5 5 y La Eki'SY(,r} 2514 ".. 2551 mourn Rd . 7P00. SkY'na'k Or '�8a ... Perk 6h'd 424 x *F g Land LkSting t Greentastl ,�4, ". .. .. ., 7s2NHp!750978 -k$ z ¢ Wyke,+ 75098 19w4t tat4 Ln " .Lend Sae 3 ee3 25040171499 .... c ..iiiiii111111,1 1 . IN Ernori S4 r in 75038 Ql PI . .'4"2 .4 e crow., o- � WLekefield Lt r CtlFSt E4pk StW(jporm , Eikoi kr .75 .J1ith si EyM-s44 E FM-3.65- m W 55 sas S.i. ,. ... 72. v g Steet Rd t LS s .. Piano Mwoy Si TEkr rP .,nn - A.77 E Stone Rd N Cif 'a ct 245 �_,r4'S': Load see4 .. ? `u '^ , 'c 704 Cooper Cr `11 Renner Rd E a F: 147 9 Wy1e,TX 1W�0 3 E Richardson n FgnsbyLn ,t N � . . e ' 43i V P07 i7i 747 SvnsM -. ..--..--crc=+as-:a,..:-s-:u-:-xm;r r+:CxnMh :-m sr:-t^r -a 4rw Sachae ra tM Cr SUMMARY OF COMPARABLE LAND SALES Transaction Actual Sale Adjusted Sale Size Price No. Property Location Type Date Zoning Price Price 1 (SF) Per SF 1 712 State Highway 78,Wylie, Listing Apr,14 Commercial $125,000 $125,000 13,939 $8.97 TX 2 2455 FM 1378,Wylie,TX Sale Sep-13 Commercial $160,000 $160,000 39,640 $4.04 3 2809 FM 544,Wylie,TX Sale Mar-14 Commercial S210,000 S210,000 20,168 S10,41 4 704 Cooper Drive,Wylie,TX Sale Sep-12 Commercial 5125,000 $1'2$,0750 21,71 $5..74 Subject NEC Stale Highway 78 and --- --- CC-Commercial --- --- 4,318 - Oak Street, Corridor Wylie,Texas 1 Adjusted sale price for cosh equivalency and/or development costs(where applicablei Compiled by CBRE The sales utilized represent the best data available for comparison with the subject property. They were selected from our research of comparable land sales within the City of Wylie. These sales were chosen based upon their end use, site size (less than 1 acres), date of sale (since 22 4i. t," Land Value 2012), and location. After careful consideration of the quality and quantity of data available and the limited number of recent land sales in the immediate area of the subject property, we have expanded our search to include a listing within close proximity of the subject property. It should be noted, The consummated comparables received a downward 50% conditions of sale adjustment to account for the limited buyer pool for the subject site, due to its smaller size and irregular shape. Comparable One received an additional 10% downward adjustment to account for potential negotiations between buyers and sellers. Based on our comparative analysis, the following chart summarizes the adjustments warranted to each comparable. LAND SALES ADJUSTMENT GRID Comparable Number 1 2 3 4 Subject Transaction Type Listing Sale Sale Sale --- Transaction Date Apr-14 Sep-13 Mar-14 Sep-12 --- Zoning Commercial Commercial Commercial Commercial CC - Commercial Actual Sale Price $125,000 $160,000 $210,000 $125,000 --- Adjusted Sale Price 1 $125,000 $160,000 $210,000 $125,000 --- Size(Acres) 0.32 0.91 0.46 0.50 0.10 Size(SF) 13,939 39,640 20,168 21,780 4,318 Price Per SF $8,97 $4 04 $10 41 $5.74 --- Price ($ PSF) $8.97 $4.04 $10 41 $5.74 Property Rights Conveyed 0% 0% 0% 0% Financing Terms x 0% 0% 0% 0% Conditions of Sale -60% -50% -50% -50% Market Conditions(Time) 0% 0% 0% 10% Subtotal $3.59 $2.02 $5.21 $3.16 Size 0% 0% 0% 0% Shape -5% -5% -5% -5% Corner 10% 10% 10% 10% Location 0% 20% -10% 15% Total Other Adjustments 5% 25% -5% 20% Value Indication for Subject $3.77 $2.52 $4.95 $3.79 Absolute Adjustment 75% 85% 75% 90% 1 Adjusted sale price for cash equivalency and/or development costs(where applicable) Compiled by CBRE Prior to adjustments the sales ranged from $4.04 per square foot to $10.41 per square foot, with a median of $7.35 per square foot and a mean of $7.29 per square foot. After adjustments the sales ranged from $2.52 per square foot to $4.95 per square foot, with a median of $3.78 per square foot and a mean of $3.76 per square foot. The adjustments essentially tightened the range of the comparable sales. 2 Land Value Overall, all four comparables were representative of the subject site. These comparables provide a good indication of land values in the immediate area. However, after adjustments all of the comparables were considered to provide a reasonable range of value indication for the subject properly. The following table presents the valuation conclusion: CONCLUDED LAND VALUE $PSF Subject SF Total $2.52 x 4,318 = $10,893 $3.79 x 4,318 = $16,365 Indicated Value: $11,400 (Rounded$ PSF) $2.64 Compiled by CBRE The value equates to approximately $2.64 per square foot, which is slightly above the mean and median of the adjusted sales. This falls within the range of $2.52 per square foot to $4.95 per square foot indicated by the comparable sales, thereby lending support to our value conclusion. :, ,' Assumptions and Limiting Conditions Assumptions and Limiting Conditions 1. Unless otherwise specifically noted in the body of the report, it is assumed that title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value. CBRE, Inc. is not aware of any title defects nor has it been advised of any unless such is specifically noted in the report, CBRE, Inc., however, has not examined title and makes no representations relative to the condition thereof. Documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may affect the quality of title have not been reviewed. Insurance against financial loss resulting in claims that may arise out of defects in the subject's title should be sought from a qualified title company that issues or insures title to real property. . Unless otherwise specifically noted in the body of this report, it is assumed: that the existing improvements on the property or properties being appraised are structurally sound, seismically safe and code conforming; that all building systems (mechanical/electrical, HVAC, elevator, plumbing, etc.) are in good working order with no major deferred maintenance or repair required; that the roof and exterior are in good condition and free from intrusion by the elements;that the property or properties have been engineered in such a manner that the improvements, as currently constituted,conform to all applicable local, state, and federal building codes and ordinances. CBRE, Inc. professionals are not engineers and are not competent to judge matters of an engineering nature. CBRE, Inc. has not retained independent structural, mechanical, electrical, or civil engineers in connection with this appraisal and, therefore, makes no representations relative to the condition of improvements. Unless otherwise specifically noted in the body of the report: no problems were brought to the attention of CBRE, Inc. by ownership or management; CBRE, Inc. inspected less than 100% of the entire interior and exterior portions of the improvements; and CBRE, Inc,was not furnished any engineering studies by the owners or by the party requesting this appraisal. If questions in these areas are critical to the decision process of the reader, the advice of competent engineering consultants should be obtained and relied upon. It is specifically assumed that any knowledgeable and prudent purchaser would, as a precondition to closing a sale, obtain a satisfactory engineering report relative to the structural integrity of the property and the integrity of building systems. Structural problems and/or building system problems may not be visually detectable. If engineering consultants retained should report negative factors of a material nature, or if such are later discovered, relative to the condition of improvements, such information could have a substantial negative impact on the conclusions reported in this appraisal. Accordingly, if negative findings are reported by engineering consultants, CBRE, Inc. reserves the right to amend the appraisal conclusions reported herein. 3. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property was not observed by the appraisers. CBRE, Inc. has no knowledge of the existence of such materials on or in the property. CBRE, Inc., however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. We have inspected, as thoroughly as possible by observation, the land; however, it was impossible to personally inspect conditions beneath the soil. Therefore, no representation is made as to these matters unless specifically considered in the appraisal, 4. All furnishings, equipment and business operations, except as specifically stated and typically considered as part of real property, have been disregarded with only real property being considered in the report unless otherwise stated. Any existing or proposed improvements, on or off-site, as well as any alterations or repairs considered, are assumed to be completed in a workmanlike manner according to standard practices based upon the information submitted to CBRE, Inc. This report may be subject to amendment upon re-inspection of the subject subsequent to repairs, modifications, alterations and completed new construction. Any estimate of Market Value is as of the date indicated; based upon the information, conditions and projected levels of operation, 5. It is assumed that all factual data furnished by the client, property owner, owner's representative, or persons designated by the client or owner to supply said data are accurate and correct unless otherwise specifically noted in the appraisal report. Unless otherwise specifically noted in the appraisal report, CBRE, Inc. has no reason to believe that any of the data furnished contain any material error, Information and data referred to in this paragraph include, without being limited to, numerical street addresses, lot and block numbers, Assessor's Parcel Numbers, land dimensions, square footage area of the land, dimensions of the improvements, gross building areas, net rentable areas, usable areas, unit count, room count, rent schedules, income data, historical operating expenses, budgets, and related data. Any material error in any of the above data could have a substantial impact 25 w nn; Assumptions and Limiting Conditions on the conclusions reported. Thus, CBRE, Inc. reserves the right to amend conclusions reported if made aware of any such error. Accordingly, the client-addressee should carefully review all assumptions, data, relevant calculations, and conclusions within 30 days after the date of delivery of this report and should immediately notify CBRE, Inc. of any questions or errors. 6. The date of value to which any of the conclusions and opinions expressed in this report apply, is set forth in the Letter of Transmittal. Further, that the dollar amount of any value opinion herein rendered is based upon the purchasing power of the American Dollar on that dale. This appraisal is based on market conditions existing as of the date of this appraisal. Under the terms of the engagement, we will have no obligation to revise this report to reflect events or conditions which occur subsequent to the date of the appraisal. However, CBRE, Inc. will be available to discuss the necessity for revision resulting from changes in economic or market factors affecting the subject. 7. CBRE, Inc. assumes no private deed restrictions, limiting the use of the subject in any way. 8. Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposit or subsurface rights of value involved in this appraisal, whether they be gas, liquid, or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this appraisal report. Unless otherwise stated it is also assumed that there are no air or development rights of value that may be transferred. 9. CBRE, Inc. is not aware of any contemplated public initiatives, governmental development controls, or rent controls that would significantly affect the value of the subject. 10. The estimate of Market Value, which may be defined within the body of this report, is subject to change with market fluctuations over time. Market value is highly related to exposure,time promotion effort,terms, motivation, and conclusions surrounding the offering. The value estimate(s) consider the productivity and relative attractiveness of the property, both physically and economically, on the open market. 11. Any cash flows included in the analysis are forecasts of estimated future operating characteristics are predicated on the information and assumptions contained within the report. Any projections of income, expenses and economic conditions utilized in this report are not predictions of the future. Rather, they are estimates of current market expectations of future income and expenses. The achievement of the financial projections will be affected by fluctuating economic conditions and is dependent upon other future occurrences that cannot be assured. Actual results may vary from the projections considered herein. CBRE, Inc. does not warrant these forecasts will occur. Projections may be affected by circumstances beyond the current realm of knowledge or control of CBRE, Inc. 12. Unless specifically set forth in the body of the report, nothing contained herein shall be construed to represent any direct or indirect recommendation of CBRE, Inc. to buy, sell, or hold the properties at the value stated. Such decisions involve substantial investment strategy questions and must be specifically addressed in consultation form. 13. Also, unless otherwise noted in the body of this report, it is assumed that no changes in the present zoning ordinances or regulations governing use, density, or shape are being considered. The properly is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, nor national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report is based, unless otherwise stated. 14. This study may not be duplicated in whole or in part without the specific written consent of CBRE, Inc. nor may this report or copies hereof be transmitted to third parties without said consent, which consent CBRE, Inc. reserves the right to deny. Exempt from this restriction is duplication for the internal use of the client-addressee and/or transmission to attorneys, accountants, or advisors of the client-addressee. Also exempt from this restriction is transmission of the report to any court, governmental authority, or regulatory ogency having jurisdiction over the party/parties for whom this appraisal was prepared, provided that this report and/or its contents shall not be published, in whole or in part, in any public document without the express written consent of CBRE, Inc. which consent CBRE, Inc. reserves the right to deny. Finally, this report shall not be advertised to the public or otherwise used to induce a third party to purchase the property or to make a "sale" or "offer for sale" of any "security", as such terms are defined and used in the Securities Act of 1933, as amended. Any third party, not covered by the exemptions herein, who may possess this report, is advised that they should rely on their own independently secured advice for any decision in connection with this property. CBRE, Inc. shall have no accountability or responsibility to any such third party. 15. Any value estimate provided in the report applies to the entire property, and any pro ration or division of the title into fractional interests will invalidate the value estimate, unless such pro ration or division of interests has been set forth in the report. '6 :.,, Assumptions and Limiting Conditions 16. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Component values for land and/or buildings are not intended to be used in conjunction with any other property or appraisal and are invalid if so used. 17. The maps, plats, sketches, graphs, photographs and exhibits included in this report are for illustration purposes only and are to be utilized only to assist in visualizing matters discussed within this report. Except as specifically stated, data relative to size or area of the subject and comparable properties has been obtained from sources deemed accurate and reliable. None of the exhibits are to be removed, reproduced, or used apart from this report. 18. No opinion is intended to be expressed on matters which may require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. Values and opinions expressed presume that environmental and other governmental restrictions/conditions by applicable agencies have been met, including but not limited to seismic hazards, flight patterns, decibel levels/noise envelopes, fire hazards, hillside ordinances, density, allowable uses, building codes, permits, licenses, etc. No survey, engineering study or architectural analysis has been made known to CBRE, Inc. unless otherwise stated within the body of this report. If the Consultant has not been supplied with a termite inspection, survey or occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranty is made concerning obtaining these items. CBRE, Inc. assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance, 19. Acceptance and/or use of this report constitutes full acceptance of the Contingent and Limiting Conditions and special assumptions set forth in this report. It is the responsibility of the Client, or client's designees,to read in full, comprehend and thus become aware of the aforementioned contingencies and limiting conditions, Neither the Appraiser nor CBRE, Inc. assumes responsibility for any situation arising out of the Client's failure to become familiar with and understand the same. The Client is advised to retain experts in areas that fall outside the scope of the real estate appraisal/consulting profession if so desired. 20. CBRE, Inc. assumes that the subject analyzed herein will be under prudent and competent management and ownership; neither inefficient or super-efficient. 21. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 22. No survey of the boundaries of the property was undertaken. All areas and dimensions furnished are presumed to be correct. It is further assumed that no encroachments to the realty exist. 23. The Americans with Disabilities Ad (ADA) became effective January 26, 1992. Notwithstanding any discussion of possible readily achievable barrier removal construction items in this report, CBRE, Inc, has not made a specific compliance survey and analysis of this property to determine whether it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the ADA. If so, this fact could have a negative effect on the value estimated herein. Since CBRE, Inc. has no specific information relating to this issue, nor is CBRE, Inc. qualified to make such an assessment, the effect of any possible non-compliance with the requirements of the ADA was not considered in estimating the value of the subject. 24. Client shall not indemnify Appraiser or hold Appraiser harmless unless and only to the extent that the Client misrepresents, distorts, or provides incomplete or inaccurate appraisal results to others, which acts of the Client approximately result in damage to Appraiser. Notwithstanding the foregoing, Appraiser shall have no obligation under this Section with respect to any loss that is caused solely by the active negligence or willful misconduct of a Client and is not contributed to by any act or omission (including any failure to perform any duty imposed by law) by Appraiser. Client shall indemnify and hold Appraiser harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the appraisal report to any third party. In the event of any litigation between the parties, the prevailing party to such litigation shall be entitled to recover,from the other, reasonable attorney fees and costs. 27 „ Addenda Addenda LAND SALE No. 1 Vacant Land - Listing `" Location Data ` . ' .tee- `" r Location; 712 State Highway 78 Wylie,TX 75098 '° County: Collin '' m Parcel No: 15706 - r 4 " x Atlas Ref: " ;f � u Physical Data Type: Retail/Commercial _ Ad ' ra Est ,lw - � �� . Land Area: Gross Usable ` Acres: 0.320 0.320 4 � Square Feet: 13,939 13,939 Financial Data Topography: Generally Level Transaction Type: Listing Shape: Rectangular Date: 4/2014 Utilities: All Marketing Time: NA Zoning: Commercial Grantor: Allowable Bldg Area: 0 SF Grantee: Floor Area Ratio: 0.00 Document No.: No.of units: 0 Sale Price: $125,000 Max FAR: 0.00 Financing: Not Available Frontage: State Highway 78- ; Cash Eq.Price: $125,040 Analysis Clnsite/Offsite Costs: $0 Use At Sale: Vacant Land Adj. Sale Price: $125,000 Proposed Use or Dev. Commercial Corridor Verification: David Barnhart Price Per Acre: $390,625 Price Per SF of Land; $8.97 Price Per Unit: Price Per SF of Bldg: Comments This represents the current listing of a 0.32 acre tract located at 712 State Highway 78 in Wylie,Texas. The site is listed for$125,000 or$9.03 per square foot. ,y,; LAND SALE No. 2 Vacant Land Location Data Location: 2455 FM 1378 Wylie,TX 75098 County: Collin Parcel No: Atlas Ref: Physical Data Type: Retail/Commercial Land Area: Gross Usable Acres: 0.910 0.910 Square Feet: 39,640 39,640 Financial Data Topography: Generally Level Transaction Type: Sale Shape: Rectangular Date: 9/2013 Utilities: All Marketing Time: NA Zoning: Commercial Grantor: Donald Anderson Allowable Bldg Area: 0 SF Grantee: Floor Area Ratio: 0.00 Document No.: No.of units: 0 Sale Price: $160,000 Max FAR: 0.00 Financing: Market Terms Frontage: FM 1378- ; Cash Eq.Price: $160,000 Analysis OnsitefOffsite Costs: $0 Use At Sale: Vacant Land Adj. Sale Price: $160,000 Proposed Use or Dev. Commercial Verification: MLS#11840136 Price Per Acre: $175,824 Price Per SF of Land: $4.04 Price Per Unit: Price Per SF of Bldg: Comments This represents the September 2013 sale of a 0.91 acre tract located at 2455 FM 1378 in Wylie,Texas. The site sold for$160,000 or $4.04 per square foot. LAND SALE No. 3 Vacant Land Location Data Location: 2809 FM 544 Wylie,TX 75098 County: Collin Parcel No: Atlas Ref: Physical Data Type: Retail/Commercial Land Area: Gross Usable Acres: 0.460 0.460 Square Feet: 20,168 20,168 Financial Data Topography: Generally Level Transaction Type: Sale Shape: Rectangular Date: 3/2014 Utilities: All Marketing Time: NA Zoning: Commercial Grantor: Weidner Rvocable Living Trust Allowable Bldg Area: 0 SF Grantee: Floor Area Ratio: 0.00 Document No.: No. of units: 0 Sale Price: $210,000 Max FAR: 0.00 Financing: Market Terms Frontage: FM 544-; Cash Eq.Price: $210,000 Analysis Onsite/Offsite Costs: $0 Use At Sale: Vacant Land Adj. Sale Price: $210,000 Proposed Use or Dev. Commercial Verification: MLS#12089586 Price Per Acre: $453,564 Price Per SF of Land: $10.41 Price Per Unit: Price Per SF of Bldg: Comments This represents the March 2014 sale of a 0.46 acre tract located at 2809 FM 544 in Wylie,Texas. The site sold for$210,000 or $10.41 per square foot.This site is located next door to Just Brakes on FM 544. LAND SALE No. 4 Vacant Land Location Data Location: 704 Cooper Drive Wylie,TX 75098 County: Collin Parcel No: 1784732 Atlas Ref: Physical Data Type: Retail/Commercial Land Area: Gross Usable Acres: 0.500 0.500 Square Feet: 21,780 21,780 Financial Data Topography: Generally Level Transaction Type: Sale Shape: Rectangular Date: 9/2012 Utilities: All Marketing Time: NA Zoning: Commercial Grantor: Duel Products, Inc. Allowable Bldg Area: 0 SF Grantee: Wylie Economic Development Floor Area Ratio: 0.00 Corp. No. of units: 0 Document No.: Max FAR: 0.00 Sale Price: $125,000 Frontage: Cooper Drive-; Financing: Market Terms Analysis Cash Eq.Price: $125,000 Use At Sale: Vacant Land Onsite/Offsite Costs: $0 Proposed Use or Dev. Commercial Adj. Sale Price: $125,000 Price Per Acre: $250,000 Verification: Wylie Economic Development Price Per SF of Land: $5,74 Corp. Price Per Unit: Price Per SF of Bldg: Comments This represents the September 2012 sale of a 0.50 acre tract located at 704 Cooper Drive in Wylie,Texas. The site sold for$125,000 or$5.74 per square foot. Addenda Addenda Being all that certain lot, tract or parcel of land situated in the S.B. Shelby Survey, Abstract Number 820 and the Francisco de la Pina Survey, Abstract Number 688, City of Wylie, Collin County,Texas, being part of Lot 37, Block 16, Railroad Addition according to the plat thereof recorded in Volume 77, Page 494 of the Deed Records of Collin County,Texas, part of the existing right-of-way of Oak Street. EXHIBIT"A" LEGAL DESCRIPTION For City of Wylie Right-of-Way Abandonment 0.099 Acres 4,318 Square Feet Being all that certain lot, tract or parcel of land situated in the S. B. Shelby Survey, Abstract Number 820 and the Francisco de la Pina Survey, Abstract Number 688, City of Wylie, Collin County, Texas, being part of Lot 37, Block 16, Railroad Addition according to the plat thereof recorded in Volume 77, Page 494 of the Deed Records of Collin County, Texas, part of the existing right-of-way of Oak Street according to said plat and being more particularly described as follows: BEGINNING at a 1/2" capped rebar (G &A) set at the intersection of the north right-of-way line of Oak Street and the west right-of-way line of 3rd Street, being the southeast corner of said Lot 37, Block 16, Railroad Addition; THENCE West, 32.07 feet, along the north right-of-way line of Oak Street, to a Y2" capped rebar(G & A)set at the point of curvature of a curve to the right; THENCE Northwesterly, across said Lot 37, Block 16, Railroad Addition, being the new north right-of-way line of Oak Street, and with the arc of said curve having a radius of 125.00 feet, a central angle of 25°53'28", whose chord bears N 53°58'50" W, 56.01 feet, an arc length of 56.49 feet, to a '/2" capped rebar (G & A) set on the southerly right-of-way line of State Highway 78 (variable width R.O.W.); THENCE N 51°18'17" E, 99.13 feet, along the southerly right-of-way line of State Highway 78, to a '/z" capped rebar (G & A) set on the west right-of-way line of 3rd Street, being the east line of said Lot 37, Block 16, Railroad Addition; THENCE South, 94.91 feet, along the west right-of-way line of 3`d Street and the east line of said Lot 37, Block 16, Railroad Addition, to the POINT OF BEGININNING, and containing approximately 0.099 acres or 4,318 square feet of land. Subject to any easements or other encumbrances that may apply. PRELIMINARY, FOR REVIEW PURPOSES ONLY. Kent M. Mobley, RPLS No.4796 Date Grantham and Associates, Inc. Addenda D LAS RELATIVE EMPLOYMENT PERFORMANCE(1999=100) ,. EMPLOYMENT �x,g n_d �01.3094'� ,r 150 I)140 _ _ RANK Burg.gys l_I'.p3V'tl t: tRt:;T.IL 130 rro . T. N LIFE CYCLE VITALITY 120 I' PHASE , _ , _ < , r4 ,q,,, 110 Growth'Mature129 % Q - • - _ 100 ISK RELATIVE COSTS s to 90 .:.,. s R r 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13F 14F 15F 16F 17F 18F ,07% iQ j, r Y ,,,, U.S. ,,u DAL j Datalauffet MSA code:DMDAL eso a.trews?,394 212.8 217.6 212.4 222.9 230.0 239.1 251.6 Gross metro product(C$B) 265.1 279.7 292.6 304.8 316.2 3.8 2.3 -2.4 4.9 3.2 4.0 5.2 %change 5.4 5.5 4.6 4.2 3.8 2,074.0 2,097.8 2,015.3 2,018.0 2,063.4 2,114.6 2,170.6 Total employment(ths) 2,234.4 2,310.2 2,393.7 2,455.9 2,500.2 2.9 1.1 -3.9 0.1 2.3 2.5 2.6 %change 2.9 3.4 3.6 2.6 1.8 4.3 5.1 7.8 8.2 7.8 6.7 6.2 Unemployment rate 5,8 5.4 5.4 5.3 5.3 5.5 7.1 -6.0 4.0 10.3 5.8 2.3 Personal income growth 4.6 8.8 8.6 7.0 5.5 4,011.3 4,092.7 4,178.1 4,254.5 4,338.6 4,432.2 4,513.8 Population(ths) 4,605.0 4,699.9 4,798.5 4,897.9 4,996.5 19,407 12,207 9,770 10,684 10,690 14,698 16,394 Single-family permits 21,959 35,598 36,460 29,791 24,774 11,767 15,063 4,607 3,860 9,520 14,048 14,464 Multifamily permits 5,724 4,927 5,241 5,272 4,964 160.7 155.8 150.3 154.2 159.2 170.6 188.0 Existing-home price($ths) 195.1 196.9 200.8 203.3 205.8 23,823 18,090 23,051 19,990 18,306 21,869 17,781 Mortgage originations($mil) 13,986 15,479 14,721 15,138 17,842 i 33.5 33.7 38.5 32.4 42.4 53,5 42.1 Net migration(ths) 51.1 54.4 57.7 58.1 56.9 8,912 9,143 11,447 12,222 11,160 11,122 9,112 Personal bankruptcies 8,262 7,802 8,163 9,248 10,985 , STRENGTHS : Recent Performance. Dallas' economy deceler- mirs for multifamily units have already rebounded • Stable demand for professional services ared in the latter part of 2013,bur the area's expan- from a mid-2013 pause, and single-family activity generated by many corporate headquarters. sion is on track.Total employment is well beyond will follow,driven by steady household formation. • Well-positioned distribution center for its prerecession peak in contrast with the nation as Although single-family home sales growth deceler- Southwest as international trade grows. , a whole,and growth still exceeds the U.S. average aced in late 2013, prices rose 9.8%'o year over year WEAKNESSES on a year-over-year basis, However, performance and inventory is a razor-chin 2.1 months of sales. • Exposure to volatile high tech,which is has varied. A range of service industries have led Delinquency rates are below prerecession levels, sensitive to the business cycle. the way, particularly leisure/hospitality and con- the proportion of underwater homes is among the • Earlier overbuilding limits the pace of growth of commercial real estate. struction, whereas IT-heavy manufacturing has lowest of all major metro areas, and banks are fi- j declined steadily. The moderate recovery in local nally beginning to ease mortgage credit availabil- government employment contrasts sharply with ity. However, affordability will be a modest drag, weakness in many other areas around the country as DAIS is well below that of Atlanta and has even 4 e _ and is consistent with the metro area's above-aver- dropped below that of Chicago and Houston. 16 CHANGE YR AGO,3-M0 MA age population growth. The unemployment rate Banking and insurance.Despite a pause in in- Jun 13 Oct 13 Feb 14 has declined to less than 5.9°o even as the labor dustry job gains toward the end of 2013,financial Total 2.3 3.2 2..9 force has grown steadily, another contrast with services will remain a driver of growth in 2014. Construction. ... 5.8 8.8 6 6 national performance. Payrolls have risen far faster than the national av- Manufacturing. Trade 2 1 3 8 3.4 Air travel.Air travel will support gains in trans- erage in recent years,as banks and insurers expand r ortation and hospitality over the forecast period. to meet household and business financial needs in Trans/Utilities 4.6 4 2 6.5 p p' r}' Information 1.2 3,7 3.1 Overall traffic through Dallas-Fort Worth Inter- the growing Southwest.Most recently,State Farm Financial Activities 4.7 4.7 1.9 national Airport was up 3.2% in 2013, led by a Insurance announced that it will add a fourth Prof&Bus ness Svcs. 2.1 3.2 2,8 9.6/o jump in international travelers. The merger large tower to the 1.5 million-square-foot corn Edu&Health Svcs. 1.2 2.3 2,8 Leisure&Hospital:ty 5.3 5 6 _ 5_4 ' of American Airlines and US Airways in December plex being built in Richardson. Likewise, in late Other Services_ 1.9 3„3 5.0 to form the world's largest airline will be a positive 2013, SunTrust announced that it would open Government 0.9 1.8 2.5 factor,as AA's emergence from bankruptcy enables a corporate banking office, as will Texas Bank& O " r it to normalize dealings with local vendors and sup- Trust. Previously, other financial firms announc- seoRTTER pliers, Further, the headquarters will be located in ing expansions included USAA, UMB Bank, M ,. ' LONGTERM 4 DAL, preserving managerial and professional ser- MoneyGram International, BB&T, Frost Bank UPSIDE vices jobs.Also, the airline will have the ability to and CapitalOne. • Strong income and job gains accelerate offer more flights. International travel to growing Dallas'expansion will firm in 2014,on growth housing recovery more than expected. Latin America should increase since DFW cur- in housing, financial services and travel-related • American Airlines merger boosts transportation rently has fewer flights than Delta's Atlanta hub services following the American Airlines merger. 'i businesses more than expected. or United's Houston hub. Separately,domestic air Longer term,the high concentrations of technol- DOWNSIDE travel to DAL will advance in the fall when South- ogy businesses, corporate headquarters, distri- '. • Extra fiscal austerity causes more layoffs at west begins long-distance routes from Love Field bution infrastructure, and above-average popu- military vendors than anticipated. following the expiration of Wright Amendment. Iation growth will contribute to above-average • High tech weakens further as pent-up Residential construction. After pausing for performance. demand is satisfied and euro zone recovery much of 2013, homebuilding should reaccelerate Edward Friedman remains weak. , in 2014, lifting construction payrolls. New per- March 2014 34 TOP EMPLOYERS INDUSTRIAL DIVERSITY` INTO DALLAS,B . 1, TX NUMBER Wal-Mart Stores Inc. 34,698 Most Diverse(U.S.) OF MIGRANTS '! i American Airlines 24,700 I 1.00 Fort Worth,TX 27,492 I II Bank of America Corp. 20,000 Houston,TX 6,443 .... 0.80 Carlson Restaurants Worldwide 19,999 0.80 ,�^:f",,,,r.t.. Austin,TX 3,708 Texas Health Resources 19,230 'it': t�' 11 San Antonio,TX 2,511 Baylor Health Care System 17,097 0.60 {8'" a„. .. < Chicago, IL 2,424 AT&T 15,800 "". at Los Angeles,CA 2,336 Lockheed Martin Aeronautics Co 14,126 0,40 £s,( . 4 : Atlanta,GA 1.864 JPMorgan Chase&Co. 13,500 i , , Phoenix,AZ 1,673 UT-Southwestern Medical Center at Dallas 13,053 ! 0.20 a kf l£' s r",f`• I New York,NY 1,602 HCA 12,000 I i/,r4„- t,.'.-- 0.00 Sherman,TX 1,503 The Kroger Co. 10,097 � Least Diverse I Total In-migration 137,944 Parkland Health and Hospital System 9,405 9 Texas Instruments Inc. 9,100 z I, Raytheon Raytheon g 700 f EMPLOYMENT VOLATILITY ;i FROM DALLAS,TX Target Corp. 8,674 1 Due to U.S.fluctuations Relative to U.S, II Fort Worth,TX 28,898 United Parcel Services 8 ,55 Houston,TX 6,662 t0a%` ", : r ' �� s# I'. Atlanta,GA 5,271 ' J.C.Penney Co 7,964 ? Southwest Airlines Co. 7,022 t VO ;I Austin,TX 4,257 8# 1, I II University of North Texas System 7,000 809�- ttlitiV San Antonio,TX 1,751 APAAA t£, ! Sherman,TX 1,751 r Sources Delves aueness.Journal.Soon c(ties,2013,Dallas Office d (£51i' '4 ; II Economic Development.2012 6fl16� �r}k4) £ LctsAngeles,CA 1.480 .': � ' Oklahoma City,OK 1,317 40% tit ,i PUBLIC �sr i5�. Chicago, IL 1,275 _ �� �£t}� Newr York,NY 1,251 II I: Federal 29,226 I State £ Total Out-mr ration 126,606 36,393 `� k8 titi,�", Local 200,345 0% Net Migration 11,338 'I 2013 Not due to U.S. ,_ Due to US. DAL U.S. COMPARATIVE EMPLOYMENT AND INCOME NET MIGRATION,DAL I Sector of Total Employment Average Annua Earnings ,/� ; DAL TX U.S. DAL TX U.S. 60,000 '' Mining 0.5% 2.6% 0.6% $116,092 $180,436 $121,241 rf • - Construction 4.7% 5.5% 4.3% $66,734 $58,575 $55,288 50,000- p�£� tf Manufacturing7.6% 7.8% 8.8% $89,929 $82,453 $75,242 40,000' PAA1,104, f at,�tg,£ Durable 71.1% 66.1% 62.8f° rid $78,45Q $76,882 l o'�i 30,000- r � � t ,, , Nondurable 28.9% 33.9% 37.2% nd $89,754 $72,564 _ h{i t .f £fyss+�4 t {'�f 20,000 ('£ �, i . 4� Trans ortationlUtilities 3 7% 4 1% 3 7% ,fr f p $74 858 $79 898 $63 045 f f��#it f ��" 7�{ff f t Retail Trade Trade 5.10.$°f° 10.9% 1% 5.0% 4 2% $93 838 $84 581 $77 359 10,000- .4w { ,k� $36 011 $31 720 $31 495 0 Pi£ �ti 1 .s r Information 3.0% 1.8% 2,0°fa $112,845 $75,305 $93,099 10 11 12 13 II Financial Activities 9.1% 6.1% 5,8% $60,068 $40,332 $47,540 Prof.and Bus.Services 17.5% 13.0% 13.6% $65,286 $56,846 $61,311 'I Educ.and Health Services 12.2%a 13.3% 15.5% $62,473 $48,823 $50,524 2010 2011 2012 2013 Leisure and Wosp.Services 9.9°/a 10.2°fa 10.4°f° $29,438 $21,873 $23,812 Domestic ti o73 28 442 40 562 20 607 p ............ p......... Q. ... Foret n 2D 32Q 14 345 14 155 14 662 Other Services 3,5 fa 3.5% 4.0% $36,994 $33,736 $33,224 g. ... ... .. .....__ Government 12.3% 16.2°fo 16.0% $64,201 $61,174 $70,342 Total 31,393 42,787 54,717 35,269 Sources.Percent of total employment-Moody's Analytics&BLS,2013;Average annual earnings-BEA,2011 Sources:IRS(top).2070;Census Bureau,2073 5 220 NAILS INDUSTRY EMPLOYEES (000) 200 GVSL State&Local Government 236.7 �. �. 7225 Restaurants and other eating laces 154.7 fi "' ` f 180 sE 5613 Emplloyment services 9 7b 5 '' § , � 4 160 "$ � " 5415 Computer systems design and related services 4�5 ,, r£is �, 6221 General medical and surgical hospitals 46 2 R Pc , ,„ 6211 Offices of h sicians 45 9 k` NV( '14! 120 5216 Horne health Bare seances32.7 t o { £ 140 ,) ` "s 5617 Services to builddinse and dwettirngs 32,7 rJ '£fv,:) Depository s 100iiiiiiins ji 4451 Grocery stores 31.6 i i p;;$„' , 3 80 2382 Buildir uipment contractors 31.0 �i � 5511 Management of companies and enterprises 30.9 nil 9. R rp 98 DAL 01 04 U0 10 13 ii 5222 6416 Mtanagemen,scientifictiory itintermediation meditecacal consult srucs 30.06 ', /i4 00 NASA I; 5241 Insurance camers 29.4oiti o r s ^r,» & r 9%<" °• ' High-tech employment 160,5 DAL ® TX U.S. E�+,' t f£ Po As%of total employment 7.3 /�a l COUNTY atr9 AS OF JUN 26,2013 i Sources:BLS,Moody'sAnalytr'cs,2013 Sources:BEA.Moody"SAnalytics,2073 nowermosomrossormwompreausweragoArAvirlowarparamegmoommftweagrOgootakonflow Expansion Intact Despite Late-2013 Pause Hospitality Led Service Industry Gains... Employment, %change yr ago, 3-mo MA Employment, %change yr ago,3-mo MA Dallas Private services Government 2 r _�, 'texas ,r , 0 I I - U.S. 2 i 6 g 4 Goods producing 4,4„ 12 I 08 09 10 11 12 13 14 09 10 11 12 13 14 Sources.OLS,Moody`sAnalytecs Sources;BLS,Moody`s AneMtics ,.But Manufacturing Payrolls Keep Shrinking Accelerating Prices Should Boost Building %change yr ago CoreLogic Home Price Index, %change yr ago 4 ,.... 10 15 industrial production(R) dYv, 10 Dallas 1 4 I 10 Texas 1' 10 1 $ t Manufacturing employment(L) 20 -15 . 9J.S. 1 09 10 11 12 13 14 08 09 10 11 12 13 14 Sources:BLS,Moody°sAnalytacs Sources:CareLogic,Moody'sAnalytics Well-Educated Workers Attract New Companies Competition From Some Other Sun Belt Areas %of population 25 and older with a bachelor's degree,2012 Cost of doing business, U.S.=100, 2011 Austin t:Nkn4 tt rr t>,,3'st,tr 7tfY¢7 ,r3{$rr" yt``is ri i i\�� ?9 ifit jY�rtrikF,,, sii%f i'( cr7 9j t''?i "'Z`i5a, q;�.:4'uu.�.uitiTM�x�°�stEhtuvaa�ta4k(�k�aX��Y�ddV ,tx�t}S?Si�r :+��t : �&�wkt� :�?1a�?,e Miami .t�.+t��`at��.,'trrj��tt��4,s4��zFt rrb �;,f ,s���,,�rlS ia`rM:��i`��;�%;,t,s s%�V�(?ri.�, Dallas Chicago14,04607)1 g ar� tti 28+l tt�tub a r 2 tRA5 4 Houston moorial1 qs Dallas t il Phoenix �ta titer: Fort Worth 37�3� Texas ' 1 Texas :t,"� ', ` �1' �t S' �;'tF San Antonio " tt Atlanta tt �tl} w. , 24 28 32 36 40 44 80 85 90 95 100 105 110 Sources;Census Bureau,Moody s AnaByttOs Source:Moodys Anatytics The relationship between educational attainment,corporate reloca- Although DAL will grow as a preeminent location for financial, tion and in-migration will lift the DAL economy.As companies corporate, transportation and trade activity in the center of the arrive from other areas to take advantage of the large concentration country, the strengthening economies of lower-cost Sun Belt corn- of well-trained employees in IT, finance and accounting, they bring petitors such as Atlanta and Phoenix could limit the pace of the with them additional job opportunities.This lifts demand for these gains. However,several factors will keep DAL strong, including the occupations further and generates in-migration. In turn, the grow- expansion of the area's transportation and distribution businesses ing population will increase demand for the output of a variety of following the American Airlines merger,and the fact that compa- personal services, including retail, healthcare and education as well rable northern metro areas such as Chicago have higher costs of as housing. doing business. 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Each opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein,and each such user must accordingly make its own study and evaluation prior to investing. Addenda VALUATION & ADVISORY SERVICES P.mo CBPE, Inc. 2100 McKinney Avenue,Suite 700 Dallas,Texas 75201 March 14, 2014 Hayden D.Littlefield Vice President John Nayeb THE NAYEB GROUP 1264 West Spring Valley Road Richardson, TX 75080 Phone: 972.231 .5400 Fax: 972.231 .5407 Email: farhadnayeb@msn.com RE: Assignment Agreement .099 acres, 3Rd Street, Oak Street& SH 78 Row Wyle, TX Dear Mr. Nayeb: We are pleased to submit this proposal and our Terms and Conditions for this assignment. PROPOSAL SPECIFICATIONS Purpose: To estimate the Market Value of the referenced real estate Premise: As Is Rights Appraised: Fee Simple Intended Use: Loan Securitization purposes Intended User: The intended user is THE NAYEB GROUP. Reliance on any reports produced by CBRE under this Agreement is extended solely to the Client signing below and to any other Intended Users identified in this Agreement. Other parties or entities who obtain a copy of the report may not rely upon any opinions or conclusions contained in the report unless such party or entity has expressly been identified by CBRE as an Intended User. Reliance Language: None Inspection: CBRE will conduct a physical inspection of the subject property and its surrounding environs on the effective date of appraisal. Valuation Approaches: All applicable approaches to value wiii be considered and utilized. Report Type: Appraisal - Summary Appraisal Standards: Client Guidelines/USPAP Appraisal Fee: $2,500 Expenses: Fee includes all associated expenses Retainer: A retainer of $2,500 is required Payment Terms: Fee for this assignment scope is considered paid in full upon receipt of retainer. Delivery Instructions: CBRE encourages our clients to join in our environmental sustainability efforts by accepting an electronic copy of the report. An Adobe PDF file via email will be delivered to farhadnayeb@msn.com. Upon request, the client will be provided John Nayeb Assignment Agreement Page 2 of 6 March 14, 2014 One (1) final hard copy. Charges may apply for additional copies (see Terms and Conditions). Delivery Schedule: Preliminary Value: Not Required Draft Report: Three (3) weeks upon receipt of retainer Final Report: Upon Client's request Start Date: The appraisal process will start upon receipt of your signed agreement, the retainer, and the property specific data. Acceptance Date: These specifications are subject to modification if this proposal is not accepted within 3 business days from the date of this letter. TERMS AND CONDITIONS The attached Terms and Conditions and Specific Property Data Request are deemed a part of this agreement as though set forth in full herein. Each person executing this agreement represents and warrants that it has the requisite power and authority to enter into and bind the respective parties hereto. We appreciate this opportunity to be of service to you on this assignment. If you have additional questions, please contact us. Sincerely, CBRE, Inc. Valuation & Advisory Services c;) Hayden D. Littlefield Vice President VAS As Agent for CBRE, Inc. TX-1324546-G T 214.979.5681 F 214.979.6395 Hayden.littlefield@cbre.com CBRE John Naveb Assignment Agreement Page 3 of 6 March 14, 2014 AGREED AND ACCEPTED FOR THE NAYEB GROUP: 51 (41114 Signature Dote rAco-42-1,9 pr,s., Name Title `192_ 23j Squo 6i-2 2.. ! SL-1f .7 . Phone Number Fax Number E-Mail Address John Nayeb Assignment Agreement Page 4 of 6 March 14, 2014 TERMS AND CONDiTIONS 1. These Terms and Conditions, between CBRE, inc.-Appraisal Services (Appraiser)and the Client for whom the referenced appraisal service will be performed, shall be deemed a part of such Agreement as though set forth in full therein. The Agreement shall be governed by the laws of the state of the CBRE, Inc. office shown on the Agreement. 2. Client is defined as the party signing the Agreement and shall be responsible for payment of the fees stipulated in the Agreement. Payment of the appraisal fee is not contingent upon any predetermined value or on an action or event resulting from the analyses,opinions, conclusions,or use of the appraisal report. 3. If we are requested io give court testimony, an additional fee will be charged on an hourly basis at our then-prevailing hourly rate. The hourly billings pertain to court preparation,waiting and travel time, document review and preparation (excludes appraisal report)and all meetings related to court testimony. 4. In the event Client requests additional services beyond the purpose slated in the Agreement, Client agrees to pay an additional charge for such services, plus reimbursement of expenses, whether or not the completed report has been delivered to Client at the time of the request. 5. It is understood that the Client has the right to cancel this assignment at any time prior to delivery of the completed report. In such event,the Client is obligated only for the pro rated shore of the fee based upon the work completed and expenses incurred,with a minimum charge of$500. 6. Appraiser shall have the right to terminate this Agreement at any time for cause effective immediately by written notice to Client upon the occurrence of the fraud or willful misconduct of Client,its employees or agents. 7. Additional copies of the appraisal reports are available at a cost of $250 per original color copy and $100 per photocopy(black and white), plus shipping cost of$30 per report. 8. In the event Client fails to make payments when due and payable, then from the date due and payable until paid the amount due and payable,shall bear interest at the maximum rate permitted in the state in which the office of Appraiser executing the Agreement is located. If Appraiser is required to institute legal action against Client relating to the Agreement,Appraiser shall be entitled to recover reasonable attorney's fees and costs from Client. 9. Appraiser assumes that there are no major or significant items that would require the expertise of a professional building contractor or engineer. if such items need to be considered in Appraiser's studies, such services are to be provided by others at a cost which is not a part of the fee proposal. 10. In the event of any dispute between Client and Appraiser relating to this Agreement, or Appraiser's or Client's performance hereunder,Appraiser and Client agree that such dispute shall be resolved by means of binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Depositions may be taken and other discovery obtained during such arbitration proceedings to the same extent as authorized in civil judicial proceedings in the state where the office of Appraiser executing this Agreement is located. The arbitrator(s) shall be limited to awarding compensatory damages and shall have no authority to award punitive, exemplary or similar type damages. The prevailing party in the arbitration proceeding shall be entitled to recover from the losing party its expenses,including the costs of arbitration proceeding, and reasonable attorney's fees. 11. Client aeknowledges that Appraiser is being retained hereunder as on independent contractor to perform the services described herein and nothing in this Agreement shall be deemed to create any other relationship between Client and Appraiser. This assignment shall be deemed concluded and the services hereunder completed upon delivery to Client of the appraisal report discussed herein. 12. All statements of fact in the report which are used as the basis of the Appraiser's analyses, opinions, and conclusions will be true and correct io the best of the Appraiser's knowledge and belief. Appraiser does not make any representation or warranty, express or implied, as to the accuracy or completeness of the information or the state of affairs of the Property furnished to Appraiser by Client. 13. Appraiser shall have no responsibility for legal matters, questions of survey or title, soil or subsoil conditions, engineering,or other similar technical matters. The report will not constitute a survey of the property analyzed. 14. Client shall provide Appraiser with such materials with respect to the Assignment as are requested by Appraiser and in the possession or under the control of Client. Client shall provide Appraiser with sufficient access to the real property to be analyzed and hereby grants permission for entry, unless discussed in advance to the contrary. 15. The data gathered in the course of the Assignment(except data furnished by Client)and the report prepared pursuant to the Agreement are, and will remain,the property of Appraiser. With respect to data provided by Client,Appraiser shall . John Nayeb Assignment Agreement Page 5 of 6 March 14, 2014 not violate the confidential nature of the appraiser-client relationship by improperly disclosing any confidential information furnished to Appraiser. Notwithstanding the foregoing, Appraiser is authorized by Client to disclose all or any portion of the report and the related data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable Appraiser to comply with the Bylaws and Regulations of such institute as now or hereafter in effect. 16. Unless specifically noted in the appraisal, we will not be taking into consideration the possibility of the existence of asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), or the cost of encapsulation or removal thereof. Further, Appraiser understands that there is no major or significant deferred maintenance in the property which would require the expertise of a professional cost estimator or contractor. If such repairs are needed, the estimates are to be prepared by others, and are not a part of this fee proposal. 17. Client shall indemnify and hold Appraiser fully harmless against any loss, damages, claims, or expenses of any kind whatsoever (including costs and reasonable attorneys' fees), sustained or incurred by a third party as a result of the negligence or intentional acts or omissions of Client(including any foilure to perform any duty imposed by law), and for which recovery is sought against Appraiser by that third party; however, such obligation to defend and indemnify shall not apply if the claim or cause of action is based upon or arises in any way out of an act,failure to act or representation of Appraiser. Client shall indemnify and hold Appraiser harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the appraisal report to any third party. 18. LIMITATfON OF LIABILITY. EXCEPT FOR THE HOLD HARMLESS PROVISION ABOVE, ANYTHING IN THE AGREEMENT TO THE CONTP,ARY NOTWITHSTANDING, UNDER NQ CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER. EXCEPT FOR THE HOLD HARMLESS PROVISION ABOVE, IN NO EVENT WHATSOEVER SHALL EITHER PARTY'S TOTAL LIABILITY TO THE OTHER FOR DIRECT DAMAGES UNDER THE AGREEMENT OR ANY OTHER DAMAGES WHATSOEVER EXCEED IN THE AGGREGATE THE SUM OF TEN THOUSAND DOLLARS ($10,000.00). 19. Please note that Appraiser's consent to allow the appraisal report or portions of the report, to become part of or be referenced in, any offering or other material intended for the review of others, or to be submitted to others, will be at Appraiser's reasonable discretion and, if given, will be on condition that Appraiser will be provided with an Indemnification Agreement and/or Non-Reliance letter, in a form and content satisfactory to Appraiser, by a party satisfactory to Appraiser. Appraiser does consent to Client submission of the complete final report to rating agencies, loan participants or your auditors without the need to provide us with an Indemnification Agreement and/or Non- Reliance letter. John Nayeb Assignment Agreement Page 6 of 6 March 14, 2014 SPECIFIC PROPERTY DATA REQUEST In order to complete this assignment under the terms outlined, CBRE, Inc., Valuation & Advisory Services, will require the following specific information for the property: 1. Current title report and title holder name 2. Legal description 3. Survey and/or plat map 4. Site plan for proposed or entitled development, if applicable 5. Current county property tax assessment or tax bill 6. Details on any sale, contract, or listing of the property within the past three years 7. Engineering studies, soil tests or environmental assessments 8. Ground lease, if applicable 9. Planning/Zoning application or approval, if applicable 10. Any previous market/demand studies or appraisals 11. Name and telephone number of property contact for physical inspection and additional information needed during the appraisal process 12. Any other information that might be helpful in valuing this property If any of the requested data and information is not available, CBRE, Inc., reserves the right to extend the delivery date by the amount of time it takes to receive the requested information or make other arrangements. Please have the requested information delivered to the following: Hayden D. Littlefield Vice President CBRE, INC. Valuation &Advisory Services 2100 McKinney, Suite 700 Dallas, Texas 75201 T 214 979 5681 CARE Addenda ualific lions an! j' ertitications QUALIFICATIONS OF HAYDEN D. LITTLEFIELD, JR. Vice President CBRE, INC. VALUATION &ADVISORY SERVICES 2100 McKinney, Suite 700 Dallas,Texas 75240 (214) 979-5681 FAX 214-979-6395 FORMAL EDUCATION University of Texas Permian Basin - Odessa, Texas Degree (BBA) Major: Marketing CONTINUING EDUCATION All current requirements have been completed for each of the state's certifications. LICENSE/CERTIFICATION • Texas Real Estate Broker License • Texas State Certified General Real Estate Appraiser • Oklahoma State Certified General Real Estate Appraiser • Mississippi State Certified General Real Estate Appraiser • Louisiana State Certified General Real Estate Appraiser • Arkansas State Certified General Real Estate Appraiser PROFESSIONAL Appraisal Institute Associate Member for MAI Designation,Midland Chapter EMPLOYMENT EXPERIENCE Fifteen plus years of Real Estate Appraisal and Consulting experience throughout the United States and the Caribbean. 2002 — Present CBRE, Inc., Appraisal Services Dallas,Texas Vice President 1994-2002 Aaron &Wright Incorporated Houston,Texas Commercial Consultant/Appraiser 1989-1994 Rhodes Appraisal Service, Inc. Amarillo, Texas Commercial Consultant/Appraiser Over the past ten years,Mr. Littlefield has acted as a real estate broker or appraiser on a wide variety of properties throughout Arizona, Alabama, Arkansas, California, Colorado, Ohio, District of Columbia, Georgia, Florida, Indiana, Illinois, Texas, Maine, Maryland, Michigan, Missouri, Mississippi, Nebraska, Nevada, Washington, Oregon, North Carolina, North Carolina, South Carolina, Tennessee, South Dakota, North Dakota, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania, Nevada, New Mexico, New York, Utah, Virginia and Wisconsin. You may wish to laminate the pocket identification card to preserve it. The person named on the reverse is licensed by the Texas Appraiser Licensing and Certification Board. Inquiry as to the status of this license may be made to Texas Appraiser Licensing and Certification Board P.O. Box 12188 Austin,Tx 7871 1-21 88 www.talcb.texas.gov HAYDEN DEE LITTLEFIELD Fax:(512)936-3899 875 HARBOR COURT SOUTHLAKE, TX 76092 • Texa;iapproioer licensing anb Certification Aloarb P.O.Box 12188 Austin,Texas 78711-2188 Certified General Real Estate Appraiser Number#:TX 1324546 G Issued: 12/28/2012 Expires: 12/31/2014 Appraiser. HAYDEN DEE LITTLEFIELD + Ha+iny provided salisrattery evidence of the qualifications required by i' t , the Texas Apprzrser Licensing and Certification Ad,Texas Occupations ,,",w »,r`." ";.+r_ '"' Code Chapter 1103.is authorized to use this title,Certified General . � Real Estate Appraiser (,Douglas E.Cldmixon Commissioner Gexa5 appraifier 3LicenOing anb Certification TSoarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1324546 G Issued: 12/28/2012 Expires: 12/31/2014 Appraiser: HAYDEN DEE LITTLEFIELD Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act, Texas Occupations Code, Chapter 1103, is authorized to use this title, Certified General Real Estate uglas E.Old ixon Appraiser. Commissioner QUALIFICATIONS OF JULIUS M. BLATT, MAI, MRICS Managing Director CBRE, Inc. 2100 McKinney Avenue, Suite 700 Dallas, Texas 75201 Tel (214) 979-5672 Fax (214) 979-6395 EDUCATIONAL University of Georgia, (MBA - Real Estate), 1980 State University of New York at Buffalo (BS - Business Administration/Marketing) 1978 LICENSE/CERTI FICATION Certified Real Estate Appraiser: State of Texas (No. TX-1320703-G) Certified Real Estate Appraiser: State of Louisiana (No. G-3808) Certified Real Estate Appraiser: State of Oklahoma (No. G-13040CGA) PROFESSIONAL APPRAISAL INSTITUTE Member (MAI), Certificate No. 8416 Continuing Education Through December 31, 2018 Board of Directors-North Texas Chapter 201 1-2013 OTHER AFFILIATIONS Member-Royal Institute of Chartered Surveyors Former Member Dallas Landmark Commission (1992-1994) Guest Lecturer- University of Texas at Arlington Associate Member- North Texas Association of Government Guaranteed Lenders ARTICLES "Appraising the Multiplex Movie Theater,"The Appraisal Journal (October, 1988) Reprinted by Urban Land Institute InfoPacket No. 316-Cinemas and Movie Complexes (December, 1996) "Where?: Location Analysis for Movie Theaters," 1989 Encyclopedia of Exhibition, National Association of Theater Owners. EMPLOYMENT EXPERIENCE Over Thirty years of Real Estate Appraisal and Consulting experience throughout the United States. 1995-Present CBRE Valuation and Advisory Services, Dallas, Texas Managing Director 1989-1995 Kosowsky Blatt and Associates, Inc., Dallas,Texas Founding Principal, Real Estate Appraiser 1985-1989 Chase Manhattan Bank, NA/Chase National Corporate Services, Dallas, Texas Second Vice President 1983-1985 BATUS Retail Group, New York, New York Area Research Project Manager 1980-1983 Hammer, Siler, George Associates, Silver Spring, Maryland Associate You may wish to laminate the pocket identification card to preserve it. The person named on the reverse is licensed by the Texas Appraiser Licensing and Certification Board. Inquiry as to the status of this license may be made to: Texas Appraiser Licensing and Certification Board P.O. Box 12188 Austin,Tx 78711-2188 www.talcb.texas.gov (512)936-3001 JULIUS M BLATT Fax:(512)936-3899 2100 MCKINNEY AVE STE 700 DALLAS, TX 75201 trextui appraliIfer'Licenging anb Certification gioarb P.O.Box 12188 Austin,Texas 7871 1-21 88 Certified General Real Estate Appraiser Number*: TX 1320703 G Issued: 04/12/2013 Expires: 05/31/2015 Appraiser: JULIUS M BLATT Having provided satisfactory evidence at the quaincations required by f- /" " �.. the Texas Appraiser L oensieg and Certricabon Aq,Tentas O:supation! .. Code.Chapter 1103.is authorized to use this title.Certified General Real Estate Appraiser 'Douglas E.Diomixon Commissioner A Zexa5 appraiser ILicen5ing anb Certification TfAoarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1320703 G Issued: 04/12/2013 Expires: 05/31/2015 Appraiser: JULIUS M BLATT Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act, Texas Occupations Code, r ' Chapter 1103, is authorized to use this title, Certified General Real Estate uglas E. Old ixon Appraiser. Commissioner f __ rt Wylie City Council AGENDA REPORT pNt��yy gpfibgY Z0. Meeting Date: October 14, 2014 Item Number: 2 (City Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: October 3, 2014. Budgeted Amount: Exhibits: Impact Fee Report Subject Hold a public hearing to discuss and review updates to the Capital Improvements Plan and Thoroughfare Impact Fees assessed by the City of Wylie. Recommendation N/A Discussion On September 9, 2014, Council approved Ordinance No. 2014-29 setting a date, ordering a public hearing to discuss and review updates to the Thoroughfare Capital Improvements Plan, and Thoroughfare Impact Fees. Chapter 395 of the Texas Local Government Code outlines the process and procedures for approving and updating impact fees. The Capital Improvements Plan identifies the projects necessary to serve the projected population over the next ten years and is based on the recently approved Thoroughfare Plan. The Impact Fee Advisory Committee met on August 5th 19tn and September 2nd to discuss the Capital. Improvements Plan, Land Use Assumptions and Thoroughfare Impact Fees. The committee provided written comments (attached) and recommended $300.00 per service unit in the West Service Area and the East Service Area. The committee did not have any comments on the Land Use Assumptions or the Capital Improvements Plan. (Rev 01/2014) Page 1 of I CITY OF WYLIE MEMORANDUM TO: COUNCIL FROM: IMPACT FEE ADVISORY CO,IIMI`1TFF. SUBJECT: ROADWAY IMPACT FEE COMMENTS DATE: 9/16/2014 CC: 111,E The Impact Fee Advisor Committee met with City staff on Tuesday, August 5, 2014; Tuesday, ;August 19, 2014; and Tuesday, September 2, 2014 to e\aluate and give comments on the proposed impact fees and related relevant information. The II AC recommends that the cost per service unit for the Western Service Area and the Eastern Service Area be 53(0.00. There were no comments on Land Use Assumptions, and Capital Improvements Plan. SL01 . Ron Smith, Chairman . , R J 2 Prepared For . x 4, i i �o 0,0,4VV406,41 C t Prepared By ds -........ w 4. xx + BIRKHO KS & FF E IC CARTE ELT. pr••*xxf.xrws+wa.xx..r to 11910 GREENVILLE AVE., SUITE 600 r JOE RICMARD GARTER 4 fix' � DALLAS, TEXAS 752437 "'J^ x.xxx.x wxsx:xx.w x..xxxxxxxx.xwxxx .x And I — *7-1:7;20 fie.' i /1/4-,<K,,,,, .... .....,,,,,,...., LEE ENGINEERING 3030 LBO FREE A Y, #1660 ,...•4►'►`'l ► ' DALLAS, TEXAS 7 234 4...'":11:tt...9.,F�"', 44'11 Texas Firm F-450 Or Atote. illifr.A. 41'. t:*a i 41 :::........................... . fi K LL `D.PARMA ISO.............it...a...a..#.... :: October 2014 ,6 CITY OF WYLIE THOROUGHFARE CAPITAL IMPROVEMENT PLAN ROADWAY IMPACT FEES The first step in the development impact fee process is the development of a 10-year Capital Improvement Plan (CIP). This capital improvement plan includes projects intended for construction by the City of Wylie in the next 10 years to serve existing and future development. Existing Facilities The City of Wylie arterial and major collector street system is partially developed at this time. Several roadways in developed areas are partially built to current thoroughfare plan standards. Many existing streets are two-lane (20' - 40' width) asphalt roadways with open surface drainage. The existing major arterial roadways within the City include State Highway 78 (SH 78), FM 544, FM 1378, Ballard Avenue, Brown. Street, and Stone Road. Several of the arterial roadways including SH 78 and FM 544 are under the operation and maintenance jurisdiction of the Texas Department of Transportation (TxDOT). Proposed Facilities The City of Wylie adopted a revised Comprehensive Plan in 2012 and an updated thoroughfare plan in 2014 that is the basis for development of the future street system. The thoroughfare system is a conventional network conforming to a hierarchical, functional classification system developed to support the forecast traffic demands of future land use. The highest classification of roadway is the Principal Thoroughfare type facility. These roadways are generally multiple lanes (4 or 6) with medians that serve the function of controlling access, separating opposing traffic movements and providing an area for the storage of left turning vehicles. The lower classifications are the collector facilities that are developed to serve the adjoining development. The character of the developments served should determine the sizes and alignments of collector roadways. City of Wylie—2014 Roadway Impact Fee Update Page 1 Capital Improvement Plan for Roadway Impact Fees The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are tabulated in Table IA and graphically illustrated in Figure 1. Each listed project includes a description of the planned improvements, the approximate project length, and an engineer's opinion of probable cost to the City. In addition, under existing State Statute, a municipalities' cost associated with TxDOT facilities can be financed with impact fees. All roadways included in the 2014 CIP are identified in the City of Wylie Thoroughfare Plan. Recoupment costs for projects completed as part of the previous CIP are shown in Table 1B and are also illustrated in Figure 1. The engineer's opinions of probable construction cost were prepared without the benefit of a detailed preliminary engineering study for each project. The costs are based on data provided by the City of Wylie and on roadway project construction bids. Financing costs for the projects in the thoroughfare CIP were also included in the total estimated cost and the interest rate of 5% was provided by the City of Wylie. City of Wylie—2014 Roadway Impact Fee Update Page 2 Table 1A-Thoroughfare Capital Improvement Plan City of Wylie 2014 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH TOTAL COST COST OF TOTAL PROJECT ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) W/O INTEREST INTEREST COST FM 1378 _ W2A N.of Lakeway _ S.of N.Parker Rd. 2 lanes Build a 6-lane divided section 1,150 $ 3,492,000.00 $ 1,833,300.00 $ 5,325,300.00 Woodbridge Pkwy. W5A FM 544 Hooper Rd 4 lanes Build a 6-lane divided section 5,500 $ 2,061,000.00 $ 1,082,025.00 $ 3,143,025.00 McMillen Road W6 McCreary Rd _ FM 1378 4 lanes _ Build a 6-lane divided section 8,400 $ 9,454,000.00 $ 4,963,350.00 $ 14,417,350.00 Hensley Lane(East) W9 Hooper Rd McCreary Rd --- Build a 2-lane undivided section 5,100 $ 3,379,000.00 $ 1,773,975.00 $ 5,152,975.00 Woodbridge Pkwy. _ W10 Hooper Rd _ South City Limit --- Build 4-lanes of future 6-lanes 1,050 $ 875,800.00 $ 459,795.00 $ 1,335,595.00 Park Boulevard W11 FM 1378 Westgate Way 2 lanes Build 4-lanes of future 6-lanes 4,850 $ 4,925,000.00 $ 2,585,625.00 $ 7,510,625.00 Park Boulevard W12 City Limit Skyview --- Build 4-lanes of future 6-lanes 1,550 $ 1,053,550.00 $ 553,114.00 $ 1,606,664.00 Park Boulevard W13 Skyview City Limit 2 lanes Build 4-lanes of future 6-lanes 1,300 $ 1,688,750.00 $ 886,594.00 $ 2,575,344.00 Sanden Boulevard _ W14 FM 544 SH 78 2 lanes Build a 4-lane divided section 3,700 $ 2,770,500.00 $ 1,454,513.00 $ 4,225,013.00 Ann Drive W15 Kamber Lane Franklin Lane --- Build a 2-lane undivided section 800 $ 608,700.00 $ 319,568.00 $ 928,268.00 Jackson Avenue W16 Brown Street Parker Road --- Build a 2-lane undivided section 850 $ 640,100.00 $ 336,053.00 $ 976,153.00 Birmingham Street W17 Marble Street Brown Street --- Build a 2-lane undivided section 750 $ 580,400.00 $ 304,710.00 $ 885,110.00 N.Ballard Avenue W18 SH 78 Brown Street 2 lanes Study to Improve Capacity 1,750 $ 50,000.00 $ 26,250.00 $ 76,250.00 Forrest Ross Road W19 Railroad Tracks Park Boulevard 2 lanes Build a 4-lane divided section 2,650 $ 1,675,650.00 $ 879,716.00 $ 2,555,366.00 Sub Total $ 33,254,450.00 $ 17,458,588.00 $ 50,713,038.00 Alanis Drive El SH 78 S Ballard 3 lanes Build a 4-lane undivided section 6,100 $ 3,507,200.00 $ 1,841,280.00 $ 5,348,480.00 South Ballard Ave. _ E7 Alanis Drive County Line 2 lanes Build a 4-lane divided section 6,200 $ 6,667,500.00 $ 3,500,437.50 $ 10,167,937.50 Pleasant Valley Rd. E7A S.Ballard Avenue South City Limit 2 lanes Realign&Build 4-lane divided 7,850 $ 8,342,300.00 $ 4,379,707.50 $ 12,722,007.50 FM 544 E8 JW Akin Lane _ Vinson Road 2 lanes Build a 4-lane divided section 13,500 $ 13,960,600.00 $ 7,329,315.00 $ 21,289,915.00 Alanis Drive El1 City Limit Troy Road --- Build a 4-lane divided section 1,200 $ 1,396,100.00 $ 732,952.50 $ 2,129,052.50 Stone Road E12 FM 544 East City Limit 2 lanes Build a 4-lane divided section 9,400 $ 9,524,600.00 $ 5,000,415.00 $ 14,525,015.00_ Sachse Road: E13 County Line South City Limit 2 lanes Build a 4-lane divided section 1 2,600; $ 4,400,000,00 $ 2,310,000.00 $ 6,710,000.00 County Line Road _ E14 FM 544 Troy Road 2 lanes Build a 4-lane divided section 5,000 $ 5,002,900.00 $ 2,626,522.50 $ 7,629,422.50 Kreymer Lane E15 SH 78 City Limit 2 lanes Build a 4-lane divided section 5,050 $ 5,046,200.00 $ 2,649,255.00 $ 7,695,455.00 Troy Road _ E16 City Limit _ East Fork 2 lanes Realign&Build 4-lane divided 3,750 $ 3,783,900.00 $ 1,986,547.50 $ 5,770,447.50 Troy Road E17 City Limit County Line Road 2 lanes Build a 4-lane divided section 2,700 $ 2,724,900.00 $ 1,430,572.50 $ 4,155,472.50 Wylie E Drive E18 SH 78 School Driveway 2 lanes Build a 4-lane divided section _ 1,500 $ 1,574,400.00 $ 826,560.00 $ 2,400,960.00 Creek Crossing Dr. El9 Sachse Road City Limit --- Build a 2-lane undivided section 2,300 $ 1,535,600.00 $ 806,190.00 $ 2,341,790.00 Collins Boulevard E20 Current End _ East Fork --- Build a 2-lane undivided section 5,300 $ 3,449,200.00 $ 1,810,830.00 $ 5,260,030.00 Forrest Ross Road E21 SH 78 Park Boulevard 2 lanes Build a 4-lane divided section 3,600 $ 2,686,350.00 $ 1,410,333.75 $ 4,096,683.75 Park Boulevard E22 City Limit Spring Creek Pkwy. --- Build 4-lanes of future 6-lanes 2,700 $ 1,835,300.00 $ 963,533,00 $ 2,798,833.00 Park Boulevard E23 Spring Creek Pkwy. Centennial 2 lanes Build 4-lanes of future 6-lanes 850 $ 577,800.00 $ 303,345.00 $ 881,145.00 Park Boulevard E24 Centennial SH 78 4 lanes Build a 6-lane divided section 1,200 $ 815,950.00 $ 428,374.00 $ 1,244,324.00 Park Boulevard E24A Bridge Railroad Bridge 1,000 $ 5,732,150.00 $ 3,009,379.00 $ 8,741,529.00 Sub Total $ 82,562,950.00 $ 43,345,549.75 $ 125,908,499.75 CIP PROJECT TOTALS: $ 115,817,400.00 $ 60,804,137.75 $ 176,621,537.75 Costs based on 50%of EOPCC by Halff Associates Paving&Drainage prorated for length out of 13,600"total Based on 50%of Dallas County Opinion of Cost(No Breakdown) City of Wylie-2014 Roadway Impact Fee Update Page 3 Table 1B- Recoupment Projects Completed with Previous CIP City of Wylie 2014 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH TOTAL COST COST OF TOTAL PROJECT ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) W/O INTEREST INTEREST COST FM 1378 W1 FM 544 W Brown St 2 lanes Built a 6-lane divided section 3,500 $ 1,032,000.00 $ 541,800.00 $ 1,573,800.00 FM 1378 W2 W Brown St _ 800'north of Lakeway 2 lanes Built a 6-lane divided section 11,800 $ 10,683,815.00 $ 5,609,003.00 $ 16,292,818.00 W Brown Street W3 FM 1378 Ballard Ave 2 lanes Built a 4-lane divided section 9,500 $ 9,827,184.00 $ 5,159,272.00 $ 14,986,456.00 Hensley Lane(East) W4 Hensley _ Hooper --- Built a 2-lane undivided section 3,100 $ 445,000.00 $ 233,625.00 $ 678,625.00 Country Club Road W5 FM 544 South City Limit --- Built 4-lanes of future 6-lanes 5,500 $ 4,784,003.00 $ 2,511,602.00 $ 7,295,605.00 McCreary Road W7 FM 544 South City Limit --- Built a 4-lane divided section 3,350 $ 1,420,000.00 $ 745,500.00 $ 2,165,500.00 Springwell Pkwy W8 FM 544 700'south of Capital --- Built a 2-lane undivided section 2,600 $ 1,220,000.00 $ 640,500.00 $ 1,860,500.00 Sub Total $ 29,412,002.00, $ 15,441,302.00 $ 44,853,304.00 Alanis Drive El SH 78 S Ballard 2 lanes Built 3-lanes of 4-lane section 6,100 $ 4,464,331.00 $ 2,343,774.00 $ 6,808,105.00 Alanis Drive E2 Twin Lakes FM 544 3 lanes Built a 4-lane divided section 2,700 $ 1,327,800.00 $ 697,095.00 $ 2,024,895.00 Kirby Street E3 SH 78 Birmingham 4 lanes Built a 4-lane divided section 1,400 $ 1,115,600.00 $ 585,690.00 $ 1,701,290.00 Stone Road E4 Birmingham S Ballard 2 lanes Built a 4-lane divided section 8,300 $ 999,000.00 $ 524,475.00 $ 1,523,475.00 Stone Road E5 Ballard Akin 2 lanes Built a 5-lane divided section 2,800 $ 3,530,000.00 $ 1,853,250.00 $ 5,383,250.00 S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Built a 4-lane divided section 3,600 $ 4,955,000.00 $ 2,601,375.00 $ 7,556,375.00 East Brown Street E9 SH 78 Stone 2 lanes Built a 4-lane divided section 11,100 $ 9,253,000.00 $ 4,857,825.00 $ 14,110,825.00 SH 78 E10 Eubanks Spring Creek Pkwy 2 lanes Built 6-lane divided highway section 3,200 $ 4,829,000.00 $ 2,535,225.00 $ 7,364,225.00 Sub Total $ 30,473,731.00 $ 15,998,709.00 $ 46,472,440.00 RECOUPMENT PROJECT TOTALS: $ 59,885,733.00 $ 31,440,011.00 $ 91,325,744.00 City of Wylie-2014 Roadway Impact Fee Update Page 4 Parker Road `� NI) Q Parker• Road PARKER ° C 3 IL ST PAUL _j ti Y s k ro - . .... _ ., ,1„4.Allkiii j it r 8 eL1 ve " ° . 3 l� //1q �..Sk rew Drive .�^ ... " ... ... .... ........ _. rr d^tW s13 l::f..p "TEMY C1kRf2V asp" ., T� m s� . . .. r a;3s i t.w: Park Boulevard `, r '� 'r:,"` �McMrllen Road .,... s a y '..r � rri'rrlkr ' l W12 i� � r } Pack Boulevard ., M tl! ,� r }y»tir@„r, �t - a �� G. a 3 r ot W ---- tit.tii4t;:Ca' C\ii tii:c . rie, M �+ r_._ H 78 CuW a ':✓ V _ 10 Cu u Brown Street '""y _ { 1 . V W ii + ., Browu Street ic 1 AAA''''' - _ r, -- ;. ..r kA ?: ;' l k! MaHliC"£i '. E 9 i Brown Street "Bennett Road' Lijiii-iiiiitiiit E9 d Lateteldbn e I r .. d FM 544 1 aF Cll YrY 1,� a� ;,,. �Q` ,o t KK',, FM"544 I' ; E 'P'M..S `." A OALLAS S and Ra2d m t Si i �" E1� ° Stone Road E1� .�- rrri }s vu:a.;�r,ys Tt�t e r rTrs rr z.<. v °r'. ''Zr c4r `C/ E5 E8 c 4J9 3 L W4 Hensley Lane aiir -,r :. .:J � Ll }} �, 3 o��i( .F ...... C j o .. tr rid r m rr O s ' E 1 Alanis Drive Cu S o �V o o-0r r+ >� ' ;..� '.r,.,rv.,... a c . it�t �,' _ , b rr E1 E2 6 E1 0` 8 �f 1H�' -J.c f. a 2. `, 4i'. Alanis Urive r • LA Wl� Fork z . ......„, r r'� 5 �..= .. . . . Elm Dnve ; ... _ ....... „.„ ..„ Y 0, - " , „ „ ,.. ,. ..,.:;„ fr, �s F V 1 ;,, -, �b,Y AJ 7 ---... �� Cra sv#b Z.,trte -- �rog�4°, / A�"oasd� d 2 LEGEND Gt,,"� `" C/ �� P ® Recoupment Project o ' r; iN a aNTv ap Wl� rn L M Build Roadway to 6 Lanes Nis.I t,S fFIUNTY _,...,....... ___,...,... _...._,_ ^— r a ..,,_., ,. ......,., —,...,_,».,....,,.,. ��� moo°r." .� �4`�ra" Build Roadway to 4 Lanes l ' E 19 Sam ego Si alr _° fr,L "` Build Roadway to 2 Lanes ,e 8ACHSE r�,, rir y„op,. ��" ,,,, i „u. E Service Area Boundary r F tr....1 Proposed Bridge roS Q / ' ti �. �O,w' ° Project number r0 eC ��s l-r CITY CDF WYL1I= 4 J Pit. ,„ 0 2014 THC7FC7tJC3HFAR ��� ° GAPITAL 1MPF2C7t1FMNT FLAN r or DATE AUGUST 2014 IMPACT FEE CALCULATION I. INTRODUCTION The next step of the Development Impact Fee process is the determination of the maximum fee per service unit that can be charged by the City for new developments. The fee is calculated by dividing the costs of the capital improvements identified as necessary to serve growth forecast to occur during the 10-year planning period by the number of service units of growth forecast to occur. The specific steps, as described in following paragraphs of this section include: 1. Determination of a standard service unit; 2. Identification of service areas for the City; 3. Identification of that portion of the total capital improvements necessary to serve the projected growth over the next 10-year period; 4. Analysis of the total capacity, level of current usage, and commitment for usage of capacity of existing improvements; 5. Determination of the "standard service unit" and equivalency tables establishing the ratio of a service unit to the types of land use forecast for growth. II. SERVICE UNIT To deteiiiiine the impact fee rate applied to thoroughfare facilities the standard service unit selected was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by multiplying the number of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was chosen because it is usually considered the critical time for roadway analyses. The trip generation data were directly obtained or derived for each defined land use type from "Trip Generation Manual, 9th Edition" of the Institute of Transportation Engineers, which is the standard data reference to determine vehicle trip generation characteristics of particular land use types and densities. Trip length information for each land use specified was based on data developed for the Dallas-Fort Worth area by the North Central Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any land use, as this trip length was assumed to be the maximum average distance a trip would travel on roadways within each service area in the City of Wylie. Table 2 shows the typical service units for each land use type. City of Wylie—2014 Roadway Impact Fee Update Page 6 Table 2 - Service Unit Calculation by Land Use Type City of Wylie 2014 Roadway Impact Fee Study Update PM Peak Trips' Trip Length2 Variable Vehicle-Miles (vehicles) (miles) Residential Dwelling Unit 1.00 3.0 3.00 Office 1,000 ft2 1.49 3.0 4.47 Commercial/ Retail 1,000 ft2 3.71 2.4 8.90 Industrial 1,000 ft2 0.97 3.0 2.91 Public and Institutional 1,000 ft2 1.01 2.1 2.12 Parks and Recreational Acre 13.01 2.1 27.32 ' Based on ITE Trip Generation Manual, 9th Edition 2 Based on NCTCOG data City of Wylie—2014 Roadway Impact Fee Update Page 7 SERVICE AREAS The State Statute governing the imposition of development impact fees require that collection and expenditure of fees imposed for street facilities "...is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles." To comply with this State Law, two service areas (West and East) were established for the City of Wylie to ensure that funds are spent within six miles of where they are collected. The service areas include most of the developable land within the city limits of Wylie. Within Wylie, the growth and intensities of growth for the ultimate development of the City and that portion of the service area expected to occur during the 10-year period, 2014-2024, is forecast. The two service areas were shown in Figure 1. III. ASSUMPTIONS AND EVALUATION CRITERIA Determination of the eligible costs of capital improvements to serve the forecast growth over the 10-year period from 2014. to 2024 was based on data provided by the City of Wylie. The basic criteria and assumptions made for this study include the following: 1. Costs of existing facilities constructed to serve new development have been included, and City of Wylie staff identified projects of this type. 2. Bond interest costs are included. 3. Street facility improvements, although necessary for additional capacity by new growth, will logically serve all existing and future growth by improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio of the 10-year growth to the total number of service units determined for the build-out. Table 3 shows the portion of ultimate build-out service units that will be attributable to growth within the next 10 years and is used to pro-rate the identified costs in the service area. In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year Capital Improvement Plan will include the total cost of the street facilities, not reduced by any expected participation. Rather, construction by a developer of an arterial facility within or off-site should be treated as a credit to the impact fee assessment. City of Wylie—2014 Roadway Impact Fee Update Page 8 Table 3 - Summary of Vehicle-Mileage Distribution by Development Period City of Wylie 2014 Roadway Impact Fee Study Update Existing 2014 - 2024 Year 2024 - Ultimate Vehicle- Portion of Vehicle-Miles Portion of Vehicle-Miles Portion of Ultimate Service Miles Ultimate Added Ultimate Added Ultimate Vehicle- Area 2014 Vehicle-Miles 2014-2024 Vehicle-Miles 2024-Ultimate Vehicle-Miles Miles W 58,711 0.904 4,255 0.066 1,953 0.030 64,919 E 33,470 0.789 7,040 0.166 1,922 0.045 42,432 Total 92,181 11,295 3,875 107,351 City of Wylie—2014 Roadway Impact Fee Update Page 9 ELIGIBLE COSTS Table 4 presents a summary of the roadway capital improvement costs for the two service areas. The 10-year portion of the total costs was calculated using the data from Table 3. Costs of each of the individual street projects were accumulated, or apportioned, for the service area in which they were located. Boundaries of the service areas were located to be coincident with natural barriers, the center of existing or proposed street facilities included in the capital improvements plan or along city limit lines. Costs of these projects included only those costs that will be paid for by the City of Wylie. IV. DETERMINATION OF STANDARD SERVICE UNIT AND EQUIVALENCY The determination of growth of service units and resulting impact fee rates were then made. Table 5 presents the derivation of service unit equivalents for each of the six defined land use types. The service unit equivalents are referenced to and based on the residential land use. Table 6 presents a summary of the calculations and resulting eligible costs per service unit. Under current State law, municipalities are required to administer a detailed financial analysis to support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible costs. The total eligible costs per service unit are shown in Table 6. The City will use either a detailed financial analysis to adjust for tax credits or will use 50 percent of these eligible costs. V. IMPACT FEE CALCULATION METHODOLOGY The methodology for calculating the maximum allowable impact fee for roadway facilities can be summarized in the following three steps. First, determine the cost of the roadway facilities (existing roadways eligible for recuperation of construction cost and proposed roadways) that can be attributed to new growth over the 10-year period. This calculation for Service Areas W and E are summarized on pages 14 and 15. City of Wylie—2014 Roadway Impact Fee Update Page 10 Table 4 - Summary of Capital Improvement Cost by Service Area City of Wylie 2014 Roadway Impact Fee Study Update Portion of Capacity of Cost of Thoroughfare Service Area Zone Cost of Thoroughfare Attributed Attributed to Growth Thoroughfare to Growth(2014-2024) (2014-2024) W $95,566,342.00 0.066 $6,307,378.57 E $172,380,939.75 0.166 $28,615,236.00 Totals $267,947,281.75 $34,922,614.57 City of Wylie—2014 Roadway Impact Fee Update Page 11 Table 5 - Thoroughfare Land Use Equivalency City of Wylie 2014 Roadway Impact Fee Study Update Development Veh-Miles/Development Unit SU Equivalency Land Use Unit (1) (2) Residential Dwelling Unit 3.00 1.00 Office 1,000 ft2 4.47 1.49 Commercial/Retail 1,000 ft2 8.90 2.97 Industrial 1,000 ft2 2.91 0.97 Public and Insitutional 1,000 ft2 2.12 0.71 Parks and Recreational 1,000 ft2 27.32 9.11 Notes: (1) Based on data from the lTE Trip Generation Manual and NCTCOG (2) Ratio of each land use to service unit of Residential City of Wylie—2014 Roadway Impact Fee Update Page 12 Table 6 - Impact Fee Calculation for Thoroughfare by Service Area City of Wylie 2014 Roadway Impact Fee Study Update Cost of Thoroughfare Number of New Cost Per Service Area Attributed to Growth Service Units Cost Per Service Unit Service Unit (2014-2024) (2014-2024) (Rounded) W $6,307,378.57 4,255 $1,482.35 $1,482 E $28,615,236.00 7,040 $4,064.66 $4,064 Totals $34,922,614.57 11,295 City of Wylie—2014 Roadway Impact Fee Update Page 13 Calculation for Service Area W Cost of Roadway Facilities (Tables 1 A and 1 B - Service Area W) = $95,566,342.00 Proportion of Capacity Attributable to New Growth (Table 3 - Service Area W) = 0.066 Cost of Roadway Facilities Attributable to Growth (201.4-2024 - Service Area W): $95,566,342.00 x 0.066 = $6,307,378.57 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2014-2024) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area W is: Maximum Roadway Impact Fee = Eligible Thoroughfare Cost Attributed to Growth (Table 4) Total. Growth in Equivalent Service Units (Table 3) = $6,307,378.57 4,255 ESU = $1,482.35 /ESU= $1,482 /ESU (Rounded Service Area W) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the maximum calculated fee the amount would be $1,482 x 50% = $741.00. Calculation for Service Area E Cost of Roadway Facilities (Tables IA and 1B - Service Area E) _ $172,380,939.75 Proportion of Capacity Attributable to New Growth (Table 3 - Service Area E) = 0.166 Cost of Roadway Facilities Attributable to Growth(2014-2024 - Service Area E): $172,380,939.75 x 0.166 = $28,615,236.00 City of Wylie—2014 Roadway Impact Fee Update Page 14 The second step is to determine the maximum calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2014-2024) divided by the total growth in equivalent service units (ESU). The maximum calculated impact fee for Service Area E is: Maximum Roadway Impact Fee = Eligible Thoroughfare Cost Attributed to Growth (Table 4) Total Growth in Equivalent Service Units (Table 3) = $28,615,236.00 7,040 ESU = $4,064.66 /ESU= $4,064 /ESU (Rounded Service Area E) This amount represents the maximum calculated impact fee for roadway facilities. For the final step, the current impact fee legislation requires the City to produce a financial analysis to support a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the maximum calculated fee the amount would be $4,064 x 50% = $2,032.00. Impact Fee Calculation Example The land use equivalency table is provided in. Table 7. This table identifies the total service units generated by specific uses within each land use category. To obtain the impact fee to be charged for a particular land use, the impact fee per service unit adopted by the City and the service units per development unit generated for that particular land use from. Table 7 are used. Examples for calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center (commercial / retail facility) assuming impact fees of$741.00 per service unit (Service Area W) and $2,032.00 per service unit (Service Area E) are shown on page 17. City of Wylie—2014 Roadway Impact Fee Update Page 15 Table 7-Land Use Equivalency City of Wylie 2014 Roadway Impact Fee Study Update DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE MAX ALLOWABLE IMPACT FEE/ CATEGORY LAND USE DEVELOPMENT UNIT' UNITS RATE2 LENGTH' TRAFFIC4 UNITS' Service Area W Service Area E RESIDENTIAL Single-Family Detached Dwelling Unit 1.00 3.0 0 3.00 $2,223.00 $6,096.00 Apartment/Multi-Family Dwelling Unit 0.62 3.0 0 1.86 $1,378.26 $3,779.52 Condominium/Townhouse Dwelling Unit 0.52 3.0 0 1.56 $1,155.96 $3,169.92 Mobile Home Dwelling Unit 0.59 3.0 0 1.77 $1,311.57 $3,596.64 OFFICE Office Building 1,000 ft2 GFA 1.49 3.0 0 4.47 $3,312.27 $9,083.04 Medical Office 1,000 ft2 GFA 3.57 3.0 0 10.71 $7,936.11 $21,762.72 COMMERCIAL Automobile Care Center 1,000 ft2 GFA 3.11 2.5 0.3 5.44 $4,031.04 $11,054.08 Building Materials/Lumber 1,000 ft2 GFA 4.49 2.0 0.2 7.18 $5,320.38 $14,589.76 Convenience Stores/Gas Pumps 1,000 ft2 GFA 50.92 0.4 0.63 7.54 $5,587.14 $15,321.28 Drive-In Bank 1,000 ft2 GFA 24.3 1.7 0.47 21.89 $16,220.49 $44,480.48 Fast Food Restaurant 1,000 ft2 GFA 32.65 2.0 0.5 32.65 $24,193.65 $66,344.80 Free-Standing Discount Store 1,000 ft2 GFA 4.98 2.5 0.17 10.33 $7,654.53 $20,990.56 Garden Center/Nursery 1,000 ft2 GFA 6.94 2.5 0.2 13.88 $10,285.08 $28,204.16 Golf Course Acres 0.3 2.5 0 0.75 $555.75 $1,524.00 Hardware/Paint Store 1,000 ft2 GFA 4.84 2.5 0.26 8.95 $6,631.95 $18,186.40 Home Improvement Store 1,000 ft2 GFA 2.33 3.0 0.48 3.63 $2,689.83 $7,376.16 Hotel Rooms 0.6 3.0 0 1.80 $1,333.80 $3,657.60 Pharmacy/Drugstore 1,000 ft2 GFA 9.91 2.5 0.49 12.64 $9,366.24 $25,684.48 Self-Service Car Wash Stalls 5.54 2.0 0.6 4.43 $3,282.63 $9,001.76 Service Station Pumps 13.87 0.5 0.42 4.02 $2,978.82 $8,168.64 Sit-Down Restaurant 1,000 ft2 GFA 9.85 2.4 0.43 13.47 $9,981.27 $27,371.04 Shopping Center 1,000 ft2 GFA 3.71 3.0 0.34 7.35 $5,446.35 $14,935.20 Supermarket 1,000 ft2 GFA 9.48 2.5 0.36 15.17 $11,240.97 $30,825.44 INDUSTRIAL Industrial 1,000 ft2 GFA 0.97 3.0 0 2.91 $2,156.31 $5,913.12 Mini-Warehouse 1,000 ft2 GFA 0.26 3.0 0 0.78 $577.98 $1,584.96 Warehouse 1,000 ft2 GFA 0.32 3.0 0 0.96 $711.36 $1,950.72 INSTITUTIONAL School Students 0.15 2.1 0 0.32 $237.12 $650.24 Day Care Center Students 0.81 2.7 0.9 0.22 $163.02 $447.04 Nursing Home 1,000 ft2 GFA 0.74 2.5 0 1.85 $1,370.85 $3,759.20 House of Worship 1,000 ft2 GFA 0.55 2.1 0 1.16 $859.56 $2,357.12 GFA=Gross Floor Area 2(Vehicles);Based on 1TE Trip Generation Manual,9th Edition 2(Miles);Based on NCTCOG Data a Percentage of traffic already passing by site-land use is an intermediate destination 5(Vehicle-Miles) 6 Based on 50%of maximum calculated impact fee for each service area The land uses and trip generation characteristics listed in this chart are intended as examples.The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers Trip Generation Manual,Ninth Edition,which is incorporated herein by reference. City of Wylie-2014 Roadway Impact Fee Update Page 16 Service Area W—Example Calculations SINGLE-FAMILY DWELLING (Service Area W) • Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit) = 3.00 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $741.00 / Service Unit: (3.00 Vehicle-Miles) x ($741.00/Vehicle-Miles) = $ 2,223.00 50,000 ft2 SHOPPING CENTER(Service Area W) • Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2) x (7.35 Vehicle-Miles / 1,000 ft2) = 367.50 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee= $741.00/ Service Unit: (367.50 Vehicle-Miles) x ($741.00/Vehicle-Miles) = $ 272,317.50 Service Area E—Example Calculations SINGLE-FAMILY DWELLING (Service Area E) •Vehicle-Miles per Development Unit for Single-Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit) =3.00 Vehicle-Miles • Assume 50 percent of the Maximum Calculated Roadway Impact Fee = $2,032.00/Service Unit: (3.00 Vehicle-Miles) x ($2,032.00 /Vehicle-Miles) = $ 6,096.00 50,000 ft2 SHOPPING CENTER(Service Area E) •Vehicle-Miles per Development Unit for Shopping Center (50,000 ft2) x (7.35 Vehicle-Miles / 1,000 ft2)= 367.50 Vehicle-Miles •Assume 50 percent of the Maximum Calculated Roadway Impact Fee =$2,032.00/Service Unit: (367.50 Vehicle-Miles) x ($2,032.00 /Vehicle-Miles) = $ 746,760.00 City of Wylie—2014 Roadway Impact Fee Update Page 17 Thoroughfare Impact Fees Comparative Analysis August 7,2014 Wylie Current 8/7/14 50%Max Fee 1EAC R oOmmendatlbrb Frisco-5/20/14 McKinney-11/20/13 Rockwall Allen Garland Sachse Rowlett Murphy West East West East W4Bt East Low High Low High 2012 4/13/2014 Low High 4/1/2014 $ 434.82 $ 718.50 $ 741 $ 2,032 $ 300 $ 300 $ 655 $ 1,461 $ 256 Single Family $ 1,318 $ 2,177 $ 2,223 $ 6,096 $ 900 $ 900 $ 2,358 $ 5,260 $ 688 $ 3,500 $ 815 $ 650 $ 180 $ 1,995 $ 2,450 $ 3,490 n/a 10,000 sq.ft.Office $ 19,436 $ 32,117 $ 33,123 $ 90,830 $ 13,410 $ 1,341 $ 31,990 $ 71,360 $ 10,230 $ 32,700 $ 13,005 $ 7,500 $ 2,816 $ 31,290 $ 27,059 $ 10,400 65,000 sq.ft.Grocery $ 267,088 $ 441,339 $ 730,663 $ 2,003,654 $ 295,815 $295,815 $ 498,290 $ 1,111,435 $ 13,891 $ 55,900 $ 35,400 $ 97,500 $ 14,742 $ 163,800 $ 529,342 $ 490,880 5,000 sq.ft.Bank w/drive-thru $ 84,529 $ 139,676 $ 81,102 $ 222,402 $ 32,835 $ 32,835 $ 58,675 $ 130,880 $ 24,294 $ 120,405 $ 11,731 $ 10,500 $ 5,264 $ 58,485 $ 88,215 $ 34,480 10,000 sq.ft.Medical/Dental $ 45,134 $ 74,580 $ 79,361 $ 217,627 $ 32,130 $ 32130; $ 76,830 $ 171,380 $ 29,373 $ 95,202 $ 24,742 $ 7,500 $ 5,109 $ 56,770 $ 62,777 $ 27,332 3,000 sq.ft.Fast Food $ 51,109 $ 84,452 $ 72,581 $ 199,034 $ 29,385 $ 29,385 $ 46,098 $ 102,822 $ 25,743 $ 91,841 $ 7,917 $ 4,500 $ 3,166 $ 35,175 $ 36,172 $ 42,518 5,000 sq.ft.Restaurant $ 45,591 $ 75,335 $ 49,906 $ 136,855 $ 20,205 $ 20,205 $ 44,049 $ 98,252 $ 8,842 $ 31,543 $ 6,136 $ 7,500 $ 1,314 $ 14,595 $ 9,517 $ 10,651 50,000 sqft.Light Ind. $ 63,919 $ 105,620 $ 107,816 $ 295,656 $ 43,650 $ 43650; $ 95,500 $ 213,000 $ 33,500 $ 61,650 $ 25,468 $ 30,000 $ 3,339 $ 37100 $ 117,829 $ 33,850 200,000 sq.ft.Light Ind $ 255,674 $ 422,478 $ 431,262 $ 1,182,624 $ 174,600 $174'600 $ 382,000 $ 852,000 $ 134,000 $246,600 $ 101,872 $ 120,000 $ 13,356 $ 148:400 $ 471,314 $ 135,400 t,4 "f a; , , '4k10n 0,0 f A, '> ,4 , d, 5 un, ,,">4 N '> '> > > d#4 p p r pBy,,t 'wp' ',i, '& t t>,$ S,N, L ,N: a a ! 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Texas Local Government Code - Chapter 395 ,�;�i�.,��b��y��a7i�a7rja7r�;a7��,a7r�a7p�'7r�;a7��,a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r��';a7��,a7r�a7pAa7r e,a7��a7r�a7r��a7Y�;a7r�a7r�a7r dsv��r,w41'����.„N,„5 �� t a is�t a rrtlr��S�s.#�n�}r fa re I act Fees �sn i Approved in 2006 Updated in 2007 to add McCreary Road and Springwell Parkway Comprehensive Land Use Plan updated in 2012 Thoroughfare Plan update adopted in March Zola. • ;�i�.,v b•�y��a7i�a7rja7r�;a7�,a7r�a7p�'7r�;a7�,a7r�a7pAa7r�;a7r�a7r�a7pAa7r�;a7r�a7r�a7pAa7r�;a7r�a7r�a7pAa7r��';a7�,a7r�a(0:4,( e 7 7r�a7r �a7Y 7r�a7r�a7 r rrtlr��S�s.#�n�}r r ss „48, �sn Appoint Advisory Committee Land Use Assumptions and Capital Improvements Plan Public Hearing (LUA approved in 2o12) IFAC provide written comments Impact Fees Public Hearing Adopt/Approve Fees ,�;�i�.,��b��y��a7i�a7rja7r�;a7��,a7r�a7p�'7r�;a7��,a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r��';a7��,a7r�a7pAa7r e,a7��a7r�a7r��a7Y�;a7r�a7r�a7r dsv��r,w41'����.„N,„5 �� t a is" a rrtlr��S�s.#�n�}r �sn Advisory Committee Advise and assist with Land Use Assumptions Review Capital Improvements Plan Monitor and evaluate implementation File semiannual reports Advise on updates and revisions ,�;�i�.,v b��y��a7i�a7rja7r�;a7�,a7r�a7p�'7r�;a7�,a7r�a7pAa7r�;a7r�,a7r�a7pAa7r�;a7r�,a7r�a7pAa7r�;a7r�,a7r�a7pAa7r •,,,,,,,,pAa7r,a7 , • a7r�a7r �a7Y�;a7r�a7r�a7r dsv�r,w41' �.„N,„5 � t a is�t a sn Collectors and Arterials, Matches/Funding for State Highways Not in ETJ Service Area not greater than 6 miles - City generally divided along SH 78 Must be on CIP Credit for ad valorem tax or credit equal to 5o% 1 1 1 1 1� ;^,j > ,. ,' ..}° "nwi „ :ry .., ,n c , �_.,, . . .. s^�= �� ten, � ''�;o �T�tt' �l., /�jYt vat i lgti R2 ! �ttt‘ ;,,ii5r ti r _mom �tirt� �YgctArrru w'r '°. Population Projections 12 /1 d. j1 i 2015 r 12020 jail 2025 Jart 2o3o Jan 2o35 Pop. 44,158 45,190 49,364 49,936 50,507 51,078 # Permits 236 361 1461 200 200 200 Growth 1.6% 9.1% 9.2% 1.2% 1.1% 1.1% Rate -24o dwelling units per year used for IF population projections which equates to 6,85o persons in the 10-year period y "'",��"y�"�"kr"'aa�i�agr�a��r i,s�' ��a7r� a��"'rr�a7�,a7r�a7pAa7r r;a7�,a7r�a7pAa7r r;a7�,a7r�a7pAa7r r;a7�,a7r�a7pAa7r r;a7�,a7r�a7pAa7r e,a7�,a7r)aare.�a"Y?'a7a�a7rrre?7r rd'�srr «""w yy� ,„5 ..,,r"� „� r .rw N , •u .•.� , •u .•.� , •u .° , .» m1., ... . ... .,,,.h' :, a,w ^�n'. .,,.,.. ,.,.,., .Rr " r 3 1yC r a, ,,, ,, a a a.. s : ar � w n 's 1 M1 g6 w' .M#bRda , ,,: ' ,. _ b 'i '' .Y' ,rv% "'" +,, .' ' .,:.>• a a ,v �r�w11 k trN ' '� Jr: a x\JI ", a Yd a av w .. Eire. E 41 E1r# �, 1ka°tr x 11,,,,. ...,',..oj.v...,4' . It • a W w ,.�` W ., m A a 4a '5G art tt�z� El9 t � �g,v� r tia,.ta';°,.,,,r.i era+ R:. 0a� P09.!!''''-:: '''''''',:'''''',„ ---"',,,,,,(,,,,,,,,'.',,,,,:ME "‘..:,..,„;:.,..-,,-,,,fie,i,:,,, :',,,,„..,....4.f; XL ENNoloLoGo rytilt „„,,,,,,,,,,', • ', ,„„,:, 1 ' 1,,„,....,..1,,,,,1,-,1,",1,, rr iaiwrsos� awar ame ,+dx:;usT min itatil iiii.011110011011111 0101,1141,054W UMW Mffigalinediamil asto olosimiti maw 04.,,,.,,, 1,P 004(PI.A14„likrtitketi„(VNI14' , 44,i,04404024040.0,,''''' ,,,,,,,,,,,==.„7,:rr---"777,777f rrn!"'"7".7"'"7-7!'!7====,----"--- , , , --..''''r";;',4,4%.;;X:ife,..f.,S:"A gi,A.:*.1.41N IR age k,,,,...... . .,,,.,v,',W 414,410„gii:0 A.,,,,•'' Table 1A-Thoroughfare Capital Improvement Plan City of Wylie 2014 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH TOTAL COST COST OF TOTAL PROJECT ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) Wi0 INTEREST INTEREST COST FM 1378 W2A N.of Lakeway S.of N.Parker Rd. 2 lanes Build a 6-lane divided section 1,150 $ 3,492,000.00 S 1,833,300.00 $ 5,325,300.00 Woodbridge Pkwy. W5A FM 544 Hooper Rd 4 lanes Build a 6-lane divided section 5,500 $ 2,061,000.00 $ 1,082,025.00 $ 3,143,025.00 McMillen Road W6 McCreary Rd FM 1378 4 lanes Build a 6-lane divided section 8,400 $ 9,454,000.00 $ 4,963,350.00 $ 14,417,350_00 Hensley Lane(East) W9 Hooper Rd McCreary Rd Build a 2-lane undivided section 5,100 $ 3,379,000.00 $ 1,773,975.00 $ 5,152,975.00 Woodbridge Pkwy. W10 Hoopes Rd South City Limit 1,050 $Build 4-lanes of future 6-lanes 875,800.00 S 459,795.00 $ 1,335,595_00 Park Boulevard W11 FM 1378 Westgate Way 2 lanes Build 4-lanes of future 6-lanes 4,850 $ 4,925„000.00 $ 2,585,625.00 $ 7,510,625.00 Park Boulevard W12 City Limit Skyview --- Build.4-lanes of future 6-lanes 1,550 $ 1,053,550.00 $ 553,114_)0 $ 1,606,664.-00 Park Boulevard. W13 Skyview City Limit 2 lanes Build 4-lanes of future 6-lanes 1,300 S 1,688,75000 $ 886,594.00 S 2,575,344_00 Sander'Boulevard W14 FM 544 SH 78 2 lanes Build a 4-lane divided section 3.700 $ 2,770,500.00 $ 1,454,513.00 $ 4,225„013.00. Ann Drive W15 Kamber Lane Franklin Lane Build a 2-lane undivided section 880 $ 608,700.00 $ 319,568.00 $ 928,268.00 .Jackson Avenue W16 Brown Street Parker Road Build a 2-lane undivided section 850 $ 640,100.00 $ 336,053..00 $ 976,153_00 Birmingham Street W17 Marble Street Brown Street Build a 2-lane undivided section 750 $ 580,400.00 $ 304,710.00 $ 885,110.00 N.Ballard Avenue W18 S.H 78 Brown Street. 2 lanes Study to Improve Capacity 1,750 $ 50,000.00 $ 26,250..00 $ 76,250_00 Forrest Ross Road W19 Railroad Tracks Park Boulevard 2 lanes Build a 4-lane divided section 2,650 $ 1,675,650.00 $ 879,716.00 $ 2,555,366.00 Sub Total $ 33,254,450.00 $ 17,458,588.00 $ 50,713,038.00 Alanis Drive El S.H 78 S Ballard 3 lanes Build a 4-lane undivided section 6,100 $ 3,507,200.00 $ 1,841,280.00 $ 5,348,480.00 South Ballard Ave. E7 Alanis Drive County Line 2 lanes. Build a 4-lane divided section 6.200 $ 6,667,500.00 $ 3,500,437.50 $ 10,167,937.50 Pleasant Valley Rd. E7A S.Ballard Avenue South City Limit 2 lanes Realign&Build 4-lane divided 7,850 $ 8,342,300.00 $ 4,379,707..50 $ 12,722,007_50 FM 544 E8 MI Akin Lane Vlnson Road 2 lanes Build a 4-lane divided section 13,500 $ 13,960,600.00 $ 7,329,315.00 $ 21,289,915.00 Alanis Drive El 1 City Limit Troy Road --- Build a 4-lane divided section 1,200 $ 1,396,100.00 $ 732,952..50 $ 2;129,052_50 Stone Road E12 FM 544 East City Limit 2 lanes Build a 4-lane divided section 9,400 S, 9,524,600.00 $ 5,000,415.00 $ 14,525,015.00 i$001WRX*V!':'„:':::':::':" i-''„:,!';'.':':i1MN:!:',,i'''','''!;''':,'':',:'„:::::ppsply::1;:ii. „,i,',':::,'''J:::i',,::,'"'',:::',',,'':.,.pptith.„,,,,:cits?„,:.:1:iivi, it',;!:::::::.,':::s,,,'::":::,:214MO:':".'n:',:,"::B Ott:4441 ht 140406 4!*OPtii, .:•:'!1:1:'1';:,12:,A120,,,:':, ,S, ,:::::::::6:440aALIQp,;1':::$,,,.',,Z::::::::'::::;:;Z3 19;000'ICA $,,,,i.':'':,''::,„si':.,6.,-7.10,,13410100 County Line Road El4 FM 544 Troy Road 2 lanes Build a 4-lane divided section 5,000 $ 5,002,900.00 $ 2,626,522.50 $ 7,629,422_50 Kreymer Lane E.15 SH 78 City Limit 2 lanes Build a 4-lane divided section 5,050 $ 5,046,200.00 $ 2,649,.255.00 $ 7,695,455.00 Troy Road El 6 City Limit East Fork 2 lanes Realign&Build 4-lane divided 3,750 $ 3,783,900.00 $ 1,986,547.60 $ 5,770„447.50. Troy Road E17 City Limit County Line Road 2 lanes Build a 4-lane divided section 2,700 $ 2,724,900.00 $ 1,430,572.50 $ 4,155,472.50 Wylie E.Dove El 8 SH 78 School Driveway 2 lanes Build a 4-lane divided section 1,500 $ 1,574,400.00 $ 826,56.0.00 $ 2,408,960.00 Creek Crossing Dr. El 9 Sachse Road City Limit Build a 2-lane undivided section 2,300 $ 1,535,600.00 $ 806,190.00 $ 2,341,790.00 Collins Boulevard E20 Current End East Fork Build a 2-lane undivided section 5,300 $ 3,449,200.00 $ 1,810,830..00 $ 5,260,030_00 Forrest Ross Road E21 .SH 78 Park Boulevard 2 lanes. Build a 4-lane divided section 3.600 $ 2,686,350.00 $ 1.410,33375 $ 4,096,683.75 Park Boulevard F22 City Limit Spring Creek Pkwy. --- Build 4-lanes of future 6-lanes 2,700 S 1,835,300.00 $ 963,533.00 $ 2,798,833.00 Park Boulevard E23 Spring Creek Pkwy. Centennial 2 lanes Build 4-lanes of future 6-lanes 850 $ 577,800.00 S 303,345.00 S 881,145_00, Park Boulevard ;E24 Centennial SH 78 4 lanes Build a 6-lane divided section 1,200 $ 815,950_00 $ 428,374_00 $ 1,244,324.00 Park Boulevard E24A Bridge Railroad Bridge 1,000 $ 5,732,150.00 S 3,009,379.00 $ 8,741,529.00 Sub Total $ 82,552,950.00 $ 43,345,549.75 $ 12.5,908,499.75 CIP PROJECT TOTALS: $ 115,817,400.00 $ 80,804,137.75 $ 176,621,537.75 Costs based on 50%of EOPCC by Halff Associates Paving&Drainage prorated for length out of 13,600 total :t10$04,0::,00,,i,ptp014 .popqtyppotoopt,:potolpi',p000:00,0)::::i-L,: ::x.,,,i.:,,;,;:ii:,i:',,,,,'!:. ,:i:,,,,:,E, .„.„„..„.„„.„.„.„—....„„..„—........„....„..„...„„...„.„.....„.„„„.„.„.„.„„„„„.„...„„„„....„......„,„„...„......„.„..„..„.„,„„..—„„„.........;„„„...„.„_„,...„„„..„„„„„„..........„„„.„„_„„„„„„„..„.„.„„..„„„.....„.„.„„„.„„„„„„_„.„_ ......„_„„„................„_„„„„„„,„....„.„„„. „.„.....„„„,„„.„.„.„.„.„.„.„......................................„.............„ . AiivINOHNAMNINVDONMPOWPOINWIMmo"4. ftWoOvv100,040b8NpVel0000"- -"'"'" ......- .„,.......„.„ Table 1B - Recoupment Projects Completed with Previous CIF City of Wylie 2014 Impact Fee Update PROJECT BOUNDARY PROJECT LENGTH TOTAL COST COST OF TOTAL PROJECT ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) W/O INTEREST INTEREST COST FM 1378 W1 FM 544 W Brown St 2 lanes Built a 6-lane divided section FM 1378 W2 W Brown St 800'north of Lakeway 2 lanes17°,80°0 $$ 110: 326°8371135.D°00 $ 541,80100 $ 1,573,800.00 Built a 6-lane, divided section $ 5,609,003.00 $ 16,292,818_00 W Brown Street W3 FM 1378 Ballard Ave 2 lanes vitdsesectdioion 445,000.00 $ 9,827,184 00 $ 5,21353%2272010 $ 14,9460:6425:T0 Hensley Lane(East) W4 Hensley' Hooper BBuuiltilat a2-4la-lnaeneudndivi' n 39,'510°0° $$ Country Club Road W5 FM 544 South City Limit --- Built 4-lanes of future 6-lanes 5,500 $ 4,784,003.00142000000 $ 2,754151:560020"00,00 $$ 72:219655:560005__0000 Built a 4-lane divided section 3,350 $McCreary Road W7 FM 544 South City Limit --- 640,500..00 $ 1,8613,500_03 Springwell Rkwy w8 FM 544 700'south of Capital Built a 2-lane undiviided section291:422102:000002:0000 $$ 44,853,304.00 Sub Total $ 15,441,302.00 $ Alanis Dive El SH 78 S Ballard 697„095.00 $ 2,024,895_00 Alanis Drive E2 Twin Lakes FM 544divided 2 lanes Built 34anes of 4-lane.section 26:;10000 $ 41:342647,1301..0000 ; 2,343,774.00 $ 6,808,105,00 3 lanes Built a 4-lane section Kirby Street E3 SH 78 Birmingham 4 lanes Built a 4-lane divided section 1,400 $ 9 1,011000 5,6000...0000 $ 585,690.00 $ 1,701,290.00 524,475.00 $ 1,523,475.00 Stone Road E4 Birmingham S Ballard 2 lanes Built a 4-lane divided section 8,300 Stone Road E5 Ballard Alun 2 lanes 3,600 $ 4,9550,00.00 $ 2,601,30275,..0000 $S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Built a 4-lane divided section Built a 5-lane divided section 2,800 $ 3,530,000_00 $ 1,853,250.00 $ 57:030863:327500...0000 14,110,825.00 East Brown Street E9 SH. 78 Stone 2 lanes ' d Nghway sect on 3,200 $ 4„829„0 . -lane section 11,100 $ 9,253,000.000000 ; 7,364,225.00 SH 78 El° Eubanks Spring Creek Pkwy 2 lanes BuiltB 8-uillane4 42::5375,'225j100 $ Sub Total $ 30,473,731.00 $ 15,958,709,00 $ 46,472,440.00 RECOUPMENT PROJECT TOTALS: $ 55,88,5,733.00 $ 31,440,011.00 $ .91,,325,744.010 ,�;�i�.,��b��y��a7i�a7rja7r�;a7��,a7r�a7p�'7r�;a7��,a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r��';a7��,a7r�a7pAa7r e,a7��a7r�a7r��a7Y�;a7r�a7r�a7r dsv��r,w41'����.„N,„5 �� ,� , ram».: �� .wn , 4i344.00 1 0Q44 46 4;'"" 000 ic PM Peak Hour Vehicle-Miles Number of trips generated by a specific land use type during the PM peak hour (vehicles) multiplied by the average trip length (miles) for that land use ITE Trip Generation Manual Trip length - maximum of three (3) miles ,�;�i�.,��b�y��a7i�a7rja7r�;a7��,a7r�a7p�'7r�;a7��,a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r��';a7��,a7r�a7pAa7r e,a7��a7r�a7r�a7Y�;a7r�a7ra7r dsv��r,w41'����.„N,„5 �� 4 ki 4r Owe,. , .:,.� t a is�t a rrtlr��S�s.#�n�}r �sn Table 4 - Summary of Capital Improvement Cost by Service Area. City of Wylie 2014 Roadway Impact Fee Study Update Portion of Capacity of Cost of Thoroughfare Zone Service Area Cost of Thoroughfare ►ttri t t d Attributed toGr owth wth Thoroughfare to Growth (2014 -2024) (2014 -2024) 5 566 4 .0i 0.066 6 r 07, 8.57 E $172,380.939.75 0.166 i r 1 , . 0 Totals 267 947, 81.7 i 4a 2,614. ,�;�i�.,��b��y��a7i�a7rja7r�;a7��,a7r�a7p�'7r�;a7��,a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r�;a7r��a7r�a7pAa7r��';a7��,a7r�a7pAa7r e,a7��a7r�a7r��a7Y�;a7r�a7r�a7r dsv��r,w41'����.„N,„5 �� is t a �t a rrtlr��S�s.#/4n\}r sn Table 6 - Impact Fee Calculation for Thoroughfare by Service Area City of Wylie 2014 Roadway Impact Fee Study Update Cost of Thoroughfare Number of New Cost Per Service Area ►.ttributed to ro rth service Unit Cost Per Service Unit Service Unit (2014 -_ 24) (2014 - 2024) (Rounded) , 07, 7 .57 4 255 $1,482.35 '15482 $28,615,236.00 7040 Totals 4, 2 ,614 57 11 ,295 1 1 1 1 1: r s> }'' rst n" +nrG2'n"m^"n .".N "" "niQi „ :rvt .., n 0 id, =w te � T�tt�1.,�l�jYv .:*»zN.�,:,.� i lgti R2 !om �tirl� WUrra r G'°. Fee by Service rea Sees e ; Ctin e* Fey Pei l Updated Fee „ Service Unit ServiceUnit o% max), $434.82 $741.18 E $718.50 $2032.33 , Table 7 - Land Use Equivalency -,,,:04040144m040400.0v 4',.N*woe 341Mkto City of Wylie 2014 Roadway Impact Fee Study Update DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE MAX ALLOWABLE IMPACT FEE/ „00 CATEGORY LAND USE DEVELOPMENT UN FP UNITS' RATE2 LEN GT1-13 TRAFRC4 UNITS Service Area W Service Area E RESIDENTIAL Single-Fan*Detached Dwelling Unit 1.00 3.0 0 3.00 $2,223.00 $6,096.00 A,partmentiMulti-Fanity fang Unit 0 62 3.0 0 1.86 $1,378.26 $3,779.52 ConciontliniurrifTownhouse Dwelling Unit 0.52 3.0 0 1.56 $1,155.96 $3,169.92 %labile Home Dituilinig Unit 0_59 3.0 0 1 77 $1,311.57 $3,596 64 OFFICE Office Building 1,000 ft2 GFA 1_49 3.0 0 4.47 $3,312 27 $9,083 04 Medical Office 1,000 ft2 GFA 3_57 3.0 0 10.71 57,936.11 $21,762.72 COMMERCIAL Automobile Care Center 1,000 ft2 GFA 3.11 2.5 0.3 5.44 $4,031.04 $11;054.08 BO'14 rig Materialslumber 1,000 ft2 GFA 4_49 2.0 0_2 7_18 $5,320.38 $14,559.76 Convenience StoresiGas Pumps 1,000 ft2 GFA 50.92 OA 0.63 7.54 $5,587.14 $15,321.28 Drive-In Bank 1,000 ft2 GFA 24.3 1.7 0.47 21.89 $16,220.49 $44,480.48 Fast Food Restaurant 1,000 ft2 GFA 32.65 2.0 0.5 32.65 $24,193.65 $66,344.80 Free Standing Discount Store 1,000 ft2 GFA 4.98 2.5 0.17 10.33 $7,654.53 $20,990.56 Garden Center/Nursery 1,000 ft2 GFA 6.94 2.5 0.2 13.88 $10,285.08 $28,2134.16 Golf Course Acres 0.3 2.5 0 0 75 $555.75 $1,524.00 Hardreil!aint Store 1,000 ft2 GFA 4.84 2.5 0.26 8.95 $6,631.95 $18,186.40 Home Improvement Store 1,000 ft2 GFA 2_33 3:0 0.48 3.63 $2,689.83 $7,376.16 Hotel Rooms 0.6 3.0 0 1.80 $1,333.80 $3,657.60 Pharmacy/Drugstore 1,000 ft2 GFA 9.91 2.5 0.49 12.64 $9,366.24 $25,684.48 Setf-Service Car Wash Stalls 5.54 2.0 0.6 4.43 $3,282.63 $9,001.76 Senhce Station Pumps 13.87 0.5 0.42 4.02 $2,978,82 `1t,168.64 Sit-Dow Restaurant 1,000 ft2 GFA 9.85 2.4 0.43 13.47 $9,981.27 $27,371.04 Shopping Center 1,000 ft2 GFA 3.71 3.0 0_34 7.35 $5,446.35 $14,935.20 Supermarket 1,000 ft2 GFA 9.48 2.5 0.36 15.17 $1 1,240.97 $30,825.44 INDUSTRIAL Industrial 1,000 ft2 GFA 0_97 3.0 0 2.91 $2,156 31 $5,913.12 Mini-Warehouse 1,000 ft2 GFA 0_25 3.0 0 0_78 $577.'98 $1,584.96 Warehouse 1,000 ft2 GFA 0_32 3.0 0 0_96 $711.36 $1,950.72 INSTITUTIONAL School Students 0_15 2.1 0 0.32 $237.12 $650.24 Day Care Center Students 0.81 2.7 0.9 0.22 $163.02 $447.04 Nursing Home 1,000 ft2 GFA 0_74 2.5 0 1.85 $1,370.85 $3,759.20 House of Worship 1,000 ft2 GFA 0.55 2.1 0 1_16 ',459.56 $2,357 12 1 GFA=Gross Floor Area 2(Vehicles); Based on 1TE Trip Generation Manual, 9th Edition 3(Mies); Based on F4CTCOG Data 4 Percentage of traffic already passing by site-land use is an intermediate destination 5(Vehicle-Mles) 6 Based on 50%of maAnium calculated impact fee for each service area I I I I I ,j�s> ,. , }''� � :�''��I P r�s�t n^��+�nrG2'n"m.^"n,�.".N "" "nwi „ :rvt .., ,n 1 1.,s�jYl g i lgti R2 ! t �ttt� r ti r _mom ��YgctArrru w�'r G'°.�� Thor. Impact Fee Collections W s2.9 million $2.9 million E $2.6 million $2.2 million West Zone - Springwell Right of Way, McMillen storm sewer, Woodbridge Parkway construction East Zone - Stone Road Phase 2 construction rt Wylie City Council AGENDA REPORT pNt s ��gpfibgY Meeting Date: October 14, 2014 Item Number: 3 (City Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: October 3, 2014. Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, approval of Ordinance No. 2014-35 updating the Thoroughfare Impact Fees to be assessed by the City of Wylie Recommendation Motion to approve Ordinance No. 2014-35 updating the Thoroughfare Impact Fees in the amount of$ per service unit for the west zone and$ per service unit for the east zone. Discussion On September 9, 2014, Council approved Ordinance No. 2014-29 setting a date, ordering a public hearing to discuss and review updates to the Thoroughfare Capital Improvements Plan, and Thoroughfare Impact Fees. Chapter 395 of the Texas Local Government Code outlines the process and procedures for approving and updating impact fees. The Capital Improvements Plan identifies the projects necessary to serve the projected population over the next ten years and is based on the recently approved Thoroughfare Plan. The Impact Fee Advisory Committee met on August 5th, 19th, and September 2nd to discuss the Capital Improvements Plan, Land Use Assumptions and Thoroughfare Impact Fees. The maximum cost per service unit was calculated to be $741.18 for the West Service Area and $2,032.33 for the East Service Area. The committee provided written comments (attached) and recommended $300.00 per service unit in the West Service Area and the East Service Area. The committee did not have any comments on the Land Use Assumptions or the Capital Improvements Plan. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2014-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 2007-34, 2007-27 AND 2006-47; UPDATING THE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND THOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF WYLIE, TEXAS; ESTABLISHING A COLLECTION DATE; ESTABLISHING PROCEDURES AND REGULATIONS REGARDING THOROUGHFARE IMPACT FEES; PROVIDING FOR 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 HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Ordinance Nos. 2007-34, 2007-27 and 2006-47 (individually and collectively, "Impact Fee Ordinance") of the City of Wylie, Texas ("City" and/or "Wylie"), establishing land use assumptions, a capital improvements plan and impact fees to be assessed by Wylie; and WHEREAS, the City Council has investigated and determined that Wylie has fully complied with Chapter 395, TEX. LOCAL Gov'T CODE("Code"), concerning the notice, adoption, promulgation and methodology necessary to adopt land use assumptions and a capital improvements plan determining impact fees and has properly adopted the Impact Fee Ordinance; and WHEREAS, the City Council has further investigated and determined that Wylie has reviewed the land use assumptions, capital improvements plan and impact fees adopted under the Impact Fee Ordinance in compliance with the Code; and WHEREAS, the City Council desires to amend the land use assumptions, capital improvements plan, the amount of thoroughfare impact fees and the Impact Fee Ordinance; and WHEREAS, Wylie has, within sixty (60) days after the date it received the updated land use assumptions and capital improvements plan, adopted an order setting a public hearing to discuss and review the same and to determine whether to amend the same; and WHEREAS, before the thirtieth (30th)day before the date of the hearing on the updated land use assumptions and capital improvements plan, Wylie sent a notice of the hearing by certified mail to all persons who have given written notice by certified or registered mail to the Wylie City Secretary requesting notice of the hearing within two (2) years preceding the date of adoption of the order setting the public hearing; and WHEREAS, Wylie published the required notice of the hearing in one or more newspapers of general circulation in each county in which Wylie lies before the thirtieth (30th) day before the date set for the hearing; and Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 1 of 12 654928.2 WHEREAS, on or before the date of the first publication of the notice of the hearing, the updated land use assumptions and capital improvements plan, including the amount of the proposed impact fee per service unit, were made available to the public; and WHEREAS, the Capital Improvements Advisory Committee, created under § 395.058 of the Code, filed its written comments on the proposed amendments to the land use assumptions, capital improvements plan and thoroughfare impact fees before the fifth (5th) business day before the date of the public hearing on the amendments; and WHEREAS, the City Council held a public hearing to discuss the amendments to the land use assumptions, capital improvements plan and thoroughfare impact fees; and WHEREAS, within thirty (30) days after the date of the public hearing on the amendments to the land use assumptions, capital improvements plan and thoroughfare impact fees, the City Council is considering to approve or disapprove the amendments as more fully set forth below; and WHEREAS, the City Council has investigated and determined that Wylie has fully complied with Chapter 395 of the Code to approve the amendments to the land use assumptions, capital improvements plan and thoroughfare impact fees; and WHEREAS, the City Council has further investigated and determined and hereby finds that it is in the best interest of the citizens of Wylie to adopt such amendments to the land use assumptions, capital improvements plan and thoroughfare impact fees to assure the provision of adequate roadways to serve new development by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. NOW, THEREFORE, BE IT ORDAINED BY THE WYLIE CITY COUNCIL: 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: Amendment of Impact Fee Ordinance. The Impact Fee Ordinance is hereby amended as set forth herein and in the "2014 Roadway Impact Fee Update" report ("2014 Report"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes. The Impact Fee Ordinance is further amended to read as follows: Article 1. Purpose. This Ordinance is intended to assure the provision of adequate public facilities to serve new development in the city by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Article 2. Definitions. Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 2 of 12 654928.2 Area-related facility means a capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility. Area-related facility may include a capital improvement which is located offsite or within or on the perimeter of the development site. Capital improvement means any thoroughfare facilities with a life expectancy of three (3) or more years that are owned and operated by or on behalf of Wylie. Capital Improvements Plan means a plan adopted by Ordinance No. 2014-35 that identifies capital improvements or facility expansions for which impact fees may be assessed. City or Wylie means the City of Wylie, Texas. City Council means the City Council of the City of Wylie, Texas. Facility expansion means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development. Final plat or final plat approval or approved final plat means the point at which the applicant has complied with all conditions of approval and the plat has been released by the city for filing with Collin, Rockwall or Dallas County, whichever is appropriate, and actually filed. Impact fee means a charge or assessment imposed as set forth in this Ordinance against new development for thoroughfares. The term does not include: (a) Required dedications of land for public parks or payments in lieu thereof; or (b) Dedication of rights-of-way or easements or construction or dedication of onsite or off-site streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development. Land use assumptions means a description of the service area and the projections of changes in land uses, densities, intensities, population and employment growth in the service area over at least a ten (10) year period and adopted by the city by Ordinance No. 2014-35, as may be amended from time to time, upon which the capital improvements plans are based. New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure, or any use or extension of the use of land, any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit or connection to the city's water or wastewater system, and which has not been exempted from these regulations by Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 3 of 12 654928.2 provisions herein or attached hereto. Installation of a larger water meter will constitute new development. Off-site means a facility or expansion that is not a Site-related facility, as defined herein. Plat shall mean a final plat as described in the city's subdivision regulations. Plat includes replat. Property owner has the same meaning as the term "applicant" in the city's subdivision. regulations. Property owner includes the developer for the new development and the owner of the property. Recoup means the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development. Roadway or Thoroughfare facilities means arterial or collector streets or roads that have been designated on Wylie's official adopted thoroughfare plan, as amended, together with all necessary appurtenances. The term includes, but is not limited to, Wylie's share of costs for roadways/thoroughfares and associated improvements designated on the federal or Texas highway system, including but not limited to, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks and drainage appurtenances. The term also includes, but is not limited to, interest in land, traffic lanes, intersection improvements, traffic control devices and turn lanes associated with the roadway or street lighting. Service area means the area of the city's corporate limits, as they exist or may be altered, to be served by the capital improvements or facilities expansions specified in the capital improvements plan. Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, that had been calculated in accordance with generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the "2014 Roadway Impact Fee Update" report, which is attached hereto as Exhibit A and incorporated by reference herein, as may be amended from time to time. Single,family residential has the meaning given the term in the city's zoning regulations. Site-related facility means an improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of thoroughfare facilities to serve the new development, and which is not included in. the capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable regulations or which is located at least partially on the plat which is being considered for impact fee assessment. Article 3. Applicability. Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 4 of 12 654928.2 The provisions of this Ordinance regarding thoroughfare impact fees apply to all new development within the corporate boundaries of the city, as they exist or may be altered. Article 4. Impact Fees Adopted for Thoroughfares. The previously adopted thoroughfare impact fees have been reviewed, evaluated, updated and revised. The City Council finds that the maximum assessable impact fee per service unit for each thoroughfare service area shall be and /100 dollars ($ . ), representing fifty percent (50%) of the total projected costs. Article 5. Impact fee as condition of development approval/permit issuance. No final plat for new development shall be released for filing with the appropriate county without assessment of a thoroughfare impact fee pursuant to this Ordinance. No building permit shall be issued for new development, until the property owner has paid the thoroughfare impact fee imposed by and calculated herein or a contract for payment is approved by Wylie and executed by the parties, or unless the assessment is made upon the issuance of the certificate of occupancy under Article 6, Section (a)(3)(C). Article 6. Assessment of thoroughfare impact fees. (a) The assessment of the thoroughfare impact fee for any new development shall be calculated and made as follows: (1) For new development that received final plat approval prior to October 14, 2014, on October 15, 2014;. (2) For new development that received final plat approval on. October 14, 2014 or after, at the time of final plat approval; or (3) For land on which new development is proposed to occur or occurs without platting, upon the earliest of the following: (A) connection to the City's water or sewer system; (B) upon the issuance of a building permit; or (C) upon the issuance of a certificate of occupancy. (b) Following initial assessment of the impact fee for a new development pursuant to subsection (a), the amount of the impact fee per service unit for that development cannot be increased, unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in. which case the impact fee will be reassessed for increased or additional service units at the impact fee rate then in effect. (c) Following the lapse or expiration of a final plat that has been approved, or a final plat deemed approved due to failure of Wylie to act, a new assessment shall be performed at Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 5 of 12 654928.2 the time of new final plat approval in accordance with this Ordinance. For land for which an assessment is made without platting (in accordance with Article 6, Section (a)(3)), a new assessment shall be performed following a termination of water or sewer service or expiration of a building permit or certificate of occupancy. Article 7. Computation and collection of impact fees. (a) The impact fees due on new development shall be collected at the time of application for a building permit, unless an agreement between the developer and the city has been executed providing for a different time of payment, or at the time of the issuance of a certificate of occupancy if the assessment is made upon the issuance of the certificate of occupancy under Article 6, Section (a)(3)(C). (b) At the time of assessment (in accordance with Article 6) for all new developments, the city shall compute the impact fees due for the new development in the following manner: (1) The amount of each type of impact fee due shall be determined by multiplying the number of each type of service units generated by the new development by the impact fee due for each type of service unit in the applicable service area set forth in Exhibit A. For assessments made in accordance with Article 6, Section (a)(1), service units that received a building permit prior to October 14, 2014. shall be excluded when computing the impact fees. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements in the manner provided by this Ordinance. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit in Exhibit A then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. Article 8. Credits against impact fees. (a) Any construction or contributions to or dedications of any area-related facility appearing in the capital improvements plan that is required to be constructed by a property owner as a condition of new development shall be credited against the impact fees otherwise due on that new development from the same category of impact fees assessed on the new development. (b) All credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and any additional administrative guidelines that may be adopted by the city. (1) No credit shall be given for the dedication or construction of site-related facilities. Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 6 of 12 654928.2 (2) No credit shall exceed an amount equal to the assessed impact fee. (3) If a credit applicable to a final plat has not been exhausted within ten (10) years from the acquisition of the first building permit issued or within such period as may otherwise be designated by contract, such credit shall lapse. (4) In no event will the city reimburse the property owner or developer for a credit when no impact fees for the new development can be collected pursuant to city ordinance or for any amount exceeding the total impact fees due for the new development for the category of capital improvement, unless otherwise agreed to by the city. (c) The available credit associated with new development shall be applied against an impact fee in the following manner: (1) For single-family residential lots in a new development consisting only of single- family residential development, such credit shall be prorated equally among such lots, to be applied at the time of application of a building permit for each lot, against impact fees to be collected at the time the building permit is issued. (2) For all other types of new development, including those involving mixed uses, the credit applicable to the new development shall be applied to the impact fee due at the time of approval. (3) At its sole discretion, the city may authorize alternative credit agreements upon written agreement with the property owner in accordance with the city's administrative guidelines. Article 9. Establishment of accounts. (a) The city shall establish an account to which interest is allocated for the service area for each type of capital facility for which an impact fee is imposed. Each impact fee collected within the service area shall be deposited in such account. (b) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used only in the same manner as which the underlying funds may be used. (c) The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the accounts are utilized solely for authorized purposes. (d) The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended within the service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The city may establish a fee for copying services. Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 7 of 12 654928.2 Article 10. Use of proceeds of impact fee accounts. (a) The impact fees collected for the service area may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the capital improvements plan for the service area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements or facility expansion. (b) Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: (1) Construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) Repair, operation or maintenance of existing or new capital improvements or facility expansion; (3) Upgrade, update, expansion or replacement of existing capital improvements to provide better service to existing development; or (4) Administrative and operating costs of the city. Article 11. Refunds. (a) Upon application by an owner of property, any impact fee or portion thereof collected pursuant to city ordinance, which; (i) has not been expended within ten (10) years from the date of payment, or (ii) existing facilities are available and service is denied, or (iii) the city has, after collecting the impact fee when service was not available, failed to commence construction within two (2) years or service is not available within a reasonable period considering the type of improvement or expansion, but in no event later than five (5) years from the date of payment; shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of payment to the date of refund at the statutory rate as set forth in the Texas Finance Code, Section 302.002, or its successor statute. The application for refund pursuant to this article shall be submitted within sixty (60) days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis. (b) An impact fee collected pursuant to this Ordinance shall also be considered expended if the total expenditures for capital improvements or facility within the service area within ten (10) years following the date of payment exceed the total fees collected within the service area Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 8 of 12 654928.2 for such improvements or expansions during such period. (c) If a refund is due pursuant to subsections (a) and (b), the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. (d) Upon completion of all the capital improvements or facility expansions identified in the capital improvements plan for the service area, the city shall recalculate the impact fee per service unit using the actual costs for the improvements or expansions. If the impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid by more than ten (10) percent. If the difference is less than ten (10) percent, no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. Article 12. Updates to plan and revision of fees. (a) The city shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code Chapter 395 or in any successor statute. (b) The city may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly, or whether any Exhibit(s) hereto should be changed. (c) If, at the time an update is required pursuant to subsection (a), the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Government Code Section 395.0575 or its successor statute. (d) In addition to the reviews required by this Article, the city shall also conduct the reviews required by Article 4, Impact Fees Adopted for Thoroughfares, above. Article 13. Use of other financing mechanisms. (a) The city may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 9 of 12 654928.2 manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. (b) Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. Article 14. Impact fee as additional and supplemental regulation. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy, including but not limited to water and wastewater impact fees Such fee is intended to be consistent with and to further the policies of the city's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other city policies, ordinances, codes and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Article 15. Relief procedures. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this Ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperfoiiiied duty and request that the duty be performed within sixty (60) days of the request. If the city council determines that the duty is required pursuant to this Ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. SECTION 3: Land Use Assumptions Adopted. The previously adopted land use assumptions have been reviewed, evaluated, updated and revised, and the City Council finds that the land use assumptions that are set forth in the 2014. Report are hereby adopted and approved. SECTION 4: Capital Improvements Plan Adopted. The previously adopted capital improvements plan has been reviewed, evaluated, updated and revised, and the City Council finds that the capital improvements plan that is set forth in the 2014 Report is hereby adopted and approved. SECTION 5: Repealing/Saving. The Impact Fee Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any other ordinances 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 portion of conflicting ordinances shall remain in full force and effect SECTION 6: Penalty. Any person, firm, entity or corporation who violates any Ordinance No. 2014-35 Updated Thoroughfare Impact Fee Ordinance Page 10 of 12 654928.2 provision of this Ordinance, as it exist or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined in a sum not exceeding TWO THOUSAND AND 00/100 DOLLARS ($2,000.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/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, regardless of whether any one or more sections, subsections, sentences, clauses or phrases are declared unconstitutional and/or invalid. SECTION 8: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE WYLIE CITY COUNCIL on this 14th day of October, 2014. APPROVED AS TO FORM: Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Dates of Publication: October 22,2014, Wylie News Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 11 of 12 654928.2 Exhibit A 2014 Roadway Impact Fee Update [17 pages attached hereto] Ordinance No.2014-35 Updated Thoroughfare Impact Fee Ordinance Page 12 of 12 654928.2