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03-11-2008 (City Council) Agenda Packet Wylie City Council CITY i F WYLIE NOTICE OF MEETING Regular Meeting Agenda March 11, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation of Proclamation for Girl Scout Week. (A. Murphy, Girl Scouts of Northeast Texas) • Presentation to 4th Six Weeks Star Students—Character Trait of"Trustworthiness". (J. Mondy, Mayor/Council) March 11,2008 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 26, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, award of a bid, in the amount of $34,600.00, to Heslink & Son Masonry for brickwork on the Fire Training Facility at Fire Station No. 2. (R. Corbin, Fire Chief) C. Consider, and act upon, approval of an Encroachment on Easement agreement with Oncor Electric Delivery Company, LLC. to construct, repair, replace, remove, operate and maintain two soccer fields and two ten-foot tall backstops within an Oncor easement located in Avalon Park. (M. Sferra, Public Services Director) D. Consider, and act upon, authorizing the City Manager to execute a Utility Easement Agreement between the City of Wylie and Farmers Electric Cooperative (FEC) to provide service to Fire Station No. 3. (M. Manson, City Manager). REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2008-10 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $20,000.00, to pay expenses relating to Recreation Classes in the Parks and Recreation Department and to add $20,000.00 to the Parks and Recreation Department's revenues to reflect the fees earned from these recreation classes; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Executive Summary This item is an accounting item for the Finance Department and a management tool for the Parks and Recreation Department. Last year the Parks and Recreation Department paid expenses for it recreation classes out of an expense account called Special Services as they should have. However, the revenues collected from the classes were also deposited in the same account, effectively washing out the expenses. Many city departments have used this procedure in past years for small programs, donations, etc. From an accounting prospective this is not General Accepted Accounting Procedures and one could argue it circumvents the appropriation authority of Council. March 11,2008 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Consider, and act upon, Ordinance No. 2008-11 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $581,646.56 for the purpose of returning funds previously collected by the City of Wylie for the construction of Hensley Lane to the Wylie Independent School District; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Executive Summary The City of Wylie received $519,686 from the Wylie Independent School District in 2005. The check was deposited into a Revenue Account not an escrow account. With interest earning as per our agreement, the amount due WISD is $581,646.56. In order for the City to return these funds to WISD, the City Council needs to appropriate the funds. The funds will be coming out of the Streets Capital Project Fund. 3. Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase a 0.2755 acre tract known as Lot 8, Railroad Industrial Park and further authorizing the WEDC to enter into debt in the amount of $180,000. (S. Satterwhite, WEDC Executive Director) Executive Summary Attached for your review is a Real Estate Sales Contract between the WEDC and Joseph M. Cazad and Karen D. Cazad. The Contract calls for the WEDC to purchase the 0.2755 acre lot along with the 3,900 square foot facility for$200,000. Furthermore, the purchase will be financed by a to-be-determined local financial institution over a period of one-hundred twenty months. 4. Consider, and act upon, Resolution No. 2008-10(R) authorizing the City Manager to execute an Interlocal Boundary Agreement between the City of Wylie, Texas and the City of Sachse, Texas. (M. Manson, City Manager) Executive Summary A portion of the right-of-way for the extension of McCreary Road goes across land within Sachse city limits,owned by the City of Sachse. This boundary agreement releases that land from Sachse's jurisdiction which will simplify the process for the construction and maintenance of the road. Once the Boundary Agreement has been executed,the City of Sachse will initiate their disannexation process. 5. Consider, and act upon, the acceptance of the resignation of Willie Osborne, alternate for the Zoning Board of Adjustment and the appointment of a new member to the Zoning Board of Adjustment for the unexpired term of July 2007 to July 2009. (R. 011ie, Planning Director) Executive Summary Staff is requesting the appointment of a new Alternate Zoning Board member to replace Mr. Willie Osborne, who has recently been appointed to the Planning and Zoning Commission. Per the Local Government Code the City Charter and the Zoning Ordinance the ZBA is to consist of 5 regular members with the local option to appoint 2 alternates. The alternates are only called to attend a meeting when one of the 5 regular members cannot attend. March 11,2008 Wylie City Council Regular Meeting Agenda Page 4 of 4 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 deliberate the purchase, exchange, lease or value of real property generally located at: • Property generally located at S. Ballard and Stone Road. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION 1 cert that this Notice of Meeting was posted oiplOiSuelotavf March 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Te. ` 6Rov0 me pile and that the appropriate news media was contacte s a courtesy, this agenda is alsostoea1i the-Ctty, j7lie website: www.wylietexas.gov. ...3k%E" Carole Ehrlic , ity Secretary r. Date Notice Removed Wylie City Council CITY OF WYLIE V Minutes Wylie City Council Tuesday, February 26, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards (arrived at 6:05 p.m.), Councilman David Goss, Councilman Merrill Young and Councilman Carter Porter. Councilman Rick White was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Police Chief, John Duscio; Fire Chief, Randy Corbin; Human Resource Manager, Lynn Fagerstrom; Construction Manager, Shane Colley; Wylie Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Senior Pastor Kris Segrest of the First Baptist Church of Wylie gave the invocation and Boy Scout Troop #442 led the Pledge of Allegiance. Those in attendance for the pledge were: Gavin Fishencord, Cameron McClure, Matthew Savage, Matthew Shinn, Dalton Maples, Max Montiel, Steaphan Deweese, Ben Lawrence, and adult leader David Savage. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. Minutes—February 26, 2008 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 12, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-09 approving a Specific Use Permit (SUP) for Auto Repair, Major Use on one lot on 0.648 acres (Regency Business Park Phase 1, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive) Zoning Case 2008-01. ZC 2008-01 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-08(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to FM 1378. (C. Holsted, City Engineer) D. Consider, and act upon, Resolution No. 2008-09(R) authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and North Central Texas Council of Governments for a Purchasing Agreement with The Dallas Morning News for a 12 month period for the purpose of classified advertising. (L. Fagerstrom, Human Resources Manager) E. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie as of January 31, 2008. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2008. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilwoman Spillyards and Councilman White absent. REGULAR AGENDA General Business 1. Review, and place on file, the Wylie Police Department 2007 Annual Traffic Contact Report. (J.. Duscio, Police Chief) Minutes—February 26, 2008 Wylie City Council Page 2 Staff Comments Police Chief Duscio addressed Council stating that Texas Senate Bill (SB 1074) requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later then March of the following year. He reported that the 2007 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. Mayor Mondy asked Chief Duscio what was being put in place regarding the suggestions for an independent search analysis and assessing data integrity for consistency referenced in the report. Chief Duscio reported that ICS had been contacted and they are insuring that all data is verified. The department is also insuring that all data collected has verifiable integrity. He stated that the department is insuring that officers complete all data when making a stop and that data has integrity. Mayor Mondy asked about the racial profiling training that was required by the state and asked if all police officers were following the training objectives required in section 1.0 and following. Chief Duscio reported that part of the academy training was to fulfill the training requirements. Mayor Mondy asked how often the officers had to revisit the training. Chief Duscio replied that the training included 80 hours in a 24 month training cycle of which racial profiling is included. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to accept and place on file the Wylie Police Department 2007 Annual Traffic Contact Report. A vote was taken and passed 6-0 with Councilman White absent. 2. Consider, and act upon, approval of a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 ft. ROW of Marble Street consisting of 0.7473 acres, a 70 ft. ROW of First Street consisting of 0.4821 acres, and an 80 ft. ROW of Second Street consisting of 0.1877 acres. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant, First Baptist Church of Wylie is requesting that the City of Wylie abandon portions of Marble Street, First Street, and Second Street to allow expansion of their current facility located at 100 North First Street. The portions of streets are currently being used as public streets. The First Baptist Church is the sole property owner of all properties adjacent to subject public rights-of-way. She explained that City Ordinance No. 07-21 as adopted by Council July 10, 2007 requires that an abutting property owner of the right-of-way initiate a request to the Planning Department by completing all required documents of the Abandonment of Public ROW/Easement Application. Included with the required documents, must be a certified appraisal of the value of the land to be abandoned and a certified check to the City for the amount of the Appraisal. The applicant acquired the services of Fuller Appraisals to conduct an appraisal of the property and establish its fair market value. The cost of this appraisal was paid for by the applicant. She reported that the appraisal indicates that the fair market value of the property is established at one dollar and eighty cents ($1.80) per square foot. All three land parcels total 1.42 acres or 61,724 square feet. The total fair market value of the ROW of First, Marble and Second Street would be $111,103.20. This figure was rounded to a final overall value of$111,000.00. Planning Director 011ie explained that the appraisal contains comparable properties on which to base the appraised value. The subject property is valued as vacant land tract only, devoid of any improvements, although presently the land area is improved with street paving, curb and gutters, and utilities. Thus the Cost and Income approaches to value were not applicable for this study. She noted that Staff has reviewed the request and determined that the ROW contains no utilities other than a 14" water line that runs east and west along Marble Street. Public utility companies using or entitled to use portions of the public right-of-way/utility easement have consented to the abandonment. She reported that right-of-way abandonment requires only Council action and no review by any Board or Minutes— February 26, 2008 Wylie City Council Page 3 Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a re-plat approved by the Planning and Zoning Commission and City Council. Council Discussion Mayor Mondy asked Planning Director 011ie if staff agreed with the appraisal. Planning Director 011ie replied, staff did agree with the appraisal. Councilman Young asked Planning Director 011ie if the lots on the north side of Marble Street were residential. Planning Director 011ie replied it was residentially zoned but was church property. Councilman Young asked if Lot 1 was also parking. Planning Director 011ie replied that it is church property. Councilman Goss asked if the 14" waterline was part of the abandonment. Planning Director 011ie replied that there is a 14" waterline easement. The easement runs on the north side of Marble. If the applicant wished to build a structure over the easement, the line would have to be relocated to another area. Mr. Todd Winters, engineer, representing the applicant for the Right-Of-Way Abandonment addressed Council stating that the applicant (First Baptist Church) is aware of the 14 inch water line easement along Marble Street and have met with City Engineer Hoisted regarding this issue. Mr. Winters explained that the applicant is also aware that they are responsible for costs associated with the relocation of the 14" water line should they wish to build a structure in that location. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 foot ROW of Marble Street consisting of 0.7473 acres, a 70 foot ROW of First Street consisting of 0.4821 acres, and an 80 foot ROW of Second Street consisting of 0.1877 acres. A vote was taken and passed 6-0 with Councilman White absent. 3. Consider, and act upon, the acceptance of the resignation of John Onufreiczuk and the appointment of a new member to the Planning and Zoning Commission to fill the unexpired term of July 2006 to July 2008. (R. 011ie, Planning Director) Executive Summary John Onufreiczuk was appointed to the Planning and Zoning Commission in 2006. Mr. Onufreiczuk, who has served very faithfully on the Commission, has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective February 6, 2008. Council Discussion Mayor Pro Tern Byboth stated that he had been involved with the interview process for Wylie Boards and Commissions last June and had met Mr. Willie Osborne, who is currently serving as an alternate to the Wylie Zoning Board of Adjustment. He reported that Mr. Osborne has been very active in the City and was a regular attendee of the City Council meetings, including almost all of the work session with the architects. He stated that he would like to recommend Mr. Willie Osborne to fill the unexpired term of Mr. Onufreiczuk. Councilman Porter concurred that he would also recommend Mr. Osborne. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to accept the resignation of John Onufreiczuk from the Wylie Planning and Zoning Commission and to appoint Willie Osborne to fill the unexpired term of July 2006 to July 2008. A vote was taken and passed 6-0 with Councilman White absent. Minutes—February 26, 2008 Wylie City Council Page 4 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 Ordinance caption to Ordinance No. 2008-09 into the official record. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Young to adjourn the meeting at 6:16 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—February 26, 2008 Wylie City Council Page 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 11,2008 Item Number: B Department: Purchasing (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 132-5642-58910 Date Prepared: February 26, 2008 Budgeted Amount: $50,000 Exhibits: Subject Consider, and act upon, award of a bid, in the amount of$34,600.00, to Heslink & Son Masonry for brickwork on the Fire Training Facility at Fire Station No. 2. Recommendation Motion to award a bid, in the amount of $34,600.00, to Heslink & Son Masonry for brickwork on the Fire Training Facility at Fire Station No. 2. Discussion Council has approved an allocation of$50,000.00 for improvements to the metal Fire Training Facility at Fire Station No. 2 including the addition of brick veneer on all four exterior walls of the building. Funding is available in the Fire Training Center Fund. Competitive bids have been solicited for the brickwork and two contractors have submitted bids as follows: Heslink& Son Masonry- $34,600.00 Clayton Contracting, Inc.- $49,716.00 Approved By Initial Date Department Director RC 2/26/08 City Manager trim IV ,31c (c Page 1 of 1 a�cd�,i Wedj 4 & Son d n� , _ ef J 1 lL 3400 PLEASANT VALLEY RD.•SACHEE,!MS 76048 {972)476-2874• FAX(972)476+3 14 Proposat psonSAL SuOsiiiitO l0J / Page No. of Pages D (rt/\ It•� PHONE „�j DATE N, SiktIf �� TG"'G,�r( � 2 "7-0 JOB NA . V L CITY $lAlf 0.Nt!I1P CODE y� � a 'ON JOB LOCATION ARCNItECi DA1E OFPIANS 7 5- )- f3 7�S • -� )r t? • 1 JOB PHONE ..n•,,,ur wuW.w L,rro,n n.•Iwul+end IabOr n.c•Hary to,1M companion of — grit k f eN eey /2 -r P?c,•5 T'izt }yI e 7-it I 17 1 cij . ---- f�r ci 1 ✓ts lid el�5'. r or tit, a) ALP RVC. 4 - -i-v ;0,, 74r A f�'re ci- 4,ani V (r✓d !/ -/-f e 5 •- 22 a cpYrs� er 7`Pc( Li) A 1 le ;'rt� c ever dYOvr.S� s") c/Lk H LAvr/- /4o-/-e �J�GI' �i /( heel -, cre k• kr)? l` ate, eJ •. 'yami'1 S r.�i+A a w, to �`-� / dr,,. c•-,G • • w,t*.a. eOSE n.reuy tot rat material and labor-complete In acc rdence with above weal(Cations, the ot: ----', - :fs.,24: m.nt ,G D. 00�S low,: �- �'" •^�c�✓V�c-•"� �� dollar.a / ( 60a•o G y st• malert r Is mike mad a De of 1peClto a All work to ID completed a In n and +t.n[laI wurlcmamike manner according to specifications tubmitt•d,peretmdard Adllprlted :/ urac Uces. Any outstation or deviation from above specifications Involving EMI Stanaten , colts will D.•vecul•d Only upon written orders,ana will D•Come an extra charge —..__. u.•r eno Hwy. In. st,mate,All agr..m•nte contingent upon strikes,accidents or oolays beyond ow control, Owner to carry tire, tornado and other necessary In. Now TAb14- wr.nce. Our workers art fully Covered Dy workmen's Compensation Insurance, withdrawn by g{II Oct accepted ertthlt o+n .w • ACCEPTANCE OF PROPOSAL The coo.* prices, specifications end ConCI. tlon, e.. salrtt.c tory inn are Mr•Dy accipleo. You are aulnOrtted to do the work . al+OeCItl.O.P.ym.nt will Da ma0.as Outline above. Signature Dnr of Acc.punc, SI(Mlure Wylie City Council CI_41 TY OF WYLIE AGENDA REPORT Meeting Date: March 11, 2008 Item Number: C Department: Public Services (City Secretary's Use Only) Prepared By: Bill Nelson Account Code: Date Prepared: February 18, 2008 Budgeted Amount: $10,600 Exhibits: One Subject Consider, and act upon, approval of an Encroachment on Easement agreement with Oncor Electric Delivery Company, LLC. to construct, repair, replace, remove, operate and maintain two soccer fields and two ten-foot tall backstops within an Oncor easement located in Avalon Park. Recommendation Motion to approve an Encroachment on Easement agreement with Oncor Electric Delivery Company, LLC., to construct, repair, replace, remove, operate and maintain two soccer fields and two ten-foot tall backstops within an Oncor easement located in Avalon Park. Discussion As part of FY07-08 budget process, funds were approved in the East Zone of the Park Acquisition and Improvement budget for grading and installation of two practice soccer fields, soccer goals, and two backstops. These items are to be installed in Avalon Park which is located on the southwest corner of East Brown Street and Kreymer Lane. This park is diagonally bisected by an Oncor easement (overhead power lines), and the proposed improvements will be located within the easement. Oncor will allow the City to construct the improvements within their easement upon execution of the Encroachment on Easement Agreement. The City Attorney has reviewed the proposed agreement and suggested revisions. Those revisions are included in the proposed agreement. A similar agreement was executed in 2006 to allow for construction of a hike and bike trail in another overhead power line easement located between Westgate Way and Ann Drive. Approved By Initial Date Department Director MS 2/18/08 City Manager /P r q5--/ock Page 1 of 1 Oncor Electric Delivery Ron Roark 115 W.7th Street Right of Way Agent Suite 1125 Fort Worth,Texas 76102 NCç 'R 817-215-6237 817-215-6959 ronald.roark2 @ oncor.com February 12, 2008 Mr. Bill Nelson City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Request #07-00467RR, Proposed Soccer Fields and Backstops on a Portion of E-83371 of the Royse-NW Carrollton 345kv Transmission Line ROW. Dear Mr. Nelson: Attached, please find two (2) original Encroachment on Easement documents each, pertaining to the above referenced request. Please have both documents executed, notarized and return both to my attention for final signature by Oncor and recording. Once the documents have been fully executed, I will then forward one (1) fully executed original to you for your file. You may call me at 817-215-6237 should you have any questions. Sincerely, Ron Roark Royse-NW Carrollton 345kv Royse-Ben Davis 138kv E-131998& E-131995 Request#07-00467RR ENCROACHMENT ON EASEMENT WHEREAS, Oncor Electric Delivery Company, LLC., ("Oncor"),formerly known as TXU Electric Delivery Company and successor in interest to TXU Electric Company, is the owner of an easement in Collin County,Texas,which is recorded in Volume 644, Page 325 and Volume 644, Page 316 of the Deed Records of Collin County, Texas ("Easement"); and WHEREAS, the City of Wylie, ("User"), desires permission to construct, repair, replace, remove, operate and maintain Two Soccer Fields and Two Ten Foot Tall Backstops ("Encroaching Facility")within the area or boundaries of the Easement("Easement Area")shown on the attached drawing marked Exhibit "A" and incorporated herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Oncor and User do hereby agree as follows: 1. Location of Encroaching Facility. User may locate the Encroaching Facility in the Easement Area, but only as described and shown on the attached drawing marked Exhibit"A"and incorporated herein. User may not relocate the Encroaching Facility within the Easement Area without the consent and approval of Oncor, which consent and approval shall not be unreasonably withheld, delayed or denied. User acknowledges and agrees that Oncor holds easement rights on the Easement Area;therefore, User shall obtain whatever rights and permission,other than Oncor's, that are necessary. 2. Restrictions on Use of Easement Area. User shall use only so much of the Easement Area as may be necessary to construct, maintain , repair, replace, remove and operate the Encroaching Facility. User shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or directly connected with said Encroaching Facility. At the conclusion of any construction, User shall remove all debris and other materials from the Easement Area and restore the Easement Area to the same condition it was in prior to the commencement of User's construction thereon or in as near as reasonably practical. User shall not place trash dumpsters,toxic substances or flammable material in the Easement Area. Further, if the Easement Area has transmission or distribution facilities located thereon, User shall not place, except as authorized herein, upon the Easement Area any improvements, including but not limited to, buildings, light standards, fences (excluding barriers installed around transmission towers), shrubs, trees or signs unless approved in advance in writing by Oncor. Additional general construction limitations on encroachments are described and listed in Exhibit"B", attached hereto and by reference made a part hereof. ENCROACHMENT ON EASEMENT Page 1 3. Maintenance of Encroaching Facility. User, at User's sole expense, shall maintain and operate the Encroaching Facility. Oncor will not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of User's Encroaching Facility. 4. Risk and Liability. User assumes all risks and liability resulting or arising from or relating to User's use,the existing condition or location, or existing state of maintenance, repair or operation of the encroaching facility in the Easement Area. It is further agreed that Oncor shall not be liable for any damage to the Encroaching Facility as a result of Oncor's use or enjoyment of its Easement, provided such damage could not be reasonably foreseeable. Any Oncor property damaged or destroyed by User or its agents, employees, invitees,contractors or subcontractors shall be repaired or replaced by Oncor at User's expense, provided such expense is reasonable and payment is due within 30 days of User's receipt of an invoice from Oncor. 5. Indemnification. User,to the extent allowable by law,agrees to defend,indemnify and hold harmless Oncor, its officers, agents and employees,from and against any and all claims,demands, causes of action, loss, damage, liabilities,costs and expenses (including attorney's fees and court costs)of any and every kind or character, known or unknown,fixed or contingent,for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons that may arise out of, or be occasioned by, the negligence, misconduct or omission of User, its officers, agents, associates, employees, contractors, subcontractors, sub consultants, or any other person lawfully entering onto the Easement Area or may arise out of or be occasioned by the use of the Encroaching Facility, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Oncor, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Oncor and User, responsibility and indemnity, if any, shall be apportioned comparatively. 6. High Voltage Restrictions. Use of draglines or other boom-type equipment in connection with any work to be performed on the Easement Area by User, its employees, agents, invitees, contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code,the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the Oncor power lines situated on the aforesaid easement. User must obtain Oncor's approval and notify the Forney Region Transmission Department at(972) 552-9693, 48 hours prior to the use of any boom-type equipment on the Easement Area. 7. Default and Termination. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10)days after Oncor notifies User of such default in writing, Oncor may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the users expressed written abandonment of the Encroaching Facility. ENCROACHMENT ON EASEMENT Page 2 This agreement shall extend to and be binding upon User and its successors and assigns, and is not to be interpreted as a waiver of any rights held by Oncor under its Easement. Executed this day of , 2008. APPROVAL: ONCOR ELECTRIC DELIVERY COMPANY, LLC. By: Thomas F. Newsom Attorney-In-Fact ACCEPTANCE: CITY OF WYLIE By: Name: Title: ENCROACHMENT ON EASEMENT Page 3 STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared ,as of the CITY OF WYLIE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of the City of Wylie and for the purposes and consideration therein expressed and in the capacity therein stated, and that he/she was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D.2008. Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Thomas F. Newsom, as Attorney-In-Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Oncor Electric Delivery Company LLC., and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D.2008, Notary Public in and for the State of Texas ENCROACHMENT ON EASEMENT Page 4 Exhibit A _______ \ I _______________ _________. S 4-- 3 v ouJLA. Sin ----> Y..R _ o e A k---,,— 50yd5 L o _ N k.,) ' — 5..)yets% i ---____ ( r-- b---.L.c.VAS-+.4)- to'Wti\el.C•iC.A0v,2_ --______________ ,.-... \___ -\-- 1-Sc'`" ---__________ j ,�_ Coop = Soccev' Goal Jc�� , 1 CONSTRUCTION LIMITATIONS ON ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT"B" 1. You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. 2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines. 3. Construction on electric transmission line easements acquired by Oncor after January 1,2003 shall comply with the requirements of Public Utility Commission Substantive Rules§25.101,as amended from time to time. 4. Grading will be done in order to leave the right-of-way as near as possible to present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that the slopes can be mechanically maintained. 5. Equipment and materials will not be stored on the right-of-way during construction without written approval of the Supervisor of Regional Transmission. 6. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. 7. No signs, lights or guard lights will be permitted on the right-of-way. ENCROACHMENT ON EASEMENT Page 5 8. Equipment shall not be placed within fifteen (15) feet of the power lines. 9. Any pre-approved fencing will not exceed eight (8) feet in height, and if metal in nature, will be grounded, at ten (10)feet intervals,with an appropriate driven ground. Gates should be at least sixteen (16) feet in width to allow Oncor access to the right-of-way. 10. No dumpsters will be allowed on Oncor right-of-way or fee owned property. 11. Draglines will not be used under the line or on Oncor right-of-way. 12. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge of any tower. 13. Right-of-way will be protected from washing and erosion by Oncor approved method before any permits are granted. No discharging of water will be allowed within any portion of the right of way. 14. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor structures or prevent mechanical maintenance. 15. Before any work is done under Oncor lines or by Oncor structures notify the Region Transmission Department, (817) 496-2731, or (817) 496-2736. 16. No hazardous materials will be stored on the right of way. 17. For purposes of this document, "Hazardous Materials" means and includes those substances, including, without limitation, asbestos-containing material containing more than one percent (1%) asbestos by weight, or the group of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity and includes any items included in the definition of hazardous or toxic waste, materials or substances under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present and future local,state and federal law relating to the environment and environmental conditions including, without limitation, the Resource ENCROACHMENT ON EASEMENT Page 6 Conservation and Recovery Act of 1976("RCRA"),42 U.S.C.§6901 et seq.,the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seq., the Federal Water Pollution Control Act,33 U.S.C. §1251, et seq.,the Clean Air Act,42 U.S.C.§741 et seq., the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter promulgated thereunder. 18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be burned upon or in close proximity to the conductors or towers. 19. No structures or obstructions, such as buildings, garages, barns,sheds, guard houses,etc.,will be permitted on the right-of-way. 20. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in writing. No lighting or sprinkler systems are allowed on the right-of-way. ENCROACHMENT ON EASEMENT Page 7 Wylie City Council 1/-• CITY OF WYLIE AGENDA REPORT Meeting Date: March 11, 2008 Item Number: D Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: March 5, 2008 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to execute a Utility Easement Agreement between the City of Wylie and Farmers Electric Cooperative (FEC) to provide service to Fire Station No. 3. Recommendation A motion authorizing the City Manager to execute a Utility Easement Agreement between the City of Wylie and Farmers Electric Cooperative (FEC) to provide service to Fire Station No. 3. Discussion The provision of service to the new Fire Station No. 3 requires a 10' utility easement to be located along Brown Street and within the property, east of the building. The power line along Brown Street will be buried so that there will not be an overhead line across the driveway. Approved By Initial Date i/IDepartment Director MM 3/5 08 City Manager f , b7°J Page 1 of 1 Updated I2/19/06-Eng UTILITY EASEMENT AND COVENANT OF ACCESS Farmers Electric Cooperative �r. / ' , s NAME ( 1 1 � O . ' 7 f 1 r" _ GRID qS_- - cOlr, 5 SERVICE ORDER NO.: .Y '7/ ., STATE OF TEXAS I) COUNTY OF (� C I I t v) KNOW ALL MEN BY THESE PRESENTS: That the undersigned hereinafter called"Grantor"(whether one or more)for good and valuable consideration,which may include approval and execution of an Electric Service Agreement by FARMERS ELECTRIC COOPERATIVE, INC.,2000 East interstate 30,PO Box 6037,Greenville,Texas,75403(hereinafter called the"Cooperative"),does hereby covenant access to and grant,sell and convey unto the Cooperative an easement and right-of-way upon and across the following described property of grantor: Being_ _acres of land in the frkirke►tm P(,L.,QU Survey,Abstract Number 6 s v in WIALIA County and fully described y metes and bounds in that instrument which is recorded in Volume ,Page of the Records of < County,Texas. Lott aloe k, The easement,right-of-way,rights and privileges herein granted shall be used for electric power lines and other utility lines(overhead and/or underground) consisting of poles, conductors, guy wires, anchors and associated overhead appurtenances and/or underground cable, surface mounted equipment, associated underground appurtenances, including constructing,operating,maintaining, inspecting,rebuilding,replacing,removing and relocating electric lines, transmission and distribution facilities or equipment,other utility lines,as well as reading any meter or performing any act related to the provision of utility service. The Cooperative is specifically granted pedestrian and vehicular ingress and egress. The easement rights herein described shall be no broader than reasonably necessary to provide electric and other utility service. The width of the easement shall be (/o) tc°h✓ one-half(1/2)of such distance on either side of Cooperative's overhead and/or underground facilities. The height of the easement shall be from fifteen(I5)teet beneath the surface of the ground to a height of seventy(70)feet above the ground. The easement,right and privilege herein granted shall be perpetual,appurtenant to the land,and shall inure to the benefit of the Cooperative's successors and assigns. Grantor represents that he/she is the owner of the above described tract of land and binds himself/herself, his/her heirs, assigns and legal representatives to waiTant and forever defend the easement and rights described herein to the Cooperative,its successors and assigns. The Cooperative shall have the right to use so much of the surface of the herein described property of Grantor as may be reasonably necessary to construct and install within the right-of-way granted hereby,the facilities that may at any time be necessary for the purposes herein specified. The Cooperative shall have the right to clear the right-of-way of all obstructions, to cut and trim trees within the right-of-way or use other methods as it deems necessary to clear the right-of-way. Grantor further covenants that Grantor,his/her heirs,successors and assigns shall facilitate and assist Cooperative personnel in exercising their rights and privileges herein described at all reasonable times and shall not build, construct or cause to be erected any building or other structure that may interfere with the provision of electric service or the exercise of the right granted to the Cooperative herein. The undersigned agrees that all electric power lines and other utility lines (overhead and/or underground) including any main service entrance equipment, installed on the above described lands at the Cooperative's expense shall remain the property of the Cooperative,removable at the option of the Cooperative,should said lines be abandoned. EXECUTED this day of GRANTOR: Signature Printed Name Signature Printed Name THE STATE OF TEXAS COUNTY OF BEFORE ME,the undersigned authority,on this day personally appeared known to me to be the person or persons whose name is subscribed to the foregoing instrument and acknowledged to me that he/she,executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public Signature Printed Name of Notary THE STATE OF TEXAS COUNTY OF BEFORE ME,the undersigned authority,on this day personally appeared known to me to be the person or persons whose name is subscribed to the foregoing instrument and acknowledged to me that he/she,executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public Signature Printed Name of Notary I *****EACH SIGNATURE WILL HAVE TO BE NOTARIZED OR THE EASEMENT IS UNACCEPTABLE****** DO NOT WRITE BELOW THIS LINE BROWN ST. OF _. — (ASPHALT --- v, < — --- --- -_ — — 7aJE 544i n.r c,w� a , ry i©'© ma ® ' u) _ - _ _ 0 ��f — vli FF ?III 3oY T •k,,, $bl — i ; :r __ __ __ __ • , .. , , fie, ArL '\ lIL: /.r/;✓,-%:III SE i _ • ••111 \ '. r 1, , ,.......... .1 �� / A • ■ • �� '�', _ Qi PROPOSED , LOT 1,BLOCN A /I I ME FIRE STATION/ #3 =-_ Tse ACRES -- •• • FFE 531. /O EASTRIOGE AOOITION I I ,1 N VOL.F.PACE 715 " L � � I K 41 try , ? ✓ IL �� 11,11 /1 k 1 • „.. 11 Il I \ .., _ --' ' 1 T 1 j GED , " y —590OOi!•E— 51 E — '� -mum Mall \ yO F) \ b lict N, il \ , _, . __ .., I H—O -u¢ Z •LE u¢ , ,,¢ vrt Id' ' • e e'ss -ss — — - - — — — — - —_—_-__.. -_ ____. - . _ - -_-- -_—_ EASTRIDC[ADD RON 1 vOL F.PACE D feC IS INS 1J1 C' ZONED SF-1o;z< INOI Oa <KA, //77 _ EA 5¢avnfi 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 11, 2008 Item Number: 1 Department: Finance Department (City Secretary's Use Only) Revenue Account 100-4000-44156 Prepared By: Larry Williamson Account Code: Expense Account 100-5521-56140 $20,000 in Revenues Date Prepared: February 26, 2008 Budgeted Amount: $20,000 in Expenses Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-10 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$20,000 to pay expenses relating to recreation classes in the Parks and Recreation Department and to add $20,000 to the Parks and Recreation Department's revenues to reflect the fees earned from these recreation classes; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation A motion approving Ordinance No. 2008-10 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$20,000 to pay expenses relating to recreation classes in the Parks and Recreation Department and to add $20,000 to Parks and Recreation Department revenues to reflect the fees earned from these recreation classes; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion This item is an accounting item for the Finance Department and a management tool for the Parks and Recreation Department. Last year the Parks and Recreation Department paid expenses for it recreation classes out of an expense account called Special Services as they should have. However, the revenues collected from the classes were also deposited in the same account, effectively washing out the expenses. Many city departments have used this procedure in past years for small programs, donations, etc. From an accounting prospective this is not General Accepted Accounting Procedures and one could argue it circumvents the appropriation authority of Council. Additionally, from a managerial perspective it is very difficult to match program revenues with program expenses when both flow through the same account. This will become much more important when the new Recreation Center is operational. It is for these reasons we would ask you to approve this amendment. It does not have any budgetary impact. Approved By Initial Date Department Director LW 2/ /0 City Manager /l► 3 J 6q Page 1 of 1 ORDINANCE NO. 2008-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2007-29 (2007-2008 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $20,000 TO PAY EXPENSES RELATING TO RECREATION CLASSES IN THE PARKS AND RECREATION DEPARTMENT AND TO ADD $20,000 TO PARKS AND RECREATION DEPARTMENT REVENUES TO REFLECT THE FEES EARNED FROM THESE RECREATION CLASSES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous from an accounting perspective to amend the 2007-2008 budget adopted by Ordinance No. 2007-29 in order to more accurately reflect the nature of certain transaction using General Accepted Accounting Principals. WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the City's goals of providing better management information through its financial accounting system. WHEREAS, the City Council has further investigated and determined that such appropriation will be offset with corresponding revenues and that it will be beneficial and advantageous to the citizens of Wylie to amend the 2007-2008 budget by adopting Ordinance No. 2007-29 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2007-29 (2007-2008 Budget). Ordinance No. 2007-29 (2007-2008 Budget) is hereby amended to allow for the following appropriation: Twenty thousand dollars ($20,000) be appropriated to Revenue Account 100- 4000-44156 (Recreation Class Fees); and Twenty thousand dollars ($20,000) be appropriated to Expence Account 100- 5521-56140 (Recreation Class Expenses) SECTION 3: 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 Ordinance No.2008-10 Ordinance Amending 2007-2008 BUDGET Appropriation of Funds for Recreation Classes Page 1 prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: 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 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of March, 2008. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2008-10 Ordinance Amending 2007-2008 BUDGET Appropriation of Funds for Recreation Classes Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: March 11, 2008 Item Number: 2 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: 411-5811-56040 Date Prepared: February 26, 2008 Budgeted Amount: $581,646.56 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-11 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$581,646.56 for the purpose of returning funds previously collected by the City of Wylie for the construction of Hensley Lane to the Wylie Independent School District; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation A motion to approve Ordinance No. 2008-11 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$581,646.56 for the purpose of returning funds previously collected by the City of Wylie for the construction of Hensley Lane to the Wylie Independent School District; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion The City of Wylie received $519,686 from the Wylie Independent School District in 2005. The check was deposited into a Revenue Account not an escrow account. With interest earning as per our agreement, the amount due WISD is $581,646.56. In order for the City to return these funds to WISD, the City Council needs to appropriate the funds. The funds will be coming out of the Streets Capital Project Fund. Approved By Initial Date Department Director LW 2/26/08 City Manager /lttrlt /5'/Cg Page 1 of 1 ORDINANCE NO. 2008-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2007-29 (2007-2008 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $581,646.56 FOR THE PURPOSE OF RETURNING FUNDS PREVOUSLY COLLECTED BY THE CITY OF WYLIE FROM WYLIE INDEPENDENT SCHOOL DISTRICT FOR THE CONTRUCTION OF HENSLEY LANE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to amend the 2007-2008 budget adopted by Ordinance No. 2007-29 in order to return $581,646.56 to Wylie Independent School District that was collected by the City of Wylie for the construction of Hensley Lane. WHEREAS, the City Council has entered into a Interlocal Cooperation Agreement with the Wylie Independent School District agreeing to return these funds collected by the City so that the Wylie Independent School District can construct a portion of Hensley Lane themselves. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2007-29 (2007-2008 Budget). Ordinance No. 2007-29 (2007-2008 Budget) is hereby amended to allow for the following appropriation: Add an additional $581,646.56 to account 411-5811-56040 SECTION 3: 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 4: 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. Ordinance No.2008-11 Ordinance amending 2007-2008 Budget Appropriation of funds to return funds to WISD Page 1 SECTION 5: 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 1 lth day of March, 2008. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2008-11 Ordinance amending 2007-2008 Budget Appropriation of funds to return funds to WISD Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 03-11-08 Item Number: 3 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 02-28-07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase a 0.2755 acre tract known as Lot 8, Railroad Industrial Park and further authorizing the WEDC to enter into debt in the amount of$180,000. Recommendation Motion authorizing the WEDC to purchase a 0.2755 acre known as Lot 8, Railroad Industrial Park and further authorizing the WEDC to enter into debt in the amount of$180,000. Discussion Attached for your review is a Real Estate Sales Contract between the WEDC and Joseph M. Cazad and Karen D. Cazad. The Contract calls for the WEDC to purchase the 0.2755 acre lot along with the 3,900 square foot facility for $200,000. Furthermore, the purchase will be financed by a to-be-determined local financial institution over a period of one-hundred twenty months. The WEDC has distributed a Request for Proposal to Texans Credit Union, Chase Bank, Capitol One, American National, and Inwood National. The RFP was designed with the assistance of Larry Williamson. Bids will not be opened until Monday, March 10th at which time the WEDC will approve the purchase documents and RFP for financing. The timing is rushed because of a requirement by Cazad that the closing take place on March 17, 2008. The property was officially under contract on February 25,2008. As a reminder, the WEDC owns two other properties in the area. The first property is a 0.92 acre tract purchased from Mr. Don Hughes with frontage on State Highway 78 with the second tract being a 0.31 acre tract purchased from Prime Kuts Distributing, Inc. The WEDC leases two facilities located on the Hughes tract and a third facility located on the Prime Kuts tract. The WEDC also intends to lease the Cazad facility with the intent of offsetting the debt service associated with the purchase. The WEDC Board of Directors views investment in the Industrial Court area as a minimum 5 year hold in terms of redeveloping the existing facilities into a use more complimentary to the State Highway 78 corridor. While Page 1 of 2 Page 2 of 2 architectural designs have been created to conceptualize what that redevelopment may look like in the future, the WEDC is not set on one particular vision of what Industrial Court may look like in the future. Staff can say however that the WEDC goals do not include purchasing properties further north of the lot being considered based upon the redevelopment which has already occurred in facilities housing Keller Williams and Wylie Printing. Approved By Initial Date Department Director (y�S//S�,,OA 2/28/07,3/S/D A City Manager / b REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN THIS REAL ESTATE SALES CONTRACT(this"Contract") is made by and between, Joseph M. Cazad and Karen D. Cazad, 7438 Moses Drive, Wylie,Texas 75098 ("Seller"),and the WYLIE ECONOMIC DEVELOPMENT CORPORATION,a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended, ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I. 1.01. Seller hereby sells and agrees to convey by Special Warranty Deed (the"Deed"), and Purchaser hereby purchases and agrees to pay for, that certain real estate,and any improvements located thereon, being approximately 0.2755 acres of property,more or less, known as Lot 8,Railroad Industrial Park, located in the City of Wylie, Collin County, Texas, as generally depicted in the attached Exhibit A (the"Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular,the rights and appurtenances pertaining to the property, including any right,title and interest of Seller in and to adjacent streets,roads,alleys or rights-of-way, and including any right, title and interest of Seller in all oil,gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property, (all of such real property, rights, and appurtenances being hereinafter collectively referred to as the "Property"), for the consideration and upon the terms and conditions hereinafter set forth. REAL ESTATE SALES CONTRACT-Page 1 of 13 ARTICLE II. PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price (herein called the"Purchase Price")for said Property shall be the sum of TWO HUNDRED THOUSAND AND NO/100ms DOLLARS ($200,000.00). Payment of Purchase Price 2.02. Payable in all cash at closing. ARTICLE III. PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within ten(10) days after the execution date of this Contract, Seller, at Seller's sole cost and expense, shall have caused Commonwealth Land Title(Baron Cook), 108 B, W. Marble,Wylie,Texas 75098 (the"Title Company")to issue a preliminary title commitment(the "Title Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements,rights-of-way,and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. Survey 3.03. Within ten (10) days after the execution of this Contract, Seller shall,at Seller's sole cost and expense, cause to be delivered to Purchaser a current plat of survey ("Survey") of REAL ESTATE SALES CONTRACT-Page 2 of 13 the Property,prepared by a licensed Texas surveyor acceptable to the Purchaser. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception at the Purchaser's expense (except as to"shortages in area") from the Owner's Title Policy to be issued by the Title Company, and shall be certified to the Purchaser and the title company. The Survey shall comply with the requirements of the Texas Surveyor's Association for a Category lA Condition II Survey and shall contain a certificate and such other information as Purchaser may reasonably request. The Survey shall be staked on the ground, and the plat shall show the location of all improvements,highways, streets,roads,railroads,rivers, creeks, or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements,and rights-of-way on or adjacent to the Property and shall set forth the number of total number of acres and square feet comprising the Property. Review Period 3.04. Purchaser shall have five(5) days (the"Review Period") after Purchaser's receipt of the later of the Survey, Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them(the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser,but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances,the lien for current taxes, restrictive covenants affecting the Property and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions (the"Permitted Exceptions") and Purchaser shall not be entitled to object to the status of title,the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained REAL ESTATE SALES CONTRACT-Page 3 of 13 in the Objection Notice within two (2) days after receipt of same,Purchaser may, by written notice delivered within two (2) days thereafter,terminate this Contract and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Feasibility Period 3.05. Purchaser shall have a period of twenty(20) calendar days commencing on the effective date of this Contract within which to inspect the Property and determine if the same is suitable for Purchaser's intended use (the"Feasibility Period"). In connection therewith, Seller agrees that within five(5) days of the Effective Date hereof, Seller shall provide Purchaser,to the extent they exist and are in Seller's possession,with all engineering reports and environmental reports pertaining to any part or all of the Property, and any existing lease in place. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion,then this Contract shall terminate and all earnest money heretofore delivered by Purchaser to Title Company, save and except the sum of $100.00 which shall be considered non-refundable option money, shall be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract,this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary;provided, that Purchaser shall indemnify and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's occupation. REAL ESTATE SALES CONTRACT-Page 4 of 13 ARTICLE IV. CLOSING 4.01. The Closing shall be at the law offices of the Title Company, three(3) days following the expiration of the Feasibility Period (which date is herein referred to as the"Closing Date"). 4.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions,except for the following: (1) General real estate taxes for the year of closing and subsequent years not yet due and payable; (2) Any exceptions approved or waived by Purchaser pursuant to this Contract; and (3) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser, at Seller's sole cost and expense, a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property,subject only to those title exceptions listed in this Contract, such other exceptions as may be approved in writing by Purchaser or waived by Purchaser,and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy containing a survey exception deletion, except as to shortages in area. (c) Deliver to Purchaser possession of the Property. REAL ESTATE SALES CONTRACT-Page 5 of 13 4.03. At the Closing, Purchaser shall deliver to Seller the cash portion of the Purchase Price. All state, county, and municipal taxes for the then current year relating to the Property, if any, shall be prorated as of the Closing Date. Seller shall be responsible for any"rollback taxes" that maybe assessed to the Property. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value,the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition,the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 4.04. Each party shall pay any attorney's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract, or if the Contract is silent, as is usual and customary for real estate transactions in Collin County,Texas. ARTICLE V. REAL ESTATE COMMISSIONS 5.01 It is expressly understood and agreed that the no real estate brokers have been REAL ESTATE SALES CONTRACT-Page 6 of 13 involved in the negotiation and consummation of this Contract. ARTICLE VI. ESCROW DEPOSIT 6.01. Upon the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this Contract,Purchaser shall deliver to the Title Company,a funds in the amount of$5,000.00 as the Escrow Deposit which shall apply toward the Purchase Price at closing. Notwithstanding anything to the contrary herein, $100.00 of the Escrow Deposit shall be non-refundable and shall constitute independent consideration for Seller's performance under this Contract. ARTICLE VII. CASUALTY 7.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing,the improvement or improvements on the Property shall be damaged or destroyed by fire or other casualty, Purchaser may either terminate this Contract by written notice to Seller or close.- If Purchaser elects to close, despite said damage or destruction,there shall be no reduction in the Purchase Price, and Seller shall assign to Purchaser Seller's right,title and interest in and to all insurance proceeds, if any, resulting or to result from said damage or destruction. ARTICLE VIII. REPRESENTATIONS 8.01. As a material inducement to the Seller and Purchaser to execute and perform its obligations under this Contract,the Seller hereby represents and warrants to the Purchaser as of the date of the execution of this Contract, and through the date of the Closing, as follows: REAL ESTATE SALES CONTRACT-Page 7 of 13 (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge,there are no actions, suits, or proceedings(including condemnation)pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation, claims, condemnations, or sales in lieu thereof,contracts of sale, options to purchase or rights of first refusal with respect to any aspect of the Property,nor have any such actions, suits, proceedings, claims or other such other matters been threatened or asserted. (e) Seller has no knowledge of any violation of any ordinance,regulation, law or statute of any government agency or instrumentality pertaining to the Property or any portion thereof which has not been complied with. (f) Seller shall not transfer, convey,mortgage, encumber, lease or otherwise assign or dispose of the Property,nor any interest therein,without the express written consent of the Purchaser,nor shall Seller cause, create or allow any lien, claim or encumbrance, of any kind or character, voluntarily or involuntarily,to be placed upon the Property, or any interest therein. (g) All requisite resolutions,and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right,power and authority to execute, deliver and early out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract,the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment, order or decree of any court having jurisdiction over Seller or the Property. (h) Seller is not a"foreign person"as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (i) To the best of Seller's knowledge,the Property is free from and/or has not been used for(i)the storage,holding, existence,manufacture,release,treatment, abatement,removal, disposition, handling,transportation, or disposal of any Hazardous Materials,from,under, into or on the Property or(ii)the existence of any"Endangered Species" on the Property. "Hazardous Materials"shall mean(i) any"hazardous waste"as defined by the Resource Conservation and Recovery REAL ESTATE SALES CONTRACT-Page 8 of 13 Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii)any"hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980(42 U.S.C. Section 9601 et seq.) ("CERLA"),as amended from time to time, and the regulations promulgated thereunder; (iii) any petroleum-based products; (iv)any substance which by any Governmental Requirements requires special handling or notification of any federal, state or local governmental entity in its collection, storage,treatment,or disposal; and (iv) any other substances which are now classified or considered to be hazardous or toxic under Governmental Requirements. "Endangered Species" shall mean any species which is described pursuant to the U.S.Endangered Species Act of 1973, as being in danger of extinction throughout all or a significant portion of its range. ARTICLE IX. BREACH BY SELLER 9.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may obtain the return of the Escrow Deposit as liquidated damages or pursue specific performance, as its sole and exclusive remedies. ARTICLE X. BREACH BY PURCHASER 10.01. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in this Contract having been satisfied,and Purchaser being in default and Seller not being in default hereunder, Seller may receive the Escrow Deposit as liquidated damages as its sole and exclusive remedy. ARTICLE XI. 1031 EXCHANGE 11.01. The parties agree to cooperate with each other to allow the Seller, at no expense to the Purchaser,to complete a 1031 tax free exchange with the closing of this transaction. REAL ESTATE SALES CONTRACT-Page 9 of 13 ARTICLE XII. MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties,as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail,postage prepaid, certified mail, return receipt requested, addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County,Texas. Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Nondisclosure (e) Neither party shall disclose to any person or entity the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party. REAL ESTATE SALES CONTRACT-Page 10 of 13 Leczal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal,or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. Attorney's Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. REAL ESTATE SALES CONTRACT-Page 11 of 13 Memorandum of Contract (k) Upon the request of either party,both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance (1) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance. Effective Date of Contract (m) The term"effective date of this Contract" as used herein shall mean the later of the two(2)dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the parties. Counterparts/Facsimile (n) This Agreement may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] REAL ESTATE SALES CONTRACT-Page 12 of 13 Executed on the dates set forth at the signatures of the parties hereto. SELLER: BY: 'v Cr., Q/z/o Jos ph M.Cazad Date Executed: BY: <a U • ad Karen D. Cna 2 n Date Executed: Li L PURCHASER: WYLIE ECONOMIC DEVELOPMENT CORPORATION,a Texas corporation By:� -�_ �� l Samuel D.R. Satterwhite,Executive Director Date Executed: TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the Earnest Money on �1951 d'66 gi and accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: COMMONWEALTH LAND TITLE BY: ei-111/6 PRINTED NAME: hri5-(� 1765k-cc TITLE:_ ESC(C!LJ ADDRESS: v$ "f L. lui!{-R.b L.ky I t --roc ` ct Fs Telephone4144473$'I Fax 'I -(uc[2_'I!L i- PREPARED IN THE LAW OFFICE OF: Abernathy,Roeder,Boyd&Joplin,P.C. 1700 Redbud, Suite 300 McKinney, Texas 75069 214.544.4000 214.544.4044(fax) REAL ESTATE SALES CONTRACT-Page 13 of 13 ��1'l .p.11.•r�a1. 111,•• •4'6 ICI 0. •I.I1.r Cr"' 11 •w I•e N MI NwYa str•ar.1.11 aw.rr� 'e Adel.•.N {r.). •11101 OtlOA311 '110lN'11rJ"B MAMBA 000.0111 e111. VI..'VW•• w.s ' . •Y'1••,...net qw.)W r1•reP i •rq romps..rw IN . 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BZ:II I'd tZ l�1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 11, 2008 Item Number: 4 Department: CM (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: March 5, 2008 Exhibits: Resolution/Agreement Subject Consider, and act upon, Resolution No. 2008-10(R) authorizing the City Manager to execute an Interlocal Boundary Agreement between the City of Wylie, Texas and the City of Sachse, Texas. Recommendation Motion approving Resolution No. 2008-10(R) authorizing the City Manager to execute an Interlocal Boundary Agreement between the City of Wylie, Texas and the City of Sachse, Texas. Discussion A portion of the right-of-way for the extension of McCreary Road goes across land within Sachse city limits, owned by the City of Sachse. This boundary agreement releases that land from Sachse's jurisdiction which will simplify the process for the construction and maintenance of the road. Once the Boundary Agreement has been executed, the City of Sachse will initiate their disannexation process. The proposed Agreement was approved by the City Council of the City of Sachse on February 21, 2008. Approved By Initial Date Department Director MM 3/5 08 City Manager 1 c3 G' Page 1 of 1 RESOLUTION NO. 2008-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL BOUNDARY AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND THE CITY OF SACHSE, TEXAS. WHEREAS, the City Council of the City of Wylie has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas to enter into an Interlocal Boundary Agreement with the City of Sachse, Texas. WHEREAS, the City of Sachse and the City of Wylie are adjacent municipalities and desire to make mutually agreeable changes to their boundaries of areas that are less than one thousand (1,000) feet in width; and WHEREAS, the cities desire to adjust their mutual boundary so as to allow more efficient development and delivery of city services to the area and has determined that the adjustment of the mutual boundary is in the best interest of the citizens of each city; and WHEREAS, the City of Sachse will deannex three small tracts of land of needed right- of-way and the City of Wylie will in turn provide an improved thoroughfare roadway (McCreary/Maxwell Creek Road). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council of the City of Wylie hereby approves and authorizes the City Manager to enter into an Interlocal Boundary Agreement with the City of Sachse, Texas and to execute necessary documents pertaining thereto. SECTION 2: This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of March, 2008. John Mondy, Mayor ATTESTED Carole Ehrlich, City Secretary Resolution No.2008-10(R) Interlocal Boundary Agreement with the City of Sachse,Texas mho City of at City Manager's Office February 21, 2008 Ms. Mindy Manson City Manager 2000 Highway 78 North Wylie,Texas 75098 Dear Mindy: Enclosed are two signed copies of the Boundary Adjustment Agreement between Wylie and Sachse for the McCreary/Maxwell Creek Road project. This item was approved at our February 21, 2008 City Council agreement, along with Resolution No. 3034. Please execute both copies and return one copy of the agreement to us for our files. Should you have any questions, please feel free to give me a call. We look forward to work beginning on this project. Sincerely; Allen Barnes, CPM City Manager AB/dv Enclosures 5560 Highway 78, Sachse, Texas 75048 Phone: (972) 495-1212 Fax: (972) 530-0426 RESOLUTION NO. 3034 Whereas, The City of Sachse and the City of Wylie are adjacent municipalities and desire to make mutually agreeable changes to their boundaries; and Whereas, The City of Sachse will deannex 3 small tracts of land of needed right- of-way and the City of Wylie will in turn provide an improved thoroughfare roadway (McCreary/Maxwell Creek Road); and Whereas, the City of Sachse owns all three tracts and there are no residents on said tracts of land; and Whereas, both cities are in agreement that this project will mutually benefit both cities. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SACHSE, TEXAS THAT: That the City Council hereby approves the boundary adjustment agreement with the City of Wylie and authorizes the City Manager to execute the same and any documents necessary to complete this transaction. Passed, approved, and adopted this 18th day of February, 2008. APPROVED: //' 127- MAYO ATTEST: CITY S CRETA Y STATE OF TEXAS § § Boundary Adjustment Agreement COUNTY OF DALLAS § This Agreement (the "Agreement") is made and entered into by and between the City of Wylie, Texas, ("Wylie"), and the City of Sachse, Texas, ("Sachse"), acting by and through their respective authorized representatives. RECITALS WHEREAS, Sachse and Wylie are adjacent municipalities and desire to make mutually agreeable changes to their boundaries of areas that are less than one thousand (1,000) feet in width; and WHEREAS, Wylie's western boundary is in part contiguous with the eastern boundary of Sachse; and WHEREAS, this existing boundary does not presently allow for the efficient development and delivery of city services to the area in question; and WHEREAS, the cities desire to adjust their mutual boundary so as to allow more efficient development and delivery of city services to the area; and WHEREAS, representatives of Wylie and Sachse have met and agreed on a mutually acceptable boundary; and WHEREAS, the parties find and determine that the adjustment of the mutual boundary is in the best interest of the citizens of each city. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises expressed herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: I. Statement of Intent and Purpose 1.1 It is the intent of Wylie and Sachse to modify their respective boundaries in the following manner: a. A ±1.7782 acre tract of land owned by The City of Sachse, being more particularly described in Exhibit "Al," attached hereto and incorporated as if set forth herein; b. A ±0.1420 acre tract of land owned by The City of Sachse, being more particularly described in Exhibit "A2," attached hereto and incorporated as if set forth herein; and BOUNDARY ADJUSTMENT AGREEMENT-Page 1 24943 c. A ±0.7546 acre tract of land owned by The City of Sachse, being more particularly described in Exhibit "A3," attached hereto and incorporated as if set forth herein. 1.2 The purpose of this Agreement is to express the intent of Sachse and Wylie to make mutually agreeable changes to their boundaries of areas that are less than one thousand (1,000) feet in width. To accomplish this objective, Sachse agrees to release a portion of its city so as to allow Wylie to include the same. II. Term This Agreement shall commence on the last date all parties have executed the Agreement (the "Effective Date") and continue until all actions and proceedings necessary to complete the adjustment of the boundaries contemplated herein are completed. III. Relinquishment of Territory 3.1 Sachse agrees that it will disannex and does hereby waive and release its extraterritorial jurisdiction rights existing by reason of those certain tracts of land described in Exhibits "Al," "A2," and "A3," attached hereto and made a part hereof for all purposes in favor of Wylie pursuant to Section 43.031 of the Texas Local Government Code. It is expressly agreed and understood that this waiver and release shall operate only in favor of Wylie, and shall not constitute a waiver of any right or a release of any extraterritorial jurisdiction which Sachse may assert against any other municipality. 3.2 Upon the disannexation and waiver of extraterritorial jurisdiction by Sachse hereto as provided above, the boundaries of Sachse and Wylie shall be adjusted accordingly subject to annexation/disannexation actions by each party as contemplated below. IV. Annexation Wylie agrees that it will proceed in the manner authorized by law to annex the property described in Exhibits "Al,"A2," and "A3." V. Service Plan Upon annexation of the property described in Exhibits "Al, "A2," and "A3," by Wylie, Wylie agrees to immediately begin implementation into the affected area of the service plan attached hereto and made a part of this Agreement as Exhibit"B." VI. BOUNDARY ADJUSTMENT AGREEMENT-Page 2 24943 Miscellaneous 6.1 Governing Law. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Wylie County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 6.2 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when placed in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the person set out below: If intended for the City of Wylie: City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 with a copy to: Richard M. Abernathy Abernathy, Roeder, Boyd & Joplin, PC 1700 Redbud Boulevard, Suite 300 McKinney, Texas 75069 If intended for the City of Sachse: City Manager City of Sachse 5560 State Highway 78 Sachse, Texas 75048 with a copy to: Amber L. Slayton Nichols, Jackson, Dillard, Hager and Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 6.3 Severability. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Agreement, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Agreement,which shall remain in full force and effect. BOUNDARY ADJUSTMENT AGREEMENT-Page 3 24943 6.4 Recitals. The recitals to this Agreement are incorporated herein. 6.5 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.6 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. Signature page to follow BOUNDARY ADJUSTMENT AGREEMENT-Page 4 24943 EXECUTED this "9 day of A k L'e=), y , 2008. CITY OF SACHSE,TEXAS Allen-Brn , tty Manager / APPROVED AS TO FORM: By: Amber L. Slayton, City Attorney EXECUTED this day of , 2008. CITY OF WYLIE,TEXAS By: Mindy Manson, City Manager APPROVED AS TO FORM: By: Richard M. Abernathy, City Attorney BOUNDARY ADJUSTMENT AGREEMENT—Page 5 24943 EXHIBIT Al LEGAL DESCRIPTION BOUNDARY ADJUSTMENT AGREEMENT—Page 6 24943 EXHIBIT "A " DEANNEXATION OF PART OF THE RIGHT-OF-WAY FOR McCREARY ROAD 1.7782 ACRES W.M. SACHSE SURVEY,ABSTRACT NO. 835 CITY OF SACHSE, COLLIN COUNTY, TEXAS BEING a tract of land out of the W.M.Sachse Survey,Abstract Number 835, in th'City of Sachse,Collin County,Texas,and being.a portion of a called 1.4112 acre tract of land described as Tract II in deed to the City of Sachse,recorded in Volume 2344, Page 375 of the Land Records of Collin County,Texas, a portion of a called 9.32 acre tract of land described in deed to Texas Power&Light,recorded in Volume 574,Page 411 &Volume 2325, Page 730 of the Land Records of Collin County, Texas,and a portion of a called 5.5445 acre tract of land describod in deed to the City of Sachse,recorded in Volume 2344, Page 375 of the Land Records of Collin County,Texas,and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found in the north line of the beforementioned 9.32 acre tract for the southwest corner of a called 68.995 acre tract of land described as Tract One North in deed to Woodbridge North Commercial I,LTD.,recorded in Volume 5971,Page 1125 of the Land Records of Collin County,Texas,same being the southeast corner of the beforementioned 1.4112 acre tract; THENCE leaving the south line of the 1.4112 acre tract and the 68.995 acre tract and across the 9.32 acre tract, South 00°23'41"East,passing at a distance of 150.05 feet a 1/2-inch iron rod found for the common corner of the 9.32 acre tract,the beforementioned 5.455 acre tract,and a called 55.820 acre tract of land described as Tract One South in deed to Woodbridge North Commercial I,Ltd., recorded in Volume 5971, Page 1125 of the Land Records of Collin County,Texas,in all a distance of 217.07 feet to a fence post found for the most southerly western common corner of the 5.5445 acre tract and the 55.820 acre tract; THENCE leaving the common line of the 5.5445 acre tract and the 55.820 acre tract,and across the 5.5445 acre tract,the following courses and distances to wit: 0 -North 22°44'30"West,a distance of 69.06 feet to a point for corner and the beginning of a curve to the right; N -Northwesterly,with the curve to the right,through a central angle of 00°13'18",having a radius of 910.00 feet,and a chord bearing and distance of North 22°37'50"West,3.52 feet,and arc distance of 3.52 feet to a point for corner in the northerly CV common line of the 9.32 acre tract and the 5.5445 acre tract; THENCE with the common line of the 9.32 acre tract and the 5.5445 acre tract, South 89°49'51"West,a distance of 69.17 feet to a point for the common corner of the 9.32 acre tract,the 5.5445 acre tract,and a tract of land described in deed to Jauniece M. Kinney&Karen Lobb, recorded in Volume 3814, Page 325 of the Land Records of Collin County,Texas; THENCE leaving the common corner of the 9.32 acre tract,the 5.5445 acre tract,and the Kinney/Lobb tract,and across the 9.32 acre tract, North 00°02'12"West, passing at a distance of 150.05 feet the common corner of the 9.32 acre tract,the 1.4112 acre tract,and a called 9.863 acre tract of land described as Second Tract in deed to Harold Criswell,recorded in Volume 4005, Page 2258 of the Land Records of Collin County,Texas,passing at a distance of 738.10 feet a 5/8-inch iron rod found for the common corner of the 9.863 acre tract,the 1.4112 acre tract,and a called 9.863 acre tract of land described as First Tract in deed to Harold Criswell, recorded in Volume 4005, Page 2258 of the Land Records of Collin County,Texas,in all a distance of 816.11 feet to a point in the easterly line of the 9.863 acre tract for the common corner of the 1.4112 acre tract,the 9.863 acre tract,and the 68.995 acre tract; THENCE_with the common line of the 1.4112 acre tract and the 68.995 acre tract, the following courses and distances to wit: 0 F T� S .� --South 85°25'54"East,a distance of 92.00 feet to a point for corner; ��`„ -South 00°23'41"East,a distance of 658.47 feet to the ':' POINT OF BEGINNING and containing 1.7782 acres r' JOHN MCAIN (77,460 square feet)of land. - 4097 Bearing system based upon the Texas Coordinate System of 1983, -. _ North Central Zone(Grid Azimuth) 9�G •`FU�` • ^y�� .01 is Page 1 of 3 =� Ire.IlroriM, .0) **'.N\ LEGEND: IRFC IRON ROD FOUND WITH CAP IRSC = IRON ROD SET WITH "KHA" CAP VOL. = Volume PG. = Poge L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS N W �� E 1 inch = 100 ft. CALLED 9.863 ACRES HAROLD W. CRISWELL S8525'54"E (FIRST TRACT) 92.00' VOL. 4005, PG. 2258 5/8'IRSC L.R.C.C.T. 5/8"IRSC 1.7782 ES (77,460 SQRFT.) 5/8' IRF 2 CV Lcirl O F 0 06" 966' N A� p U((i) U��ti 1jw Z N!QnF Q_ (6 U n CALLED 9.863 ACRES a N—' HAROLD W. CRISWELL o U` • -' CWOODBRIDGE NORTH ALLED 68.995 LT S (SECOND TRACT) >. 1 e COMMERCIAL I, LTD. VOL. 4005, PG. 2258 v (TRACT ONE NORTH) L.R.C.C.T. VOL. 5971, PG. 1125 L.R.C.C.T. E j ( W 41 (/) W _ v s' c c MATCHLINE (See Page 3 of 3) EXHIBIT "B" M DEANNEXATION OF PART OF THE RIGHT-OF-WAY FOR McCREARY ROAD 1.7782 ACRES W.M. SACHSE SURVEY, ABSTRACT NO. 835 Page 2 of 3 CITY OF SACHSE, COLLIN COUNTY, TEXAS Oran sndMptiM,iu� 1 LEGEND: IRFC = IRON ROD FOUND WITH CAP N IRSC == IRON ROD SET WITH "KHA" CAP VOL. = Volume PG. -= Page W ----�— E L.R.C.C.T. LAND RECORDS (' OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS S (See Page 2 of 3) 1 inch 100 ft MATCHLINE CALLED 1.4112 ACRES w CITY OF SACHSE CALLED 68.995 ACRES TRACT 11VOL. 2344, PG. 375 N�j WOODBRIDGE NORTH N COMMERCIAL I, LTD. L.R.C.C.T. •o In (TRACT ONE NORTH) CALLED 9.863 ACRES o VOL. .5971, PG. 1125 HAROLD W. CRISWELL cf) POINT OF I L.R.C.C.T. (SECOND TRACT) BEGINNING VOL. 4005, PG. 2258 L.F?.C_CI 1/2"IRF CALLED 9.32 ACRES N w TEXAS POWER & LIGHT VOL. 574, PG. 411 & N co f� A=0'1 3'1 8' VOL. 2325, PG. 730 o ao R=910.00' LR.C.C.T. L 1.7782 ACRES o cv N (77,460 SQ. FT.)--Z__ 0o cTi L=3.52' f cn CH=N22'37'50"W CL=3.52 ry 5/8"IRSC E"IRSC_ arlj2"IRF S89 49'51"Wj 69.17' / 5/E IRSC n I c.) tal N22'44'30"W FENCE POST CALLED 55.820 ACRES FNo. WOODBRIDGE NORTH 69.06' W COMMERCIAL I, LTD. , JAUNIECE M. KINNEY U c" (TRACT ONE SOUTH) Lr & KAREN LOBB Q i VOL. 5971, PG. 1125 VOL. 3814, PG. 325 v Q v L.R.C.C.T. U L.R.C.C.T. 1- v r; . c NJ E W�_ r JIV0- v, In I.I Q 41 - '•-kG.'OF . T' £ if,„ ale* L tor F ., EXHIBIT "B" JOHN VICAIN n <U •DEANNEXATION OF PART OF THE / ,0 4097 ,w." L. RIGHT-OF-WAY FOR McCREARY ROAD 9tia , a ---kVo o 1.7782 ACRES '1 o, 1 . x W.M. SACHSE SURVEY, ABSTRACT NO. 835 Page 3 of 3 CITY OF SACHSE, COLLIN COUNTY, TEXAS ran rhani ,it EXHIBIT A2 LEGAL DESCRIPTION BOUNDARY ADJUSTMENT AGREEMENT-Page 7 24943 (-- EXHIBIT "A" DEANNEXATION OF PART OF THE RIGHT-OF-WAY FOR McCREARY ROAD 0.1420 ACRES W.M. SACHSE SURVEY, ABSTRACT NO. 835 CITY OF SACHSE, COLLIN COUNTY, TEXAS • BEING a tract of land out of the W.M. Sachse Survey,Abstract Number 835, in the City of Sachse, Collin County, Texas, and being a portion of a called 5.5445 acre tract of land described in deed to the City of Sachse, recorded in Volume 2344, Page 375 of the Land Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found in the south line of a called 9.32 acre tract of land described in deed to Texas Power& Light, recorded in Volume 574, Page 411 &Volume 2325, Page 730 of the Land Records of Collin County,Texas, same being the most northerly northeast corner of the aforementioned 5.5445 acre tract of land and the northwest corner of a called 55.820 acre tract of land described in deed to Woodbridge North Commercial I, LTD., recorded in Volume 5971, Page 1125 of the Land Records of Collin County,Texas; Thence South 00°23'41' East,with the common line of said called 5.5445 acre tract and the said called 55.820 acre tract, a distance of 67.03 feet to a fence post found for the POINT OF BEGINNING; THENCE North 85°39'08" East, with the common line of said called 5.5445 acre tract and said called 55.820 acre tract, a distance of 60.41 feet to a fence post found for corner; THENCE South 01°27'12" East,with the common line of said called 5.5445 acre tract and said called 55.820 acre tract,a distance of 310.12 feet to a 5/8-inch iron rod with cap stamped "KHA"set for the beginning of a curve to the left; fsi THENCE west, leaving the common line of said called 5.5445 acre tract and said called 55.820 acre tract and across said called 5.5445 acre tract, along said curve to the left,through a central angle of 21°17'17", having a radius of 810.00 feet, and a chord bearing and distance of North 12°05'51"West, 299.23 feet, an arc length of �,' 300.95 feet to a 5/8-inch iron rod with cap stamped "KHA"set for the end of the curve; THENCE North 22°44'30"West, continuing across said 5.5445 acre tract, a distance of 13.94 feet to the POINT m OF BEGINNING and containing 6,185 square feet(0.1420 acres)of land. Bearing system based upon the Texas Coordinate System of 1983, North Central Zone(Grid Azimuth) 4) i L,''',' N J ix 0 AO_..OF , . ?, * : C* r, JOHN VICAIN M aLl . . n 400 / ' \E. In r '� ��i X t��tjNJ�/ Page 1 of 2 1 icon LEGEND: IRFC = IRON ROD FOUND WITH CAP T to IRSC = IRON ROD SET WITH '•KHA" CAP n a- w VOL. = Volume e- c> ; .? v: r PG. = Page L.R.C.C.T. LAND RECORDS L. '` C)r ' Ci OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. - OFFICIAL PUBLIC RECORDS ' '~ I - OF COLLIN COUNTY, TEXAS v C' v w t N �-� - W J— E w ti a-6 CALLED 68.995 ACRES CALLED 9.863 ACRES `r—Q d'— WOODBRIDGE NORTH ' HAROLD W. CRISWELL o in COMMERCIAL I, LTD. N-•1 (TRACT ONE NORTH) S (SECOND TRACT) Lu k. VOL. 5971, PG. 1125 VOL. 4005, PG. 2258 v ,' inch 100 ft.. co L.R.LRC.C.T L.R.C.C.T. • Q v POINT OF CALLED 9.32 ACRES COMMENCING TEXAS POWER & LIGHT VOL. 574, PG. 411 & ,eE VOL. 2325 PG. 730 . _ — L.R.C.C.T. S 00'23'41" E 1 - - - _ " 67,03' FENCE POST FND. CALLED 55.820 ACRES ,,; JAUNIECE M. KINNEY WOODBRIDGE NORTH & KAREN LOBE COMMERCIAL 1, LTD. VOL. 3814, PG. 325 (TRACT ONE SOUTH) L.R.C.C.T. d VOL. 5971, PG. 1125 POINT OF %� -N 85'39'08" E L.R.C.C.T. F' BEGINNING `'� U, 60.41' N 22'44'30" W 13.94' yq.45 ps£ v n 5• GN / 0.1420 ACRES ,pl-i-EO OF 5 PG• 375 ►v ►N23 4, Gj . (6,185 SO. FT.) G C • OF N VOL• L•R m •t GNTE • .• 4 1, #f� .6=21'17'17" 4 , nfr frit F ��° R=810.00' �, HIV i L=300.95' (14 (.) JOHN VICAIN o } wP� c C:=N12'05'51"W N 0� 4097 % CL=299.23' o 9 O�F.,�����P�Q c'2 oT C) SUR���jf EST %F ra. } �, M I-_ -, t. Q VJ pG 757 U 0(n 5/8"IRSC i M' - ' N 5 P 6vOC. 66R.C.0 T EXHIBIT "B" , - ' o - r DEANNEXATION OF PART OF THE 41 RIGHT-OF-WAY FOR McCREARY ROAD 0.1420 ACRES v „ X ` W.M. SACHSE SURVEY, ABSTRACT NO. 835 Page 2 of 2 CITY OF SACHSE, COLLIN COUNTY, TEXAS ��13 =Ire. EXHIBIT A3 LEGAL DESCRIPTION BOUNDARY ADJUSTMENT AGREEMENT—Page 8 24943 EXHIBIT "A" DEANNEXATION OF PART OF THE RIGHT-OF-WAY FOR McCREARY ROAD 0.7546 ACRES W.M. SACHSE SURVEY, ABSTRACT NO. 835 CITY OF SACHSE, COLLIN COUNTY, TEXAS BEING a tract of land out of the W.M.Sachse Survey,Abstract Number 835,in the City of Sachse,Collin County,Texas,and being a portion of a called 5.5445 acre tract of land described in deed to the City of Sachse,recorded in Volume 2344,Page 375 of the Land Records of Collin County,Texas,and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found in the south line of a called 9.32 acre tract of land described in deed to Texas Power& Light,recorded in Volume 574,Page 411 &Volume 2325,Page 730 of the Land Records of Collin County,Texas,same being the most northerly northeast corner of the aforementioned 5.5445 acre tract of land and the northwest corner of a called 55.820 acre tract of land described in deed to Woodbridge North Commercial I,;LTD.,recorded in Volume 5971,Page 1125 of the Land Records of Collin County,Texas; Thence South 00°23'41"East,with the common line of said called 5.5445 acre tract and said called 55.820 acre tract,a distance of 67.03 feet to a fence post found for corner; Thence North 85°39'08"East,continuing with the common line of said called 5.5445 acre tract and said called 55.820 acre tract,a distance of 60.41 feet to a fence post found for corner; Thence South 01°27'12"East,continuing with the common line of said called 5.5445 acre tract and said called 55.820 acre tract,a distance of 582.46 feet to a 5/8-inch iron rod with cap stamped"KHA"set in the east line of a called 0.5436 acre tract of land r cs described in deed to the City of Sachse, recorded in Volume 1974,Page 971 of the Land Records of Collin County,Texas,for the ry POINT OF BEGINNING: E5 THENCE South 42°18'44"East,continuing with the common line of said called 5.5445 acre tract and said called 55.820 acre tract,a distance of 149.79 feet to a 5/8-inch iron rod with cap stamped"KHA"set for the beginning of a non-tangent curve to the right; THENCE southerly,leaving the common line of said called 5.5445 acre tract and said called 55.820 acre tract and across said called 5.5445 acre tract,along said curve to the right,through a central angle of 17°06'47",having a radius of 910.00 feet,and a chord bearing and distance of South 10°54'45"West,270.79 feet,an arc length of 271.80 feet to a 5/8-inch iron rod with cap stamped"KHA"set for the end of the curve on the north line of a called 99.694 acre tract of land described in deed to North Texas Q Municipal Water District,recorded in Volume 2281,Page 358 of the Land Records of Collin County,Texas; F THENCE South 88°33'38"West,along the common line of said called 5.5445 acre tract and said called 99.694 acre tract.a distance of 108.03 feet to a 5/8-inch iron rod with cap stamped"KHA"set for the beginning of a curve to the left; L THENCE northerly,continuing across said called 5.5445 acre tract,along said curve to the left,through a central angle of 23°39'02",having a radius of 810.00 feet,and a chord bearing and distance of North 10°22'19"East,331.98 feet,an arc length of 334.35 feet to a 5/8-inch iron rod with cap stamped"KHA"set for the end of the curve; L1 THENCE North 01°27'12"West,continuing across said called 5.5445 acre tract and along the common line of said called 5.5445 acre tract and said called 0.5436 acre tract,a c distance of 52.83 feet to the POINT OF BEGINNING and containing 32,871 square feet or(0.7546 acres)of land. 0 f.TE j Bearing system based upon the Texas Coordinate System of 1983, *' L` North Central Zone(Grid Azimuth) JOHN VICAIN , 097 I ( USES' :J ki.•�� %UR`IE' g.• Page 1 of 3 \\\ ��� ad AnorYYR Ira •••/// i - LEGEND: IRFC = IRON ROD FOUND WITH CAP 111 IRSC = IRON ROD SET WITH "KHA" CAP VOL. - Volume PG. - Poge L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. - OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY. TEXAS Wit) W • — E N v a v CALLED 68.995 ACRES �1 i} VetU WOODBRIDGE NORTH I CALLED 9.863 ACRES ¢ COMMERCIAL 1, LTD. HAROLD W. CRISWELL —o cc, q N •-• (TRACT ONE NORTH) S (SECOND TRACT) ru VOL. 5971, PG. 1125 -.1— _i 1 inch 100 ft. VOL. 4005, PG. 2258 ci o L.R.C.C.T. L.R.C.C.T. v c 1/2" 1RF IPOINT OF CALLED 9.32 ACRES COMMENCING TEXAS POWER & LIGHT VOL. 574, PG. 411 & t VOL. 2325, PG. 730 r/2" rRF -- L.R.C.C.T. N S 00'23'41" E -> 67.03' FENCE P051 / /�"''� FND. CALLED 55.820 ACRESRTH `„ // 1,1 WOODBRIOGE NORTH COMMERCIAL I, LTD. JAUNIECE M. KINNEY (TRACT ONE SOUTH) & KAREN LOBB VOL. 5971, PG. 1125 VOL. 3814, PG. 325 • N 8`J'39 08 E L.R.C.C.T. L.R.CC.T. u 60.41' Y In R£PC o 445 SE rc D5S3'SvCALLESY0' pG C C344' T A VOL-* L R•C.0 N o A, 0• �� pC� cn w oa yA+ Y % N / u U/ j /µ / MItiD. 57 c 60� P ij6N• CC /EXHIBITn�" - 00E0R � DEANNEXATION OF PART OF THE MATCH LINELJ RIGHT-OF-WAY FOR McCREARY ROAD (See Page 3 OF 3) • 0.7546 ACRES N W.M. SACHSE SURVEY, ABSTRACT NO. 835 Page 2 of 3 CITY OF SACHSE, COLLIN COUNTY, TEXAS nun .>a km.4 ....) MATCH LINE See Page 2 OF 3 / J // N W � — E mfi . ''s 0 POINT OF I S > v .o= Oho } BEGINNING 3-: =r�U(Pi IV I- a c,�cca • I inch == 100 ft.. rr a to v) U IP c.3 J v,o -1-V 0)_ LO OWE J Ct U U O, 5/8- IRSC' FENCEFND.OST CALLED 55.820 ACRES COMMERIDGECIAL NORTH 0 S COMMERCIAL I, LTD. I— w t (TRACT ONE SOUTH)UTH) VOL 5971, PG. 1125 �d9 52.83' 5 • IRSC /2.<9 LR.C.C.T.� 0R D,CS _, Vt. ���� q5 0, t � �5 susesc 6=17'O6`47, 4 ' cP�cp5 . p 23 c• C:c• R=910.00' +'PO I `O' �R L=271.80' CB=S10'54'45"W rh CL=270.79' `v /). �.- c., CALLED 0.5436 AC. !- ------) )- 0�, �' CITY OF SACHSE C'`, Ij VOL. 1974, PG. 971 I `S Ci L.R.C.C.T. II C' F 2�3'39'02" `‘• •,- R810.00' 0.7546 ACRES 1 L=334.35' (32,871 SQ. FT.) Y CB=N 10'22'19"E • CL=331.98' 51er kg5c _ _ = ' — �asc LEGEND: 5,— IRFC = IRON ROD FOUND WITH CAP S 88.33`38" W , IRSC = IRON ROD SET WITH "KHA" CAP 108.03, VOL. = Volume PG. = Page z L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS r O.P.R.C.C.T. _= OFFICIAL PUBLIC RECORDS t OF COLLIN COUNTY, TEXAS u � �F r• EXHIBIT "B" J01IN VICAIN q, DEANNEXATION OF PART OF THE • �RIGHT-OF-WAY FOR McCREARY ROAD � "20, ?P•oe 0.7546 ACRES �� �y •° vSUi- I W.M. SACHSE SURVEY, ABSTRACT NO. 835 Page 3 of 3 1'2 CITY OF SACHSE, COLLIN COUNTY, TEXAS ' EXHIBIT B SERVICE PLAN As required by Texas Local Government Code Section 43.056, following is the Service Plan for the property described and depicted in Exhibit B, which is attached to and made a part of this service plan. As the result of a series of negotiations, the cities of Wylie and Sachse have agreed to a boundary adjustment covering the property described and depicted in Exhibit «B ,� Background of Proposed Annexation The City of Wylie has requested that Sachse consider a boundary adjustment at the common boundary between Wylie and Sachse, as described in Exhibits "Al," "A2," and"A3" to the Boundary Adjustment Agreement. The property is less than 1,000 feet in width and qualifies under Section 43.031 of the Texas Local Government Code for a mutually agreeable municipal boundary adjustment. The City of Wylie agreed to accept the ±1.7782, ±0.1420, and +0.7546 acre tracts of land, currently located in the City of Sachse, into the City of Wylie. Schedule of Municipal Services A. Police Protection Police enforcement and protection services are to be provided by the extension of patrol into the annexed area and by response from the Wylie Police Department to individual requests beginning on the effective date of the annexation ordinance. B. Fire Protection (including emergency medical services) Fire protection personnel and equipment, and emergency medical personnel and equipment shall be provided to the annexed area upon request beginning on the effective date of the annexation ordinance. C. Solid Waste Collection Solid waste collection service is to be provided to the annexed area in accordance with City of Wylie ordinances, resolutions, and regulations beginning on the effective date of the annexation ordinance. D. Water Service 1. Water service is to be provided to the annexed area in accordance with City of Wylie ordinances, resolutions, and regulations beginning on the effective date of the annexation ordinance. 2. Water mains are to be extended to serve individual owners in the annexed area in accordance with City of Wylie ordinances, resolutions, and regulations. BOUNDARY ADJUSTMENT AGREEMENT-Page 9 24943 3. As development and construction of subdivisions commence within the annexed area, water mains are to be extended with City participation in the costs of these extensions in accordance with City of Wylie ordinances, resolutions, and regulations. E. Sanitary Sewer Service 1. Wastewater service is to be provided to the annexed area in accordance with City of Wylie ordinances, resolutions, and regulations beginning on the effective date of the annexation ordinance. 2. Sanitary sewer mains are to be extended to serve individual owners in the annexed area in accordance with City of Wylie ordinances, resolutions, and regulations. 3. As development and construction of subdivisions commence within the annexed area, sanitary sewer mains are to be extended with City participation in the costs of these extensions in accordance with City of Wylie ordinances, resolutions, and regulations. F. Maintenance of Roads and Streets 1. Street maintenance and other street services are to be provided to the annexed area in accordance with City of Wylie ordinances, resolutions, and regulations beginning on the effective date of the annexation ordinance. 2. As streets are constructed in undeveloped portions of the annexed areas, the City is to participate in the cost of construction, acceptance upon completion, maintenance, and other services in accordance with City of Wylie ordinances, resolutions, and regulations. G. Parks and Recreation All of the City of Wylie parks and recreation facilities are to be available for use by residents of the annexed area beginning on the effective date of the annexation ordinance. H. Library Service All of the City of Wylie library facilities are to be available for use by residents of the annexed area beginning on the effective date of the annexation ordinance. Street Lighting The City of Wylie is to provide for the placement of street lights in accordance with practices in all other areas of the city. J. Traffic Engineering Necessary traffic studies are to be performed to determine the need for installation of street identification signs and proper traffic control BOUNDARY ADJUSTMENT AGREEMENT-Page 10 24943 devices within the annexed area in accordance with City of Wylie ordinances,resolutions, and regulations. K. Planning and Zoning. The planning and zoning jurisdiction, including the subdivision platting process, of the City of Wylie extend to the annexed area. L. Storm Drainage (including flood plain regulations) Studies are to be conducted to ascertain the limits of the 100-year floodplain in order to place the zoning flood plain prefix on any appropriate areas. M. Capital Improvements Wylie will initiate the acquisition or construction of capital improvements necessary for providing services adequate to serve the area annexed within two years after the effective date of the annexation ordinance. Any necessary capital improvements will be substantially completed within 4 1/2 years after the effective date of the annexation ordinance. N. Miscellaneous General municipal administrative and code enforcement services of the City of Wylie will be provided to residents of the annexed area, beginning on the effective date of the annexation ordinance. This Service Plan, for the annexation of property to the City of Wylie, has been prepared by the Department of Development Services of the City of Wylie, with assistance from other city departments, in conformance with the requirements of Texas Local Government Code Section 43.056 and the Wylie City Charter. Prepared this day of February, 2008. BOUNDARY ADJUSTMENT AGREEMENT-Page 11 24943 ________________ _ /. .4 i._ ...., J,„".. +.m. N O. 5-4 1 .. / A ri - r. ./• il .��. 'i it / : I II 5..., s.era-r i� • ,1I '1 AiNeolTY'r �_�uafft M6R' I. / yip °°°° `'Q" �ia� .rOSwti N Nemer % ,L - I:11SZA i "FE II O.14Z0A �,� i:.!LiJi ( ,i 14_,,,,... .._. • _, ,:,.,,,,./. v.v., ,, ..,...,111 I % ,..;__. i /)1. �,� —25,.•r'� a 'r / \ I1lit, � ' 0.'7546,A e i“ Li M t-1.) _ L. 01.60.14 ': t t ir aree ,rn 07i i • f/i i l 1)1i \-----7------Lt______ - -.. . ,�,#.$11011p It lir/ Ilk e ' -Y • AT iAa mIn oI I oA-me fll*r s * 2. 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Is\ rk t• v---:Mtir N.NYNT �.—�Lik 0-1 �Y L►MI-15 I N.. \ 4\716 b N warm-T 10 -- 13 ii r r���� �AN.� n1. me it 4: 0://immuss iflio"-- — . .------Th IF / Op 41' .t ii. # 1 ll 111 Lit U ��lk11,0rdtchw: gam am �1111111111g / 7TT} \ l ----1------ ,-----7 \ -I V,* � n - owl & %k m /1�11111111/ k, i t.: "a ws_::iNunIn11111 mill Oslo ,,�j�----) j ��//�•�� : 1111111111111111n Ii LJrb -L S. 111111111n//� • t 100 IN in ump �� L , � � .p � �� � `- -i i l i i � �1il ■►.I ag i f i ---1--J----1 --1---i---1 .. .. _\i,1 1 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 11, 2008 Item Number: 5 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: March 3, 2008 Budgeted Amount: Exhibits: One Subject Consider, and act upon, the acceptance of the resignation of Willie Osborne, alternate for the Zoning Board of Adjustment and the appointment of a new member to the Zoning Board of Adjustment for the unexpired term of July 2007 to July 2009. Recommendation A motion to accept the resignation of Willie Osborne and the appointment of to the Zoning Board of Adjustment. Discussion Staff is requesting the appointment of a new Alternate Zoning Board member to replace Mr. Willie Osborne, who has recently been appointed to the Planning and Zoning Commission. Per the Local Government Code the City Charter and the Zoning Ordinance the ZBA is to consist of 5 regular members with the local option to appoint 2 alternates. The alternates are only called to attend a meeting when one of the 5 regular members cannot attend. In order to be in conformance with the Ordinance, it is recommended that an appointment be made to fulfill the unexpired term of July 2007 to July 2009. Approved By Initial Date Department Director RO 03 03/08 City Manager NW( 3 S /01; Page 1 of 1 From: willie osborne [mailto:willieosborne©msn.com] Sent: Wednesday, February 27, 2008 1:24 PM To: City Secretary Cc: Mary Bradley Subject: Resignation Letter for my appointment of Alternate- Zoning Board of Adjustments As of February 27, 2008: I am turning in my resignation of Alternate- Zoning Board of Adjustments member to fulfill my appointment to The Planning and Zoning Board. Willie Osborne Phone: 972-575-8560 E-mail: willieosborne@msn.com i// Gayle Walton From: Carole Ehrlich Sent: Wednesday, May 09, 2007 8:14 AM To: Gayle Walton Subject: FW: Board Volunteer Gayle, Here is a new application for B & C. Carole Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: John Manganilla [mailto:b15527@yahoo.com] Sent: Wednesday, May 09, 2007 12 :56 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - John Manganilla DATE_OF APPLICATION - 5/9/207 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Zoning Board of Adjustment THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME_ADDRESS - 3303 Francis Dr HOME_PHONE - 972-575-8592 HOME FAX - HOME EMAIL - b15527@yahoo.com RESIDENT_YEARS 3 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - Right-of-Way agent BUSINESS_ADDRESS - 6101 Frisco Square Blvd. BUSINESS_PHONE - 972-292-5433 BUSINESS_FAX - BUSINESS EMAIL - jmanganilla@friscotexas.gov WHY_INTERESTED - I would like to serve my fellow citizens and be involved in the community which I live. I would also like to help maintain Wylie's reputation of being a great place live and raise a family. Submit - Submit End of form information Appitr e_0 0 ,o cX' Jr 1 JUN.12'2001 lb:14 9 !L429144Z NICOM CONSTRUCTION 41t-/ / P.UU1/U01 _Board & Commission Application Sprin.g 2007 Please return your completed application to the City Secretary's Office at 2000 Highway 78 North,Wylie,Texas 75098. r Name: la RYA N D . 2 t>6E R.5' Please indicate your first, second and third preference below. 3 . Construction Code Board i Planning&Zoning Board Library Board _ _Wylie Economic Development Corporation Board Parks& Recreation Board 2 Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board Yes,I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: 511 CZur 'tc PLAGE. - Business Owner? ❑Yes R40 2144- C"otJ$T ..warp& Telephone; '773-t:"�'b0 Fax: Businessi!tame: hj�i„t I;-mni.l:C3RY.46.1 Cv IJIcram4014611'W GT OW.copA Occupation s►rapig&../P. r I have been a Wylie Resident for J years Business Address:j2.p IZ .GENGY Registered.voter? Plies NoTelephone: 2'3-tS'AD }�- Have you ever or do you currently serve on any city boards? 0 Yes FAO If so, what board/city and dates? Are you involved in any community activities?(Civic or Hobbies) ❑ Yes 0 No Please indicate briefly why you would like to be appointed to a Board or Commission: 1.61214 t-o, 4 won. H,1.L 114 v✓KiaG- w.1.ta-i sL. wit,a i.A4. t of TNF C t1 Y D' ON A 4a*=4Kt.At 130A S. I v.1LJ CAPAL.C./._1c _774AT JIlertieeLT eh,*. CALtimIJN(T�LgeI....T_.►t-17..lwl.G t�►�[ Pf�AG1*C L tsar.r.SOA .rGE To v E IAI A M/4.14Nett. Tsai.' wit-L. 6,11.4 '-' 'TI4G 4TM0i„ MICYtE. OF. Ov - 'T(. 1 am aware of the meeting dates and times of Ike board/commission I have applied and 4(appointed,I agree to serve on the Board/Comntisswn which I have applied,or would consider an alternate appointment to a second or third service preference. Zit 2/07 S fnrc 0 Date FOR OFFIC1 UST ONJ.Y !i I i , Date Application Received 17$*Appltc�ntt't OY l D)`ti 1f>E(b,: ictnti't re.vibii1/11►aer td,on Board • Dwebsite Dninil Din person Dretcrtal I wSlSaper el+Itte,glinonrCaYcs r No . (dates) Applicant Interview Scheduled: Appoirtnncntin*d 5) `. '1 'Tel Expires DSratement&Oath Completed .p ►d uppai.A m to madt et this'time;rninin applicatlod tot•one yparr. • Appitco ir' e0,077gc1 ri ,4 it willil/� serve As zBoA /�/1`�'rz�,�r Gayle Walton From: Carole Ehrlich Sent: Friday, February 08, 2008 2:39 PM To: Gayle Walton Subject: FW: Board Volunteer Gayle, See below for inclusion with the agenda item for 2-26. Thanks! Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: Cydnee Combest [mailto:ibcyds@msn.com] Sent: Friday, February 08, 2008 1: 44 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Cydnee Combest DATE OF APPLICATION - 02/08/2008 FIRST CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME ADDRESS - 1530 Windward Lane, wylie, TX 75098 HOME PHONE - 972-429-7110 HOME FAX - none HOME EMAIL - ibcyds@msn.com RESIDENT YEARS - 5 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - Head Statistical Research Assistant BUSINESS ADDRESS - 1650 Legacy Drive, Plano, TX 75024 BUSINESS PHONE - 972-431-6080 BUSINESS—FAX - 972-431-9065 BUSINESS EMAIL - ccombest@jcpenney.com WHY INTERESTED - I have been a resident of Wylie since July 2002 . I have one son who has graduated from Wylie High School one currently attending Wylie High School, one attending Dodd Elementary and one who will be entering Dodd in 2009. I have a vested interest in the future of my family and I feel I should be a part of the planning of that future on a social and governmental level as well as the duties of parenting. My children have participated in athletics sponsored by the Parks and Recreation Board as well as the family time spent playing at the parks. I also want to make sure the decisions made as to the industry brought to Wylie and the housing and infrastructure plans are the best for the future of our city. Submit - Submit End of form information ��/��'�9 `76 SCR()t �S 2 7 oA A.)T a/tjTe • AAA 4pILcJ4JT r 8 1