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08-23-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA August 23, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the regular City Council Meeting of August 9, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for WISD Center Addition, generally located at 951 Ballard Street. (C. Thompson,Planning& Zoning Director) C. Consider and act upon a Final Plat for Wylie Lakes Phase lA and 1B, generally located east of Forrest Ross Road and south of Skyview Drive. (C. Thompson,Planning& Zoning Director) D. Consider and act upon authorizing the Mayor to enter into an agreement with SBC through the Department of Information Services (DIR) for Internet Access and Long Distance Service. (M. Roath, City Manager) E. Consider and act upon authorizing the Mayor to sign an Interlocal Agreement with the North Texas Municipal Water District to locate a 400 MHz repeater antenna on an existing 200' foot radio tower. (S. English,Fire Chief) INDIVIDUAL CONSIDERATION Tabled Item from 8-16-05 Motion to remove from table and: 1. Consider and act upon approval of Resolution#2005-25(R) ordering a bond election to be held in the City of Wylie, Texas, making provision for the conduct of the election and resolving other matters incident and related to such election. (M.Roath, City Manager) Executive Summary On March 22,2005,the City adopted Ordinance#2005-12,which created a Citizen Bond Advisory Committee(CBAC)that was charged with making"recommendation(s)to the City Council . . . about the total amount of the Bond issuance and the specific projects to be included in the proposition(s) presented to the voters." The CBAC held six meetings on April 28, May 12,May 19,June 2,June 16 and July 6,2005. On July 26,2005,the CBAC recommended a Bond Program to the City Council. In turn, the City Council reviewed the CBAC's recommendations on August 16, 2005, which the Council modified after discussing said revisions with the CBAC. PUBLIC HEARING 2. Hold the first of two Public Hearings to discuss acceptance of the proposed Ad Valorem Tax of $0.695 per $100 valuation and Calculation of an Effective Tax Rate for Fiscal Year 2005-2006. (L. Williamson,Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearing must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on August 23`d. A 2nd public hearing is scheduled for August 30t. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 13t. 3. Consider and act upon Ordinance No. 2005-38 amending the fees, policies and procedures of the Bart Peddicord Community Center. (M. Sferra,Public Services Director) Executive Summary Staff reviewed the fees and policies at the Bart Peddicord Community Center and concluded that with the rising costs of staff and the fact that fees have not been changed since the Center has opened in 1997, it is time for a change. Staff researched the fees and policies of surrounding cities only to find that for comparable facilities Wylie is not receiving the revenue it could be. 4. Consider and act upon approval of the Wylie Economic Development Corporation FY 2005—2006 Budget. (S Satterwhite, WEDC Director) Executive Summary Provided for your review is the proposed WEDC FY 2005—2006 Budget. The WEDC has reviewed the proposed budget and will approve the same on August 22, 2005. Council will note that there are significant increases over FY 2004—2005 within the following line items: incentives,advertising,and debt service. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. WQRKSESSWIN • Council training for web-mail use for email (S. Doville,IT Technician) ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 19th day of August, 2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed 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. MINUTES Wylie City Council Tuesday, August 9, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: Assistant City Manager Mindy Manson, City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Library Director Rachael Orozco, Public Services Director Mike Sferra; Fire Chief Shan English; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff members INVOCATION&PLEDGE OF ALLEGIANCE Pastor Dave Eden of the New Hope Christian Church gave the invocation and Councilman Newsom led the Pledge of Allegiance. CITIZENS PARTICIPATION No citizens were present to address Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the regular City Council Meeting of July 26, 2005 and the Special Called Meeting/Work Session of August 1,2005. (C. Ehrlich, City Secretary) B. Consider and act upon a request from the Diva Dolls to sell tickets to a "Red Hat Society Chapter," event to be held at the Bart Peddicord Community Center on August 20, 2005. (R.Diaz,Asst. Parks Superintendent) C. Consider and act upon award of a contract to Jeske Construction Company, in the amount of $272,904.50, for the construction of the Valentine Drainage Project. (C. Hoisted, City Engineer) D. Consider and act upon approval of Amendment No. 2 to the Engineering Services Agreement for Water, Wastewater and Roadway Impact Fees, in the amount of$7,500.00, to Birkhoff, Hendricks& Conway,L.L.P. (C.Hoisted, City Engineer) Minutes—August 9,2005 Wylie City Council Page 1 E. Consider and act upon a construction contract awarding a bid to Saber Development, in the amount of$80,464.00, for replacement of a water line in the alley between Second Street and Third Street (C.Holsted, City Engineer) F. Consider and act upon approval of a change order to Site Concrete, Inc., in the amount of $26,975.50, for the purchase and installation of a 6-inch meter, RPZ, and vault. (C. Holsted, City Engineer) G. Consider and act upon approval to purchase a new Fire, Police, Dispatch, and EOC Radio System,through Comtex. (S. English, Fire Chief) Council Action A motion was made by Councilman Newsom seconded by Councilman Young to remove Item G from the Consent Agenda. Consensus of Council was to remove and consider under individual consideration items. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve Items A through F of the Consent Agenda as presented. A vote was taken and passed 7-0 INDIVIDUAL CONSIDERATION G. Consider and act upon approval to purchase a new Fire, Police, Dispatch, and EOC Radio System,through Comtex. (S. English, Fire Chief) Councilman Newson asked Chief English if Motorola was discontinuing the service on the existing radio system. Chief English stated yes they were. Councilman Newsom asked what type of system the Comtex would be. Chief English replied that it was a Motorola system. Chief English stated that the engineer with Comtex had recommended this system. Chief English stated that Rockwall had some problems with the repeaters but he believed these problems had been resolved. He stated that to join the City of Plano's system and place a repeater in Wylie, the cost would be $1.8 million. Councilman White stated that the City of Rockwall bought a LTR system and abandoned it after two weeks of service. He asked that Chief English check with the City of Rockwall before purchasing the equipment to see if an alternative system would be more appropriate. Chief English stated that he would check with the City of Rockwall and report back to council regarding the LTR system vs. EDAC system by the end of the week and before the purchase of the system. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Item G as presented. A vote was taken and passed 7-0. Tabled Item from 7-26-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tem Hogue to remove Item#2 from the table. Consensus of Council was to remove and consider. Minutes—August 9,2005 Wylie City Council Page 2 1. Consider and act upon the Citizen Bond Advisory Committee recommendations for possible projects in a Bond Election. (M.Roath, City Manager) Staff Comments Assistant City Manager Manson addressed council stating that on July 26, 2005; the Citizen Bond Advisory Committee presented their recommendations to the City Council. During the question and answer portion, the City Council raised a number of questions regarding such issues as the amount necessary to finance the Bond Program, the proposed bond resolution, election campaigning, a possible pre-survey, potential election dates, a possible marketing plan, additional details on the various projects and comparable area facility information. Presented tonight are answers to those various questions within the packet. Council Discussion Mayor Mondy stated that presented in the packet was information requested at the last meeting. He asked Council to table this item to hold an additional work session to further review controlling the tax rate and debt release and to discuss project priorities and communications avenues to notify the public with regards to the proposed bond package.Mayor Pro Tem Hogue requested that the work session be a joint work session with the CBAC to discuss particular projects recommended by the CBAC. Public Comments Sharon Dowdy residing at 325 Callie Court, Wylie Texas addressed Council stating that she hoped that in the consideration of the bond package, Council would carefully consider the following items: Why the improvement of Brown Street to Anson Road ends at Anson Road with the proposed new High School being considered in that area.Drainage problems that were discussed during the 1999 bond project need to be re-addressed during the 2005 discussion. Attention should be given to improving the drainage throughout the city and consider impact fees or residential responsibility to correct the problems. If state highway funding is available in the future why is it better to move forward now and require the taxpayers to pay for these improvements?The recreation center seems more than the City needs at this time. With only 146 children involved in the 2005 Wylie Wave,how many were turned away and does this constitute a new recreation center.The Wells property was purported to be for parks and nature trails not a recreation center and other buildings. What is the plan for the aquatic center and what will the maintenance and liability exposure to the City be. Consideration should be given to placing a new library at the same location as the current library and the new City Hall at the current location of that facility. Ms.Dowdy asked that if a poll was taken, that the cost for each proposition along with the project be discussed when disseminating the information to the public. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to table discussion of Item#1 to a Special Called Joint Work Session between the CBAC and Council on August 16, 2005 for further discussion and possible consideration of a resolution calling the election. A vote was taken and passed 7-0. PUBLIC HEARINGS 2. Hold a Public Hearing and consider and act upon Ordinance No. 2005-35 approving a change in zoning from Planned Development (PD) District to Down Town Historic (DTH) District, property being generally located at the southwest corner of Ballard Avenue and Brown Street. ZC 2005-14(C. Thompson,Planning&Zoning Director) Minutes—August 9,2005 Wylie City Council Page 3 Staff Comments Planning and Zoning Director Thompson addressed Council stating that the subject property is located at 311 North Ballard, within the Downtown Historic District at the southwest corner of Brown and Ballard. The current PD (01-14) was approved to allow multiple use of a structure,prior to adoption of the current Zoning Ordinance which established the DTH District and allows such mixed use by right. The PD limits the nonresidential use of this lot to 45%,a restriction which does not apply to other residentially—designed structures within the DTH. The request is to remove the special conditions, most of which have been incorporated into the ZO, and comply with the standard requirements of the DTH. He explained that a simple majority vote is required for approval. PUBLIC HEARING Mayor Mondy opened the public hearing at 6:35 p.m. Mr. Frank Banfill (applicant) residing at 1207 Mobile Lane, Wylie, Texas addressed Council during the public hearing explaining the ministerial travel business (Ministry Travel.com) and the reasoning behind the request for a change in zoning to accommodate the business. He stated that the parking had been addressed and the drainage would be addressed and corrected as needed. With no one else present to speak, the Mayor closed the public hearing at 6:41 p.m. Council Discussion Councilman Young asked if the applicant would need to come back to Council in the event he wanted to use the property for residential use. Mr. Thompson replied that this would add flexibility to the case allowing the applicant to use the property for non residential or residential uses or any combination thereof. There would need to be a garage added if the property reverted back to residential before a CO could be issued.Councilman Newsom asked if any other residences could open an antique store in their residence. Mr. Thompson replied that anyone in the Historic District could do that. Mayor Mondy asked if the drainage issue has been addressed. City Engineer Holsted stated that he was in the process of addressing the drainage with the applicant for resolution. Mayor Mondy asked about no parking signs along the street adjacent to the Catholic Church. Mr. Holsted stated that he would discuss that with TxDOT. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance #2005-35 (Zoning Case #2005-14) changing zoning from Planned Development (PD) to Down Town Historic (DTH)District.A vote was taken and passed 7-0. 3. Hold a public hearing and consider and act upon Ordinance No. 2005-36 approving a change in zoning from Agriculture (A) to Planned Development (PD) District, generally located west of Sage Creek Phase VII (Springwell Parkway/Riverway Lane), south of the Sage Creek 8 Addition and north of the Wooded Creek Addition. ZC 2005-15 (C.Thompson, Planning& Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the subject property is east of Sage Creek 4 and 7, south of Sage Creek 8 and north of Wooded Creek Additions. The proposal is to accommodate expansion of the existing Sage Creek subdivision with somewhat larger lots. Planning and Zoning Commission recommends approval with stipulations that the minimum dwelling size (2,000 sq. ft. minimum with 50% larger than 2,400 sq. ft.) include only air conditioned space and that a maximum of 10% of the porches may be as small as 14 sq. ft. The PD also provides for the dedication of 30 acres of Muddy Creek floodplain as public park land(Park Board recommends acceptance of this land), and the extension of Wooded Creek Ave. to provide traffic relief(Park Minutes—August 9,2005 Wylie City Council Page 4 Board recommends against this route in favor of a Midstream alignment and the Engineer concludes that no relief street is required). A simple majority vote is required for approval. Applicant Comments Mr. Bruce Prine(applicant) residing at 14800 Montfort#100, Dallas, Texas (applicant) addressed Council stating that with the new development,the traffic would actually be lessened for all residents and quality homes would be built in the proposed development. He stated that all issues and concerns addressed at the last hearing had been corrected. PUBLIC HEARING Mayor Mondy opened the public hearing at 6:55 p.m. Several citizens including: Jim Byrne residing at 3104 Bryce Dr.,Wylie Texas Vicki Dessart,residing at 3201 Candlebrook,Wylie Texas Scott McMurdie residing at 1012 Meaeandering Dr.,Wylie Texas Sharaise Reynolds residing at 903 Glen Lakes,Wylie,Texas Bruce A. Miller Jr. residing at 1100 Midstream Drive, Wylie,Texas (in favor of Phase 9 but not in favor of the proposed bridge) addressed Council in favor of this zoning case stating the builder was a quality builder and that the HOA board was in favor of the proposed development and the amenities offered to all phases of Sage Creek. Several citizens including: Sidra Carzolia residing at 3108 Claybrook Dr. Wylie,Texas Jessica Kaltenbach residing at 3004 Claybrook,Wylie,Texas addressed Council opposed to the zoning case stating the safety of the road construction was not adequate and proposed that Claybrook be closed completely. Concern was also addressed in regard to child safety and the additional traffic on Claybrook due to the new phase. With no one else present to speak,Mayor Mondy closed the public hearing at 7:16 p.m. Council Discussion Councilman Newsom asked what a sports court was. Mr. Prine stated it was a half court used for basketball and other sports. Councilman White asked if there would be a pedestrian bridge. Mr.Holsted stated that the sidewalks would take the place of the pedestrian bridge. Councilman Newsom asked if all homes could be constructed with brick mail receptacles. Mr. Prine stated that they could add that if it became part of the motion. Mayor Mondy asked about a reference to the amenity center. Mr. Prine stated that there would be an amenity center and that the Sage Creek HOA and Ashton Woods had executed an agreement to construct this amenity center. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance #2005-36 (Zoning Case #2005-15) changing the zoning from Agriculture (A) to Planned Development (PD) District with the inclusion of all stipulations made by the Planning and Zoning Commission and adding three additional stipulations: that the bridge be constructed with the option near Sage Creek Phase 8; that the proposed development have brick mail receptacles, and that the proposed Sage Creek, Phase 9 include an Amenity Center as agreed upon by the developer and the Sage Creek HOA. A vote was taken and passed 7-0. Minutes—August 9,2005 Wylie City Council Page 5 Tabled Item from 7-12-05 Motion to remove from table and: A motion was made by Councilman Porter to remove Item#4 from the table. Consensus of Council was to remove and consider. 4. Hold a public hearing and consider and act upon Ordinance No. 2005-30 approving a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses, subject property being generally located in the southeast corner of Brown Road and Kreymer Lane. ZC 2005-05 (C. Thompson,Planning&Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the subject property is generally located in the southeast corner of Brown and Kreymer. This item was tabled at the July 12 Council meeting, and must be removed from the table prior to convening the public hearing. The request is for a Planned Development District to allow minimum lot size of 8,500 sq. ft. (average of 10,000 sq. ft.) with a minimum house size of 1,700 sq. ft. (average of 2,400 sq. ft.). Planning&Zoning Commission recommends denial because the requested zoning does not comply with the Comprehensive Plan and the PD provides no innovations. More than 20% of the property owners within the legal notification area have submitted opposition to the request. For these reasons,approval will require the affirmative vote by three-fourths(6 members)of the Council. Applicant Comments Mr. Jerry Sylo(representing the property owner)residing at 17090 Dallas Pkwy, Dallas addressed Council stating that the applicant was agreeable to working with WISD on the road construction of the thoroughfare plan. He stated that the planning and zoning commission did deny this request but explained that the lots would be a minimum of 8,500 sq. ft. to a maximum of 23,000 sq. ft. and although the Comprehensive Plan shows 1 acre minimum lot size, uses and densities transition from one area to another and there are some smaller homes and Townhouses in the area along with the new Avalon Addition near by. Mr. Sylo did explain that they understood the concerns of the residents to the south and east of this development, but tried in the plan to provide larger lots near these areas. He explained that there were only 100 homes within the 8,500 minimums. The smaller lots were required due to physical restraints of the land use. He stated that the minimum house size would be 1,700 sq. ft. He explained that this proposal would meet the needs of all concerned. PUBLIC HEARING Mayor Mondy opened the public hearing at 7:40 p.m. Sharon Dowdy residing at 325 Callie Court, Wylie, Texas addressed Council stating that she was not in favor of the proposed development stating that it did not conform to the Comprehensive Plan and did not mirror the image and design of the area. Amy Tolleson residing at 1036 S. Kreymer, Wylie, Texas addressed Council showing a slide presentation outlining the area around the proposed development and the structure, lot size and areas contusive to the Comprehensive Plan. She encouraged Council to deny this zoning case. With no one else present to speak, Mayor Mondy closed the public hearing at 7:47 p.m. Council Discussion Mayor Pro Tern asked if the 1,700 sq. ft. minimum house size was firm. Mr. Sylo stated yes the applicant was. Councilman Newsom asked if the 1,700 was under roof or livable. Mr. Sylo stated that according to the Zoning Ordinance,it would be under roof,including the garage area. Minutes—August 9,2005 Wylie City Council Page 6 Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to deny Ordinance #2005-30 (Zoning Case #2005-05) changing zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses. (Brown Road and Kreymer Lane) A vote was taken and passed 7-0. 5. Consider and act upon approval of Ordinance No. 2005-37 amending Chapter 78, Parks and Recreation,of the Wylie Code of Ordinances. (M.Sferra,Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that on January 13, 2004, Council approved revisions to Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. The current ordinance requires the Park Board to conduct a periodic review of the ordinance and make recommendations for changes to the City Council. For the past several months, the Board has reviewed the ordinance and made recommendations for changes and clarification. The City Attorney's office has also reviewed the recommended changes. The Board approved the recommended changes on July 25,2005. Council Discussion Mayor Mondy asked Mr. Sferra about Section 78-6, land dedication. Would any land within a 100 year flood plain be unacceptable? Mr. Sferra stated that in the new revised section, it would be,but considered case by case. Mayor Mondy then asked about item d,does Muddy Creek Preserve have access from the street. Mr. Sferra sated that it was in Dallas County. Mayor Mondy asked Mr. Sferra about 78-77 and drainage. Why can no land be dedicated with open drainage systems. Mr. Sferra stated they were trying to eliminate cement ditches and go to a more natural swell or stream approach. Mayor Mondy asked in 78-102 parking if the city would eliminate travel trailers from parking in the parks.Mr. Sferra stated that travel trailers would be allowed if authorized by the parks department. Mayor Mondy then asked about the feeding of animals. He asked if that would include Country Fairs and horse riding. Mr. Sferra stated yes it would, because the riding of horses in the parklands was prohibited. Mayor Mondy commented that some sections of the proposed ordinance were very restrictive. Councilman Newsom asked Mr. Sferra if handbills, banners and petitions were restricted in this ordinance, would the petition distribution restriction be against the 1st amendment. Councilman Young asked if a general statement could be added to the body of the ordinance; "it shall be unlawful for any person to commit one or more of the following acts",to include, "unless authorized by the Parks and Recreation Department"to give some flexibility to the Parks Department. After each Council member stated concerns within the ordinance, Council asked staff to take the recommendations made and revise the ordinance to address all concerns and bring back to Council at a later date. Mayor Mondy also asked that the revised ordinance be reviewed by the City Attorney. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to table Item#5 to a non specific date to allow staff time to revise the Ordinance as per direction from Council and resubmit for approval. A vote was taken and passed 7-0. 6. Consider and act upon Resolution No. 2005-24(R) setting the Public Hearing and accepting the proposed Ad Valorem Tax of$0.695 per $100 valuation and Calculation of an Effective Tax Rate for Fiscal Year 2005-2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that in accordance with the"Truth in Taxation"laws of the State of Texas, notices must be published and two public hearing must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate, the City is required to Minutes—August 9,2005 Wylie City Council Page 7 vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 23`d A 2"d public hearing is scheduled for August 30`h. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate.This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 13`h Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Resolution #2005-24(R) setting the Public Hearings for August 23, 2005 and August 30, 2005, and accepting the proposed Ad Valorem Tax Rate of$0.695 per $100 valuation and Calculation of an Effective Tax rate for Fiscal Year 2005-2006. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE HI,SECTION 13-D. City Secretary Carole Ehrlich read captions to Ordinance No.'s 2005-35 and 2005-36 into the official record. ADJOURNMENT A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 8:49 p.m.p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—August 9,2005 Wylie City Council Page 8 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 4, 2005 Budgeted Amount: Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon a Final Plat for WISD Center Addition, generally located at 951 Ballard Street. RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 2, 2005, 7—0 to recommend approval. SUMMARY: The Wylie Independent School District is proposing to expand the existing WISD Administration Building, on Pirate Drive at South Ballard Avenue. Existing temporary buildings will be relocated to accommodate the new expansion, but will remain in use for other WISD functions. A new warehousing and maintenance building will also be located on the site. The site is also occupied by Harrison Intermediate School and sports fields, but has never been platted. The Final Plat complies with all applicable technical requirements of the City of Wylie. A 55' right-of-way will be dedicated for Ballard Street, and a 50' right-of-way will be dedicated for Pirate Drive which is currently a private drive of the school. A Site Plan was approved on February 15, 2005. APPROVED BY: Initial Date Department Director: CT \ 8/4/05 City Manager: htigg a1'3/ 1 1 I. I A-02.41.,, ewelee.e0. ---_ 1..waill.72" ee•.b en •CeTer CEI-N41.51'064E , . Oloren 01 CA. 20 loot Po 016 0....zz I 0=•4.-1,01.,., 35.0t* . '• 'eel serzoirt 3.3 ... ,,,....' SINVOX50.E ileir 4' 4b.5?•*.,;',/..,%ve., w....e. k ,,.•:17 ! Pkate 51...02.58.t ' Or:: " .3i43.0. 131.46. 44: 4. _55•0^.' ‘',,',',.g. i••i."."*Z• „ ,„ , 5..55 ' :50'11.iiii.W.Cosc4coloderP599•OrIv9 '* ... - -7"'' ''''... k.g...1,%:nr., l'...'-' Sw.g:33.,.3., 4•,. .P •F'9' ',''' 938'02'55T •81.; ,. l, 4..5.95' 'Iarar I1 .......... 5/0' 23 10 r14,77.1i2:4, '.' 0,4.,_... - ,..,.. .3.3, II r ......z% Caldwell !., Avenue .>, r. SZe VI in ii.. F: 5 , <a'a." /r.= 44.,,•.,... .__.2---- ____,. --- : • 0..,•1°. i''''P''"':\_ iii I A.4210.404 ReileS.110. 1,285.40. Cewel22.0eri TE ry widening Sonora Awn. sii,,,i, ..... „,,k, s.,,anc. 21'". _,,--i,/,1\...07 1r 20 30 A250 0.121 19992 \\\) '•,';'.- ie ie.:W..4m.* 8 ti i 1 rnl-ot 1.Block A 4n1 Acres Cr Al ,- eiS el49 Acres Net Pi• 0 ,T Ill i/ 7,/ AnnT29.19- Te.287.8.3' CenM22-115.1STE „ in. .1911Too, ....°. To.- _. 313013100, i ., ,. ., .,NO•Se.grE i if „. ,• ;-, 2522 No.05-0009706 .: •30 00 .50.15:7737.'t . ---- .. .010:ya.. -/-______________ -_____-Li/ / / ''L'::*.11 .'51/ 1°:9.0t1Z 5E:0770' 1 I i ..., .Ne8.10.0.34w ..----- 32."' ...' '...""ii 1. \•• i ' wre.r..... 24502.555 g55, Nie.eis ea, .. .. 1,.; p h;: ; 2 3 • 5'''''.ie 7 ei I ii in I I I 2 ::. 1 ! 1._---- 1 Potica4 (32 —1 Ciou dcroft Drive I 8.67.1.MX. 2,55,5 95 0555 .4,.el. SHEET 1 OF 2 i Ntgancling _----- . I .5121.5.9 3751 CU.No 05-0010200 991 1320.Pq 510 FINAL PLAT W.I.S.D. CENTER ADDITION Being A Replat Of Part Of g t Caldwell Estates Situated In The i ALLEN ATTERBERRY SURVEY ,-. ABSTRACT 23 silimi;3. WY1JE, COWN COUNTY, TEXAS 1111112115 Wylie Inclopomiont School DlotrIcl 951 00153.S1.90•2 Wylio Taxes 75098 I 1' Telephone 972 429-3000 Seas= PLK En9inooring.Inc. 111 West Main Street iiICINITY UAW Allon.Tomas 75013 Telephane 972 359-1733 July 27.2005 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 4, 2005 Budgeted Amount: Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon a Final Plat for Wylie Lakes Phase 1A and 1B, generally located east of Forrest Ross Road and south of Skyview Drive. RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 2, 2005, 7—0 to recommend approval. SUMMARY: The Final Plat under consideration is for the Wylie Lakes Phase 1 A and 1B Addition. Phase 1 A includes 37.285 acres and will create 94 single-family residential lots, 14 townhouse lots and 1.220 acres open space dedicated to the City of Wylie. Phase 1B includes 13.287 acres and will create 55 single-family attached townhouse lots, and 5.479 acres of dedicated open space. The property is part of the 121-acre Wylie Lakes Planned Development District (PD 2003-18), which is a mixed-use development including Single-family 1A/26 residential, Single-family 8.5/17 residential, Townhouse (TH) residential, Commercial/Retail and Parks and Open Space. The Concept Plan and Planned Development(PD 2003-18)were approved by the City Council on August 26, 2003, and the initial Preliminary Plat was approved on November 11, 2003. Spencer Lane will be extended north to Skyview to provide two points of access into the subdivision Due to being Final Platted as a complete unit, infrastructure for the entire 50.57 acres must be constructed and accepted prior to issuance of a building permit for residences, rather than being constructed in phases. The tracts for retail uses are not included in this Final Plat. Prior to development of these tracts, site plans and plats must be approved. 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MMS Sao.42•.y.r sO 2,0*.01 term•....,.111.62 IM la a mrnan Nu Yon.M x1 11E)t¢Nsm.r.my M.aJ Mt N u•rlyn.w.^.a rvq nMe el Qe D6 rM..., e'e J75&`lµf.:.30 My n1 2J.�le:t n.wm a:t I.,ass FINAL PLAT MMCE Swm a6 a.N. ]6 MAww 22.moor ww 124.17 WI.1.d m-4I Fw Yen rod x: .. WYUE LAKES, PHASE 1A - ., p N m.o.15 wt....M.I.310.31 r«.to ma-A01 M Nen red eel S J/.285 ACRES OUT Of • r'`wen`' • FRANCISCO OE LA trNA SURNET, HENCE S...M door 25 mOuteo 45.stem*Men.17500 Mel le•meow.Fm Yen M M ABSTRACT N0.685 can. Beer me.d..wr.w..rB..M.a Notary O.a F M kr..e State N Ewe,n,M M. 8 tomeme to a.0•Q Sru CO de.w 25 4Futes•6..ce4•.w..JS.M reel te•a.-nal w.Yen M M Fa .q...d.de.d M Msone ..e.q.Y.<to m• b sows ..66 ee bet^ et m.um1.amawwna w arm 5 II 07•*Toss eft Rw•h srr.wr.M mM elan aMN mat Vol rtmn raglry F.Irvmn1 CITY OF Wr111� HENCE South b Ommee 25 mnN2 45 moo.o«.12000 1M to 0 me-na..0.wen M M r` COIL.OWN1T,MOO 9 b can«. O.1.10ER NY NANO MO If..OF CM.mk_Mr -2001 RgICE Mum B.dmr 9 mot.43 moo.M...3536.M fee au-w.YNn Yn rod sot tl kr cam. O1 NANCATTRS I).LLCM OWNER a m r«.45*o y5.4 tort: .«.°.:"542 d«wd`asw.°° m `, 31 dwr.n 23 tt,,w 15 weerw....n1.50 M,le a ms!.L.wr wen M w. •vl, Odor,P.to n o rr m.SU.e el ie. 1SB8 Wwl Neal i t Rd. '230 (214)60T-a2M TMENCE u 22 dqw.,a mFNr TB ema.M Mel.a5el Mt.a a n.-..qr hen Yen.a w 1loltns EBt . L 80195 O.R.MUM-1EJ(AS•LAD. DEVELOPER L wvice swu 16•..r r Nee.aS e ova•M.t.1674 Net to 0 at.-wr Inch Ir.rM M 4308 Mar ROBE Sato A (21A)e07-ATM - "n` ROMtt.Toot 75088 .ONES e BOTD.NC. SURVETCR/ENO)NEER 1 17090 lids Partway.S.R.200 (972)248-757e Odes,Tomo 75248 IA TOe9910YE L015 REVISED:AAT 221.2005 . 94 RE30E)E1.AL L0i3 918NTTED:AUGUST 20.2004 Shoot 2 of 2 3 LINE TABLE ' 14 UNE BEARING DISTANCE / 13 O IdRS SO),S9FC I L"°"" LI N4315'24"W 25.00" ' L2 904'36'47"W 14.83' 12 4 fi vt'4,r, oAY 0, -✓Th 6 L3 N88'52'26'E 14,83' ] '- k}s,40 CURVE TABLE 11 .. �i!fJ q�'g F NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING I CHORD J63?•• et,,h'.g ` stre ° e Cl 19.08'15' 275.00' 91.85' 46.36' 680'01'45"E I 91.43' /) �C E• O4 C2 180'00'00 50.00' 157.08' INFINITE' S46'44.36"W 100.00' . ' ? r ° C3 22'51'45" 325.00' 129.68' 65.72' 578'10'00"E 128.82' PROPOSED 7/ e.14r ,. C4 43'39'31" 275.00' 209.55' 110.16' N68'34 22"E 204.51' •'E LAKES.PHASE 1A • C5 43'39'31" 325.00' 247.65' 130.18' N68'34'22'E 241.70' 12 ACRES (4,502 ACRES) _ C6 21't 0'00" 300.00' 170.83' 56.05' 679'00'52"E 110.20' °VOLORT67.PC.AS a ,/' / LOT 119 BLOCK D EN SPACE MONUMEN,. C7 43'39'31" 300.00' 228.60' 120.17' N68'34'22•E 223.11' ! DEDICATED TO THE GNP A /} 01 g C8 90'00'00• 35.00' 54.98' 35.00' 544'35'52"E 49.50' Ctt OF WOE • - C9 45'05'34" 35.00' 27.55' 14.53' N67'51'21"E 26.84' �4 i /,'' :�' // -7T ✓/ y c 1 0 88'33'S6" 35.00' 54.10' 34.13' NO1'01'35"E 48.87' 9 4, //////���111 r` t9.• }N°4. • i Cl' 91'26'02• 35.00' 55.85' 35.89' 568'58'25"E 50.11' 4, / a u R h q•,`/ VICINITY MAP C12 88'47'31' 35.00' 54.24' 34.27' N00'54'49•E 48.97' 00 r/' / �/ R /';>T� >J, �� P.O.B. NOT TO SCALE - C13 91'12'29" 35.00' 55.72' 35.75' 589'05'11"E 50.02' 10 •} , e O N-7064464.54 h♦ /� ], '0 4d } �.rJ. d';R ` E•2579265.76 /B 2 Cl4 188'47'31• 35.00' 54.24' 34.27' N00'54'49'E 48.97' 2 � ,. , 3 +,46'e •,. , t, t9• ry0 > °Ar'f �° y ` cNo uMN1 °.sf,�.'ff,. i 4 O • t'..bee ''b.,a-a i°. : _�. ti e`•'16�> 1,•.R ��, h;hpF'' , J Wf sf } o-0811'•. P •3T M1'cc,~ J °` o o moo. f\ a 4f C I. 46,4 4. ,- 4- o¢P 1/ i�G;>J, ', 1. •9 yry °.c4�o Z. `v�S'F 7B\1 c4f'' a =3 :.00' IRS 4,T•13' ti ,. 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J '� O` +�F.,' FRANCISCO OE LA PNA SURVEY. •F, h4P' 4. }0,,..> .4r.' O•Pi, ABSTRACT NO.555• �. 4,4 A ' ., N' e COUINa� ,E2A4 3j 2 / i f 47 G o` h� 1O. $. �.',1A Ee .P. }y+s+,` a NANCATORS R7 LLC OWNER 1568 W«t AIooRWYI Tut.230 (214)60'7-42M t OWNER/ 0 NaRIFN1 E.IRT•4 E 80195 Ho1n N �9J•'•,'S .�'. d':.o n 1� O.R.NORION-,E7(AS•LTD. OE EER z IRCOOIn 9770110I 1C A 26 FUC HOIIMA6T wATq TIIT.7 �T .1, 'B J• COuNlv 0 m 1twRmlmEO x-' «z rA¢a1).twAI LEGEND 'S' r. ` RP.t.tt!RROO55 ee A (214)007-4244 .R.3 MX RCO SU �/ • R. xwwLnTT RAMC,10 A MOTH=AR wT•6PAL WU 06necT 4R IRON RCO ra.0 y�," 4, JONES!BOYD•INC. SURVEYOR/ENGMEER Q EMMERT AS ICCORCC9 N MANE MR PAGE SRL MUM COUNT,C® e. 6AtENC ENE RECORDS.foul A ATIUTT EASEMENT 17000 Dull«Parkway,SuH•200 M.O.CA$Hwt P• % (972)?46-7676 p 3. coomoNARR mom ACRE.Me HAP S2 11:10S REAR THNK 1.OIT11 D.E.O WORN 1EZAS YUNOPAL n • Dulb•,Tams 75248 MCKN II CM-1. .E.ODI®RCM1M ON OF FIE 11MA9 COL CON Or MOWERS SCAT 1,0 •UTI REW`lk ALLY 27.2025 55 TOMMIE LOTS SUESJITIEO:mow,30.toot Shset I.1 2 8 WAIF Dr113.5- s Cahn OF COLON+ COUNTY T 1FCOLL .�1 NAMDAIPIS I..L.1c.M D.a NORtaN-IONS L T0..Tas,LMI5•NMMb.Y M. I�DYG 1NpGPE IOIDa NL ME A TES NIFlQIl4 @!kn 6 mL1X -Y N..eel N NM h 6.01I N qee Ce...CwnlY r,.t N M r,.dw Da le ,E 1440.P6 a I12..w Oft IOIIOx-10Ni.LID.,a Ts L.M.r•rbe.lp NON INOMFOIE.NOON HL Yp 611149E 1430111 E Mow 1y=rwL A...6N.d Ming.M N MN 121ai•w beet N Its Peened to I..O4 M.sob MN Oar...W..a0aw MVM PW.111.Mg{NRS ONA>E 1e.el NM. 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DEVELOPER i l 664 A (214)807-4244 1 JONES&BOYD,NC. SURVEYOR/FNCNEER E 17030 Odle Paddy.Suite 200 (972)248-767e 6 Ode.Texas 75248 REVISED:J1LY 27,2005 55 TOMIONE LOTS SIMNIT 0:AUGUST 30.2004 Shed 2 of 2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: City Manager's Office Prepared By: Brandy Brooks FY2005 FY2006 Account Code No. #: 5312-56110,5181-56110 Date Prepared: August 12, 2005 Budgeted Amount: $6,720 Exhibits: Various AGENDA SUBJECT:Consider and act upon authorizing the Mayor to enter into an agreement with SBC through the Department of Information Services (DIR) for Internet Access and Long Distance Service. RECOMMENDED ACTION:Approve. SUMMARY: The City of Wylie recently had a telecommunications audit performed by HCG. Our consultant reviewed the City's current provider rates for internet access, which is DSL offered by Verizon through Internet Texoma, and recommended that City Hall have a T1 line installed by SBC through DIR instead. He based his recommendation on the following rate comparison: Verizon/ Internet Texoma SBC/DIR Number of Lines 6 1 Total Monthly Expenditure $258.80 393.89 While there is an increase in cost of$135.09 per month over the life of the one-year agreement, the T1 line will provide effective communications with citizens. Currently, Internet Texoma is our contact for outages and/or problems, which has led to significant down times for both email and internet usage. By entering into this agreement, the City will be able to contact the service provider directly, allowing for shorter outage times and improved customer service. Also, increased capacity of the line will also assist Staff in quickly and effectively responding to citizen inquiry. Currently, all the staff at City Hall (approximately 80 staff) share 6 DSL lines, which causes data flow shortages during periods of high volume. A Ti line will allow staff to communicate effectively even during peak usage periods. APPROVED BY: Initial Date Department Director: BB \ 8-15-05 City Manager: fiL6 \ 8MJoa' 1 AGENDA SUBJECT:Consider and act upon authorizing the City Manager to enter into an agreement with SBC through the Department of Information Services (DIR) for Internet Access and Long Distance Service. SUMMARY: (Continued) Our consultant also reviewed the City's current provider rates for long distance, which is offered by Verizon, and recommended the City use DIR instead. He based his recommendation on the following rate comparison: Verizon SBC/DIR Cost per minute* $0.10 $0.061 Average Cost/Month $198.00 $115.00 Monthly Fees $77.21 $0.00 Total Monthly Expenditure $275.21 $115.00 * The fluctuation in price per minute is dependent upon where the call is going; however, the cost will not exceed $0.0796. The City of Wylie will save approximately$167 each month. The cost savings for the new Long Distance Plan is $2,004 over the life of the one-year agreement; the cost increase for the T1 line for FY2006 is $1,621. This represents an overall savings for the City of$383. 2 r11(.,,yof. :„„e lillemo To: Mark Roath From: Brandy Brooks Date: August 10,2005 Re: T1 Line Cost Allocation I have found out that the DSL lines are charged to account 5132-56110, Facilities, Communications.There is currently$4,950 remaining for FY2005. I recommend that we pay the first month (September)out of the above-mentioned account. For the upcoming FY2006, I recommend that we utilize the $100,000 in Combined Services, Communications, or 5181-56110 to cover the cost. The budget amount increased from $85,000 to$100,000 in the proposed budget, and the total cost of the T1 line is$4,332.79 for 11 months, which is an increase of$1,485.99 over what we would pay for the DSL lines($2,846.80). 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8100 • Fax 972 442-4302 END USER SERVICE AGREEMENT SBC Premier SERVS' DEDICATED INTERNET ACCESS SERVICE TERMS AND CONDITIONS DIR Contract Number TELE— 12-12-03-03 SERVICES COVERED 1) Service Description: T1 Fixed Price(1.536 Mbps) (enter service description here) Service Location Address: 2000 Highway 78 North City: Wylie Zip: 75098 Local Contact: Shone Doville Phone Number 972-977-5740 2) Additional Services (if any) This list may be amended from time to time in writing and signed by the parties so long as services are within the scope of DIR Contract Number TELE-12-12-03-03. 1. DEFINITIONS A. Service Activation Date: the date Customer has connectivity over the transport network to SBCIS' Internet Access Network. In the case of connectivity via ISDN, Frame Relay or ATM, connectivity shall have occurred when a physical connection has been installed and a Permanent Virtual Circuit (PVC) has been established to permit routing of traffic from Customer's equipment to SBCIS' Internet Access Network. The Service Activation Date shall not be dependent on correct configuration of Customer's computer equipment, applications (e.g., Domain Name Service, Electronic Mail Service). Local Area Network ("LAN") or Wide Area Network("WAN")). B. COE: Customer owned equipment 2. TERM The Term of this Agreement and the Service provided hereunder will commence on the Service Activation Date and will continue for twelve months. The End User shall have the option to extend this Agreement for additional twelve month periods by issuing written notice to SBC of its intent to so extend. SBC shall honor all such notices so long as Contract Number TELE— 12-12- 03-03 is in effect. Upon renewal under this provision, the price to Customer will be as stated in Exhibit C of the Master Contract in effect at the time of renewal. 3. TERMINATION SBCIS_EUSA_12-12-03 Form.doc Page 1 of 8 a) SBCIS may cancel this Agreement based on Customer's non-responsiveness or non- readiness to have SBCIS provision/fulfill the requested Service within ninety(90) days after Customer orders the Service. b) In the event Customer terminates this Agreement without cause, Customer will be liable as liquidated damages, not as a penalty, for any installation charges waived or unpaid, any other unpaid charges due and owing,plus fifty percent(50%) of the Monthly Charges for the remaining Term of the Service from the date of termination. c) The Customer will be invoiced by DIR for an early termination charge and Customer will pay it in accordance with the standard payment provisions. 4. BILLING A. DIR is the billing agent on behalf of Vendor for the ISP Services ordered under this EUSA. DIR shall bill End User at the applicable Effective Rates set forth in Exhibit C to DIR Contract NO. TELE— 12-12-03-03. B. End User shall pay in full the invoices or interagency voucher received from DIR/TSD within thirty(30) days of receipt, without set off, counterclaim or reduction. Section 771.008, Government Code, applies to interagency payments under this EUSA. The parties expressly agree that Chapter 2251, Government Code, will be used to govern payments and disputes for political subdivision-End Users. End Users acknowledge and agree that DIR shall retain a portion of funds received for its costs. C. In accordance with Chapter 2251, Government Code, DIR shall pay invoices calculated at the Wholesale Rates, as defined in DIR Contract No. TELE— 12- 12- 03 - 03, received from Vendor. Vendor agrees to look solely to DIR for payments of sums due it under this EUSA. 5. DOMAIN NAME REGISTRATION Customer is responsible for choosing a domain name and submitting an application to SBCIS. SBCIS makes no warranty or representation that the requested domain name will be available for registration. Customer will retain ownership of the registered domain name(s). 6. CUSTOMER OWNED EQUIPMENT a) Unless specified in this Agreement, Customer is solely responsible for provisioning, configuration and maintenance of all COE hardware and software, including without limitation TCP/IP routers, CSU/DSU line interface units, primary domain name servers, electronic mail servers, netnews servers and firewall or proxy servers. SBCIS shall not be responsible for delays in the provision of Service resulting from incompatibility of such COE, or resulting from improper provisioning, configuration or maintenance of such COE. SBCIS may provide configuration files for certain routers, at its sole discretion, and only as a convenience to Customer. The connection of COE and wire will at all times comply with the terms, condition, limitations and responsibilities normally applicable to the connection of customer premise equipment to the telephone network, including those now or hereafter established in the Federal Communication Commission's Part 68 Rules and Regulations. DIR will not be responsible for COE. SBCIS_EUSA_12-12-03 Form.doc Page 2 of 8 b) SBCIS may make changes in its Services, equipment, operations or procedures, including those related to the Service, where such action is not inconsistent with the proper operation of the Service for this Agreement. If any such change can be reasonably expected to render any of customer's COE incompatible or otherwise materially affect its use or performance, Customer will be provided written notice at least three (3)months in advance of the change. If Customer determines that the cost of replacing or modifying its equipment or system in order to reestablish compatibility and maintain uninterrupted Service is unreasonable, Customer may terminate this Agreement without penalty or liquidated damages (e.g., termination charges). DIR is not be responsible for COE. c) Customer will provide the proper environment, electrical and telecommunication connections for the Services, as specified by SBCIS. Customer will be responsible for the installation, operation and maintenance of all COE. No combination of COE will: require change in or alteration of the Service of SBCIS; cause electrical hazards to SBCIS' personnel or damage to SBCIS' equipment; cause the malfunction of SBCIS' billing equipment; or cause degradation of Service to persons other than the user of the subject terminal equipment or communications system. Upon notice from SBCIS that Customer's COE is causing such hazard, damage, malfunction or degradation of Service, Customer will promptly make such changes as will be necessary to remove such hazard, damage, malfunction or degradation of Service. DIR is not be responsible for COE. 7. SBCIS RESPONSIBILITIES a) If specified on the first page of this Agreement, SBCIS will: i. provide project management of the Service installation; ii. provide to Customer the Service circuit IDs and an 800 number for trouble reporting after the Service Activation Date; b) SBCIS will monitor the Service 24 hours a day, 7 days a week for Service troubles and failure and will provide Customer with Service information and documentation for trouble reporting. c) SBCIS will allocate the necessary number of IP addresses to Customer based on the mutually agreed upon design. SBCIS reserves the right to decrease, increase, modify or otherwise restrict the number of IP addresses assigned to Customer,but will not do so without prior discussion with Customer. 8. CUSTOMER RESPONSIBILITIES Customer is responsible for the following: a) providing the path for the extension of the Service interface beyond the network interface demarcation; b) providing access to the network demarcation during installation and for the Term; SBCIS_EUSA_12-12-03 Form.doc Page 3 of 8 c) providing an on-site project manager/contact at mutually agreed upon times and for the duration of the installation interval who will designate the Service interface requirements and accept the Service; d) providing network security for its LAN and access to Customer's LAN. This may include numbering/renumbering Customer's LAN IP devices using the new address to permit access to the Internet; e) IP addressing of any hosts connected to the Service and IP sub-netting 9. SPECIAL CONSTRUCTION Required if(1) the facilities or equipment are not available to meet an order for Service and SBCIS or its affiliates or vendors must construct facilities; (2) Customer requests Service to be furnished using a type of facility or equipment, or via a route, other than that which SBCIS would ordinarily utilize in providing the requested Service; or(3) Customer requests construction be expedited and such expedited construction results in added cost to SBCIS. Special construction charges will be developed based upon estimated costs and Customer must provide written approval and payment for all special construction costs before SBCIS or its affiliates or vendors will begin any special construction. If Customer fails to provide written approval of and pay for special construction charges, Services ordered under this Agreement will be terminated by SBCIS pursuant to Section 3 [c] of this Agreement. 10. SERVICE MOVES, CHANGES & UPGRADES The Installation Site(s) to receive the Service which are specified on the first page of this Agreement may be moved or changed from one site to another within the LATA, so long as the new site can be served from an SBC wire center, and the Service and associated charges will continue uninterrupted. Non-recurring charges and new recurring charges that would apply for the new location will be negotiated at the time of the move. If Customer elects to upgrade the Service to a higher speed, Customer may do so without liability for the early termination charges specified in this Agreement if Customer signs a new agreement with a term at least equal to the Term of its Agreement. Customer will be responsible for installation charges and the new monthly rate. 11. TRANSPORT SERVICES Unless purchased with the Service, Customer must obtain local transport services from a transport provider for use with the Service and the terms and conditions applicable to those services are not in any way affected by the terms of this Agreement. 12. MAINTENANCE AND TESTING a) The parties will cooperate with each other in performing joint tests to the extent reasonably necessary to establish the Service or to detect, isolate and remedy Service related problems. Joint tests will be at no charge to the other party, if such tests are conducted by remote testing systems. If an on-site technician is necessary and the trouble is located on Customer's side of the interface, actual material and labor prices at SBCIS' standard rates will apply. SBCIS will negotiate and coordinate the maintenance of transmission services with Customer's chosen local transport provider. SBCIS EUSA 12-12-03 Form.doc Page 4 of 8 b) SBCIS will perform routine maintenance as is customary to reasonably maintain the Service, Transport, and Router, if applicable, as described herein. All such maintenance will be performed at no additional charge to Customer if the fault which gives rise to the maintenance request is determined by SBCIS to reside on the SBCIS side of the point of demarcation between SBCIS and Customer or in the Router. Actual material and labor prices at SBCIS' standard rates will apply to troubles isolated to COE, to Customer's misuse of the Router, or to any condition on Customer's side of the point of demarcation between SBCIS and Customer. c) Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the Service. All computer systems and networks need routine maintenance from time to time. SBCIS generally schedules and performs such maintenance, on an as needed basis, during the times indicated on SBCIS' website (located at http://dedicated.sbcis.net). Not all scheduled network/systems maintenance will affect Customer's Service. However, SBCIS will endeavor to provide Customer five (5)business days advance notice, or if not possible,reasonable advanced notice if SBCIS believes that such routine scheduled maintenance will affect Customer's Service. In the event of a network/systems emergency requiring immediate attention, SBCIS reserves the right to perform emergency maintenance without notice or upon short notice, and shall use all reasonable efforts to minimize the effect of such work on Customer's Service. d) Customer acknowledges and agrees that SBCIS has no control over third party networks Customer may access in the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of SBCIS. SBCIS will not be responsible for Customer's inability to access the Internet due to circumstances not in the direct control of SBCIS, such as individual Internet user's own equipment capabilities and/or limitations, Internet limitations and/or browser software limitations. 13. SERVICE LEVEL AGREEMENT a) SBCIS agrees to meet the following service levels: i. Network Availability: SBCIS' IP Backbone Network, from which it provides SBC PremierSERV Dedicated Internet Access,will be available 99.97% of the time,based upon a monthly average between SBCIS-selected MegaPOP endpoints. ii. Latency: Average round-trip transmissions will be 50 milliseconds or less between SBCIS-selected MegaPOP endpoints within SBCIS' IP Network, measured by averaging samples taken during a calendar month between these endpoints. iii. Packet Loss: During any calendar month, packet loss will not exceed 0.3%based upon monthly averages, between SBCIS-selected MegaPOP endpoints within SBCIS' IP network. iv. KB 40(Keynote Business 40) The monthly average full-page download time for the Keynote Business 40 websites, from within selected domestic SBCIS MegaPOP locations, will not exceed 110% of the US25 Overall metric. The Keynote Business 40 (KB40) Internet Performance Index measures the average download time for the home pages of 40 significant US-based Web Sites. These measurements are taken by automated agents SBCIS_EUSA_12-12-03 Form.doc Page 5 of 8 attached to key points in the Internet backbone in the 25 largest metropolitan areas of the United States. b) Service Level Agreement (SLA)will not apply to infractions caused by(i) factors outside of SBCIS' reasonable control, including force majeure events, (ii) scheduled network maintenance, or(iii) actions or inactions of Customer or any third parties not under the sole control of SBCIS. c) If SBCIS fails to meet any of the above service levels in a calendar month, Customer will be entitled to a credit to Customer's account equal to one-thirtieth of the recurring monthly charges for the Service. d) In order to receive a Service Credit, Customer must request a credit, in writing, and all credit requests must be received by SBCIS by the 30th day of the month after the infraction occurred. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit. Customer may request Service Credits through SBCIS' SLA website at http://diasia.sbcis.net. SBCIS will issue a the approved credit to DIR and DIR will in turn provide the credit to the customer in the next monthly billing cycle. e) To provide a means of verifying performance of the service levels specified in this section of the Agreement, SBCIS will use network health monitoring software to validate the data for any calendar month. f) Customer acknowledges that the warranties contained herein measure SBCIS' IP Backbone from selected endpoints and may not represent Customer's actual IP network experience. 14. USE AND LIMITATIONS a) SBCIS may: (i) reject or refuse to perform any Services that are not in compliance with its applicable specifications and standards, laws and regulations and/or public interest standards as determined by SBCIS; and(ii) from time to time and without notice, make changes in Services that in its sole judgment will best serve SBCIS' customers. SBCIS' partial rejection or refusal of any portion of Services will not release Customer from its obligations with respect to the remaining Services being performed. b) Customer agrees to comply with the SBC Acceptable Use Policy(located at http://dedicated.sbcis.net), all policies applicable to SBCIS and all policies applicable to any network that is accessed through SBCIS. Violation of any such rules, regulations and policies, or any attempt to break security or to access an account which does not belong to Customer, shall be considered a material breach of contract, and SBCIS may terminate this Agreement without liability or may suspend or terminate Service to Customer, or suspend or terminate any user ID, electronic mail address, Universal Resource Locator or domain name used by Customer. Upon such termination by SBCIS, Customer shall be liable for any applicable charges, including early termination charges as set forth in Section 3 of this Agreement. If Customer's Service is suspended pursuant to this Section, Customer will still be responsible for charges for the Service incurred during the period of suspension. SBCIS_EUSA_12-12-03 Form.doc Page 6 of 8 c) DIR NOT RESPONSIBLE for END USER PERFORMANCE Except as expressly set forth in this EUSA, DIR is not responsible for End Users' performance or failure to perform under this EUSA. Neither Vendor nor End User shall look to DIR/TSD to enforce any provision of this EUSA except as related to the billing duties set forth herein. Should DIR/TSD become an End User, it shall be responsible for its performance of the applicable End User covenants in the EUSA. d) Nothing contained in this Agreement may be construed to convey to Customer any interest, title, or license in the user ID, electronic mail address or Universal Resource Locator used by Customer in connection with the Service. e) Customer acknowledges and agrees that SBCIS has the right to enforce its policies and guidelines pertaining to Customer's use of the Service and may be required to take immediate action to protect the integrity, quality, reputation and/or availability of the Service. For violations of policies and/or guidelines that SBCIS believes, in its sole discretion, do not warrant immediate suspension or termination of Customer's Service, SBCIS shall make a reasonable effort to contact Customer in an attempt to remedy the situation prior to suspension or termination of Service. 15. WARRANTY a) SBCIS warrants that for the Term of this Agreement, SBCIS will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Customer. If, under normal and proper use, the Services fail to perform substantially as specified above, and Customer notifies SBCIS during the Term of this Agreement, SBCIS will make reasonable efforts to correct such Service degradations or failures without charge to Customer. SBCIS' liability for damages for interruptions of Service, or for mistakes, omissions, delays, errors and defects in the provision of Services, shall in no event exceed an amount equal to the pro rata charges to Customer for the period during which the Services are affected. b) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SBCIS HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE. SBCIS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SBCIS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABIILTY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. SBCIS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND CUSTOMER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CUSTOMER'S OWN RISK. SBCIS EUSA 12-12-03 Form.doc Page 7 of 8 So Agreed by the parties respective signatories: End User Customer Name: By: Name: Title: Date: Department of Information Resources By: Name: Title: Date: SBC By: Name: Title: Date: SBCIS_EUSA_12-12-03 Form.doc Page 8 of 8 ATE—off' ' • P. ) `-/-= ' Agency# Department of Information Resources Telecommunications Services Division SERVICE AGREEMENT This service agreement is between the Department of Information Resources/Telecommunications Services Division (DIR/TSD) and the Customer. It is the intent of the parties to comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act and/or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10, Subtitle D, Chapter 2170, Telecommunication Services, Texas Government Code. I. DIR/TSD Responsibilities 1.1 DIR/TSD agrees to provide Customer with connectivity through various transmission methods to the TEX-AN network for specific communications services including, but not limited to, video, voice, routed data, Internet and/or equipment(hereinafter"services"). 1.2 DIR/TSD will assist and advise the Customer in determining the best and most economical usage of services. 1.3 DIR/TSD will bill monthly for services as required and respond to inquiries regarding Customer's bill. DIR/TSD shall commence billing for services as they are provisioned. II. Customer Responsibilities 2.1 The Customer will provide Purchase Orders (PO's) to DIR/TSD for services, as ordered, which shall be valid for the entire term of this Service Agreement. Customer shall comply with the DIR rules applicable to the Telecommunications Services Division, 1 TAC Chapter 207,as the same may be amended from time to time. 2.2 Customer has the responsibility to cooperate and coordinate with DIR/TSD so as to avoid delaying DIR/TSD in the provisioning of and billing for ordered services. Specifically, it is the Customer's responsibility to designate, in a timely manner, the type of service desired and provide DIRITSD with information which may effect technical, logistical, engineering, or equipment aspects of service delivery. The Customer is exclusively responsible for any equipment added to their premises for connectivity to TEXAN services. Customer shall keep DIR/TSD promptly informed of its billing contact, address, telephone numbers, Purchase Order numbers, eligibility status and technical contact, and changes to any of the foregoing. Customer understands and agrees that its failure to timely perform its duties,which delay DIR/TSD in the delivery of ordered services, is not a condition of Force Majeure. 2.3 Payments will be made in full within 30 days of receipt of an invoice or voucher prepared by DIR/TSD. Customer represents that it possesses sufficient current revenues to satisfy the timely payment of goods and services provided by DIR/TSD hereunder. In all events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered and received up through the effective date of termination of services. Customer shall be responsible for issuing and maintaining the status of PO's. Customer agrees it has no rights to setoff against bills received from DIR/TSD. Customer's covenant to pay survives termination of this Service Agreement. 2.4 Customer is exclusively responsible for the operation and security of its premise equipment. The risk of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer accepts this risk and understands that it shall be solely responsible to pay all charges, which may result from toll fraud or unauthorized use of its premise equipment. Customer hereby releases and waives any claim it may have now or in the future against DIR/TSD for the payment of charges arising from toll 1 C:\Documents and Settings\bbrooks\Local Settings\Temporary Internet Files\OLKAO\Service Agreement 8-02-04(2).doc fraud or other unauthorized use on its premise equipment. 2.5 Customer is a qualified entity to receive goods and services from DIR/TSD. Services will terminate without liability to DIR/TSD should Customer's eligibility status change during the term of this Service Agreement. III. Term The term of this Service Agreement begins on the date of the last party to sign and is in effect for the period through the end of the state's current fiscal year. The Service Agreement is annually renewable by the timely issuance of a PO by Customer, received prior to the end of the current contract term. In the event a new PO is not received in a timely manner, services will continue on a month-to-month basis until a new Purchase Order is received or termination of the Service Agreement is effected by compliance with Article V. hereof. IV. Billing 4.1 DIR/TSD's first month's billing for any circuits provisioned will commence on the date provisioning is completed. 4.2 DIR/TSD will cease billing circuits on the date disconnection is completed. 4.3 All other services shall be billed on an usage basis from the first date of actual service until the service is disconnected. 4.4 In compliance with Title I, Chapter 207, Rule number 207.5, of the Texas Administrative Code: customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment Act, Chapter 2251, Texas Government Code. V. Termination and Amendments 5.1 TSD may provide notice of intent to terminate this Service Agreement for convenience by sending a written statement to that effect, which shall be received by Customer no less than thirty (30) days prior to the Effective Date of termination. TSD may terminate any Service Agreement for cause, with an immediate Effective Date, by issuing written notice to Customer, upon failure of Customer to make timely payment of bills. 5.2 A Customer may provide notice of intent to terminate this Service Agreement for convenience by sending a written statement to that effect, which shall be received by DIR/TSD no less than thirty (30)days prior to the Effective Date of termination. A Customer request to change a service shall not take effect until Customer provides written notice to DIR/TSD of any changes to ordered services. If DIR/TSD does not receive written notification, the Customer will continue to be billed monthly until proper notification is received. No written termination notice shall be effective prior to the expiration of thirty(30) days after receipt by DIR/TSD. 5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in writing by authorized representatives of DIR/TSD and the Customer. VI. Other Conditions of Service 6.1 Service rates are subject to change by DIR/TSD upon 30-days written notice to Customer. 6.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this 2 C:\Documents and Settings\bbrooks\Local Settings\Temporary Internet Files\OLKAO\Service Agreement 8-02-04(2).doc Service Agreement. 6.3 If service and/or communications projects are canceled at any time prior to completion, Customer shall be responsible for all actual costs incurred by DIR/TSD up to the date of cancellation. DIR/TSD will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a project. 6.4 DIR/TSD relies on third party contractors for the fulfillment of services contracted for hereunder. Therefore, DIR/TSD makes no independent warranties or guarantees, express or implied, regarding said services. 6.5 The following terms have the meaning indicated for purposes of this Service Agreement: "Force Majeure" means the parties' performance under this Service Agreement shall be adjusted or suspended by mutual agreement to the extent performance is beyond the reasonable control of the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood, lightning, government action, acts of God or public enemy, delays of power company, local exchange company, or other carrier. Failure of Customer to coordinate and cooperate so as to delay DIR/TSD is not an event of Force Majeure. In the event of Force Majeure, the sole and exclusive remedy to the party suffering the delay shall be an equivalent extension of the time for performance. The parties shall document to one another the onset of events of Force Majeure within three days of their onset. "Provision" and "provisioning" means DIR/TSD has acquired, arranged for or provided at the Customer's site, the equipment, supplies or other items necessary to provide the ordered service(s),but does not mean the actual act(s) of turning up the ordered service(s). VII. Customer Service Resources Customer Service Resources may be found at www.texan.state.tx.us. Inquiries regarding this Service Agreement may be directed to DIR, Support Services Division, at(512) 463-3263. 3 C:\Documents and Settings\bbrooks\Local Settings\Temporary Internet Files\OLKAO\Service Agreement B-02-04(2).doc Customer hereby agrees to the terms and conditions of this Service Agreement; represents that the official executing this Service Agreement is authorized to bind the Customer to its terms; and that Customer has completed all of its internal processes to make this a binding undertaking on the part of Customer. CUSTOMER: City of Wylie DEPARTMENT OF INFORMATION RESOURCES BY: BY: NAME: Mark B. Roath NAME: Brian S. Rawson, Director TITLE: City Manager TITLE: Service Delivery Division,DIR DATE: DATE: Legal: 4 C:\Documents and Settings\bbrooks\Local Settings\Temporary Internet Files\OLKAO\Service Agreement 8-02-04(2).doc ! vt !ate.tx.us Customer Information Form Page 1 of 2 Please fill out the following information, save,and E-mail both pages to Walter Gaylor, Solutions Design: walter.gaylor@dir.state.tx.us. You may tab from one field to the next. General Information Agency or Organization Name: City of Wylie Agency Contact(Full name): Brandy Brooks Complete Mailing Address: 2000 Highway 78 North (Street/PO Box) Wylie,TX 75098 (City), (State) (Zip) Contact Telephone Number (972)442-8120 Ext: (with area code): Main Agency Telephone Number: (972)442-8100 Ext: TEX-AN Eligibility The Texas Agency Network(TEX-AN)for telecommunications is provided to all state agencies and offered to all political subdivisions. Political subdivisions include public schools, public libraries,public hospitals,city and county governments. Eligibility for TEX-AN information City Government (brief description): NOTE:Please attach the citation to state law under which your entity was created 14 If you are privately owned,we will not be able to provide your telecommunications requirements. Contacts Contracting Services Name: Larry Williamson Title: Finance Director Address: 2000 Highway 78 North (Street/PO Box) Wylie,TX 75098 (City), (State) (Zip) Telephone Number: (972)442-8140 Ext: E-mail: larry.williamson@wylietexas.gov Accounts Payable Name: Larry Williamson Title: Finance Director Address: 2000 Highway 78 North (Street/PO Box) Wylie,TX 75098 (City), (State) (Zip) Telephone Number: (972)442-8140 Ext: E-mail: larry.williamson@wylietexas.gov TEX-AN is the public Please E-mail completed form to: telecommunications programfor the a�� walter. a for dir.state.tx.us �"ifs ,,,Sr4'�� State of Texas through the g y @ Deportmen•of Informotior Resources Department of Information Resources 313-9000-3 2/03 !ivt !ate.txusCustomer Information Form Page 2 of 2 Contacts, continued TEX-AN User Group Meetings Name: N/A Title: Address: (Street/PO Box) (City), (State) (Zip) Telephone Number: ( ) - Ext: E-mail: TEX-AN Telephone Directory Name: N/A Title: Address: (Street/PO Box) (City), (State) (Zip) Telephone Number: ( ) - Ext: E-mail: Telecommunications Name: Shone Doville Title: IS Technician Address: 2000 Highway 78 North (Street/PO Box) Wylie,TX 75098 (City), (State) (Zip) Telephone Number: (972)442-8126 Ext: E-mail: shone.doville@wylietexas.gov Data Communications Name: Shone Doville Title: IS Technician Address: 2000 Highway 78 North (Street/PO Box) Wylie,TX 75098 (City), (State) (Zip) Telephone Number: (972)442-8126 Ext: E-mail: shone.doville@wylietexas.gov Miscellaneous How did you learn about our Consultant services? if you have any questions,please call Walter Gaylor in Solutions Design, 512-475-0855, or send your questions via email. Thank you for your interest in TEX-AN! D '` ' � TEX-AN is the public Please E-mail completed form to: telecommunications program for the walter.gayior@dir.state.tx.us tau State of Texas through the Derommerc onnramor rae.oure, Department of Information Resources 313-9000-3 2/03 CITY OF WYLIE Item No. E City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: Fire Prepared By: Steve Seddig, Captain Account Code No. #: Date Prepared: August 10, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an Interlocal Agreement with the North Texas Municipal Water District to locate a 400 MHz repeater antenna on an existing 200' foot radio tower. RECOMMENDED ACTION: Approval SUMMARY: The City of Wylie Fire and Police are purchasing a 400 MHz repeater system. NTMWD currently has a 200' radio tower. Due to the NTMWD radio tower's height and central location within the City of Wylie Public Safety Response District, Wylie Fire and Rescue negotiated an Interlocal Agreement to collocate on their radio tower, and place ground equipment at the facility. Additionally, NTMWD maintains a reasonably high level of security 24 hours a day seven days a week. This Interlocal Agreement cost is one dollar ($1.00) for a period of 10 years. APPROVED BY: Initial Date Department Director: SS \ 8/10/05 City Manager: /4.6 \ t/cc NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity August 1, 2005 Mr. Mark Roath City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: Interlocal Agreement to Place Antennas on Tower By and Between the City of Wylie, Texas and North Texas Municipal Water District Dear Mr. Roath: Enclosed are two originals of the above-referenced interlocal agreement between the City of Wylie and the NTMWD. Once the agreements are signed by the City of Wylie, please return one fully executed copy to NTMWD, P.O. Box 2408, Wylie, Texas 75098. If you need any additional information, please contact David Morgan, Operations Coordinator, at(972) 442-5405. Sincerely, • MES M. PARKS -cutive Director JMP:DM:vh Enclosures 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 INTERLOCAL AGREEMENT TO PLACE ANTENNAS ON TOWER BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT This Interlocal Agreement to Place Antennas on Tower by and between the City of Wylie, Texas, a municipal corporation ("Wylie") and North Texas Municipal Water District, a conservation and reclamation district ("NTMWD"), each political subdivisions of the State of Texas, is entered into as of the date executed below ("Agreement"). WHEREAS, the Interlocal Corporation Act, Chapter 791 of the Texas Government Code (the "Act") provides the authority to political subdivisions for contract by and between each other to purchase goods and services and facilitate governmental functions of said political subdivisions under the terms of the Act; and WHEREAS, Wylie has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to acquire permission from NTMWD to place antennas to be used for the Fire Department's repeater system. NOW THEREFORE, in consideration of the mutual covenants contained herein, Wylie and NTMWD agree as follows: 1. Tower Use by Wylie. NTMWD will provide Wylie access to its tower listed below ("Facilities") for purposes of installing and maintaining one repeater system, two antennas, and related appurtenances to be used exclusively by Wylie-far ("Equipment") unless otherwise modified within this agreement. No commercial use shall be permitted under this Agreement. Presently, NTMWD has a tower located at 505 East Brown Street, Wylie, Texas. 2. Tower Access Provided. Wylie shall have the right, at its own expense, to install and maintain Equipment on the Facilities. All necessary Facility access, whether underground or aerial, will be provided at the Facility. NTMWD shall have the right to approve the location of the Equipment at the Facility and such approval shall not be unreasonably withheld. Wylie shall have access to the Facilities Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. after providing twenty-four (24) hours advance notice of the need for access for purposes of performing routine maintenance on the Equipment and shall have access 24-hours a day, 7-days a week for purposes of performing emergency maintenance on the Equipment. NTMWD hereby grants Wylie a right of ingress, egress and access to the Facilities for the purpose of installing and maintaining the Equipment. 3. Standards. All work will be done according to applicable codes and regulations. 4. Consideration. Wylie agrees to pay NTMWD a sum of One Dollar ($1.00), payable in full for the term of the lease and any renewals upon execution by the parties. INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT—Page 1 H:\NTMWD\Water System\ARBJ-#385546-v2-Agreement_to_Co-locate_antennas_on_tower_owned_by_NTMWD.DOC 5. Hold Harmless. Each party does hereby agree to waive all claims against release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this contract. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to either party individually under Texas law. Wylie shall be responsible for its sole negligence. NTMWD shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 6. Term. The initial term of this Agreement shall be for ten (10) years from the date of final execution. This Agreement shall automatically be extended for two (2) additional five (5) year terms. This agreement may be cancelled by either party by a ninety (90) day written notice. 7. Miscellaneous Provisions. a) Assignment. This Agreement is not assignable. b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT—Page 2 H:\NTMWD\Water System\ARBJ-#385546-v2-Agreement_to_Co-locate_antennas_on_tower_owned_by_NTMWD.DOC to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement 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 thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Pursuit of a Governmental Function. Both Wylie and NTMWD have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. k) Sovereign Immunity. The parties agree that neither Wylie nor NTMWD has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. I) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT—Page 3 H:\NTMWD\Water System\ARBJ-#385546-v2-Agreement_to_Co-locate_antennas_on_tower_owned_by_NTMWD.DOC If to Wylie, to: City of Wylie Attn: City Manager and Fire Marshall 2000 N. Highway 78 Wylie, TX 75098 If to NTMWD, to: James M. Parks Executive Director P.O. Box 2408 Wylie, Texas 75098 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. NORTH TEXAS MUNICIPAL WATER DISTRICT By:A I►AutAIP Date: 72a05 J." es, . Parks, Executive P irector C ' Y O' WYLIE, TEXAS By: Date: INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT—Page 4 H:\NTMWD\Water System\ARBJ-#385546-v2-Agreement_to_Co-locate_antennas_on_tower_owned_by_NTMWD.DOC STATE OF TEXAS * COUNTY OF COUNTY * BEFORE ME the undersigned authority, on this day personally appeared t' I� . Imo rKS known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for North Texas Municipal Water District, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday of -A-A-1 , 2005. Notary Public in and for the o▪ tPP�-P �'� MELISA K FULLER State of Texas s °• NOTARY PUBLIC } State of Texas My p ;▪",j.,.,.,�_V Commission Expires: 3L 1 or Xs Comm. Exp. 06-14-2009 STATE OF TEXAS * * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the City of Wylie, Texas, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2005. Notary Public in and for the State of Texas My Commission Expires: INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT—Page 5 H:\NTMWD\Water System\ARBJ-#385546-v2-Agreement_to_Co-locate_antennas_on_tower_owned_by_NTMWD.DOC CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: August 17, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Resolution No.#2005-25(R) ordering a bond election to be held in the City of Wylie, Texas making provision for the conduct of the election and resolving other matters incident and related to such election. RECOMMENDED ACTION: Approve. SUMMARY: On March 22, 2005, the City adopted Ordinance #2005-12, which created a Citizen Bond Advisory Committee (CBAC) that was charged with making "recommendation(s) to the City Council . . . about the total amount of the Bond issuance and the specific projects to be included in the proposition(s) presented to the voters." Shortly thereafter, the City Council appointed fifteen members to the CBAC including naming Messrs. Jay Whitlow and Marvin Fuller, Chair and Vice Chair respectively. Other members of the Committee were Daniel Chestnut, Doris Craighead, Jim Cummings, Jamie Gregg, Jim Griffin, Janet Johnston, Linda Jourdan, Chuck Kerin, Dennis Larson, Grace Morrison, Mike Phillips, Chris Seely and Jeri Smith. The CBAC held six meetings on April 28, May 12, May 19, June 2, June 16 and July 6, 2005. The Committee listened to presentations by the general public, Dwayne Brinkley, City consultant for the Facilities Space Needs Study; Sam Satterwhite, Wylie Economic Development Corporation and the following City staff: Chris Holsted, City Engineer; Shan English, Fire Chief; Mike Sferra, Public Services Director; Mark Roath, City Manager; Donna Shirley, Interim Library Director and Jeff Butters, Police Chief. (Note: At the direction of the CBAC,the City staff also developed a Website Feedback Form to solicit citizen input.) On July 26, 2005, the CBAC recommended a Bond Program to the City Council. In turn, the City Council reviewed the CBAC's recommendations on August 16, 2005, which the Council modified after discussing said revisions with the CBAC. Attached hereto is Resolution No. #2005-25(R), which represents the proposed Bond Program. APPROVED BY: Initial Date Department Director: City Manager: 18e. \ Ws,As- RESOLUTION NO. 2005-25R) A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE, TEXAS, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS, the City Council of the City of Wylie, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: An election shall be held on the 8th day of November, 2005, in the City of Wylie, Texas, which date is not less than sixty-two (62) nor more than ninety (90) days from the date of the adoption hereof and is a uniform election date pursuant to V.T.C.A, Election Code, Section 41.001(a), for the purpose of submitting the following measures: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of$38,000,000 for permanent public improvements and public purposes, to wit: construction of street improvements at FM 1378, from Brown Street to the southern intersection of Parker Road; Stone Road (FM 544), from Ballard Avenue to Vinson Road; Brown, from FM 1378 to Ballard Avenue; Brown, from SH 78 to Stone Road and Alanis from Twin Lakes Drive to FM 544 with any remaining funds being used to construct or repair other streets and thoroughfares within the City; including drainage, curb, gutters, sidewalks, landscaping and traffic signalization and the acquisition of land and rights-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate of rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $500,000 for permanent public improvements and public purposes, to wit: construction and repair of sidewalks within the City; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and Resolution No.2005-25 (R) Call for November 8,2005 Bond Election 1 whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,500,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of fire fighting facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $6,965,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of park and recreational facilities for Founders/ Community Park, including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 5 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $10,200,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of park and recreational facilities for new Recreation Center/Park Administration facilities, including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" Resolution No.2005-25 (R) Call for November 8,2005 Bond Election 2 PROPOSITION NUMBER 6 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $8,645,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of City Hall facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 7 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $8,140,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of municipal library facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" SECTION 2: Direct Record Electronic (DRE) voting machines shall be used in this election for early voting by personal appearance and election day voting. Optical-scan ballots shall be used for early voting by mail. Optical scan ballots and DRE ballot labels shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cast their ballots either "FOR" or "AGAINST" the aforesaid measures which shall appear on the ballot substantially as follows: PROPOSITION NUMBER 1 "THE ISSUANCE OF $38,000,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" PROPOSITION NUMBER 2 "THE ISSUANCE OF $500,000 GENERAL OBLIGATION BONDS FOR SIDEWALK IMPROVEMENTS" Resolution No.2005-25 (R) Call for November 8,2005 Bond Election 3 PROPOSITION NUMBER 3 "THE ISSUANCE OF $1,500,000 GENERAL OBLIGATION BONDS FOR FIRE FIGHTING FACILITIES" PROPOSITION NUMBER 4 "THE ISSUANCE OF $6,965,000 GENERAL OBLIGATION BONDS FOR PARK AND RECREATIONAL FACILITIES FOR FOUNDERS/COMMUNITY PARK" PROPOSITION NUMBER 5 "THE ISSUANCE OF $10,200,000 GENERAL OBLIGATION BONDS FOR PARK AND RECREATIONAL FACILITIES FOR NEW RECREATION CENTER/PARK ADMINISTRATION FACILITIES" PROPOSITION NUMBER 6 "THE ISSUANCE OF $8,645,000 GENERAL OBLIGATION BONDS FOR CITY HALL FACILITIES" PROPOSITION NUMBER 7 "THE ISSUANCE OF $8,140,000 GENERAL OBLIGATION BONDS FOR MUNICIPAL LIBRARY FACILITIES" The Central Counting Station for the tabulation and counting of ballots for this election shall be located at the Collin County Elections Office, 2010 Redbud Boulevard, McKinney, Texas, and the Manager, Tabulation Supervisor, Presiding Judge and Alternate Presiding Judge at the Central Counting Station shall be appointed and designated in accordance with the provisions of the election services contract with the Collin County Elections Administrator. The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at such Station, as provided by Section 127.006 of the Election Code. SECTION 3: The entire City shall constitute one election precinct for this election and the polling place for such election shall be the Wylie High School, 2550 W. F.M. 544, Wylie, Texas and the election officers for such polling place shall be appointed in accordance with the provisions of an election services contract to be executed with the Collin County Elections Administrator. On election day, the polls shall be open from 7:00 a.m. to 7:00 p.m. The main early voting place for this election shall be the Collin County Elections Office, 2010 Redbud Boulevard, McKinney, Texas 75069, and a branch office shall be maintained at the Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas. Early voting clerks and deputy clerks at the main early voting place and branch office shall be appointed and designated in accordance with the election services contract with the Collin County Elections Administrator in accordance with the provisions of V.T.C.A., Election Code. Early voting for this Resolution No.2005-25 (R) Call for November 8,2005 Bond Election 4 election shall begin Monday, October 24, 2005, and end Friday, November 4, 2005, and the hours designated for early voting by personal appearance shall be from 8:00 a.m. to 5:00 p.m. each day, except Saturdays, Sundays and official State holidays, provided, however, early voting by personal appearance at such locations shall be extended from 7:00 a.m. to 7:00 p.m. on Thursday, November 3, 2005 and Friday, November 4, 2005 and shall also be held on Saturday, October 29, 2005 from 8:00 a.m. to 5:00 p.m. To provide convenience to the voter, City of Wylie voters will also be able to vote at any Collin County Early Voting location established for the November 8, 2005, election date. For more information regarding the early voting locations please contact Collin County Elections Administration at 800-687-8546 or www.collincountytx.gov. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the election services contract with the Collin County Election Administrator. SECTION 4: All resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the provisions of V.T.C.A., Election Code and Chapter 1 of Title 22, V.A.T.C.S., and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: A substantial copy of this resolution shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than fourteen (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty (30) days and not less than fourteen (14) full days prior to the day of the election. (remainder of page left blank intentionally) Resolution No.2005-25 (R) Call for November 8,2005 Bond Election 5 PASSED AND ADOPTED, this the 23rd day of August, 2005. CITY OF WYLIE, TEXAS John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary (City Seal) Resolution No.2005-25 (R) Call for November 8,2005 Bond Election 6 CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: August 18, 2005 Budgeted Amount: Exhibits: Two AGENDA SUBJECT: Hold a Public Hearing on the proposed tax rate for fiscal year 2005-2006 and provide taxpayers an opportunity to express their views on the tax rate. RECOMMENDED ACTION: No action required. SUMMARY: In accordance with the "Truth in Taxation" laws of the State of Texas, on August 9, 2005, the City Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for August 23, 2005. The notice of the public hearing was published in the McKinney Courier-Gazette on August 15, 2005, and the Wylie News on August 17, 2005. This public hearing has been advertised in compliance with the publication requirements set forth in the Truth inTaxation Law. The purpose of the public hearing on August 23, 2005, is to give the taxpayers an opportunity to express their views on the tax rate. The City Council may not adopt the tax rate at this hearing. The vote on the final tax rate for 2004-2005 will be during the regular meeting of September13, 2005. After the August 23, 2005, meeting and before the meeting scheduled for the final tax vote, the City Council must publish a second quarter-page notice, "Notice of Vote on Tax Rate" and hold an additional public hearing. The second public hearing is scheduled for August 30, 2005. The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. The proposed budget is based on the proposed tax rate of$0.695 per $100 valuation. This is the rate previously discussed by the Council. Any change in the proposed tax rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines. APPROVED BY: Initial Date Department Director: LW \ 8/18/05 City Manager: \ g/sit.6s` NOTICE OF PUBLIC HEARING ON TAX INCREASE Last year, the Wylie City property tax rate was $0.695000. That rate raised $9,349,704, a portion of which was used to fund operations such as: Maintenance and Operations Fund and Interest and Sinking Funds This year, Wylie City is proposing a property tax rate of $0.695000. That rate would raise $10,888,265, which is $1,538,561 more than taxes imposed last year. There will be two public hearings to consider that increase. The first public hearing will be held on August 23, 2005 at 6:00 PM at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098. The second hearing will be held on August 30, 2005 at 6:00 PM at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098. You have a right to attend the hearings and make com- ments. You are encouraged to attend and make comments if you wish. 2005 Property Tax Rates in Wylie City This notice concerns 2005 property fax rates for Wylie City. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This years effective tax rate would Impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base(the total value of taxable property)with adjustments as required by state law.The rates are given per$100 of property value. LHbt yee''r tax rate: �01 Last yearsbpterating taxes- - $7,478,526 Last year's debt taxes $1,871,178 Last year's total taxes $9,349,704 Last year's tax base $1,345,281,151 Last year's total tax rate 0.695000/$100 This year's effective tax rate: Last year's adjusted taxes(after subtracting taxes on lost property) $9,305,436 This year's adjusted tax base(after subtracting value of new property) $1,403,520,093 =This year's effective tax rate 0.663006/$100 (Maximum rale unless unit publishes notices and holds hearings.) This year's rollback tax rate: Lest year's adjusted operating taxes $7,443,117 (after subtracting taxes on lost property and adjusting for any transferred function,tax increment financing,and/or enhanced indigent health care expenditures) +This year's adjusted tax base $1,403,520,093 =This year's effective operating rate 0.530318/$100 x 1.08=this year's maximum operating rate 0.572743/$100 +This year's debt rate 0.133053/$100 =This year's total rollback rate 0.705796/$100 Statement of Increase/Decrease If Wylie City adopts a 2005 tax rate equal to the effective tax rate of $0.663006 per$100 of value,taxes would increase compared to 2004 taxes by$1,037,325. Schedule A-Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These bal- ances are not encumbered by a corresponding debt obligation. typa-p1_pi_ope►tyTax Fund Balance M&O $3,012,310 I&S $566,170 Schedule B-2005 Debt Service Prirxipal or Interest to be Contract Payment Paid from her Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to be Paid Pavement • Gen.Oblig.Series $66,667 $57,411 $500 $1.4.581 1997 Gen.Oblig.Sevier .$125000 $133,919 $500 $259,419 1999 Gen.Oblig.Series $75.000 $89.423 $500 $164,923 2000 Gen.Oblig.Series $160.000 $180,763 $50 $341,263 2001 Tax Notes Series $110.030 $1,925 $500 $112,425 2001 Gen.Oblig.Series $85,000 $92.329 $500 $177,829 2CO2 Tax Notes Series $50.OIX/ $1.993 $500 $52.493 2002 Public Prop.Fin. $65,000 $1,6.58 $50) $67,158 COntr.Oblig 1999 Gen.Oblig.Refund $365,000 $418,906 $500 $784,406 &lugs ovenrnt Comb.Tax& $215,000 $251311 $500 $466,811 Revenue C.Cr.2005 Total Required for 2005 Debt Service $2.551308 -Amount Of any)paid from funds listed in Schedule A $0 -Amount(if any)paid from other resources $466,811 -Excess collections last year $0 =Total to be paid flour taxes In 2c05 $2,084.497 +Amount added In anticipation that the unit will $0 collect only 103.00 k of its taxes in 2005 Total Debt Levy $2,084,497 This notice contains a summary of actual effective and rollback tax rates'calculations. You can inspect a copy of the full calculations at 1800 N.Graves,Suite 170.McKinney.Texas.75069. Name of person preparing this notice:Kenneth Mast Title:Collin County Tax Assessor Collector Date Prepared:August 5,2005 y.i. CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: August 5, 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-38 amending the fees, policies and procedures of the Bart Peddicord Community Center. RECOMMENDED ACTION: Approval SUMMARY: Staff reviewed the fees and policies at the Bart Peddicord Community Center and concluded that with the rising costs of staff and the fact that fees have not been changed since the Center has opened in 1997, it is time for a change. Staff researched the fees and policies of surrounding cities only to find that for comparable facilities Wylie is not receiving the revenue it could be. The major issue revolved around our current fee structure which was $10 for residents per hour, $15 for non-residents per hour, and no charge for non-profit groups. Staff proposed to change this to $40 for residents per hour, $60 for non-residents per hour, and a $20 per hour for all non-profit groups (i.e. church's, sports leagues, Chamber of Commerce). In addition to the fee changes, staff recommended to the Board the following policy changes: Staff Recommendations: *Increase rental rates to the following: $20 per hour for non-profit groups (currently$0 per hour) $40 per hour for residents (currently$10 per hour) $60 per hour for non-residents (currently$15 per hour) *$100 deposit is not currently required of non-profits except in cases of large events, such as dinners. Implement a policy that non-profits are now required to place a$100 deposit for all events. APPROVED BY: Initial Date Department Director: MS \ 8/5/05 City Manager: Mf3 \ 14Mios- 1 AGENDA SUBJECT: Consider and act upon revising the rental fees and policies at the Bart Peddicord Community Center. SUMMARY: (Continued) *Implement a minimum number of hours per rental-2 hours *Implement a policy regarding non-profits such that there will no longer be any "standing" reservations, i.e. every Tuesday, etc. We have three groups that currently have contracts through December with standing reservations and the recommendation would be to allow them to continue those meetings through December 2005, but that we would not renew those contracts after their last meeting in December. *Implement a policy that non-profit groups and others can only have one reservation at a time. Patrons cannot create a reservation for a new event date until the last one is used. *Maintain the current cancellation policy which charges a $50 fee for cancellations within 10 days of the rental date. Above are the recommendations given to the Parks and Recreation Board by staff at the July 25, 2005 meeting. At the July 25, 2005 meeting the Board approved the following recommendations to be forwarded to the City Council for consideration: Board Recommendations: *Increase rental rates to the following: $20 per hour for non-profit groups (currently $0 per hour) $60 per hour for residents (currently$10 per hour) $80 per hour for non-residents (currently$15 per hour) *$100 deposit is not currently required of non-profits except in cases of large events, such as dinners. Implement a policy that non-profits are now required to place a$100 deposit for all events. *Implement a minimum number of hours per rental-2 hours *Implement a policy regarding non-profits such that there will no longer be any "standing" reservations, i.e. every Tuesday, etc. We have three groups that currently have contracts through December with standing reservations and the recommendation would be to allow them to continue those meetings through December 2005, but that we would not renew those contracts after their last meeting in December. *Implement a policy that non-profit groups and others can only have one reservation at a time. Patrons cannot create a reservation for a new event date until the last one is used. *Define resident and non-resident status. Residents must have a current City of Wylie Utility Bill with picture ID. All non-residents will be those outside City of Wylie City limits or those not having a current City of Wylie Utility Bill with picture ID. *All proposed changes to the policy and fees will be effective October 1, 2005. 2 ORDINANCE NO. 2005-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, COMBINING AND AMENDING SECTION 20.00 (RENTAL FOR THE BART PEDDICORD COMMUNITY CENTER) OF ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has adopted Ordinance No. 98-16 (Consolidated Fees and Charges Ordinance), including certain fees for rental of the Bart Peddicord Community Center as Section 20.00; and WHEREAS, the City Council has determined it to be advantageous and beneficial to increase said fees due to rising cost of staff, comparability to other facilities and to ensure uniformity in the usage of the center. 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. 98-16, Section 20.00 (Rental for the Bart Peddicord Community Center). Section 20.00 (Rental for the Bart Peddicord Community Center) of Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) is hereby amended to read as follows: SECTION 20.00 RENTAL FOR THE BART PEDDICORD COMMUNITY CENTER SERVICE RENTAL FEE DEPOSIT REQUIRED Non Profit Groups $20.00 per hour $100.00 Residents $60.00 per hour $100.00 Non Residents $80.00 per hour $100.00 POLICY IMPLEMENTATION Minimum number hours per rental 2 $50.00 within 10 days of Cancellation Fees rental date Standing Reservations Not allowed Ordinance No.2005-38 Amending Ordinance 98-16 Page 1 401324v.1 Non Profit Reservations One reservation at a time Current City of Wylie Resident Status Definition Utility Bill with picture ID Outside of City of Wylie City Limits or those not Non Resident Status Definition having resident definition Policy Effective Date October 1, 2005 SECTION 3: Savings/Repealing Clause. Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 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, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23rd day of August, 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—August 31, 2005 Ordinance No.2005-38 Amending Ordinance 98-16 Page 2 401324v.1 RENTAL RATES REVIEW CHART CITY Plano Allen McKinney Frisco Carrollton Cedar Hill WISD Wylie Wylie Wylie •;` Current Proposed Recommended RESIDENT $75 $60 $40 $175/$100 $75 $90 $430/$100 $10 $40 $60 -_ � n .. _ `LL. ,_ 2 hr/extra firs 4hr/extra hr NON-RESIDENT $85 $80 $45 $195/$120 cannot rent $90 cannot rent $15 $60 $80 NON-PROFIT $75 $60 no policy $20 $75 $90 $430/$100 $0 $20 $20 ' '. 4hr/extra hr DEPOSIT $0 $100 $100/$300 $75 $100.00 $200.00 $500 $100 $100 for all $100 for all MIN HOURS 2 2 4 2 3 2 4 no min. 2 2 f CANCEL FEES $5admin fee $5admin fee fees refunded $5admin fee forfeit deposit forfeit deposit $50 cancel same same s $forfeit if deposit see notes deposit if cancel if cancel less fee if w/in ° cancel w/in forfeit if w/in 7 days than 24 hr 10 days 10 days cancel w/in prior to 72 hrs. event BART PEDDICORD COMMUNITY CENTER USEAGE AND RATES Renter Category #of Hours Used Current Staff Costs Revenue at current rates Revenue at proposed Staff rates Revenue at proposed Board rates 8/1/04-7/31/05 $9.78/hr $10/15/0 $40/60/20 $60/80/20 Resident 417 $4,078.26 $4,170.00 $16,680.00 $25,020.00 Non-Resident 116.5 $1,139.37 $1,747.50 $6,990.00 $9,320.00 Non-Profits* 838 $8,195.64 $0.00 $16,760.00 $16,760.00 TOTAL: 1371.5 $13,413.27 $5,917.50 $40,430.00 $51,100.00 *Non-profits include: Weight-loss group,chamber,antique tractor,sports groups,scouts,churches,HOAs,playground group. CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 23. 2005 Originating Department: Wylie EDC Prepared By: Sam Satterwhite Account Code No.#: Date Prepared: August 17. 2005 Budgeted Amount: Exhibits: WEDC FY 2005-2006 Budget AGENDA SUBJECT: Consider and act upon approval of the Wylie Economic Development Corporation (WEDC)FY 2005 —2006 Budget. RECOMMENDED ACTION:The WEDC Executive Director recommends that the Wylie City Council approve WEDC FY 2005- 2006 Budget. SUMMARY: Provided for your review is the proposed WEDC FY 2005 — 2006 Budget. The WEDC has reviewed the proposed budget and will approve the same on August 22, 2005. Council will note that there are significant increases over FY 2004—2005 within the following line items: incentives, advertising, and debt service. The proposed `incentives' expenditures are as follows: Carlisle#5 of 5 $50,000 Southern Fastening#3 of 4 50,000 Extruders (amendment to conditional grant) 10,800 Extruders 2005 Expansion#2 of 4 50,000 Sanden International (2005 inventory relocation) 27,800 Future Projects 773,470 Total $962,070 `Future projects' is an item the WEDC associates with unknown projects or programs. The WEDC is currently pursuing 2 projects which could feasibly result in the expenditure of funds well in excess of the $773,470 allocated for future projects. The council should note that while the WEDC is projecting $919,320 in revenue, a beginning fund balance is estimated at $520,229; thus resulting in the ability to fund incentives in excess of FY 2005 —2006 revenues. APPROVED BY: Initial Date Department Director: SS \ 8-16-05 City Manager: 1413 \ f3/ri/0s-- 1 AGENDA SUBJECT: The WEDC Executive Director recommends that the Wylie City Council approve the WEDC FY 2005- 2006 Budget. SUMMARY: (Continued) Pertaining to advertising, the WEDC Board of Directors, in accord with the City Manager, believes that the WEDC and City of Wylie should be more aggressive in promoting commercial development. While no specific strategy has been identified, the WEDC Executive Director has been charged with developing said strategy within the next several months. Whether it is a consultant to assist the community in promoting itself or an advertising campaign targeted at specific commercial enterprises, the WEDC Board of Directors is budgeting an additional $30,000 over existing advertising programs to fund this commercial effort. However, the WEDC Board of Directors are prepared to spend less or more than the identified amount based upon staff's, and city managements, recommendation. Debt service for the WEDC is comprised of the following projects: Land Purchase (Martinez Lane) $84,938 Water, sewer, & street improvements (Martinez) 44,235 Land Purchase (Ferrell) 31,818 Birmingham Land Trust (Bayco) 68,898 Total $229,889 The Martinez Lane purchase will close prior to September 1, 2005 with the WEDC awaiting lien releases on the Ferrell purchase. 2 WYLIE ECONOMIC DEVELOPMENT CORPORATION I he Wylie citizens, as authorized by the I exas State Legislature, created the Economic Development Corporation (WEDC) via the passage of a .5 cent sales tax increase in 1990. Funds received by the WEDC are used solely to enhance and promote economic development within the Wylie community. WYLIE ECONOMIC DEVELOPMENT CORPORATION STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATE PROPOSED 2003-2004 2004-2005 2004-2005 2005-2006 BEGINNING BALANCE $ 1,845,835 $ 1,832,370 $ 2,285,884 $ 1,979,110 REVENUES: Sales Taxes 707,127 901,720 886,100 919,320 Interest, Rental,&Misc 401,235 3,500 16,220 10,000 TOTAL REVENUES 1,108,362 905,220 902,320 929,320 TOTAL AVAILABLE RESOURCES 2,954,197 2,737,590 3,188,205 2,908,430 EXPENDITURES: Administrative Expenses 217,934 213,470 297,160 244,140 Economic Incentives 300,283 399,370 343,840 962,070 Debt Service 120,923 217,780 130,490 229,890 Capital 17,184 100,000 425,610 - Other Financing Uses 11,990 12,000 12,000 13,451 TOTAL EXPENDITURES 668,313 942,620 1,209,100 1,449,551 ENDING FUND BALANCE $ 2,285,884 $ 1,794,970 $ 1,979,105 $ 1,458,879 5611-DEVELOPMENT CORPORATION ACCOUNT ACTUAL BUDGET ESTIMATE PROPOSED NUMBER ACCOUNT DESCRIPTION 2003-2004 2004-2005 2004-2005 2005-2006 51110 Salaries 103,627 111,570 105,880 119,970 51140 Longevity Pay 380 430 430 480 51145 Sick Leave Buyback 935 1,000 990 1,290 51210 Car Allowance 8,470 8,400 8,400 8,400 51310 TMRS 10,751 15,820 10,250 11,370 51410 Hospital&Life Insurance 8,937 10,670 11,540 11,460 51420 L-T-D Insurance 264 630 340 670 51440 FICA 5,934 9,700 5,440 8,070 51450 Medicare 1,585 2,270 1,620 1,890 51470 Workers'Compensation 525 730 590 420 51480 Unemployment Comp(TEC) 306 180 180 180 PERSONAL SERVICES TOTAL 141,715 161,400 145,660 164,200 52010 Office Supplies 1,240 5,000 850 5,000 52040 Postage 434 440 310 440 52160 Tools&Equip - - - - 52810 Food Supplies 2,935 1,800 3,670 2,120 52990 Other - 500 - 500 SUPPLIES TOTAL 4,609 7,740 4,830 8,060 54810 Computer Hardware&Software - 1,000 - 1,000 MATERIALS&MAINT TOTAL - 1,000 - 1,000 56030 Incentives 300,283 399,370 343,840 962,070 56040 Special Services 28,576 - 98,230 - 56080 Advertising 9,879 12,200 10,470 42,000 56090 Community Development 11,465 5,240 17,970 5,490 56110 Communications 1,156 1,440 1,080. 1,440 56210 Travel&Training 10,489 9,340 2,470 6,380 56220 Professional Training 193 - - - 56250 Dues 5,074 4,810 4,630 5,270 56310 Insurance 303 300 300 300 56510 Audit& Legal Services 4,476 10,000 11,520 10,000 CONTRACTUAL SERVICES TOTAL 371,893 442,700 490,510 1,032,950 57110 Debt Service 120,923 217,780 130,490 229,890 1 5611-DEVELOPMENT CORPORATION ACCOUNT ACTUAL BUDGET ESTIMATE PROPOSED NUMBER ACCOUNT DESCRIPTION 2003-2004 2004-2005 2004-2005 2005-2006 DEBT SERVICE TOTAL 120,923 217,780 130,490 229,890 58110 Land-Purchase Price 165,350 100,000 223,550 - 58210 Streets and Alleys - - 201,510 - 58810 Computer Hardware&Software 2,083 - 550 - 58995 Contra Capital Outlay (150,249) - - - CAPITAL TOTAL 17,184 100,000 425,610 - 59111 Transfer to General Fund 11,990 12,000 12,000 13,451 OTHER FINANCING USES TOTAL 11,990 12,000 12,000 13,451 DEPARTMENT TOTAL 668,313 942,620 1,209,100 1,449,551 2