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09-13-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA September 13, 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 Special Called Meeting of August 30, 2005 and the Emergency Meeting of September 2,2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for Pinehurst Addition, generally located at the southwest corner of Cotton Belt and Fleming Drives. (C. Thompson,Planning and Zoning Director) C. Consider and act upon a Final Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Thompson, Planning and Zoning Director) D. Consider and act upon a Final Plat for Collins Estate Addition, generally located south of Stone Road and Stoneridge Farms Addition,west of old FM 544. (C. Thompson,Planning and Zoning Director) E. Consider an offer by TXU Electric Delivery to provide the City with benefits comparable to those agreed to with the Steering Committee of Cities and a cash payment to the City for not intervening in or participate in any Show Cause Action against them prior to July 1, 2006. (M. Roath, City Manager) RECESS CITY COUNCIL CALL TO ORDER PARKS&RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider and act upon approval of the FY 2005-2006 4B Budget, authorizing expenditures for the FY 2005 Community Services Facilities Capital Improvement Plan. ADJOURN PARKS&RECREATION FACILITIES DEVELOPMENT CORPORATION RECONVENE CITY COUNCIL ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION 1. Consider and act upon approval of the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Executive Summary The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the '/2 cent sales tax for parks, recreation, and library projects. As set out in the Articles of Incorporation,the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. 2. Consider and act upon Ordinance No. 2005-41 of the City of Wylie, Texas, adopting a budget and appropriating resources for Fiscal Year 2005-2006,beginning October 1,2005, and ending September 30,2006. (L. Williamson, Finance Director) Executive Summary The purpose of the public hearing on August 30, 2005, is to give the taxpayers an opportunity to express their views on the proposed budget. At the end of the hearing, The City Council must schedule and announce the meeting to adopt the proposed budget currently set for September 13, 2005 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North,Wylie,Texas 75098 3. Consider and act upon an Ordinance No. 2005-42 fixing the tax rate/levy for 2005 and for the fiscal year 2005-2006 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695) per $100 of assessed value. (L. Williamson, Finance Director) Executive Summary The City has held two public hearings on the tax rate so that citizens could voice they concerns or comments to the City Council. SB 18 also required specific new language in the ordinance and to be in larger type than the rest of the ordinance. This tax ordinance will generate new levies of$8,838,323 in the General Fund and $2,092,662 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Fund and represents approximately 56%of total General Fund revenues. 4. Consider and act upon Ordinance No. 2005-43 approving and authorizing the execution and delivery of $2,110,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2005" to American National Bank; specifying the terms of such contract; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contract, including the approval and execution of a Paying Agent/ registrar Agreement; and providing an effective date. (L. Williamson, Finance Director) Executive Summary Pursuant to V.T.C.A , Local Government Code, Subchapter A of Chapter 271 ( the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property.The equipment to be financed from the proceeds of the Contractual Obligations have all been approved by Council. 5. Consider and act upon approval of the purchase of 8, 232 3G radio read Master Meters. (L. Williamson, Finance Director) Executive Summary Over the last couple of months the Water Division has been working on a State required water audit. The purpose of this audit, among other things, is to determine the amount of water loss being experienced in our system from leaks and meter error.Meter error is the amount a water meter is off in registering a certain volume of water. In order to determine meter error, the Water Division randomly pulled 50 residential meters from around the City and performed a bench test on each meter. The 50 meters were selected because 50 were statistically representative. The test ran 10 gallons of water through each meter at low, medium and high flow rates. The results were tabulated. The test results indicated that at the low flow rate, the meters on average were registering only 45 % of the water passing through the meters; at medium and high flow rates only 97%. We used these readings and statistical usage flow rates to calculate the amount of water that was being delivered to our customers, but was not being billed due to meter error. The number of gallons being lost due to meter error is calculated at 46,033,637 gallons. With an average retail price of$3.55 per 1,000 gallons,the City has been losing approximately$163,500 annually in water revenue as a result of this meter error. 6. Consider and act upon awarding contracts to United Healthcare for employee group medical, dental and life insurance and to Jefferson Pilot for employee long term disability insurance. (L. Fagerstrom, Human Resources Manager) Executive Summary Competitive proposals have been solicited to provide employee group insurance coverage for the 2006 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental, life and disability policies. Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency, was the only provider to submit a proposal for group medical insurance. 7. Consider and act upon Ordinance No. 2005-45 amending Ordinance No. 2005-40 which amended Ordinance 2004-29 approving an emergency appropriation of funds for the life, health, property and the public peace of the citizens of Wylie, Texas for victims of Hurricane Katrina; providing for repealing, savings and severability clauses; and providing for an effective date. (M. Roath, City Manager) Executive Summary The City Council allocated$100,000 to aide in sheltering hurricane victims here. The City has exhausted said funds and is requesting an additional$75,000 to continue with the effort. PUBLIC HEARINGS 8. Hold a Public Hearing and consider and act upon Ordinance No. 2005-44 approving a change in zoning to amend the Riverchase Planned Development (PD 99-31) in order to remove restrictions of height of fences, generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). ZC 2005-17 (C. Thompson,Planning&Zoning Director) Executive Summary The applicant is requesting removal of the restrictive conditions of the approved Planned Development No. 99-31 PD. The PD stipulates that fences within the Riverchase subdivision may not exceed 6 feet in height. The approved amendment will conform with the City Code of Ordinances and Covenants (CCR's) of Riverchase HOA that allow fences to be constructed to a height of eight feet. 9. Hold a Public Hearing and consider and act upon Ordinance No. 2005-46 approving a Specific Use Permit for an Amateur Communications Tower and Antenna, to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. ZC 2005-16 (C. Thompson, Planning& Zoning Director) Executive Summary Twenty-four (24) notifications were mailed in compliance with State law. Nine (9) written responses have been returned. Eight (8) opposing and one (1) favoring the request, because owners of more than twenty (20) percent of the legal notification area have submitted written opposition, the affirmative vote of 3/4 (6 members) of the Council is required for approval. The Federal Communications Commission(FCC) ultimately controls the operation of individual amateur communications, as well as the limits which local governments may restrict such operations. Local regulations that involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications.Amateur radio is a public service and aids in times of emergency. 10. Consider and act upon authorizing the Mayor to execute a Warranty Deed for Park Land Dedication along Alanis Drive. (C.Hoisted, City Engineer) Executive Summary On March 22, 2005, Council approved the exchange of property on Alanis Drive for right of way, including the dedication of park land generally located east of the Glenn Knoll Mobile Home Park. Approximately 5.324 acres of land is being dedicated, which will be applied as a credit to future park land dedication requirements for other properties owned by the Grantor. 11. Consider and act upon acceptance of the resignation of Mary Vaughn and the appointment of a new member to the Library Advisory Board for the unexpired term of July 2004 to July 2006. (R. Orozco,Library Director) Executive Summary Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Board. The Board shall consist of seven(7)citizens who shall be qualified voters who shall serve for a term of two(2)years with three(3)members'terms expiring in even-numbered years and four(4)members'terms expiring in odd-numbered years. Members of the board shall elect a chairman, each July, from their membership and shall meet at the call of the chairman or at the request of the city council.The city manager shall appoint a staff representative to the board. Mary Vaughn has served faithfully as a Library Board member. However, she has recently submitted her resignation from her appointment to the Library Board due to increasing school commitments READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: • Section 551.074. To deliberate the Evaluation of the City Manager 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 9th day of September,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 AGENDA Special Called Meeting Tuesday,August 30, 2005 6:00 p.m. Wylie Municipal Complex/Conference Room 2000 Highway 78 North Wylie,Texas 75098 CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White, and Councilman Carter Porter. Mayor Pro Tem Eric Hogue and Councilwoman Reta Allen were absent. Staff present were: City Manager, Mark Roath, Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Planning& Zoning Director, Claude Thompson; Library Director, Rachael Orozco; WEDC Director, Sam Satterwhite; City Secretary,Carole Ehrlich,and Public Information Officer,Mark Witter. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Newsom gave the invocation and Councilman Porter led the Pledge of Allegiance. CITIZENS PARTICIPATION There was no one present to address Council during Citizen Participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Special Called Meeting/Work Sessions of August 16,2005 and the Regular City Council Meeting of August 23, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Joint Election Contract between Collin County and the City of Wylie for election services to be administered by Collin County Elections Administration to be held November 8, 2005. C. Consider and act upon Ordinance No.2005-39 that the City of Wylie finds certain rate case expenses of CoSery Gas Ltd. are reasonable; providing for recovery of rate case expenses; providing for repeal of conflicting ordinances. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Pro Tem Hogue and Councilwoman Allen absent. Minutes—August 30,2005 Special Called Meeting of the Wylie City Council Page 1 INDIVIDUAL CONSIDERATION Public Hearing 1. Hold a Public Hearing on the fiscal year 2005-2006 Proposed Budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing,the City Council will schedule the time and place that the vote will be taken on the proposed budget. Staff Comments Finance Director Williamson addressed Council stating that the purpose of the public hearing on August 30, 2005, is to give the taxpayers an opportunity to express their views on the proposed budget. At the end of the hearing, The City Council must schedule and announce the meeting to adopt the proposed budget currently set for September 13, 2005 at 6:00 p.m. at the City Council Chambers,Wylie Municipal Complex,2000 Highway 78 North,Wylie,Texas 75098. Public Hearing Mayor Mondy opened the Public Hearing at 6:04 p.m. asking anyone present wishing to speak on the proposed budget to come forward,state their name and address for the record. No one was present to address Council during the public hearing for the proposed budget. Mayor Mondy closed the Public Hearing at 6:05 p.m. Council Announcement City Council set the date for the final vote on the adoption of the Proposed FY 2005-2006 Budget for September 13, 2005 at the Regular City Council Meeting to be held at the Wylie Municipal Complex, 2000 Highway 78 North,Wylie,Texas 75098 at 6:00 p.m. 2. Hold the Second 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. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. Staff Comments Finance Director Williamson addressed Council stating that 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 two public hearings on the tax rate. The first public hearing was held on August 23,2005.The second public hearing is scheduled for August 30, 2005. The notices of the two public hearings were published in the McKinney Courier-Gazette on August 15, 2005, and the Wylie News on August 17, 2005. The purpose of the second public hearing on August 30, 2005, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date,time,and place of the meeting at which it will vote on the final proposed tax rate. Public Hearing Mayor Mondy opened the Public Hearing at 6:06 p.m. asking anyone present wishing to speak on the proposed tax rate to come forward and state their name and address for the record. No one was present to address Council during the public hearing for the proposed tax rate. Mayor Mondy closed the Public Hearing at 6:07 p.m. Minutes—August 30,2005 Special Called Meeting of the Wylie City Council Page 2 Council Announcement City Council set the date for the final vote on the adoption of the 2005-2006 Tax Rate for September 13, 2005 at the Regular City Council Meeting to be held at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie,Texas 75098 at 6:00 p.m. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption of Ordinance#2005-39 into the official record. ORDINANCE NO.2005-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS FINDING, AFTER REASONABLE NOTICE, THAT CERTAIN RATE CASE EXPENSES OF COSERV GAS LTD. ARE REASONABLE; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. ADJOURNMENT With no further business before Council,Councilman Newsom made a motion to adjourn at 6:10 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—August 30,2005 Special Called Meeting of the Wylie City Council Page 3 MINUTES WYLIE CITY COUNCIL AGENDA Emergency Meeting Friday, September 2,2005 3:15 p.m. Wylie Municipal Complex/Conference Room 2000 Highway 78 North Wylie,Texas 75098 An emergency has been determined to exist in accordance with Section 551.045 of the Texas Open Meetings Act because there is an urgent public necessity to accept refugees from Hurricane Katrina and to maintain public order and peace and it was not reasonably foreseeable in time to post the meeting 72 hours in advance that Wylie may be accepting hurricane victims and refugees. CALL TO ORDER Mayor Mondy called the meeting to order at 3:16 p.m. Council Members present were: Councilman Merrill Young,Councilman Earl Newsom, Councilwoman Reta Allen, and Councilman Carter Porter. Mayor Pro Tern Eric Hogue and Councilman Rick White were absent. Staff present were: City Manager, Mark Roath; Finance Director, Larry Williamson; City Engineer, Chris Holsted; Planning and Zoning Director, Claude Thompson; Fire Chief, Shan English; Police Chief, Jeff Butters; WEDC Director, Sam Satterwhite; City Secretary, Carole Ehrlich; and Public Information Officer, Mark Witter. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Newsom gave the invocation and Councilman Porter led the Pledge of Allegiance. DISCUSSION/ACTION ITEMS • Consider and act upon an emergency appropriation budget amendment,Ordinance No.2005-40, authorizing the expenditure of up to $100,000.00 over the next 30 days for the life, health, property and public peace of the citizens of Wylie and refugees or victims of Hurricane Katrina that may come to Wylie. Staff Comments Fire Chief Shan English addressed Council stating the purpose of the Emergency meeting. Chief English stated that the Dallas Fort Worth Metroplex would be receiving around 25,000 displaced Louisiana residents. Upon their arrival to Dallas, they will be checked for weapons, helped to get them situated and they will be dispersed into the community. Collin County has been asked to receive 2,000 people. Assistant Chief Flores has been in contact with Homeland Security for Collin County. This morning, Judge Ron Harris along with Mr. Kelly Stone, Department of Homeland Security asked the larger cities in Collin County; namely, the cities of Frisco, Allen, Wylie, Plano and McKinney to locate a facility in their perspective cities for the displaced Louisiana residents for an undetermined amount of time. The District Liaison for the Department of Emergency Management-Garland informed Chief English that all resources from the Red Cross has been tapped and that the City will have no help at this time and will be on its own for a while. Chief English stated Minutes—September 2,2005 Emergency Meeting of the Wylie City Council Page 1 that Mr. Stone, Department of Homeland Security advised to be informed when a location in each participating city has been chosen and how many displaced Louisiana residents the City can take and support, and that the City will be on its own for a week or two. Chief English stated that the President and the State has declared this "A Disaster". He further stated that as far as reimbursement from the Federal Emergency Management Association (FEMA); as long as we complete the necessary paperwork and deductions, the City will be reimbursed for overtime spent, any thing the City rent or that is related to housing the Louisiana residents and taking care of them. Emergency Operations Level 1 meeting has been held with the City Manager and staff to make sure we have shelter in place to handle the amount of people we may receive and that systems are in place to support them when they arrive. Chief English assured Council that we do have systems in place that can support these people. Our first choice of location was the Armory, which is the best facility due to its setting and close proximity to Wal-Mart. The second choice was the Batrix Hospital but was an option not open to us. The third choice was First Baptist Church and the fourth choice was St. Anthony's Catholic Church, both are able to handle our needs. Chief English stated that if Council approves and if the State gives the City permission to use the Armory, the Armory can feed and house up to 250 people although this amount is beyond our capacity. Chief English believes that we can take 50 people upfront at the Armory or at the churches and support them until such time that services can be put into place such as long term housing,jobs and decent daycare set up for their families. We do have the capacity to do about 100 people but Chief English stressed that until we accept this amount of people,we would like to make sure that the other participating cities are doing their part. Mayor Mondy asked Police Chief Butters to give an overview of the Police Department plans. Chief Butters stated that temporary Texas ID's will be given and that there will be a check for any warrants outstanding. Background checks for criminal purposes will be done. Chief Butters further stated that there will be an officer onsite 24 hours at the Armory which is reimbursable 100% and that an officer liaison is there to deal with any issues that may arise. Chief Butters did indicate that signing in and out will be done and that from a security standpoint, the Armory is the best facility. Day care, employment and transportation needs are also being taken care of. Assistant Fire Chief Flores noted that in addition to the 50 people in the armory,there are twenty one(21) self sufficient refugees living in Wylie. Councilwoman Allen asked how long we anticipate the use of the Armory facility for the refugees. Chief English stated that it may be as long as six months. Mayor Mondy stated that it is anticipated about a month but long term assistance may be needed. Planning and Zoning Director, Claude Thompson addressed Council and stated that the facilities being used to house the refugees are not zoned as residential. Mr. Thompson stated that Council can approve a temporarily suspension of the Zoning Ordinance regulations and allow the use of non-residential facilities. Council Action A motion was made by Councilman Newsom, seconded by Councilman Porter to approve Ordinance No. 2005-40 approving an emergency appropriation of funds for the life, health, property and the public peace of the citizens of Wylie Texas and the refugees of Hurricane Katrina and to temporarily suspend regulations of the Zoning Ordinance in order to allow residential use of appropriate non-residential facilities to allow seven (7) or more unrelated persons to domicile in Single family and Multi-Family facilities for City qualified refugees. A vote was taken and passed 5-0 with Mayor Pro Tem Hogue and Councilman White absent. Minutes—September 2,2005 Emergency Meeting of the Wylie City Council Page 2 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption of Ordinance#2005-40 into the official record. ORDINANCE NO.2005-40 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2004-29 (2004-2005 BUDGET) AND APPROVING AN EMERGENCY APPROPRIATION OF FUNDS FOR THE LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE OF THE CITIZENS OF WYLIE TEXAS AND REFUGEES OF HURRICANE KATRINA; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. ADJOURNMENT With no further business before Council,Mayor Mondy made a motion to adjourn at 3:37 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—September 2,2005 Emergency Meeting of the Wylie City Council Page 3 CITY OF WYLIE Item No. Cary Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 17, 2005 Budgeted Amount: Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon a Final Plat for Pinehurst Addition, generally located at the southwest corner of Cotton Belt and Fleming Drives. RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 16, 2005, 4—0 to recommend approval. SUMMARY: The Final Plat under consideration will create a single lot of 1.4626 acres for multi-family development. The property was originally platted as six (6) lots within the Keller's Addition in the 1950's, but was developed as apartments. The property was rezoned to change from Single-Family 8.5/17 to Multi-Family (MF) District by Council on December 14, 2004. The deteriorated apartments have been removed. The Plat indicates a 12 ft. wide alley that runs the length of the western property line. Council has abandoned this alley, and if the owner acquires the alley one additional unit will be built totaling 21 multi-family dwelling units. The Final Plat complies with all applicable technical requirements of the City of Wylie. A Site Plan was approved on August 16, 2005 by the Planning and Zoning Commission. APPROVED BY: Initial Date Department Director: CT \ 8/17/05 City Manager: MBQ \ q/q/6.5 1 .rl 1 OT n.J r leT'10%YMV1.L wf0;wnw1.w•IfF.AO.4.1 . • n IIus11C�� 13I CK 11 ��� D..1 i. fl f 11 O1 NO GRAPHIC SCALE :. 1 _ .}_ � -— rn. i 1\C T 7,.b. issP -y I wlw w waa. • Ira*__ I4.1 n.I. rr+--a+ m"x I I --1 - . 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Tw.V..VI' IR Twfw C� •' 1• IJ KAINNSltY[y�y1plryWt]fICV PLAT IkeW -'.A.......r41�..I••••and;vie, TN IY6L....A. �T _10 w.wf.� - re M.47K 2) [j—T— w a T K MAXI le" ]eMoa a l w v VI00•••mr.rw s 1A111000 A M AO0 TTI1•11P.JIC LNCGOD�M!!Ot ANDS 12 f001' aIAfCOawY.rOAC 1110 roFJW.411Alll wwwu`rl�01 'Fwe ��• .�......�..... mil El... 01lWRO-I CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 17, 2005 Budgeted Amount: Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon a Final Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 16, 2005, 3 — 1 to recommend approval. SUMMARY: The Final Plat under consideration is for a Junior High School totaling 41.155 acres. The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. The subject property is currently zoned Planned Development (PD) 2003-01, and has been zoned to allow single- family residential lots of 8,500 and 10,000 square feet. The Plat dedicates a sixty (60) feet right-of-way along the northern portion of the property for the realignment of Hensley Lane. The property abuts Hooper Road, but this will be realigned as the extension of Country Club Road to the west of the School lot by others. The school has to provide two points of access to the site and must provide the connections from Sanden Boulevard and F.M. 544 to the site, and specific alignments are still being studied by the City Engineer and WISD. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. A Site Plan was also approved by the Planning and Zoning Commission on August 16, 2005. APPROVED BY: Initial Date Department Director: CT \ 8/17/05 City Manager: htBR \ 9 A/cis 1 N A f.G E —y+ s \ ! I `En0 \ UloaweOy Gawp • on OVERNFAO �C :I yr xLotT1,Block B \\en wee FENCE \ pp oa.e6 Aar I xl w -gr.. 3.64/4 ACRES vT?;,a6° \\ • �t nm s ',m.. a; m_N,N k.�. •+ 'k• y — yam...,`=._ '('}`�a., ...„. . "�::r\ -- -- —___ ' \' m �. .s`yl lq\ "Riw,`I.�.^?mil ..r f� \„/\ _._-____-_-_-.____— - eve tl \ wf.v,-ro6aez. \ie. r[� 13 Lot 1.Black A --—__—__ __ ,... /, 7`��' 35.546 NET ACRES \ i , n ,Oe PRELIMINARY PLAT FOR RENEW PURPOSES ONLY ypr su M = w, R O SHEET 1 OF 2 !h\\ PRELIMINARY PLAT owl,.,a.f dee mfhf • \ • \ WYLIE JUNIOR HIGH SCHOOL #3 \ Lot 1, Block A. Lot 1, Block B \ Situated In The \ L K. PEGUES SURVEY — ABSTRACT 703 \ WYUE, COLLIN COUNTY, TEXAS F'� RIFNCI�'�+ +. x ms—''' - ±L \ \ Wylie Independent Stied ObNict 6Wi HIe State Plane coe.alnate. - '- ,� 51 BdlarE Street Wylie Tenn:5098 _- TNpnon•9 2 29-3000 e. E- b� Elay. —_—_ ��L.e° .a..PM.Po.666 .xw,7.4 Ya6T W P'tw ^� `a. MCRFmy.Tepee )SOT 0.S44t'•, Telephone NM)542-145E July 28.2005 OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLUN NOW.THEREFORE.KNOW ALL MEN BY THESE PRESENTS: summoY aNTFTCATE WHEREAS,the WNW Independent Schad OMrbl is Me owner of a tract That,the Wylie Independent School District acting by and through its I David J.Surduk5.hereby certify this plat of subao sae Ppved 'Recommended for Approval' of land situated M the L K.Pesuas Survey.Abstract No.703.Collin duly authorised agent,does hereby adopt this plat.designating Iron an actual an the ground savvy perlanne.under my direction,and County.Texas.and also being part of a 20.9943 acre tract and a the herein above described property os Wylie Junior Koh School/3. the m0nunwnts Owen hers.ad..exist P the fled. 40.307 acre tract as conveyed to the Woodbridge North I,Ltd a T.as an addition to the City of WySe,Collin County,Texas. The easements Ehdrman,Pbndrng&Zoning Commission Dote limited partnenhp as r.orded in Volume 5530.Page 311 of Dear shown thereon are hereby reserved for the purposes indicated. Gly of VIM..Texas Retard.of Can Texas.County, lum the nty,Tax .and being more particularly dascrbed The utility and firs lone easements bed be open to the pubic,fire aim by net..and bounds as follows; police units,garbage and rubbish co11ctbn agencies,and all public David A Sa1kan No.4613 Approved for Construction and private utaith.for oath particular use. The maintenance of Register.Proleselin.Lind Surveyor Texas Mayor.City of W BECOMING a a 1/2"Nan rod sot la toner at the southeast caner of paving on the utility and fire lone easements is the respon0bipty of t said 20.994 2943c are tract old Fan rod being at the southeast comer of the properly owner. No buibings.fences,tn..shrub..or other STATE OF MSS a treat a to Mon Hanel. Nnpravaments or growths Map be constructed,.constructed or placed yl., Dote y as recorded In Voume 4832,Page 598, upon.aver,of ammothe»» M nwnts as own. Said easements being CON OF W TY IIN D.R.C.C.T.,said Fan rod also being In Hensley Rood(*SOON pawrn.0i being hereby reservd for mutual we and occommodati.of all public Wishes using or desiring weto s same. MI and any pubfi uhlily doll BEFORE ME him undersigned moot.a Notary Pudic M and 0 Me THENCE N9T35'SPW,West Nosing Heady Rood a dislonce of 1409.93 her:the right to rernava aim keep removed all or port of any buildings, Stale of Texas an this day perscndy David J.Sodukan,km.to me 'accepted feet to a 1/2 Inch Eon rod found for caner at the intersection of teas,trees,Mru'or othsr improvements or growths which in any to be the pers.Move none W subs:Abed to the foregoing ialrtmant Hensley Rood and Hooper Rood(asphalt pavement): way may 0.fir or interfere with the construction.maintenanceall w aim ap:M.18 .d to me that he executed the sane for the purposes efficiency of Rs t tOn.Me system an the»»manta,ode all public and cane lerat.s therein Pores.and In Me cpodly therein stated. Mayor.City of Wylie,Texas Date i PENCE on nod38'E fdbaMg Hooper Rood o distance of 728.55 feet to utilities Mall at all ties have full right of ingress and egress to or a 1/2'tan sal sot Ice tarn,, from and upon the said easements for the purpose of constructing, OWN Infix my hash and seal of Mice.this the_icy of reconstructing,Inspecting,patrolling,maintaining and adding to or 2W5. THENCE NI109'27'E a detpce of 210.52 feet to a 1/2 loch Fan rod removing all or ports of Rs nespeclive systems without Me necessity set for M corner t e bpnin ing of o curve to Me right with a Mad of am of or...we orucf ionMs .e P.M...ofanyone. (Arty Public utility bearing of N3O Ma an 20.51'E and o d distance of 708.21 feet: call have the right of r and agrees to pr..Property for the THENCE along.id curve to the right through a antral angle of 3T35'5Y purpose of reading meters and any maintenance or service required or Notary Pudic In an.fa radius dislmce of 1098.82 feet and on arc distance of 721.08 or0inenN performed by that utility. Water main and wastewoar ea»- Me Slate of Texas feat to a 1/2 Ina iron rod eel for corn,, ants shall deo...de oddliarld area of waking pace for cons.ion 'Ole undenignad,la City Secretary of Ms GN of Wylie.Texas hereby and maintenance nro of the systems. Additional area is also conveyed.4 Ice certifies that the forgoing Mal Plat of W.I.S.D.Center,on addition THENCE N491y9'0♦"E.a distant.of 107.13 feet to a I/O Ina iron rod installation and maintenance of mender.alearwuts,fire hydrants, to Me City of Wylie was submitted to the City Council on the • sot for caner, safer ssnkes aim Paste caster servicas Porn the man to tin curb or day of 2005;and fhs Com..by formation. ....en*One anal description of each adddies easements herein then and Men accepted the dedication of right-of-ways,streets, THENCE$473722"E a distance of 1287.59 feet to a 1 granted shop deter Their be mined by r bastion as M.P.. easements and alleys.as Mown and set forth in and upon said Pat /2 MM iron rod oncs p Council 09n09 hfurtheris name oe herei bove rized the o note Me su.00654.accpl sot Ice a In One east IMe of ask 40.307 aae trot Pudic use yeas an dedicated to the City of Wylie.Texas,for the once cu k public usefont.for the purposes in icated on this pap. THENCE So2T5'S8'W,following the east line of said 40.307 awe tract Wrtnesa my hand this day of AD 2005. pal the east line of said 20.9943 acre tract a distance of 808.21 Mt This plot approved,lsubily Mall plotting adinacas,rubs,regulations Me PANT OF BEGINNING and containing 1.792.899 square fsot a 41.155 and resolutions of the City of Wylie,Texas. ecasof land. Wonss my hand at ,Nis the_day of City Secretory 2005. City of Wylie Selling a palion of Mie oddliw/plot by metes and bounds'0 a violation of city ordnance and stale law.N is abject to withholding of utelt.s and Deeding permits. Wyl.Independent School District BASIS OF BEARINGS: STATE OF TEXAS The bearings shown are band on True North.per CPS Observation. COUNTY OF COWN BEFORE ME,the undangned authority,o Notary Public In and for the State of Tease,on this day persona,/appeared Mono to me to be the person dens nano is wbwbad to the faeg0Mg instrument and...edged to me that he executed the sone far Me purpos and con.M,ations therein expressed and In Me capacity therein stated. OVEN under my hand and sod of office this the,,,,,,,,,day of 2005. • Notary Pudic In and M to State of Taoos PRELIMINARY PLAT FOR RENEW PURPOSES ONLY SHEET 2 O F 2 PRELIMINARY PLAT WYLIE JUNIOR HIGH SCHOOL #3 Lot 1, Block A, Lot 1, Block B Situated In The L. K. PEGUES SURVEY ' ABSTRACT 703 WYLIE, COWN COUNTY, TEXAS LIWOM Wye.Indio..l Sanod District 951 Ballard Street wyf.Tex.75098 Telephone 972 429-3000 BSIE OHL Seam Surslb9 Inc 9883 W.UnMMy Orin MdtInney Texas 75071 Tdpeler(S72).2-1458 July 28,2005 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 17, 2005 Budgeted Amount: Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon a Final Plat for Collins Estate Addition, generally located south of Stone Road and Stoneridge Farms Addition, west of old FM 544. RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 16, 2005, 4—0 to recommend approval. SUMMARY: The Final Plat for the Collins Estates Addition includes 37.842 acres and will create 60 single-family residential lots with the minimum lot size being 20,000 s.f. An open space corridor 15 feet wide and 1,200 feet long is also dedicated for City maintenance as required by the Council when the PD was approved. The easement for a major subsurface gas line (50 feet wide) runs the entire length of the northern property line, and this corridor cannot be developed. No improvements (including soft-surface trail) can be constructed within the gas easement. Two points of access are provided by the divided entry road to the subdivision. The median will be maintained by the HOA. The landscaped buffer area along F.M. 544 is an easement and will be maintained by the individual property owners. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: CT \ 8/17/05 City Manager: M8e \ q/c)Ass 1 dill I,1i. ESTAlEs iiI!_ AREA 11 r..,o mi. TO ' 'lit No OLTOOMILO -Ea0}scae-ter nom,awxa) tAo=sirso.PS. ACRES NET ARCRESG 311.1345-50.PS. l0\lm"lo YAP ��SIA rill MINIMUM fS. FRONT YARD SETRACIO REM YARD SETBACK. SIDE SIDE�S�-SR' •r"o''d47 son, • 11 WflO 1 LOT 12 I) .1 ,�}. �l��c 1 1•�[-6i.... 1• bin n • m u Im�>I+ LTY^.`: ir oil f IVIA LAI, i ;" , • : .4-7 i 1 i b....: '' ' ....1....\\‘„, ,, ; 111A.41 5,,,,, .1" __ A ai 1 %-mwr.s, 1 - IMP air . kalip.:- - V :--- 2 r . -_r__• --- c\ , . ,itolisimin\ . ..,,,,,, , „ .. ; , \ \..._ . )1 , A i i ,- 111 r�;, , �� i .0 r //ICI Tzl limo 1. ..,-- Ai 4. : 4-:,,A-„ -- • ...1 y , oi, a,.... .'‘- t ii mom- '' it 1. 11 .' GA: mai gigglier i R: , -1- --..:11., ill ,,. .iL i . lo r NwE1T ... f:mmmmtz=r' m„- wrj_---_.__. . ' 1 dr-4111k .:di , Lr .cr AA MT v. "HY�:G s1a_zr... .. ,.r.1. M" • aoe.x rma ... n •Ori 1OGLJOIL OM . MT MUMS '- Ili Will . AREA �__ N �IIIR'.-iArE CAMlccarrT_ yr :. .ate 7iRj FINAL IY.AT r M auacno .a COLLINS ESTATES ilryiy�Q� you aJ._.. ? ANmn O I - - * p "1.� __ a 7. tt I MEAD SIATIPMSiIE M�1! YA>FeNi a+s-:mom )] mN10 ION.SIAi� Y31E • Numac 7-a-mi AQ.RIC Aa1YE -- '^ CII It • f- 001313-3 OF 2 CITY OF WYLIE Item No. E City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: September 6, 2005 Budgeted Amount: Exhibits: Three AGENDA SUBJECT: Consider an offer by TXU Electric Delivery to provide the City with benefits comparable to those agreed to with the Steering Committee of Cities and a cash payment to the City for not intervening in or participate in any Show Cause Action against them prior to July 1, 2006. RECOMMENDED ACTION: Approve. SUMMARY: In 2004, a consortium of cities ("Steering Committee")joined together to require TXU Electric Delivery to show good cause about their transmission and distribution rates. Subsequently, the Steering Committee and TXU Electric Delivery reached a compromise and settled their issues. The City of Wylie was not a member of the consortium of cities. TXU Electric Delivery is offering, via their attached letter, to extend the benefits reflected in the settlement agreement. In addition, they are also offering a cash payment if the City does not intervene in or participate in any manner in any Show Cause Action regarding their rates initiated at the PUC prior to July 1, 2006. The City Attorney has reviewed the letter agreement as to form (see attached). APPROVED BY: Initial Date Department Director: \ City Manager: meg \ IA/Az- , 1 % TXU SAW Electric Delivery TXU Electric Delivery 519 Lockwood Richardson,TX 75080 June 23, 2005 Mr. Mark B. Roath City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Settlement Between TXU Electric Delivery and the Steering Committee of Cities Served by TXU Electric Delivery Dear Mr. Roath, As you know, TXU Electric Delivery Company ("Electric Delivery") and the Steering Committee of Cities Served by TXU Electric Delivery ("Steering Committee") have concluded a settlement of all outstanding issues related to existing and potential Show Cause Actions and other pending regulatory issues. The purpose of this letter is to offer your city benefits comparable to those reflected in that settlement. A copy of that settlement is attached to this letter as Exhibit A. In consideration for your city's agreement not to initiate a Show Cause Action or similar proceeding concerning Electric Delivery's rates before July 1, 2006 and not to intervene in or participate in any manner in any Show Cause Action concerning Electric Delivery's rates initiated at the PUC or in any other jurisdiction prior to July 1, 2006, Electric Delivery will make a cash payment of$21,964.16 to your city. Starting March 31, 2006, and each March 31st thereafter, Electric Delivery will also make an annual cash payment of$20,918.00 to your city. Electric Delivery's obligation to make this payment ceases on (1)the date that your city initiates, intervenes in, or participates in a Show Cause Action or similar proceeding, (2) the date that Electric Delivery ceases to have any obligation to pay any amounts under paragraph 4 of Exhibit A, or (3) the date that the tariffs approved in Electric Delivery's next system-wide rate case at the PUC or in a city rate inquiry become effective on a temporary or permanent basis ("Termination Date"); provided, however, in the year the new tariffs become effective, the annual payment shall be prorated until the Termination Date. Your city's execution of this Letter Agreement signifies your city's agreement to the terms of this paragraph. Electric Delivery and the Steering Committee have also agreed to pursue discussions concerning various subjects. Any improved processes or revised tariffs that result from Exhibit A will be made available to and will be applicable to your city. June 23, 2005 - 2 - Your city's acceptance of this Letter Agreement also signifies that your city agrees that the amounts paid under this Letter Agreement are paid solely in consideration for your city's forbearance from filing, pursuing, or intervening in any Show Cause Action or similar proceeding against Electric Delivery and are not a rate reduction, refund, rebate, discount, preference, or privilege of any kind for services provided by Electric Delivery. Upon receipt of an executed original of this Letter Agreement, Electric Delivery will send you a check in the first amount specified above. If your city agrees to the provisions of this Letter Agreement, please have a properly authorized representative of your city sign in the space provided below and return the executed original to the undersigned. The offer reflected in this letter expires on September 15, 2005. Sincerely, LOAAP-:-,--- 4,16c/ William A. Harper Manager AGREED TO AND ACCEPTED: City of Wylie By: Its: Date: Exhibit A Settlement Agreement between TXU Electric Delivery Company and the Steering Committee of Cities Served by TXU Electric Delivery dated February 22, 2005 SETTLEMENT AGREEMENT • This Settlement Agreement ("Agreement") is made and entered into between TXU Electric Delivery Company ("Electric Delivery") and the Steering Committee of Cities Served by TXU Electric Delivery Company on behalf of all cities listed on Exhibit A to this Agreement ("Cities"),hereinafter referred to jointly herein as"Signatories." WHEREAS, the city councils of 23 cities who are members of Cities passed resolutions in 2004 requiring Electric Delivery to file with those cities information that demonstrates good cause for showing that Electric Delivery's transmission and distribution rates should not be reduced (hereinafter referred to as"Show Cause Actions"); WHEREAS, other cities who are members of Cities are contemplating initiating similar Show Cause Actions against Electric Delivery; WHEREAS, Cities and Electric Delivery desire to resolve all outstanding issues related to the existing and potential Show Cause Actions and other regulatory issues; and WHEREAS, after extensive negotiations, Cities and Electric Delivery have reached a compromise and settlement to resolve those issues. NOW, THEREFORE, the Signatories, through their undersigned representatives, hereby agree to the following: 1. Electric Delivery agrees to propose and support in its next system-wide rate case or city rate inquiry one or more municipal rates, each without a demand ratchet, that together will cover all municipal accounts, including a street lighting rate and municipal pumping rate that will be lower than they otherwise would be. Cities agree to provide to Electric Delivery any information needed to design the rates described in this paragraph. 2. Electric Delivery agrees to file a system-wide rate case at the Public Utility Commission of Texas ("PUC") no later than July 1, 2006, based on a test year ending December 31, 2005 unless Cities and Electric Delivery mutually agree that such a filing is unnecessary. For those cities that do not have a City Council meeting in July, 2006, Electric Delivery will extend its effective date to accomplish suspension by August 31, 2006. However, if Electric Delivery files a system-wide rate case at the PUC on or before June 1, 2006, then Electric Delivery will not extend its effective date. 3. Cities agree that Electric Delivery is not required to respond to any pending Show Cause Action initiated by any city listed on Exhibit A to this Agreement prior to July 1, 2006. Cities further agree to abate or dismiss all pending Show Cause Actions,not to pursue any abated Show Cause Actions, and not to initiate similar actions before July 1, 2006, provided the provisions of this Settlement Agreement are honored. Cities agree not to intervene in, or participate in any manner in, any show cause action initiated at the PUC or in any other jurisdiction prior to the proceeding described in paragraph 2, or in any appeals of such show cause actions, except as necessary to protect the tariff or tariff-efforts associated with paragraph 1 or to protect the city or 1 its residents from being prejudiced in any show cause action pending on appeal at the PUC. If Cities intervene in a show cause action pending on appeal at the PUC, then Cities agree not to take any position in that proceeding that is inconsistent with its obligations under this Settlement Agreement. 4. In consideration for Cities' obligations under this Agreement, Electric Delivery agrees to make a cash payment of$8.5 million to Cities by the later of March 31, 2005 or two weeks after receiving notice from Cities that (1) all cities listed on Exhibit B to this Settlement Agreement have abated or dismissed show cause actions pending against Electric Delivery, and (2) each city on Exhibit C to this Settlement Agreement has passed a resolution ratifiying this Settlement Agreement or provided to Cities a letter in substantially the same form as Exhibit D to this Settlement Agreement that has been signed by an authorized representative of the city. Starting March 31, 2006, and each March 31s` thereafter, Electric Delivery will make an annual cash payment of$8 million to Cities. Electric Delivery's obligation to make this payment ceases on the date upon which Cities fail to comply with their obligations under this Agreement or the date upon which the tariffs approved in Electric Delivery's next system-wide rate case at the PUC or in a city rate inquiry become effective on a temporary or permanent basis ("Termination Date"); provided, however, in the year the new tariffs become effective, the annual payment shall be prorated until the Termination Date. 5. Electric Delivery agrees to work with Cities to improve the timeliness of streetlight maintenance and to develop a process so that every city-owned and Electric Delivery-owned street light is assigned an identifiable geographic location. Signatories agree to establish a task force of senior employees that will develop, by June 30, 2005, the process and planned rollout for the street light assignment project. Electric Delivery also agrees to provide to Cities a specific contact person (or persons) within Electric Delivery who will be responsible for handling all unresolved Cities' requests with respect to streetlights, including, but not limited to, billing, maintenance, installation, removal, and account initiation and closure. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph;however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 6. Electric Delivery agrees to work with Cities to establish improved communication, coordination, and timing of construction concerning relocations of Electric Delivery's facilities in public right of way. Signatories agree to establish a task force of senior employees that will develop, by June 30, 2005, the process and planned rollout of an improved relocation process. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph; however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 7. Electric Delivery agrees to discuss with Cities the payment of franchise fees on a quarterly basis regardless of whether the basis for a quarterly payment is historic or prospective and the standardization of a franchise renewal process that permits transition from a prospective basis to a historic basis where the franchise is up for renewal. Signatories agree to diligently pursue discussion of the issues discussed in this paragraph; however, failure to reach a resolution 2 of these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. S. Electric Delivery agrees to negotiate with Cities, and Cities agree to approve, a tariff that permits Cities to request undergrounding of new or existing distribution facilities. The tariff shall ensure full cost recovery by Electric Delivery through a surcharge in the requesting city in the event that no third party is required by Electric Delivery's tariff, or applicable city ordinance, to pay for undergrounding costs. That tariff will also allow Cities to request undergrounding of transmission lines to the extent Electric Delivery determines that (a) such undergrounding is feasible, (b) such undergrounding is consistent with the PUC's Substantive Rules and ERCOT's requirements, and (c) Electric Delivery can recover the costs of such undergrounding through a surcharge in the requesting city. Electric Delivery will not be obligated to file the tariff for city approval until after the expiration of the Price to Beat or the modification of the Price to Beat in a manner that allows pass through of tariff charges to the ultimate consumer. 9. Electric Delivery agrees to provide quarterly updates to representatives designated by Cities and their consultants concerning Electric Delivery's capital expenditure projects and affiliate transactions, the creation and regulatory treatment of a Pension and Health Benefits Reserve for Electric Delivery, possible workable parameters for performance based rates for Electric Delivery, and other topics as agreed upon by the Signatories. Electric Delivery will work with Cities to provide information requested by Cities concerning those topics. 10. Electric Delivery shall pay up to $10,000 per month in regulatory expenses directly to Cities' consultants, after receipt of appropriate documentation and invoices, provided said expenses may be deferred for recovery. Cities agree to support recovery of such costs in Electric Delivery's next rate case. Should recovery be denied by the PUC, then the payments will immediately cease. 11. Electric Delivery agrees to work with Cities to establish better communications between the Cities and Electric Delivery with respect to access to city meters for monthly reading. Each city shall provide in writing, by March 31,2005,a contact person for inaccessible meters for city accounts, and shall promptly notify Electric Delivery of any change in the contact person. In months where a meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months when meters are not read, Electric Delivery agrees to provide the customer with a postcard and request the customer to read the meter and return the card to Electric Delivery. If the postcard is not received by Electric Delivery in time for billing, Electric Delivery may estimate the meter reading and issue a bill. Electric Delivery agrees that all municipal meters will be read at least once every three months by it or by the respective city. The failure of a city to designate a contact person for inaccessible meters affects only that city and does not adversely impact any other city or mitigate responsibilities and benefits otherwise inherent to this Agreement. 12. Electric Delivery agrees to reimburse Cities for the expenses incurred related to the Show Cause Actions in an amount not to exceed $100,000 after receipt of appropriate documentation and invoices, and Cities agree that those costs can be deferred for recovery in its next rate case and agree to support deferral and recovery in that case. Notwithstanding any provisions in 3 existing applicable franchise agreements to the contrary, Electric Delivery agrees to reimburse Cities for reasonable and necessary expenses incurred in Electric Delivery's next rate case in an amount not to exceed $2,000,000. The rate case expense reimbursements will be made monthly, beginning with the first month after the consultants are hired. Cities further agree not to contest the recovery of Cities' rate case expenses and Electric Delivery's reasonable and necessary rate case expenses in Electric Delivery's next rate case. Electric Delivery further agrees to pay, and Cities agrees to accept, $150,000 in settlement of all previously disputed regulatory expenses. Electric Delivery will not seek reimbursement of that $150,000 amount in Electric Delivery's rates. 13. Electric Delivery agrees that, in franchise negotiations, it will not seek to extend the prohibition on reimbursement of municipal rate case expenses beyond June 2008. 14. Electric Delivery agrees that if the 2005 Texas Legislature considers the implementation of a nodal pricing system in ERCOT, then Electric Delivery will provide information to the Legislature concerning the importance of a vibrant electric transmission system and the benefits of the expansion of transmission facilities in helping to reduce congestion costs. 15. Signatories acknowledge that Electric Delivery intends to offer certain terms of this Settlement Agreement to cities served by Electric Delivery that are not listed on Exhibit A ("Negotiations"). Electric Delivery agrees that all cities listed on Exhibit A are entitled to Most Favored Nations protection during those Negotiations and that any benefits that Electric Delivery agrees to provide to any city during those Negotiations that are not already included in this Settlement Agreement will be offered to all cities listed on Exhibit A. Cities acknowledge and agree that to receive any additional benefits from Electric Delivery, additional consideration from Cities to Electric Delivery may be required. 16. The Signatories agree that the amounts paid by Electric Delivery to Cities pursuant to paragraphs 4, 10, and 12 of this Agreement are paid solely in consideration for Cities' abatement or dismissal of, and forbearance from filing or pursuing, Show Cause Actions against Electric Delivery and Cities' agreement to abide by the terms of this Agreement, and to reimburse Cities' expenses associated with the Show Cause Actions and other regulatory proceedings. To the extent that the amounts paid may be in excess of Cities' expenses, the excess is paid solely in order to settle the matters that are the subject of this Agreement. Signatories recognize and agree that the payments specified in this Agreement are not a rate reduction, refund, rebate, discount, preference or privilege of any kind for services provided by Electric Delivery or any of its affiliates or predecessors in interest under any tariff, whether in the past, now, or in the future. As such, the provision of electric delivery service to Cities by Electric Delivery or any affiliate or predecessor has been and will continue to be governed solely by the rates, terms, and conditions of the applicable tariffs. 17. Cities agree that for a ten-day period following the date this Settlement Agreement is executed, neither Cities nor the cities listed on Exhibit A will make any public statements or take any public action concerning the existence of a settlement or the terms of the Settlement Agreement. 4 18. This Agreement shall become effective only upon the execution of this Agreement and the entry of resolutions or orders abating or dismissing the Show Cause Actions. 19. Each person executing this Agreement represents that he or she is authorized to sign this Agreement on behalf of the party represented. 20. The Signatories expressly acknowledge and agree that oral and written statements made by any party or its representative during the course of the settlement negotiations that led to this Agreement cannot be used or portrayed as an admission or concession of any sort and shall not be admissible as evidence in any proceeding in any forum. Executed on this the Z2 day of February, 2005, by the Signatories hereto, by and through their undersigned duly authorized representatives. TXU Electric Delivery Company Steering Committee of Cities Served by TXU Electric Delivery Company on behalf of all cities listed on Exhibit A to this Agreement lain/ C�H1� 5 Exhibit A City of Addison City of Highland Park City of The Colony City of Allen City of Honey Grove City of Tyler City of Alvarado City of Howe City of University Park City of Andrews City of Hurst City of Venus City of Archer City City of Hutto City of Waco City of Arlington City of Irving City of Watauga City of Belton City of Jolly City of White Settlement City of Benbrook City of Josephine City of Wichita Falls City of Big Spring City of Justin City of Woodway City of Breckenridge City of Kaufman City of Bridgeport City of Keller City of Brownwood City of Kerens City of Buffalo City of Lakeside City of Burkburnett City of Lamesa City of Burleson City of Lindale City of Caddo Mills City of Little River Academy City of Cameron City of Luella City of Canton City of Malakoff City of Carrollton City of Mansfield City of Celina City of McKinney City of Centerville City of Midland City of Cleburne City of Milford City of Colleyville City of Murphy City of Collinsville City of Murchison City of Comanche City of New Chapel Hill City of Corinth City of North Richland Hills City of Crowley City of O'Donnell City of Dallas City of Oak Leaf City of Dalworthington City of Oak Point Gardens City of Odessa City of DeLeon City of Ovilla City of Denison City of Palestine City of Early City of Pantego City of Eastland City of Paris City of Edgecliff Village City of Plano City of Euless City of Ranger City of Farmers Branch City of Rhome City of Flower Mound City of Richardson City of Forest Hill City of Richland Hills City of Fort Worth City of Roanoke City of Frisco City of Robinson City of Frost City of Rockwall City of Glenn Heights City of Rosser City of Grand Prairie City of Rowlett City of Granger City of Sherman City of Grapevine City of Snyder City of Gunter City of Southlake City of Harker Heights City of Sulphur Springs City of Heath City of Sunnyvale City of Henrietta City of Sweetwater City of Hewitt City of Temple Exhibit B City of Arlington City of Benbrook City of Brownwood City of Burleson City of Carrollton City of Dallas City of Dalworthington Gardens City of Denison City of Ft. Worth City of Harker Heights City of Heath City of Pantego City of Plano City of Richland Hills City of Robinson City of Rockwall City of Snyder City of Sulphur Springs City of The Colony City of Woodway Exhibit C City of Addison City of Tyler • City of Allen City of University Park City of Andrews City of Waco City of Archer City City of Watauga City of Belton City of White Settlement City of Big Spring City of Wichita Falls City of Breckenridge City of Bridgeport City of Burkburnett City of Celina City of Cleburne City of Colleyville City of DeLeon City of Early City of Eastland City of Euless City of Farmers Branch City of Flower Mound City of Forest Hill City of Frisco City of Glenn Heights City of Grand Prairie City of Grapevine City of Henrietta City of Highland Park City of Howe City of Hurst City of Irving City of Keller City of Lakeside City of Lamesa City of Lindale City of Little River Academy City of Mansfield City of McKinney City of Midland City of Murphy City of North Richland Hills City of Oak Point City of O'Donnell City of Odessa City of Palestine City of Paris City of Richardson City of Roanoke City of Rowlett City of Sherman City of Southlake City of Sunnyvale City of Sweetwater City of Temple Exhibit D • February 21, 2005 Mr. Geoffrey Gay Suite 1800 111 Congress Avenue Austin, TX 78701 RE: Settlement Agreement between Steering Committee of Cities Served by TXU Electric Delivery and TXU Electric Delivery Company Dear Mr. Gay: I hereby acknowledge that the Steering Committee of Cities Served by TXU Electric Delivery has the authority to act on behalf of the City of in the negotiation and execution of a settlement agreement with TXU Electric Delivery Company. I also represent that I am duly authorized by the City of to sign this letter. Sincerely, [Name] [Position] TXU/letter agreement dated June 23, 2005 Page 1 of 1 Mark Roath From: Richard Abernathy [RAbernathy@ABERNATHY-LAW.com] Sent: Tuesday, July 19, 2005 9:12 AM To: Mark B. Roath Subject: TXU/letter agreement dated June 23, 2005 The form of the letter agreement is acceptable. It appears this was a joint effort of numerous cities and it appears the city representatives did a good job. Thanks Richard M. Abernathy Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Direct Dial: 214/544-4002 Fax: 214/544-4040 9/6/2005 CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM September 13, 2005 Finance Council Meeting Of: Originating Department: Prepared By: Larry Williamson Account Code No. #: Date Prepared: September 8, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT: Consider and act upon approval of the FY2005-2006 4B Budget, authorizing expenditures for the FY2005 Community Services Facilities Capital Improvement Plan. RECOMMENDED ACTION: Approval SUMMARY: The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the V2 cent sales tax for parks, recreation, and library projects. The Board of Directors of the Corporation are: Mayor John Mondy Mayor Pro Tern Eric Hogue Councilmember Rick White Councilmember Merrill Young Shirley Burnett—Library Board Member Dan Chesnut- Parks Board Member Ann Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. APPROVED BY: Initial Date Department Director: LW \ 9/8/05 City Manager: rose \ V5'4 1 AGENDA SUBJECT: Consider and act upon approval of the FY2005-2006 4B Budget, authorizing expenditures for the FY2005 Community Services Facilities Capital Improvement Plan. SUMMARY: (Continued) Proposed for FY2006 is the inclusion of the Wylie Wave personnel costs in Recreation. Also, Parks proposed new capital items to include Founders Park tennis court lighting, Valentine Park hike/ bike trail, aerator, athletic field top dresser, 12ft. riding lawn mower, ice machine, litter receptacles and soccer goals. The proposed Park projects in Valentine Park constitute the Community Services Capital Facilities Improvement Plan for FY2006. Attached is a draft summary of the 4B Revenue Fund from the FY06 Budget. The beginning fund balance, coupled with the anticipated Sales Tax revenue for the coming budget year yields a total available resource of $1,764,750. The authority to levy the '/2-cent sales tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the creation of the Parks and Recreation Facilities Development Corporation which receives and manages the sales tax receipts. 2 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATE PROPOSED 2003-2004 2004-2005 2004-2005 2005-2006 BEGINNING BALANCE $ 521,344 $ 633,780 $ 642,920 $ 835,430 REVENUES: Sales Taxes 707,126 901,720 886,100 919,320 Interest Revenues 4,855 5,000 16,220 10,000 Other Financing Sources - 6,284,000 6,284,000 - TOTAL REVENUES 711,981 7,190,720 7,186,320 929,320 TOTAL AVAILABLE RESOURCES 1,233,325 7,824,500 7,829,240 1,764,750 EXPENDITURES: Community Services: Parks 301,066 6,851,380 6,850,480 520,490 Recreation 131,333 - - 109,320 Library - - - - Transfers to Other Funds 158,004 143,330 143,330 606,280 TOTAL EXPENDITURES 590,403 6,994,710 6,993,810 1,236,090 ENDING FUND BALANCE $ 642,922 $ 829,790 $ 835,430 $ 528,660 CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM September 13, 2005 Finance Council Meeting Of: Originating Department: Prepared By: Larry Williamson Account Code No. #: Date Prepared: September 9, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT: Consider and act upon approval of the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. RECOMMENDED ACTION: Approval SUMMARY: The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the '/2 cent sales tax for parks, recreation, and library projects. The Board of Directors of the Corporation are: Mayor John Mondy Mayor Pro Tem Eric Hogue Councilmember Rick White Councilmember Merrill Young Shirley Burnett—Library Board Member Dan Chesnut- Parks Board Member Ann Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. APPROVED BY: Initial Date Department Director: LW \ 9/8/05 City Manager: \ aA�S I AGENDA SUBJECT: Consider and act upon approval of the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. SUMMARY: (Continued) Proposed for FY2006 is the inclusion of the Wylie Wave personnel costs in Recreation. Also, Parks proposed new capital items to include Founders Park tennis court lighting, Valentine Park hike/ bike trail, aerator, athletic field top dresser, 12ft. riding lawn mower, ice machine, litter receptacles and soccer goals. The proposed Park projects in Valentine Park constitute the Community Services Capital Facilities Improvement Plan for FY2006. Attached is a draft summary of the 4B Revenue Fund from the FY06 Budget. The beginning fund balance, coupled with the anticipated Sales Tax revenue for the coming budget year yields a total available resource of $1,764,750. The authority to levy the Y2-cent sales tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the creation of the Parks and Recreation Facilities Development Corporation which receives and manages the sales tax receipts. 2 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATE PROPOSED 2003-2004 2004-2005 2004-2005 2005-2006 BEGINNING BALANCE $ 521,344 $ 633,780 $ 642,920 $ 835,430 REVENUES: Sales Taxes 707,126 901,720 886,100 919,320 Interest Revenues 4,855 5,000 16,220 10,000 Other Financing Sources - 6,284,000 6,284,000 - TOTAL REVENUES 711,981 7,190,720 7,186,320 929,320 TOTAL AVAILABLE RESOURCES 1,233,325 7,824,500 7,829,240 1,764,750 EXPENDITURES: Community Services: Parks 301,066 6,851,380 6,850,480 520,490 Recreation 131,333 - - 109,320 Library - - - - Transfers to Other Funds 158,004 143,330 143,330 606,280 TOTAL EXPENDITURES 590,403 6,994,710 6,993,810 1,236,090 ENDING FUND BALANCE $ 642,922 $ 829,790 $ 835,430 $ 528,660 CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM September 13, 2005 Finance Council Meeting Of: Originating Department: Prepared By: Larry Williamson Account Code No. #: Date Prepared: September 8, 2005 hxmmn A-All minds Summary of the zuu 2006 Budget Budgeted Amount: N/A Exhibits: Budget Ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-41 of the City of Wylie, Texas adopting a budget and appropriating resources for Fiscal Year 2005-2006, beginning October 1, 2005, and ending September 30, 2006. RECOMMENDED ACTION: Approval SUMMARY: The tax rate being proposed for fiscal year 2005-2006 is the same as last year at $0.695/$100. For fiscal year 2005-2006, the total assessed valuation increased by $229,174,479.Of this amount $163,096,737 represented new construction. An increase in the assessed valuation in FY2005 will generate an additional $1,427,481 in ad valorem tax revenues. The tax rate for the I&S fund was reduced from $.1390/$100 to $0.1330. The original estimate of the General Fund Balance at the end of fiscal year 2005 was $2,231,270. After staff review, revenues at the end of fiscal year 2005 are estimated to be below budget by $285,850 and year-end expenditures are estimated to be below budget by $512,520. In addition, an increase in the actual beginning fund balance for fiscal year 2005 of $793,140 resulted in a fiscal year 2005 ending fund balance in the General Fund of$3,251,080. The FY2005 budget was prepared to maintain roughly the same level of service as in prior years. Typically, the City attempts to maintain a fund balance that is a least 15% of total estimated expenditures. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. For all budgeted funds, the projected totals for revenues and expenditures are $29,187,330 and $34,458,730, respectively. Projected expenditures will be $5,271,400 greater than budgeted revenues for all funds. The net APPROVED BY: Initial Date Department Director: CH \ 9/7/05 City Manager: H'sW \ 1/1 A 1 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-41 of the City of Wylie, Texas adopting a budget and appropriating resources for Fiscal Year 2005-2006, beginning October 1, 2005, and ending September 30, 2006. SUMMARY: (Continued) $5,271,400 spending in excess of revenues is due to draw downs in the Special Revenue Fund, Utility Fund and Capital Projects Fund. The budgeted ending fund balance projected for the General Fund for FY2006 is $3,026,340. This amount equates to a reserve of 18.73% of budgeted expenditures or approximately 68 days of operating expenses. The budgeted ending fund balance (working capital) in the Utility Fund in FY 2006 is $718,120. This amount equates to about 29.16 days of operating expenses or 8% of budgeted expenditures on hand. The City need to look at increasing water and sewer rates in the coming year to build up working capital. Eight items were changed from the proposed budget prepared for the Budget Workshop on August 1 and 2, 2005. Those items are as follows. (a) Ad valorum tax revenues were increased to reflect a tax rate of$0.695. (b) $1,450 increase in the contribution that WEDC pays the General Fund. (c) Moved $400.00 in fuel/ lubricant expense from the Facilities Department to 4B- Recreation and Purchasing. (d) Moved $50.00 for maintenance portion of community center van to 4B- Recreation. (e) Inserted $400,000 for building remodeling of animal control facility. (f) Correction to fleet replacement fee within department of$2,140. (g) Moved $42,000 for ROW of Stone Road from Utility Fund to General Fund. Right-of-way was determined to be street improvement not a utility improvement. (h) Transfer$63,000 for Contract Mowing from 4B Parks to General Fund and conversely transferred $45,000 into Parks 4B from General Fund. (i) Increased software and dues by$12,250 for Library. Amount was inadvertently left out of budget. Two action items will be placed on the September 13, 2005, City Council agenda. The first item will be an ordinance to adopt the FY2006 budget. An ordinance to adopt a tax rate of $0.695 per $100 of assessed valuation will be the second item. 2 ORDINANCE NO. 2005-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2005- 2006, BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2005-2006; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 30, 2005, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2005-2006. Section 2. That the sum of thirty five million, seven hundred and sixty seven thousand, nine hundred and thirty dollars ($35,767,930) is hereby appropriated out to the General Fund, Wylie Economic Development Corporation Fund, 4B Sales Tax Revenue Fund, Emergency Communications Fund, Fire Training Center Fund, Park Acquisition & Improvement Fund, General Obligation Debt Service Fund, 4B Debt Service Fund, Street Capital Project Fund, Utility Fund, Utility Construction Fund and Fleet Replacement Fund for payment of operating expenses and capital outlay of the operation and administration of the City according to the various purposes and intents therein described. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2005-41 Approval of Budget 2005-2006 1 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 13th day of September, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News- September 21,2005 Ordinance No.2005-41 Approval of Budget 2005-2006 2 ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2005-2006 BUDGET DEBT SERVICE FUNDS SPECIAL REVENUE G O DEBT 4B DEBT GENERAL FUND FUNDS SERVICE SERVICE BEGINNING BALANCES $ 3,251,080 $ 3,310,670 $ 571,130 $ 321,620 REVENUES: Ad Valorem Taxes 8,951,520 - 2,119,460 - Non-Property Taxes 1,849,140 1,838,640 - - Franchise Fees 1,479,850 - - - Licenses&Permits 1,114,000 - - - Intergovernmental 305,250 109,100 - - Service Fees 1,580,700 697,000 - - Court Fees 371,000 - - - Interest&Misc. Income 158,000 29,500 15,000 3,000 TOTAL REVENUES 15,809,460 2,674,240 2,134,460 3,000 Transfers from Other Funds 440,450 260,000 - 606,280 TOTAL AVAILABLE RESOURCES 19,500,990 6,244,910 2,705,590 930,900 EXPENDITURES: General Government 4,618,690 - - - Public Safety 7,069,220 1,070,080 - - Development Services 1,037,720 - - - Streets 1,501,740 - - - Community Services 1,989,750 708,810 - - Utilities - - - - Debt Service - - 2,198,650 606,280 Capital Projects - - - - Economic Development - 1,436,100 - - TOTAL EXPENDITURES 16,217,120 3,214,990 2,198,650 606,280 Transfers to Other Funds 260,000 626,730 - - ENDING FUND BALANCE $ 3,023,870 $ 2,403,190 $ 506,940 $ 324,620 ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2005-2006 BUDGET PROPRIETARY FUNDS CAPITAL PROJECTS UTILITY FLEET TOTAL ALL FUNDS UTILITY FUND CONSTR. REPLACE. FUNDS BEGINNING BALANCES $ 4,478,280 $ 2,048,880 $ 205,370 $ 1,307,570 $ 15,494,600 REVENUES: Ad Valorem Taxes - - - - 11,070,980 Non-Property Taxes - - - - 3,687,780 Franchise Fees - - - - 1,479,850 Licenses&Permits - - - - 1,114,000 Intergovernmental - - - 414,350 Service Fees - 7,977,400 406,770 10,661,870 Court Fees - - - - 371,000 Interest&Misc. Income 50,000 100,000 2,000 30,000 387,500 TOTAL REVENUES 50,000 8,077,400 2,000 436,770 29,187,330 Transfers from Other Funds - - - - 1,306,730 TOTAL AVAILABLE RESOURCES 4,528,280 10,126,280 207,370 1,744,340 45,988,660 EXPENDITURES: General Government - - - 51,000 4,669,690 Public Safety - - - 172,000 8,311,300 Development Services - - - - 1,037,720 Streets - - - - 1,501,740 Community Services - - - - 2,698,560 Utilities - 6,734,080 - 13,000 6,747,080 Debt Service - 2,254,080 - - 5,059,010 Capital Projects 3,000,000 - - - 3,000,000 Economic Development - - - 1,436,100 TOTAL EXPENDITURES 3,000,000 8,988,160 - 236,000 34,461,200 Transfers to Other Funds - 420,000 - - 1,306,730 ENDING FUND BALANCE $ 1,528,280 $ 718,120 $ 207,370 $ 1,508,340 $ 10,220,730 CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: August 30, 2005 Budgeted Amount: Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon an Ordinance No. 2005-42 fixing the tax rate/levy for 2005 and for the fiscal year 2005-2006 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695) per$100 of assessed value. RECOMMENDED ACTION: It is recommended that the City Council adopt the proposed 2005 Tax Rate and Levy Ordinance as submitted. The following is the required language for the motion as prescribed by SB 18. "I move that the property taxes be increased by the adoption of a tax rate of$0.695/$100". SUMMARY: The City has held two public hearings on the tax rate so that citizens could voice they concerns or comments to the City Council. SB 18 also required specific new language in the ordinance and to be in larger type than the rest of the ordinance. This tax ordinance will generate new levies of $8,838,323 in the General Fund and $2,092,662 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Fund and represents approximately 56% of total General Fund revenues. Article 7, Section 3(D), Failure to Adopt, of the City's Home Rule Charter states that if the City fails to adopt the budget by the twenty-seventh day of September, the tax rate adopted will be the same as the current fiscal year. The adopted Fiscal Year 2005-2006 budget requires the support of this ordinance. APPROVED BY: Initial Date Department Director: LW \ 8/30/05 City Manager: MSR \ k.- 1 ORDINANCE NO. 2005-42 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $6.03 WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2005-2006; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2005-2006; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2005-2006 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2005, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of $0.695 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: Ordinance 2005-42 Approval of Tax Rate 2005-2006 1 a) An ad valorem tax of and at the rate of$0.561947 on each $100 of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2006, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of$0.133053 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payments, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of said City of Wylie, Texas, for the fiscal year ending September 30, 2006. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance 2005-42 Approval of Tax Rate 2005-2006 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this thel3th day of September, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—September 21,2005 Ordinance 2005-42 Approval of Tax Rate 2005-2006 3 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: August 24, 2005 Ordinance,Term Sheet, Budgeted Amount: Exhibits: Amortization Schedule AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-43 approving and authorizing the execution and delivery of $2,110,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2005" to American National Bank; specifying the terms of such contract; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contract, including the approval and execution of a paying agent/registrar Agreement; and providing an effective date. RECOMMENDED ACTION: Approval of the ordinance authorizing the issuance of the Contractual Obligations and awarding the Contractual Obligations to American National Bank at a rate of 4.55% fixed rate for 10 1/3 years. SUMMARY: Pursuant to V.T.C.A , Local Government Code, Subchapter A of Chapter 271 ( the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property. The equipment to be financed from the proceeds of the Contractual Obligations have all been approved by Council and include: (1) 1 UHF radio system to be use by fire and police dispatch (2) 1 Quint fire truck (3) 8,232 3G master meters with installation (4) Plus cost of issuance Bids were solicited from American National Bank and Inwood National Bank in Wylie. American National Bank was the successful bidder with an interest rate of 4.55% fixed for 10 1/3 years The debt service will be split between the General Fund and the Utility Fund. The General Fund will finance the radio system and quint fire truck. The Utility Fund will finance the meter replacement. APPROVED BY: Initial Date Department Director: LW \ 8/24/05 City Manager: H4a9. \ qM/O 1 ORDINANCE NO. 2005-43 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2005"; SPECIFYING THE TERMS OF SUCH CONTRACT; MAKING PROVISIONS FOR THE PAYMENT THEREOF; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE EXECUTION, PERFORMANCE AND PAYMENT OF SUCH CONTRACT, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to V.T.C.A., Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and WHEREAS, in accordance with the provisions of the Public Property Finance Act, the City Council hereby finds and determines that the acquisition, use or purchase of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City, should be financed under and pursuant to one or more contractual obligations to be executed and delivered on the terms and in the form hereinafter prescribed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Contract Authorization - Contract Amount -Property Identification. A Contract, aggregating in amount $2,110,000 (the "Aggregate Contract Amount") and entitled "City of Wylie, Texas, Public Property Finance Contractual Obligation, Series 2005" (hereinafter referred to as the "Contract" or the "Contracts") shall be and is hereby authorized to be executed and delivered with the Initial Contracting Party, and the assigns thereof, to finance the use or the purchase or other acquisition of personal property identified in Exhibit A attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property"); all in accordance with and pursuant to authority conferred by the laws of the State of Texas, particularly the Public Property Finance Act. SECTION 2: Fully Registered Form -Contract Date — Installment Payments — Interest Rate. The Contracts shall be made, executed and delivered in fully registered form and as a single obligation and shall be dated September 1, 2005 (the "Contract Date"). The Aggregate Contract Amount shall be payable in semi-annual installments (the "Installment Amounts") shall be payable on February 1 and August 1, beginning on February 1, 2007 and ending on February 1, 2016; all in accordance with the amortization schedule attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. Interest on the outstanding and unpaid Aggregate Contract Amount shall be payable on February 1 and August 1 in each year, beginning on February 1, 2006. The Installment Amounts and interest thereon are hereinafter referred to as the "Semiannual Payments". The Aggregate Contract Amount is to be advanced to the City in installments and each advancement of such Aggregate Contract Amount shall accrue interest from the date of such advancement to the City (which shall be date noted in the "Advancement Ledger') to appear on the Contract) at the rate of 4.55% per annum (calculated on the basis of a 360-day year of twelve 30-day months. SECTION 3: Terms of Payment-Paying Agent/Registrar. The Semiannual Payments on the Contract shall be payable only to the registered contracting party or person (hereinafter called the "Contracting Party") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and such Semiannual Payments shall be payable in coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and without exchange or collection charges to the Contracting Party. The selection and appointment of American National Bank of Texas, Wylie, Texas to serve as Paying Agent/Registrar for the Contract is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Contract (the "Contract Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit C, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are hereby authorized to execute and deliver such Agreement in connection with the delivery of the Contract. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Contract is paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified to perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Contract, the City agrees to promptly cause a written notice thereof to be sent to each Contracting Party by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Semiannual Payments shall be payable to the Contracting Party (1) by check sent United States mail, first class postage prepaid, to the address of the Contracting Party recorded in the Contract Register or (2) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party; provided, however, the final Semiannual Payment shall be paid only upon presentation and surrender of the Contact to the Paying Agent/Registrar for cancellation. If the date for the payment of the Semiannual Payments shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. SECTION 4: Prepayment. (a) Installment Amounts of the Contract shall be subject to prepayment, at the option of the City, in whole or in part on any February 1 or August 1 at a prepayment price equal to the Installment Amount to be prepaid plus accrued interest on such prepaid Installment Amount to the date of prepayment. (b) The City shall notify the Paying Agent/Registrar of the decision to prepay all or a portion of the Installment Amounts of the Contract and the prepayment date therefor. SECTION 5: Registration-Transfer-Exchange. The Paying Agent/Registrar shall obtain, record and maintain in the Contract Register the name and address of the Contracting Party of the Contract issued under and pursuant to the provisions of this Ordinance. The 45648543.1 2 registration of the Contract shall be transferable only upon the Contract Register upon surrender thereof, together with a written instrument of transfer satisfactory to the Paying Agent/Registrar duly executed by the Contracting Party, in person or by his duly authorized agent. When the registration of the transfer in the Contract Register has been recorded and the Contract is surrendered for cancellation, the Paying Agent/Registrar shall provide, in the name of the transferee, a new single fully registered Contract in the Aggregate Contract Amount remaining to be paid at the time of the transfer or assignment. When a Contract has been duly assigned and transferred, a new Contract shall be delivered to the Contracting Party at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Contracting Party and, upon the registration and delivery thereof, such Contract shall be the valid obligation of the City evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Contract surrendered in such assignment and transfer. All transfers of the Contract pursuant to this Section shall be made without expense or service charge to the Contracting Party, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Contracting Party requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. SECTION 6: Execution - Registration. The Contract shall be executed on behalf of the City by the Mayor, with the seal of the City reproduced or impressed thereon and countersigned by the City Secretary. The signature of such officers on the Contracts may be manual or facsimile. Contracts bearing the manual or facsimile signatures of the persons holding such offices on the Contract Date shall be deemed to be duly executed on behalf of the City, notwithstanding a change in persons holding such offices at the time of delivery of the Contract to the Initial Contracting Party and with respect to Contracts delivered in subsequent assignments and transfers or exchanges. No Contract shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless the registration certificate appearing on the Contracts to be signed by the Comptroller of Public Accounts of the State of Texas (substantially in the form provided in Section 7(c)) and/or the Paying Agent/Registrar(substantially in the form provided in Section 7(d)), either or both such certificates, as the case may be, are manually executed by an authorized officer, employee or representative of the Comptroller of Public Accounts and/or the Paying Agent/Registrar, and such registration certificate, either or both, upon any Contract when duly executed by the Comptroller of Public Accounts and/or the Paying Agent/Registrar, as the case may be, shall be conclusive evidence, and the only evidence, that such Contract has been duly certified, registered and delivered. The Contract, upon approval by the Attorney General of the State of Texas and its registration by the Comptroller of Public Accounts, and upon the completion and execution of the "Registration Certificate of Paying Agent/Registrar", shall be escrowed with the Paying Agent/Registrar pending the final advancement of the Aggregate Contract Amount by the Initial Contracting Party in accordance with the terms of an agreement between the Paying Agent/Registrar and City. With each advancement of the Aggregate Contract Amount to the City, the "Advancement Ledger" attached to the Contract shall be completed by the Paying Agent/Registrar by noting (1) the date of the advancement of funds, (2) the amount of the Aggregate Contract Amount advanced, and (3) the Aggregate Contract Amount remaining to be 45648543.1 3 advanced following such advancement of funds then being made. Simultaneously with the final advancement of funds to the City by the Initial Contracting Party, the Contract shall be delivered to the Initial Contracting Party in accordance with their instructions. SECTION 7: Forms. (a) Forms Generally. The Contracts, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, the form of Assignment, Prepayment Ledger and Advancement Ledger to be printed on or attached to the Contracts, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification and such legends and endorsements (including insurance legends in the event the Contracts, or any installment amounts thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be determined by the officers executing and delivering such Contracts as evidenced by their execution. The Contracts shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Contracts as evidenced by their execution. (b) General Contract Form. REGISTERED REGISTERED NO. $2,110,000 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS ,PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 2005 Contract Date: Interest Rate: CUSIP NO: September 1, 2005 4.55% Contracting Party: American National Bank, Wylie, Texas Contract Amount: TWO MILLION ONE HUNDRED TEN THOUSAND DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, hereby agrees and promises to pay to the Contracting Party named above, or the registered assigns thereof, the Aggregate Contract Amount hereinabove stated above (or so much thereof as shall not have been prepaid prior to maturity), and to pay interest on the unpaid Aggregate Contract Amount hereof from the date of advancement to the City (as shown in the Advancement Ledger attached hereto) at the per annum rate of interest specified above computed on the basis of a 360 day year of twelve thirty day months. The Installment Amounts are payable on February 1 and August 1 of each year, beginning February 1, 2007 and ending February 1, 2016 and the interest thereon is payable on February 1 and August 1 in each year, beginning February 1, 2006, in accordance with the amortization schedule attached to this Contract (the "Semiannual Payments"). The Semiannual Payments shall be payable to the Contracting Party appearing on the Contract Register 45648543.1 4 maintained by the American National Bank of Texas, Wylie, Texas (the "Paying Agent/Registrar'), or its successor, and such Semiannual Payments shall be paid by the Paying Agent/Registrar (1) by check sent United States mail, first class postage prepaid, to the address of the Contracting Party recorded in the Contract Register or (2) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner; provided, however, the final Semiannual Payment shall be paid only upon presentation and surrender of this Contract to the Paying Agent/Registrar for cancellation. All payments of the Semiannual Payments on this Contract shall be without exchange or collection charges to the Contracting Party hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Contract is issued in the aggregate amount $2,110,000 (herein referred to as the "Contract"), executed and delivered to finance the acquisition, use or purchase of personal property, under and in strict conformity with the Constitution and laws of the State of Texas, particularly the Public Property Finance Act (V.T.C.A., Local Government Code, Subchapter A of Chapter 271) and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). Installment Amounts of this Contract may be prepaid, at the option of the City, in whole or in part, on any February 1 and August 1 at a prepayment price equal to the Installment Amount to be prepaid plus accrued interest on such Installment Amount to the date of prepayment. The City shall notify the Paying Agent/Registrar of the decision to prepay all or a portion of the Installment Amounts of the Contract and the prepayment date therefor. The decision of the City to exercise the right to prepayment shall be entered in the minutes of the governing body of the City. This Contract is an obligation of the City payable from the pledged proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the principal office of the Paying Agent/Registrar, and to all of the provisions of which the Contracting Party by the acceptance hereof hereby agrees, for definitions of terms; the description of and the nature and extent of the taxes pledged for the payment of the Contracts; the terms and conditions relating to the assignment and transfer of this Contract; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Contracting Parties; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Contract may be discharged at or prior to its scheduled payment, and the obligation evidenced by the Contracts cease to exist as an obligation of the City; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Contract, subject to certain limitations contained in the Ordinance, may be assigned and transferred on the Contract Register only upon its presentation and surrender at the principal office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the Contracting Party hereof, or his duly authorized agent. The City and the Paying Agent/Registrar, and any agent of either, may treat the Contracting Party hereof whose name appears on the Contract Register as the owner entitled to payment of the Semiannual Payments as provided in the attached amortization schedule, or a prepayment 45648543.1 5 date, and on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the execution and delivery of the Contracts is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the execution and delivery of the Contracts to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; and that due provision has been made for the payment of the Contracts and interest thereon as aforestated. In case any provision in this Contract shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Contract and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Contract to be duly executed under the official seal of the City as of the Contract Date. CITY OF WYLIE, TEXAS Mayor COUNTERSIGNED: City Secretary (SEAL) 45648543.1 6 (c) *Form of Registration Certificate of Comptroller of Public Accounts. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) OF PUBLIC ACCOUNTS ) REGISTER NO. THE STATE OF TEXAS ) I HEREBY CERTIFY that this Contract has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: omit on definitive contracts (d) Form of Certificate of Paying Agent/Registrar Certificate. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Contract has been duly delivered and registered under the provisions of the within-mentioned Ordinance; the contract or contracts initially executed and delivered by the City having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. AMERICAN NATIONAL BANK OF TEXAS, Wylie, Texas Registration date: By Authorized Signature 45648543.1 7 (e) Form of Assignment Ledger. ASSIGNMENT LEDGER FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto the assignee named below the within Contract and all rights thereunder, and hereby irrevocably constitutes and appoints the American National Bank of Texas, Wylie, Texas, or its successors, to transfer this Contract on the books kept for the registration thereof to its named assigns, with full power of substitution in the premises. Signature of Contracting Paying Agent/Registrar's Party or Authorized Acknowledgement of Representative Name of Assignee* Date of Assignment Assignment*` NOTICE: The signature on this assignment must correspond with the name of the Contracting Party as it appears on the face of the within Contract in every particular. * print name, address, zip code and social security number of assignee ** signature and printed name of bank officer and impression of bank seal 45648543.1 8 (f) Form of Prepayment Ledger. PREPAYMENT LEDGER Date of Prepayment Contract Amount Prepaid Unpaid Balance Bank Officer's Signature (g) Form of Advancement Ledger. ADVANCEMENT LEDGER Contract Amount Date of Advancement Advanced Unadvanced Balance Bank Officer's Signature SECTION 8: Levy of Taxes. To provide for the payment of the Installment Amounts to become due and payable and the payment of the interest thereon, there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied 45648543.1 9 on each one hundred dollars' valuation of taxable property in the City shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay (i) the Installment Amounts to become due and payable or an amount equal to 2% of the Aggregate Contract Amount (whichever is the greater) and (ii) the accrued interest on the Installment Amounts to become due and payable; full allowance being made for delinquencies and costs of collection. Full, complete and accurate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Contracts shall be kept and maintained by the City at all times while the Contracts are Outstanding, and the taxes collected annually for the payment of the Contracts shall be deposited to the credit of a "Special 2005 Contracts Fund" (the "Sinking Fund") maintained on the records of the City and at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Contracts. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar, from funds on deposit in the Sinking Fund, amounts sufficient to fully pay and discharge promptly each Installment Amount and interest on the Contracts as the same accrues or becomes due and payable; such transfer of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each Payment Date and each interest payment date for the Contracts. PROVIDED, HOWEVER, in regard to the payments to become due on the Contracts on February 1, 2006 and August 1, 2006, sufficient current funds, including earnings to be realized from the investment of the proceeds of sale of the Contracts pending their expenditure for authorized purposes, will be available and are hereby appropriated to make such payments; and proper officials of the City are hereby authorized and directed to transfer and deposit in the Sinking Fund such current funds (including earnings realized from the investment of the proceeds of sale of the Contracts) which will be sufficient to pay the interest payments on the Contracts on February 1, 2006 and August 1, 2006. SECTION 9: Mutilated - Destroyed - Lost and Stolen Contracts. In case a Contract shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Contract of like form and tenor, and in the same authorized amount and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract, or in lieu of and in substitution for such destroyed, lost or stolen Contract, only upon the approval of the City and after(i)the filing by the Contracting Party with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Contract, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Contract shall be borne by the Contracting Party of the Contract mutilated, or destroyed, lost or stolen. Every replacement Contract issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Contracts; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Contracts. SECTION 10: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Contracting Parties, the Installment Amounts, together with the accrued interest thereon, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other 45648543.1 10 obligations of the City to the Contracting Parties shall thereupon cease, terminate, and be discharged and satisfied. The Contracts shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full the Installment Amounts as the same shall become due and payable in accordance with the attached amortization schedule or on a prepayment date, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the Installment Amounts and accrued interest on and prior to each payment date or to the prepayment date therefor(if a notice of prepayment has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made). The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Contracts to be treated as "arbitrage obligations" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is in excess of the amounts required for the payment of the Contracts in accordance with the defeasance provisions shall be remitted to the City or deposited as directed by the City. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. SECTION 11: Ordinance a Contract-Amendments - Outstanding Contracts. This Ordinance shall constitute an agreement with the Contracting Party from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any of the Contracts remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Contracting Parties, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Contracting Parties, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Contracting Parties to Contracts which are Outstanding and represent a majority of the aggregate Installment Amounts affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of Contracting Parties of all Contracts which are Outstanding, no such amendment, addition, or rescission shall 45648543.1 11 (1) extend the time or times of payment of the Installment Amounts and interest on the Contracts, reduce the Installment Amounts, change the prepayment price or the rate of interest thereon, or in any other way modify the terms of payment of the Contracts, (2) give any preference to any Contract over any other Contract, or (3) reduce the aggregate Installment Amount of Contracts required to be held for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Contracts means, as of the date of determination, all Contracts theretofore delivered and registered under this Ordinance, except: (1) those Contracts cancelled or delivered to the Paying Agent/Registrar for cancellation; (2) those Contracts for which the Installment Amounts and all interest payable thereon has been paid or is deemed to be fully paid in accordance with the provisions of Section 10 hereof; and (3) those mutilated, destroyed, lost, or stolen Contracts for which replacement obligations have been registered and delivered in lieu thereof as provided in Section 9 hereof. SECTION 12: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 12, the following terms have the following meanings: "Closing Date" means the date on which the Contracts are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Contracts. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Contracts are invested and which is not acquired to carry out the governmental purposes of the Contracts. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, 45648543.1 12 and 103 of the Internal Revenue Code of 1954, which are applicable to the Contracts. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of (1) any Investment has the meaning set forth in Section 1.148- 5 of the Regulations; and (2) the Contracts has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Contract to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Contract, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Contracts: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Contracts, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Contracts or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Contracts to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, 45648543.1 13 constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Contracts directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Contracts. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Contracts to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Contract is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Contracts with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Contracts until six years after the final Computation Date. (3) As additional consideration for the purchase of the Contracts by the Underwriters and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of an appropriate fund, or if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Interest and Sinking Fund the amount that when added to the future value of previous rebate payments made for the Contracts equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the 45648543.1 14 rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 3(h)of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Contracts, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Contracts not been relevant to either party. (j) Elections. The City hereby directs and authorizes the City Manager and Director of Finance, either individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Contracts, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 13: Sale of the Contracts. The offer of American National Bank of Texas, Wylie, Texas (herein referred to as the "Initial Contracting Party") to purchase the Contracts in accordance with a letter, dated September 13, 2005, attached hereto as Exhibit D and incorporated herein by reference as a part of this Ordinance for all purposes is hereby accepted and the sale of the Contract to said Initial Contracting Party is hereby approved and authorized. The Mayor and City Secretary are hereby authorized and directed to sign the acceptance clause of said letter for and on behalf of the City and as the act and deed of this City Council. Delivery of the Contracts to the Initial Contracting Party shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 14: Cancellation. All Contracts surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Contracts previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Contracts so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Contracts held by the Paying Agent/Registrar shall be returned to the City. SECTION 15: Notices of Contracting Parties. Wherever Ordinance provides for notice to Contracting Parties of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to 45648543.1 15 the address of each Contracting Party appearing in the Contract Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Contracting Parties is given by mail, neither the failure to mail such notice to any particular Contracting Party, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Contracts. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Contracting Party entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by a Contracting Party shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Proceeds of Sale. The Aggregate Contract Amount (less costs of issuance) shall be deposited in an acquisition fund maintained at the City's depository bank. Pending expenditure for the Property, such funds may be invested in authorized investments, and any earnings from such investments may be expended for the Property or deposited to the credit of the Sinking Fund. All surplus proceeds of sale of the Contracts, including investment earnings, remaining after acquisition of the Property shall be deposited to the credit of the Sinking Fund. SECTION 17: Legal Opinion. The Initial Contracting Party's obligation to accept delivery of the Contracts is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving the Contracts as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Contracts. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Contracts. SECTION 18: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Contracts. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Contracts shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Contracts as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Contracts. SECTION 19: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Contracting Parties, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Contracting Parties. SECTION 20: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 21: Governing Law. This Ordinance and the Contracts authorized to be executed and delivered hereunder shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 22: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. 45648543.1 16 SECTION 23: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 24: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 25: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Local Government Code, Chapter 551. SECTION 26: Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. [remainder of page left blank intentionally] 45648543.1 17 PASSED AND ADOPTED, this September 13, 2005. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 45648543.1 S-1 EXHIBIT A DESCRIPTION OF PROPERTY Description of Property Estimated Cost UHF Radio System for Police and Fire Dispatch $ 300,000 Quint Fire Truck $ 600,000 9,000 3G Master Meters $1,200,000 Total $2,100,000 45648543.1 A-1 EXHIBIT C PAYING AGENT/REGISTRAR AGREEMENT 45648543.1 C-1 EXHIBIT D PURCHASE AGREEMENT 45648543.1 D-1 ity of Wylie $2,110,000 Public Property Finance Contractual Obligations Series 2005 PURCHASER: American National Bank PRINCIPAL AMOUNT OF NOTE: $2,110,000 EQUIPMENT TO BE FINANCED: (1) 1 UHF radio system to be use by fire and police dispatch. (2) 1 Quint fire truck. (3) 9,000 3G master meters with installation. BANK QUALIFIED: No TERM: 10 1/3 years, with the first 4 months being structured as a revolver with interest only. The remaining 10 years will be use to amortized the debt per the attached schedule. INTEREST: Interest will be exempt for federal income taxes purposes (tax- exempt). INTEREST RATE: 4.55 % SECURITY: The loan constitutes a direct obligation of the City, payable from a combination of (1) the levy and collection of a direct and continuing ad valorem tax, and (2) other lawfully available revenues. REDEMTION: The City reserves the right, at its option to redeem the Notes in whole or in part at par plus accrued interest without penalty on any Interest Payment Date INTEREST PAYMENT DATE: Interest on the loan accrues from October 3, 2005 and is payable on each February 1 and August 1 of each year until paid. PAYMENT OF PRINCIPAL: Principal on the loan will be payable beginning on February 1, 2007 and payable February 1st and August 1st of each year thereafter with the final principal payment being made on February 1, 2016. ity Of Wylie $2,110,000 Public Property Finance Contractual Obligations Series 2005 Certificate Amortization Schedule Payment Payment 4.55% Certificates Date Amount Principal Interest Outstanding Oct 3,2005 - - - $1,553,000.00 Feb 1,2006 $23,233.80 - $23,233.80 2,110,000.00 Aug 1,2006 158,633.74 $110,631.24 48,002.50 1,999,368.76 Feb 1,2007 158,633.74 113,148.10 45,485.64 1,886,220.65 Aug 1,2007 158,633.74 115,722.22 42,911.52 1,770,498.43 Feb 1,2008 158,633.74 118,354.90 40,278.84 1,652,143.52 Aug 1,2008 158,633.74 121,047.48 37,586.27 1,531,096.05 Feb 1,2009 158,633.74 123,801.31 34,832.44 1,407,294.74 Aug 1,2009 158,633.74 126,617.79 32,015.96 1,280,676.95 Feb 1,2010 158,633.76 129,498.36 29,135.40 1,151,178.59 Aug 1,2010 110,701.77 84,512.46 26,189.31 1,066,666.12 Feb 1,2011 110,701.77 86,435.12 24,266.65 980,231.01 Aug 1,2011 110,701.77 88,401.52 22,300.26 891,829.49 Feb 1,2012 110,701.77 90,412.65 20,289.12 801,416.83 Aug 1,2012 110,701.77 92,469.54 18,232.23 708,947.29 Feb 1,2013 110,701.77 94,573.22 16,128.55 614,374.07 Aug 1,2013 110,701.77 96,724.76 13,977.01 517,649.31 Feb 1,2014 110,701.77 98,925.25 11,776.52 418,724.05 Aug 1,2014 110,701.77 101,175.80 9,525.97 317,548.25 Feb 1,2015 110,701.77 103,477.55 7,224.22 214,070.70 Aug 1,2015 110,701.77 105,831.67 4,870.11 108,239.04 Feb 1,2016 110,701.49 108,239.05 2,462.44 0.00 - $2,110,000.00 $510,724.76 - CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM September 13, 2005 Council Meeting Of: Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: August 18, 2005 Budgeted Amount: $1,623,387 Exhibits: Financial Analysis AGENDA SUBJECT: Consider and act upon approval for the purchase of 8,232 3G radio read Master Meters. RECOMMENDED ACTION: The finance department recommends approval for the purchase and installation of new meters to replace our aging meter system. The purchase will be partially financed by public property finance contractual obligations and partially through revenues earmarked for meter purchases. SUMMARY: Over the last couple of months the Water Division has been working on a State required water audit. The purpose of this audit, among other things, is to determine the amount of water loss being experienced in our system from leaks and meter error. Meter error is the amount a water meter is off in registering a certain volume of water. In order to determine meter error, the water division randomly pulled 50 residential meters from around the City and performed a bench test on each meter. The 50 meters were selected because 50 were statistically representative. The test ran 10 gallons of water through each meter at low, medium and high flow rates. The results were tabulated. The test results indicated that at the low flow rate, the meters on average were registering only 45 % of the water passing through the meters at medium and high flow rates only 97% (see Exhibit A). We used these readings and statistical usage flow rates to calculate the amount of water that was being delivered to our customers, but was not being billed due to meter error. The number of gallons being lost due to meter error is calculated at 46,033,637 gallons (see Exhibit B). With an average retail price of $3.55 per 1,000 gallons the City has been losing approximately $163,500 annual in water revenue as a result of this meter error(see Exhibit C). APPROVED BY: Initial Date Department Director: LW \ 8/18/05 City Manager: MQR \ c/'/ar 1 AGENDA SUBJECT: Consider and act upon approval for the purchase of 8,232 3G radio read Master Meters. SUMMARY: (Continued) EXHIBIT B (1) Total Volume Meter Meter Flew Percent, Sales At Flow Registration Error In ;',',4Rates Volume Volume Rate Percent Gallons Low 2.00% 1,130,566,512 22,611,330 0.450 12,436,231 Medium 63.80% 1,130,566,512 721,301,435 0.970 21,639,043 High 34.20% 1,130,566,512 386,653,747 0.970 11,958,363 46,033,637 Cost of Water Loss is : $163,500 (1) Based on information from Tao Pechin, "Statistical Sampling for Controlling the Accuracy Small Meters Faced with these losses, it becomes apparent that in order to capture these lost revenues, a major portion of the meters currently in the ground need to be replaced. This creates a number of other issues. The first issue deals with the time table for replacement of meters. There are three options: (1) Do nothing (2) Replace the meters over time (3) Replace the whole system all at one time Doing nothing would mean approximately $163,000 per year in lost water revenues. Replacing the meters over time would reduce the loss, but would require higher staffing levels to deal with the 6,000 meters that are currently not radio read meters. From a financial perspective Option 2 and Option 3 are a wash. Paying for meter replacement with the additional water revenues over time would be the same as financing the meters up front and making principal and interest payments with the additional water revenues over time. Depending on the technology selected, the annual financing cost would range from $130,000 to $170,000. The Finance Department recommends replacing all of the meters at one time. In this way, the City captures all the lost water revenues going forward, even though most if not all of the money would be used to finance the meter replacement. This in effect is a self- financing mechanism that will allow the City to upgrade our entire system to radio read meters by January 06. This will significantly reduce our future personnel costs in Utility Billing. 2 AGENDA SUBJECT: Consider and act upon approval for the purchase of 8,232 3G radio read Master Meters. SUMMARY: (Continued) The second issue deals with the type of equipment to use in the replacement program. The city has been using an add-on product called a Firefly( FF ). This device converts manual read meters to radio read by optically reading the meter's hand as it goes around and sends out a radio signal to a hand held device. The City started using the FF in 1999 and currently has approximately 2,043 FFs in the ground. The city has experienced a lot of trouble with the FF because of moisture and wiring harness damage. The FF requires additional staffing levels because of the number of re-reads and repairs necessary to keep the FF operational. This additional level of maintenance reduces the financial benefits that an Automated Meter Reading (AMR) system should generate. At the time the FF were introduced, the FF was a simple and less expensive way to upgrade existing meters to AMR technology, without changing meters. Since the introduction of the FF, major advances in AMR technology have taken place. Master Meter, a major meter manufacturer, has introduced a new meter called a 3G (3G). This new meter has state of the art technology, housed in a brass meter base similar to the standard water meter. The 3G is a more durable design with better electronic technology and a substantially better warranty than the FF. The 3G has a number of added benefits for the City as well. (1) Lower Installation Costs (see EXHIBIT D) EXHIBIT D Items,,_ Fireflies 3G Master Meter 3G $35.00 $163.00 Meter installation (labor) 25.25 29.00 Firefly Equipment 110.00 Firefly Installation 25.25 Plastic Lids for Firefly 14.00 Lid Installation 6.00 $215.50 $192.00 (2) Lower operating cost (additional personnel for FFs) (see Exhibit E) (3) Stronger radio signals for faster reading and eventually tower reading (4) Compatibility with existing Wylie Northeast and East Fork equipment. In the event of annexation the City would not have to run dual systems. (5) Larger data retention The big disadvantage in switching from the FF to the 3G is the embedded cost the City has in the FF. The City has 2,043 FF in the ground with another 800 in the warehouse. While it is unlikely that we could find a buyer to purchase the 800 FF at our cost, we believe we can find a buyer for the 800 FF at a reduced price. Our analysis assumes a 50% recapture rate on these 800 FF. Consequently the total embedded cost that the City has in the FF is $268,730. 3 EXHIBIT A Firefly Versus Master Mster 3G Meter Flow Test Low Med High Address Serial # I Brand Flow Lo. Flow Flow Hi. 1 100 Carriagehouse WY. 32143549 3/4" RW 35% 98% 97% 2 512 Rustic PL. _ 18803272 3/4" RW 40% 92% 96% 3 504 Silverleaf 17040112 3/4" RW 0% 90% 92% 4 404 Fleming 20700230 3/4" RW 40% 98% 98% 5 212 N. Birmingham 33812110 3/4" RW 90% • 100% 98.5% 6 400 Marble _34253515 3/4" RW 70% ▪ 98% 98% 7 401 N.Jefferson 35411534 3/4" RW 50% 97% 95.5% 8 307 N.Winding Oaks 18356003 3/4" RW 0% 94% 94% 9 303 N. Second 28484820 3/4" RW 60% • 100% 98% 10 301 N. First 17633028 3/4" RW 0% 90% 97% 11 320 S. Second 33828143 3/4" RW 8% 91% 95% 12 330 S. First 33969308 3/4" RW 0% 95% 97% 13 202 S.Third 36673547 3/4" RW 70% 100% 97% 14 402 Ducan WY 20611706 3/4" RW 10% 97% 97.5% 15 804 Mardi Gras 32728017 3/4" RW 30% • 99% 98.5% 16 506 Valentine 37885767 3/4" RW 80% 100% 99% 17 308 Willow WY. 22403595 3/4" RW 65% 99% 98% 18 719 Flagstone 17971287 3/4" RW 80% 100% 98% 19 427 N. Fourth .33397601 3/4" RW 65% 98% 97.5% 20 305 Hill Top 27751288 3/4" RW 70% 99% 97.5% 21 108 Windsor 25270127 3/4" RW 60.0% 100.0% 98.9% 22 110 Windsor 33966707 3/4" RW 50.0% • 98.0% 98.0% 23 120 Windsor 33397728 3/4" RW 40.0% 100.0% 98.0% 24 704 Norfork 33387146 3/4" RW 50.0% • 100.0% 98.0% 25 115 Fairmount 35411597 3/4" RW 30.0% 100.0% 97.5% 26 402 Vicki 29877135 3/4" RW 10.0% 98.0% 97.5% 27 426 Kamber .33378004 3/4" RW 0.0% 90.0% 93.5% 28 413 Kamber 0 3/4" RW 80.0% 100.0% 96.5% 29 409 Kylie 1100 3/4" RW 0.0% • 87.0% 95.2% 30 416 Kylie 32247685 3/4" RW 0.0% 95.0% 95.5% 31 1306 Devonshire 26838276 3/4" RW 80.0% 98.0% 98.0% 32 110 Martin blank 3/4" RW 70.0% 100.0% 96.5% 33 306 Cedar Ridge 36563490 3/4" RW 34 410 S. Second 21520279 3/4" RW 90.0% 100.0% 97.5% 35 1519 Schooner Bay 22468451 3/4" RW 0.0% 94.0% 98.5% 36 1207 Anchor 54078295 3/4" Sensus 95.0% 100.0% 99.5% 37 1415 Anchor 39815825 3/4" RW 80.0% 100.0% 93.0% 38 1002 Foxwood Ct. 36803391 3/4" RW 0.0% 95.0% 100.5% 39 1020 Foxwood Ct. 18864527 3/4" RW 70.0% 95.0% 97.0% 40 801 Atumn Hill 19824003 3/4" Sensus 50.0% 99.0% 98.0% 41 802 Forest Edge 34844775 3/4" RW 80.0% 100.0% 99.5% 42 808 Atumn Hill 3886183 3/4" RW 70.0% 98.0% 97.0% 43 507 Candelbrook Ct 24675009 3/4" Sensus 0.0% 93.0% 98.7% 44 403 Foxwood Dr. '23285944 3/4" RW 10.0% 88.0% 95.5% 45 1055 Carriage Ln. 21042906 3/4" Sensus 20.0% 97.0% 96.8% 46 902 Heatherwood 8811 3/4" RW 0.0% 88.0% 94.0% 47 304 Tangelwood 33472963 3/4" RW 90.0% 101.0% 99.5% 48 818 Heatherwood 35184354 3/4" RW 10.0% 96.0% 95.5% 49 920 Springwood 33398151 3/4" RW 80.0% 100.0% 99.5% 50 913 Foxwood 55651257 3/4" RW 80.0% 101.0% 99.5% 51 222 Rushcreek 37886082 3/4" Sensus 70.0% 100.0% 99.3% Total 45% 97% 97% EXHIBIT C Firefly Versus Master Meter 3G Average Cost of Water Average Monthly Residential Use: 7,581 Average Monthly Residential Bill: 26.93 Average Cost Per Gallon of Water: $3.55 1,000.00 8.90 8,900.00 8.90 1,000.00 2.12 2,120.00 2.12 5,581.00 2.85 15,905.85 15.91 7,581.00 26,925.85 26.93 EXHIBIT D Fit*Ely Versus ter ter 3G Installation Costs Items Fireflies Master Meter 35.00 163.00 Meter installation (labor) 25.25 29.00 Firefly Equipment 110.00 Installation(labor) 25.25 Plastic Lids 14.00 Lid Installation 6.00 215.50 192.00 EXHIBIT E Firefly Versus Master Meter FireFly Replacement, Installation Costs and Operating Costs Installation Cost of A Firefly: 215.50 Number of Meters to be Replaced:: 6,957.00 Number of Fireflys In the Ground: 2,043.00 Number of New Meters Per Year: First 5 years 1,000.00 Replaced New **Replacement Installation *Additional Total Cumulative Date Meters Meters Costs Costs Operating Cost Cost Cost 1 2006 6,957 1,000 1,407,233 215,500 48,180 1,670,913 1,670,913 2 2007 1,000 0 215,500 48,180 263,680 1,934,593 3 2008 1,000 0 215,500 48,180 263,680 2,198,273 4 2009 1,000 0 215,500 48,180 263,680 2,461,953 5 2010 1,000 0 215,500 48,180 263,680 2,725,633 6,957 5,000 1,407,233 1,077,500 240,900 2,725,633 * One addtional person each year for rereads and maintenance problems ** The reduced amount the first year reflects the 800 Fireflies we have in inventory. EXHIBIT E (Continued) Firefly Versus Master Meter 36 Master Meter Replacement, Installation Costs and Operating Costs Installation Cost of A 3G Meter: 192.00 Number of Meters In the Ground: 9,000.00 Number of Fireflys In the Ground: 2,043.00 Number of New Meters Per Year: First 5 years 1,000.00 Replaced New **Replacement Installation *Additional Total Cumulative Date Meters Meters Costs Costs Operating Cost Cost Costs 1 2006 9,000 1,000 1,602,816 192,000 1,794,816 1,794,816 2 2007 1,000 0 192,000 192,000 1,986,816 3 2008 1,000 0 192,000 192,000 2,178,816 4 2009 1,000 0 192,000 192,000 2,370,816 5 2010 1,000 0 192,000 192,000 2,562,816 9,000 5,000 1,602,816 960,000 2,562,816 **The reduced amount for the first year reflects Master Meter's 768 free meters. Page 1 of 2 Larry Williamson From: Johnson Supply [johnsonlab@earthlink.net] Sent: Friday, July 29, 2005 2:56 PM To: Larry Williamson Cc: MMMM102@aol.com Subject: AMR proposal Larry, The proposal to refit the City of Wylie with Master Meter 3-G 3/ meters is as follows: To replace 2,043 meters fitted with Data-Matic units, Master Meter will furnish direct to the city 2,046 full 3/ 3-G meters as follows. 1,278 meters @ $163.00= $208,314.00 768 meters @ no charge 2,043 labor @ $29.00= $59,334.00 Sub Total $267,648.00 To replace remaining meters with full 3/ 3-G meters, 6,957 meters @ $163.00= $1,133,991.00 6,957 labor @ $29.00= 201,753.00 Sub Total $1,335,744.00 Drive by System to consist of Panasonic Toughbook computer, EMMR Transceiver, Antenna and Cables, Camber Johnson computer mount, Route Management Software to include Geocode mapping, 3-G technician software, 3-G Track-it, data logging software, 2 days on-site training and one year telephone support. System Complete $19,995.00 Total $1,623,387.00 Optional 2nd hardware package to consist of Computer, EMMR, antennas, cables and mount; Firm price to follow but it appears to be about $10,000.00 as there is some charge for additional software installation and associated fees. We appreciate the opportunity to be of service to the City of Wylie. Roy Stark President Johnson Lab & Supply Original Message From: Jerry Potter [mailto:jpotter@mastermeter.com] Sent: Friday, July 29, 2005 8:49 AM 8/18/2005 CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM September 13, 2005 HR/Purchasing Council Meeting Of: Originating Department: Prepared By: Fagerstrom/Holcomb Account Code No. #: Various Accounts Date Prepared: September 6, 2005 Budgeted Amount: $1,497,750.00 Exhibits: Insurance Plan Summary AGENDA SUBJECT:Consider and act upon awarding contracts to United Healthcare for employee group medical, dental and life insurance and to Jefferson Pilot for employee long term disability insurance. RECOMMENDED ACTION:Staff recommends awarding the contracts. SUMMARY: Competitive proposals have been solicited to provide employee group insurance coverage for the 2006 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental, life and disability policies. Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency, was the only provider to submit a proposal for group medical insurance. Other providers declined to submit quotes on medical due to the group's high claims experience during the previous year. The renewal rate submitted for the current benefit plan would require a 13 per cent rate increase. Staff is recommending an alternate plan that would result in a slight modification in the prescription drug benefit. A $100 deductible would be added to the prescription benefit and the cost of non-generic drugs would be increased from $25 to $30. This plan would bring the rate increase down to 9 per cent which is below the current industry average. Dental proposals were submitted by Aetna (the current provider), United Healthcare and Blue Cross/Blue Shield. The Blue Cross proposal did not meet the City's specifications. The United rates for employee only are slightly lower than Aetna and the dependent rates for children (only) and spouse (only) are significantly lower. As an added benefit, United offers a "packaged savings" discount of$5.00 per month per employee when ancillary insurance lines are added in conjunction with their medical plan. The discount applies to the first year of coverage only. A less tangible benefit is the convenience of having medical and dental coverage under the same provider. Proposals for employee life insurance were submitted by United Healthcare and Jefferson Pilot, the current provider. Staff recommends the United plan which offers a lower rate and an additional $5.00 "packaged savings" discount. Jefferson Pilot was the only provider to submit a proposal for employee long term disability insurance. APPROVED BY: Initial Date Department Director: LF \ 9/6/05 City Manager: 09z. \ 'OAS" 1 FY2006 INSURANCE PROPOSALS STAFF RECOMMENDATION MEDICAL — United Healthcare Lifetime Max: Unlimited Deductible: $250 X2 PPO $1,500 X2 N-PPO Coinsurance: 90% / 70% after deductible Office Copay : $15 Out-of-Pocket: $2,250 / $4,500 X2 Drug Copay: $100 annual co-pay plus $10 Generic; $30 PDL Brand; $50 Non-Preferred Proposed Rates: Employee Only $ 440.39 Employee+Spouse $1,109.78 Employee+Children $ 744.26 Family $1,171.45 DENTAL— United Healthcare (change from FY2005) Deductible: Preventive- None Basic/Major Svc's- $50X3 Coinsurance: Preventive- 100% Basic Svc's- 80% Major& Ortho- 50% Calendar Yr. Max: $1,500 (Ortho- $750) Proposed Rates: Employee Only $28.42 Employee+Spouse $56.83 Employee+Children $64.20 Family $96.04 EMPLOYEE LIFE Benefit Amount: 2XSalary, $200K Max Rate Per$1,000: $.17 DEPENDENT LIFE Benefit Amount: Child- $2,500 Spouse- $10,000 Rate Per Unit: $1.46 LONG TERM DISABILITY—Jefferson Pilot Benefit Amount: 60%, $5,000 Maximum per Month Rate Per$100: $.325 CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: September 8, 2005 Budgeted Amount: Exhibits: 6 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-45 amending Ordinance No. 2005-40 which amended Ordinance 2004-29 approving an emergency appropriation of funds for the life, health, property and the public peace of the citizens of Wylie, Texas for victims of Hurricane Katrina;providing for repealing, savings and severability clauses; and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: The City Council allocated $100,000 to aide in sheltering hurricane victims here. The City has exhausted said funds and is requesting an additional $75,000 to continue with the effort. Attachments: 1. Proposed Ordinance No. 2005-45. 2. Fire Chief request for an additional $75,000. 3. Assistant Fire Chief financial breakdown for additional $75,000. 4. Adopted Ordinance No. 2005-40. 5. *Spreadsheet showing operational costs for hurricane victims through Monday, September 5, 2005. 6. Spreadsheet showing personnel costs for hurricane victims through Monday, September 5, 2005. *Note: Portable AC Unit(Armory) cost is for a thirty day period. APPROVED BY: Initial Date Department Director: \ City Manager: Oi$R \• 4/9/os ORDINANCE NO. 2005-45 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-40 WHICH AMENDED ORDINANCE 2004-29 APPROVING AN EMERGENCY APPROPRIATION OF FUNDS FOR THE LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE OF THE CITIZENS OF WYLIE TEXAS FOR VICTIMS OF HURRICANE KATRINA; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, pursuant to the laws of the State of Texas and Article VII, Section 4 of the City Charter of the City of Wylie, Texas ("Wylie"), the City Council of Wylie ("City Council") have determined that it will be beneficial and advantageous to the citizens of Wylie to amend Ordinance No. 2005-40 approving an emergency appropriation of funds for the life, health, property and the public peace of the citizens of Wylie Texas and victims of Hurricane Katrina, which amended the 2004-2005 budget adopted by Ordinance No. 2004-29 as set forth herein; and WHEREAS, a public emergency exists as a result of Hurricane Katrina and the City of Wylie has accepted a number of hurricane victims; and WHEREAS, additional appropriations are needed as a result of accepting the hurricane victims to be spent on any aide necessary to help them, including but not limited to police and emergency personnel, city services, shelter and basic necessities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2005-40 is hereby amended to allow for the following appropriation: That up to seventy five thousand dollars and no/100 ($75,000.00) may be expended over the next sixty (60) days for any aide necessary to help the hurricane victims brought to Wylie, including but not limited to police and emergency personnel, city services, shelter, basic necessities and other expenditures determined to be necessary by the Mayor to manage the public emergency created in Wylie by the acceptance of hurricane victims. SECTION 3. Authorization to Seek Reimbursement. City staff is hereby authorized to take all steps reasonably necessary to seek reimbursement of the emergency appropriation of funds spent in accordance with this Ordinance from state and federal governments and/or private sources. ORDINANCE NO. 2005-45 APPROVING EMERGENCY 2004-2005 BUDGET APPROPRIATION Page 1 SECTION 4. Zoning Regulations Not to Apply to Hurricane Victims. To temporarily suspend for a 60-day period those regulations of the Zoning Ordinance in order to allow residential use of appropriate non-residential facilities and to further allow seven (7) or more unrelated persons to domicile in Single Family and Multi-Family facilities for City qualified hurricane victims. SECTION 5. Savings/ Repealing Clause. All provisions in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of September, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date to be published in The Wylie News September 21, 2005 ORDINANCE NO. 2005-45 APPROVING EMERGENCY 2004-2005 BUDGET APPROPRIATION Page 2 Page 1 of 1 Mark Roath From: Brandy Brooks Sent: Wednesday, September 07, 2005 3:26 PM To: Mark Roath Chief English came by at 3:15 and left a message that needed$75.000 rolling budget Brandy Brooks City Manager's Office City of Wylie 2000 Highway 78 North Wylie,Texas 75098 972.442.8120 tel 972.442.4302 fax brandy.brooks@wylietexas.gov Please note my new email address 9/8/2005 Page 1 of 1 Mark Roath From: Noe Flores [noe.flores@wylietexas.gov] Sent: Thursday, September 08, 2005 9:59 PM To: Mark B. Roath Cc: Cheryl B. Smith; Shan English Subject: RE: Breakdown The future plan is minimize overtime costs associated with the Katrina Disaster. The major departments that will be affected by supporting the ongoing needs are: Library, Police, Fire, and Parks and Recreation. Operation Function Library-especially the role that Rachel is providing with Donations Management. I foresee that this will be the most long-term requirement. The use of volunteers and other agencies might reduce the role of Rachel. Fire Department-still affected due to the needs of Medical Support, and Incident Command. One Captain will be assigned on 12 hour shifts for overtime. This weekend there will be an additional Captain assigned to the EOC. I foresee that next weekend there will not be a need for the EOC operation. Overtime charges associated with the Disaster will be on special needs that could occur. Police Department-still affected due to the needs of security. This role will be ongoing, and is provided on a.24 hour basis. Parks and Recreation Department-Their role will be supporting the Volunteer Function. The majority of the support will be supported with existing staff. I do think that there will be a need for overtime charges on weekends. This could be avoided or reduced with scheduling. The other functions of Finance, Logistics and Planning could be supported with existing staff and scheduling. The Food will support any items that are not donated. This cost could be lower. The other costs are items that could be addressed in the ongoing support of the Shelter. Here is the breakdown: $34,000 24/7 PD Officers $18,000 2 Captains 12 hour shifts $8,000 EOC Staffing O/T $6,000 Food $2,000 Utilities $2,000 Office Supplies $5,000 Misc Purchases Total costs is about$75,000 Please let me know if you need some more information. Noe 9/9/2005 ORDINANCE NO. 2005-40 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2004-29 (2004-2005 BUDGET) AND APPROVING AN EMERGENCY APPROPRIATION OF FUNDS FOR THE LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE OF THE CITIZENS OF WYLIE TEXAS AND REFUGEES OF HURRICANE KATRINA; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, pursuant to the laws of the State of Texas and Article VII, Section 4 of the City Charter of the City of Wylie, Texas ("Wylie") the City Council of Wylie ("City Council") have determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2004-2005 budget adopted by Ordinance No. 2004-29 as set forth herein; and WHEREAS, a public emergency exists as a result of Hurricane Katrina and the City of Wylie may accept an undetermined number of refugees or hurricane victims; and WHEREAS, appropriations are needed as a result of accepting the refugees or hurricane victims to be spent on any aide necessary to help the refugees or hurricane victims, including but not limited to police and emergency personnel, city services, shelter and basic necessities. 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. 2004-29 (2004-2005 Budget). Ordinance No. 2004-29 (2004-2005 Budget) is hereby amended to allow for the following appropriation: That up to one hundred thousand dollars and no/100 ($100,000.00) may be expended over the next thirty (30) days for any aide necessary to help the refugees or hurricane victims brought to Wylie, including but not limited to police and emergency personnel, city services, shelter, basic necessities and other expenditures determined to be necessary by the Mayor to manage the public emergency created in Wylie by the acceptance of refugees or hurricane victims. This Ordinance may be amended and/or extended by the City Council prior to or upon its expiration thirty (30) days from the effective date. SECTION 3. Authorization to Seek Reimbursement. City staff is hereby authorized to take all steps reasonably necessary to seek reimbursement of the emergency ORDINANCE NO.2005-40 APPROVING EMERGENCY 2004-2005 BUDGET APPROPRIATION Page 1 appropriation funds spent in accordance with this Ordinance from state and federal governments and/or private sources. SECTION 4. Zoning Regulations Not to Apply to Refugees. To temporarily suspend for this 30-day period those regulations of the Zoning Ordinance in order to allow residential use of appropriate non-residential facilities and to allow seven (7) or more unrelated persons to domicile in Single Family and Multi-Family facilities for City qualified refugees. SECTION 5. Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 2nd day of September, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date to be published in The Wylie News September 14, 2005 ORDINANCE NO.2005-40 APPROVING EMERGENCY 2004-2005 BUDGET APPROPRIATION Page 2 I 9 2 2005 WALMART TOLETRIES AMEX 2300 SEDDIG 276.22 WALMART BATH/BEDS AMEX 2300 SEDDIG 498.54 WALMART TOWELS/BEDDING AMEX 2300 SEDDIG 2,279.24 ARMY NAVY PLUS COTS AMEX 2037 826.00 PORTER ARMY NAVY COTS AMEX 2037 1,236.60 HOME DEPOT CLEANING MC 2301 NELSON 100.00 HOME DEPOT CLEANING CASH NELSON 19.90 HOME DEPOT CLEANING/MISC 3490 PARKER 515.77 5,752.27 9 3 2005 WALMART TOWELS/BEDDING MC 1326 97.80 WALMART PERSONL/TOLITRIES MC 2129 DADIO 663.82 WALMART CLOTHES/PERSONAL MC 2129 PIEPER 1,030.24 WALMART FOOD(FRUIT) MC 2129 PIEPER 79.68 HOME DEPOT SIGNS MC 2129 71.36 WALMART ICE MC 2129 DADIO 41.40 BROOKSHIRES DELI FOOD(135) MC 2129 403.65 WALMART CLEANING/COOLERS MC 2129 DADIO 306.50 WALMART PERSONAL ITEMS MC 2129 DADIO 833.04 WALMART CLOTHES MC 2129 DADIO 180.56 WALMART CLOTHES MC 2129 DADIO 562.82 WALMART RX-REEMSTEN MC 2129 10.78 WALMART RX-HICKERSON MC 2129 2.98 WALMART RX-SEXTON MC 2129 515.52 WALMART RX-SLACK MC 2129 343.14 WALMART RX-AINSWORTH MC 2129 9.54 WALMART RX-HENRICKSON MC 2129 53.32 WALMART RX-FRANCIAS MC 2129 32.50 WALMART RX-JONES MC 2129 36.43 WALMART BEDDING AMEX 1278 DEWEY 503.66 WALMART CLOTHING AMEX 1328 MONTY 869.79 NAPOLI'S FOOD(STAFF) 150.84 CHARGE EMERGENCY ICE ICE 202.50 CHARGE 1 KFC/WYLIE DINNER(STAFFNOL) AMEX 1161 542.71 I WALMART PERSONAL ITEMS MC 2327 DADIO 38.54 McDONALD'S DINNER MC 2327 75.00 WALMART DRUGS/PEDILITE/SHOWERS AMEX 2300 HOLLIEN 225.26 WALMART DRINKS,GLUE BOARDS MC 2129 PIEPER 118.34 WALMART MED SUPPLIES MC 3184 BROWN 30.74 WALMART DRINKS AMEX 1161 PIEPER 149.04 WENDY'S FOOD 1195 PIEPER 135.03 WALMART CLEANING SUPPLIES AMEX 1161 EDGE 70.25 CVS PHARMACY RX-OVERCOUNTER AMEX 2300 102.22 WALMART BEDDING/SHELVES AMEX 2037 PULLEY 1,378.36 HOME DEPOT TOILET REPAIR SUPPLIES 3490 NELSON 107.95 WALMART FANS AMEX 1278 HUTCHISON 180.00 4:24 PM9/7/2005 KATRINA.xls WALMART PHONE JACK MC 1326 BARBOSA 4.59 WALMART CLOTHERS AMEX 1278 DEWEY 93.78 WALMART ENFAMIL AMEX 1278 DEWEY 84.48 WALMART DRINKS/SNACKS/DINING AMEX 1278 HUTCHISON 158.48 WALMART DRINKS(STAFF) AMEX 1278 HUTCHISON 14.46 WALMART RX-ROLLINS MC 2129 10.78 WALMART RX-BERRYHILL MC 2129 87.20 WALMART RX-MASSEY MC 2129 76.30 ( WALMART RX-LANDRY MC 2129 26.24 WALMART RX-HERRING MC 2129 22.68 WALMART RX-JACKSON MC 2129 99.77 WALMART MED SUPPLIES/CLOTHES AMEX 5006 HOLCOMB 488.92 PORTABLE A/C(ARMORY) 15,932.00 MONTHLY CHG ACIS PORTABLE A/C(ARMORY)INSTALL 4,582.00 TELEVISIONS-ARMORY ALBERTSONS SNACKS MC 2434 93.32 ALBERTSONS WATER MC 2434 99.23 ALBERTSONS DIAPERS MC 2434 86.09 ALBERTSONS DIAPERS MC 2434 93.68 I ALBERTSONS DIAPERS MC 2434 99.53 ALBERTSONS SNACKS MC 2434 99.63 KWICK CHEK GROCERY MC 2434 15.10 32,423.57 9 4 2005 JACK IN THE BOX BREAKFAST MC 3184 99.54 WALMART TOWELS/BAGS AMEX 2037 PIEPER 178.03 HOME DEPOT SHELVING AMEX 1161 1,546.00 HOME DEPOT SHELVING(RETURN) AMEX 1161 (1,546.00) E WALMART WALMART BULL BOARD,PENS MC 2129 HOLCOMB 68.43 PHONE JACKS MC 2327 10.20 HOME DEPOT SHELVING MC 2129 HOLCOMB 2,089.10 WALMART RADIOS/TOTES AMEX 2300 SULLIVAN 296.98 WALMART FOOD(STAFF LUNCH) MC 2129 HOLCOMB 23.88 SRPINGCREEK BARBECUE FOOD(STAFF LUNCH) MC 2129 HOLCOMB 209.33 WALMART COOLERS MC 2475 SELL 49.88 WALMART PERSONAL ITEMS/CLOTHING MC 2129 PIEPER 989.79 4,015.16 9 5 2005 WALMART TV/ANTENNA(ARMORY) MC 2129 PIEPER 67.09 WALMART CANDY MC 2129 PIEPER 13.89 WENDY'S LUNCH(STAFF-VOLUNTEERS) MC 2129 96.45 WALMART LUNCH(STAFF-VOLUNTEERS) AMEX 1278 DEWEY 29.85 HOME DEPOT SHELVING MC 2129 HOLCOMB 664.70 4:24 PM9/7/2005 KATRINA.xls WALMART LAUNDRY BAGS/PILLOW CASES MC 2129 PIEPER 552.88 WALMART OFFICE SUPPLIES MC 2129 PIEPER 129.29 WALMART BROOMS/MOPS MC 2129 PULLEY 150.17 HOME DEPOT SHELVING AMEX 2037 2,089.10 WALMART SHOWER RINGS/JEANS AMEX 5006 20.27 1 WALMART SHOWER SUPPLIES AMEX 5006 21.87 WALMART GLASSES/BATTERIES MC 3184 BROWN 42.20 GREYHOUND PORPHIR,TONY AMEX 5006 368.00 GREYHOUND REEMTSEN, MELANIE AMEX 5006 184.00 GREYHOUND VANNISTER,DERIUS AMEX 5006 77.00 C MARCEY'S REFRIGERATIOP ARMORY REFRIGERATORS 340.45 HOME DEPOT BUCKETS/SAND MC 2434 43.26 r { 4,890.47 9 6 2005 JACK IN THE BOX LUNCH(EVACUEES) AMEX 1195 HOLSTED 295.90 s JASON'S DELI LUNCH(EOCNOLUNTEERS) AMEX 1161 SFERRA 239.50 1 535.40 9 7 2005 BROOKSHIRE'S LUNCH(EVACUEES-EXTRUDERS) AMEX 1161 SFERRA 44.88 CVS PHARMACY RX-MEDICAL MC 2129 HOLCOMB 3,007.09 WALGREENS RX-MEDICAL MC 2129 HOLCOMB 77.29 3,129.26 50,746.13 4:24 PM9/7/2005 KATRINA.xls City of Wylie Personnel spreadsheets: Friday, September 2 thru Monday, September 5 Hourly Personnel OT Hours Gross Wages* Atkinson, Mike 16.00 872.09 Barbosa, Norma 21.50 559.73 Barney 27.00 624.60 Ballard 49.00 2,494.64 Blythe, Brandon 26.00 877.22 Bradley, Mary 39.00 1,222.83 Brooks, Brandy 11.00 362.32 Brown, J 20.00 743.83 Buckmeier 27.00 665.44 Campbell, Chris 26.00 601.47 Claborn, C 30.00 673.18 Douglas, Terry 9.00 318.39 Driggs, Tony 19.00 527.78 Edge, Kendall 30.00 1,130.69 England, Jimmy 7.00 175.01 England, Kevin 19.00 596.41 Feld, P 5.00 102.41 Gibson, B 22.00 382.87 Govea, Ricardo 24.00 624.81 Hansen, Dan 19.50 421.26 Hermes, J 3.00 120.33 Holcomb, Shelly 41.00 1,495.66 Hollien,J 29.50 513.40 Hollien, R 28.00 628.30 Hooker, R 12.00 481.32 Hulsebus, Glen 17.00 367.25 Jackson, R 24.00 629.94 Johnston, Jimmy 37.00 830.25 Johnson, Mark 16.50 583.71 Jones, C 3.00 67.32 Jones, Mark 18.50 380.89 Joynt, Stuart 12.00 481.32 Lea, Brandi 8.00 142.36 Martin, J 13.00 521.43 McGriggs, Joseph 15.00 498.35 McGuire, Buddy 16.00 400.03 McIntosh, Billy 2.00 64.42 Mendez, Ernie 21.50 658.82 Morgan, Monty 20.00 460.89 Nicholson, Tommy 48.00 1,594.70 Parish, Deborah 2.00 46.09 Parker, Brent 39.00 1,223.52 Pickrell, Shea 23.00 922.52 Pieper, Joel 39.00 1,195.07 Pynes 27.00 605.86 Powell, Peggy 21.00 658.45 Pulley, JD 30.00 941.70 City of Wylie Personnel spreadsheets: Friday, September 2 thru Monday, September 5 Hourly Personnel OT Hours Gross Wages* Ramirez, Daniel 8.00 168.84 Ritter, Brian 26.00 966.97 Scribner, J 33.00 1,227.31 Seddig, Steve 38.00 1,934.62 Sewell, Dennis 16.00 648.87 Sims, Ron 27.00 1,004.16 Slaviero, M 12.00 219.09 Smith, Cheryl 30.00 940.64 Sorensen, C 26.00 474.70 Stowers, Scott 24.00 1,308.14 Storm, Brandon 37.00 855.93 Sullivan, W 30.00 651.29 Taylor, Chris 12.00 481.32 Trester, Stephen 6.00 226.03 Tripp, M 30.00 694.00 Walters, Tommy 14.50 634.74 Weaver, S 39.00 884.85 Whitt, Archie 23.00 979.41 Willis, Angie 16.50 514.41 Willoughby, K 30.00 838.67 Wilson, Greg 34.00 717.56 Zoucha, Beth 31.00 600.74 1,598.25 47,463.13 * Gross Wages includes TMRS, FICA, Medicare CITY OF WYLIE Item No. 8 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 17, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Hold a Public Hearing and consider and act upon Ordinance No. 2005-44 approving a change in zoning to amend the Riverchase Planned Development (PD 99-31) in order to remove restrictions of height of fences, generally located west of FM 1378 (Country Club Road) and south of FM 2514(Parker Road). ZC 2005-17 RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 16, 2005, 4—0 to recommend approval. SUMMARY: The applicant is requesting removal of the restrictive conditions of the approved Planned Development No. 99-31 PD. The PD stipulates that fences within the Riverchase subdivision may not exceed 6 feet in height. The approved amendment will conform with the City Code of Ordinances and covenants (CCR's) of Riverchase HOA that allow fences to be constructed to a height of eight feet. There is no record of how many fences are already installed at eight feet. Although limited, there are some fences that were permitted by the City above six feet height limitation. 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WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibits "A, B & C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance No.2005-44 Amendment to Ordinance No. 99-31 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of September, 2005. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 21,2005 Ordinance No. 2005-44 Amendment to Ordinance No.99-31 EXHIBIT"A" 136 339 Acres-William Patterson Survey-Abstract No.716 FIELD NOTE DESCRIPTION 02/12/99 BEING a 136.339 acre tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume254,Page 563 of the Deed Records of Collin County,Texas JRCCT and being more particularly described as follows: BEGINNING at a one inch iron pipe found for the southeast corner of a 29.07 acre tract or land according to the deed recorded in Volume 87,Page 26r(DRCCT)and being located in the westerly right-of-way line of F.M.1378(a 90 feet wide right-of-way); THENCE along the westerly right-of-way line of said F.M. 1378 as follows: SOUTH 00°08'34"EAST a distance of 513.79 feet to a 5/8 inch iron rod set for the beginning of a curve to the right having a radius of 1,864.86 feet,a chord bearing of South 03°40'27"West and a chord length of 248.22 feet. Along said curve to the right through a central angle of 07°37'55" for an arc length of 248.40 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 07°29'25"WEST a distance of 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to the left having a radius of 1,954.86 feet,a chord bearing of South 04°17'56"West and a chord length of 217.70 feet; Along said curve to the left through a central angle of 06°23'02"for an arc length of 217.81 feet to a 5/8 inch iron rod set for the point of tangency. SOUTH 0l°06' 25"WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast corner of a 100.00 acre tract of land according to the deed recorded in Volume 883,Page 628(DRCCT); THENCE departing the westerly right-of-way line of said F.M. 1378 NORTH 8°40' 14"WEST a distance of 2,617.12 feet to a one inch iron pipe found for the northwest corner of said 100.00 acre tract of land. THENCE NORTH 63°30'26"WEST a distance of 28.19 feet to a 1/2 inch iron rod found for the southeast corner of a 207.452 acre tract of l and according to the deed recorded in Volume 860,Page 381 (DRCCT). THENCE along the easterly line of said 207.452 acre tract of land as follows: NORTH 02°44'29"EAST a distance of 993.36 feet to a 5/8 inch iron rod set for corner; NORTH 0l°46'26"WEST a distance of 804.78 feet to a 5/8 inch iron rod set for corner; NORTH 03°42'09"EAST a distance of 423.02 feet to a wood fence post found for the southwest corner of a 9.0 acre tract of land according to the deed recorded in Volume 390,Page 100(DRCCT); NORTH 89°02'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast corner of said 9.0 acre tract of land and the southwest corner of said 29.07 acre tract of land. THENCE along the southerly line of said 29.07 acre tract of land as follows: SOUTH 89°2'27"EAST a distance of 297.76 feet to a 5/8 inch iron rod set for corner; NORTH 89°40'00"EAST a distance of 923.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 136.339 acres or 5,938,946 square feet of land more or less. Ordinance No. 2005-44 Amendment to Ordinance No.99-31 EXHIBIT "B" PLANNED DEVELOPMENT DESIGN STANDARDS RIVERCHASE (FORMERLY EAST FORK BY THE LAKE) City of Wylie (As Amended and Adopted by the City Council September 13, 2005) SF-A- Single Family Residential Regulations This classification shall conform to the City of Wylie SF-1 zoning classification (of the 1985 Zoning Ordinance) except as noted below: 9.01 Permitted uses. The following uses are specifically not allowable: (3) Church or rectory. (5) Public buildings including libraries museums police and fire stations and similar public uses or facilities. (7) Public schools or denominational kindergarten through high school. (9) Publicly owned water supply reservoirs pumping plants and towers. (11) Telephone exchange provided no public business and no repair or outside storage facilities are maintained gas lines and regulating stations electrical lines and local utility lines. (12) Sewage treatment plant public operated. (14) Water treatment plant. (15) Noncommercial stables as an accessory use to the housing of animals owned by the resident and setback from adjacent property lines a minimum distance of 100 feet. An area of one half acre shall be required for each animal. The following specific uses are not allowable: (1) Cemetery or mausoleum (2) Charitable organization (3) University, college or parochial school and related facilities (public or private). (4) Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. (6) Electric substation. (7) Hospital. (8) Museum library or art gallery. (9) Post office. (10) Radio television or microwave to sewer. (11) Golf course, public. (12) Private club. Page 1 of 6 Ordinance No. 2005-44 Amendment to Ordinance No.99-31 9.02 Area regulations. (1) Size of yards. (d) Front yard. There shall be a front yard having a depth of not less than 30 feet as measured from the front property line. (e) Side yard. There shall be a side yard on each side of the lot having a width of not less than 10 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 20,000 square feet. (b) Lot width. The minimum width as measured it the front building line of the lot shall not be less than 75 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 125 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,400 square feet exclusive of garages breezeways and porches. Additional Guidelines Al. Exterior Wall Materials- A minimum of 75% of the dwelling's total exterior area, minus windows and doors, must be masonry veneer, such as brick stone or stucco. A2. Roofs- Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A3. Fences and Walls Fences- May not exceed 8 feet in height. Fences must be made of masonry, wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A4. Screening- The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings, if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes linens rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses gazebos metal storage sheds and greenhouses g. Garbage can and refuse containers Page 2 of 6 Ordinance No.2005-44 Amendment to Ordinance No. 99-31 Plant material such as trees and bushes may be used for screening A5. Home Elevation- No house elevation shall be constructed adjacent to each other. A6. Landscaping- The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees- a minimum of 6 inches in total diameter shall be installed. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches (b) Shrubs- eighteen (18) 3 gallon shrubs across the front of the house (c) Grass- solid sod from the fence to the front curb SF-B- Single Family Residential Regulations This classification shall conform to the City of Wylie SF-2 zoning classification (of the 1985 Zoning Ordinance) except as noted below: 10.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification 10.02 Area regulations (1) Size of yards (b) Front yard. There shall be a front yard having a depth of not less than 25 feet as measured from the front property line (c) Side yard. There shall be aside yard on each side of the lot having a width of not less than 7feet in width A side yard adjacent to a side street shall not be less than 17 feet. (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 8,400 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 70 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 115 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,800 square feet exclusive of garages, breezeways and porches. Page 3 of 6 Ordinance No. 2005-44 Amendment to Ordinance No. 99-31 Additional Guidelines A. 1 Exterior Wall Materials- A minimum of 75 of the dwelling s total exterior area minus windows and doors must be masonry veneer, such as brick stone or stucco A.2 Roofs- Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls -Fences may not exceed 8 feet in height. Fences must be made of masonry wood or wrought iron. The use of chain link fencing is prohibited Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening- The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes linens rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses, gazebos, metal storage sheds, and greenhouses g. Garbage can and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping - The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees- a minimum of 4 inches in total diameter shall be installed. This may be accomplished by one 4 inch tree or multiple trees whose diameters add up to at least 4inches. (b) Shrubs- eighteen(18) 2ga11on shrubs across the front of the house (c) Grass solid sod from the fence to the front curb SF-C- Single Family Residential Regulations This classification shall conform to the City of Wylie SF-3 zoning classification (of the 1985 Zoning Ordinance) except as noted below: 11.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification. Page 4 of 6 Ordinance No.2005-44 Amendment to Ordinance No. 99-31 11.02 Area regulations. (1) Size of yards (b) Front yard. There shall be a front yard having a depth of not less than 20 feet as measured from the front property line. (c) Side yard- There shall be a side yard on each side of the lot having a width of not less than 5 feet in width a side yard adjacent to a side street shall not be less than 15 feet. (2) Size of lot (a) Lot area. No building shall be constructed on any lot of less than 7,200 square feet (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 60 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 110 feet (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,600 square feet exclusive of garages breezeways and porches. Additional Guidelines A.1 Exterior Wall Materials - A minimum of 75% of the dwellings total exterior area minus windows and doors, must be masonry venerer, such as brick stone or stucco. A. 2 Roofs- Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls- Fences may not exceed 8 in height. Fences must be made of Masonry, wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening- The owner of a lot must screen the following items from the view of the public and neighboring lots and 4wellings if any of these items exist on the lot a. Clotheslines b. Drying racks c. Hanging clothes linens rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses gazebos metal storage sheds and greenhouses g. Garbage can and refuse containers Page 5 of 6 Ordinance No.2005-44 Amendment to Ordinance No. 99-31 Plant material such as trees and bushes may be used for screening A.5 House Elevation -No house elevation shall be constructed adjacent to each other. A.6 Landscaping- The following minimum landscape features shall be installed prior to the initial occupancy (a) Trees- a minimum of 2 inches in total diameter shall be installed. This may be accomplished by one 2 inch tree or multiple trees whose diameters add up to at least 2 inches. 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'* •saa an ar APPLICANT'S STATEMENT We are requesting to amend the planned development standards for the Riverchase subdivision (East Fork by the Lake). The planned development for this neighborhood was approved by the City Council on September 14, 1999. That planned development subdivided the property into three sub-areas. Sub-area#1was designated SF-A and is to generally conform to the city's SF-1 zoning classification Sub-area #2 was designated SF-B and is to generally conform to the city's SF-2 zoning classification. Sub-area#3 was designated SF-C and is to generally conform to the city's SF-3 zoning classification. Within the approved changes to those above zoning classifications, all of the sub- areas have a 6' maximum allowed height for individual fences. The city's current standards allow for a maximum height of 8' for fences within a neighborhood. We are requesting that the maximum allowable height for fences in this community be 8'. Accompanying our request is a letter provided by the Riverchase HOA board of directors requesting that an application be made to change the zoning requirements within this neighborhood to allow for 8' tall fences. We are not aware of any specific reason to limit the height of fences in this neighborhood to 6'. HOE051 JULY 18,2005 1'1i CoraiptT10 fcs (2) Size of lot. .gyp (i 4 31 (a) Lot area. No building shall be constructed on any lot of less than 20,000 square feet. (b) Lot width. The minimum width as measured it the front building line of the lot shall not be less than 75 feet. • (c) Lot depth. The minimum depth of the lot shall be not less than 125 feet. • (3) Minimum dwelling size. The'minimum floor area of any dwelling shall be 2,400 square feet exclusive of garages,breezeways and porches. Additional Guidelines A.1 Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area,minus windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls-Fences may not exceed 6 feet in height. Fences must be made of masonry,wood or wrought iron. The use of chain link fencing is prohibited. Railroad j ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings,if any of these items exist on the lot: a. Clotheslines • b. Drying racks c. Hanging clothes, linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses, gazebos,metal storage sheds and greenhouses g. Garbage cand and refuse containers • Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees- a minimum of 6 inches in total diameter shall be installed. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. (b) Shrubs - eighteen(10)3 gallon shrubs across the front of the house • (c) Grass- solid sod from the fence to the front curb Page 2 of 5 BUILDINGS AND BUILDING REGULATIONS § 22-241 Sec. 22-234. Compliance with the zoning or- Sec. 22-237. Height limit along rear 7arci or dinance. alley line in residential dis- tricts. All fences and fence locations shall conform to No fence shall be constructed at a height ex- the requirements of the zoning ordinance of the ceeding eight feet along the rear yard or alley line city, and nothing in this article shall be construed in residenttricts. 1 as permitting construction of a fence which would (Ord. No. 78 15, § VII, 4-18-1978; Code 1991, ch. violate the provisions of the zoning ordinance, as 3, § 12.07; Code 1997, § 22-392) such ordinance presently exists or as it may be hereafter amended. Sec. 22-238. Height limit on side yard line in (Code 1991, ch. 3, § 12.04; Code 1997, § 22-389) residential districts. Sec. 22-235. Location on or protrusion over No fence shall be constructed at a height ex city property. ceeding eight feet on any side yard line in resi- dential istncts up to the building line of the house proper. All such fences constructed on side ` No privately owned fence or guy wires, braces yard lines in residential districts must be vertical. or any other part of a privately owned fence shall (Ord. No. 78-15, § VIII,4-18-1978; Code 1991, ch. be constructed upon or caused to protrude over 3, § 12.08; Code 1997, § 22-393) ,J property owned by the city. (Code 1991, ch. 3, § 12.05; Code 1997, § 22-390) Sec. 22-239. Front yard fences in residential districts prohibited;exceptions. j Sec. 22-236. Visibility obstruction. ( No fence shall be constructed between the , ( building line and front property line and/or street No fence shall be erected or maintained in a side building line for corner lots for residential manner so as to be a visibility obstruction as ( buildings facing the side street, except for orna- , indicated in figure 1 of this section and made a ` mental type fencing on side yard property lines part of this section. ( built between the building line and front property line. Ornamental type fences shall not exceed six feet in eight with at least 50 percent through J vision. (Ord.No. 78-15,§ IX,4-18-1978;Code 1991,ch.3, J § 12.09; Code 1997, § 22-394) Sec. 22-240. Height limit in industrial dis- w— _4 tricts. No fence shall be constructed at a height ex- : k- ....... �... .... ®�••�• •��•�•••• ceeding ten feet in industrial districts. III' e• (Ord. No. 78-15, § X, 4-18-1978; Code 1991, ch. 3, 1 § 12.10; Code 1997, § 22-395) AREA of vImeIutr _ Sec. 22-241. Height limit around tennis courts; fence arms. Fences around tennis courts, regardless of the district in which they are located, shall be con- structed at a height not exceeding ten feet, and (Ord.No. 78-15,§ VI,4-18-1978;Code 1991,ch.3, fence arms shall not be allowed thereon. § 12.06; Code 1997, § 22-391) (Code 1991, ch. 3, § 12.11; Code 1997, § 22-396) CD22:11 NOTIFICATION REPORT APPLICANT: Jerry Sylo with Jones&Boyd, Inc. APPLICATION FILE #2005-17 17090 Dallas Parkway#200 Dallas,Texas 75248 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Jerry Sylo 17090 Dallas Parkway#200 1 1 Jone&Boyd,Inc. Dallas, StTexasest Trail 75248 Riverchase 1 2 Blk A Lot 1 R-4594-00A-0010-1 Ricci Scamardo Wylie,Texas 75098 Riverchase 1 1603 Stonecrest Trail 3 Blk A Lot 2 R-4594-00A-0020-1 Lakeiah Cheatham Wylie,Texas 75098 Riverchase 1 1605 Stonecrest Trail 4 Blk A 3 R-4594-00A-0030-1 Michael Kloza Wylie,Texas 75098 Riverchase 1 1607 Stonecrest Trail 5 Blk A 4 R-4594-00A-0040-1 Richard Jamroszczyk Wylie,Texas 75098 Riverchase 1 1609 Stonecrest Trail 6 Blk A 5 R-4594-00A-0050-1 Justin White Wylie,Texas 75098 1 Riverchase 1 1611 Stonecrest Trail 7 Blk A 6 R-4594-00A-0060-1 Kenneth Wilkins Wylie,Texas 75098 Riverchase 1 1613 Stonecrest Trail 8 Blk A 7 R-4594-00A-0070-1 October Hernandez Wylie,Texas 75098 Riverchase 1 1615 Stonecrest Trail 9 Blk A 8 R-4594-00A-0080-1 Douglas Cohron Wylie,Texas 75098 Riverchase 1 1701 Stonecrest Trail 10 Blk A 9 R-4594-00A-0090-1 Richard Panko Wylie,Texas 75098 Riverchase 1 1703 Stonecrest Trail 11 Blk A 10 R-4594-00A-0100-1 Rick Brashears Wylie,Texas 75098 Riverchase 1 1705 Stonecrest Trail 12 Blk A 11 R-4594-00A-0110-1 Bobby Hawkins Wylie,Texas 75098 Riverchase 1 1707 Stonecrest Trail 13 Blk A 12 R-4594-00A-0120-1 David Schweyher Wylie,Texas 75098 Riverchase 1 1709 Stonecrest Trail 14 Blk A 13 R-4594-00A-0130-1 Laurie Hermann Wylie,Texas 75098 Riverchase 1 1711 Stonecrest Trail 15 Blk A 14 R-4594-00A-0140-1 Gary Robas Wylie,Texas 75098 Riverchase 1 1713 Stonecrest Trail 16 Blk A 15 R-4594-00A-0150-1 Thomas Jonson Wylie,Texas 75098 Riverchase 1 1715 Stonecrest Trail 17 Blk A 16 R-4594-00A-0160-1 Richard Brunson Wylie,Texas 75098 Riverchase 1 1801 Stonecrest Trail 0 18 Blk A 17 R-4594-00A-0170-1 Michael Batten Wylie,Texas 75098 l h Riverchase 1 1900 Stone Glen Drive 19 Blk A 47 R-4594-00A-0470-1 Victoria Hines Wylie,Texas 75098 Riverchase 1 1902 Stone Glen Drive 20 Blk A 48 R-4594-00A-0480-1 April Cantu Wylie,Texas 75098 Riverchase 1 1904 Stone Glen Drive 21 Blk A 49 R-4594-00A-0490-1 Kevin Berkhout Wylie,Texas 75098 Riverchase 1 1906 Stone Glen Drive 22 Blk A 50 R-4594-00A-0500-1 Mark Spaulding Wylie,Texas 75098 Riverchase 1 1908 Stone Glen Drive 23 Blk A 51 R-4594-00A-0510-1 Jeffrey Stone Wylie,Texas 75098 Riverchase 1 1712 Stonecrest Trail 24 Blk A 52 R-4594-00A-0520-1 Harry Hinton,Jr. Wylie,Texas 75098 Riverchase 1 1710 Stonecrest Trail 25 Blk A 53 R-4594-00A-0530-1 Jerry Coombs Wylie,Texas 75098 Riverchase 1 1708 Stonecrest Trail 26 Blk A 54 R-4594-00A-0540-1 Dennis Stuart Wylie,Texas 75098 Riverchase 1 1706 Stonecrest Trail 27 Blk A 55 R-4594-00A-0550-1 Kyle Craighead Wylie,Texas 75098 Riverchase 1 1704 Stonecrest Trail 28 Blk A 56 R-4594-00A-0560-1 Keith Pair Wylie,Texas 75098 Riverchase 1 1702 Stonecrest Trail 29 Blk A 57 R-4594-00A-0570-1 Brian Swinney Wylie,Texas 75098 Riverchase 1 1700 Stonecrest Trail 30 Blk A 58 R-4594-00A-0580-1 Alan Dayton Wylie,Texas 75098 Riverchase 1 1612 Stonecrest Trail 31 Blk A 59 R-4594-00A-0590-1 Bruce Felde Wylie,Texas 75098 Riverchase 1 1610 Stonecrest Trail 32 Blk A 60 R-4594-00A-0600-1 Jeffrey Culverhouse Wylie,Texas 75098 Riverchase 1 1608 Stonecrest Trail 33 Blk A 61 R-4594-00A-0610-1 Larry Buckley Wylie,Texas 75098 Riverchase 1 1606 Stonecrest Trail 34 Blk A 62 R 4594-0OA-0620-1 Dan Thibeault Wylie,Texas 75098 1 Riverchase 1 1604 Stonecrest Trail 35 Blk A 63 R-4594-00A-0630-1 Frederick Robinson Wylie,Texas 75098 Riverchase 1 1602 Stonecrest Trail 36 Blk A 64 R-4594-00A-0640-1 Danny Denney Wylie,Texas 75098 s Riverchase 1 1600 Stonecrest Trail 37 Blk A 65 R-4594-00A-0650-1 Robert Herbst Wylie,Texas 75098 Riverchase 1 1900 Eastfork Lane 38 Blk A 66 R-4594-00A-0660-1 Darvin Carson Wylie,Texas 75098 Riverchase 1 1902 Eastfork Lane 39 Blk A 67 R-4594-00A-0670-1 Lisa Pennington Wylie,Texas 75098 Riverchase 1 1904 Eastfork Lane 40 Blk A 68 R-4594-00A-0680-1 Dennis Hicks Wylie,Texas 75098 Riverchase 1 1906 Eastfork Lane 41 Blk A 69 R-4594-00A-0690-1 Craig Caron Wylie,Texas 75098 Riverchase 1 PO Box 20005 42 Blk A 70 R-4594-00A-0700-1 US Bank NA Owensboro,KY 42304 1 Riverchase 1 4306 Miller Road#A 43 BIk A 71 R-4594-00A-0710-1 DR Horton Texas Ltd. Rowlett,Texas 75088 Riverchase 1 1603 Hightimber Lane 44 Blk A 72 R-4594-00A-0720-1 Alice Parry Wylie,Texas 75098 Riverchase 1 1605 Hightimber Lane 45 Blk A 73 R-4594-00A-0730-1 Kelly Weitzel Wylie,Texas 75098 Riverchase 1 1589 Upper Turtle Creek Road 46 Blk A 74 R-4594-00A-0740-1 Merri Seibel Kerrville,Texas 78028 Riverchase 1 1609 Hightimber Lane 47 Blk A 75 R-4594-00A-0750-1 Ryan Matthews Wylie,Texas 75098 Riverchase 1 1611 Hightimber Lane 48 Blk A 76 R-4594-00A-0760-1 Rosemarie Kisner Wylie,Texas 75098 Riverchase 1 1613 Hightimber Lane 49 Blk A 77 R-4594-00A-0770-1 Carrie Clark Wylie,Texas 75098 Riverchase 1 120 Hawks Bend Lane 50 Blk A 78 R-4594-00A-0780-1 Rodney Lane Odenville,AL 35120 Riverchase 1 Federal Home Loan 5000 Plano Parkway 51 Blk A 79 R-4594-00A-0790-1 Mortgage Corporation Carrollton,Texas 75010 Riverchase 1 1619 Hightimber Lane 52 BIk A 80 R-4594-00A-0800-1 Charles Cleary Wylie,Texas 75098 Riverchase 1 1621 Hightimber Lane 53 Blk A 81 R-4594-00A-0810-1 Deborah Jones Wylie,Texas 75098 Riverchase 1 54 Blk A 82 R-4594-00A-0820-1 No Information Riverchase 1 1701 Hightimber Lane 55 Blk A 83 R-4594-00A-0830-1 Rigoberto Benitez Wylie,Texas 75098 Riverchase 1 1703 Hightimber Lane 56 Blk A 84 R-4594-00A-0840-1 Cameron Oakerson Wylie,Texas 75098 Riverchase 1 1705 Hightimber Lane 57 Blk A 85 R-4594-00A-0850-1 Jason Harris Wylie,Texas 75098 Riverchase 1 1707 Hightimber Lane 58 Blk A 86 R-4594-00A-0860-1 Joni Mitchell Wylie,Texas 75098 € Riverchase 1 1709 Hightimber Lane 59 Blk A 87 R-4594-00A-0870-1 Jet Hays Wylie,Texas 75098 Riverchase 1 1711 Hightimber Lane 60 Blk A 88 R-4594-00A-0880-1 Chris Falke Wylie,Texas 75098 Riverchase 1 1911 Country Walk Lane 61 Blk A 89 R-4594-00A-0890-1 Wanda West Wylie,Texas 75098 Riverchase 1 1907 Country Walk Lane 62 Blk A 90 R-4594-00A-0900-1 Dwayne Parrott Wylie,Texas 75098 Riverchase 1 1905 Country Walk Lane 63 Blk A 91 R-4594-00A-0910-1 John Chapman Wylie,Texas 75098 Riverchase 1 1903 Country Walk Lane 64 Blk A 92 R-4594-00A-0920-1 Alton Dunn Wylie,Texas 75098 Riverchase 1 1901 Country Walk Lane 65 Blk A 93 R-4594-00A-0930-1 Deborah Jackson Wylie,Texas 75098 Riverchase 1 1813 Country Walk Lane 66 Blk A 94 R-4594-00A-0940-1 Michelle Nguyen Wylie,Texas 75098 Riverchase 1 1811 Country Walk Lane 67 Blk A 95 R-4594-00A-0950-1 Ronnie Sebren Wylie,Texas 75098 Riverchase 1 1809 Country Walk Lane 68 BIk A 96 R-4594-00A-0960-1 Barry McHenry Wylie,Texas 75098 Riverchase 1 1807 Country Walk Lane 69 Blk A 97 R-4594-00A-0970-1 Roderick Jones Wylie,Texas 75098 Riverchase 1 1805 Country Walk Lane 70 Blk A 98 R-4594-00A-0980-1 Stacy Price Wylie,Texas 75098 Riverchase 1 1803 Country Walk Lane 71 Blk A 99 R-4594-00A-0990-1 Barry Flinn Wylie,Texas 75098 Riverchase 1 1801 Country Walk Lane 72 BIk A 100 R-4594-00A-1000-1 Enoch Herrington Wylie,Texas 75098 Riverchase 1 1707 Country Walk Lane 73 BIk A 101 R-4594-00A-1010-1 Gary Needham Wylie,Texas 75098 Riverchase 1 1705 Country Walk Lane 74 Blk A 102 R-4594-00A-1020-1 Kristi Hentschel Wylie,Texas 75098 Riverchase 1 1703 Country Walk Lane 75 Blk A 103 R-4594-00A-1030-1 Russell Jones Wylie,Texas 75098 Riverchase 1 1701 Country Walk Lane 76 Blk A 104 R-4594-00A-1040-1 James Wells Wylie,Texas 75098 Riverchase 1 1909 Stone Glen Drive 77 Blk B Lot 11 R-4594-00B-0110-1 Todd Wheeldon Wylie,Texas 75098 Riverchase 1 1907 Stone Glen Drive 78 Blk B 12 R-4594-00B-0120-1 Roy Harrington Wylie,Texas 75098 Riverchase 1 1905 Stone Glen Drive 79 BIk B 13 R-4594-00B-0130-1 Joe Villarreal,III Wylie,Texas 75098 Riverchase 1 1903 Stone Glen Drive 0 80 Blk B 14 R-4594-00B-0140-1 James Raebel Wylie,Texas 75098 Riverchase 1 1901 Stone Glen Drive 81 Blk B 15 R-4594-00B-0150-1 Joe Laird Wylie,Texas 75098 Riverchase 1 1614 Hightimber Lane 82 Blk C Lot 1 R-4594-00C-0010-1 Randy Knight Wylie,Texas 75098 Riverchase 1 1616 Hightimber Lane 83 Blk C 2 R-4594-00C-0020-1 kris Debus Wylie,Texas 75098 Riverchase 1 1618 Hightimber Lane 84 Blk C 3 R-4594-00C-0030-1 Curtis Fullen Wylie,Texas 75098 Riverchase 1 1620 Hightimber Lane 85 BIk C 4 R-4594-00C-0040-1 Ruth Davies Wylie,Texas 75098 Riverchase 1 1622 Hightimber Lane 86 BIk C 5 R-4594-00C-0050-1 Bret Freeman Wylie,Texas 75098 Riverchase 1 1904 Brookstone Drive 87 Blk C 6 R-4594-00C-0060-1 Teddi Davenport Wylie,Texas 75098 Riverchase 1 1902 Brookstone Drive 88 Blk C 7 R-4594-00C-0070-1 Jeffrey Ferrell Wylie,Texas 75098 Riverchase 1 1900 Brookstone Drive 89 Blk C 8 R-4594-00C-0080-1 John Adair Wylie,Texas 75098 Riverchase 1 1804 Brookstone Drive 90 Blk C 9 R-4594-00C-0090-1 Bob Shapiro Wylie,Texas 75098 Riverchase 1 1802 Brookstone Drive 91 Blk C 10 R-4594-00C-0100-1 Jonathan Kelley Wylie,Texas 75098 Riverchase 1 1811 Thornhill Way 92 Blk C 11 R-4594-00C-0110-1 Richard Stowell Wylie,Texas 75098 Riverchase 1 1813 Thornhill Way 93 Blk C 12 R-4594-00C-0120-1 Steven Davos Wylie,Texas 75098 Riverchase 1 1815 Thornhill Way 94 Blk C 13 R-4594-00C-0130-1 David Braddock Wylie,Texas 75098 Riverchase 1 1906 Thornhill Way 95 Blk D Lot 1 R-4594-00D-0010-1 Linda Arredondo Wylie,Texas 75098 Riverchase 1 1904 Thornhill Way 96 Blk D 2 R-4594-00D-0020-1 Stephanie Mohr Wylie,Texas 75098 Riverchase 1 1902 Thornhill Way 97 Blk D 3 R-4594-00D-0030-1 Angela Wikel Wylie,Texas 75098 Riverchase 1 1900 Thornhill Way © 98 Blk D 4 R-4594-00D-0040-1 Rebbecca Gilkerson Wylie,Texas 75098 Riverchase 1 1816 Thornhill Way 99 Blk D 5 R-4594-00D-0050-1 Brenton Dunlop Wylie,Texas 75098 Riverchase 1 1814 Thornhill Way 100 Blk D 6 R-4594-00D-0060-1 William Fort,Jr. Wylie,Texas 75098 Riverchase 1 1812 Thornhill Way 11 Blk D 7 R-4594-00D-0070-1 Lewis Fredericks Wylie,Texas 75098 Riverchase 1 1810 Thornhill Way 102 Blk D 8 R-4594-00D-0080-1 Roger McCallister Wylie,Texas 75098 Riverchase 1 1808 Thornhill Way 103 Blk D 9 R-4594-00D-0090-1 Joe Cumby Wylie,Texas 75098 i Riverchase 1 1806 Thornhill Way 104 Blk D 10 R-4594-OOD-0100-1 Tanya Smith Wylie,Texas 75098 Riverchase 1 1804 Thornhill Way 105 Blk D 11 R-4594-00D-0110-1 Mark Feller Wylie,Texas 75098 Riverchase 1 1190 Ramsay 106 Blk D 12 R-4594-00D-0120-1 Jennifer Anderson Allen,Texas 75002 Riverchase 1 1800 Thornhill Way 107 Blk D 13 R-4594-00D-0130-1 Robert Graf Wylie,Texas 75098 Riverchase 1 1801 Brookstone Drive 108 Blk D 14 R-4594-00D-0140-1 Scott Scott Wylie,Texas 75098 Riverchase 1 1803 Brookstone Drive 109 Blk D 15 R-4594-00D-0 1 50-1 Roger Carver Wylie,Texas 75098 Riverchase 1 1805 Brookstone Drive 110 Blk D 16 R-4594-00D-0160-1 Ronnie Bayless Wylie,Texas 75098 Riverchase 1 1807 Brookstone Drive Ill Blk D 17 R-4594-00D-0170-1 Bradley Feuerbacher Wylie,Texas 75098 1 Riverchase 1 1901 Brookstone Drive 112 Blk D 18 R-4594-00D-0180-1 Michael Shaw Wylie,Texas 75098 Riverchase 1 1903 Brookstone Drive 113 Blk D 19 R-4594-00D-0190-1 Jason Stanley Wylie,Texas 75098 Riverchase 1 1905 Brookstone Drive 114 Blk D 20 R-4594-00D-0200-1 Claudio Gonzalez Wylie,Texas 75098 Riverchase 1 1907 Brookstone Drive 115 Blk D 21 R-4594-00D-0210-1 John Cobb Wylie,Texas 75098 Riverchase 1 1906 Country Walk Lane 116 Blk D 22 R-4594-00D-0220-1 Herman Graf Wylie,Texas 75098 Riverchase 1 1904 Country Walk Lane 117 Blk D 23 R-4594-00D-0230-1 Johnny Nguyen Wylie,Texas 75098 Riverchase 1 1902 Country Walk Lane 118 Blk D 24 R-4594-00D-0240-1 Ty Hillin Wylie,Texas 75098 Riverchase 1 1900 Country Walk Lane 119 Blk D 25 R-4594-00D-0250-1 Lisa Segelhorst Wylie,Texas 75098 Riverchase 1 1812 Country Walk Lane 120 Blk D 26 R-4594-00D-0260-1 Wilbur Cantrell Wylie,Texas 75098 Riverchase 1 1810 Country Walk Lane 121 Blk D 27 R-4594-00D-0270-1 David Cunningham Wylie,Texas 75098 Riverchase 1 1808 Country Walk Lane 122 Blk D 28 R-4594-00D-0280-1 Roger Marsh Wylie,Texas 75098 Riverchase 1 1806 Country Walk Lane 123 Blk D 29 R-4594-00D-0290-1 James Gunn III Wylie,Texas 75098 Riverchase 1 1804 Country Walk Lane 124 Blk D 30 R-4594-00D-0300-1 Jonathan Maness Wylie,Texas 75098 Riverchase 1 1802 Country Walk Lane 125 Blk D 31 R-4594-00D-0310-1 Craig McCord Wylie,Texas 75098 Riverchase 1 Riverchase Homeowners PO Box 260997 0 126 Blk D 32 R-4594-00D-0320-1 Association,Inc. Plano,Texas 75026 Riverchase 1 1703 Eastfork Lane • 127 Blk D 33 R-4594-00D-0330-1 Melissa Cantu Wylie,Texas 75098 Riverchase 1 1705 Eastfork Lane 128 BIk D 34 R-4594-00D-0340-1 Alan Kasher Wylie,Texas 75098 Riverchase 1 1707 Eastfork Lane i 129 Blk D 35 R-4594-00D-0350-1 Donna Isom Wylie,Texas 75098 Riverchase 1 1709 Eastfork Lane 130 Blk D 36 R-4594-00D-0360-1 Mark Ball Wylie,Texas 75098 Riverchase 1 1711 Eastfork Lane f 131 Blk D 37 R-4594-00D-0370-1 Charlotte Tassan Wylie,Texas 75098 Riverchase 1 1713 Eastfork Lane 132 Blk D 38 R-4594-00D-0380-1 Terrill Knighton Wylie,Texas 75098 Riverchase 1 1801 Eastfork Lane 133 BIk D 39 R-4594-00D-0390-1 Stephen Boyd Wylie,Texas 75098 Riverchase 1 1803 Eastfork Lane 134 Blk D 40 R-4594-00D-0400-1 Jonathan Slaten Wylie,Texas 75098 Riverchase 1 1805 Eastfork Lane 135 Blk D 41 R-4594-00D-0410-1 Lyndsey Lewis Wylie,Texas 75098 Riverchase 1 2350 N.Beltway E#850 136 Blk D 42 R-4594-00D-0420-1 Home Loan Corporation Houston,Texas 77032 I Riverchase 1 1809 Eastfork Lane 137 Blk D 43 R-4594-OOD-0430-1 Rodney Moore Wylie,Texas 75098 Riverchase 1 1811 Eastfork Lane 138 Blk D 44 R-4594-00D-0440-1 Guadalupe Orta Wylie,Texas 75098 Riverchase 1 4306 Miller Road#A 139 Blk D 45 R-4594-00D-0450-1 DR Horton Texas Ltd. Rowlett,Texas 75088 Riverchase 1 4306 Miller Road#A 140 Blk D 46 R-4594-00D-0460-1 DR Horton Texas Ltd. Rowlett,Texas 75088 Riverchase 1 1817 Eastfork Lane 141 Blk D 47 R-4594-00D-0470-1 Angela Roscoe Wylie,Texas 75098 Riverchase 1 1901 Eastfork Lane 142 Blk D 48 R-4594-00D-0480-1 John Zeilan Wylie,Texas 75098 Riverchase 1 1903 Eastfork Lane 143 BIk D 49 R-4594-00D-0490-1 Brian Roderick Wylie,Texas 75098 Riverchase 1 1905 Eastfork Lane 144 Blk D 50 R-4594-00D-0500-1 Bobby Goodwin Wylie,Texas 75098 Riverchase 1 1907 Eastfork Lane 145 Blk D 51 R-4594-00D-0510-1 Jason Silvers Wylie,Texas 75098 Riverchase 1 1700 Eastfork Lane 146 Blk E Lot 1 R-4594-00E-0010-1 Aaron Hansen Wylie,Texas 75098 Riverchase 1 1702 Eastfork Lane 147 Blk E 2 R-4594-00E-0020-1 Michael Shaw Wylie,Texas 75098 Riverchase 1 1704 Eastfork Lane 148 Blk E 3 R-4594-00E-0030-1 Tamara Ingraham Wylie,Texas 75098 Riverchase 1 1706 Eastfork Lane 149 Blk E 4 R-4594-00E-0040-1 Bryan Hart Wylie,Texas 75098 Riverchase 1 1708 Eastfork Lane 150 Blk E 5 R-4594-00E-0050-1 Ronald Weems Wylie,Texas 75098 Riverchase 1 1710 Eastfork Lane 151 Blk E 6 R-4594-00E-0060-1 Shawn Brice Wylie,Texas 75098 Riverchase 1 1712 Eastfork Lane 152 BIk E 7 R-4594-00E-0070-1 Walter Wallen Wylie,Texas 75098 Riverchase 1 1714 Eastfork Lane 153 Blk E 8 R-4594-00E-0080-1 Ricky Griffin Wylie,Texas 75098 Riverchase 1 1716 Eastfork Lane 1Nl talk E 9 R-4)94-00E-0090-1 Willis Elliott Wylie,Texas '/iO9S Riverchase 1 1800 Eastfork Lane 155 Blk E 10 R-4594-00E-0100-1 Eille Lewis Wylie,Texas 75098 Riverchase 1 1802 Eastfork Lane 156 BIk E 11 R-4594-00E-0110-1 David Collett Wylie,Texas 75098 Riverchase 1 1804 Eastfork Lane 157 Blk E 12 R-4594-00E-0120-1 Christopher Dague Wylie,Texas 75098 Riverchase 1 1806 Eastfork Lane 158 Blk E 13 R-4594-00E-0130-1 Shannon OToole Wylie,Texas 75098 Riverchase 1 1808 Eastfork Lane 159 Blk E 14 R-4594-00E-0140-1 David Barrera Wylie,Texas 75098 Riverchase 1 1810 Eastfork Lane 160 BIk E 15 R-4594-00E-0150-1 Richard Vaughn Wylie,Texas 75098 Riverchase 1 1812 Eastfork Lane 161 BIk E 16 R-4594-00E-0160-1 Peter Patnaude Wylie,Texas 75098 1 Riverchase 1 1814 Eastfork Lane 162 Blk E 17 R-4594-00E-0170-1 Martin Guerra Wylie,Texas 75098 i Riverchase 1 1816 Eastfork Lane 163 Blk E 18 R-4594-00E-0180-1 Suzanne Herrick Wylie,Texas 75098 Riverchase 1 1818 Eastfork Lane ( 164 BIk E 19 R-4594-00E-0190-1 Tony Wright Wylie,Texas 75098 Riverchase 1 1820 Eastfork Lane 165 Blk E 20 R-4594-00E-0200-1 Richard Wright Wylie,Texas 75098 Riverchase 1 1822 Eastfork Lane 166 Blk E 21 R-4594-00E-0210-1 Jean Pattassery Wylie,Texas 75098 Riverchase 2 1604 Timber Brook Drive 167 Blk E Lot 22 R-5124-00E-0220-1 Barbara Haber Wylie,Texas 75098 Riverchase 2 1606 Timber Brook Drive 168 Blk E 23 R-5124-00E-0230-1 Dennis Morrow Wylie,Texas 75098 Riverchase 2 1608 Timber Brook Drive 169 Blk E 24 R-5124-00E-0240-1 Douglas Griep Wylie,Texas 75098 Riverchase 2 1610 Timber Brook Drive 170 BIk E 25 R-5124-00E-0250-1 Chris Rhodes Wylie,Texas 75098 Riverchase 2 1612 Timber Brook Drive 171 BIk E 26 R-5124-00E-0260-1 Ricky Phillips Wylie,Texas 75098 Riverchase 2 1614 Timber Brook Drive 172 Blk E 27 R-5124-00E-0270-1 Bob Precht Wylie,Texas 75098 Riverchase 2 4306 Miller Road#A 173 BIk E 28 R-5124-00E-0280-1 DR Horton Texas Ltd. Rowlett,Texas 75088 Riverchase 2 1613 Timber Brook Drive 174 Blk E 29 R-5124-00E-0290-1 Marvin Demings Wylie,Texas 75098 Riverchase 2 1611 Timber Brook Drive 175 Blk E 30 R-5124-00E-0300-1 Jeremiah Vensel Wylie,Texas 75098 Riverchase 2 1609 Timber Brook Drive 176 Blk E 31 R-5124-00E-0310-1 Deeanna Diehl Wylie,Texas 75098 Riverchase 2 1607 Timber Brook Drive 177 Blk E 32 R-5124-00E-0320-1 Joe Lopez Wylie,Texas 75098 Riverchase 2 1605 Timber Brook Drive 178 BIk E 33 R-5124-00E-0330-1 Tom Jordan Wylie,Texas 75098 Riverchase 2 1603 Timber Brook Drive 179 Blk E 34 R-5124-00E-0340-1 Andrew Edwards Wylie,Texas 75098 Riverchase 2 1601 Timber Brook Drive 180 BIk E 35 R-5124-00E-0350-1 Kristen Batton Wylie,Texas 75098 Riverchase 2 1600 Shady Grove Court 181 Blk E 36 R-5124-00E-0360-1 Charlotte Ingle Wylie,Texas 75098 Riverchase 2 PO Box 1467 182 Blk E 37 R-5124-00E-0370-1 Jack Walton Wylie,Texas 75098 Riverchase 2 Jose Ahedo 4306 Miller Road#A 183 Blk E 38 R-5124-00E-0380-1 RE Property Tax Rowlett,Texas 75088 Riverchase 2 1606 Shady Grove Court 184 Blk E 39 R-5124-00E-0390-1 Michael Skinner Wylie,Texas 75098 Riverchase 2 1608 Shady Grove Court 185 Blk E 40 R-5124-00E-0400-1 Colby Schlensker Wylie,Texas 75098 Riverchase 2 1610 Shady Grove Court 186 Blk E 41 R-5124-00E-0410-1 James Parker Wylie,Texas 75098 Riverchase 2 1609 Shady Grove Court 187 BIk E 42 R-5124-00E-0420-1 Mark Case Wylie,Texas 75098 Riverchase 2 1607 Shady Grove Court 188 Blk E 43 R-5124-00E-0430-1 Imtiyaz Lokhandwala Wylie,Texas 75098 Riverchase 2 4306 Miller Road#A 189 Blk E 44 R-5124-00E-0440-1 DR Horton Texas Ltd. Rowlett,Texas 75088 Riverchase 2 PO Box 476 190 Blk E 45 R-5124-00E-0450-1 Amy Conkle Wylie,Texas 75098 Riverchase 2 1601 Shady Grove Court 191 Blk E 46 R-5124-00E-0460-1 Michelle Alexander Wylie,Texas 75098 Riverchase 2 1600 Autumn Glen Court 192 Blk E 47 R-5124-00E-0470-1 Jeffrey Steward Wylie,Texas 75098 Riverchase 2 1602 Autumn Glen Court 193 Blk E 48 R-5124-00E-0480-1 Brian Flick Wylie,Texas 75098 Riverchase 2 1604 Autumn Glen Court 194 Blk E 49 R-5124-00E-0490-1 Douglas Dillon Wylie,Texas 75098 Riverchase 2 1606 Autumn Glen Court 195 Blk E 50 R-5124-00E-0500-1 Joe Blanton Wylie,Texas 75098 Riverchase 2 1607 Autumn Glen Court 196 Blk E 51 R-5124-00E-0510-1 John Kendrick Wylie,Texas 75098 Riverchase 2 1605 Autumn Glen Court 197 Blk E 52 R-5124-00E-0520-1 Michael Garnder Wylie,Texas 75098 Riverchase 2 1603 Autumn Glen Court 198 BIk E 53 R-5124-00E-0530-1 Stephen Coyle Wylie,Texas 75098 Riverchase 2 1601 Autumn Glen Court 199 Blk E 54 R-5124-00E-0540-1 Bryan McDonald Wylie,Texas 75098 Riverchase 2 1625 Rushing Way 200 BIk E 55 R-5124-00E-0550-1 Ian Mackie Wylie,Texas 75098 Riverchase 2 1627 Rushing Way 201 Blk E 56 R-5124-00E-0560-1 Jeffrey McNair Wylie,Texas 75098 Riverchase 2 1602 Country Walk Lane 202 Blk E 57 R-5124-00E-0570-1 John Whalon Wylie,Texas 75098 Riverchase 2 1600 Country Walk Lane 203 Blk E 58 R-5124-00E-0580-1 Kenneth Robison Wylie,Texas 75098 Riverchase 2 1602 Timber Brook Drive 204 BIk F Lot 1 R-5124-00E-0010-1 Christopher Key Wylie,Texas 75098 Riverchase 2 1600 Timber Brook Drive 205 Blk F 2 R-5124-00E-0020-1 Robert Posner Wylie,Texas 75098 Riverchase 2 1600 Rushing Way 206 Blk F 3 R-5124-00E-0030-1 Rachel Bennett Wylie,Texas 75098 Riverchase 2 1602 Rushing Way 207 BIk F 4 R-5124-00E-0040-1 Christy Bolin Wylie,Texas 75098 Riverchase 2 1604 Rushing Way 208 Blk F 5 R-5124-00E-0050-1 Chad Dunaway Wylie,Texas 75098 Riverchase 2 1606 Rushing Way )C 209 BIk F 6 R-5124-00E-0060-1 Marianna Stephens Wylie,Texas 75098 Riverchase 2 1608 Rushing Way 210 Blk F 7 R-5124-00E-0070-1 Beth Connett Wylie,Texas 75098 Riverchase 2 1610 Rushing Way 211 Blk F 8 R-5124-00E-0080-1 Carla Campbell Wylie,Texas 75098 Riverchase 2 3907 Dublin Road 212 BIk F 9 R-5124-00E-0090-1 Herbert Fischer Allen,Texas 75002 Riverchase 2 1614 Rushing Way 213 Blk F 10 R-5124-00E-0100-1 David Price Wylie,Texas 75098 Riverchase 2 1616 Rushing Way 214 BIk F 11 R-5124-00E-0110-1 Gustavo Lozano Wylie,Texas 75098 Riverchase 2 1618 Rushing Way 215 BIk F 12 R-5124-00E-0120-1 Joseph Murphy Wylie,Texas 75098 Riverchase 2 1620 Rushing Way 216 Blk F 13 R-5124-00E-0130-1 Jay Jenkins Wylie,Texas 75098 Riverchase 2 1622 Rushing Way 217 BIk F 14 R-5124-00E-0140-1 Varghese Chacko Wylie,Texas 75098 Riverchase 2 1624 Rushing Way 218 Blk F 15 R-5124-00E-0150-1 David Bixler Wylie,Texas 75098 Riverchase 2 1626 Rushing Way 219 BIk F 16 R-5124-00E-0160-1 Doyle Cooper Wylie,Texas 75098 Riverchase 2 1628 Rushing Way 220 BIk F 17 R-5124-00E-0170-1 Martha Krouse Wylie,Texas 75098 Riverchase 2 1630 Rushing Way 221 Blk F 18 R-5124-00E-0180-1 Philip Morgan Wylie,Texas 75098 Riverchase 2 1700 Rushing Way 0 222 BIk F 19 R-5124-00E-0190-1 Robert Saunders Wylie,Texas 75098 Riverchase 2 1702 Rushing Way 223 BIk F 20 R-5124-00E-0200-1 Jerry Dean Wylie,Texas 75098 Riverchase 2 1704 Rushing Way 224 Blk F 21 R-5124-00E-0210-1 John Sullenger Wylie,Texas 75098 Riverchase 2 1706 Rushing Way 225 Blk F 22 R-5124-00E-0220-1 Diana Smith Wylie,Texas 75098 Riverchase 2 1708 Rushing Way 226 Blk F 23 R-5124-00E-0230-1 Helen Berliner Wylie,Texas 75098 Riverchase 2 1710 Rushing Way 227 Blk F 24 R-5124-00E-0240-1 Linda McNeely Wylie,Texas 75098 Riverchase 2 1712 Rushing Way E 228 Blk F 25 R-5124-00E-0250-1 Hector Mercado Wylie,Texas 75098 Riverchase 2 1714 Rushing Way 229 BIk F 26 R-5124-00E-0260-1 Brett Ballowe Wylie,Texas 75098 Riverchase 2 1716 Rushing Way 230 Blk F 27 R-5124-00E-0270-1 Robert Melton Wylie,Texas 75098 Riverchase 2 1718 Rushing Way 231 Blk F 28 R-5124-00E-0280-1 Michael Davis Wylie,Texas 75098 Riverchase 2 1720 Rushing Way 232 Blk F 29 R-5124-00E-0290-1 Gabriel Madrid Wylie,Texas 75098 Riverchase 2 1722 Rushing Way 233 Blk F 30 R-5124-00E-0300-1 Bruce Kintgen Wylie,Texas 75098 Riverchase 2 1729 Rushing Way 234 Blk F 31 R-5124-00E-0310-1 Jose Torres Wylie,Texas 75098 [ Riverchase 2 1727 Rushing Way 235 Blk F 32 R-5124-00E-0320-1 Jonathan Carrier Wylie,Texas 75098 Riverchase 2 1725 Rushing Way 236 Blk F 33 R-5124-00E-0330-1 Craig Anderson Wylie,Texas 75098 Riverchase 2 1723 Rushing Way 237 Blk F 34 R-5124-00E-0340-1 Ronald Pirkle Wylie,Texas 75098 Riverchase 2 1721 Rushing Way 238 Blk F 35 R-5124-00E-0350-1 Scott Haines Wylie,Texas 75098 Riverchase 2 1719 Rushing Way 239 Blk F 36 R-5124-00E-0360-1 Mark Rodriguez Wylie,Texas 75098 Riverchase 2 1717 Rushing Way 240 Blk F 37 R-5124-00E-0370-1 Ron Hasty Wylie,Texas 75098 Riverchase 2 1715 Rushing Way 241 Blk F 38 R-5124-00E-0380-1 Tyrone Turner Wylie,Texas 75098 Riverchase 2 1713 Rushing Way 242 Blk F 39 R-5124-00E-0390-1 Farhan Patwa Wylie,Texas 75098 Riverchase 2 1711 Rushing Way 243 BIk F 40 R-5124-00E-0400-1 Edgar Franks,Jr. Wylie,Texas 75098 Riverchase 2 1709 Rushing Way 244 Blk F 41 R-5124-00E-0410-1 Julie Whistler Wylie,Texas 75098 Riverchase 2 1707 Rushing Way 245 BIk F 42 R-5124-00E-0420-1 Thomas Stephens Wylie,Texas 75098 Riverchase 2 1705 Rushing Way 246 Blk F 43 R-5124-00E-0430-1 Howard Dover Wylie,Texas 75098 Riverchase 2 1703 Rushing Way 247 Blk F 44 R-5124-00E-0440-1 Kyle Hamil Wylie,Texas 75098 Riverchase 2 1601 Country Walk Lane 248 Blk F 45 R-5124-00E-0450-1 Melissa Hartley Wylie,Texas 75098 Riverchase 2 1603 Country Walk Lane 249 BIk F 46 R-5124-00E-0460-1 James Rodgers Wylie,Texas 75098 Riverchase 3 1803 Stonecrest Trail 250 Blk A Lot 18 R-8107-00A-0180-1 Chris Smith Wylie,Texas 75098 Riverchase 3 1805 Stonecrest Trail 251 Blk A 19 R-8107-00A-0190-1 Todd Pickens Wylie,Texas 75098 Riverchase 3 1807 Stonecrest Trail 252 Blk A 20 R-8107-00A-0200-1 Armando Gonzales Wylie,Texas 75098 Riverchase 3 1809 Stonecrest Trail 253 Blk A 21 R-8107-00A-0210-1 Stacey LaBarbera Wylie,Texas 75098 Riverchase 3 1811 Stonecrest Trail 254 Blk A 22 R-8107-00A-0220-1 Jerry Smith Wylie,Texas 75098 Riverchase 3 1901 Stonecrest Trail 255 Blk A 23 R-8107-00A-0230-1 Devin Johnstone Wylie,Texas 75098 Riverchase 3 1903 Stonecrest Trail 256 Blk A 24 R-8107-00A-0240-1 Peter Burke Wylie,Texas 75098 Riverchase 3 1905 Stonecrest Trail 257 Blk A 25 R-8107-00A-0250-1 Laura Hornberger Wylie,Texas 75098 Riverchase 3 1907 Stonecrest Trail 258 Blk A 26 R-8107-00A-0260-1 William Otworth Wylie,Texas 75098 Riverchase 3 1909 Stonecrest Trail 259 Blk A 27 R-8107-00A-0270-1 Jeffrey Armstrong Wylie,Texas 75098 Riverchase 3 2001 Stonecrest Trail 260 Blk A 28 R-8107-00A-0280-1 Juan Salcedo Wylie,Texas 75098 Riverchase 3 2003 Stonecrest Trail 261 Blk A 29 R-8107-00A-0290-1 Elaine Weathers Wylie,Texas 75098 Riverchase 3 2005 Stonecrest Trail 0 262 Blk A 30 R-8107-00A-0300-1 Horace Smith Wylie,Texas 75098 Riverchase 3 2007 Stonecrest Trail 263 Blk A 31 R-8107-00A-0310-1 Johnny Lopez Wylie,Texas 75098 Riverchase 3 2009 Stonecrest Trail 264 Blk A 32 R-8107-00A-0320-1 Billy Brown Wylie,Texas 75098 Riverchase 3 2011 Stonecrest Trail 265 Blk A 33 R-8107-00A-0330-1 Damon Ainsworth Wylie,Texas 75098 Riverchase 3 2013 Stonecrest Trail 266 Blk A 34 R-8107-00A-0340-1 Jerry Hale Wylie,Texas 75098 Riverchase 3 2014 Stonecrest Trail 267 Blk A 35 R-8107-00A-0350-1 Brent O'Leary Wylie,Texas 75098 Riverchase 3 2012 Stonecrest Trail 268 Blk A 36 R-8107-00A-0360-1 Chad Powell Wylie,Texas 75098 Riverchase 3 2010 Stonecrest Trail 269 Blk A 37 R-8107-00A-0370-1 Curtis Bowen Wylie,Texas 75098 Riverchase 3 1700 Stone Glen Drive 270 Blk A 38 R-8107-00A-0380-1 Kevin Haag Wylie,Texas 75098 Riverchase 3 1702 Stone Glen Drive 271 Blk A 39 R-8107-00A-0390-1 Ernest Davis Wylie,Texas 75098 Riverchase 3 1704 Stone Glen Drive 272 Blk A 40 R-8107 OOA-0400-1 Joseph Locke Wylie,Texas 75098 Riverchase 3 1706 Stone Glen Drive 273 Blk A 41 R-8107-0OA-0410-1 Christopher Mowry Wylie,Texas 75098 Riverchase 3 1800 Stone Glen Drive 274 Blk A 42 R-8107-OOA-0420-1 Daniel Utley Wylie,Texas 75098 6 Riverchase 3 1802 Stone Glen Drive 275 Blk A 43 R-8107-00A-0430-1 John Hawkes Wylie,Texas 75098 Riverchase 3 1804 Stone Glen Drive 276 Blk A 44 R-8107-00A-0440-1 Michael Boroden Wylie,Texas 75098 Riverchase 3 1806 Stone Glen Drive E 277 Blk A 45 R-8107-00A-0450-1 John Sanders Wylie,Texas 75098 Riverchase 3 1808 Stone Glen Drive 278 Blk A 46 R-8107-00A-0460-1 Gordon Saunders Wylie,Texas 75098 Riverchase 3 2008 Stonecrest Trail 279 Blk B Lot 1 R-8107-00B-0010-1 James Marquez Wylie,Texas 75098 Riverchase 3 2006 Stonecrest Trail 280 Blk B 2 R-8107-00B-0020-1 Scott Bale Wylie,Texas 75098 Riverchase 3 2004 Stonecrest Trail 281 Blk B 3 R-8107-00B-0030-1 Kevin Chalmers Wylie,Texas 75098 Riverchase 3 2002 Stonecrest Trail 282 Blk B 4 R-8107-00B-0040-1 Stephen Bullock Wylie,Texas 75098 Riverchase 3 2000 Stonecrest Trail 283 Blk B 5 R-8107-00B-0050-1 Joe Morris Wylie,Texas 75098 Riverchase 3 1908 Stonecrest Trail 284 Blk B 6 R-8107-00B-0060-1 Jeramy Welch Wylie,Texas 75098 Riverchase 3 1906 Stonecrest Trail 0 285 Blk B 7 R-8107-00B-0070-1 Alan Dieringer Wylie,Texas 75098 Riverchase 3 1904 Stonecrest Trail 286 Blk B 8 R-8107-00B-0080-1 Brandon Weaver Wylie,Texas 75098 Riverchase 3 1902 Stonecrest Trail 287 Blk B 9 R-8107-00B-0090-1 Serafin Guerrero Wylie,Texas 75098 Riverchase 3 1900 Stonecrest Trail 288 Blk B 10 R-8107-00B-0100-1 Robert Livingston Wylie,Texas 75098 Riverchase 3 1809 Stone Glen Drive 289 Blk B 16 R-8107-00B-0160-1 Charles Ruple Wylie,Texas 75098 Riverchase 3 1807 Stone Glen Drive 290 Blk B 17 R-8107-00B-0170-1 Lisa Smith Wylie,Texas 75098 Riverchase 3 1805 Stone Glen Drive 291 BIk B 18 R-8107-00B-0180-1 David Hunter Wylie,Texas 75098 Riverchase 3 1803 Stone Glen Drive 292 BIk B 19 R-8107-00B-0190-1 Matthew Ridgway Wylie,Texas 75098 Riverchase 3 1801 Stone Glen Drive 293 Blk B 20 R-8107-00B-0200-1 Arden Bjerkeli Wylie,Texas 75098 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /VIA k Ai A/A14 -STF_P//6tls (pleaset)print) 9 Address: /6 D <0 f1/All7 (oA 0,))// "-" TY 7 73 9 Signature: Date: - /G-,216*l',' COMMENTS: Ae/ A,e s At O�,c�����,c� ,� ,g Yic �,P�, 44// y � uc�r _de (c)It d is C�a i&I� �� Ft ;7" r-Sm� f_ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: At-AN tJ IE.A (Ai (>C{L (please print) Address: (�(d ( S 71)o z-C/L cSr ( (2)4 i L Signature: 614 ‹: Date: 8 f (7 b COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 / I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / ' / / (iha p ! 5 ,71-7---e__,6±_____ (please print) Ir ,�Address: / Fa / SiV A e (^yesf a " I (41 )I€., I X 75.6 Signature: . ---_,-, Date: fft4/e.O S COMMENTS: (CUe. a-re �;(� ` ki i .I ;h f? it r e ! q h o col n hi/ r ./ic ) K ,r -e noC e , .� e r vcc 9 Gc vi c>f 5C l/ rt ij l>2 (roV, �Q Y 0 fi'/L Jo K- 7l► s' C-eG p e s -- makes c-e--is C c_ l J , , si nCe_ ` � re� re_ ct/rz. 4c cis h r 9 pi 0 6(‘11'.-i. f c'i--- tip-' oi, ----1e-v‘ c_- , as L l IZs2�c Q-v s c1 y d l'1 o 6-e 1--ems( Cr kc-1 to c,- a, f1e ,re -fr 9 -r\ �—c-(. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case \/ #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: O M C F_ A . ,sin 1 t T v\ (please print) • Address: 20 a 5 5 T-oN E C 1 f S T TM IL VvY LI E / T X S0 9 S Signature: it( �- -- Date: 1 — al - 05 COMMENTS: VF-0K . A.2014At , /Yry ,.. C-Ci\Atv ,.. )1,0 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 X I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: �i�D�1,t;�� l Nc6)2,S (please print) Address: 170 0 4 S hi'N y ieki Signature: Date: 7 7"' d_r COMMENTS: 4. uff,, r _ _________. _ _ , PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: a�[rra Gi 1k,v(p✓I (please print) Address: MOO TI avh Ail/ I�au Wy 1 i l Tx 7sD9 Signature: !P—, , Date: 7/.2,VOS COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 fI am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-17. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-17. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ._1a.MC'S 1 . R '_e_l (please print) Address: (R Q' tOhe Ci T r i k° _, 1Jt to TX ci8 - 7 75E Signature: 1 Date: "' A iJl. US+ 2-00� COMMENTS: July 14,2005 David Booth D.R.Horton Homes 4306 Miller Road Rowlett,Texas 75088 RE;Riverchase PD Amendment Dear David, On behalf of the Riverchase HOA board of directors,I request that DR Horton amend the PD with the City of Wylie and any other appropriate governmental agencies. This amendment will permit 8 foot fences to bo installed in the Riverchase community of Wylie,TX. Upon receipt of the completed amendment process, please contact Deirdre Utley, Riverchase HOA President, for confirmation of amendment approval and to provide any necessary documentation for our files. Should you have any questions,please contact me at 972.361.5339. Thank you, 0410 avvu:k, Angela Carrier .Secretary Riverchase HOA Wylie,TX CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: August 22, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Hold a public hearing and act upon Ordinance No. 2005-46 approving a Specific Use Permit for an Amateur Communications Tower and Antenna, to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. ZC 2005-16. Requires super majority affirmative vote for approval. RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 16, 2005, 3 — 1 to recommend approval. Owners representing more than twenty (20) percent of the legal notification area have submitted written opposition to the request, requiring affirmative vote of 3/4 (6 members) of the Council to approve. SUMMARY: Owner: Patricia Ann Key Applicant: Cantral Eargle (Relative) Twenty-four (24) notifications were mailed in compliance with State law. Nine (9) written responses have been returned. Eight (8) opposing and one (1) favoring the request, because owners of more than twenty (20) percent of the legal notification area have submitted written opposition, the affirmative vote of 3/4 (6 members) of the Council is required for approval. The Federal Communications Commission (FCC) ultimately controls the operation of individual amateur communications, as well as the limits which local governments may restrict such operations. Local regulations that involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications. Amateur radio is a public service and aids in times of emergency. Wylie's Ordinance limits such towers to one (1) per lot, the height of which may not exceed seventy-five (75) feet. The Ordinance also states that such towers may not be located within any front, side or rear setbacks. Amateur radio towers/antennas require the approval of a Specific Use Permit (SUP) because such towers often raise concerns of potential adverse visual or aesthetic impact and interference with other communications equipment within the vicinity. APPROVED BY: Initial Date Department Director: CT \ 8/22/05 City Manager: 482 \ ¶M7oo c 1 AGENDA SUBJECT: Hold a public hearing and act upon Ordinance No. 2005-46 approving a Specific Use Permit for an Amateur Communications Tower and Antenna, to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. ZC 2005-16. Requires super majority affirmative vote for approval. SUMMARY: (Continued) 1. Aesthetics are largely a difficulty-defined personal issue. The proposed tower will be located in the rear yard, largely screened by the house from view of the some-what lower front street-level. The top of the tower and antenna (at maximum 45 feet) will be approximately 13 feet higher that the peak of the house roof(32 feet). The tower will be open truss construction with no supporting guy wires. (see attached plans). 2. The FCC confirms the potential for the radio transmitting to interfere with other air-wave communications receiving equipment within the immediate vicinity. Such interference is largely caused by inadequate design of the equipment being interfered and from equipment within the interfered-with home rather that sources outside. If caused by radio operations, the interference will occur only when the radio is operating (not receiving) and can be documented by the FCC-required log each operator must maintain. Radio transmissions do not interfere with cable-receiving equipment. (see attached FCC report) The applicant is proposing a 100 watt maximum radio and conducting transmission at night. The tower will be free standing, crank-up type that lowers to roughly fifteen (15) feet in height when not in use. The tower will be bolted to a concrete base that measures three (3) feet in diameter and is three (3) inches above earth level. No other towers/antennas have been permitted nor were observed within the immediate vicinity, except for a number of roof-mounted TV receiving antennas. There are a total of 47 households with one or more licensed operators within Wylie (0.05% of our total households), and these are fairly well distributed with no potential for concentrations. 2 ORDINANCE NO. 2005-46 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2005-16, TO A SPECIAL USE PERMIT (SUP) FOR AN AMATEUR RADIO TOWER AND ANTENNA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Special Use Permit (SUP) for an amateur radio tower and antenna, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Ordinance No. 2005-16 SUP—Amateur Communications Tower Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of September, 2005. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 21,2005 Ordinance No. 2005-16 SUP—Amateur Communications Tower Exhibit "A" LEGAL DESCRIPTION Zone Case#2005-16 BEING located South of State Highway 78 and east of Kreymer Lane, also being 2933 Glendale Drive, being all of Lot 54, Block A in the Cimarron Estates Phase 2 Addition, City of Wylie, Collin County, Texas. Ordinance No. 2005-16 SUP—Amateur Communications Tower Exhibit"B" SPECIFIC USE PERMIT CONDITIONS for an Amateur Communications Tower and Antenna to Cantral Eargle at 2933 Glendale Drive (Zoning Case 2005-16) General Conditions: 1. The purpose of this Special Use Permit is to allow the construction and operation of an Amateur Communications Tower and Antenna in conjunction with an existing private residence, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Single Family-8.5/17 (SF 8.5/17) District set forth in Sections 3.3.A and 5.2 of the Zoning Ordinance (as adopted November 2001) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply only to Cantral L. Eargle on Lot 54, Block A of the Cimarron Estates Phase 2 Addition as described in Exhibit "A", and shall not be transferred or applied to other uses, persons or properties in any way. The tower and antenna shall be removed from the subject property if and when Cantral Eargle vacates the lot. 2. Permitted land uses within this Special Use Permit shall permit an Amateur Communications Tower, as well all of but only those uses permitted within the Single Family-8.5/17 District as specified in Section 5.1 of the Zoning Ordinance. 3. All development provisions and regulations of Section 5.2.J.7 of the Zoning Ordinance shall apply, except that the tower may not exceed forty-five (45) feet in height. 4. The operations shall remain in compliance at all times with the above and all other applicable local, state and federal laws, and failure to do so shall be considered a violation of this Special Use Permit and subject to revocation of the SUP. ANTENNA TOWER DESCRIPTION AND SPECIFICATIONS LOCATION: To be erected at: 2933 Glendale Drive Wylie TX 75098 Cimarron Estates Subdivision. DESCRIPTION: (See attached drawing) Tower with mast has overall height of forty (40) feet. Tower is constructed of galvanized steel. Tower is free standing, crank up type, that lowers to about fifteen (15) ft in height when not in use. No guy wires are used. Base is constructed of reinforced concrete dug into earth about four(4) feet deep and three (3) ft in diameter. Top of concrete base is about three (3) inches above earth level. Tower bolts to concrete base. Tower is approximately two (2) ft. in cross section at base. Tower is centered (see plat)twelve(12) ft. East of the West lot line, and seven (7) ft. North of existing residential structure. Upper antenna radials will not extend past property line. Entire lower section of tower will be well hidden from street view behind solid wood fence, and existing house. In daytime, tower will be mostly retracted to it's lower height. Most extended height use will occur at night. INTENDED USE: Tower and antenna will be used by Licensed Amateur Radio operator. Call sign WB6TMC No interference with other radio, cell phone, television, citizens band, or other frequencies will occur. Entire station will be available for use in the event of any national or local emergency. END OF REPORT .. ... Subject \... .. ..Prop _.._ _.._.._.._.._.._.._.._.._.._.._ ._.. .._.._.._.._.._.._.. . _.. Reata Delv 0 } i_ l � ? [1>)(1) a5 m Sheridan Lane F . i D:. CL I I a Montague Trail a) J ' . m Glendale Drive II 1 I A i Jamestown Delve a 1 i E I i i i i i 1 i 1 i i 1_I LOCATION MAP ZONING CASE #2005-16 ' PLAT SHOWING Lot 54 , Block A , of CIMARRON ESTATES PHASE II , an Addition to the City of Wylie , Collin County , Texas , according to the plat thereof as recorded in Volume 0 , Page 362 of the Plat Records , Collin County , Texas . 2933 GLENDALE DRIVE ALLEY TELE n 1/2" IRE S 89°07' 21" E RISERIZ' IRE // \ . X 65.2) ' \ ❑ 5' U.E. a4 x 0.4 I 0.4 x I J 10' X 10' No aiy ONCO2 ESMT x IN I R" LOT 54 X BLOCK A n N �� AONC. -rQvi ";►- f1CQIVE✓. ' N o •PATID `i pOR ( M N 0 a - 1 .1R >'Le::i o a ,- 0 A . J Q... ),, y �i PATIO Io 9.2 it J L— — --,./ (r) 24.0 23.6 8.4 0 X LC! PO 0.4 X ONE—STORY BRICK HOUSE 0.4 0. u-i N 4.6 n OPT' 11.0 �0.4 6.3 8.0 o a o 9.2 12.5 'n 14.0 ' \\ 25' BL v o r O 7 in o N w J Q O J ..Q —a 65.22' r 1/2" IRE N 89°07'21" W 1/2" WE4 > (CONTROL BEARING) WATER 0 METER 2933 GLENDALE DRIVE 50' R.O.W. "FLOOD CERTIFICATION" Subject property is located in Ali Zone X according to the Flood Insurance Rate Map Community Panel Map # 48085C0470 G e and Mop # 48085C0500 G Ri) Ti ' i * T 3O ` 7 -Lt)t k 7< I� Cots ci2 ETA I NOTIFICATION REPORT APPLICANT: Cantral L. Eargle APPLICATION FILE #2005-16 2933 Glendale Drive Wylie,Texas 75098 O— FOB X = ,d G S,I r1 S-j' C BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME C ADDRESS Applicant 2933 Glendale Drive 1 Cantral L. Eargle Wylie,Texas 75098 Cimarron Estates 2 300 Capps Drive 2 Bik A Lot 34 R-8143-00A-0340-1 Jalme Gonzalez Wylie,Texas 75098 Cimarron Estates 2 2936 Montague Trail 3 BIkA 35 R-8143-00A-0350-1 Carl Garrison Wylie,Texas 75098 Cimarron Estates 2 2934 Montague Trail X 4 Blk A 36 R-8143-00A-0360-1 Dave Baychoo Wylie,Texas 75098 Cimarron Estates 2 2932 Montague Trail { 5 Bik A 37 R-8143-00A-0370-1 Tina Schmidt Wylie,Texas 75098 Cimarron Estates 2 2930 Montague Trail ° l< 6 BIkA 38 R-8143-00A-0380-1 Justin Burris Wylie,Texas 75098 Cimarron Estates 2 2928 Montague Trail 7 BIkA 39 R-8143-00A-0390-1 Brad James Wylie,Texas 75098 Cimarron Estates 2 2926 Montague Trail 8 BIkA 40 R-8143-00A-0400-1 William isakson Wylie,Texas 75098 Cimarron Estates 2 2925 Glendale Drive X 9 Bik A Lot 50 R-8143-00A-0500-1 James Ellingson Wylie,Texas 75098 Cimarron Estates 2 2927 Glendale Drive 10 Blk A 51 R-8143-00A-0510-1 Timothy Meadows Wylie,Texas 75098 Cimarron Estates 2 2929 Glendale Drive 11 BikA 52 R-8143-00A-0520-1 Kimberely Rogers Wylie,Texas 75098 Cimarron Estates 2 2931 Glendale Drive 12 Blk A 53 R-8143-00A-0530-1 Kyle Hennen Wylie,Texas 75098 Cimarron Estates 2 2933 Glendale Drive 13 BIk A 54 R 8143 OOA 0540 1 Patricia Key Wylie,Texas 75098 Cimarron Estates 2 PO Box 33 X 14 BIkA 55 R-8143-00A-0550-1 Chad Tittle Wylie,Texas 75098 Cimarron Estates 2 2937 Glendale Drive 15 Blk A 56 R-8143-00A-0560-1 Belle Rivera-Lemay Wylie,Texas 75098 Cimarron Estates 2 216 Palmdale Drive 16 BlkA 57 R-8143-00A-0570-1 Meredith Revier Wylie,Texas 75098 Cimarron Estates 2 214 Palmdale Drive 17 Bik A 58 R-8143-00A-0580-1 David Harris Wylie,Texas 75098 Cimarron Estates 2 212 Palmdale Drive X 18 BIkA 59 R-8143-00A-0590-1 Junaid Najamuddin Wylie,Texas 75098 Cimarron Estates 2 210 Palmdale Drive O 19 Blk A 60 R-8143-00A-0600-1 Philip Johnson Wylie,Texas 75098 Cimarron Estates 2 2928 Glendale Drive 20 Bik D Lot 31 R-8143-00D-0310-1 Concepcion Villarreal Wylie,Texas 75098 Cimarron Estates 2 2930 Glendale Drive 21 Blk D 32 R-8143-00D-0320-1 Jarrod Landon Wylie,Texas 75098 Cimarron Estates 2 2932 Glendale Drive X 22 Blk D 33 R-8143-00D-0330-1 Mist'Workman Wylie,Texas 75098 Cimarron Estates 2 2934 Glendale Drive X 23 Blk D 34 R-8143-00D-0340-1 Jeff FIschelll Wylie,Texas 75098 Clmarron Estates 2 2936 Glendale Drive 24 Blk D 35 R-8143-00D-0350-1 VlJalchand Sand Wylie,Texas 75098 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 42 41 32 331 ue Trai -----------. 1 34 42 41 \i , 1 8 =111'';'''.,;:14'-4.:1 -'''''''''''''''A:, IN. r.y 34 CD X X 49 5n A •XY X 4 Drive 7 { 58 J.., • �• `� 59 o I 10 60 > i 4') a b I o- Foy . „,1Qa, X = AKA,'-,- ZONING CASE #2005-16 PUBLIC COMMENT FORM 1 (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case Z #2005-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: J\J M D Iv f J kM V hi(N (please print) Address: ` — 1 n ccz d ' 3& T Y'ti-w Q- Signature: Date: 0.((0 C COMMENTS: Q z Lv.-c 5:k-Lt4 •fir,,y L,,,n 0- e-tc/ occ 1 1. a-Q 0--LCA. . k,-) tO ekr\_4) '-.1/4.,, rs-uc-rtt-G- ‘..1---A.S,..........z_ . . �r `" z �f1�-- tr.\e 1 l,-t-1�.,' (�-. Qr'1nn v�/W v\-Ls� �.-�s �v�°�t c-e f CI PUBLIC COMMENT FORM 1 (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 \,, I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: v rnPf)er 4-P I II() Joho.5L.Y1 (please print) Address: (3 IC a,\CYAN e- DC A I e IBC - g Signature: C2)' ) 177103 4q- Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas • ✓'i''/ S Name: __ 1-L S . !�C, �'7 U (please print) • Address: aC 93 v c i''7 O/77Za. uC= X 9 ' Signature: Date: 8"/./0 COMMENTS: p"-de/ Td/0/O ec.-7/ !/ct t C.4 GT^ Z yre.Ylhnve OCO�aY n� � s�O rH e).0 hors-reS � et n_ Gigv; .� c7L •-.6y9 J c C �/ ?�O�"7/h`3 Gh r C' P ,/ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of `UQ touU .hi ittfULkd.mac t b 4h r}LQ k 1A9A. Planning&Zoning (� d Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Ch r IS -+ Circa (please print) Address: 010 3FDC'1 Lewietti ) . W1i lie 1'AE Signature: ( 1,/,/06 {2 V Date: 55 III& COMMENTS: isn 1rta.n d Qcn n nvm ,c)i( , 11.1 hiaA dA-vaQu d hu plippa )I odcttfi rNKA rytoL,Lu ' vu Jk_hcLhtio a hOC�i,L c 1� /� lt1 ' �Ql In Q hot�iCla In �(LL r� t1d t,o.JA ( cii ---o �� -Er-cc/ Q n cad Lu,o Gi k $a to fir jQtLfL . j, 02,L5;Dnal( donek +oQ -1(t i7) 4V ,Cn'o,4 y (,li t,L would t.t � -t o pn,d . i� .e n t.e ffitt CL(A. l t� iv)/ hio O try v.1 E O n ,,(�,4 `r 1v he c . I� u l.t?D.l e +0 pi�P 1 ,L C,c.;o C t,L�S 4 StA,t,'ti.Q l(),Lct.c it,cnuo . PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ro ERE D l T l ` R 6 V 16 ( lease print) [� {�Address: a 1 fAL1Y 1 DALE L E tJ o € , 7,)00 87. Signature: 2 --- lU U Date: / 0 0 S COMMENTS: ‘AA14 4R fYti-- c--ems 4 ,-? - 7 GCS .cVw--->; e'\ (L iv?) c —,,,, 4 n )riq ram, PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ( Address: ( l ! t� /�(�C �� . Vk U t 1 - .7 V 9F Signature: `i ! /}C(ZY��� - Date: / s g-10 V COMMENTS: eT 1)G'U,O V 1 T U VimPI g NA-0E- 4 NO )r 01/A4-7) ^1 _14A-0-E-0 V /1)-1, -Ti-f-c pA-e--Ty gcncits-i-uv‘ --r-i_i(s N6* . t? i DO N v Z,I- , k 0-DA-- l+T P2-_ lS PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. ''' /\ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: A - E ,`)C+to D (please print) Address: ,')c,3(4 t-`o r�0.J U C_, T LOJ11 )I 75-DciE, Signature: ,QNA-f2--, '\ Date: 09-2`l-0`� COMMENTS: .1__ rr V\.)e 1 r-,..1-U Ct rl+CC- Cleavm rnm rnc.ur,,_ �17--1 , t-1 S (1--t✓L ML rr,oY.e� -t u 'MOJ� �� CL bect_i_ti -L�J �t) , • `j 1 -._1.- (ki r r ne-zck ry-D ? r t) '-j L U CL 1 --to rtQ-pre C. k a1 e cC • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case / #2005-16. Y I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: 'J/ice .,l .1.12. Jj.1 A/� I2A (please print) Address: 7'l"Vst- ,5/177J9 L . � 4 / 7 x 76 D J.� Signature: '2 ith. vL!- �—t-c- Date: 7._ GV-- COMMENTS: " �,,cl� — -14/L-Y!‘=L4( )21. ii,. .., .,„-_, zt`-z-17 le-L�-i-c--�- ., PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-16. I am AGAINST the requested zoning as explained on the attach Case#2005-16. ed public notice for Zoning Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 16,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 13,2005,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: J e- \f P 1� �C�c,\ (please print) Address: aq, C ��, �� Signature: Q �j \J Date: COMMENTS: Ark CiSe nC21'rep+ -1‘C -C1--- • (*.ir) '(\ t r1-- IT\ \CY)11. (itk C1 Lc 'rc}- r c\e\ ) ct . ire f FeQ i ce `► rem CVD„11� (6N, 'r n c r f i r IY0)_h( ,� ' , c z'c : `, \��`_ „ -rho p Cat ;1 t\y hr tJ? . -AD (1.2 r, , ��P.c t t L X21 l�'7-)ri . 4 n .s& . ‘Cf; — . . '. , ...'- -• - . .E. ---, • . . ..... • .,...„...,,.......•„. .,, .....,.....:,. ....:7V y...i:;q.t:.C.1 Interferenceany watching . , :• , is unwanted radio frequency signal that prevents you from television, . a listening to your radio or stereo, or talking on your telephone. Interference may prevent �' •, �,_ ,� reception altogether, may cause only a temporary loss of a signal, or may affect the quality of the sound or picture produced by your equipment. r p�• ?'� i. (i) ID ti Before you can resolve an interference problem you must isolate the actual interference source. >� -u# m,•LI., 3 Interference originates from many sources - the equipment itself, your residence, or the ' ' neighborhood. i I" 1"�' •.r ' interference are transmitters and electrical eauioment. .r:::' The two most common causes of inte • t..,....�s Communication systems that transmit signals (transmitters) are capable of generating t�''°''� interference; these include amateur radios, CBs, and radio and television stations. Electrical (ili ® ' ' interference may be caused by power lines or electrical equipment in your home. Nig.....1‘..1 Transmitter interference is normally caused by the actual design of the interfered-with) �. ,�,;,, equipment itself. Many manuia Curers o ect internal wiring with adequate shielding or .� sufficient filtering, so the interfered with equipment is susceptible to receiving unwanted signals - interference. r,N- ' Gi , �•`_.. '• The source may be as simple as a frayed wire that connects your speakers to an amplifie-. ��ttpi ;. ,• faulty wire can act as an antenna that will carry interfering signals. Check the incoming wire t:� :. We' 'sg your outside antenna for any damage or corrosion. Replace any twin-lead cable with a coaxial cable; a coaxial cable offers the best protection from all types of outside interference. f „ .. To determine whether •the interference •is coming from the interfered •with equipment•itself, unplug -, '� u one component at a time on the interfered-with equipment or on other equipment to see if you :trszr ; can isolate the source. Also, disconnect other electrical equipment (answering machines, ~�• ;: ` _ telephones, fax machines, etc.) one by one. If the problem goes away when the device is ,. �+,R disconnected, you have found the source - the device itself. tam..• ,.ti;3 41' �' �.4 If your equipment is reacting to transmitters such as an amateur radio or CB, you will have ;�+�y interference only when the radio ooerator is talking;you will be able to hear only half of the 4.; , �_ conversation. This type of interference is normally intermittent during specific times of the day. ' ' You will probablybe able to verifyyour conclusion if you see an antenna mounted on a nearby �,� ; :_ `. y house or car. Stereos, electronic organs, home intercom st stP sand other devices can r_ eact to •:_; ? nearby radio transmitters and will function as radio efeC ivers. Cordless telechnnes use radio •-' frequencies and have no protection from interference. If you are experiencing interference on g=.*: ';- -- your cordless phone, you should contact the manufacturer for assistance. tt ** Tom '..:,:.t. 111111LLL... .,.•�., .:"tisu5 tan St-,5N • Washington,cc 2055 t •C,.,:: '-, Federal Communications Commission Consumer&Governmental Affairs Bureau y%i,' �.'`� •'S;-Tv 2 • TTf. 1-833-TELL•FCC(1-83a-835.5322) • vr,.vv lc:.go•icrp • •i • 1 833-CALL-FCC(t.8 3.25 5J'_2) Js . ® • • ;. -2- - Defining the Source—Electrical Interference ar Electrical interference appears on the audio and video portion of television programming. There '44-$'"'' • are various patterns; the entire screen may be covered with rolling horizontal lines, bars on the ';I• >:•-•, : TV screen or a series of diagonal dashed white lines. Short bursts of interference may be ,• rt ;.�, caused by hair dryers, sewing machines, electric drills, doorbell transformers and garage door 2.-+s• , • openers. If the pattern is on continuously, it may be caused by equipment that is in use full time, 41111.11 such as aquarium heaters and fluorescent lighting. Interference caused by your power . ? company's electrical equipment is normally continuous and your power company should be --.=:: 1. notified. ram;. A simple method of determining the location of electrical interference is by using a portable AM •:-:•;, radio tuned to a quiet frequency at the lower end of the dial. If you hear static or a buzzing sound, check to see if it corresponds with the interference to your equipment. The closer you get f;;, . :• to the source of th e interference, the more intense the static will be. ri.rillil' If you cannot locate the interference source in your own house, check with your neighbors to see • if they also receive interference. The house that has the worst interference will most likely b=: ' fi.•14- ;; ;, source of the interference. }RSA': • '� '• ' If you can determine that the electrical interference is not caused by any device in your home a neighbor's home served by the same transformer, contact the customer service department of ��"'. your local power company. Most power companies will investigate the problem and take steps to `o` • correct it. The manufacturer of your home electronics equipment is in the best position to offer ass1.a` in resolving your interference problems. The dealer who sold you the equipment should t._ ;:.,j to provide contact information for the manufacturer.cty •/tir••o` Mt'tr pi •• . To receive information on this and other FCC consumer topics through the Commission's electronic subscriber service, click on $ter. .. www.fcc.qovIcqb/emailservice.html. b. 02G110 a. • illm, r. .:.: +��,. Feieral Communications Commission .Consumer&Governmental A.:airs Bureau • 445 12th Si,SW • Washingtcn,DC 205c t .�� 1&38-CALL•FCC(1-888-225-5322) • M.1-883-TELL•FCC(1-E.58-835.5322) • www.fcc.gov/c h CITY OF WYLIE Item No. 10 City Secretary's Use Only COUNCIL AGENDA ITEM September 13, 2005 Engineering Council Meeting Of: Originating Department: Prepared By: Chris Hoisted Account Code No. #: Date Prepared: September 7, 2005 Budgeted Amount: N/A Exhibits: Warranty Deed AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a Warranty Deed for Park Land Dedication along Alanis Drive. RECOMMENDED ACTION: Approval SUMMARY: On March 22, Council approved the exchange of property on Alanis Drive for right of way, including the dedication of park land generally located east of the Glenn Knoll Mobile Home Park. Approximately 5.324 acres of land is being dedicated, which will be applied as a credit to future park land dedication requirements for other properties owned by the Grantor. The attached Warranty Deed formalizes the agreement previously approved by Council. APPROVED BY: Initial Date Department Director: CH \ 9/7/05 City Manager: 042e, \ ',44s 1 WARRANTY DEED PARK LAND DEDICATION ALANIS LANE THE STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS: CITY OF WYLIE § THAT,H.F.TIBBALS,BOBBIE NEAL ST.JOHN,KEVIN RAY ST.JOHN,MIKEL EDDY ST.JOHN and THE COLLINS FAMILY TRUST,created by Trust Agreement dated March 11, 1992, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00) to Grantor in hand paid by the City of Wylie, the receipt of which is hereby acknowledged, have this day Granted and Conveyed, and by these presents do Grant and Convey, unto the City of Wylie, a municipal corporation whose address is 2000 N. Hwy 78, Wylie, Texas 75098 situated in Collin County, Texas, the following described land, to-wit: All that certain tract, piece or parcel of land,lying and being situated in the County of Collin, State of Texas, described in EXHIBITS "A" and "B" and shown in EXHIBIT "C" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description of said property: This grant is subject to easements, covenants, conditions, reservations and restrictions of record. This grant is subject to the City of Wylie granting the Grantor $5,000 per acre credit toward park land dedication requirements on other properties owned by the Grantor or the Grantor's partners in the City of Wylie. TO HAVE AND TO HOLD said property, together with all and singular the rights and appurtenances hereto in anywise belonging,subject to the reservations and restrictions hereinabove set forth, unto the Grantee and its successors and assigns forever. Grantor hereby binds itself, its successors and assigns, to warrant and forever defend all and singular said property unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming the same or any part thereof. SIGNED AND EXECUTED this the 31st day of December , 2004. GRANTOR Grantors listed individually on the following pages By: H. F. TIBBALS GRANTOR ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § BEFORE ME, , a Notary Public, on this day personally appeared H. F.TIBBALS ,known to me,or proved to me on the oath of or through Texas Driver's License (provide description of identity card or other document) to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 31 day of December , 2004. Notary Public in and for the State of Texas (Printed Name) (Ink Stamp or Seal) My Commission Expires on the_day of By: BOBBIE NEAL ST.JOHN GRANTOR ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § BEFORE ME, , a Notary Public, on this day personally appeared BOBBIE NEAL ST.JOHN ,known to me,or proved to me on the oath of or through Texas Driver's License (provide description of identity card or other document) to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 31 day of December , 2004. Notary Public in and for the State of Texas (Printed Name) (Ink Stamp or Seal) My Commission Expires on the_day of , By: KEVIN RAY ST.JOHN GRANTOR ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § BEFORE ME, , a Notary Public, on this day personally appeared KEVIN RAY ST._JOHN , known to me, or proved to me on the oath of or through Texas Driver's License (provide description of identity card or other document) to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 31 day of December , 2004. Notary Public in and for the State of Texas (Printed Name) (Ink Stamp or Seal) My Commission Expires on the_day of By: MIKEL EDDY ST.JOHN GRANTOR ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § BEFORE ME, , a Notary Public, on this day personally appeared MIKEL EDDY ST.JOHN , known to me,or proved to me on the oath of or through Texas Driver's License (provide description of identity card or other document) to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31 day of December , 2004. Notary Public in and for the State of Texas (Printed Name) (Ink Stamp or Seal) My Commission Expires on the_day of By: Trustee of The Collins Family Trust GRANTOR ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § BEFORE ME, , a Notary Public, on this day personally appeared .Trustee of The Collins Family Trust ,known to me,or proved to me on the oath of or through Texas Driver's License (provide description of identity card or other document) to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 31 day of December , 2004. Notary Public in and for the State of Texas (Printed Name) (Ink Stamp or Seal) My Commission Expires on the_day of GRANTEE ACCEPTED AND APPROVED by the City of Wylie, Texas as Grantee, this day of A.D., 2005. BY: JOHN MONDY, Mayor ATTEST TO: City Secretary (City Seal) APPROVED AS TO FORM: City Attorney PROPERTY DESCRIPTION TRACT ONE Being a tract of land situated in the Richard D. Newman Survey. Abstract NO. 680, City of Wylie, Collin County, Texas and being part'of Glen Knoll Mobile Home Park. an Addition to the City of Wylie. according to the plat thereof recorded in Volume E. Page 6, Map Records, Collin County. Texas and being more particularly described as follows: Commencing at a 1/2" iron rod found in the approximate centerline of Muddy Creek on the westerly line of a 39.76 acre tract of land conveyed.to the City of Wylie by deed recorded in Volume 753, Page 444, Deed Records. Collin Count, Texas and for the northeast corner of said Glen Knoll Mobile Home Park, thence. North 89'02 51" West, along the north line of said Glen Knoll Mobile Home Park, a distance of 80.45 feet to a capped 5/8" iron rod found for the Point of Beginning: Thence, South 24'49'41" West. a distance of 104.81 feet to a capped 5%8 iron rod found for corner; Thence. South 28'04'31" West. a distance of 112.75 feet to a capped 5/8" iron rod found for corner: Thence, North 82'07'16" West. a distance of 139.51 feet to a capped 5/8" iron rod found for an easterly corner of a 31.259 acre tract of land conveyed to Gemini VL. LLC. Scorpio Seven-0, LLC, Genesis Real Estate Company. LLC, Wylie Ventures, LLC, David Zulejkic an Phillip S. Elbert by deed recorded in Volume 5718, Page 4540. Deed Records. Collin County, Texas: Thence, North 14'23'23" East, along an east line of said 31.259 acre tract, a distance of 184.42 feet to a capped 5/8" iron rod found on the north line of said Glen Knoll Mobile Home Park for the northeast corner of said 31.259 acre tract: Thence. South' 89'02.51" East. along the north line of said Glen Knoll Mobile Home Park, a distance of 189.47 feet to the Point of Beginning and containing 31.703 square feet or 0.728 acres of land. PROPERTY DESCRIPTION TRACT TWO Being a tract of land situated in the Richard D. Newman Survey, Abstract No. 660, City of Wylie, Collin County, Texas and being part of Glen Knoll Mobile Home Park, an Addition to the City of Wylie, according to the plat thereof recorded in Volume E, Page 6, Map Records, Collin County, Texas and being more particularly described as follows: • Beginning at a 1/2" iron rod found in the approximate centerline of Muddy Creek on the westerly line of a 39.76 acre tract of land conveyed to the City of Wylie by deed recorded in Volume 753, Page 444, Deed Records. Collin County, Texas and for the northeast corner of said Glen Knoll Mobile Home Park; Thence, southerly, along the east lines of said Glen Knoll Mobile Home Park, the west lines of said 39.76 acre tract and the approximate centerline of Muddy Creek the following: South 17'39'37" West, a distance of 125.35 feet to a 1/2" iron rod found for corner; South 30'29'30" West, a distance of 99.94 feet to a 1/2" iron rod found for corner; South 42'12'32" West. a distance of 155.33 feet to a 1/2" iron rod found for corner; South 37'08'37" West, a distance of 586.13 feet to a 1/2" iron rod found for corner; Thence, South 00'19'50" East, along an east line of said Glen Knoll Mobile Home Park and a west line of said 39.76 acre tract, a distance of 284.15 feet to a 60d nail found on the north line of a tract of land conveyed to Woodbridge Properties. LLC by deed recorded in Volume 3989, Page 665, Deed Records, Collin County. Texas for the southeast corner of said Glen Knoll Mobile Home Park and the southwest corner of said 39.76 acre tract; Thence, North 87'46'03" West, along the south line of said Glen Knoll Mobile Home Park and the north line of said Woodbridge tract, a distance of 213.29 feet to a 5/8" iron rod found for corner; Thence, North 88'51'47" West, along the south line of said Glen Knoll Mobile Home Park and the north line of said Woodbridge tract, a distance of 199.34 feet to a capped 5/8" iron rod found for the southeast corner of a 31.259 acre tract of land conveyed to Gemini VL, LLC, Scorpio Seven-O, LLC, Genesis Real Estate Company, LLC, Wylie Ventures, LLC, David Zulejkic an Phillip S. Elbert by deed recorded in Volume 5718. Page 4540, Deed Records, Collin County, Texas; Thence, northerly along the easterly lines of said 31.259 acre tract the following: North 40'40'00" East, a distance of 367.00 feet to a capped 5/8" iron rod found for corner; North 35'23'11" East, a distance of 107.57 feet to a capped 5/8" iron rod found for corner; North 26'50'00" East, a distance of 260.00 feet to a capped 5/8" iron rod found for corner; North 37'50'00" East, a distance of 364.00 feet to a capped 5/8" iron rod found for corner; Thence, South 82'07'16" East, a distance of 139.51 feet to a capped 5/8" iron rod found for corner; Thence, North 28'04'31" East, a distance of 112.75 feet to a capped 5/8" iron rod found for corner; Thence, North 24'49'41" East, a distance of 104.81 feet to a capped 5/8" iron rod found for corner on the north line of said Glen Knoll Mobile Home Park; Thence, South 89'02'51" East, along the north line of said Glen Knoll Mobile Home Park, a distance of 80.45 feet to the Point of Beginning and containing 231,917 square feet or 5.324 acres of land. r PU1 N COMP ;twr A{F.LCEN R �l' .rp tN rtANT OF t TRAM' II.Y T[RFSnf S. JR. ti}xI NIN(. f1 I Pf?FA' Err C'UI-i.r?S • 'FRACi' oNE tLEi.,. I� V0VOL1975, PC: r49 IRA( + r 3 8L1rvz'65" � 1�. ' - : L7 — -.. — SSa-4? ~as J,� 4 TRACT ONE ' • /r p 1 f 3S 703 SR. FT. . .. .. f 0 7R6 ACRES • r A- •,ir Lt ma it 1• :.Q� : IrMACL YON / 1.11 cis `v' . ' aJ 7r� LIG ' // _ Q eii ill TMe. spy L .... • a, by 3. .,l e ., t ' et,.}.h ':K1NI VI. Ile, SCONf'IO SRVFN-0, I.L.C. • t.+i �;, ,RNESIS REAL ESTATE COMPANY, LLC. « tt Y ;»�' ...1.ig VENTURE?. I.1.C, DAVID 2.1.)Lt.rKIC v ' • AND PRELIM.' S. ELBERT 1'% ' .- 31''SA ACRES �•�Q Q. CTT'Y OF WYLIE VOL. • 5718, PO 4549 // s • • 119.76 ACRES YUt,. 'MS, PG 444 a `e`. ' . . try, Q.`t 4.V ;.. �; / a • • ?.:. ; , 4,ti • • RI.? , .. gff $,, ' SA' • 9 // ' �h 4) i, / . /• :i .. PPS ,/i. . . . : P1lfL • U orb 199.34' 00 . - - � pall. • I. N 88'5i'47' W - - - .— -N B7'4B'03" 11 E13.8fS' — -•-- • WOODBRIDGE PROP EAVES. 1.L.0 - VOL. 3998. PG 665 • nt deed recorded La Volume 57t8, rage 4540, creed Recnrda. ' AFTER RECORDING RETURN TO: ROWAC,INc, 11615 FOREST CENTRAL DRIVE,SUITE 205 DALLAS,TEXAS 75243-3921 CITY OF WYLIE Item No. 11 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 13, 2005 Originating Department: Library Prepared By: Rachel Orozco Account Code No. #: Date Prepared: September 7, 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon acceptance of the resignation of Mary Vaughn and the appointment of a new member to the Library Advisory Board for the unexpired term of July 2004 to July 2006. RECOMMENDED ACTION: Appoint new member to the Library Advisory Board. SUMMARY: Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Board. The Board shall consist of seven(7) citizens who shall be qualified voters who shall serve for a term of two (2) years with three (3) members' terms expiring in even-numbered years and four(4) members' terms expiring in odd-numbered years. Members of the board shall elect a chairman, each July, from their membership and shall meet at the call of the chairman or at the request of the city council. The city manager shall appoint a staff representative to the board. Mary Vaughn has served faithfully as a Library Board member. However, she has recently submitted her resignation from her appointment to the Library Board due to increasing school commitments (see attached communication). We have informed Ms. Vaughn that the City Council will appoint a replacement to fill her unexpired term on the Library Board at the September 13, 2005 Council meeting. APPROVED BY: Initial Date Department Director: RO \ 9/7/05 City Manager: tYlEte 1 September 7, 2005 TO: Mayor Mondy and Members of the City Council FM: Rachel Orozco, Library Director THRU: Mark Roath, City Manager RE: Appointment of Replacement Member for Library Advisory Board Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Advisory Board. The Board shall consist of seven (7) citizens who shall be qualified voters who shall serve for a term of two (2) years with three (3) members' terms expiring in even- numbered years and four (4) members' terms expiring in odd-numbered years. Members of the board shall elect a chairman, each July, from their membership and shall meet at the call of the chairman or at the request of the city council. The city manager shall appoint a staff representative to the board. Mary Vaughn has served faithfully as a Library Board member. However, she has recently submitted her resignation from her appointment to the Library Board due to increasing school commitments (see attached communication). We have informed Ms. Vaughn that the City Council will appoint a replacement to fill her unexpired term on the Library Board at the September 13, 2005 Council meeting. Cc: Carole Ehrlich, City Secretary Library board Page 1 of 1 Mark Roath From: Vaughan, Mary [mvaughan@asurion.com] Sent: Thursday, August 25, 2005 1:40 PM To: Mark Roath; rorozco@ci.wylie.tx.us; Joe.Murphy@ps.net; mhjohnst@garlandisd.net; DaveJames@aol.com; skwilliams@verizon.net; Shirley426@aol.com; 'gracem1@airmail.net' Subject: Library board It is with a heavy heart that I give up my Library board seat. I have gone back to school nights and due to a cancelled class, I will have take a class that is scheduled on Monday nights starting August 29. Wylie is moving towards wonderful things and hopefully in the future, I will once again be able to be part of that movement. I still intend on being a very vocal library supporter as there is a huge need for more library services in this town. Thank you for giving me the opportunity to serve on a board that is so important and vital to our community. Mary Vaughan Administrative Assistant Dallas Asurion (972) 770-0440 • • 8/26/2005 Gayle Walton From: Carole Ehrlich [cehrlich@ci.wylie.tx.us1 nt: Monday, January 17, 2005 9:43 AM gwalton@ci.wylie.tx.us Subject: FW: Boards and Commissions Volunteer Gayle, Another app. For 2005 ce Original Message From: Craig Ferguson [mailto:Website] Sent: Sunday, January 16, 2005 2:54 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Craig Ferguson Date_of_application - 1/17/05 first board - Parks and Recreation Board second_board - Animal Shelter Advisory Board third board - Library Board subcommittees - Yes home address - 2708 Deerborn home_phone - 972-429-1358 home_fax - HomeEmail - craigferguson@joimail.net resident_years - 2 how_contact - Home Phone reg_voter - Yes bus owner - No bus_name - occupation - bus_addy - bus_phone - bus_fax - bus_email - why - Submit - Submit End of form information 1 rt car, (/1 Aimee Nemer )m: Katherine Bianchi[Website] nt: Thursday,March-25,2004'5:01 PM To: City of Wylie Subject: Boards and Commissions Volunteer Follow Up Flag: Follow up Due By: Monday, March 29, 2004 12:00 AM Flag Status: Completed Form Information Follows: name - Katherine Bianchi Date_of_application - March 25, Z004 first_board - Planning and Zoning Commission second_board - Library Board third_board - Wyle Economic Develoment Corp. Board subcommittees - Yes home_address - 3400 Hibiscus Drive home_phone - 972-386-5611 home_fax - 972-386-5620 HomeEmail - katherine@actionm.com resident_years - 2 how_contact - Business Phone reg_voter - Yes bus_owner - No bus_name - occupation - bus_addy - bus_phone - bus_fax - bus_email - acihy - I want to be involved in the growth of Wylie. My husband and I have made this town our last ,me. submit - Submit End of form information 37 /� Aimee Nemer m: junaid najamuddin[Website] bent: Friday, May 07, 2004 4:37 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: 00' t?' name -junaid najamuddin Date_of_application - May 7, 2004 (.1) j�e Z first_board - Wyle Economic De ment Corp. Board �� � �� second_board - Planning a oning Commissionb� At third_board - Constru.c . n Code poardW subcommittees - Yes home_address - 212 Palmdale Drive home_phone - 972-442-9733 home_fax - e"C ("� / HomeEmail -jnajamuddin@yahoo.com 4 resident_years - 1 n '�''' �' :, how_contact - Business Phone L" reg_voter - No bus_owner - No bus_name - occupation - Sr. System Analyst -k.us_addy - 2700 Summit Avenue is_phone - 214-207-8535 bus_fax - bus_email -jnajamuddin@yahoo.com why - First of all, I love Wylie City and have a great desire to serve my share of civic duties. I forsee Wylie emerging as an outstanding city in the days to come. Secondly, interested in representing my community. Being bilingual I will add value to any board or commission. Possess excellent analytical, project management, problem solving & communication skills with ability to work independently or in a team. Submit - Submit End of form information 25 JUNAID NAJAMUDDIN 212 Palmdale Drive jnajamuddin@yahoo.com Wylie, TX. 75098 — (214) 207-8535 (Dallas Metro) Overview Deliver value by implementing technology solutions to increase operational efficiency and productivity for businesses and clients. Demonstrated this theme through leadership roles in applications, networks, systems, and project management domains. Over six years experience of application administration and development of full-life cycle aspects of client/server technology. Called upon by companies and clients to resolve matters of technical complexity through initiative, creativity, and judgment. Handled development and integration of multi-vendor technologies. Engaged with multiple stakeholders to drive to a solution. Successfully launched 2-3 million initiatives in various environments. Career Summary Organization Role Dates XO Communications, Plano Sr. System Network Services Group Analyst 2001-Present Milestone Consultants Inc, Plano Project Manager 2000- 2001 Siebel Integration and Implementation Group IT Solutions Inc, Houston Programmer IT Operations Analyst 1998- 2000 Result Highliuhts -•- • Demonstrated self-motivated results driven leadership skills to visualize and conceptualize ideas into realistic environments with capacity to train, mentor, and motivate cross-functional teams. • Instrumental in exploring synergies while integrating legacy multi platform applications during merger of XO Communications and Allegiance Telecom adding value to business bottom line. • Implemented Citrix farm solution for TBS. Resulted in increased productivity, reliability, support effectiveness and IT operation cost reduction of$3 million. • Delivered on full development life cycle of web-based product validation system. Cut cost by 2 million and eliminated external supplier dependencies. • Streamlined application resource management and scheduling. Surpassed SLA's by 90%. • Pro-actively designed, developed and implemented monitoring tools under UNIX and Windows platforms. Surpassed SLA by 99%. • Configured and Deployed MetaSolv Silver Stream application servers in a Windows clustered environment for high availability, load balancing and fail-over support. • Led implementation of Siebel standard based integration and TBS (MetaSolv Telecom Business Solution Application) process flows resulting in increased productivity and reliability. • 24/7 application administration of high-availability business-critical systems support for TBS, INSite, GIS, SA, XTools, NETSite, Siebel. Resulted in high productivity with decreased down time. • Developed a multiple address user interface (MAUI) system and conducted a smooth switchover by effectively utilizing resource management and tools such as Microsoft Project and Visio. Education MBA (Candidate)-Operations and Information Management. • University of Texas, Dallas-2006 - BS Information Systems, Cum Laude. • Florida Metropolitan University, Orlando -1998 Experience & Results Sr. System Analyst—XO Communications Inc. - Plano(2001 —Present) Delivered project management, systems analysis, and quality management responsibilities in full- cycle stages of MetaSolv TBS/Siebel applications and other systems/network initiatives. Lead teams of 2-5 people. Projects involved 15-20 people with an annual budget of$4 million. • Led a team of 5 engineers for testing, analysis and control of major application administration projects. Handled significant level of complexity through creativity, independent judgment, and initiative. • Demonstrated superior written and presentation skills through analyzing and documenting systems integration interfaces utilizing essential business tools. • Manage close relationships with business units including sales, marketing, provisioning, data entry, customer care and other integrated systems for business application enhancements. • Led projects for driving end-user and operational efficiencies across the Care and Repair organizations through system and technology releases. • Conducted in-depth analysis of issues with recommendations and resolutions in the key areas of implementation and administration of TBS, GIS, Service Availability, INSite, and XTools that translated into increased productivity. • Designed, developed and implemented various pro-active cross-platform monitoring tools for TBS, Siebel, INSite and other applications. Improved profitability for the business. • Consultant to strategic partners on service issues. Resulted in improved functionality for business users including increased Remedy ticket issue resolutions. • Diagnose, troubleshoot and resolve cross-platform application issues, specializing in conflict diagnosis and application integration. • Managed deliverables from two vendors for system's operational maintenance. Organized to achieve milestones to ensure availability and performance of system applications to business. _. • Led a team of engineers for the input and design of effective testing strategies and plans including evaluation requirements for testability. Developed and maintained test plans for regression and integration testing while worked very closely with the developers on defect resolution. • Mentor team members in debugging, code and design reviews. • Led quality testing, deployment and validation of application upgrades and efixes for TBS, INSite including post deployment trouble shooting of critical application defects and performance degradation. • Streamlined process for critical issue resolution. Decreased application outages. Exceeded service level agreements by 90%. • Participated in requirements sessions. Reviewed design and functionality. Environment MetaSolv Solutions TBS 5.2.12, Siebel -7 enterprise e-business CRM , Windows Server 2000, 2003, Windows XP, Oracle 9i, Vitria, Remedy, Microsoft SQL server 6.5/7.0, UNIX, Sun Solaris 5.8. Saville. Project Manager--Milestone Consultants Inc. — Plano(2000—2001) Project management responsibilities in Siebel development, integration and implementation for clients. Lead teams of 11-15 people in enterprise wide program of 30-40 members with a program annual budget of$7 million. • Launched nationwide implementation of Siebel CRM. Extending application resources to 300 users at 10 sites, utilizing Sun and NT servers with multiple operating systems. • Led the conversion to upgraded version of Siebel Enterprise Application from 99.2 to 99.6. • Served as technical consultant to troubleshoot, configure and setup Siebel system for training. • Provided expert support in US market area related to Siebel fat and thin client. • Accomplished higher customer satisfaction metrics for customers including customer care and provisioning that resulted in 15% sales increase. Programmer Analyst- IT Solutions Inc. Houston (1998—2000) -- Established and met IT support objectives. Identified and ensured adequate and appropriate resources are assigned to the business to achieve company's goals while meeting customer's needs. • Supported operations of over 230 NT clients and Unison Davox, UNIX based predictive dialer system running on Sun Solaris platform. • Ensured availability, reliability and performance of server operations using Resource and Performance Manager. • Implemented complex business rules to update databases and generate reports. Developed, stored procedures, packages and program modules using SQL, Visual Basic 6.0, C, C++ and Access. • Assisted in database development and expansion as well as developed test data sets for testing and debugging. • Developed, configured, implemented, file structures, transfer methods and detailed operation of a predictive dialer, including design and architecture of the hardware. • Developed a universal database of ethnic and language affiliations with their corresponding geographical areas to internationalize the output. • Executed statistical procedures, complex data manipulations, detailed analysis, and processing, for generating yearly executive reports. Environment Unison Davox (predictive dialer), Sun Solaris Sparc Servers, Microsoft SQL Server 6.5/7.0,Visual Basic 6.0, Microsoft Access 2000, SPSS 8.0, and Windows NT4.0, SP 5. — Awards & Credentials • XO Outstanding Development and Support Award (2005). • XO Communication eXtreme Achiever Award (2003). • XO Star Performance Award (2002). • XO Teamwork Award (2002) • Certification in TBS MetaSolv Solution 5.2.12 • University President Honor Roll Awards for 1996, 1997 and 1998. • University Dean Honor Roll Awards for 1998. • Academic Achievement Awards for 1994 and 1995. •r Gayle Walton From: Harold G. Bolton [pkguy323@yahoo.com] Friday, May 20,2005 2:25 PM .3: City of Wylie Subject: Board Volunteer Form Information Follows: NAME-Harold G. Bolton DATE_OF APPLICATION - 5/20/2005 FIRST_CHOICE- Library Board SECOND_CHOICE-Planning and Zoning Commission THIRD CHOICE-Zoning Board of Adjustment SUBCOMMITTEE-No HOME_ADDRESS -2909 Jamestown Drive HOME PHONE -972.979.5102 HOME FAX-HOME EMAIL-pkguy323@yahoo.com RESIDENT_YEARS - 2 CONTACT METHOD - Home Email REGISTERED_VOTER-Yes BUSINESS OWNER-No BUSINESS NAME-OCCUPATION - BUSINESS_ADDRESS -BUSINESS_PHONE -BUSINESS_FAX-BUSINESS MAIL- WHY_INTERESTED - I want to become involved in the future-purpose plans of Wylie with my desire to be a representation of the residents of Wylie. Submit- Submit End of form information i Aimee Nemer Rodney M. McCoy[Website] Tuesday, May 18,2004 11:17 PM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Rodney M. McCoy Date_of_application - 05-18-04 first_board - Library Board second_board - Planning and Zoning Commission third_board - Wyle Economic Devgloment Corp. Board subcommittees - Yes home_address - 106 North Cottonbelt home_phone - 972-442-1802 home_fax - 972-442-1802 HomeEmail - colteer@comcast.net resident_years - 19 how_contact - Home Fax reg_voter - Yes bus_owner - No bus_name - occupation - Semi driver bus_addy - Box 948, Cibolo, Texas 78108 bus_phone - 972-670-3630 bus_fax - bus_email - why - To help guide Wylie thru the next few years of its growth. Submit - Submit End of form information io I 7 I Gayle Walton From: Kelli Bolton [kmb71268@yahoo.com] Thursday, June 02, 2005 3:54 PM J: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Kelli Bolton DATE_OF_APPLICATION - 06/02/2005 FIRST_CHOICE - Library Board SECOND_CHOICE - Planning and Zoning Commission THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME ADDRESS - 2909 jamestown dr HOME_PHONE - 972-461-2936 HOME_FAX - 972-387-2822 HOME_EMAIL-- kmb71268@yahoo.com RESIDENT_YEARS - 2 CONTACT METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - associate financial representative BUSINESS_ADDRESS - 12221 Merit Suite 1500, dallas, TX BUSINESS PHONE - 972-663-7320 BUSINESS FAX - BUSINESS EMAIL - WHY INTERESTED - I could not serve last year due to scheduling but do not have that problem this year and would like to serve my community and the city that we are loving calling "home" and keeping it the type of community that we and others would want to continue to call home and that quality businesses will want to be established in. Submit - Submit End of form information 1