05-24-2005 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
May 24, 2005
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
CALL`:.T` ORDER
ci INNS PAI TICIPATION
fill matter lid under � aps nt.Agenda are::consideered.to be rc utine by the Ci ` ncil and.will enacted by cane;
motion Thcre will not,be'separat discu on pf these items. zf discussion is desires[ that'item:` ll be removed front the
Consent Agenda and u11 be considered sepaiately
A. Approval of the Minutes from the regular City Council Meeting of May 10, 2005 and Special Called
Meeting of May 17, 2005. (C. Ehrlich, City Secretary)
B. Consider and act upon approval of a contract with the U.S. Army Corps of Engineers for additional
patrol at Lake Lavon Parks within the City of Wylie. (J. Butters,Police Chief)
C. Consider and act upon approval of an agreement between Collin County Community College
District and the City of Wylie to hold training sessions for City employees on June 3, 2005 and
November 18, 2005. (M.Manson,Asst City Manager)
;INDI�?!II3IJAI. CONSID) l�A'�t�N
PUBLIC HEARING
Tabled Item from 4-26-05
Motion to remove from table and:
1. Continue a public hearing from April 26, 2005 and May 10, 2005 to receive citizen comments and
consider and act upon certain revisions to the Comprehensive Plan. (C. Thompson, Planning and
Zoning Director)
Executive Summary
The public hearing was convened as published on April 26,2005 and May 10,2005,but the Council tabled discussion until
the May 10th meeting and any decision until May 24, 2005, so that additional research and recommendations could be
provided concerning the sufficiency of retail and commercial uses and the proportion of residential densities(lot sizes)and
to allow for additional citizen comments.
At a work session held May 3, the Planning and Zoning Commission discussed further the proposed retail locations and
residential lot sizes.
2. Consider and act upon a Retail Water Service Area Agreement between the Wylie Northeast Water
Supply Corporation and the City of Wylie. (M.Roath, City Manager)
Executive Summary
On August 25, 2004, the City received a Notice of District Petition advising the City that Wylie Northeast Water Supply
Corporation had filed a petition with the Texas Commission on Environmental Quality (TCEQ) to convert to Wylie
Northeast Special Utility District. On October 1, 2004,the City, through its utility counsel,Mr. Kerry E. Russell,filed a
request for public hearing on the application before the TCEQ. Since October 2004, the City has met with representatives
from the Wylie Northeast Water Supply Corporation to craft an agreement that would resolve this issue as well as forge a
long term relationship between both parties.
READING €1F ORDINANCES TITLE & CAPTION A.PPR.O D BY oinste A ::REQUIRED 8Y
YLIE CITY CHARTER,ARTICLE III SECTIOO1 1 1).
ADJOURrimEs
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. pis U, hill }iings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Execs ve(::.siccill/91D69,exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive:2a54Qi �h11.13e rtk tAvcorded in open session.
I certify that this Notice of Meeting was posted in thin 20ty oI Ma¢2005 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Ted GovernmenttCodq and.that tl ppJ'oprigte news media contacted. As a courtesy, this agenda is
also pos14to the City o Wylie Website at3vww:ci.wyaie.tx s
CardleEhhrlich Ci Secre --'i r•• •••� ‘‘ Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170.
MINUTES
Wylie City Council
Tuesday, May 10, 2005—6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TO ORDER
Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern
Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, and Councilman Merrill Young.
Councilwoman Reta Allen and Councilman J. C. Worley were absent.
Staff present were: City Manager,Mark B. Roath;Assistant City Manager,Mindy Manson; City Engineer,Chris
Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Police
Chief, Jeff Butters; Building Director, Johnny Bray; Park Superintendent Bill Nelson; Public Information
Officer,Mark Witter,and City Secretary, Carole Ehrlich.
INVOCATION&PLEDGE OF ALLEGIANCE
Pastor Keith Sprugin of the New Hope Christian Church gave the invocation and Councilman Trout led the
Pledge of Allegiance.
CITIZENS PARTICIPATION
Several citizens were present to address Council regarding Item #2 (Zoning Case #2005-03). Several citizens
were opposed to the zoning case. Some of the issues addressed were: traffic on Claybrook(and traffic study),
the construction of a bridge to alleviate some of the traffic in the development, and safety for children with
additional homes constructed and the traffic increase. Several citizens spoke in favor of the zoning case stating
that it would improve the value of their homes and Ashton Wood was an excellent builder.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one
motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the
Consent Agenda and will be considered separately.
A. Approval of the Minutes from the regular City Council Meeting of April 26, 2005. (C. Ehrlich,
City Secretary)
B. Consider and act upon a Final Plat for the Watermark Addition. (C. Thompson, Planning and
Zoning Director)
C. Consideration and act upon approval of a request from Steven Salinas to use the Bart Peddicord
Community Center for a `Battle of the Bands 2" concert on May 13, 2005. (R. Diaz, Asst
Superintendent,Parks)
D. Consider and act upon a Federal Equitable Sharing Agreement between the City of Wylie and the
U. S.Department of Justice. (J. Butters,Police Chief)
Minutes—May 10,2005
Wylie City Council
Page 1
E. Consider and act upon an award of bid, in the amount of$31,774.00, to Hunter-Knepshield of
Texas for the installation of picnic pavilions in Riverway Park(formerly Sage Creek North Park)
and Eureka Park (formerly Cimarron Estates Park). (J. Holcomb, Purchasing/R. Diaz, Asst.
Superintendent,Parks)
F. Consider and act upon an award of bid,in the amount of$50,585.00,to Holley&Holley Concrete
Co., Inc. for the construction of a parking lot at Oak and Jackson Street and miscellaneous
concrete work at Eureka Park (formerly Cimarron Estates Park). (J. Holcomb, Purchasing/R.
Diaz,Asst. Superintendent,Parks)
Council Action
A motion was made by Councilman Young, seconded by Councilman Trout to approve the Consent Agenda as
presented. A vote was taken and passed 5-0 with Councilwoman Allen and Councilman Worley absent.
INDIVIDUAL CONSIDERATION
PUBLIC HEARINGS
1. Continue a Public Hearing from April 26,2005 to receive citizen comments on recommendations
of the Planning and Zoning Commission concerning certain proposed revisions to the
Comprehensive Plan. (C. Thompson, Planning and Zoning Director)
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the public hearing was convened, as published, on
April 26, 2005 but Council continued the public hearing until the May 10, 2005 meeting so that additional research and
recommendation could be provided concerning the sufficiency of retail and commercial uses and the proportion of
residential densities(lot sizes). The Planning and Zoning Commission held an additional work session on May 3 to consider
these issues and staff has conducted additional research,and new information will be provided at the May 24,2005 Council
meeting.Mr.Thompson also stated that the Council had table any decision on the proposed revisions until the May 24,2005
Council meeting. Planning and Zoning Commission recommends approval.
Continued Public Hearing from 4-26-05
Mayor Mondy continued the Public Hearing at 6:59 p.m.
James Griffin residing at 301 W. Kirby Street,Apt.#222, Wylie,Texas addressed Council stating that he was in
favor of the revisions to the Comprehensive Plan as presented.
With no one else present to address Council, the Mayor continued the public hearing to the May 24, 2005
Council meeting.
Tabled Item from 4-26-05
Consensus of Council was to remove Item#2 from the table.
2. Consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD)
District for single-family residential uses. (Zoning Case 2005-03) Tabled from the April 26, 2005
meeting to allow additional research on traffic volumes. (C. Thompson, Planning and Zoning Director)
Minutes—May 10,2005
Wylie City Council
Page 2
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the public hearing was convened as published on
April 26, 2005, but Council tabled discussion and decision on the request until the May 10 meeting in order to allow time
for an expanded traffic study to be completed.The PD proposes to extend Mainstream Drive to link with Riverway Lane for
additional traffic access/egress (bridge). Mr. Thompson explained that consultants have performed an expanded traffic
analysis, which is being presented tonight. This study concludes that the proposed connection is justified and will reduce
traffic on Claybrook to levels below those currently existing regardless of the number of lots (proposed 8,500 sq. ft. or
10,000 sq. ft.)allowed in Phase 9. The closure of Claybrook to the east, disconnecting it directly from Phase 9, would not
reduce the traffic volumes. Mr. Thompson stated that Police, Fire and Engineering felt the proposal for two access streets
was acceptable. Mr. Thompson reiterated that the currently-adopted Comprehensive Plan recommends lots of 1 acre or
larger,and revisions to the Comp Plan currently being considered recommend medium-density residential(10,000 to 20,000
square feet lots). The requested smaller lot size of the PD (8,400 sq. ft.) does not conform to either of these
recommendations.Planning and Zoning Commission recommends approval with the extension of the street.
Council Discussion
Mayor Mondy asked if the bridge could be placed in another area and if staff and the developer had looked at that
alternative. Mr. Hecker representing Ashton Wood stated that they had not looked at areas outside of the PD. Councilman
Young stated that he would like to see minimum lot sizes of 20,000 sq.ft.with no bridge.He stated that if the developer was
not willing to provide that,his direction would be to deny. He also commented that he would like to see a decision made by
Council tonight. Mayor Pro Tem Hogue asked if changing Claybrook to a cul-de-sac would be an option. City Engineer
Hoisted stated that they did and it would not be beneficial to traffic in that area. Councilman Newsom asked if a bridge to
the north would be more difficult to build with a larger radius. Mr.Hoisted stated that was correct. Mayor Mondy asked if
requiring this PD to comply with the proposed and current comprehensive plan and require 20,000 sq. ft.minimum lots was
appropriate. Perhaps then the developer could look at other alternatives to ease traffic in the area.
Council Action
A motion was made by Councilman Young, seconded by Councilman Trout to deny Zoning Case #2005-03. A
vote was taken and passed 4-1 with Mayor Mondy, Mayor Pro Tem Hogue, Councilman Trout and Councilman
Young voting for and Councilman Newsom voting against, with Councilwoman Allen and Councilman Worley
absent.
3. Consider and act upon a request from D. IL Horton Homes to install a kiosk sign for off premise
advertisement located at the corner of Highway 78 & Kreymer. (J. Bray, Building Department
Director)
Staff Comments
Building Department Director Bray addressed Council stating that D. R. Horton Homes had requested the City Council's
approval of an off premise temporary directional kiosk sign for the purpose of advertising the Avalon subdivision. Section
11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. He explained
that the design of the sign included the Wylie logo. The location is required to be on the corner of a street according to the
sign ordinance. The requested location was near a corner but was some distance from the actual corner. All other
requirements had been met.
Council Action
A motion was made by Councilman Trout, seconded by Councilman Young to deny the request from D. R.
Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 &
Kreymer. A vote was taken and passed 3-2 with Mayor Pro Tern Hogue, Councilman Trout and Councilman
Young voting for and Mayor Mondy and Councilman Newsom voting against, with Councilwoman Allen and
Councilman Worley absent.
Minutes—May 10,2005
Wylie City Council
Page 3
4. Consider and act upon approval of a Police Recruit Employment Agreement. (J. Butters, Police
Chie,f)
Staff Comments
Police Chief Butters addressed Council stating that the proposed agreement would be entered into between the City and new
Police employees who are not Certified Peace Officers.Uncertified individuals hired for the position of Police Officer must
be sent to a sixteen-week Police Academy. The proposed agreement requires the employee to reimburse the City of Wylie
for the cost of his/her training if the employee separates from the City of Wylie prior to their two-year anniversary. This
agreement is designed to protect the City from being used as a training ground for Officers who desire to work in a larger
City,but need some experience to do so.
Council Discussion
Councilman Newsom asked Chief if there might be other schools that this agreement could be extended to in the future.
Chief Butters stated, as the department grows, there will be other schools that an agreement like this would benefit.
Councilman Young asked how the repayment would work if the employee left prior to the two years. Chief Butters replied
that it would be taken out of the employee's final check.
Council Action
A motion was made by Councilman Newsom, seconded by Mayor Pro Tem Hogue to approve a Police
Employment Agreement for the City of Wylie. A vote was taken and passed 5-0 with Councilwoman Allen and
Councilman Worley absent.
READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY
WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D.
There were no ordinances passed to read into the official record.
Mayor Mondy recessed into Executive Session at 7:42 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001,et.seq,Texas Government Code,to wit:
Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located
north of FM 544,west of SH 78 and south of Parker Road, because such deliberation in an open meeting
would have a detrimental effect on the negotiating position of the City.
Section 551.087. To deliberate regarding economic development negotiations. To deliberate commercial
information that the city has received from a business prospect that the city seeks to have locate, stay or
expand in an area generally located north of FM 544,west of SH 78 and south of Parker Road and with
which the city is conducting economic development negotiations.
Mayor Mondy reconvened into Open Session at 8:38 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result of Executive Session
There was no action taken as a result of Executive Session.
Minutes—May 10,2005
Wylie City Council
Page 4
ADJOURNMENT
With no other business before Council, a motion was made by Mayor Pro Tem Hogue, seconded by Councilman
Newsom to adjourn the meeting at 8:40 p.m. Consensus of Council was to adjourn.
John Mondy,Mayor
ATTEST:
Carole Ehrlich,City Secretary
Minutes—May 10,2005
Wylie City Council
Page 5
MINUTES
Wylie City Council
Canvass of Election Returns
Tuesday, May 17, 2005
5:30 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TO ORDE
Mayor Pro Tem Eric Hogue called the meeting to order at 5:30 p.m. Council Members present were:
Councilman Earl Newsom, Councilman Merrill Young, and Councilwoman Reta Allen. Mayor Mondy and
Councilmembers J. C. Worley, and Chris Trout were absent.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris
Hoisted; Police Chief, Jeff Butters; Finance Director Larry Williamson; Interim Finance Director, Ron
Hutchison; Interim Library Director, Donna Shirley; Public Works Superintendent, Jack Jones; Public
Information Officer, Mark Witter: City Secretary, Carole Ehrlich and numerous city employees.
Councilman Newsom gave the invocation and Councilman Young led the Pledge of Allegiance.
REC>g OFI ICIAL.:CANV S.OF.ELECT O RETURN >FOR.Tl[ GENERAL L.EC 'l ON OF
.....................................................................................................................................................................................................................................................................
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MAC 7,:
• Consider and act upon the approval of Resolution No. 2005-19 declaring the results of the Official
Canvass of the General Election of May 7, 2005.
Council Action
A motion was made by Councilman Young, seconded by Councilwoman Allen to approve Resolution No. 2005-
19(R) declaring the results of the Official Canvass of the General Election of May 7, 2005. A vote was taken
and passed 4-0 with Mayor Mondy, Councilman Worley, and Councilman Trout were absent.
ISStIANC.E GF CER.I.riCATES TG:ELECTED COUNCIL ME Ei ....
• Presented by Mayor Pro Tern Eric Hogue
Mayor Pro Tern Hogue presented Certificates of Election to Rick White and Carter Porter and congratulated the
newly elected Councilmembers.
Minutes—May 17,2005
Wylie City Council
Page 1
ADMINISTRATIONOF'OATH OF OFFI , FOR EL CTED-.COMM MEMBERS
• Administered by: Judge Sydney Robison
Judge Sydney Robison administered the Oath of Office to newly elected Councilmembers Rick White and Carter
Porter.
Newly elected Councilmembers took their seats on the Council.
11LEC lON OF 1 YORk.1RRO ThM
• Consider and act upon the appointment of the Mayor Pro Tem for a one year term beginning
May, 2005 and ending May, 2006.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman White to appoint Eric Hogue as Mayor
Pro Tem beginning May, 2005 and ending May 2006. A vote was taken and passed 6-0 with Mayor Mondy
absent.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman Porter to adjourn the meeting at 5:50
p.m. A vote was taken and passed 6-0 with Mayor Mondy absent.
• Mayor Pro Tern Hogue announced there would be a reception immediately following the meeting honoring the
newly elected Councilmembers in the breezeway outside the Council Chambers.
John Mondy,Mayor
ATTEST:
Carole Ehrlich,City Secretary
Minutes—May 17,2005
Wylie City Council
Page 2
CITY OF WYLIE Item No.
City Secretary's Use Only
COUNCIL AGENDA ITEM
Police Department
Council Meeting Of: May 24, 2005 Originating Department:
Prepared By: Jeff Butters
Account Code No.#: Date Prepared: 5/10/05
Budgeted Amount: 0 Exhibits: Contract
AGENDA SUBJECT:Consider, and act upon, approval of a contract with the U.S. Army Corps of Engineers,
for a sum not to exceed $50,268.00, for additional patrol at the Lake Lavon Parks that are within the City of
Wylie.
RECOMMENDED ACTION:Approval
SUMMARY: Each year the U.S. Army Corps of Engineers contracts with the Wylie Police Department for
additional patrol at the Lake Lavon Parks that are within the City of Wylie:
• East Fork Park
• Avalon Park
• Lavonia Park
• Mallard Park
• Little Ridge Park
• Pebble Beach Park
• Motocross Area
• Office and spillway area
This years contract requests 948 hours of patrol. The Corps of Engineers will reimburse the City of Wylie at
a rate of$53.03 per hour of patrol.
The Lake Patrol contract is a benefit to Wylie as we are able to have additional officers on duty and provide
additional patrols at parks within the City, at no cost to the City.
APPROVED BY: Initial Date
Department Director: JB \ 5/10/05
City Manager: ,24'IC \ J'/r8As
.nw oHa.. DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
LAVON LAKE PROJECT OFFICE
3375 SKYVIEW DR.
WYLIE, TEXAS 75098—5775
April 25, 2005
Chief Jeff Butters
Wylie Police Depailiiient
2000 N. Highway 78
Wylie, Texas 75098-6043
Chief Butters,
The enclosed Cooperative Agreement for additional law enforcement services, City of Wylie,
Lavon Lake, Texas initiates agreement no. COOPLAW-05-WYLIE between the City of Wylie
and the U.S. Army Corps of Engineers. This agreement is for the provision of additional law
enforcement services from May 22, 2005 through September 5, 2005 for a sum not to exceed
$50,268.00.
If the agreement is satisfactory,please have both enclosed copies signed by the appropriate City
of Wylie representative. Please keep one copy for your records and return the second copy to the
Lavon Lake Office.
If you have any questions, feel free to contact James Murphy or myself at 972/442-3141. Thank
you for your cooperation.
erely,
164
ee Hunt
Lavon Lake Manager
Enclosures
CF:
CESWF-OD-R
CESWF-RM
COOPERATIVE AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
City Of Wylie , TEXAS
FOR
THE PROVISION OF ADDITIONAL LAW ENFORCEMENT SERVICES
Agreement No. COOPLAW-05-WYLIE
This agreement, entered into by the U.S. Army Corps of Engineers, Fort Worth District
(hereinafter referred to as the Corps) and City Of Wylie, Texas (hereinafter referred to as the
Cooperator), witnesseth that:
WHEREAS, the construction of Lavon Lake (hereinafter called the "Project")was authorized by
the Rivers and Harbors Act, Public Law 14, 71th Congress, approved 2 March 1945, and the
provision of recreation resources in Lavon Project was authorized by Section 4 of the 1944 Flood
Control Act, as amended(16 U.S.C. 460d); and
WHEREAS, it is the responsibility of the Corps, in administering the Project lands, to provide
the public with safe and healthful recreational opportunities; and
WHEREAS, the Cooperator has the authority to enforce the state and local laws for City of
Wylie, Texas on such lands, and WHEREAS, Section 120 of the Water Resources Development
Act of 1976 (Public Law 94-587) authorizes the Corps to contract with states and their political
subdivisions for the purpose of obtaining increased law enforcement services on project lands to
meet needs during peak visitation periods; and
WHEREAS, it is in the best interests of the Corps to obtain the assistance of the Cooperator in
the enforcement of state and local laws on project lands.
NOW, THEREFORE, the parties hereto mutually agree as follows:
Article 1. Plan of Operation.
(a) The Corps and the Cooperator have agreed to a Plan of Operation which describes the scope
and extent of law enforcement services to be provided by the Cooperator in accordance with this
agreement. Such Plan of Operation, as concurred in by the Cooperator, is attached hereto as
Appendix A and made a part hereof
(b) It is recognized and understood that the Corps and the Cooperator may, at the request of
either, renegotiate the Plan of Operation. The renegotiated Plan of Operation shall, upon written
acceptance thereof by both parties, supersede Appendix A.
Article 2. Obligations of the Cooperator.
(a) The Cooperator agrees to furnish additional law enforcement services as follows:
(1) Normal, emergency, or unanticipated enforcement of civil and criminal laws of the state
and local jurisdiction on Project lands and waters without claim for reimbursement under this
agreement. This agreement does not diminish or otherwise limit the existing law enforcement
responsibilities of state or local law enforcement agencies.
(2) The enforcement of the civil and criminal laws of the state and applicable local laws on
project lands in accordance with the schedules and duties described in the Plan of Operation,
with payment by the Corps in accordance with Article 3 of this agreement.
(b) The Cooperator agrees to provide personnel, equipment, and supplies which are required in
order to provide the law enforcement services requested by the Corps in accordance with
subparagraph(a) above.
(c) The Cooperator agrees to prepare a Daily Enforcement Log of a format provided or approved
by the Corps and to submit this log to the Corps at least once a month throughout the effective
period of the current Plan of Operation.
(d) The Cooperator agrees to assign only those personnel who are qualified and trained pursuant
to the requirements of state and local laws and regulations to undertake the law enforcement
services to be provided under Article 2(a)(2). Where state and local standards for the
qualifications of law enforcement personnel do not exist, the Cooperator will advise the Corps of
the experience, qualifications and training of those personnel expected to be assigned law
enforcement duties under this agreement and assign such duties to them only with the approval of
the Corps.
Article 3. Obligation of the Government. Subject to the availability of funds, the Corps agrees
to pay the Cooperator for the total cost of the law enforcement services to be provided in
accordance with the obligations agreed to be undertaken by the Cooperator in Article 2(a)(2),
including the costs of operation and maintenance of such equipment as is required for the
provision of such services identified in the Plan of Operation under Article 1. At the request of
the Cooperator,partial payments may be made as the law enforcement services are performed
based on billings as identified in the Plan of Operation under Article 1 and approved by the
Corps.
Article 4. Period of Services. The period of this agreement shall be from the date of execution
until terminated by mutual agreement, or on written notice from either party to the other, as set
forth in Articles 6 and 10.
Article 5. Disputes. (Dec. 2002)FAR 52.233-0001.
(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613).
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be
resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under or relating to this
contract. A claim arising under a contract, unlike relating to that contract, is a claim that can be
resolved under a contract clause that provides for the relief sought by the claimant. However, a
written demand or written assertion by the contractor seeking the payment of money exceeding
$50,000 is not a claim under the Act until certified as required by subparagraph(d)(2)below. A
Voucher, invoice, or other routine request for payment that is not in dispute when submitted is
not a claim under the Act. The submission may be converted to a claim under the Act, by
complying with the submission and certification requirements of this clause, if it is disputed
either as to liability or amount or is not acted upon in a reasonable time.
(d)(1) A claim by the contractor shall be made in writing and submitted to the Contracting
Officer for a written decision. A claim by the Government against the Contractor shall be subject
to a written decision by the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a
certification that-
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and
belief; and
(iii) The amount requested accurately reflects the contract adjustment for which the
contractor believes the Government is liable.
(3) (i) If the Contractor is an individual, the certification shall be executed by that individual.
(ii) If the Contractor is not an individual, the certification shall be executed by-
(A) A senior company official in charge at the contractor's plant or location involved; or
(B) An officer or general partner of the Contractor having overall responsibility for the
conduct of the Contractor's affairs.
(e) For Contractor claims of$50,000 or less, the Contracting Officer must, if requested in
writing by the Contractor, render a decision within 60 days of the request. For
Contractor-certified claims over$50,000, the Contracting Officer must, within 60 days, decide
the claim or notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit
as provided in the Act.
(g) At the time a claim by the Contractor is submitted to the Contracting Officer or a claim by
the Government is presented to the Contractor, the parties,by mutual consent, may agree to use
alternative means of dispute resolution. When using alternated dispute resolution procedures,
any claim, regardless of amount, shall be accompanied by the certification described in paragraph
(d)(2) of this clause, and executed in accordance with paragraph(d)(3) of this clause.
(h) The Government shall pay interest on the amount found due and unpaid from(1) the date the
contracting Officer receives the claim(properly certified if required), of(2) the date payment
otherwise would be due, if that date is later, until the date of payment. Simple interest on claims
shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act,which is
applicable to the period during which the Contracting Officer receives the claim and then at the
rate applicable for each 6-moth period as fixed by the Treasury Secretary during the pendency of
the claim.
(i) The Contractor shall proceed diligently with performance of this contract,pending final
resolution of any request for relief, claim, appeal, or action arising under the contract, and
comply with any decision of the Contracting Officer.
Article 6. Default. In the event that either party to this agreement fails to meet any of its
obligations hereunder, the other party may immediately terminate the whole or any part of this
agreement. Such termination shall be effected by written notice of either party to the other.
Article 7. Exclusion of Federal Employee Benefits. It is understood and agreed that the services
to be provided by the Cooperator and its employees shall not be considered to fall within the
scope of Federal employment, that the Cooperator and its employees shall not be considered as
agents or employees of the Federal government, and that none of the benefits of Federal
employment will be conferred under the terms of this agreement.
Article 8. Release of Claims. The Cooperator agrees to hold and save the Corps, its officers,
agents or employees,harmless from liability of any nature or kind, for or on account of any
claims for damages that may arise during the performance of the law enforcement services by the
Cooperator under this agreement.
Article 9. Transfer or Assignment. The Cooperator shall not transfer or assign this agreement,
nor any rights acquired thereunder, nor grant any interest,privilege, or license whatsoever in
connection with this agreement without the approval of the Corps.
Article 10. Termination for Convenience. (APR 1984) FAR 52.249-0004
The Corps or Cooperator may, on 30 days written notice, terminate this agreement, in whole or in
part, when it is in the best interests of either party. If this agreement is so terminated, the Corps
shall be liable only for payment in accordance with the payment provisions of this agreement for
services rendered prior to the effective date of termination.
Article 11. Equal Opportunity. (April 2002) FAR 52.222-0026.
(a) If, during any 12-month period (including the 12 months preceding the award of this
contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts
that have an aggregate value in excess of$10,000, the Contractor shall comply with
subparagraphs (b)(1)through(11)below. Upon request, the Contractor shall provide
information necessary to determine the applicability of this clause.
(b) During performing this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color,religion, sex,
or national origin. This shall include, but not be limited to (i) employment, (ii)upgrading, (iii)
demotion, (iv) transfer, (v)recruitment or recruitment advertising, (vi) layoff or termination,
(vii)rates of pay or other forms of compensation, and(viii) selection for training, including
apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for
employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color,religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, the notice to be
provided by the Contracting Officer advising the labor union or workers'representative of the
Contractor's commitments under this clause, and post copies of the notice in conspicuous places
available to employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules,
regulations, and order of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by
Executive Order 11246, as amended, and by the rules, regulations , and orders of the Secretary of
Labor. Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed
within 30 days following the award, unless filed within 12 months preceding the date of award.
(8) The Contractor shall permit access to its books, records, and accounts by the contracting
agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of
investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and
orders.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any
rule, regulation, or order of the Secretary of Labor, this contract may be canceled,terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts, under the procedures authorized in Executive Order 11246, as amended.
In addition, sanctions may be imposed and remedies invoked against the Contractor as provided
in Executive Order 11246, as amended, the rules,regulations, and orders of the Secretary of
Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of subparagraph (b)(1)through
(11) of this clause in every subcontract or purchase order that is not excepted by the rules,
regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended,
so that these terms and conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as
the contracting agency may direct as a means of enforcing these terms and condition, including
sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of any direction, the
Contractor may request the United States to enter into the litigation to protect the interests of the
United States. (c) Notwithstanding any other clause in this contract, disputes relative to this
clause will be governed by the procedures in 41 CFR 60-1.1.
Article 12. Gratuities. (April 1984) FAR 52.203-0003.
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and
hearing,the agency head or a designee determines that the Contractor, its agent, or another
representative-
(1) Offered or gave a gratuity(e.g., an entertainment or gift) to an officer, official, or
employee of the Government; and
(2) Intended,by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful
jurisdiction.
(c) If this contract is terminated under paragraph(a) above, the Government is entitled-
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3
nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person
concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is
applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
Article 13. Examination of Records by Comptroller General. The Cooperator agrees that the Comptroller
General of the United States or any of his duly authorized representatives shall, until the expiration of
three years after final payment under this agreement or such less time specified in Appendix M of the
Defense Acquisition Regulation have access to and the right to examine any directly pertinent books,
documents,papers, and records of the Cooperator involving transactions related to this agreement.
Article 14. Audit by Department of Defense. Upon request, the Cooperator shall provide, and the Corps
shall have the right to examine,books, records, documents, and other evidence of accounting procedures
and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have
been incurred and anticipated to be incurred for the performance of this agreement.
Article 15. Any changes in the provisions of this agreement which are necessary and proper will be made
by formal amendment signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first
written above.
U.S. ARMY CORPS OF ENGINEERS THE CITY OF WYLIE, Texas
FORT WORTH DISTRICT
BY: BY:
John Mondy, Mayor
Chief, Operations Division City of Wylie
DATE: DATE:
CITY OF WYLIE Item No.
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: May 24, 2005 Originating Department: Human Resources
Prepared By: Mindy Manson
Account Code No.#: Date Prepared: 5/13/05
Budgeted Amount: See below Exhibits: Proposed Contract
AGENDA SUBJECT:Consider, and act upon, approval of an agreement in the amount of$800.00 between
Collin County Community College District and the City of Wylie to hold a training session for City
employees on June 3, 2005 and November 18, 1005.
RECOMMENDED ACTION:Approval
SUMMARY: The City of Wylie (Human Resource Department) has requested the Collin County Community
College present two programs entitled, "Managing Change" and "Motivating Employees" for presentation to
City staff and supervisors. The contract will be for one session to be conducted on June 3, 2005 and
November 18, 2005, at a cost of$800.00. Funds will be allocated from departments attending through their
Professional Training budget items.
APPROVED BY: Initial Date
Department Director: MM \ 5/13/057Uie
City Manager: , \
Business So l t i ons G roup
Business Solutions Group
Collin County Community College District
Courtyard Center
4800 Preston Park Boulevard, Box 9
Plano, TX 75093
CONTRACT TRAINING AGREEMENT
This Agreement is entered into by and between the Collin County Community College District(District), City of
Murphy(Agency),and City of Wylie(Agency),to conduct training and provide services as described in this Agreement.
I.DISTRICT AGREES TO PROVIDE:
1. Qualified trainers to be supervised and paid by the District.
2. Appropriate curriculum or statement of work as mutually agreed upon by the District and Agency.
3. A course delivery schedule as mutually agreed upon and documented by the District and Agency,which is
responsive to Agency employees,District trainers,and facility availability.
4. Trainers and course evaluation.
5. Necessary trainee materials,assessment tools,books,handouts,and equipment as needed to conduct
training.
II.AGENCY AGREES TO:
1. Reimburse the District for assessment,training,services,and materials as identified in Attachment"A"
which is part of this Agreement.
2. Pay District upon receipt of invoice for all services rendered.
III. HOLD HARMLESS AGREEMENT
1. Agency hereby agrees to hold District,its Governing Board and/or any officer,agent or employee thereof
free and harmless and defend same from all suits or actions at law arising from use of Agency facilities or
actions or negligence of Agency.This includes loss,damage,liability,cost or expense or injury to persons,
life or property that may arise during or be caused by use or occupancy of facilities or premises by
District or actions or negligence of Agency.
2. The District agrees to hold Agency,its agents,officers and employees harmless from any and all damages
to property and persons resulting from District's actions,errors or negligence in connection with the
activities described in this agreement.
1
IV. GENERAL CONTRACT TERMS AND CONDITIONS
1. Training will generally be conducted as specified in Attachment"A."
2. Students will be required to give their name,social security number and birth date to register for training
through the District.These records are protected by the Family Education Rights and Privacy Act
(FERPA).A copy of the Act is attached to the contract.
3. Courses will be billed to the Agency in full for cancellations made five business days or less prior to
course start date.Courses cancelled six to ten business days prior to start of course will result in billing
for half the contracted fee.In the event of cancellation at any time,Agency agrees to pay for assessment
tools,non-returnable textbooks,and supplies.Participation substitutions can be made up to and including
the first day of each course section.
4. The Agency agrees that,for a six-month period following termination of this Agreement,it will not enter
into any future agreement for the provision of training by any person providing training services under
this Agreement unless that future agreement is either with the District or is made following the express
written consent of the District.
5. It is expressly understood and agreed that no personal liability whatsoever attaches to any member of the
Board of the District,or any of the officers or employees thereof by virtue of this Agreement.
6. Time is of the essence in this Agreement.No alteration or variation of the terms of this contract shall be
valid unless made in writing and signed by the parties hereto.
7. Without the written consent of the District,this Agreement is not assignable by the Agency in whole or in
part.The copyright to all District materials either produced as a result of this Agreement or pre-existing
shall belong to the District,or are otherwise limited as by copyright law.Agency may not use,copy,or
modify materials without the expressed written consent of the District.
8. The parties to this Agreement understand that the Agency's non-solicitation policy prohibits promotion
for solicitation of products or services by District personnel or assignees.
9. The parties to this Agreement warrant that items that are used or distributed during the training are
original works and that no portion of these items violates copyright protection or similar right of any
third party.
V. CONFIDENTIALITY
District agrees to hold in strict confidence and not to use or disclose any confidential information for or to
any person,firm,corporation,association,or entity either before,during,or after the term of this Agreement,
except as authorized by the Agency or as is necessary for the performance of duties under this Agreement but
only after having received written consent from the Agency,which will be limited to the specific confidential
information described in the consent.
VI. COMPLIANCE WITH LAWS AND REGULATIONS
Agency agrees that it will not discriminate in the selection of any student to receive instruction pursuant to
this Agreement because of race,creed,color,national origin,sex,sexual orientation,age,or disability.In the
event of Agency's noncompliance with this section,this Agreement may be canceled,terminated,or
suspended,in whole or part,by the District.
2
VII. RELATIONSHIP OF THE PARTIES
It is understood that this is an agreement by and between Agency as Contractor and District and is not
intended to,and shall not be construed to create the relationship,of agent,employee,partnership,joint
venture or association or any other relationship whatsoever.
VIII. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Texas,without
regard to the principles of conflicts of laws of the State of Texas.Venue for any lawsuit regarding
enforcement or interpretation of this Agreement will be in Collin County,Texas.
CITY OF MURPHY BUSINESS SOLUTIONS GROUP
Collin County Community College District
Courtyard Center
4800 Preston Park Boulevard,Box 9
Plano,TX 75093
By: By:
Agency presen ative Business Solutions Group Director
S - oS
Date Date
CITY OF WYLIE
By:
Agency Representative
Date
3
Business So l wt i ons G roup
Contract Training Agreement
Attachment A
Agency: City of Murphy
206 N.Murphy Road
Murphy,TX 75094
Contact: Stacy Buckley Phone: 972-578-7321
Human Resources Coordinator Email: sbuckley@murphvtx.org
Agency: City of Wylie
2000 Highway 78 North
Wylie,TX 75098
Contact: Lynn Fagerstrom Phone: 972-442-8146
Human Resources Manager Email:lfagerstrom@ci.wvhe.tx.us
Date: May 3,2005
Training: Leadership&Supervisor Development Series
Course schedule attached
Location: See attached schedule
Instructor: Ron Vega
Fees: $400 flat fee per seminar—Maximum 20 participants per seminar
Each seminar fee will be divided equally between the City of Wylie and the City of Murphy
Books: Handouts provided;Other materials cost as noted on attached seminar schedule
Each municipality will be charged for the actual number of assessments used by their
respective employees
Terms: Payable upon receipt of invoice
Invoice will be sent to:
Stacy Buckley,Human Resources Coordinator
City of Murphy
206 N.Murphy Road
Murphy,TX 75094
972-578-7321;sbuckley@murphytx.org
Lynn Fagerstrom,Human Resources Manager
City of Wylie
2000 Highway 78 North
Wylie,TX 75098
972-442-8146;lagerstrom@ci.wylie.tx.us
Business Solutions Group
Collin County Community College
4800 Preston Park Blvd.,Box 9
Plano,TX 75093
972.599.3130 4
Fax:972.985.3765
bsg.ccccd.edu
FERPA
(Family Education Rights and Privacy Act)
The privacy of students'education records,including those contained in CCCCD's automated Student
Information System-Plus (SIS Plus),is protected by the Family Educational Rights and Privacy Act 1974,also
referred to as FERPA,The Privacy Act,or the Buckley Amendment.
Only directory information,as specified in CCCCD's catalog and Student Records Policy,may be released
without the student's prior written permission.Moreover,students have the right to restrict the release of
directory information,in which case all information is protected. (Restriction of directory information is
indicated on screens 7 and 11.)
Approved SIS-Plus users have been determined to have"legitimate educational interest",as defined by
FERPA and CCCCD's Students Record Policy,and are permitted access to students'education records.
PERSONALLY IDENTIFIABLE INFORMATION,INCLUDING EASILY TRACEABLE
INFORMATION,SHOULD NOT BE RELEASED TO THIRD PARTIES WITHOUT THE
STUDENT'S PRIOR WRITTEN PERMISSION.
Statistical information is exempted from the Privacy Act.For example,publication of college withdrawal rates
would not violate student's privacy rights;however,publishing which students withdraw would violate the
law,unless their prior written permission was on file.Likewise,reporting percentages of enrollment by ethnic
origin is permissible,while releasing an individual student's ethnicity would require prior written permission.
The Registrar's Office has responsibility for ensuring compliance with FERPA.
If a student does not want to furnish his or her social security number,they may complete a Request for
Assigned Student I.D. form.Collin County Community College District will assign a student i.d.number to
use for training registration.Please contact the Business Solutions Group at 972.985.3762 to request this
form.
5
Leadership& Supervisory Development Series
City of Murphy& City of Wylie
Cuur,c I)atc matcriul,
m iht G i,t
CEPD757.059 Managing Change 6/3/05 9am-11am Wylie City
Friday Hall
CEPD757.060 Conflict in the Workplace 8/19/05 9am-11am Murphy City Thomas-Kilmann
Friday Hall Conflict Mode
Instrument
CPP Code 4813-$12
per participant
CEPD757.010 Motivating Employees 11/18/05 9am-11am Wylie City
Friday Hall
CEPD757.011 Coaching&Mentoring 2/17/06 9am-11am Murphy City
Friday Hall
6
CITY OF WYLIE Item No. 1
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: May 24, 2005 Originating Department: Planning& Zoning
Prepared By: Claude Thompson
Account Code No.#: Date Prepared: Revised May 12, 2005
Budgeted Amount: Exhibits: 4
AGENDA SUBJECT:
Continue a public hearing from April 26, 2005 and May 10, 2005 to receive citizen comments and consider
and act upon certain revisions to the Comprehensive Plan.
RECOMMENDED ACTION:
The Planning & Zoning Commission voted on April 5, 2005 to recommend adoption of these revisions.
SUMMARY:
The public hearing was convened as published on April 26,2005, but the Council tabled discussion until
the May 10 and any decision until May 24 so that additional research and recommendation could be
provided concerning the sufficiency of retail and commercial uses and the proportion of residential
densities (lot sizes) and to allow for additional citizen comments.
At a work session held May 3, the Planning and Zoning Commission discussed further the proposed retail
locations and residential lot sizes. It was the general consensus of the Commission that retail continue to be
limited to the major highway corridors and to a few major intersections of thoroughfares (reaffirming specific
locations identified on the proposed Land Use Map). The Commission reaffirmed the recommendation that
10,000 sq. ft. be the smallest lot permitted in new single-family subdivisions, with smaller lots and
multifamily residential being restricted to areas already zoned and platted for such densities. It is
recommended that undeveloped areas closer in to Wylie's urban core be developed with 10,000 to 20,000 sq.
ft. lots while those areas further outlying areas of the Extraterritorial Jurisdiction be restricted to rural
developments with lots in excess of one acre (in this regard, an alternative Land Use Map is attached
reflecting alternative boundaries for these densities).
APPROVED BY: Initial Date
Department Director: CT
City Manager: M4/' \ J 7/�f3/or
AGENDA SUBJECT:
Continue a public hearing from April 26, 2005 and May 10, 2005 to receive citizen comments and consider
and act upon certain revisions to the Comprehensive Plan.
SUMMARY: (Continued)
Once the revised Comprehensive Plan is adopted, the Zoning Ordinance and Subdivision Regulations must be
revised accordingly. Lands already zoned and platted for uses other than those recommended by the Plan
have a legal right to develop according to the code which was in effect at the time of platting regardless of
changes to the Plan. However, lands which are not yet platted have no vested rights and must be developed in
full compliance with the revised Plan and requirements of the Zoning Ordinance.
The attached Analysis of Comparable Annual Tax Revenue compares the economic impact of varied densities
of residential and retail land uses. This analysis indicates that lower-density residential of larger lots, even
when occupied by more expensive houses, provides less annual property tax revenue to the City than do
smaller lots with less expensive houses. It also indicates that similar acreage of commercial uses provides at
least four times the annual revenue (combined property and sales taxes)than does residential uses.
The following is a summary of the revised Land Use Distribution Philosophy for the Comp Plan.
1. A more vehicular-oriented land use allocation criteria will be substituted for the current pedestrian-
oriented"Village Center"philosophy, more closely reflecting the realities of Wylie's natural character and
existing development pattern, and will result is less commercial uses and lower-density residential.
2. Retail and commercial uses will be limited and oriented to major traffic corridors for vehicular access and
to avoid impacting residential areas, including a hierarchy of development patterns.
• Neighborhood retail such as convenience goods and personal services will be limited to less than 10
acres at selected major intersections.
• Community commercial offering comparison/shoppers goods is allocated to centers of about 30
acres and will be limited to three major intersections—SH 78/FM 544, FM 544/CR 1378/Hooper and
SH 78/Park Blvd/Spring Creek.
• Diverse and intensive mixture of commercial uses will be allocated along the major traffic corridors
of SH 78 and FM 544, but designed in unified clusters to reduce the impact of turning movements to
traffic flow.
3. Residential development patterns provide three density levels in order to provide a balanced variety of
housing options beyond the currently limited offering of either small starter lots or larger estate lots.
• High-density residential, including small-lot detached and collective attached dwellings, will be
allocated to infill areas already developed or zoned for such densities and house types.
• New residential developments will be limited to three density levels, and located by their distance
from traffic corridors
- 10,000 sf lots with 2,400 sf houses
- 20,000 sf lots with 2,600 sf houses
- acreage lots with 3,000 sf houses.
4. Industrial uses will be divided into two types.
• Light industrial will accommodate assembly and warehousing/distribution envisioned by the Business
Center zoning, largely within existing centers platted for the smaller facilities of the past and the
expansion of the existing Wyndham(to the east)and Regency(to the west) industrial parks.
• Heavy industrial will accommodate manufacturing within campus settings envisioned by the Industrial
zoning, allocated to existing zoning within the Premier(west) and railroad yards (east).
5. Institutional and public/semi-public uses may be located within any use areas, as appropriate to best
service the other land uses which they support but designed to be compatible with surrounding uses.
CITY OF WYLIE,TEXAS
ORDINANCE NO. 2005-19
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF
WYLIE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Section 211.004 of the Texas Local Government Code ("Law")provides
that zoning and certain other land use and development regulations of municipal governments
must be in accordance with a Comprehensive Plan; and
WHEREAS, the City of Wylie, Texas ("Wylie") did, on July 27, 1999, in compliance
with such State laws, adopt a Comprehensive Master Plan to serve as a guide for land use
development and regulations; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has
determined that the Comprehensive Master Plan of the City of Wylie should be amended,
through investigations by its Planning and Zoning Commission; and
WHEREAS, Wylie has complied with all notices and public hearings as required by
State law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1: Adoption: The Comprehensive Master Plan of the City of Wylie, Texas,
be, and the same is hereby, adopted, said Plan being described in Exhibit A "Land Use
Distribution Philosophy" and Exhibit B "Land Use Plan Map" attached hereto and made a
part hereof for all purposes.
Ordinance No.2005-19
Comp Plan Rev
SECTION 2: Savings/Repealing Clause: Wylie's Comprehensive Master Plan, as
adopted July 1999, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are
hereby repealed, but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 3: Severability: Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,
it is expressly provided that any and all remaining portions of this Ordinance shall remain in
full force and effect. Wylie hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or any provision of Wylie's Comprehensive Master Plan, or as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions
imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation.
Wylie retains all legal rights and remedies available to it pursuant to local, state and federal
law.
SECTION 5: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
Ordinance No.2005-19
Comp Plan Rev
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE,TEXAS on this 24th day of May, 2005.
JOHN MONDY, Mayor
CORRECTLY RECORDED BY:
CAROLE EHRLICH
City Secretary
APPROVED AS TO FORM:
City Attorney
Date of Publication in The Wylie News—June 1, 2005
Comp Plan Rev Ordinance:CT/My Documents Page 3
Planning Department
MEMORANDUM
DATE: May 12, 2005/Revised
TO: Mayor and City Council THRU: Mark Roath, City Manager
FM: Claude Thompson, City Planner
REF: Staff Opinions Concerning Revisions to the Comprehensive Plan
The Planning and Zoning Commission has recommended certain revisions to the
current Comprehensive Plan. The following provides for you consideration staff
opinions concerning the several outstanding issues which have been raised by Council,
Commission, citizens and/or staff related to these recommendations.
1. Competing Goals: Goals of the Comprehensive Plan have always been unclear and
even competing. The 1999 citizen survey revealed a dichotomy of opinion — 84%
were attracted to Wylie because it is/was a "bedroom community where people live
but commute to work and shop elsewhere" (a low-density residential land use
pattern), yet 85% said they would like Wylie to become a "self-contained small town
where people live, work and shop" (a mixed-use, higher-density pattern). Toward
achieving the "self-contained town" the Plan was based on a pedestrian-oriented
"Village Center" philosophy of numerous retail centers surrounded by higher-density
residential, but toward achieving the "bedroom commuter community" the Plan
endorsed lower-density larger lots which require vehicular-intensive traffic patterns.
Rather than reconcile these conflicting concepts, the Plan attempted to provide for
both with a "few scatted retail centers separated by country residential", and even
recommended land uses contrary to historic zoning. The proposed Land Use
Distribution Philosophy recommends the lower-density, limited function "bedroom"
character. The goals for the desired future development pattern of Wylie must be
rationally justified and clearly articulated, so that both the guiding Plan and the
Zoning regulations intended to implement it may be directed to address these goals.
2. Limited Land: Like most suburban communities within the Metroplex, Wylie is
already substantially developed (or undevelopable, due to floodplain and railroad)
with limited remaining developable land available for future growth. Even the
potential expansion area of the outlying Extraterritorial Jurisdiction (ETJ) is largely
allocated to some legitimate use, and difficult to compile these multiple ownerships
for redevelopment. The Plan must allocate these limited remaining lands to best
attain the clearly expressed community goals. Much of the existing pattern close-in
is a suburban-density mixed-use development, while much of the vacant and ETJ
lands are rural/small-town character. Furthermore, the current Plan is largely a
guide for new development, with limited emphasis on redevelopment of older or
obsolete development patterns which will become increasing significant in the future.
Staff Opinions Concerning Proposed Revisions to Comprehensive Plan, Page 2
3. Fiscal Impact: Analysis by staff and developers has demonstrated that smaller-
lot/higher-density residential yields 30% greater property tax revenue to the City than
does acre lots (even with much larger houses on the larger lots), and that the same
acreage of commercial use yields at least four times the property and sales tax
potential as does residential development. It has also been demonstrated that there
is no direct relationship between size of lot/house and value/cost/tax yield, but that
decreased house cost/value normally results from increased lot cost (forced by the
increased size and required infrastructure), because the total combined cost of
house and lot is dictated by private market trends and personal financial resources
rather than public initiative. The Comp Plan's emphasis on low-density residential
and limited nonresidential, transfers an inordinate proportion of the tax burden to
smaller-lot residential.
4. Current Development Patterns: Current land development patterns reflect more of a
bedroom-commuter pattern than a balanced, self-contained community. Only 7% of
Wylie's total land is currently utilized by high-density residential uses, compared to
50% for low- and medium-density residential, and only 8.5% of Wylie's total housing
stock is multifamily. Less than 5% of the total land area is now allocated for retail
and office uses. The limited amount of land available for expansion, dictates that
this current pattern will be difficult to reverse.
5. Zoning Conflicts: The law requires that zoning and other public development
controls be based on the Comprehensive Plan. Private land has the legal right to
develop according to the local Plan and code regulations in place when the
development is initiated, and the courts have recognized that developers' have right
to profits anticipated by the Plan/code. Texas has recently made it more difficult for
local land use policies to restrict private development intensities (on May 10, the
Governor enacted legislation which requires cities to reimburse private developers
when changes in public plans and zoning reduce the value of a propertry by at least
25%). The existing Comp Plan reflects several conflicts with zoning which was in
place when the Plan was adopted, assuming the ability of the Plan, market and later-
adopted zoning to encourage these patterns to change over time. Owners of
several parcels having these contrary development rights have already fully vested
their rights to develop according to the earlier plan and regulations by platting the
property.
6. Public/Semipublic: Nontaxable public and semipublic development is currently the
allowed in any land use and zoning district, but can be important influences in
shaping land use patterns. The Wylie/Northeast Water District is the largest
property owner within the City of Wylie, and the City is the second largest, with
WISD and churches also representing large tracts. The Plan recommends that
municipal offices be centralized in order to be accessible to the greater population
and to create an image of Wylie's central place, whereas other municipal uses
should be scattered closer within the neighborhoods which they serve. Schools are
allocated to the exterior of residential neighborhoods along major thoroughfares
accessible by vehicle, rather than within the pedestrian neighborhood.
C: Planning & Zoning Commission
COMPREHENSIVE PLAN
LAND USE DISTRIBUTION PHILOSOPHY
The Comprehensive Plan provides general guidelines for the appropriate location and concentration of
development for the major types of land uses, and, thereby,provides a basis for planning public
services and infrastructure, within Wylie and its Extraterritorial Jurisdiction. The Plan offers
generalized criteria for the testing of zoning regulations and requests for changes in current use,as well
as for evaluating newly arising issues and uses. Both the quality and quantity of public as well as
private development can be directed by the philosophy of the Plan, in order to determine how best to
utilize Wylie's only nonexpendable resource—our land.
The following philosophy provides criteria for allocating residential, commercial, industrial and public
land uses within the Comprehensive Plan. Application of these criteria will assure the suitability of
future land development patterns to achieve the common goals of both the public and private sectors.
RESIDENTIAL
Wylie has historically been primarily a residential settlement, and most of its remaining land is suitable
for a variety of housing types. Wylie should continue to grow as a"bed-room community, with
residential as the principal land use, while providing a balanced variety of housing opportunities.
Future residential development should be planned to provide a choice of dwelling types but in
compatible neighborhoods which reflect this historic low-density rural character. This philosophy also
dictates that less land be allocated to nonresidential service uses,but more to roads,parks,and schools
and other residential-support uses. In order to address the public revenue deficit created by
dependence on residential property taxes, the development requirements of the Zoning Ordinance
should be enhanced by increasing dwelling size and making the currently-optional amenities required
on all new construction and thereby increasing the value. Three levels of residential density are
proposed, based on the current zoning classifications.
High-Density Residential
This category includes small-lot detached and collectively attached dwellings, and should be limited to
infill only,to those tracts already platted or zoned for such densities and housing types with no
expansion of this category by rezoning. Variances from the current code regulations may be required
to accommodate such in-fill development or the redevelopment of older areas developed in compliance
with earlier codes.
Medium-Density Residential
This category includes only detached single-family dwellings of not more than 4 dwelling units per
acre (minimum lots size of 10,000 sq. ft.). These developments should be designed as traditional
suburban residential neighborhoods located closest to vehicular thoroughfares and urban services such
as retail, schools and parks.
Low-Density Residential
This category is intended to accommodate the rural residential development,with lots exceeding 1-acre
in size. Such lots need not accommodate agriculture uses, and must be 2 acres or larger to
accommodate livestock or cultivated crops. These areas may have rural/estate streets with no curb or
subsurface drainage, and be furthest from thoroughfares.
COMMERCIAL
Commercial land uses provide retail goods and personal services as well as employment opportunities
to support the local residential population,and public sales tax revenues to supplement property taxes.
Such uses should be located along thoroughfares, preferably at major street intersections, to avoid their
traffic from negatively impacting residential neighborhoods. Wylie's potential to support commercial
land uses is constrained by its limited ultimate population and the competition of near-by regional-
scale commercial centers. To serve the future population,three types of commercial categories are
proposed, defined by their primary service function and named by the appropriate zoning classification
of the current Zoning Ordinance.
Neighborhood Services
These are retail/office centers smaller than 10 acres intended to serve immediately adjacent residential
neighborhoods with convenience goods and services, and accommodate the uses of the Neighborhood
Services(NS) and Office (0)zoning. These uses should be clustered in unified centers and designed
to reflect the character of the adjacent neighborhoods which they serve. The centers should be evenly
distributed throughout Wylie, located at least two miles apart at one or two corners of 4-way
intersections of major thoroughfares (4 to 6 lanes).
Community Retail
Community commercial centers serve the population of the entire community and several residential
neighborhoods with comparison shoppers' goods as well as convenience goods and personal services.
These should accommodate the uses of the Community Retail (CR)zoning, accommodate a broad
diversity of uses,be unified in plan and design, and be located at major intersections. Three locations
are recommended for this category: including the central commercial complex at SH 78 and FM 544;
to the east SH 78 at Park Boulevard; and to the west FM 544 at CR 1378/Country Club.
Mixed-Use Corridor Commercial
This category should be the most diverse and intensive mixture of commercial uses. These uses are
located along major thoroughfares to accommodate easiest vehicular access. They accommodate the
broadly-varied uses of the current Corridor Commercial (CC)zoning district, from convenience retail
and services to light industry. Such uses are planned and constructed as common"strip"developments
or independent free-standing establishments with common joint/cross access, but are guided by design
regulations of the Zoning Ordinance and screened from residential adjacency.
INDUSTRIAL
Industrial land uses primarily provide employment for the local population while providing
manufactured products for the region and world beyond, as well as generating private revenues
through employment and sales and public revenues through taxes. Industrial uses can generally be
divided into two categories, depending on the intensity of the operations and their consequences,and
their locational requirements depend on such impacts.
Heavy Industry
Heavy industry generally includes the more-intensive processing and manufacturing of raw materials
into usable products, and such operations normally create the most obnoxious consequences. Heavy
industry requires access to regional transportation(highways and rail) and resources (water)as well as
special utilities, and should be isolated or buffered from other land uses on larger campus settings. The
northeast area of Wylie, as well as the existing Premier Business Park in the southwest,provide these
unique locational criteria. This category corresponds to the Industrial (I) District of the current Zoning
Ordinance, and should be developed in larger,campus environments.
Light Industry
Light industry includes less-intensive assembly, warehousing and distribution of products, as well as
people-based office-oriented operations and even intensive commercial activity. These uses are related
to the Business Center(BC) zoning district, although setback requirements of the BC must be adjusted
to accommodate the platted smaller lots. Such operations can be located on the smaller lots within
existing Century, Regency and Wyndham industrial districts, as well as the expansion of the Wyndham
area toward the north and Regency to the west.
INSTITUTIONAL/PUBLIC AND SEMI-PUBLIC
All private development requires certain public or quasi-public support use,which must be planned in
coordination with the private uses.
Municipal Uses
Some municipal uses(such as business offices)need to be centrally located and equally accessible by
all residents,while others (such as fire stations and water/sewer pumping)need to be decentralized and
equally accessible to all residences. New municipal offices should be located in combination with
other compatible public and private services to create an efficient and coordinated Town Center to
serve as Wylie's central address and destination place.
Utilities (such as water and energy)have unique design criteria which largely dictate their location.
Public utilities must be within or adjacent to the other land uses which they serve, but should be
located as well as designed so as to blend with rather than detract from the character of the surrounding
primary uses.
Streets and roads make development possible, and their capacity largely dictate (or are dictated by)the
potential density/intensity of the various uses of land. Thoroughfares should be planned in accordance
with the current Thoroughfare Plan and Engineering Design Standards.
Schools and Houses of Worship
Schools and day care operations as well as churches and other religious instructions generally belong
in close proximity to the residential populations which they serve. However, as major vehicular traffic
generators,these institutional uses should be placed to the exterior of residential neighborhoods and
clustered together when possible.
Parks and Recreation
Public parks and recreational facilities should be located in accordance with the adopted Parks,
Recreation and Open Space Master Plan. Both public and private leisure amenities should be designed
as a complementary asset to the residential uses rather than detract from them with traffic, noise,
incompatible designs and other nuisances.
ct: 05/12/05
ANALYSIS OF COMPARABLE ANNUAL TAX REVENUE
FOR VARIED DEVELOPMENT TYPES
RESIDENTIAL
Assumptions:
27.5 acre site, less 25% streets
0.695/$100 tax rate
Lot Size & House Cost Number Lots/Houses Property Tax Revenue
8,500 sq. ft./$150,000 105 $109,464
20,000 sq. ft./$300,000 45 $93,825
1 acre/$500,000 24 $83,400
COMMERCIAL
Assumptions:
27.5 acre site with 233,000 sq. ft. buildings, personal property and inventory (As
currently with Albertsons, Home Depot, Bank of America, Wendys, Quiznos/Wings-to-
Go, ProCuts/StarNails, StooksberryDDS, Kwik Kar Lub and Dry Cleaner as well as 2
vacant lots and tax abatement).
Property Tax Sales Tax
$195,573 (incomplete) $200,000 (conservative estimate)
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CITY OF WYLIE Item No. 2City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: May 24, 2005 Originating Department: City Manager
Prepared By: Mark B. Roath
Account Code No. #: Date Prepared: May 18, 2005
Budgeted Amount: N/A Exhibits: Two
AGENDA SUBJECT: Consider, and act upon, a Retail Water Service Area Agreement with Wylie Northeast
Water Supply Corporation.
RECOMMENDED ACTION: Approve.
SUMMARY:
On August 25, 2004, the City received a Notice of District Petition advising the City that Wylie Northeast Water
Supply Corporation had filed an application with the Texas Commission on Environmental Quality (TCEQ) to
convert to Wylie Northeast Special Utility District. On October 1, 2004, the City, through its special utility
counsel, Mr. Kerry E. Russell, filed a request for a public hearing on the application before the TCEQ. Since
October, 2004, Mr. Russell and I, along with representatives from the Wylie Northeast Water Supply
Corporation, have been meeting to craft an Agreement that would resolve the above stated issue as well as forge a
long term relationship between both parties.
This proposed Agreement accomplishes those goals by:
• establishing an orderly mechanism for the Corporation (District) to transfer annexed certificated service
area to the City.
• establishing that the Corporation (District) would submit plans and specifications for water line or
facilities within our extraterritorial jurisdiction to the City for review and comment.
• establishing a procedure for when the City wishes to participate in oversizing a Corporation (District)
water line within our extraterritorial jurisdiction; and
• resolving the City's need for a public hearing before the TCEQ regarding the Corporation's conversion to
a District; thus, saving the City an additional legal expense.
APPROVED BY: Initial Date
Department Director: \
City Manager: nleve \ .s//y%.i
STATE OF TEXAS §
§ RETAIL WATER SERVICE AREA AGREEMENT
COUNTY OF COLLIN §
THIS IS A RETAIL WATER SERVICE AREA AGREEMENT by and between the City of
Wylie ("Wylie"), a Texas Municipal Corporation and Wylie Northeast Water Supply Corporation
(hereinafter "Wylie WSC"). Wylie and Wylie WSC may be collectively referred to herein as the
"Parties."
RECITALS
WHEREAS, Wylie is a home rule municipal corporation organized in accordance with the
laws of the State of Texas; and
WHEREAS, Wylie WSC is a water supply corporation, organized and operating as an
Article 1434a entity,which holds Certificate of Convenience and Necessity("CCN")No. 10192 and
owns water facilities,transmission lines and distribution lines in Collin County in and around Wylie,
and provides retail water utility service to customers within its certificated service area;
WHEREAS,Wylie WSC seeks to convert to Wylie Northeast Special Utility District("Wylie
Northeast SUD") and to have Wylie WSC's CCN No. 10192 transferred to Wylie Northeast SUD;
and
WHEREAS, Wylie has protested Wylie WSC's proposed SUD conversion; and
WHEREAS, Wylie WSC and Wylie Northeast SUD mean the same entity throughout this
Agreement; and
WHEREAS, Wylie and Wylie WSC are both"retail public utilities" as defined in Section
13.002 of the Texas Water Code; and
WHEREAS, Wylie has been issued CCN No. 10186 by the Texas Commission on
Environmental Quality("TCEQ") (Previously the Texas Natural Resources Commission); and
WHEREAS,Wylie desires to have City Level Water Service(as hereafter defined)provided
to all of its citizens, even those serviced by Wylie WSC in Wylie's city limits; and
WHEREAS,agreement on future water utility service CCN boundaries between Wylie WSC
and Wylie will greatly enhance the ability of Wylie to make long-term service plans and financial
commitments for water service as Wylie grows; and
WHEREAS, Wylie and Wylie WSC have,through good faith negotiations,resolved issues
concerning the conversion of Wylie WSC to Wylie Northeast SUD and the transference of CCN No.
10192 subject to the jurisdiction of TCEQ;
NOW,THEREFORE,Wylie and Wylie WSC enter into this agreement for the purposes and
consideration set forth herein as follows:
I. PARTIES
1.1 This Agreement is entered into by and between the City of Wylie, Texas, and Wylie
Northeast Water Supply Corporation(and its successors), Wylie, Texas.
II. TERM OF AGREEMENT
2.1 This Agreement forms the basis for a long term working relationship between Wylie
and Wylie WSC and, in accordance with Section 791.026 of the Interlocal Cooperation Act of the
Texas Government Code,shall remain valid and enforceable until superseded by subsequent written
agreement, except as may otherwise be provided herein.
III. FUTURE GROWTH CCN BOUNDARIES AND REGULATORY APPROVAL;
COOPERATION
3.1 The current Wylie and Wylie WSC water utility service CCN boundaries are shown
on the CCN map attached hereto as Exhibit A.
3.2 Wylie WSC agrees that as Wylie experiences growth and annexes into the current
Wylie WSC certificated service area, Wylie WSC and Wylie will initiate the following procedures
prior to Wylie initiating any action under Section 13.255 of the Texas Water Code to transfer the
annexed certificated service area to Wylie.
(a) Within thirty (30) days of Wylie giving Wylie WSC written notice of its
desire to transfer annexed certificated service area from Wylie WSC to Wylie, Wylie and
Wylie WSC shall each appoint three people to sit on a joint Service Area Transfer
Committee. That Service Area Transfer Committee shall meet within thirty (30) days of
formation to attempt to negotiate the transfer in accordance with the general principles found
in Section 13.255 of the Texas Water Code for consideration and approval by the Parties'
governing bodies.
(b) If a transfer agreement is not agreed upon within ninety(90)days of formation
of the Service Area Transfer Committee, Wylie and Wylie WSC shall submit the matter to
mediation. If Wylie and Wylie WSC cannot agree upon a mediator, they shall request
mediation by a TCEQ mediator. Costs of mediation shall be equally divided between Wylie
and Wylie WSC. If mediation does not result in transfer agreement within one hundred
eighty(180) days from the date of the written notice requesting the transfer of certificated
service area, Wylie shall be free to file a mandatory service area transfer under Section
13.255 of the Texas Water Code.
3.3 Wylie and Wylie WSC intend to enter into a Water CCN Transfer Agreement,dated
March 22, 2005, to mutually adjust their respective water CCN boundaries to bring Birmingham
Farms Phase 2A and Birmingham Farms Phase 14A, additions to City of Wylie, Collin County,
Texas,according to the final plats thereof recorded in Cabinet N,Page 887,and Cabinet P,Page 654,
2
of the Plat Records of Collin County,Texas,wholly within Wylie's water service area,and to bring
Birmingham Farms Phase 14B,an addition to City of Wylie,Collin County,Texas,according to the
final plat thereof recorded in Cabinet P, Page 656 of the Plat Records of Collin County, Texas,
wholly within Wylie WSC's water service area, pending approval by the TCEQ. Notwithstanding
anything herein to the contrary, the terms and conditions of this Agreement do not apply to that
Water CCN Transfer Agreement and do not control the agreed water CCN transfer reflected therein.
There are no other requested or pending transfers between the Parties.
3.4 Prior to installation of any water line or facility within Wylie's extraterritorial
jurisdiction, Wylie WSC shall submit the plans and specifications for the water line or facility to
Wylie for review. The water line or facility shall be designed in accordance with the standards of
Wylie, set forth in Wylie Ordinance No. 2002-05, Manuals for the Design of Storm Drainage
Systems, Water and Sanitary Sewer Lines, and Thoroughfare Standards, as amended by Wylie
Ordinance No. 2005-14 adopted April 12, 2005. All plans and specifications for construction,
including construction materials, shall be submitted to Wylie for its review and approval which
approval shall not be unreasonably withheld, delayed or conditioned. Wylie will have thirty(30)
days from Wylie's receipt of the plans and specifications to deliver written comments to Wylie WSC
relating to such plans and specifications. Wylie WSC shall accommodate Wylie's comments for
purposes of complying with the above-referenced standards and upsizing water lines under section
3.5 below. In the event that Wylie fails to deliver comments within thirty(30)days,then Wylie shall
have waived its right to comment on such plans and specifications. Wylie's approval of any
construction plans, either expressly or impliedly given, shall be limited to six (6) months. If
construction of the approved water line or facility has not begun within six(6)months after the date
of approval by Wylie, Wylie's approval is withdrawn. After construction of each water line or
facility,Wylie WSC shall provide Wylie as-built drawings,in hard copy and electronic format,of the
applicable facility. If mutually agreed by both Parties, emergency interconnects between the Wylie
and Wylie WSC systems may be installed in accordance with this Agreement.
3.5 As a reasonable condition for approval of the construction plans as described in
section 3.4 above,Wylie may require Wylie WSC to upsize any water line to be installed in Wylie's
extraterritorial jurisdiction. If such a requirement is made by Wylie,Wylie shall contribute to Wylie
WSC the cost differential between the construction documents and the cost of the upsized water line
within thirty(30) days of Wylie's approval of the applicable construction plans Wylie WSC shall
return any such contribution if construction of the water lines or facilities has not commenced within
six (6)months after the date of approval by Wylie or upon receiving written notice that Wylie has
withdrawn its approval,whichever occurs first.
IV. WYLIE WSC SUD CONVERSION
4.1 Upon execution of this Agreement, Wylie shall file written notice with the TCEQ
withdrawing its protest of Wylie WSC's proposed conversion to a special utility district.
3
V. MISCELLANEOUS
5.1 Applicable Texas Law. This Agreement shall be governed by and construed and
enforced under the laws of the State of Texas.
5.2 Performance. The obligations and undertakings of each of the parties to this
Agreement shall be performed in Collin County,Texas. Except for matters within the jurisdiction of
the TCEQ(or its successor),the Parties expressly agree that all judicial proceedings to enforce any of
the provisions of this Agreement shall take place in Collin County, Texas.
5.3 Entire Agreement. This Agreement contains the entire agreement of Wylie and Wylie
WSC with respect to the subject matter of the Agreement. No Agreement, statement, or promise
made by any party or to any employee, agent, or officer of any Party, that is not contained in this
Agreement shall be valid, binding, or of any force or effect. Any amendments to this Agreement
must be in writing.
5.4 Successors and Assigns. This Agreement shall be binding upon the Parties hereto and
their respective successors, heirs,representatives, and assigns.
5.5 Agreement Drafted Equally. This Agreement shall be deemed drafted equally by the
Parties hereto. The language of all parts of this Agreement shall be construed as a whole according
to its fair meaning, and any presumption or principle that the language herein is to be construed
against either Party shall not apply.
5.6 Severability. Should any provision of this Agreement be declared void by a court of
competent jurisdiction,remaining provisions of this Agreement shall remain in full force and effect.
5.7 Attorney's Fees. In the event that the terms and conditions of this Agreement are
breached by either Party, and the Parties participate in a proceeding before any state or federal
tribunal because the terms and conditions of this Agreement are not being complied with by one of
the Parties,the prevailing Party shall recover its fees,damages,costs,attorneys' fees,and such other
and further relief from the non-prevailing Party,general or special, at law or in equity,to which the
prevailing Party may show itself justly entitled.
5.8 Covenant of Authority. The respective signatories to this Agreement covenant that
they are fully authorized to sign this Agreement on behalf of their respective Party.
5.9 Multiple Originals. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
4
5.10 Notice. Any notice provided for under the terms of this Agreement by either Party to
the other shall be in writing and may be effected by certified mail,return receipt requested,postage
prepaid, or by facsimile, with confirmation, addressed and delivered to the following:
to Wylie: City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Fax: (972)442-4302
to Wylie Northeast WSC: General Manager
Wylie Northeast WSC
P.O. Box 1029
745 Parker Road
Wylie, Texas 75098
Fax: (972)429-9413
Each Party may change the address to which notice may be sent to that Party by giving notice of such
change to the other Party in accordance with the provisions of this Agreement.
5.11 Captions. Captions are included solely for convenience of reference and if there is
any conflict between captions and the text of the Agreement, the text shall control.
5.12 Effective Date. This Agreement is effective and enforceable as between Wylie and
Wylie WSC following execution by both Parties.
IN WITNESS HEREOF, EXECUTED by the City of Wylie and Wylie Northeast Water
Supply Corporation under the authority of their respective governing bodies in Duplicate Originals
on the dates indicated below.
City of Wylie, Texas
BY:
John Mondy, Mayor
Date:
ATTEST:
Carole Ehrlich, City Secretary
5
Wylie Northeast Water Supply Corporation
Jimmy Beech, President
Date:
ATTEST:
Mike Bailey, Secretary\Treasurer
6
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