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10-27-2015 (City Council) Agenda Packet Wylie City Council CITY OF IVYLIE NOTICE OF MEETING Regular Meeting Agenda October 27, 2015 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Todd Wintters Place 3 Candy Arrington Place 4 William Whitney III Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation for Municipal Court Week November 2-6. (L. Bantz, Finance Director) • Proclamation of Nov 6,2015 as Arbor Day in the City of Wylie. (S. Rodgers, Parks Manager) October 27,2015 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Presentation to the City of a donation of $30,000.00 from the Creekside Estates Homeowner's Association for construction of a playground. (S. Rodgers, Parks Manager) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must Jill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon, approval of the Minutes of October 13,2015 Regular Meeting of the Wylie City Council. (C Ehrlich, City Secretary) B. Consider, and act upon, approval of a Preliminary Plat for CVS Country Club Addition, creating three lots on 5.573 acres, generally located on the southwest corner of Country Club Road and Parker Road. (R. 011ie, Development Services Director) C. Consider, and act upon, approval of a Preliminary Plat for Kreymer Park, developing 151 residential lots, generally located on East Stone Road approximately 2000' south of East Brown Street. (R. 011ie, Development Services Director) D. Consider, and act upon, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30,2015. (S. Satterwhite, WEDC Director) E. Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2015. (L. Bantz, Finance Director) F. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for September 30,2015. (L. Bantz, Finance Director) G. Consider, and act upon, approval of Resolution No. 2015-22(R) authorizing the City Manager to execute a restated Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. (C. Holsted, City Engineer) H. Consider, and act upon, the approval of the purchase of a Horton Medical Unit from Professional Ambulance Services in an estimated amount of $213,364.00 through a cooperative purchasing contract with H-GAC Buy (AM10-14), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) L Consider, and act upon, the approval of the purchase of a 2 Ton Terrastar Utility Truck from Southwest International Trucks Inc. in the estimated amount of $63,006.65 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement 4430-13,and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) October 27,2015 Wylie City Council Regular Meeting Agenda Page 3 of 4 J. Consider and act upon the approval of the purchase of Dodge Ram trucks from Grapevine DCJ, LLC in the estimated amount of $157,000.00 through a cooperative purchasing contract with Tarrant County, Texas (42015-107), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) K. Consider and act upon the approval of the purchase of Dodge Ram trucks from Grapevine DCJ,LLC in the estimated amount of$56,000.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (4430-13), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) L. Consider, and act upon, accepting a donation to the City in the amount of$30,000.00 by the Creekside Estates Homeowner's Association for the construction of a new playground at Creekside Estates Park. (S. Rodgers, Parks Manager) EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Discussion regarding foreclosure of property located at 900 W.Kirby Rd. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2015-23(R), a Resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager to execute the consent for access to property between Wylie and the Environmental Protection Agency concerning access to property located at 900 W. Kirby, Wylie, Texas 75098; Further authorizing the City Manager to take and all other actions necessary to effectuate the same; and providing for an effective date hereof. (J. Butters, Asst. City Manager) Executive Summary The consent to access is necessary for the EPA to conduct clean-up and hazardous waste mitigation operations at 900 W.Kirby. October 27,2015 Wylie City Council Regular Meeting Agenda Page 4 of 4 2. Consider, and act upon, Ordinance No. 2015-36, amending Ordinance No. 2009-12 (Consolidated Fee Ordinance) and Section V. (Impounding, Boarding, and Adoption Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances; Providing for a repealing savings and severability clauses: providing for an effective date of this Ordinance. (S. Patton,Animal Control Supervisor) Executive Summary Currently the adoption fee is$25.00 and a$50.00 voucher fee to be paid by the adopter if the animal is not sterilized. This $50.00 voucher is utilized by the adopter to assist with the cost of sterilization of the adopted animal at their veterinarian. After adoption citizens must get any and all necessary vaccines and sterilization and then provide proof of such to the Animal Control.This is inefficient for citizens,who have to make multiple trips back to the shelter, and animal shelter staff, who often have to chase down the required proof. This amendment will allow us to work with a low cost provider to have adoptable animals sterilized,microchipped, and vaccinated in advance of the adoption. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on October 23, 2015 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Plitt Wylie City Council CITY OF WYLIE V Minutes City Council Meeting Tuesday, October 13, 2015 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor pro tern Keith Stephens, called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present Mayor pro tern Stephens, Councilwoman Candy Arrington, Councilman Todd Wintters, Councilwoman Diane Culver, Councilman William Whitney III, and Councilman David Dahl. Mayor Eric Hogue was unable to attend. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Development Services Director, Renae 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Police Chief, Anthony Henderson; Fire Chief, Brent Parker; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilman Wintters led the Pledge of Allegiance. PRESENTATIONS • Employee Milestone Anniversaries Mayor pro tern Stephens and City Manager Mindy Manson presented anniversary appreciation plaques to the following employees: Joyce Pollard, Accounts Payable specialists— 10 year service Rachel Orozco, Library Director— 10 year service Debbie McClendon, Fire Department Clerk— 10 year service Jeff Callan, Police Officer— 10 year service Chris Hoisted, City Engineer— 15 year service Mindy Manson, City Manager — 20 year service, Mayor pro tern Stephens thanked City Manager Manson for her years of leadership. Minutes October 13, 2015 Wylie City Council Page 1 Not present but receiving service awards were Kendall Edge, Water Utility Supervisor—20 year service, and Allyson Frederick, 911 Communications Manager— 10 year service. • TEXAS KTB Award 2015 by CWD Community Waste Disposal representative, Robert Medigovich, presented the City with the TEXAS KTB Award 2015 for using measures to reduce solid waste and recycle efforts used by the City and CWD. • Recognition of$2,500 donation to the City by the Pella Corporation Tim Gilchrist, plant manager for Pella, presented a donation of $2,500 to the City. The funding will be used to purchase two new picnic tables and one new park bench for Olde City Park. Pella volunteers are scheduled to paint the pavilion and restroom building on October 31, 2015 as part of their volunteer project. Gilchrist noted Pella is pursuing these community-focused initiatives throughout the country this year in honor of the corporation's 90th anniversary. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3)minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Denney Hanson, representing the Eastfork Masonic Lodge, encouraged those present to give blood at the Eastfork Lodge Blood Drive to be held October 17th from 10:00 am to 4:00 pm at the Wylie CVS store located at FM 544 and SH 78. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of September 22, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2015-35 setting the time and place for all regular City Council Meetings in the 2016 calendar year. (C Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2015-33 amending Wylie's Code of Ordinances, Ordinance No. 2005-07,as amended, Chapter 46(Fire Prevention and Protection),Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article); clarifying jurisdiction to regulate fireworks outside of the city limits in accordance with recent change in Texas law; providing a penalty clause,savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. (B. Parker, Fire ChieJ Minutes October 13, 2015 Wylie City Council Page 2 D. Consider, and act upon, vendor application for Wylie East High School Color guard for the Breakfast with Santa event December 12,2015 at the Bart Peddicord Community Center. (R. Diaz, Parks and Recreation Superintendent) E. Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31,2015. (S. Satterwhite, WEDC Director) F. Consider, and act upon, Ordinance No. 2015-34, a change in zoning from Commercial Corridor (CC) to Planned Development — Light Industrial District (PD-LI) to allow Light industrial uses; on approximately 2 acres generally located west of Commerce Street and south of Business Way (710 Business Way). ZC 2015-10. (R. 011ie, Development Services Director) G. Consider, and act upon, approval and final acceptance of the Woodbridge Parkway paving project and authorize final payment to Mario Sinacola & Sons in the amount of$228,411.78 and accept the project as complete. (C Holsted, City Engineer) Councilwoman Arrington requested Consent Item C be removed from the Consent Items and be considered individually. Consensus of the Council was to remove Consent Item C from the Consent Items and consider individually. Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Culver to approve Consent Items A, B, D, E, F, and G, as presented. A vote was taken and the motion passed 6-0, with Mayor Hogue absent. REGULAR AGENDA C. Consider, and act upon, Ordinance No. 2015-33 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Chapter 46 (Fire Prevention and Protection), Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article); clarifying jurisdiction to regulate fireworks outside of the city limits in accordance with recent change in Texas law; providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. (B. Parker, Fire Chief) Staff Comments Councilwoman Arrington asked Chief Parker what the affect would be in impacting Wylie with regard to the new legislation and the proposed ordinance controlling fireworks. Chief Parker stated that the City had never enforced the use of fireworks in the City's ETJ. He explained this law will not impact the discharge of fireworks outside the City limits because there is not staffing to enforce the ETJ. Parker noted the law will allow firework stands within the ETJ (within 5,000 ft. of the City limits). Councilwoman Culver stated that during the 4th of July events, patrol of the City is increased and calls are constant through the period. Culver noted that with the dangers involved with fireworks and dry grasses in our area, each Councilmember should contact their local state official to pressure them to resend this legislation. Minutes October 13, 2015 Wylie City Council Page 3 Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Culver to approve Ordinance No. 2015-33 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Chapter 46 (Fire Prevention and Protection), Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article); clarifying jurisdiction to regulate fireworks outside of the City limits in accordance with recent change in Texas law; providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 1. Consider, and act upon, the award of bid #W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of $5,299,999.99, and authorizing the City Manager to execute any and all necessary documents. (C Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that competitive sealed bids were solicited for the paving, drainage, and utility improvements for Ballard Avenue from the Dallas/Collin County Line to Alanis Drive as described in bid #W2015-67-B. Tri-Con Services Inc. was the successful bidder with a cost bid of$5,299,999.99. He noted work should begin in a couple of weeks. The Council thanked City Engineer Hoisted for working with the County to acquire county funding for these thoroughfare projects. Council Action A motion was made by Councilwoman Culver, seconded by to a Councilman Wintters to approve award of bid #W2015-67-B for Ballard Avenue Paving and Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services, Inc. in the amount of $5,299,999.99 and authorizing the City Manager to execute any and all necessary documents. A vote was taken and the motion passed 6-0, with Mayor Hogue absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2015-33, 2015-34, and 2015-35 into the official record. WORK SESSION • Review of proposed Brown House facility fees. (R.Diaz,Parks and Recreation Superintendent) Parks and Recreation Superintendent Robert Diaz addressed Council stating that the agenda packet included, for Council review, proposed fees for event rental of the newly acquired Brown House. He explained that the fees were based on other facilities in the area and taking into consideration the uniqueness of this venue. He noted that additionally there is a DRAFT- Minutes October 13, 2015 Wylie City Council Page 4 Alcohol Policy, should the Council approve alcohol during scheduled events. Diaz asked for feedback and direction from Council. Council direction was to move forward with further research on items presented and to include a possible option of no charge fees for traditional Wylie ISD functions that previously were held at the Brown House, a possible discount for not-for-profit organizations wishing to rent the venue, and to include a draft policy for the use of alcohol at events. • Review of proposed Interlocal Agreement between the City of Wylie, Texas and Wylie Northeast Special Utility District for an Interim Waste Water Service Agreement. City Manager Manson addressed council stating that since the Inspiration Subdivision (originally known as the Hanover Development) was initially proposed in 2008, the City of Wylie has worked to ensure that the neighborhood would be connected to the regional waste water system, rather than be served by a small, independent treatment plant located near Lake Lavon. Manson explained to that end, staff worked through the process available to us with the Texas Commission on Environmental Quality and ultimately arrived at a Development Agreement that was approved by the City Council in 2011. That Agreement set out some land use and development requirements, as well as the criteria for the timing that the development would be required to tie into the regional waste water system. The Agreement allowed the development to operate with a small on-site plant until a specified flow was reached, and at that time, provisions would be made to tie the subdivision to one of the waste water treatment plants in the NTMWD system. Since that original Agreement was approved, the land changed hands and the new developers wish to forgo the small on-site plant option and work to connect to the regional system. Staff has worked with the Wylie Northeast Special Utility District (WNE), who will be the provider of water and sewer to Inspiration, in order to identify a logical connection between that service area and the Muddy Creek Waste Water Treatment Plant. The ultimate permanent connection for the fully built-out neighborhood will take longer to implement due to the need to acquire right- of-way, complete engineering, and so forth. The proposed term of the Interim Agreement is 3 years with a specified average and maximum daily flow. If approved, this will allow time for the work to be completed for the proposed permanent connection. Direction from Council was to move forward to bring back an interim agreement with Inspiration for consideration by Council, and to insure that Inspiration management knows this agreement will end in three years and will not be extended; Inspiration must have a permanent connection and be tied into the NTMWD system by the end of the 3 year term. RECONVENE INTO REGULAR SESSION Mayor pro tem Stephens reconvened into Regular Session at 7:24 p.m. ADJOURNMENT A motion was made by Councilwoman Culver, seconded by Councilman Wintters to adjourn the meeting at 7:25 p.m. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. Minutes October 13, 2015 Wylie City Council Page 5 Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 13, 2015 Wylie City Council Page 6 OF fivp Wylie City Council AGENDA REPORT "" 4M�9Mkwli. 1'+,M is Meeting Date: October 27,2015 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 13,2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for CVS Country Club Addition,creating three lots on 5.573 acres, generally located on the southwest corner of Country Club Road and Parker Road. Recommendation Motion to approve a Preliminary Plat for CVS Country Club Addition, creating three lots on 5.573 acres, generally located on the southwest corner of Country Club Road and Parker Road. Discussion OWNER: Parker Country Club,L.P./CVS Pharmacy,LLC APPLICANT: Winklemann and Associates,Inc. The property totals 5.573 acres and will create three lots. Lot 1 will contain a General Merchandise Store use (Pharmacy/General), Lots 2 and 3 are the remaining acreage that may be further subdivided and used as permitted under PD 2006-02. The plat shall also dedicate the necessary rights-of-way, fire lanes,utility,construction, and drainage easements. A Site Plan was approved by the Planning Commission on October 6, 2015. This Preliminary Plat complies with the applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Planning& Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval, subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 ABBREVIATION LEGEND u.1 A C e® ABBR DEFINITION C II 9§ CIRS IRON ROD SET wiRED PLASTIC CAP CIRF IRON ROD FOUND w/CAPE y STAMPED WAI. 1' co@ XCS "X"CUT IN CONCRETE SET Z &IICOUNTY C LERK'S INSTRUMENT NoNC MONUMENT 11U.7 A g m CM CO o C Scale 1",40' ' 140 ' 11111141, 'P',0 [11 so Ro PLOT 1,BLOCKA N NOT VICINIO SCALE TY MAP CABINET P,SLIDE 182 / z I is RIGHT-OE-WAY DEDICATION i CABINET P,suDElez —- —_�/IREoirz°aRE nn. _— -- 3 1rz°aaE LID .9 4 __a COUNTRY CLUB ROAD _ _ — — — —— w VARIABLE w.M.13 G�) LIS PENOENs(EXHIBIT H) 1 rz 0� TEXAS30.NORTH MUNICIPAL RIGHT-OF-WAY z �,o NN(EXHIBIT 0) owMES PACE60EMENT _ uS PENOEus(EXHIBIT B) TEMPORARY EASEMENT LI PENDENS(EXHIBIT A) , 2050130003T WATER DISTRICT 08LI5 PENDENS)EtHIBIJ �_— CC AP015013000 CC.0150113o 29g—__ �'T0159ll30�3R29[I — usPEN E 3oNORTHTExnsMuwaP cc a z9 WATe E--.18 CT EASEMEmr `cc#zo,soi)a000a,z90 � zs 559 rIPE — -- -- —— —— -— —— 1 141zNCIRsS 00°23'52"E _ _423.98' SO40°45'5"E _ lzzso -- — c 387.02' N z§ POINT OF 0��`� ilz.,,R, 2 -�1.2'CIRs-— DTs za-— — T — 2.clres C a U BEGINNING ,Pb o�' — — mM�l1 '5 � _ _+—r— — Q ��TxD ———J — 1 LISPENDE TSjEXHiBR \—;j— /�� P us PENo NE s(EtcHIeITRF) —` — 55aTCM#z _ 0 Ns(EXHIBIT,p MMPORARY RCEEN ESS EASEMENT N 1 ,, TEMPORAY l' CONSTRUCTION EASEMENT 518"CIRF R D 1 TEMPO T CONSTRUCTIONS SEMENV CO CC#201501130003729 ASSIGNMENT AG 725 AC POSEo \ / c CC#29 111 WATER SUPPLY VOLUME 1 OOE RIGHT-OF-WAY / O LOT y LOT 0923 ACRES L J TEMPORARY CONSTRUCTION EASEMENT FIRELANE <0 CONSTRUCTION EASE 0 VNT EASEMENT GNMENT cc zBOTe EASEMENT PROPOSED voLUME38e8, °A� /j EASEMENT P (40220 SO FT) C CVS COUNTRY 311 _ y? X rr 0915 ACRES I3 a ,� cc#ml5oso. CLUB ADDITION P1 ry 1 (39,866 So.FT) E I VOLUME PAGE279T o O o BLOCK 1 Lis PENDENS( I rt l �-0I I E - — LOT 3735 ACRES S \ \\ ~ n ) 1 896 ACRES (162,682 SO.FT) m " W 15 WI TER (82596 SO.FT) cc C2o15011300037290 CI Y LL g # EASEMENT I 1 \ )ABANDONED BY PUT) Q UO 4C 1 L,sPEN. EMPORIARY)i�� �� CO 6 — 11 N_ c uc lOo 0 o"s rE2eo �� �� co a ONSTR >I ' 1 cc#2 \\ �\ J 023 m TxoodIAMONBEARS 'vy '� 9A3 _ _ -- s3o�n3e°E,o 49 aao.4g. zm'e ""\—\ lc, N 00°58'45"WcM N1rz as' ))IRS847.78' — — - - 5 M — 5�s aRE 1rz°IREa Z I D O 1 U J E E VOLUME&NAO I SESSU z VOLUME PAGezo43 MS C.) PAGE o I 1 PRELIMINARY PLAT CVS COUNTRY CLUB ADDITION LOTS 1,2,&3,BLOCK 1 BEING A PLAT OF 4 TRACTS OF I_AND DESCRIBED IN DEED TO PARKER •• •• •• •• _E COUNTRY CLUB,L P AS RECORDED IN COUNTY CLERKS INSTRUMENT ;' 2 2 O , 20060314000334610,OFFICIAL PUBLIC RECORDS,COLLIN COUNTY, ',D4 ': TEXAS,BEING 3 735 ACRES OUT OF THE WILLIAM PATTERSON SURVEY, L LLB ABSTRACT NO 716, C,' CITY OF WYLIE,COLLIN COUNTY,TEXAS -r?, OWNER OWNER SURVEYOR .. Parker Country Club,L P CVS Pharmacy,LLC Winkelmann 8, "Selling a portion of this addition by metes and bounds is 2101 Cedar Springs Rd One CVS Drive Associates.Inc L>-' a violation of City Ordinance a.State Law a.is sub,ect Suite 1050 Plaza 1 11 Woonsocket,R to fines and withholding of utilieesantl building p its Pn.#9723851907 (312)377-9100 Dallas,Texas 75230 p 3 050 2 OWNERS CERTIFICATE SURVEYORS CERTIFICATE 'Recommended torp a ®® STATE OF TEXAS •• STATE OF TEXAS •• COUNTY OF COLLIN .. COUNTY OF DALLAS •• e p Commission Date a II City of Wylie,Texas WHEREAS,We,CVS Pharmacy,LLC and Parker Country Club,L P are the sole owners of a tract of land u, pp eaf,const„uction E d a;kactso"nda descskeaikkeedtoPake,P°e,ryClubb,�° tuated supervision in .,; TOIIm3e y,e.as,anbb p particularly senbebasfolleand 0601a00033a5B0,Official Public Records, accordance ruimmePla p Rules and ofthe y y Plan p and Zoning p Commission Texas Dare u;: ' ii 00a.OT�m y Southeast IMINAR,ink document sh. not Pe recorded m YR eandahad not Pe used or viewed o„ef,ed of ° .i5- BEGINNING at an aluminum Texas Department of as a final corner of a tract of land described in Notice of Lis Pendens recorded in — 4 a at the County width 9 v Surveyor wththefutuaB Clerk's Instrument No Official Public Collin .r stampedkelmann 8,Associates,Inc THENCE South 0 Hillcrest Plaza Dr.25 The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies that the foregoing final plat of the [till l'°' plastic cap setformmerin 57 min corner Dallas,Texas abwtbab ,�07xa0 30 Woodbridge Centre,Phase I subdivision or addition to the City of Wylie was submitted to the City Council on the day of 2015 and the council,by formal action,then and there accepted the dedication of streets,alleys,parks, d THENCE South 00 deg 23 min 52 sec East,along the future Westerly right-of-way of said Country Club Road as easements,public places,and water and sewer lines as shown and set forth in and upon said plat and said Council described in Notice of Lis Pendens recorded in County Clerk's Instrument No 201501130037290,Official Public Records, STATE OF TEXAS further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed • Collin County,Texas,a distance 0,423 98 feet to a 1.2-inch iron rod with red plastic cap stamped"W Al"set for corner, COUNTY OF DALLAS Witness my hand this day of A D 2015 THENCE South 00 deg 46 min 45 sec continuing along the future Westerly right-of-way of said County Club Road, BEFORE ME,the undersigned authority,a notary public in and for said county and state,on this day personally appeared sai Leona me to be the person is subscribed to the ment and Parker Country Club feet rod n9 acknowledged p to me that he executed the samefort purpose andconsideationsthea�expressed • Martin and John E Martin as recorded in Volume 5453,Page 2797,Official Public Records,Collin County,Texas, City Secretary GIVEN UNDER MY HAND AND SEAL OF OFFICE This the day of _,2015 City of Wylie,Texas Z' THENCE South 89 deg 18 min 20 sec West,the South line of said Parker Country Club departing aPoso31400033 Westerly right-of-way of said Country Club Road,along comerfound for corner on the East line of a tract of land described in deed to Bradley M Webb and Elizabeth R Webb as record of saidd in Parker Colume y Club tract t 0P0„40003346Public 00)andtheNortbwastcomarofsaidMabm,ran,llin County,Texas,said point being the Southwest m and for the State oFTa�s OO deg 5B min aS sec We�,along the Wes lines ofsaid Parker Country Club tans y Commission p — aoo603Ea00033a600,2oo603,a00033a610,2oo6031400033a59oand2oo60314000334580)a distanceof84 toa1.2-inchronrodwl,ha plastic cap stamped"WA Parker Road at its recorded in intersection with OT(Texassm OA9frm fTransportation)almmu pp monument found bears South30 9 min36secE distance of THEN ESoutNTOEBEGINNING East,a p idfuture Soutright-of-way Parker Road,a distance016288 V feet toE CONTAINING within these metes and bounds 162,682 square feet or 3 735 acres o � hereon are based aaef kelbentbeE7tb y MarcbR,SutiIip PS measuremMAo grid)from NOVV,THEREFORE,KNOWN ALL MEN BY THESE PRESENTS: 8,',,-f, 6 THAT CVS Pharmacy,LLC,do hereby bind themselves and their heirs,assignees and successors of title this plat .''', 2") ° designating the hereinabove described property as CVS COUNTRY CLUB ADDITION,Lots 1,2,8,3,Block 1,an .2 1— addition to the City of Wylie,and do hereby dedicate to the public use forever the streets,alleys,and right-of-way easements shown thereon,and do hereby reserve the easement strips shown on this plat for the mutual use and accommodation of garbage collection agencies and all public utilities desiring to use or using same Any public utility ,.rD shall have the right to remove and keep removed all or part of any buildings,fences,trees,shrubs,or other improvements — ..°2 or growths that in any way endanger or interfere with the construction,maintenance or efficiency of its respective systems on any of these easement strips,and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement strips for the purpose of constructing,reconstructing,inspecting,patrolling,without the permission of anyone This plat approved subject to all platting ordinances,rules,regulations and resolutions of the City of ,Teas WITNESS,my handat Woonsocket,Rhode Island,this the day of — E015 0 CVS Pharmacy, c,a Rhode Island Corporation r o— o ToniA Mott,Assistant Secretary a U Q 0 CO m J COUNTY of PROVIDENCE •• Z r� BEFORE ME,the undersigned,a Notary Public in and for the State of Rhode Island,on this day personally appeared ! Toni A Mott,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to N me that the same was the act of the said CVS Pharmacy,Inc,a considerations therein expressed Rhode Island Corporation,and that she executed the same fort purpose and considerations d Z Given under y hand and seal of office,this y of _ 15. U O Notary Public in and for State of Rhode Island U) y Commission Expires U WITNESS,my hand at Dallas Texas this the day of _,2015 Parker Country Club,L P,a Texas limited partnership By Stephen Shattner,President/General Partner STATE OF TEXAS •• COUNTY OFDALLAS PRELIMINARY PLAT CVS COUNTRY CLUB ADDITION BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day personally appeared Stephen LOTS 1,2,&3,BLOCK E z P P Shattner,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me BEING A PL,OF a TRACTS OF LAND DESCRIBED IN DEED TO PARKER i' that the same was the act of the said Parker Country Club,L P,a Texas limited partnership,and that he executed the COUNTRY clue,L P AS RECORDED IN COUNTY CLERK'S INSTRUMENT .-•,•' 4 1 .. , 20060314000334610,OFFICIAL PUBLIC RECORDS,COLLIN COUNTY, Given under my hand and seal of office,this _day of_ _,2015 TEXAS,BEING 3 735 ACRES OUT OF THE WILLIAM PATTERSON SURVEY, 1,1'!' th ABSTRACT NO 716, C,' CITY OF WYLIE,COLLIN COUNTY,TEXAS '-‘, OWNER OWNER SURVEYOR .• Notary Inc L>j y mmbsson in antlforStateofRboaelslana SpringsEL Parker Country Club,L P CVS Pharmacy,LLC Winkelmann 8,"Selling a portion of this addition by metes and bounds is 2101 Cedar Expires b One CVS Drive Drive 2 /a violation of City Ordinance and State Law and is subject Suite 1050Woonsocket,Rhode Plaza D to fines and withholding of utilities and building p its Pb#9723851907 (312)377-9100 Dallas,Texas 75230 p 3 O50 2 OF fivp Wylie City Council AGENDA REPORT "" 4M9Mkwli. 1'+7is Meeting Date: October 27,2015 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 13,2015 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Kreymer Park, developing 151 residential lots, generally located on East Stone Road approximately 2000' south of East Brown Street. Recommendation Motion to approve a Preliminary Plat for Kreymer Park, developing 151 residential lots, generally located on East Stone Road approximately 2000' south of East Brown Street. Discussion OWNER: Amalgamated Properties,LLC ENGINEER: Dietz The property totals 45.57 acres and will create 151 single-family residential lots and three open space lots for park and recreational purposes. The subject property is part of the Kreymer Park development approved in September 2015 as a Planned Development District(PD 2015-29). The open spaces, lots 1X,2X, and 3X are dedicated to and owned by the City and will be maintained by the Kreymer Park HOA. The plat shall also dedicate necessary rights-of-way, and utility easements. The Preliminary Plat complies with the approved Development Plan & Concept which was approved with the PD for the development. Planning& Zoning Commission Discussion The Planning and Zoning Commission voted 6-0 to recommend approval, subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 CURVE TABLE CURVE LENGTH MOONS DELTA CH_BRG CH.DIST. Rear_ot Line L - - --- 800'Min. Brown St IP' .P Rear.. J v0o u.s t n y SITE i _ _. E 56P PAo Borne Roatl /// S w LOT 10 3 500 Square Foci E 5 Building Pad nl AVICINITY MAT' PF b p sncan — -__ MO —Daps Eam7 -- F�/ I m roery _. _._ / _ T--— — a. saa r — I e o. 0 s.7 - A FrW mTrva\ET WC 5�+ Pro Osed Residential Street_, R e „ L r aae sae aa e.'i '444-4r W 0 P e,a R Ir ane bz-_g 1 11-2241 TYPICAL RESIDENTIAL PAD LAYOUT r, w "W. / a 1 I Amalgamaled Properties,n y saa°a3 "'--1fo 9 S ' - / /3 /b/ / Y sz, o ,n z ,. I 1 Zr I P00 enn y inM e,Texas Park LLC • 4. I rw ins �_ q _ I 456]gcres nWil Texas -,— / .Ong- �/ /a ' /7��� ' .� L _ ¢° Proiecisamrearye n 3 / �ro ,� ,secs FFII �; 1 '� / �, 'a�'sr P I , p l..l e� s LiL -Lo_ L. . I s L Tract nl Im. yale / 9 l IDn PO S.]Peres ggE 3 L1 �.. x�° .�a �l L gig " 1 i'�1le ' � 5 rn''''' 'Digs'zoning case is 201S[9 ggi. 7 1 _� - va'^an g SS j/' ,C1-� - 6, 17. xia -+� I wam Minimum of Lon s O e s a [ - a n.nr c, / s '/ 5 lam B IQ' .38 s ixs ea ao7 0warere� )R -�` /g. / / •,L __ • a ��/ -- R�... � � �� _l� ae Lae with minimum],am ey�rerenaliw,m n ` a f l I L / / nor I '� « 1 I' rz, rL I� a I I� _ �ysa iy5{ /j $ naa>ss .,x2 p P 1 s A n,eo I '1 jg WwP 1' d 9 L 1=f �n�� ass: m� �� I� I a° 11� �-,i, �e 4__,; L 1- � ' f r2 1� PZAPPROVAL 10-06-15 nae,�:a&rn a-� e� 1- III _ 1 .:� 1 �0 1 `I �� a Jsl 0j—'+ .LI CC APPROVAL 10-27-15 I 1� ...� y a L z Nest ow �- ,65---fI if ,.o es ;a , -- e, I e a s — — — : � I � � 1I 1 m � - n s Rm � y 4 ,' CO ss � I_e L.,la Pam],,,Po _-o- ' sszae.oso _m 6500 _ar moo I_x a-_6.42, ,nL LoRM ; E_ — zl _J, szmw naa, OW OF BEGINNW6/ NORTH SCALE:1r'=100' w,,L,5 L nc 100 200 5. 400 5. i 0 PRELIMINARY PLAT OCT 08203 i KREYMER PARK PLANNED DEVELOPMENT DTI y"TMt°, NrG 0000 A,areE�w m An addition to the City of Wylie ° ° anal 0EAN0"A1NiA1ND80 EHOA Collin County, Texas g Being 45.57 acres of land OWNER/DEVELOPER: PREPARED BY: situated in the ii Amalgamated Properties,LLC dietz engineering Francisco La Pina Survey,Abst. No. 688 5055 Keller Springs Road,Suite 450 205 s.alma drive City of Wylie, Collin County, Texas Dallas,TX 75001 alien.texas.75013 (972)889.9977 September,2015 F. Sheet 1 of 4 dE03 CO �'� Zm iC � _ QWN No a °x Qc 2�ao0 ° w}a �m�t�v a3eg �1 QW UilH cvgl C IoEaeit 3 � W o ca m a ai - = I 1 _ a33= _ oa J� Z�U �NJ��� E - _ _ =9 0 UJ ,co N N p w-NN -, m U 0 o v le�.o� o LL C d N o - o Tla° a„ to - bt aE° o IL Q -o I I`� a. U• _ C sEB J 11 - - Is" ��� =x _ WU la - to A -,.'1,0l9 = 8o - - - 1� - - 1 -_ 1sa't .&� - @ - -vo o0 r; l' so a° v ¢ co ��� Y �oF Ii'n¢o (n u oc� iz i La �� v G 8H HHEao� so m } -- ztio s a �3 aE >- ��n� N XW SQ S� _ _ 2 'O l0 H Ho.�v-_ o1yoE sa Et�o - 0 itillisi °fr = = a N$ o = Um to :_ aEE _ - Emo �a9 J 7 €d vo • Olio IV 1 € � o n' FC w�'CN? =o% a (N@ev - fr 0 A_ ' 7 vP RN cuti Era -r€v 17:!xsov pi— — asHE xivHo- aoHEa S a - `�c56 ea: lLtH Tx _ Y 4 Lo $ E z€atEa„voac E� o.a m < a hu m ! z s o - °E -0- - 3E n- 47. n a _ 72 H. - Y, vEm _ Ep*aZ - 3v Y ;I' o - of -= E v - - X° E o y3 iE a- .° -L .� Uo- oa 21' - _uE -aHaE - EL owm ` - _ P _:, _o ii, T E _ _ - - _ ^E E-- as <m It Eo o_ _ mY :033'3 - - - - fog ?3°d - - Hao f N u- of - - E -3a - - o -NE - O - °cE. - E Eo of v E oH o' "E - _iH o _ EQ € E fl _E. E 32 - r - - - E - - It; 43 nl-il PI II t0, _ -_ _ _ - - - -- ,.Fr- veX v - vo € HT' Es - oEN 3v 3=0° - - wHHo v o o - BEo a�` _ - y€v 8 E= oo -- . F8E =Eo of13 - 211 m.z H06U_ ,-,to H3.-0�o roa..„_ LJ. PO, °n �.,�., �$ouz �a� � s-o ,-on �a - for DOE cv.a-sioa az a., p zz a vivid-Sad\avid-3ad\irl3aaro\e.p\zoo-od\oH\zaa�oz�\nu3z�a,a\(euyaa�,e�a.�op�rogao�n\ezuowazan\opoza.,y\s.aan\�awcu e�„o.p OF fivp p Wylie City Council AGENDA REPORT "" 4M9Mkwli. Meeting Date: October 27, 2015 Item Number: D Department: WEDC (City Secretary's Use Only) Prepared By: Angel Wygant Account Code: Date Prepared: October 16, 2015 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30, 2015. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30, 2015. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 16, 2015. Page 1 of 1 , ,, 1.0-.14-2015 013 .4.6 PM („:„:1!„.0Y OE" WEDIE P.04E3 II. SAI,A4HZE SH112T AS: (MT. FERTEMBIA .1.07.0. .2015 1111..-MLLE IUNNql0MIC DEMTI.„ COP°17 ke0MI4:1MWni TITLE ASSEI'S ,,,,..-....:- 1000...10110 „cLArm ON cAsH AN,H0 CASH 11D1U11,11'... 1,,3E1,799.72 100S-1011S CASE -- WEDC - I0w1004X)0 0„00 1000-10125 ESCROW,' 0,00 1.000.-401B0 DEPOSITS 2,000,00 1000......10191 arEBB -- MIA°„„!' CIAMRING 0,00 1000--II,.0341 "ICIECROOL 0,00 1.000.-10343 L00„°;11.0 0„00 1044--11,048„0. INTEPEST BECEILVARI°„1„'„ 0.„100 1.000-11.1S11. ACCTS ABC - 1°1SC 100.00 1000-41,517 AAN:ES ASC. - SALES TAX 0,00 1.0604--11..211.0 LEESE DAYMPNITS 0ECEON'1„10„LE 0.00 1000-1290R LOAN. LIZCEII,PABLE 71,899.80 1000-1.2997 .MNZTS BE°' ..- JTM TECH O„00 1000-1.2996 ACCTS REC. - E 6ft5H.:206,16 1000k-4411.2 'ILW.FERIMMI" - ,KikTERIAL/ SJUEE.IA' (y,no 1!pon-1,4116 IINYENTORI - LAND fi. BUILDINGS: 5,360,227„.44 101(10-1.4W,11.6 INVERN3BY. -- DAVEY)/ EANDAN RINI) 0,00 1004-,14,.„0,1t PREPAID EXPENSES --. MESA: 0,00 1000-1:..44]..a DEFERRED CHARGES B76,518,00 8,655,001-IA ToTAL ,ASSEIT„ 2,6551,8011,„,14 EJABIBITIES ..m.....„,,,,,..„,....„„„„ 2000-24114 FIMERA,L INCOME TAX PAIABLE 0„,00 2000-20111 MRDIPAAE PAYABLE 0,00 2000-20111 CMIIM SUPPORT PAYABLE 0,00 2000-101.1°..3 CABBIT UNION °PAYABLE 0,0.„O9 .",00--20114 IRS LEVY PAYABILE 01„1101N 00-20115 NATIONWIDE DEFERRED COMP O„,00 „o!!'1000-:°°!0111„16 HEALTH INSUN PAY-EMPLOYEE 0.12 2000-20117 EH RE RAYARIE 4.00 '2000-2011D EOIM IAA, PAYABLE: 0.„o1"II 2100l11u-201191 WORKERS 0,067 PAYABLE 0000.--201.20 FICA PAYABLE 70.00 , 2000--20121 TEC PAYAMIE 0,04 2000-20122 STUDEW°P LOAN LEVY' PB,IAELIE 0.00 2000--20123 AL°1„MONY NkYABLI!'° 0,00 20011.-2012A EJ004WO111ETCY IDAYABI°A 0,04 2000--20125 vAtac °Mg„FSEREO if,DDIMP 0,00 .2 0 0(1--2 0.1„2 0: I CM„A, 1°:1114„1,ABLE 40.IN 0 111a1V,,,,,, ).1..2 EI,00 , LEGAIL SE.EIVKI'1035; PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 100,00 2000--EM131 EBNAMD JONES DEklaMED COMP 0.00 2000••-20132 FMR ClUAE ELITE 12,00 2000-20.1.51 ACEAU.DD WAGES PAYABLE 0,00 ROOR-20100 ABDIT EMPLOYEE II„ESUR. NCf 0.°„00 2.040...20199 MISC. PAYROLL PAYABLE 0.„OE 2.0100--2020„0. RIR PENDING Eo!!11,572,„29 .. A SITS OF NBEIS AMEX 2 IRATANCE SHEE'T AS SAV SIATE501SE 2211TR. 3681,7 !,1 -380.1130 ECOINGXER. p738,3 700S 1C7210 AIABIENTS SIBABIF 4,0,181,62 2000-7ESAS PROPERTY TAXES NVIASIE 0„00 7800-32540 IDOTED DASAIMIA, S26,5118,00 ,7002-20010 „SIC!Il 2211003E2270 DESERREE REVENUE 228,186„78 2aon-22.2 I v DEFFREENA IIRAP IPSINEIFAL 0E28 A000-227E0 DES"EARET REVENUE - IESSE IN7' 0.00 7002-S1218 RENTAL DIESOSII7AS 2.500„00 TOTAL LIABILITIES IENIES , NE07-341E8 FUND BALANCE - RESERVES 01311 3000-285'00 FUNS BALANCE-USPESESVSENEASOB 7,315,833,02' Tolu, BEGESNING EQUITY 2,7225,803„02 "IISAIMBI REVENUE 8,224,563.2S VATEAL EXPENSES 3,,10 3„,26E,,5 3 „ RENTINVE OVERSIENTES1 SEEENFEE S20,898E20 TOTAL BORITX 2 OVERRIVIDSERII 5p896, ','28„77 BINDS 11BAN1120211ES, EQUITY 6 OVERIENDER) 0,25X2801„14 2.0 A A. 228.22 .. IAD-14--DOLL 03:49 .112N C1"00 011E NIA..„I.E. PAGIE!!, A. BALANCE !,InTEN AS OF,'. OESIEMBER 10TH, 0015 920 9SEN LONG TERM 13T.D3T (WRODA ACCOUT',4;111 TIlrIE PSSMTS AGA000, 1000A1031.2 GOVERNMENT NOTES o„.«a 1.oloo,,,,,,isl(a LOAN! - W040, OLEO 1.000-'018120 EMAN ,,,,,,. BERNAMOSRA 0...00 10.00-1,12io AMON'S TO RE PROVIDED 0.00 LOOS-182,!!'D ATRATMSHAM LOAN 0,00 ___.,..,..,................................,...,...........___.. 0,00 TOTAI ASSETS 0....00 GlIGABGAITIEE 000,,,,,A0.00 .2000-.20310 COMPENSATED ABEEACTS PAYABLE 51,906,66 2000--2.0311 COME ABSENCES PAYABLE-EVEREST 0,00 2000-0114i0 ACCRUES' INTEBE&G IPSUCABLE 0,00 1000-01206 WOAD DAMNS -'“ cmtnmwr ( 51,2,5t0,65) .SAOS--2822.0 BIRMINGHAM' LOAN 0.0CII 213MS-28130 rtmoop LOAN G„,00 2100-18234 ANB LOAN - RANDACKAIGHNIES D00.693000 .2E0E921235 AAR LOAN. U54,959,19 2000928E36 AS111113 coNsITAgalnim LOAN 0„.00 2000--.281D'il ANS. ROAD CONSTRUCTION LOAN 065,001,15 2000928238 AND LOAN .- BUCHANAN 394,296.„55 2000928219 Alfl8 LOAN - JCMEEGIGASAT RANGEI" 0,00 2000-,,,n200 FUGMES LOSAII 0000 2000-2825t CITY OE WYLIE LOAN GASA 2000-282E0 IMIIME. RUTS DOAN 0,00 USGO--2102/1[j1 BOWLAWS0AMDEFEEN LOGIN 0,00 2000-2328G CAPITAL OME cpaao LoAN 0000 2000-21,290 HOEMAISCOMNEEKM LOAM 53,1 9 8,,"74 TOTAI LiAarl(r"InEs, 1.4110611.„03 EQUITY 3000-D05AD FUND EDIANCE-DORESFAVSAVDEDIG( 20,120,904.20D . TOTAL, SEGIIDSDING FSOITS 11 20127OHM„.20) TOTAL REVASIUE 0„.00 "!EATGE EXPENSES 710,292.47) -------------- DENTAUE, OVEASUNDEWP Expewses 710,292.47 TOTAL 8100.111"11:"Y fi C41rBASAUNDEA0 ( 1,,417,611„.73 opurAL LIABIAITIES. EQUITY' i ODERS(UNDMRT 0„00 )Ott 1,,1 tt 231 5 172 t 16 Pt6 6 3062 019' WY(,3 E P.1002 t 11„ REVEN)1C „16081 E9i.PENS36 316060116 "," (tN,hit,(0.0060E0M ,1106 0.0.,r ,SE INNEMR631 0 OT 30. 2 0 3 5 p. )II"-WY)„1 OE EC 0696116 0E6E0 CC 1810 IF Y.APIC I AL ,',6(6600008'0 0011661,E1NT CURRENT PE 601R, YEAR 1 91°0 OD Y-r-D etAxaEr A OF BUIDCET 0360.4,I OD AD A Dal Lus"A„ 00,133AL, ENC.",umnRANcn BALANCE') 500.000ET 1ME3V'E06,3 6, 90161M,60660 '000.0,',05 '.,9.1 I,9 9,2..6 0 1 05,14 6„6 4 113„09 3,8 a 4,„(13a„2'9 (11,CM 1 4 3,),61„1 i 02„8 511, INTERGOVEIRNMENTAL 6101,1t) 33 0,0"0 0.Co a„,00 o„11(,',11a 2'LI)2„0 010.10 0 01,(M„) 0„00 i II!!110„,00 INTEREST I 00'C.X66 I 0,2 0.ti',0 0 1,11065,56 0,100 12..623„16 0,oa 8 36 5,0 6) i 03,2"3 143 506,61.1,414111tOUS 1.68,„0061,E )R0,0000„CR) 30 t,060,,000 0,MI 1,05)1,2 8„60 el 000 t 0,42 9„100 7 305,0") OTHER F I,il'08 NC 6 CC NO109,0 ES .1.22,36 5.6 6t 0 62,31 7.1 3 0.00 ,)„,19 6„66,2.13 P„ 7tln„) ) 381',3 1"1„1 3) 1 53„6,2 1,01T0010 RE YEN 6'1E5 3,,80 0,,,5 05,9 8 602.3')0.3,3 0„00 3,,12 4.,5020 00 0,„00 ( 2 5,3,(67 9„ )SI 1 80 6,11 EX 3100.003 666116E ,g)160616.1R2 DENELOPMEMT 0,0161ir"WEEK, 0,936,!4C"P9 6.60.0262.11!:!!J. ..... ...„.„92.P.P, "ALER#21.5li- 1 „3„,,, 6,l#.06 91),,,,.1#504,4,o, ?,5„59 Tc,',17,,y, EX PEN ID 106,310600 3,9 3 6,N!14 0„00 6 50)8 4 8„,1 5 0,80 3,,0 01 3,640.5 0 11,76?„60 02),50 4„4 1 76„,5(7 REVEVUE OVER 6 0666)616) ;10"61306)0111„190 E 6 ( 866,3550 1130 11 It 7 9 6).6 001„92 t 0.98 :1,112 0,9 95„205 f 1),,7 6")„010)) P..11 236 4 6 3„)01 35„6 8-- 10 331 2Pv1,3 fv,P, IS PHP3 v PI'PIP PPI" VP Y T,Pi; 4.33,33131,, ,P143)13,P4P44 ,P,P3111 3,33113,3,33:3343 134,4114v13,0 14,11‘34,1,07 I 11131,14) i,1 ',,,,n,i,'F,' 134 134141PM I P v ,V7,4333113, cor.,I, 3 41131,,,,IPIT 3,P1313,1114 41' 1313 I 14)17 4433,3134, 3 PIT 33 P FT P4 14'," '131tPPP11,14' 17:40P IC;IV 1,313 1,,I:,TP1301:, P4,3 1431,0,', I PIPIP 0 PIP11413,7034437 HvA I,P,10":1,3 13331)3,13'r 0PAPP,P,P3 P31)3133 4 30 1.1441 13 1333,3 4133 133374P PP314 7.213,33F,P7 PI,II ft 0„3)0 "I„00 vt,,0113 SI 33 0 11,PI IV vt,10 33 311311,1 1 P14.1 I'I PV,P,1,1433, 0:33,43 II 334 P„PP,v2, P713 3 3 S v 4 13,611 PP.PP') p„PP v,P 4 11)Jul pp+) P1 1130 1,P 1,I PP 1„7 I 9,4,Pp 3 1,041731, 01,73 I,'3 1„pst V,34"v 2 1143 1 P 5, 1,vP.33 4,4 v4,CI 4. ,PI 44 41,,H''P P 41 1 P "V 34171 1 44,L 33 I,P 1 331:4,h v 1,137.113-113P,P 333131,41/P333,14474,1 lv P PPP„ 4,100 3 P 11 G 14.0 14,4,-.Ns,,A.i c ,31,4113,371,7341,3313337 3,3334,3,„ppt,333,csit, pp pppppv31,34374,4 p 13.CIpP,1 pp 14 Al11t3,14)(1 II.414 4,110 1(114,04 Al 413 143,S3 344'31 14334 34,,H3, 13300 4 l',..w,n 3,470:P II,"4 44:343:14 Co' 1 4,33:04,I 03 Pt 33P34 34,4013 IP,1111 IP,431,3 13„OS 34,,,3 Pt CP,PI 31 4.31P)P1 4 IP I I Pl 43,1,7,11VP,140314 V) I PP T1,7314131,31' Tv431,71P4 1134)PPP 7'PO,3331 69 07 PP,,Pi 0 634 H IA 0 ,,,4 0.lc) c,„,o,,.., ,,,,,,ou 1 ,,,'',.,1^, ,00 44 e,.1,, (I.,o CI 43 II 3 P,PP) 3),031 tv 401330-3,42 I VP I 3,331131; 7,303314H 4443,1,313333:IP 1 PCP1144,33:37 1:' Plv,t33,1, I),3:34:43 :1,13:PI t) (PPP 33P„,03PP V,3 PR) 13,140 ,v,e,.r.'..vi, 1 41:341311313 S'P V 3,13 3311013 I,PP 3 P3 4 34.31 P,Iv 3,OP3',5 4,14,141,-1,4. 0 301,1137434i 1 NP:34031,3, 1 PP Pp 0 P033 PP 3 3)P'3, P 33,30341,Pt Sp Qv,3334 1 I'v,3 400,00 0,I)C1 C q•„4 CPO,C.;o'r, 3 t)",,1043 4 0 PIO 4 it 3:PI 3VP4t3,141131134t1 13TP V P v'3 313134,4,13' PPPPP 41414 v13,3333 A. 41'41/i-1114 I/3 1131,3VC1,71,1,431,431434343 444,3P,MVP, 33,1143P 3P,3331 P'',,33 3I ,,,P 8,PP:34 pp,HS 3 P3P1).(,,r,i', 4:40)33v 4 84 P3P) l,44 1 II//I 4,II,/,'„ 1I.A L14 3Ig r i'i..P A'44;i 13:13 Pt„0,4 PP.1)37 34,,37 PP PPI,413) ;,,I. r', On 1 l',,, 4111/II IIIII III 11/10 (I„ 9„.1';v..,4 ,,,."1 07,1E14 4::11/3313,7 I N3 I 35P PP IRC:1:13I 0.01)0 PI'3,C n ny 1,,4 74331,4,1,1't 71111'44 311,17v 1:431334 I, 1P4.13434 f),),110 34.t)0 0,.0 j 4,III !. 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I.76'464[DD,-r r NI", 0,1.,"P") 0.0,1,•(") I1,00 );.44,0. 0„0!..1 0„.r1 6, ,,r„,',°,)0 TJ oo 0,io 1)13.4161,461'.446)4,4 0 ,,40,46.36,0011),7, ..),,,41 36),910.013 14 30„44 1 0, 'I G 6)1- ' Wylie Econ....11c Development Corporation Inventory Subledger September 30,2015 Inventory-Land Date of Pur Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 n/a $202,045 Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934 Perry 9/13/06 707 Cooper 0.49 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 n/a 127,452 Randack 10/23/12 711-713 Cooper Dr, 1.09 217,500 8,880 400,334 Lot 2R3 7/24/14 Cooper Dr. 0.95 n/a 29,056 $1,312,672 Industrial Ct. Hughes 7/25/06 211 -2121ndustrial 0.74 209,801 10,000 420,361 R.O.W. 0.18 41,585 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284 R.O.W. 0.11 n/a 77,380 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,782 Buchanan 8/13/14 400 S. Hwy 78 1.25 68,294 12,750 503,233 Glenn 4/24/15 209 Industrial Ct 0.18 69,426 2,900 326,773 R.O.W. 0.12 n/a 1.799.398 Regency Ferrell 9/29/05 2806 F.M. 544 1.09 Demo 239,372 Sale of R.O.W. 2/14/07 -0.09 n/a -20,094 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,171 416.290 Commerce Hobart Investments 11/12/13 Commerce 1.60 n/a 156.820 Hobart 1/6/14 605 Commerce 1.07 396.263 20,000 386,380 543,200 Jackson Heath 3/17/14 104 N. Jackson 0.17 Demo 220,034 Udoh 2/12/14 109 Marble 0.17 n/a 70,330 Peddicord 12/12/14 108/110 Jackson 0.35 155,984 4,444 486,032 City Lot 12/12/14 100 W. Oak St 0.3481 nla Jones(KM) 9/3/15 106 N. Birmingham 0.21 42.314 4,125 190,596 966,992 Alan's White Property Aianis) 12/12/14 Alanis 6.63 n/a 420.336 420,336 South Ballard Birmingham Trust 6/3/15 505 S. Ballard 0.14 Demo 411,977 411,977 507 S. Ballard 0.14 Demo 601 S. Ballard 0.22 Demo 603 S. Ballard 0.15 Demo 605 S. Ballard 0.15 Demo 607 S. Ballard 0.15 Demo Total 21.37 $1,526,589 77,974 $5,870,865 $5,870,865 'A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. Wylie Economic Development Corporation Balance Sheet Sub Ledger September 30,2015 Notes Payable Date of Rate of Principal Purchase Payment Beginning Bal. Principal Interest Interest Balance September 1, 2015 2,329,832.77 ANBTX-88122627 MARTINEZ(#59 of 60) 10/28/10 $8,200.66 $15,669.89 $8,159.38 $41.28 2.95 7,510.51 ANBTX-88130968 HUGHES/RANDACK(34 of 60) 10/23/12 10,107.00 261,127.98 9,209.55 897.45 3.99 251,918.43 Hobart HOBART(#20-60 of 60) 1/6/14 5,378.30 202,317.13 202,317.13 842.99 5.00 0.00 ANBTX-88130976 WOODBRIDGE PKWY (#13 of 60) 8/15/14 13,267.93 841,128.93 11,377.49 1,890.44 2.61 829,751.44 ANBTX-88148481 BUCHANAN(#13 of 60) 8/13/14 7,331.95 326,208.50 6,307.11 1,024.84 3.77 319,901.39 ANBTX-88149711 PEDDICORD/WHITE(#9 OF 120) 12/12/14 7,382.45 683,052.56 4,991.77 2,390.68 4.20 678,060.79 ANBTX-88158043 K&M(0 of 48) 9/2/15 8,745.25 387,317.13 387,317.13 September 30,2015 $242,362.43 $7,087.68 2,474,459.69 Note: Principal and Interest payments vary by date of payment. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF OCTOBER 2015 MONTH WEDC WEDC WEDC DIFF % DIFF 2013 2014 2015 14 VS 15 14 VS 15 DECEMBER $148,500 $134,371 $154,719 $20,347 13.70% JANUARY 117,904 128,968 156,685 27,717 23.51% FEBRUARY 187,682 213,877 241,858 27,981 14.91% MARCH 139,745 121,483 171,741 50,258 41.37% APRIL 121,594 124,866 134,475 9,610 7.70% MAY 192,612 200,476 211,645 11,168 5.57% JUNE 141,328 145,137 161,426 16,289 11.22% JULY 148,763 149,537 159,973 10,436 6.98% AUGUST 180,280 193,751 216,962 23,212 11.98% SEPTEMBER 144,572 154,328 195,347 41,018 26.58% OCTOBER 137,407 152,545 160,876 8,331 5.46% NOVEMBER 193,783 213,292 Sub-Total $1,854,171 $1,932,632 $1,965,707 $246,367 14.33% AUDIT ADJ TOTAL $1,854,171 $1,932,632 $1,965,707 $246,367 14.33% WEDC SALES TAX ANALYSIS $300,000 ....-. __ ... $250,000 $200,000 1,, 11 $150,000 1 1 111I jiII I] O2014�2015� dr, $100,000 ' l J ( , 1 lot i 1111 1,, 1 1, , $50,000 I i _ 6 � m.,.. { ( f ril r i I r 11 I il 1 li I I(/ 1 V 01 l' f lif i r, I 1 „f Wylie City Council AGENDA REPORT "" 4M9Mkwli. Meeting Date: October 27, 2015 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 12, 2015 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2015. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for September 30, 2015. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2014-2015 Investment Report September 30, 2015 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,535,553.88 MMA 0.0850% Texpool 12/31/2006 NA 2 $15,054,775.95 MMA 0.0994% TexStar 3/15/2011 NA $29,590,329.83 Total Weighted Average Coupon: 0.0923% Money Markets: $29,590,329.83 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,590,329.83 Wylie City Council AGENDA REPORT "" 4M9Mkwli. Meeting Date: October 27, 2015 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 12, 2015 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2015. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for September 30, 2015. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT September 30,2015 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2014-2015 2014-2015 2014-2015 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 20,452,238 742,883 20,620,220 100.82% A FRANCHISE FEES 2,498,000 6,698 2,386,734 95.55% LICENSES AND PERMITS 638,000 62,535 1,020,124 159.89% INTERGOVERNMENTAL REV. 784,060 4,301 715,773 91.29% B SERVICE FEES 3,023,905 254,582 3,099,267 102.49% FINES AND FORFEITURES 300,000 41,429 400,566 133.52% INTEREST INCOME 3,000 696 5,792 193.07% MISCELLANEOUS INCOME 230,000 13,296 184,003 80.00% OTHER FINANCING SOURCES 2,444,855 0 2,444,855 100.00% REVENUES 30,374,058 1,126,420 30,877,334 101.66% USE OF FUND BALANCE 1,229,896 NA NA NA C USE OF CARRY-FORWARD FUNDS 67,660 NA 67,660 100.00% TOTAL REVENUES 31,671,614 NA 30,944,994 NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 102,636 7,104 76,529 74.56% CITY MANAGER 809,453 83,627 786,080 97.11% CITY SECRETARY 270,928 25,520 256,413 94.64% CITY ATTORNEY 178,000 2,723 66,320 37.26% FINANCE 993,266 116,346 970,002 97.66% FACILITIES 633,416 108,021 547,133 86.38% MUNICIPAL COURT 353,976 37,989 342,103 96.65% HUMAN RESOURCES 218,850 21,630 221,199 101.07% D PURCHASING 94,302 9,525 89,170 94.56% INFORMATION TECHNOLOGY 1,091,937 108,133 955,350 87.49% POLICE 7,348,566 871,640 7,170,181 97.57% FIRE 6,455,247 672,998 6,196,089 95.99% EMERGENCY COMMUNICATIONS 1,269,232 140,342 1,117,328 88.03% ANIMAL CONTROL 502,491 43,329 423,642 84.31% PLANNING 512,246 41,428 457,725 89.36% BUILDING INSPECTION 555,482 44,101 454,003 81.73% CODE ENFORCEMENT 238,462 20,211 203,311 85.26% STREETS 2,054,727 229,402 1,886,246 91.80% PARKS 1,906,224 238,726 1,600,139 83.94% LIBRARY 1,659,266 191,904 1,602,752 96.59% COMBINED SERVICES 4,534,256 545,972 4,314,328 95.15% TOTAL EXPENDITURES 31,782,963 3,560,671 29,736,043 E 93.56% REVENUES OVER/(UNDER)EXPENDITURES -111,349 -2,434,251 1,208,951 8.10% A. Property Tax Collections for FY14-15 as of September 30 are 100.76%,in comparison to FY13-14 for the same time period of 100.19%. B. Intergovernmental Rev: Q4(July-September)WISD reimbursements will be accrued when invoiced. C. Use of Fund Balance:For Replacement/New Fleet&Equipment and Transfer to Debt Service. D. Due to increase in number of employees utilizing the City's Tuition Reimbursement Program. E. FY'14'15 expenditures are still in the process of being finalized. CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT September 30,2015 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2014-2015 2014-2015 2014-2015 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,545,000 1,832,059 12,435,300 91.81% F INTEREST INCOME 1,400 377 2,357 168.37% MISCELLANEOUS INCOME 45,000 4,967 388,172 862.61% G OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 13,591,400 1,837,403 12,825,829 94.37% USE OF FUND BALANCE 434,000 NA NA NA H TOTAL REVENUES 14,025,400 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 423,987 37,067 287,315 67.76% UTILITIES-WATER 1,688,933 234,022 1,551,342 91.85% CITY ENGINEER 520,614 43,714 398,724 76.59% UTILITIES-SEWER 887,858 126,540 783,929 88.29% UTILITY BILLING 314,218 29,848 275,017 87.52% COMBINED SERVICES 11,191,637 142,351 10,198,891 91.13% TOTAL EXPENDITURES 15,027,247 613,542 13,495,218 I 89.80% REVENUES OVER/(UNDER)EXPENDITURES -1,001,847 1,223,861 -669,389 4.56% F.This total represents 11 months of billings. Most Utility Fund Revenue billed in October will be accrued back to FY'14-'15. G.Miscellaneous Income: Includes a check in the amount of$310,375 from NTMWD to assist with construction of the East Brown Pump Station. H. Use of Fund Balance:For Replacement/New Fleet&Equipment. I.FY'14-'15 expenditures are still in the process of being finalized. Wylie City Council �ua4Nrm , AGENDA REPORT �kAk Al�'v W 1"„ Meeting Date: October 27, 2015 Item Number: G (city Secretary's Use Only) Department: Engineering Prepared By: Engineering Account Code: Date Prepared: October 19, 2015 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, approval of Resolution No. 2015-22(R) authorizing the City Manager to execute a restated Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Recommendation Consider, and act upon, approval of Resolution No. 2015-22(R) authorizing the City Manager to execute a restated Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Discussion The 2007 Collin County Bond Program included $5,400,000 for the reconstruction of Ballard Avenue from Alanis to the Collin County line. The county previously released $365,000 for engineering and $350,000 for right of way acquisition leaving $4,685,000 available for construction. The county agreed to fund an additional $528,000 towards the construction of the project from discretionary funds. The attached restated Interlocal agreement will replace the agreement approved on April 28th for construction funding. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2015-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 27th day of October, 2015. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2015-22(R) ILA with Collin County—Construction of Ballard Ave. From Alanis Dr.to County Line 1 EXHIBIT "A" Interlocal Agreement Resolution No.2015-22(R) ILA with Collin County—Construction of Ballard Ave. From Alanis Dr.to County Line 2 RESTATED INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COUNTY LINE, BOND PROJECT#07-098 (CR 819) 2012/2013 FUNDING WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Ballard Avenue and other improvements from Alanis Drive to the County Line in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, On November 18, 2008, Collin County approved an Interlocal Agreement with the city of Wylie (CO#2008-1050-11-18) that covered $540,000 in Engineering costs; and WHEREAS, The City will not need all of the $540,000 allocated for engineering in the above mentioned ILA therefore leaving $174,400 to be applied to Construction; and WHEREAS, On June 24, 2013, Collin County approved an Interlocal Agreement with the City of Wylie(CO#2013-445-06-24) that covered $350,000 in right of way costs; and WHEREAS, On June 1, 2015, Collin County approved an Interlocal Agreement with the City of Wylie(CO#2015-288-06-01) that covered $4,684,000 in construction cost; and WHERAS, On September 21, 2015, the Collin County Commissioners Court approved the reallocation of 2007 Road and Transportation Bond Funds for additional construction cost in the amount of$528,000; and WHEREAS, This restated Interlocal Agreement will supersede and repeal Court Order #2015-288-06-01; and WHEREAS, CR 819 (Ballard Ave.) 2007 Bond Project funding was originally allocated to the county; and WHEREAS, the City and County have determined that the improvements may be constructed most economically if the project is managed by the city by means of implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. Page 1 WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Ballard Avenue, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,300 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total actual cost of the Project to be $5,400,000, which shall include land acquisition, engineering, utility relocations, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount of Funds remitted by the County for the Project activities identified in this 2012/2013 funding ILA shall not exceed $5,212,400. The Project activities and payment schedule is as follows: (a) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent(50%) of the Funds. (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (b) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (c) At the completion of the Project in its entirety, the City shall provide a final accounting of expenditures for the Project. Page 2 (d) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. Page 3 ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. ARTICLE XIII. This restated Interlocal Agreement will supersede and repeal Court Order #2015-288-06-01. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of , Page 4 2015,by the County of Collin, pursuant to Commissioners' Court Order No. . ATTEST: CITY OF WYLIE, TEXAS By: By: Name: Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: Page 5 o m Wylie City Council AGENDA REPORT ldO Meeting Date: October 27,2015 Item Number: H (City Secretary's Use Only) Department: Wylie Fire Rescue Prepared By: Purchasing Account Code: 100-5231-58510 Date Prepared: October 13,2015 Budgeted Amount: $225,000.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of a Horton Medical Unit from Professional Ambulance Services in an estimated amount of$213,364.00 through a cooperative purchasing contract with H-GAC Buy (AM10-14), and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of a Horton Medical Unit from Professional Ambulance Services in an estimated amount of $213,364.00 through a cooperative purchasing contract with H-GAC Buy (AM10-14), and authorizing the City Manager to execute any necessary documents Discussion Wylie Fire Rescue is purchasing a new medic to replace a 2003 M.I.C.U. that was purchased through East Texas Medical Center ambulance contract. That unit was a remount when WFR received it. Meaning the patient compartments were taken from another vehicle, refurbished, and mounted on a new chassis. While the chassis are approaching 100,000 miles, the rear boxes are estimated to have over 300,000 miles on them. There are many safety features on the new unit, which are not offered on the current unit, supplying additional safety to patients and firefighter/paramedics. Staff recommends the approval of the purchase of a Horton Medical Unit from Professional Ambulance Services in an estimated amount of $213,364.00 through a cooperative purchasing contract with H-GAC Buy (AM10-14), City of Wylie Agreement W2016-9-I; and authorizing the City Manager to execute any necessary documents. Page 1 of 1 Wylie City Council AGENDA REPORT ldO Meeting Date: October 27,2015 Item Number: I (City Secretary's Use Only) Department: Public Services Prepared By: Purchasing Account Code: 611-5712-58510 Date Prepared: October 16,2015 Budgeted Amount: $67,000 Exhibits: Subject Consider, and act upon, the approval of the purchase of a 2 Ton Terrastar Utility Truck from Southwest International Trucks Inc. in the estimated amount of$63,006.65 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement #430-13, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of a 2 Ton Terrastar Utility Truck from Southwest International Trucks Inc. in the estimated amount of$63,003.65 through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement #430-13, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of a 2 Ton Terrastar Utility Truck from Southwest International Trucks Inc. in the estimated amount of $63,006.65 for the Water Department/Public Works. This truck will be used to facilitate repairs in the water distribution system. The City is authorized to purchase from the Buy Board Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2016-12-I). Page 1 of 1 Wylie City Council ...y�sRj�W4h AGENDA REPORT Meeting Date: October 27,2015 Item Number: J (City Secretary's Use Only) Department: Purchasing Prepared By: Purchasing Account Code: 100-various Date Prepared: October 20,2015 Budgeted Amount: $157,000.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of Dodge Ram trucks from Grapevine DCJ, LLC in the estimated amount of $157,000.00 through a cooperative purchasing contract with Tarrant County, Texas (#2015-107), and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of Dodge Ram trucks from Grapevine DCJ, LLC in the estimated amount of $157,000.00 through a cooperative purchasing contract with Tarrant County, Texas (#2015-107), and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of one (1) 1/2 Ton and three (3) 3/4 Ton trucks for Parks 4B through the use of a cooperative purchasing contract with Tarrant County, #2015-107. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2016-17-I). Page 1 of 1 Wylie City Council AGENDA REPORT Meeting Date: October 27,2015 Item Number: K (City Secretary's Use Only) Department: Purchasing Prepared By: Purchasing Account Code: 100-various Date Prepared: October 20,2015 Budgeted Amount: $56,000.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of Dodge Ram trucks from Grapevine DCJ, LLC in the estimated amount of $56,000.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#430-13), and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of Dodge Ram trucks from Grapevine DCJ, LLC in the estimated amount of $56,000.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#430-13), and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of two (2) 1/2 Ton trucks for Engineering and Streets (Stormwater) through the use of a cooperative purchasing contract with Buy Board. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter F of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (Wylie Agreement#W2016-18-I). Page 1 of 1 OF fivp Wylie City Council AGENDA REPORT "" 4M9Mkwli. F ,+ ii4S7is Meeting Date: October 27,2015 Item Number: L Department: Public Services (City Secretary's Use Only) Prepared By: Shohn Rodgers Account Code: Date Prepared: 10-19-20151 Budgeted Amount: Correspondence from Creekside Exhibits: Estates HOA Subject Consider, and act upon, accepting a donation to the City in the amount of $30,000.00 by the Creekside Estates Homeowner's Association for the construction of a new playground at Creekside Estates Park. Recommendation Motion to recommend accepting a donation to the City in the amount of $30,000.00 by the Creekside Estates Homeowner's Association for the construction of a new playground at Creekside Estates Park. Discussion The Creekside Estates Homeowner's Association approached the Parks Division this last Spring with an offer to donate $30,000.00 to the City for the construction of a playground on the park land near the corner of N Peggy Loftice Drive and Nathan Drive. The HOA requested that the donation be matched by the City. At the time this offer was made, no funds were available for a match. The FY 2015-2016 budget includes an allocation in the West Zone Park Land Acquisition and Improvement Fund to allow the City to match the donation and proceed with construction of a playground and related amenities(benches,picnic tables) at the site. A preliminary estimated project budget is as follows: Playground Structure(including installation): $37,500.00 Park Benches(2): 800.00 Litter Receptacle: 450.00 Shade Structure 9,000.00 Picnic Table: 800.00 Solar Lighting: 11,000.00 Safety Surfacing: 3,750.00 Concrete (playground border) 2,750.00 Total: $66,050.00 Playground equipment is normally available via BuyBoard contract pricing. Should this item be approved, staff will return with any future agenda item(s)necessary to authorize the purchase(s). Per Ordinance No. 2005-57, § 1, 10-25-2005, the City Council must approve any donation with a value exceeding $5,000.00. Page 1 Estates at Creekside Owners Association 3102 Oak Lawn Avenue, Suite 202 Dallas, Texas 75219 TEL: 214 871 9700 FAX: 214 889 9980 March 20, 2015 Mr. Shohn Rogers City of Wylie Parks and Recreation Department 949 Hensley St. Wylie, TX 75098 Dear Shohn, The Residents and the Home Owners Association(HOA) of The Creekside Estates Neighborhood are pleased to inform the City of Wylie and the Parks and Recreation Department that we have approved a gift of$30,000 to be applied to the installation of a new playground area within the Creekside Estates neighborhood. The $30,000 gift has been budgeted with the following conditions: ➢ The new playground area would be built near the Water Tower at the corner of Peggy Loftice Drive and Nathan Drive. ➢ The funds are to be considered matching funds; funding from the City of Wylie towards this requested project that is less than$30,000 will require approval from the HOA of Creekside Estates for a final contribution amount. ➢ The HOA of Creekside Estates would like the opportunity for a representative to be included in discussions and plans of the playground design. ➢ The Creekside Estates HOA will provide payment upon the review of a"conceptual" plan-o-gram or drawing and final cost of the project for approvals. ➢ The HOA of Creekside Estates would also like to include the installment of a plaque on the site, noting the partnership between the City of Wylie and Creekside Estates Home Owners Association. Please advise us on the proper steps to move this requested project forward. The HOA of Creekside Estates would like this requested project to be considered in the city's 2015-2016 fiscal year. The HOA of Creekside Estates is prepared to present our gift and request to Mayor Eric Hogue, City Manager Mindy Manson, and the Wylie City Council. As always,we look forward in working with the city and appreciate the time and effort you are directing to this community project. Please contact me directly with any questions. Sincerely, Wylie City Council AGENDA REPORT ldO Meeting Date: October 27,2015 Item Number: 1 (City Secretary's Use Only) Department: City Manager Prepared By: Jeff Butters Account Code: NA Date Prepared: October 7,2015 Budgeted Amount: Access Agreement,resolution, Exhibits: EPA comfort letter Subject Consider, and act upon, Resolution No. 2015-23(R), a Resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager to execute the consent for access to property between Wylie and the Environmental Protection Agency concerning access to property located at 900 W. Kirby, Wylie, Texas 75098; Further authorizing the City Manager to take and all other actions necessary to effectuate the same; and providing for an effective date hereof. Recommendation Motion to approve Resolution No. 2015-23(R), a resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager to execute the consent for access to property between Wylie and the Environmental Protection Agency concerning access to property located at 900 W. Kirby, Wylie, Texas 75098; Further authorizing the City Manager to take and all other actions necessary to effectuate the same; and providing for an effective date hereof. Discussion The consent to access is necessary for the EPA to conduct clean-up and hazardous waste mitigation operations at 900 W. Kirby. Page 1 of 1 RESOLUTION NO. 2015-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT FOR ACCESS TO PROPERTY BETWEEN WYLIE AND THE ENVIRONMENTAL PROTECTION AGENCY CONCERNING ACCESS TO PROPERTY LOCATED AT 900 W. KIRBY, WYLIE, TEXAS 75098; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") and its citizens to approve the Consent for Access to Property Agreement between Wylie and the Environmental Protection Agency ("Consent"), concerning access to property located at 900 W. Kirby, Wylie, Texas 75098, for the purpose of permitting the Environmental Protection Agency to comply with its response and enforcement responsibilities under the Comprehensive Environmental Response, Compensation and Liability Act, codified at 42 U.S.C. § 9601 et seq. WHEREAS, the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to authorize the City Manager to execute the Consent and to take any and all other actions necessary to effectuate the Annexation Agreements. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2: Authority of City Manager to Execute Consent. The City Manager is hereby authorized to execute the Consent and to take any and all other actions necessary to effectuate the same. The form of the Consent is attached hereto as Exhibit A and incorporated herein for all purposes. Should the final executed version of the Consent be revised from the version attached as Exhibit A, such final executed version shall replace Exhibit A of this Resolution for all purposes. SECTION 3. Effective Date. This Resolution is effective immediately upon its passage. [The remainder of this page intentionally left blank.] Resolution No. 2015-23(R) Access to property located at 900 W. Kirby Rd. ,Wylie DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on the 27th day of October, 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2015-23(R) Access to property located at 900 W. Kirby Rd. ,Wylie Exhibit A Consent CONSENT FOR ACCESS TO PROPERTY Name: Address of Property: I , consent to officers, employees, and authorized representatives of the United States Environmental Protection Agency ("EPA") entering and having continued access to my property for the following purposes: - the taking of such soil, water, and air samples as may be determined to be necessary; - the sampling of any solids or liquids released, discharged, spilled, stored or disposed of on site; - the drilling of holes and installation of monitoring wells for subsurface investigation; - other actions related to the investigation of surface, subsurface, surface water, and/or ground water contamination; - the taking of a response action, including,but not limited to, a removal action and/or spill response action,remedial investigation and feasibility study, an engineering evaluation and cost analysis, a remedial design and remedial action, including,but not limited to, the excavation and removal of any contaminated soil, the removal of any contaminated structures, drums, equipment and/or material, and the removal of any oil, liquids, solids or sludges from waters of the U.S. I realize that these actions by EPA are undertaken pursuant to its response and enforcement responsibilities under the Comprehensive Environmental Response, Compensation and Liability Act("CERCLA" or"Superfund"), codified at 42 U.S.C. Section 9601 et seq. I acknowledge that I am the person authorized to grant consent for access. This written permission is given by me voluntarily with knowledge of my right to refuse and without threats or promises of any kind. Date: Signature: Resolution No. 2015-23(R) Access to property located at 900 W. Kirby Rd. ,Wylie , UNIOTEL Si H TES ENVROM FNTAL PROTEC11ON AGENCY 7 R 17,(3 VON 4 IR 0 S S VENUE, SUITE 1200 7'r DAL,,,AS X Pr202-2/33 RI Mr. Arturo D. Rodriguez, Jr. September 9 , 2015 Russell & Rodriguez, LLP 1633 Williams Drive Building 2, Suite 200 Georgetown, TX 78628 RE: Chemical Recycling Inc., Superfund Site, 802 Kirby Street, Wylie, Texas City of Wylie, Texas Dear Mr. Rodriguez: I am writing in response to your electronic correspondence to me, dated August 12, 2015, concerning the property referenced above (the "Property"). In your correspondence, you described your client's (the City of Wylie) intentions to acquire the Property as a result of tax delinquency and to assist the U.S. Environmental Protection Agency ("EPA") in gaining voluntary access to perform a time-critical removal action of lead-contaminated soil at the Property. Your correspondence requested a comfort/status letter from the EPA. The purpose of this comfort/status letter is to provide you with information the EPA has about the Property and applicable Agency policies, as of the date of this letter. We hope the information in this letter enables the Cit) of Wylie to make informed decisions as it moves forward with the acquisition of the Property. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA. commonly referred to as Superfund), the EPA's mission is to protect human health and the environment from the risks posed by contaminated or potentially contaminated lands. In doing so, it is an Agency priority to return lands to productive reuse. The EPA views the City's intention to acquire and foreclose on the abandoned property as a positive step to achieve the EPA's mission. Property Status Information on hazardous waste sites is contained in the Comprehensive Environmental Response, CompenSation, and Liability Information System (CERCLIS). Site-specific documents and fact sheets, if available, can be accessed through CERCLIS at www.epa.gov/superfund/sites/cursites/index.htm. The Property, at 802 Kirby Street, Wylie, Texas, is situated within the Chemical,Recycling Inc., Superfund Site (-Site"). This Site is located in CERCLIS, but is not on the National Priorities List (NPL). For the reasons stated below, the EPA is addressing the Site under its Superfund authority. nL,,,q not Arirlo-9 J 0 tp r;; r,//renic[n( FlecydecURecyckthle* voqi VegII I[ )(X) ri,(';,,,c1,4 6,,,Apc ch,i,rrinc, tuo History and Status of the Site The Chemical Recycling, Inc., Superfund. Site includes a former reclamation facility of approximately five (5) acres that received spent halogenated and non-halogenated solvents for recycling. It generated still bottoms as a byproduct of its reclamation process and used the still bottoms to construct experimental roads on site. In February, 1989, the EPA performed a Site Investigation and ..found the facility consisted of distillation processing equipment, twenty (20) bulk storage tanks and approximately 1,500 55- gallon steel drums, most of which may have contained still bottoms. The Site Investigation also found experimental roads constructed on the Site property made with spent solvents and still bottoms. In 1989.. . the EPA issued an Administrative Order on Consent ("AC C") for a Time- Critical Removal Action in which multiple potentially responsible parties ("PRPs") agreed to perform. The PRPs completed the removal action at the Site in 1990. In the Summer of 2014, the EPA performed a Removal Site Evaluation ("RSE"). The results of the summer 201.4 sampling event indicated elevated levels of lead in the soil, prompting the EPA to issue an Action Memorandum on April 20, '2015, for another Time-Critical Removal Action. (201.5 Action Memo). The 2015 Action Memo provides for the excavation and removal of lead- contaminated soils within the Site to the indu.strial-lead level of 800 ppm. More comprehensive information regarding the Site is available in the attached Action Memoranda. Involuntary Acquisition and Reuse of the Property Based on the information provided to the EPA, the EPA understands that the City of Wylie intends to take involuntary acquisition of the Property. The EPA further understands the involuntary acquisition will assist in providing the EPA with voluntary access to address the need for a Time-Critical Removal Action. The City has expressed its intention to later sell the • property for light industrial or commercial development after EPA completes the Time-Critical Removal Action, which is an appropriate and protective future use for the Property. The following paragraph discusses local government's involuntary acquisition of contaminated properties. Local governments play an important role in facilitating the cleanup and redevelopment of properties contaminated by hazardous substances. Therefore it is important to note that, while an "owner or operator" of contaminated property is generally liable under Section 107 of CERCLA, the statutory definition of these terms does not include a municipality that acquires title to property involuntarily, unless the municipality causes or contributes to the release or threat of release of hazardous substances from the property. In instances where a municipality takes title to a property through involuntary acquisition - tax delinquency proceedings, bankruptcy, abandonment, etc. .- it is exempted from CERCLA liability as an owner or operator unless the municipality causes or contributes to the release or threat of release of hazardous substances from the property. The municipality can then lease, transfer, or sell the property to a third party without additional CERCLA liability concerns. 2 The lPA has made a determination to perform a Time-Critical Removal at the Property which, when completed, will enable the Property to be ready for light industrial or commercial land use subject to applicable local zoning ordinances and all otherwise applicable laws. Further information regarding involuntary municipal acquisitions of contaminated property is provided in the enclosed EPA memorandum entitled "Policy on Interpreting CERCLA Provisions Addressing Lenders and Involuntary Acquisitions by Government" and the "Municipal Immunity from CERCLA Liability for Property Acquired through Involuntary State Acquisition." CERCLA's Exclusion to the "Owner/Operator" Definition Section 10.1(20)(A) of CERCLA provides in part as follows: "The term 'owner or operator' means... in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand." Section 1.01.POO) further clarifies the definition of"owner or operator" by adding the. following specific exclusion to the definition: "The term 'owner or operator' does not include a unit of State or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under section 007] of this title." The exclusionary provision provides that a local entity who acquires title to the property through. tax delinquency falls outside the definition of an "owner or operator" and is therefore protected from CHRCLA liability. Conclusion EPA generally issues comfort/status letters to facilitate the cleanup and reuse of contaminated or formerly contaminated properties. '.11.is comfort/status letter is intended to help the City of Wylie make informed decisions by providing it with the information that the EPA has about the Property and by identifying the statutory protections, resources and tools that may be potentially available at the Property. This letter is not otherwise intended to limit or affect the EPA's authority under CERCLA or any other law or provide a release .from CERCLA liability. The EPA encourages you to consult with legal counsel and the appropriate state, tribal or local environmental protection agency before taking any action to acquire, clean up, or redevelop potentially contaminated property. It is the City of Wylie's responsibility to ensure that the proposed use of the Property complies with any federal, state, local, and/or tribal laws or requirements that may apply. The EPA recommends that you and your client consult with your own environmental professional to obtain advice on the compatibility of the proposed reuse. The EPA remains dedicated to supporting the reuse of contaminated properties and hopes the information in this letter is useful to you and your client. If you have any additional questions or wish to discuss this information further, please feel free to contact me at (214) 665-8035 or by e- mail at Quinones.Edwin4epa.gov. Sincerely, / Edwin Quinones Assistant Regional Counsel Enclosures (2) cc: (Without Enclosures) Texas Commission on Environmental Quality: Omar Valdez Monica Harris Charmaine Backens 4 C>�y PF_ty'p Wylie City Council Or AGENDA REPORT Meeting Date: October 27,2015 Item Number: 2 Department: Animal Control (City Secretary's Use Only) Prepared By: Shelia Patton Account Code: 100-5251-52250 Date Prepared: October 7,2015 Budgeted Amount: $20,000 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2015-36, amending Ordinance No. 2009-12 (Consolidated Fee Ordinance) and Section V. (Impounding, Boarding, and Adoption Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances; Providing for a repealing savings and severability clauses: providing for an effective date of this Ordinance. Recommendation Motion to approve Ordinance No. 2015-36, an Ordinance of the City of Wylie, Texas amending Ordinance No. 2009-12 (Consolidated Fee Ordinance) and Section V. (Impounding, Boarding, and Adoption Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances; Providing for a repealing savings and severability clauses:providing for an effective date of this Ordinance. Discussion Currently the adoption fee is $25.00 and a$50.00 voucher fee to be paid by the adopter if the animal is not sterilized. This $50.00 voucher is utilized by the adopter to assist with the cost of sterilization of the adopted animal at their veterinarian. After adoption citizens must get any and all necessary vaccines and sterilization and then provide proof of such to the Animal Control. This is inefficient for citizens, who have to make multiple trips back to the shelter, and animal shelter staff,who often have to chase down the required proof. This amendment will allow us to work with a low cost provider to have adoptable animals sterilized, microchipped, and vaccinated in advance of the adoption. The suggested fee schedule includes a $95.00 adoption fee for animals which are sterilized, microchipped and given age appropriate vaccines prior to adoption. This price includes services provided by the low cost provider to animals of the City of Wylie Animal Control prior to adoption such as transport, pulling retained baby teeth, open hernia repairs and undescended testicles during the sterilization process. The suggested fee schedule also allows for same $25.00 fee when animals are already sterilized at time of impoundment. The suggested fee schedule allows for the same $25.00 adoption fee and a $50.00 voucher fee paid by adopters when puppies or kittens are too young to be sterilized or others that for may not qualify for sterilization at time of adoption. The necessary funds were budgeted in this fiscal year budget to allow for this program. Page 1 of 1 ORDINANCE NO. 2015-36 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2009-12 (CONSOLIDATED FEE ORDINANCE) AND SECTION V. (IMPOUNDING, BOARDING, AND ADOPTION FEES) OF APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Ordinance No. 2009-12 establishing a fee schedule ("Comprehensive Fee Ordinance") for the City of Wylie, Texas ("Wylie"); and WHEREAS, the Comprehensive Fee Ordinance includes fees for Impounding, Boarding and Adopting of animals: and WHEREAS, the City Council has investigated and determined that is will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2009-12 (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, as set forth herein. Section V (Impounding, Boarding and Adoption fees). 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 Section V (Impounding, Boarding and Adoption fees) of Ordinance No. 2009-12(Consolidated Fee Ordinance) as follows; V. Impoundment, Boarding and Adoption Fees C. Adoption Fee. Kittens,puppies and other animals not sterilized at time of adoption will include a $50.00 voucher for sterilization $75.00 Dogs and cats previously sterilized at time of impoundment .... $25.00 Dogs and cats....sterilized, microchipped, age appropriate vaccines (by the City of Wylie).... $95.00 (Ord. No. 2013-26, § 2, 6-25-2013) SECTION 3: Penalty Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the 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 4: Savings/Repealing Clause. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 27th day of October, 2015. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary DATE(S)OF PUBLICATION: November 4`h, 2015, WYLIE NEWS