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01-26-2016 (City Council) Agenda Packet Wylie City Council CITY OF W LIE NOTICE OF MEETING Regular Meeting Agenda January 26, 2016 — 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 Ill 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 to the City of a donation of $13,370.49 from the Wylie Advocates for Senior Activities (WASA) as a contribution toward the purchase of an intercom system for the Wylie Senior Recreation Center. (R. Diaz, Parks and Recreation Superintendent) • Proclamation declaring the week of February 15tb—Wylie ISD Education Foundation Week January 26,2016 Wylie City Council Regular Meeting Agenda Page 2 of 5 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. 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 January 12, 2016 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon, Resolution No. 2016-02(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, ordering the General Election to be administered by the Collin County Elections Administrator and the City of Wylie on May 7, 2016, for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of the Wylie City Council, to hold office for a period of three (3) years; Designating locations of polling places; Designating filing deadlines; Ordering Notices of Election to be given as prescribed by law in connection with such election. (C. Ehrlich, City Secretary) C. Consider and act upon, Resolution No. 2016-03(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, appointing election officials for the General Election on May 7, 2016,for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of the Wylie City Council. (C. Ehrlich, City Secretary) D. Consider and act upon, approval of a Final Plat creating 57 single family residential lots and 3 open space lots on 28.019 acres for the Braddock Place Phase 5 Subdivision, generally located west of FM 544 at the Vinson/County Line road split. (R. 011ie, Development Services Director) E. Consider and act upon, a motion to approve Ordinance No.2016-01 an Ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, adding article VII (Municipal Setting Designations) to chapter 42 (Environment); Providing for Municipal Setting Designations to prohibit the use of groundwater in designated areas; amending the Code of Ordinances to add Section XIII (MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule) for the purpose of establishing an MSD Application Fee; Providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. (J. Butters, Asst. City Manager) F. Consider and act upon, a motion to approve Resolution No.2016-04(R) of the City Council of the City of Wylie, Texas, authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the City to enter into a contract for electricity: Authorizing Mindy Manson or Jeff Butters to execute an electric supply agreement for the deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the City's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. J. Butters, Asst. City Manager) January 26,2016 Wylie City Council Regular Meeting Agenda Page 3 of 5 G. Consider and place on file, the City of Wylie Monthly Investment Report for December 31, 2015. (L. Bantz, Finance Director) H. Consider and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31,2015. (L. Bantz, Finance Director) L Consider and act upon, the request from the Run for Heroes Event for a vendor fair at Olde City Park on April 2, 2016, with rain date of April 9, 2016. (R. Diaz, Parks & Recreation Superintendent) J. Consider and act upon, approval of Ordinance 2016-02 establishing the maximum speed limits on East Brown Street proceeding from SH 78 to WA Allen Boulevard. (C. Holsted, City Engineer) K. Consider and place on file, the Animal Shelter Advisory Board report to City Council regarding the meeting held on January 13,2016. (S. Patton, Animal Control Supervisor) REGULAR AGENDA 1. Hold the 2nd Public Hearing for the annexation of an approximate 1.207 mile segment of Pleasant Valley Road from Elm Grove to the Dallas County Line. 2016-01A (R. 011ie, Development Services Director) Executive Summary This annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been"orphaned"by the abutting city (or cities) that they serve in that they have been left unincorporated. 2. Hold a Public Hearing and consider, and act upon, approval of a Replat for Arbor Acres, Block A,Lot 1R-2,to create one commercial lot on 2.077 acres,located at 16 Steel Road. (R. 011ie, Development Services Director) Executive Summary The property totals 2.077 acres and will create one commercial lot. A portion of the subject property is zoned PD2011-10-1 while the remaining portion is zoned Light Industrial. 3. Consider and act upon, the acceptance of the resignation of William Hiney and to appoint a new member to the Zoning Board of Adjustment for the unexpired term of June 2014 to June 2016(R. 011ie, Development Services Director) Executive Summary Staff is requesting the appointment of a new Zoning Board of Adjustment member to replace Mr. William Hiney,who has recently resigned his position as of January 18,2016(letter attached). 4. Consider and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2014-2015 after a presentation by the audit firm of Weaver L.L.P. (L. Bantz, Finance Director) January 26,2016 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver has performed an audit as of September 30,2015. This is the second year for the audit to be performed by Weaver after their selection to continue as the City's independent auditors following an RFP process done during 2014. Prior to that Weaver had served as the City's auditors for six years. Mr. John DeBurro, Senior Audit Manager with Weaver will briefly present the CAFR, including the Independent Auditors' Report and answer any questions that the City Council may have regarding the report. Presentation of the Wylie Economic Development Corporation Annual Report. 5. Consider and place on file, the 2015 Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Director) Executive Summary As per the WEDC By-laws, each year the WEDC must present to the Wylie City Council its Annual Report. The Report is attached for your review. 6. Consider and act upon, approval of Resolution 2016-05(R) authorizing the City Manager to execute an Interiocai Agreement with the North Texas Municipal Water District concerning the reconstruction of Eubanks Lane from SH 78 to the NTMWD entrance. (C. Holsted, City Engineer) Executive Summary The North Texas Municipal Water District(NTMWD) has multiple entrances into their property and plant site with the main truck entrance being located on Eubanks Lane just north of the railroad crossing. The westbound SH 78 to northbound Eubanks turn is difficult for large trucks to navigate, and as a result, they are currently using Spring Creek and Centennial to access Eubanks and the main truck entrance. Also, due to the amount of trucks using Eubanks,the paving is in poor condition and requires constant maintenance by our public works department. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • City Manager Evaluation (M. Manson, City Manager) January 26,2016 Wylie City Council Regular Meeting Agenda Page 5 of 5 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 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 January 22, 2016 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 11( Wylie City Council CITY OF WYLI Minutes City Council Meeting Tuesday, January 12, 2016 — 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 Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilwoman Candy Arrington, Councilman Todd Wintters, Councilwoman Diane Culver, Councilman David Dahl, and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Development Services Director, Renae 011ie; City Engineer, Chris Hoisted; Finance Director, Linda Bantz; Fire Chief, Brent Parker; Police Chief, Anthony Henderson; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Stephens gave the Invocation and Councilman Wintters led the Pledge of Allegiance. PRESENTATIONS • Proposal for a Wylie Community Band (Mike Lipe, WISD Fine Arts Director) Mike Lipe addressed Council stating that he and other musicians were interested in starting a Wylie Community Band. He explained some of the benefits of the Community Band including performances at City sponsored events and community concerts. 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. Minutes January 12, 2016 Wylie City Council Page 1 Chad Engbrock, representing the Wylie News, reminded those present to cast votes for the "Best of Wylie" to honor a variety of local businesses and service oriented individuals each year. 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 December 8, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2015. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30,2015. (L. Bantz, Finance Director) D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30, 2015. (S. Satterwhite, WEDC Director) Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Wintters to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold the 1st Public Hearing for the annexation of an approximate 1.207 mile segment of Pleasant Valley Road from Elm Grove to the Dallas County Line. 2016-01A (R. 011ie, Development Services Director) Staff Comments Development Services Director Renae 011ie addressed Council stating that this annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities), and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. City Engineer Hoisted explained Dallas County currently has $1 million available to start the design of the reconstruction of Pleasant Valley Road from the county line south to Merritt Road in Sachse. They require the roadway to be annexed to move forward with the design. Dallas County also requires a 50% match which would be approximately$500,000 from Wylie and $500,000 from Sachse and an agreement will be presented at a future meeting. The project is expected to receive funding in the 2017 Dallas County call for projects, and construction funds would be available in 2021. Staff will be working with Dallas County and the City of Sachse to submit the project to NCTCOG for construction funding. Dallas County has agreed to perform some maintenance on the roadway prior to turning it over to Wylie. Minutes January 12, 2016 Wylie City Council Page 2 Public Hearinci Mayor Hogue opened the first of two public hearings on the annexation (2016-01A) asking anyone present wishing to address Council to come forward. No one was present wishing to address Council during the public hearing. Mayor Hogue closed the public hearing at 6:29 p.m. Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052(h)(2) and 43.063 of the Local Government Code. Notice published for Public Hearings December 23, 2015 and January 6, 2016 First Public Hearing January 12, 2016 Second Public Hearing January 26, 2016 Adoption of Ordinance February 9, 2016 2. Consider, and act upon, Resolution No. 2016-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. Ehrlich explained the Wylie News and the DMN NeighborsGo both meet the criteria for the Official Newspaper as provided by the statute. The NeighborsGo provides the most cost efficient legal notice fees while the Wylie News reports the highest circulation numbers. Mayor Hogue announced Councilman William Whitney had filed the proper paperwork for a Conflict of Interest regarding this item and was abstaining from discussion and action on Item #2. Councilman Whitney left the chambers. Mayor Hogue asked what publications were required to be published in the official newspaper. Ehrlich explained that all captions of ordinances, notices, including Zoning and Zoning Board of Adjustment notices and other matters required to be published by the charter, or by City ordinances, or by the constitution and laws of the State of Texas, shall be published in the official newspaper. Mayor Hogue asked City Manager Manson to explain the circulation reports. Manson reported the reports were placed at the dais and show the circulation of the Dallas Morning News in the 75098 zip code going to all three counties. This is for the Wednesday and Sunday edition of the NeighborsGo. Also provided are the circulation numbers from the Wylie News including the statement of ownership management and circulation. She explained there was a question on the circulation numbers provided by the Wylie News which show both "enhanced" and subscriber numbers. Mayor Hogue asked what the enhanced circulation numbers were. Manson reported she was not sure. Mayor Hogue asked Manson what the Official Newspaper meant. Manson replied from a staff standpoint the meaning is the requirement to publish legal notices; from the public perspective it is where you would look for news and information relating the city activities. Mayor Hogue asked how the City's relationship Minutes January 12, 2016 Wylie City Council Page 3 was with the Wylie News. Manson replied that there was not a lot of interaction; periodically one of the staff members would call with a question but not a lot of communication. Mayor Hogue asked Public Information Officer Kelly how the press releases are perceived by the Wylie News. Kelly stated that some are received and published while others are not published. Mayor Hogue asked which paper he had a better rapport with? Kelly replied the DMN NeighborsGo has been very good in covering a lot of the community information and printing photographs, which I believe people are interested in learning more about. Councilwoman Culver noted there were discrepancies in the circulation numbers for the Wylie News. Council Motion A motion was made by Councilwoman Culver to adopt Resolution No. 2016-01(R) establishing the DMN NeighborsGo as the Official Newspaper for 2016. The motion died for lack of a second. Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Arrington to adopt Resolution No. 2016-01(R) establishing the Wylie News as the Official Newspaper for 2016. A vote was taken and the motion passed 4-2-1 with Mayor Hogue, Mayor pro tem Stephens, Councilman Wintters, and Councilwoman Arrington voting for and Councilwoman Culver and Councilman Dahl voting against with Councilman Whitney abstaining. (Affidavit of Conflict of Interest on file). Mayor Hogue asked Chad Engbrock, owner of the Wylie News, to work with staff to repair any relationship issues from the past. He stated that he believed the Wylie Newspaper should be the official newspaper but believed the two parties needed to work together. Mayor Hogue asked the City Manager to place this item on another agenda for review in six months. WORK SESSION • Discuss a potential multi-family mixed-use development on approximately 33 acres, generally located east of S.H. 78 and south of Alanis Drive. OM Housing. (R. 011ie, Development Services Director) Renae 011ie, Development Services Director, addressed Council stating that OM Housing (applicant) approached the City with a request to develop a mixed use center with senior housing and retail/commercial uses on approximately 33 acres located on the east side of S.H. 78 south of Alanis Drive, 15 acres currently zoned Multi-Family, with the remaining zoned Agriculture. The proposed use will consist of approximately 140 units of senior housing on 8 acres, retail pads on 1.8 acres, retail strip center on 2.8 acres, and the balance being distributed between garden offices and townhomes. The applicant is also proposing 9.8 acres of parkland. There is a significant amount of flood plain. The applicant states that the project cannot proceed without the Tax Credit funding, and to secure the funding, the project will require a resolution of support only and no local funding is Minutes January 12, 2016 Wylie City Council Page 4 required. Pursuant to requirements set forth by the Texas Department of Housing and Community Affairs ("TDHCA"), a resolution of support is required as a firm commitment from the City. The project will be restricted to occupancy by Senior citizens of age 55 and older. Deepak Sulakhe and Jason Lain, representing OM Housing, presented their proposal asking for a resolution in support of the project in order to apply for tax credits through TDHCA. Mayor Hogue advised members of the Council to contact the City Manager directly if they wished to place a resolution on an upcoming agenda. • Update, discussion and direction regarding the December 16th NTMWD Member City Meeting on Board Governance. (M. Manson, City Manager) Mayor Hogue and City Manager Manson addressed Council stating that On December 16, 2015 a meeting was held for the NTMWD member cities that was attended generally by the Mayor, or other councilmembers, and the city manager of each city. The purpose of the meeting was to discuss the governance issue raised by some member cities who believe that their appointed members to the NTWMD Board of Directors serve at the will of the respective city councils. The Mayor reported it has been the position of the NTMWD based on their legal counsel and a prior Attorney General's opinion that the Board Members represent the cities but serve the District and are therefore not subject to replacement by the cities prior to the end of their term. City Manager Manson reported cities were mixed in regard to the process for removal of board members and noted if the rules for appointment/dismissal were changed, it would more than likely take a legislative change in order to revise them. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:38 p.m. ADJOURNMENT A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens, to adjourn the meeting at 7:40 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes January 12, 2016 Wylie City Council Page 5 Wylie City Council CITY O?AiF WYLIE AGENDA REPORT Meeting Date: January 26, 2016 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: January 18, 2016 Budgeted Amount: Exhibits: Resolution,Notice & Calendar Subject Consider and act upon, Resolution No. 2016-02(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, ordering the General Election to be administered by the Collin County Elections Administrator and the City of Wylie on May 7, 2016, for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of the Wylie City Council, to hold office for a period of three (3) years; Designating locations of polling places; Designating filing deadlines; Ordering Notices of Election to be given as prescribed by law in connection with such election. Recommendation A motion to approve, Resolution No. 2016-02(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, ordering the General Election to be administered by the Collin County Elections Administrator and the City of Wylie on May 7, 2016, for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of the Wylie City Council, to hold office for a period of three (3) years; Designating locations of polling places; Designating filing deadlines; Ordering Notices of Election to be given as prescribed by law in connection with such election. Discussion The offices of(2) City Council members,Places 1 and 3,will expire in May of 2016. By the proposed Resolution, the City Council will order a General Election to be held on May 7, 2016. There will be one election for two Council seats,Place 1 and Place 3, for the Wylie City Council positions appearing on one ballot. This Resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations and deadlines for filing. Early voting by personal appearance shall be available at the main locations: Collin County Elections Administration, 2010 Redbud Blvd #102, McKinney, Texas (for voters in Collin County), and the Wylie Municipal Complex (Smith Public Library), 300 Country Club Road, Building 300, Wylie, Texas (for all Wylie voters) beginning on Monday, April 25, 2016 through Tuesday, May 3, 2016. Extended hours are stipulated in the Resolution and notice. Applications for a ballot by mail for Collin County voters shall be requested from and mailed to Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd. #102, McKinney, Texas 75069. Applications for a ballot by mail for Dallas and Rockwall County voters shall be requested from and mailed to City of Wylie, Attn: Carole Ehrlich, City Secretary, 300 Country Club Road, Bldg. 100, Wylie, Texas 75098. Applications for ballots by mail must be received no later than the close of business on April 26, 2016. This Resolution and notice of election will be posted and published in accordance with the Texas Election Code. The Election Day polling will be held at the Smith Public Library. The Notice of Election and 2016 Election Calendar are attached for your review. Page 1 of 1 RESOLUTION NO. 2016-02(R) RESOLUCION NO. 2016-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN,DALLAS AND ROCKWALL COUNTIES,TEXAS,ORDERING THE GENERAL ELECTION TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR AND THE CITY OF WYLIE ON MAY 7,2016,FOR THE PURPOSE OF ELECTING THE POSITIONS OF TWO (2) MEMBERS (PLACE 1 AND PLACE 3) OF THE WYLIE CITY COUNCIL, TO HOLD OFFICE FOR A PERIOD OF THREE (3) YEARS; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. UNA RESOLUTION DEL CONCILIO DE LA CIUDAD DE WYLIE, CONDADOSDE COLLIN,DALLAS YROCKWALL, TEXAS, ORDENANDO LA ELECCION GENERAL QUE SE LLEVARA ADMINISTRADA POR EL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE COLLIN YLA CIUDAD DE WYLIE EL DIA 7 DE MAYO,2016, CON EL PROPOSITO DE ELEJIR LA POSICIONDOS(2)MIEMBROS(LUGAR 1 YLUGAR 3)PARA EL CONCILIO DE LA CIUDAD DE WYLIE PARA MANTENER EL PUESTO POR UN PERIOD() DE TRES ANOS; DESIGNAR LOCALES PARA LOS CENTROS ELECTORALES; DESIGNAR FECHA DE TERMINACION PARA REGISTRACION; ORDENAR QUE SE DEN NOTIFICACIONES DE ELECCION COMO PRESCRITO POR LA LEY EN CONEXION CON TAL ELECCION; Y DESIGNANDO JUECES DE ELECCION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: AHORA,POR LO TANTO,SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE WYLIE, TEXAS, QUE: SECTION 1: An election is hereby ordered to be held on Saturday, May 7, 2016, for the purpose of electing two(2)Council Members to fill the following expiring terms on the Wylie City Council: Place 1 and Place 3. SECCION 1: Una election es por el presente ordenada que se llevara el sabado, 7 de Mayo, 2016, con el proposito de elejir dos (2) miembros del Concilio para el Lugar 1 y el Lugar 3 del Concilio de la Ciudad de Wylie; cual su termino ha expirado. SECTION 2: The Election Day polling place where qualified voters shall cast ballots in the Resolution No.2016-02(R) Page 1 of 4 Ordering May 7,2016 General Election 682486 City of Wylie for the 2016 General Municipal Election is as follows: SECCION 2: El local de los centros electoral donde los votantes calificados votaran el dia de la eleccion de la Eleccion Municipal General del 2016 de la Ciudad de Wylie, son los siguientes: Polling Place Smith Public Library 300 Country Club Road, Bldg. 300 Wylie, Texas 75098 Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. El centro electoral estaraabierto de las 7:00 a.m. a las 7:00 p.m. el dia de la eleccion. SECTION 3: Early voting by personal appearance shall be available at the Smith Public Library, 300 Country Club Road, Bldg. 300, Wylie, Texas 75098. Early voting will begin on Monday, April 25, 2016 and continue through Tuesday, May 3, 2016 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, April 30, 2016 from 8:00 a.m. to 5:00 p.m. and Monday, May 2, 2016 and Tuesday,May 3, 2016 from 7:00 a.m. to 7:00 p.m. For Collin County voters, applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration, Attn: Bruce Sherbet 2010 Redbud Blvd #102, McKinney, Texas 75069 or election@collincountytx.gov . For Dallas County and Rockwall County voters, applications for ballot by mail shall be requested from and mailed to the City of Wylie,Attn: Carole Ehrlich,City Secretary,300 Country Club Road,Bldg. 100, Wylie, Texas 75098 or carole.ehrlich@wylietexas.gov Applications for ballots by mail must be received no later than the close of business on April 26, 2016. SECCION 3: Votacion temprana por apariencia personal sera disponible en el Centro Municipal de la Ciudad de Wylie (Biblioteca), 300 Country Club Road, Edificio 300, Wylie, Texas. Votacion temprana empieza el lunes, 25 de abril, 2016 hasta el martes, 3 de mayo, 2016, durante las horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el sabado, 30 de abril, 2016, de 8:00 a.m. a 5:00 p.m.,y el lunes, 2 de mayo, 2016 y martes, 3 de mayo, 2016 de 7:00 a.m. a 7:00 p.m. Para votantes en el condado de Collin, las solicitudes para boletos de votacion por correo deben ser pedidas y enviadas por correo a Collin County Elections Administration, Attn: Bruce Sherbet, 2010 Redbud Blvd #102, McKinney, Texas 75069 election@collincountytx.gov. Para votantes en los condados de Dallas y Rockwall, las solicitudes para boletos de votacion por correo deben ser pedidas y enviadas por correo a City of Wylie,Attn: Carole Ehrlich, City Secretary, 300 Country Club Road, Bldg. 100, Wylie, Texas 75098 carole.ehrlich@wylietexas.gov. Solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 26 de abril, 2016. Resolution No.2016-02(R) Page 2 of 4 Ordering May 7,2016 General Election 682486 SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing periods for the General Election for the Council seats, Place 1 and Place 3, are as follows: SECCION 4: Candidatos deben registrarse para un lugar especifico y adherir consiguientemente a la fecha final de registracion.Paquetes para candidato estan disponibles en la Oficina de la Secretaria de la Ciudad. Los periodos para registracion del candidato para la Eleccion General para los Lugares del Concilio 1 y 3 son los siguientes: General Election Filing Council Seats Places 1 and 3 Registracion para la Eleccion General de los Lugares de Concilios 1 y 3 Beginning: January 20, 2016 at 8:00 a.m. Ending: February 19, 2016 at 5:00 p.m. Empezando: 20 de enero, 2016 a las 8:00 a.m. Terminando:19 de febrero, 2016 a las 5:00 p.m. Candidates must file in the City Secretary's Office located at 300 Country Club Road, Building 100, Wylie, Texas 75098. Candidatos deben archivar sus paquetes en la Oficina de la Secretaria de la Ciudad localizada en 300 Country Club Road,Edificio 100, Wylie, Texas 75098. SECTION 5: Direct Record Electronic(DRE)voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Paper ballots shall be used for early voting by mail. SECCION 5:Maquinas electronicas de registracion directa para votacion seran utilizadas en esta election para votacion temprana en persona y para votacion el dia de la eleccion. Boletos de papel seran utilizados para votacion temprana por correo. SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post,in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The election,including providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECCION 6: La Secretaria de la Ciudad esta por el presente autorizada y dirigida a publican y/o anunciar la hora y manera como prescrito por la ley, todas las notificaciones requeridas que sean publicadas y/o anunciadas en conexion con la conducta de esta eleccion. La eleccion, incluyendo dar aviso de la eleccion, deben ser conducidas de acuerdo con el Codigo de Eleccion de Texas y otras leyes aplicables, y todo residente calificado y registrado votante de la Ciudad debe ser elegible para votar en la eleccion. Resolution No.2016-02(R) Page 3 of 4 Ordering May 7,2016 General Election 682486 SECTION 7: The Mayor and the City Secretary of the City, in consultation with the City Attorney,are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. SECCION 7: El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad,por el presente estan autorizados y dirigidos de tomar cualquier y toda action necesaria para estar en conformidad con las provisioner del Codigo de Eleccion de Texas y cualquier otra ley del estado o federal para llevar acabo y conducir la election, aunque sea o no sea expresamente autorizado en esto. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas, and Rockwall Counties, Texas, on this the 26th day of January, 2016. DEBIDAMENTE PASADO Y APROBADO por el Concilio de la Ciudad de Wylie, Condados de Collin, Dallas,y Rockwall, Texas, este dia 26 de enero, 2016. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2016-02(R) Page 4 of 4 Ordering May 7,2016 General Election 682486 , 2016. Se da aviso por la presente que la Ciudad de Wylie, Condado de Collin Rockwall y Dallas,Estado de Texas, ha ordenado una Eleccion General que se llevara acabo el 7 de mayo, 2016 con el proposito de elejir y dos(2) miembros del Concilio para el Lugar 1 y el Lugar 3 del Concilio de la Ciudad de Wylie;cual su termino ha expirado. Los centros electorales apuntados abajo estarkn abiertos de 7:00 a.m. -7:00 p.m. el 7 de mayo,2016. CANDIDATE FILING SCHEDULE HORARIO PARA LA CLASIFICACION DEL CANDIDATO General Election Filing Council members for Places 1 and 3 Extiediente de la eleccion general tiara miembros del concilio del Puesto 1 y 3 January 20,2016 at 8:00 a.m.—February 19,2016 at 5:00 p.m. Empezando e120 de enero,2016 a las 8:00 a.m.hasta las 5:00 p.m.el 19 de Febrero,2016 LOCATIONS OF POLLING PLACES (LOCALES DE LOS CENTROS ELECTORALES) Smith Public Library 300 Country Club Road,Building 300 Wylie, Texas 75098 EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED AT THE FOLLOWING LOCATIONS: (VOTACION TEMPRANA POR APARIENCIA PERSONAL SE CONDUCIRA EN LOS PROXIMOS LOCALES:) Main Early Voting location-Collin County Voters: Early Voting-All Wylie Voters(Dallas, Collin County Elections Administration Office Rockwall,Collin) 2010 Redbud Blvd.#102 Smith Public Library McKinney,Texas 75069 300 Country Club Road,Bldg.300 Wylie,Texas 75098 Local principal de votacion temprana: Local para votacion temprana: Condado de Collin Smith Public Library Administracion de elecciones del Condado de Collin 300 Country Club Drive,Bldg.300 2010 Redbud Blvd.#102 Wylie,Texas 75098 McKinney,Texas 75069 Collin County voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. Los votantes del Condado Collin pueden votar en cualquiera de los lugares adicionales de votacion abiertos en virtud de los servicios contratados completos con la Administracion de Elecciones del Condado de Collin. You may vote beginning on Monday,April 25,2016 and continuing through Tuesday,May 3,2016 during the normal working hours of 8:00 a.m.to 5:00 p.m. with extended voting hours on Saturday,April 30,2016 from 8:00 a.m. to 5:00 p.m. and Monday, May 2, 2016 and Tuesday, May 3, 2016 from 7:00 a.m.to 7:00 p.m. (Usted puede votar empezando el lunes,25 de abril, 2016 hasta el martes, 3de mayo, 2016, durante las horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el sabado, 30 de abril, 2016, de 8:00 a.m. a 5:00 p.m.,y el lunes, 2 de mayo, 2016 y martes, 3 de mayo, 2016 de 7:00 a.m. a 7:00 p.m. Applications for ballot by mail shall be mailed to: (Solicitudes para boletos de votacion por correo deben ser enviadas a) For Collin County voters For Dallas County and Rockwall County voters Collin County Elections Administration City of Wylie Attn:Bruce Sherbet Attn: Carole Ehrlich,City Secretary 2010 Redbud Blvd.#102 300 Country Club Road,Bldg. 100 McKinney,Texas 75069 Wylie,Texas 7509 election(a�collincountytx.gov carole.ehrlich(a�wylietexas.gov Applications for ballots by mail must be received no later than the close of business on April 26,2016. (Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 26 de abril,2016.) Issued this the 26th day of Janualy,2016 by the Wylie City Council (Publicado este 26th de enero,2016 por el Concilio de la Ciudad de Wylie) Signature ofPresiding Officer(Oficial que) Election Calendar For a City's General Election on May 7, 2016 This calendar indicates the dates for actions necessary in a general election of city officers to be held on May 7, 2016. It includes all major actions for which the Election Code prescribes a specific date or deadline for performance, but it does not include all actions (e.g.,preparation of ballot boxes and other election equipment and of sets of precinct election forms) for which the beginning date for performance can vary from one city to another depending on local factors. Each city secretary should use the chart in M §9.02 of the Texas Municipal Election Law Manual in conjunction with this calendar to fill in those dates on the city secretary's personal election calendar created in accordance with local conditions [see M §9.03]. The city secretary's personal calendar should also reflect dates that the city secretary prefers in place of the discretionary dates recommended in this calendar. Column 5 indicates the time interval between the date of the action and election day. For example, the notation 50th in the entry for March 18 means that the day for beginning mandatory office hours is the 50`h day before election day;the notation"+5"in the entry for May 12 means that the last day for receiving a ballot from outside the United States is the 5th day after election day. When there is a statutory provision prescribing the last day for the performance of an act, the number in Column 5 reflects that day. If the statutory day must be moved because of a Saturday,Sunday,or state or national holiday,the resulting date is designated in Columns 1 and 2, and Column 5 indicates,in parentheses and italics, the actual number of days measured from election day. In preparing a personal calendar,the city secretary should remember the rule in EC§1.006 that if the last day for performance of an action falls on a Saturday, Sunday, or a state or national holiday, the deadline date is usually extended to the next regular business day whether the day is a city holiday or not[see M§2.16(a)]. When a deadline is extended for this reason, the extended date is used for determining other dates that are calculated in relation to the event of the extended date. Exceptions are noted in this calendar. Major steps are in ALL CAPS. Steps for early voting are in ITALICS. By or With Manual Date Action Whom Taken Ref.§ Column 5 Dec 21 LAST DAY to begin posting on bulletin board City Secretary 11.05(f) 138th the notice of the dates of the filing period for the general election. (30 days before first day to file application for a place on the ballot). SOS has ruled that notice must contain location where applications will be received. Jan 4 Obtain a supply of the following forms: City Secretary 7.11 *124th candidate's application for place on ballot; et seq. appointment of campaign treasurer(candidate 18.10 and specific-purpose committee); report of contributions and expenditures (candidate- officeholder and specific-purpose committee); application for mail ballot, and a set of administrative forms if ordered from a supply house. (Set up schedule for ordering precinct sets and other forms if they are to be ordered later.) *An asterisk in Column 5 indicates the time stated is not required by statute. vii ELECTION LAW MANUAL 2015 By or With Manual Date Action Whom Taken Ref.§ Column 5 Jan 4-29 Review recommendation for following steps City Secretary and 9.02 *124th listed in M §9.02 for possible needed or City Council 14.03 thru desired action: Steps 1 through 5 (revising *99th election precincts; designating polling places; changing method of voting if equipment is available but not adopted for use or if acquisition of equipment by city is desired); Step 12 (establishing or changing terms of election judges). Jan 15 Last day for timely filing of semi-annual report City 18.05 Jan 15 of contributions and expenditures. Secretary GENERAL ELECTION Jan 20 FIRST DAY FOR FILING APPLICATION for City 11.05 108th place on ballot. This is the 30th day before Secretary filing deadline. Jan 20 FIRST DAY FOR FILING DECLARATION OF City 11.10 108th WRITE-IN CANDIDACY. Secretary Jan 25- Recommended period for CALLING Mayor HI 10.02 *103rd Feb 9 ELECTION AND POSTING NOTICE OF 10.03 thru ELECTION on bulletin board. 10.12 *88th Feb 8 LAST DAY for small city in small county to City 7.07(d),(e), (f) 90th provide secretary of state notice of intent to Secretary (89rh) use exception to accessibility requirements or show undue burden, if required. 90th day is on Sun. This action is extended to Mon, Feb 8 (89th day). Feb 9 Recommended LAST DAY FOR ORDER City Council 3.07 *88th DESIGNATING ELECTION PRECINCTS AND POLLING PLACES. Feb 16 Remove candidate's name from ballot if the City 11.25(a) 81st candidate dies on or before Feb 16(day before Secretary the 2nd day before filing deadline). GENERAL ELECTION Feb 19 STATUTORY LAST DAY FOR ORDERING MayorIll 10.04 78th ELECTION.[2] Feb 19 LAST DAY FOR FILING APPLICATION FOR City 11.05(a) 78th PLACE ON BALLOT (must be received by 5 Secretary 11.06 p.m.). City Secretary's office should stay open until 5 p.m. Feb 22 Recommended beginning date for preliminary City 4.08 *75th work on appointment of election judges. Secretary Feb 22 Recommended last day to POST 72 HOUR City 8.06 *75th NOTICE OF DRAWING for order of names on Secretary ballot. Must be posted at least 72 hours preceding the time of the drawing. *An asterisk in Column 5 indicates the time stated is not required by statute. viii 2015 MAY 2016 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref.§ Column 5 Feb 23 LAST DAY FOR A WRITE-IN CANDIDATE to City 11.10(b) 74th declare candidacy in the GENERAL or Secretary SPECIAL election. (If a special election has not been called by this date, and a write-in declaration is received, contact the secretary of state for advice.) Feb 24 LAST DAY for a ballot candidate in general City 8.05(b) 73rd election to withdraw(withdrawal request must Secretary 11.22 be received by 5 p.m.). LAST DAY that a 11.23 declaration of ineligibility causes omission of 11.24 candidate's name from ballot. (These deadlines occur on the 5th day after the filing deadline.) City secretary's office should stay open until 5 p.m. Feb Recommended period to CONDUCT City 8.06 *72nd 25-29 DRAWING FOR ORDER OF NAMES ON Secretary thru BALLOT. Prepare ballot format and send it to *68th printer. Feb 26 LAST DAY for a write-in candidate to withdraw City 11.22(b) 71 St in general election and have name removed Secretary from write-in list. The statute does not state a time, so the deadline is midnight. Feb 27 LAST DAY to order a SPECIAL ELECTION to City Council 13.06 70th fill a vacancy so that the filing deadline will be City the 62nd day before election day. This date Secretary remains on Sat because it is not the last day to order a special election. Mar 7 If a SPECIAL ELECTION to fill a vacancy is City 13.06 62nd held in conjunction with the general election, Secretary (61s) and the SPECIAL ELECTION was called on or before the 70th day before the election,this is the LAST DAY FOR FILING AN APPLICA- TION for a place on the ballot in the SPECIAL ELECTION. 62nd day is on Sunday. This action is extended to Mon, Mar 7,the 61 St day.. Mar 8 LAST DAY TO DELIVER NOTICE TO THE City Council 10.16 60th COUNTY CLERK AND VOTER REGISTRAR (City Secretary) of each county in which the election will be held. Mar 8 First day of the period Texas Ethics Commis- City Secretary/Texas 18.01 60th sion will defer investigation until after election Ethics Commission (or runoff) if an allegation is filed. Mar 11 Extended deadline to file for a place on the City 11.05 57th ballot in a city office having a 4-year term if no Secretary one has filed by 5 p.m. on Feb 19 (must be received by 5 p.m.). *An asterisk in Column 5 indicates the time stated is not required by statute. ix ELECTION LAW MANUAL 2015 By or With Manual Date Action Whom Taken Ref.§ Column 5 Mar 11 If a SPECIAL ELECTION to fill a vacancy is City 8.05(b) 57th held in conjunction with the general election, Secretary 11.22 and the SPECIAL ELECTION was called on or 11.24 before the 70th day before the election,this is the LAST DAY for candidate in the special election to withdraw(withdrawal request must be received by 5 p.m.). LAST DAY that a declaration of ineligibility causes omission of candidate's name from ballot. Mar 14- Recommended period for APPOINTING City Councilm 4.03 *54th 25 ELECTION JUDGES.[21 (Schedule for first 4.04 thru council meeting after period if no meeting 4.05 *43rd during period.) See M§10.15 on giving notice to election judges. Mar 17 RECOMMENDED DATE TO PRINT BALLOTS City 8.16 *51 st which have been prepared earlier. Secretary Mar 18 Beginning date of period for mandatory office City 2.15 50th hours. Secretary Mar 22 Last day to order a SPECIAL ELECTION to fill City 13.06 46th a vacancy unless a law outside the EC Secretary provides for an earlier date. Mar 23 FIRST DAY TO MAIL EARLY BALLOTS, IF City 16.57 45th AVAILABLE. Note the roster of persons Secretary mailed ballots is not available to the public until the first business day after election day[See M §16.56(g)]. Mar 28 If a SPECIAL ELECTION to fill a vacancy is held in City Council 13.06(a)(2) 40th conjunction with the general election, and the SPECIAL ELECTION was called after the 70th day before the election, this is the LAST DAY FOR FILING AN APPLICATION for a place on the ballot in the SPECIAL ELECTION. Mar 30 Last day to mail balloting materials for early City 16.57 38th voting by mail, to persons whose applications Secretary were accepted 8 days or more before the 45th day. Apr 4 LAST DAY for a candidate in a SPECIAL City 11.24(b) 35th ELECTION with a filing deadline of the 40th day,to Secretary (33rd) withdraw or be declared ineligible and have name removed from the ballot.The 35th day is Sat,Apr 2. The deadline is moved to Mon,Apr 4,the 33rd day. Apr 7 Due date for filing first report of campaign City 18.06 30th contributions and expenditures by opposed Secretary candidates and specific-purpose committees supporting oropposing opposed candidates by 5 p.m. or midnight if filed electronically. City secretary's office should stay open until 5 p.m. Apr 7 Last day for submitting voter registration Registrar 6.23(g) 30th application in time to vote at the election or for 6.25(b) requesting transfer of registration in time to vote in new precinct not in the same county and territory. *An asterisk in Column 5 indicates the time stated is not required by statute. x 2015 MAY 2016 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref.§ Column 5 Apr 7- PERIOD FOR PUBLISHING NOTICE OF Mayor M 10.12 30th 27 ELECTION.Must be published at least once in 20.04 thru a newspaper during this period. 10th Apr 7 Minimum 10th day to begin posting continuous City 16.72 30th notice if signature verification committee meets Secretary Apr 17. Apr 7 Recommended last day to notify presiding Mayor 10.15 *30`h judges of duty to hold election. Apr 7 Recommended last day to request voter City 6.32(d) *30`h registrar to prepare lists of registered voters Secretary 6.35 and furnish statement of residence forms to be 7.42 used in conducting the election. Apr 15 Recommended last day to request waiver of City 9.45 *22nd partial manual recount of electronically counted Secretary ballots if the secretary of state has not already issued a waiver. Apr 15-28 Possible period for posting notice amending City 16.22(k) 22nd notice of branch early voting polling places. Secretary thru 9th Apr 16 LAST DAY for POSTING NOTICE OF City 10.12(c) 21st (Apr 15 ELECTION on bulletin board for posting Secretary[1] Recom- notices of city council meetings. The 21 st day mended) is on Sat. Technically, the notice can be delayed until Mon, Apr 18, but it is better practice to post no later than Fri,Apr 15,which is the 22nd day before the election. Apr 17 First day a signature verification committee City 16.72 20th may begin work. Secretary Apr 18 Last day for unregistered applicant to submit a City 17.02(a) 20th federal postcard application and be eligible to Secretary & (d) (19th) vote a full ballot.. (The 20th day before the election is Sun, Apr 17. The deadline is extended so that if the application is placed in the mail by Mon, Apr 18, it is timely.) Apr 19 Recommended last day for publication of City 7.40 18th notice of the test of automatic tabulating and Secretary DRE equipment to be used in early voting if the test is on Apr 22. (Notice for tabulating equipment must be 48 hours before date of test. Notice for DRE equipment must be 48 hours before test begins.) Apr 19 Last day early voting clerk, upon receipt of City 16.53(c) 18th defective early voting application,must mail2nd Secretary application with explanation of defects and instructions. Apr 20 Last day to begin posting continuous notice of City 16.22(k) 17`h schedule for branch early voting polling places. Secretary (5`h day before beginning of early voting by personal appearance.) *An asterisk in Column 5 indicates the time stated is not required by statute. xi ELECTION LAW MANUAL 2015 By or With Manual Date Action Whom Taken Ref.§ Column 5 Apr 22 Last day to receive application from voter City 16.51(e)(5) 15th delivered in person for a ballot to be voted by Secretary mail (by close of business). This is the last business day before the beginning of early voting by personal appearance. Apr 22 Last day for conducting first test of automatic City 7.40(c)& (d) 15th tabulating and DRE equipment to be used for Secretary early voting (at least 48 hours before it is used). Apr22 STATUTORY DEADLINE FOR NOTIFYING Mayor 10.15(a) 15th JUDGES OF DUTY TO HOLD THE ELECTION. Apr 22 Last day to challenge write-in candidate for City 11.10(i) 15th compliance. Secretary Apr 24 First day cities holding joint election with City 16.74(a) 13th county having population of 100,000 or more Secretary may convene the early voting ballot board to process mail ballots. 24-hour notice must be posted for each delivery of voting materials made before election day. If notice require- ments have been followed, the board may process the materials but may not count the ballots until after the end of the period of early voting by personal appearance. (9th day before end of early voting by personal appearance.) Apr 25 FIRST DAY FOR EARLY VOTING BY City 16.21 12th PERSONAL APPEARANCE. If voting will be Secretary 16.22(d) & (i) conducted on Sat or Sun, Apr 30 or May 1, notice of schedule must be posted at least 72 hours before first hour of the weekend voting. (The city council must designate 2 weekdays that early voting will be conducted for 12 hours.) Apr 25 First day for new illness or disability allowing Voter 17.16 12`h late application for late (emergency) early voting. Apr 26 Last day to receive application by mail fora City 16.51(d) 1 1 th ballot to be voted by mail, including an FPCA, Secretary 17.02(b) by 12 noon or close of business, whichever is later. Apr 27 LAST DAY FOR PUBLICATION OF NOTICE Mayor HI 10.12 10th OF ELECTION. Apr 29 Due date for filing second report of campaign City 18.06(c) 8th contributions and expenditures by 5 p.m. or Secretary 18.08(a) midnight if filed electronically. & (c ) May 1 Last day for publication of notice of first test of City 7.40(d) 6th automatic tabulating equipment to be used at Secretary a polling place if the first test is on May 4. (48 hours before date of test.) *An asterisk in Column 5 indicates the time stated is not required by statute. xii 2015 MAY 2016 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref.§ Column 5 May 1 Last day for publication of notice of first test of City 7.38(d) 6th DRE equipment to be used at a polling place Secretary if the first test is on May 4. Notice must be published at least 48 hours before test begins for DRE's. To assure 48 hours before test begins, notice should be published by 3rd day before date of test. NOTE: Even though May 1 is a Sun, these deadlines are not moved because these notices are contingent on testing being conducted on May 4. Tests and notices could be delayed, but this is not advisable. May 2 Last day for publication of notice of first test of City 7.40(b) & 5th automatic tabulating equipment to be used at Secretary (d) a central counting station if the first test is on May 5. (48 hours before date of test.) May 2 First day for death in family to qualify for late City 17.31 5th (emergency) early voting. Secretary May 3 LAST DAY OF REGULAR EARLY VOTING BY City 16.21(c) 4th PERSONAL APPEARANCE. Secretary May 3 Recommended day for first test of automatic City Secretary 7.40(d) *4th tabulating equipment to be used at a polling place or central counting station and DRE equipment to be used at a polling place. If tests are conducted on this recommended day, make sure all notices have been published. See entries for May 1 and 2 for deadlines for notice publication. May As soon as early voting is over, and until 7:00 City 16.74(a) & (c) 4th thru 3-7 p.m. May 7, early voting materials may be Secretary close of delivered to the early voting ballot board if polls notice requirements have been followed. The board may process the materials but may not count the ballots until polls open on election day; unless the election is held jointly with a county with population of 100,000 or more, in which case, ballots may be counted. May 4 Last day to receive an application to cancel City 16.59(a) 3rd mail ballot without also returning the ballot.. Secretary May 4 Last day for conducting first test of automatic City 7.40(c)& (d) 3rd tabulating equipment to be used at a polling Secretary place (at least 48 hours before used for counting on election day). To assure 48 hours before 7 a.m. of election day, test must be by 3rd day. Notice must be published at least 48 hours before date of test. *An asterisk in Column 5 indicates the time stated is not required by statute. Xiii ELECTION LAW MANUAL 2015 By or With Manual Date Action Whom Taken Ref.§ Column 5 May 4 Last day for conducting first test of DRE City Secretary 7.38(d)(1)& 3rd equipment to be used at a polling place or (2) central counting station (at least 48 hours before voting begins on election day). To assure 48 hours before 7 am of election day, test must be by 3rd day. Notice must be published at least 48 hours before test begins for DREs. May Period to apply for late (emergency) early City 17.33 3rd 4-6 voting because of death in family May 4 or Secretary thru 1st later. Requires absence from county on election day. May Recommended time to prepare list of City 16.76 *3rd 4-6 registered voters for early voting ballot board Secretary 16.83(a) thru 1st if more than one early voting polling place. A new law for 2016 requires the early voting clerk to mark the names on the list of registered voters of persons who voted early before this list is delivered to the precinct election judges. 3rd thru May Period to apply for late (emergency) early City 17.17 Election 4-7 voting because of illness or disability Secretary Day, originating on or after Apr 25. 5 p.m. May 5 Last day for first test of automatic tabulating Presiding Judge 7.40(b) 2nd equipment to be used at a central counting station. Notice must be published at least 48 hours before date of test. May 6 Last day to deliver precinct list of registered City 7.47(b) 1st voters with the early voting voters marked, to Secretary 16.83(j) presiding judges and recommended date for delivery of supplies to presiding judges. May 6 Recommended date for delivery of equipment City 7.48 *1 St to polling places (statutory deadline is 6 a.m. Secretary on election day). May 6 RECOMMENDED DAY TO POST NOTICE OF City 9.42(b) *1st COUNCIL MEETING to canvass the returns if Secretary canvass will be on 3rd day after election.Notice must be posted at least 72 hours before time of meeting. May 6 Last day to submit an application (by close of City 17.33(b) 1st business) for and vote a ballot by personal Secretary appearance due to death in immediate family that occurred May 4 or later. May 7 ELECTION DAY. Polls are open 7 a.m. to 7 City 17.41 E Day p.m. Voting by sick or disabled voters at main Secretary early voting place, 7 a.m. to 7 p.m., where electronic voting systems are used at precinct polling place. May 7 7 a.m. to 7 p.m.early voting clerk's office must City 9.23 E Day remain open for early voting activities. Secretary *An asterisk in Column 5 indicates the time stated is not required by statute. xiv 2015 MAY 2016 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref.§ Column 5 May 7 5 p.m. deadline for late applications for ballots City 17.16 E Day from voters who became ill or disabled Apr 25 Secretary 17.17 or later. May 7 Deliver early voting ballots,etc.,to early voting City 16.73(a) E Day ballot board. Second key to ballot box is Secretary delivered by chief of police or marshal. May 7 7 pm deadline for receiving ballots from voters City 17.17 E Day who became ill or disabled Apr 25 or later. Secretary May 7 7 pm deadline for receiving early voting mail City 9.23(c) E Day ballots.After regular mail delivery, check mail Secretary 16.58(a) box for early voting mail ballots. May 7 Receive precinct records, voted ballots, etc. City 9.33(d) E Day (Chief of police or marshal receives keys to Secretary 9.34 ballot boxes containing voted ballots.) Mayor May 7 UNOFFICIAL TABULATION OF RESULTS. City 9.35 E Day Secretary May 9 First day for public access to early voting by City 9.49(d) +2 mail roster and applications and for mailed Secretary 16.56(g) early voting ballot materials. EXCEPTION: 16.522(f) Roster and materials for voters who submitted an annual ABBM are not available for public access until afterthe last election for which the annual application applies. May 9 Last day to deliver provisional ballots to Voter City 9.41(a) +2 Registrar of each county in which city is Secretary located. May 10 Provide Official STATEMENT OF ELECTED City 12.32(d) *+3 OFFICER NOT APPOINTED BY THE Secretary GOVERNOR and OATH OF OFFICE to candidates who appear to have won, or may win. These are now Secretary of State Forms 2201 and 2204.These are provided at this time for information.They must be signed after the canvass. May Period during which early voting ballot board Early Voting 16.74(f)(1) +3 thru 10-16 may meet to count ballots received from Ballot Board +9 outside the United States if the early voting clerk certifies that all ballots mailed from outside the United States have been received. May PERIOD FOR OFFICIAL CANVASS. Mayor City Council/City 9.42(b) +3 thru 10-18 sets exact day and hour. City secretary Secretary 9.44 +11 records results in election register as soon as practicable after canvass.[Canvass may occur before 11`h day only if all FPCA ballots have been received and the EVVB has completed the count of provisional ballots.] May Completion before canvass of report of early City 16.87 +3 thru 10-18 votes cast for each candidate or measure, by Secretary +11 election precinct. *An asterisk in Column 5 indicates the time stated is not required by statute. xv ELECTION LAW MANUAL 2015 By or With Manual Date Action Whom Taken Ref.§ Column 5 May AFTER CANVASS,ISSUE CERTIFICATE OF Mayor 12.23 +3 thru 10-18 ELECTION. +11 May 10- Partial manual count of electronically counted City 9.45 +3 thru May 31 ballots if waiver not obtained from secretary of Secretary +21 state, must begin not later than 72 hours after (+24) polls close and be completed by the 21st day. +21st day is Sat, May 28.The date is extended to Tue,May 31 (+24 h day),because Mon,May 30 is Memorial Day.. May 12 Last day for receiving a ballot from outside the City 16.58(b) +5 United States. Secretary May 13 Last day for provisional voter to present ID to Voter Registrar 16.261(g) +6 voter registrar or execute required affidavit. May 13 Early voting ballot board(EVBB) convenes to Early Voting 16.74(f) +6 count early voting ballots received by Thur, Ballot Board May 12, from outside the United States, if the early voting clerk did not certify that all ballots mailed from outside the United States had been received earlier. (Provisional ballots may be processed at this time.) May 13 Last day for voter registrar to complete the Voter Registrar 9.41(c) +6 review of provisional ballots. May 13 Last day for general custodian of election City Secretary 9.41 (c) +6 records or presiding judge of the early voting TAC §81.175 ballot board to retrieve the provisional ballots (d)(3) from the voter registrar unless the voter registrar designates a time on the +7 day. May 13 Type A elected officials may qualify and Candidate with 12.34 +6 assume duties of office [LGC §22.006]. The City statute states 5th day after election, excluding Secretary Sundays. The resulting day is the 6th day after. Officials may not take office until the canvass is complete unless the election was cancelled. May14 Last day for Voter Registrar to designate a time 9.41 (c) +7 of delivery of provisional ballots to the general TAC custodian of election records or presiding judge §81.175(d) of the EVBB. Time must be before the convening of the EVBB. May 14 is a Sat, but this deadline is not extended. May ORDERING OF RUNOFF ELECTION, if City Council 14.04 +8 thru 15-23 necessary,not laterthan 5th day after canvass. or +16 Mayor HI May 16 Last day for the EVBB to convene for counting Early Voting 16.77(b) +9 the provisional ballots. (New date for 2016) Ballot Board May 17 Last day for presiding judge of EVBB to mail Presiding Judge of 16.78 +10 notices of rejected mail ballots to voters. EVBB May 18 LAST DAY for conducting the official canvass City Council 9.42(b) +11 of the election. *An asterisk in Column 5 indicates the time stated is not required by statute. xvi 2015 MAY 2016 ELECTION CALENDAR By or With Manual Date Action Whom Taken Ref.§ Column 5 May 20- Period during which notice of disposition of Presiding Judge of 16.77(e) By 10th day May 31 provisional ballots must be mailed to voters. If EVBB after 10th day is Sat or Sun (May 21-22), last day is canvass Mon, May 23. If 10th day is Sat, May 28, last day is Tue, May 31, because Mon, May 30 is Memorial Day. May 30- POSSIBLE PERIOD FOR RUNOFF City 14.03 20th_45th Jul 5 ELECTION, depending on date of official Secretary/ day after canvass, unless a charter provides for a later City Council canvass date. If 45th day is Sat, Jul 2, the deadline moves to Tue, Jul 5, because Mon is Jul 4 a holiday. May 31 Last day for mailing results of manual count to City 9.45 +21 secretary of state, if no waiver is obtained. Secretary (+24) +21 St day is Sat. The deadline is extended to Tue,May 31 (+24th day)because Mon,May 30, is Memorial Day. Jun 6 Last day to transmit election results by city Mayor 9.44 +30 precinct in electronic form to secretary of state. (Presiding Officer of the Canvassing Com- mittee) Jun 16 LAST DAY OF MANDATORY OFFICE City 2.15 +40 HOURS. Secretary July 7 First day for transfer of voted ballots from the City 9.50(g) +61 locked ballot box to another secure container. Secretary July 15 Last day for timely filing of semiannual report City 18.05 July 15 of contributions and expenditures. Secretary Nov 7, Last day of preservation period for ballots City 9.50(g) +6 2016 and other precinct election records of city Secretary months election. Endnotes [1] Follow home-rule city's charter provision, if any. [2] The city's governing body may choose to conduct a mock student election under EC §276.007. The major steps taken for a general election should be taken for a student election. The student election may be held on the first day before the election, but results must not be published until after the polls close on election day. NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION To prepare a calendar for a special election to fill a vacancy in office, see M §13.02; for a special election on a measure, see M §15.02; for a runoff election, see M §14.03. NOTE ON CONTEXT When reading a section of the Election Code, remember to read the chapter and subchapter titles to determine if the section you are reading applies to cities. *An asterisk in Column 5 indicates the time stated is not required by statute. xvii istA Wylie City Council CITY OF WYLIE AGENDA REPORT Date: January 26, 2016 Item Number: C Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: 100-5113-56070 Budgeted Date Prepared: January 18, 2016 Amount: $13,000 Exhibits: Resolution Subject Consider and act upon, Resolution No. 2016-03(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, Appointing Election Officials for the General Election on May 7, 2016, for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of the Wylie City Council. Recommendation Consider and act upon, Resolution No. 2016-03(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, Appointing Election Officials for the General Election on May 7, 2016, for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of the Wylie City Council. Discussion The Texas Election Code, Section §§32.005(a) gives the authority of appointing election judges, for city elections to the City Council. A presiding judge and alternate judge must be appointed for each election precinct. The role of the alternate judge is to serve as presiding judge for an election if the presiding judge cannot serve and may also serve as a clerk. EC §§Sec.87.004 states that a presiding judge and alternate must be appointed for the Early Voting Ballot Board and the Central Counting Station by the City Council in elections administered by the City. The City Council may direct that the precinct election officers of one of the precincts also serve as the early voting ballot board and the Central Counting Station officials. The attached resolution will appoint all required positions for Wylie's Dallas County and Rockwall County voters. Collin County Elections Administration, as part of their joint contract, will appoint the Early Voting Ballot Board and Central Counting Station officials for Collin County voters. Collin County Elections Administration and the City (Dallas and Rockwall Counties) will share poll workers during Early Voting and on Election Day at the Smith Public Library. Page 1 of 1 RESOLUTION NO. 2016-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, APPOINTING ELECTION OFFICIALS FOR THE GENERAL ELECTION ON MAY 7,2016,FOR THE PURPOSE OF ELECTING THE POSITIONS OF TWO (2) MEMBERS (PLACE 1 AND PLACE 3) OF THE WYLIE CITY COUNCIL. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: The following election judges are hereby appointed to preside over the election to be held on Saturday, May 7, 2016,for the purpose of electing two(2)Council Members to fill the following expiring terms on the Wylie City Council (Place 1 and Place 3): Early Voting: Smith Public Library William Martin, Presiding Judge, 402 Hilltop Lane,Wylie, TX James Anthony,Alternate Judge,2008 Fairway Winds Court,Wylie,TX Election Day: Smith Public Library Ruthie Wright, Presiding Judge, 113 N. Winding Oaks,Wylie, TX Linda Davis,Alternate Judge, 301 West Kirby#121,Wylie, TX The foregoing election judges shall preside over the election in Collin County,Dallas County, and Rockwall County. The Election Day election officers are hereby appointed to serve as the Early Voting Ballot Board for the election in Dallas County and Rockwall County. Ruthie Wright shall serve as the Early Voting Ballot Board's presiding officer for Dallas County and Rockwall County. Ruthie Wright is hereby appointed to serve as presiding judge of the central counting station operating in the election in Dallas County and Rockwall County, and Linda Davis is hereby appointed to serve as alternate judge of the central counting station operating in the election in Dallas County and Rockwall County. Linda Davis is hereby appointed to serve as the counting station manager and tabulation supervisor in Dallas County and Rockwall County. The voting station for the Early Voting Ballot Board and the central counting station shall be the Smith Public Library,300 Country Club Road, Bldg. 300, Wylie, Texas 75098. A maximum of 3 clerks shall be appointed by each presiding judge appointed above. The Collin County Elections Administrator is authorized to appoint the Early Voting Ballot Board and its presiding officer for the election in Collin County. The Collin County Elections Administrator is authorized to appoint the presiding judge and alternate judge of the central counting station operating in the election in Collin County. In the event the appointed presiding judges/alternate judges are unable to execute or complete Resolution No.2016-03(R) Page 1 of 2 Ordering May 7,2016 General Election 682486 their duties for any reason, the Collin County Elections Administrator and/or Carole Ehrlich, City Secretary, may identify additional judges that the City Council shall appoint as soon as possible. SECTION 2: The Mayor and the City Secretary,in consultation with the City Attorney,are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas, and Rockwall Counties, Texas, on this the 26th day of January, 2016. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2016-03(R) Page 2 of 2 Ordering May 7,2016 General Election 682486 OF lir �`� �� Wylie City Council AGENDA REPORT �kllrq'.MYYY�Ai'AMA Meeting Date: January 26, 2016 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 19, 2016 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, approval of a Final Plat creating 57 single family residential lots and 3 open space lots on 28.019 acres for the Braddock Place Phase 5 Subdivision, generally located west of FM 544 at the Vinson/County Line road split. Recommendation Motion to approve a Final Plat creating 57 single family residential lots and 3 open space lots on 28.019 acres for the Braddock Place Phase 5 Subdivision, generally located west of FM 544 at the Vinson/County Line road split. Discussion OWNER: Braddock Place Holdings, LTD. APPLICANT: Bannister Engineering The property totals 28.019 acres and will create 57 single-family residential lots. The subject property is part of the 185.1449 acre Braddock Place Addition Planned Development (PD 2005-24), which consists of Single- Family Residential of varying densities and Common Open Spaces. The property was annexed into the City of Wylie on September 28, 2004, and was the subject of a Zoning Case approved by City Council on July 26, 2005. There are also three open space lots, a detention area and landscape buffer, that will be owned and maintained by the HOA. P&Z Commission Discussion The Commissioners asked about the lot at the split of Vinson and County Line. The applicant stated that Lot 1, Block 0 would not be developed as a home and allowed for the necessary right-of-way dedication for Vinson Road. The Commission recommends approval 7-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 I _ 1 oT 6 1 V LLI LOT 23 / I - oT9 BLOIX] --I -- J 0. V I �e�y / ora , 0=14° � �. K OT 10 I R�15.00' \ C7 r l OT 3 9 .- III zN \�e e'er \ 1 _OT 12 OT 11 I 1/( L=130C Z cJ O �cg� <,� OT 14 LOT 13 / \"B AV82°18'06"E 1 OT 23 OT 29 \ OT 30 Z 4 (.- `, CL=130.28' _OT 27 '. L. D . ��a � �'� g� o e�am 10 oT zz �(�Q�/�e� oT 1s oT zs s LOT ze A• w'� LOT 4,BLS of P i �\. \'"3\PA I OT 23 1 OT 24 1\ __ __\• Q £ 3RFDD Zi RUMENTCK �NJMBER E PHASE V O ?-� • COLLIN COUNTY /'/ / 201412R]COOT]]40 -- - BLOCK LOT 22 /� ]°19 �� F DALLAS COUNTY ` pE 2 0600 RCCT. N s0 O� �� OT 16 OT 19 CL59� r '06 ;'00 V89°341800025504 Om TaF O ,,,„,16 J LOT 1] 00 �8E 5so TRF az.za V89°340.0o o\ M ao 3o.oa� L�f1 OT 21 � INSTRUMENT NO 43 V00°2 54 W 16 03\ O Q yb 45 \ OT 20 I I 54 1' E 21].24 �/ \ /\ �I -� 5338 39 lz 3o oo''P0 m N ¢ z 6dm VICINITY MAP ��°� aoT19 oTs - o �� NOT TO SCALE / "}' OT 1 �' U=18°34'S5" ®-=z0.sa' OT 1 O _ £rti WYLIE,TEXAS _OT20 / IRE• ¢y FO��/ oT 18 EADOWS DRIVE -— RI 97'CO' e .q qti 3 3a Da E 13DDD O P `�_FOUND 3z'CAPP Ftir o, 'GREAT M �z�1840�° LOT A�v o o Ne9°aa43fia.E llaaa Ne9 3a 44 E 11.00 Ave N 9 / /\ / noD vNT13D \/ " S�' OT2 4U�Pr�q�� EOUMBER-OHNAY MRC.CT._ L-43301� CB AV8°51'342, 'aF _ Loz9 z F e g M m R pp B�LronNnN ENC)T 19 4,1, o, �i / BR T�Q,fJ INSTRUMENT NUMBER - CB HV]9°48 _T] N sOT2 3z o A \ '� S o 5R ,s � , .c 4s r /� yy✓J� oa3°3853 N aa3z.m' \ PERTHSHIRE DRIVE oT 1a _�5 oT 6¢\%, o N" "' ' tiy�L 0, 09 o,S 0. 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Lz as �` 33z1 i °<D oN LS ae� 8 � • E b� oT 1z oT9 ,tiC.- o°L '�,� aa.aa �"W z as N = \ E ?' r $ / tr ( �YN 4so'ssk .Vi a 5ss sfi� /' 2 LOT • •'\ °'S\ BLOCK B 8 • oT 15 oo ''82- '' 6s %\ .o�, �ti ' 4� oT 15 �"m Oo, :` \ $°O OT 23 LOT]�{,,° o, \\ Set OT 11 o- `i °/ L=fi0.89 LOT 5 / 9 N Ir88°5]'4]"E 133.60'{./ IR °3 \ v o • �� \ \ ° \ °4'E° e', Z � ,P �oS ssa°sr L=ea.zs / / „°S2. k • °' 8�" °s tii °a r� a•� �� s,w �oumo l2 CAPPED PLACE OF LOT 16 � � -'�$°° ?`� °LOT a �'o oT 10 °1`js� ° �`' ° oT 14 e 000 oT 9 azrzg. °ti�°'0. •ao RLsp f ° I BEGINNING '''' ��i ti°°°�o, p °° (�Q'� o ti� ,�s ��L-aa.44' 3Laxl °a' r+cLs 4e�3 �4 .y V y OT6 / 4'�, VARIABLE WIDTH IRF (/S�a/ °° OT 22 \P.�oo S�� Q Sd1,.., 1i , �- '�"° RIGHT-OFv�IAV DEDICATION 5�°O LOT9 ^ ° OT 13 s s °,,o �aao *0. Sp H,Z9 �ryN _ _ >'4^°g° \0000 _ COLLIN COUNTY °°3LIX]C K ag� 3LOCK M::,,,,,,,Eu.el s may, !. DALLAS COUNTY ° _°° s`A / • 9,. ,y-O Q L'� o LOT 1] \ \\�l'nn \ - 0 3 "n•'O - °a � ,°,os°iy - OT] e ' - -LOT 10 �'I3p,� 1189°33'41 W ]2]3' G °O 'r� , „,,, oT 10 �' d/'I'�° LOT 12 ,°� °" / I �p��Q� 3LCCKB \ o- O, 'I� e .ea°°N °o° 5°a o. os6N �o �� °a R�ti�0 °° a, gyp' ° �� R` ora �LOT11�>� �o 11II nn tSa APPROXIMATE LOCATION) ��Q�/ 8° OR "rf� oT21 §i OT11 < OT11 0 000' ° z °° / OF COUNTY NE p] 2 k" oT 18 �qy e0 E �� ,�°°° (C �o °- °• ° ��`A re g�a�' o'n " � °oe\ ''aa. R=So.00 • / ��°° 4' O '�os� °° �o. N N �� w° ® L�1.3s�� 06 wl aa oT z,BLOCK D oT 12 so- 9nn p n� oT 9 s° ,o QO z / _N • 'C 'APPROXIMATE LOCATION e 0 N �o�'o \,r� ^ ,os`N PJ • °•°• O/ LOT 12 O`e- = MIN CREEK RANCH ESTATES �I y°O o& 'N'.,,,, �o, cyT, O "° '�� `` / L Ld VOLLME]5,PACE 806,P.R.0 C T om°q o oT 19 g, WII IV of couNTY LINE ,� �, °�� oT 10 °,.° p�C `��A ''•F ' S CJ w �' am °° --- EASEMENT o- ° LOT 13 �, 9�� '� !'�V off �''" oT 13 i'e � .4�� / YES COMPANIES,INC. 1 I L °O �'r°°\aa °a � �' �vi Pv �� ' ,�}'ry II16TRLMEM NJMBER �6>O. � a oa, �,LOT 14 'a° a- /,,, Q� eO 41° o• EASEMENT ' lu 20080038542 LR Iso oa saz as Ts va eaa ° - °° OT3,BLCCKD 5 w"^ ssk $ �4s°,O \ G OT 14 EE , OT 20 TWIN CREEK RANCH ESTATES '°aw''6, OT 15 ''S, vCLUME 75,PAGE 806,P.RC.C.T. �' " a FINAL PLAT .1� °° �4,'O°O\Oo, Nr/ \IS, OT 1s / L� BPE PHASE V,LTD. o- OT 16 0 �o g° o,\o, OF �, �p'C WL 5� INSTALMENT NO.20151015001318590 • BLOIXK c. o ry Sa, 'G • �� ° /' BRADDOCK PLACE ��WtiZ�p(�' `. LOT I,BLOCK N a' °° • • ' OT 18,BLOCK B DETENTION AREA, 'n°°O �R�'•�Og a / PHASE V J TWIN CREEK RANCH ESTATES G,MMCN AREA LOT • OT 18 \� ° q ' DEDICATED TOAw / 28.019 acres out of the / VOLLME 75,PACE 806,P.RCCT. NIAINTAIIIED BY p �y ME OWNERS 0%'° Elisha M.Price Survey,Abstract Number 725 and Line Table \<0.S�G Co � Aocc cxv e� GRAPHIC SCALE 9 q `/r- s�9 ` ° �j Nathaniel Atterberry Survey,Abstract Number 1099 Ll a8.18 S96 s9 s2 E �9L 2<<`r Curve Table City of Wylie,Collin County,Texas,and �T Curve 9 d Delta Chord Direction yob 9 15 M O /N VN N Elisha M. Price Survey,Abstract Number 1114 -BD R oT19,BLCOCB / 3o3a E300 99.19 .195 4 la 135 1958 �� City of Wylie,Dallas County,Texas LEGEND e fig 90 szo 02 30E /TWIN CREEK RANCH ESTATES Cz ,a5500 330.00 a91a5r 3229 11 35 E aal.ei iSo-a�K- N Non," DDD �3 zDaE oLME]s,PACE ao6,PRccT \ /8�8G °a4° 60 Lots ." D W WEST Ls 5000 N103039 33 °°n° DEGREES MATCH LINE A" MATCH LINE A" 's�Tax-'b `� Prepared Date: November 2015 M ND,E3nEE* -------= --------- h-- 02 -- YTA -- SHEETIOF3 / E5 ---------- --- 8 _—_ SEE FROM COLLIN COUNTY TAX PARCEL: TEXAS 4f725 07 AQ2ES ENGINEER/SLRVEYOR OWNER/DEVELOPER B A N N I S T F R'ORTAX YEAR2015 PL Al RECORDS BANNISTER ENGINEERING,LLC BRADDOCK PLACE HOLDINGS,LTD. COUNTYCOLLIN ,TEXAS zoo NcaTH MITCHELL DRIVE 3PE PHASE v,LTD. FROM DALLAS COUNTY TAX PARCEL: MANSFIELD,TEXAS'W63 8214 WESTCHESTER DRIVE,SUITE 710 E N G I N E E R I N G EAST FORK SPECIAL C'CNTACT'.MICHAEL DAVIS,RPLS )PUGS,TEXAS 75225 65111431510330030/20.612 ACRES a NL2 rxraNT MOUE'.81]b42-2094 -0R TAX YEAR 2015 Mlke@bannlstereng.com 240 North REGISTRATION Road Mansfield,TJ(]6063 8ll.84L2094 8ll.84L2095 fax J T PALS REGISTRATION NO.10193823 /,,,,,,,NO:non 1 In �o ---- SEE SHEET oL __________= _ __ SEE SHEET NO1 -- --�-- -- ��,�� MATCH LINE"A" /7 MATCH L NE"A" �s� OWNER OT 19,BLOCK B N o r In — a o I ICE 5.6LRMAN s� OT] TWIN CREEK RANCH ESTATES La, ,i✓'")°, ) EAT OS n� SQP �10� R,' - 0 o voLLME]s,PAGE�6,P.RccT F�;prYC'�Q�i E%'"'� O� `'' Fps°P FOUNDI/2c I F • /� A <l,�� '"AN ,� N 5 as o NRODSrAN �,q°�F A�w �ti� �p� a�� rtPLS4813�P ��,N, �� "^w�aa \ �/' �� Aqo • V I. ND1/2 oT aI,BLIX]C B �c�n �Datio �IRONn TWIN CREEK RANCH ESTATES I�B8°5]'4]'E 133.60' f \ 3FE PHASE V,LTD. N �'~W YES COMPANIES,INC. =oulvD 1/z"cnPPED s$`° INSTRUMENT NO.2I151015001308590 VOLUME 75,PAGE 806,P.RCCT. �T 1,BLOCK O NY N �^ •,noN�Roi sD4e13 PEo I J.RCCT. I. S' II�6TRLMHV3NLMBER sNA.,G��0. I yy.� \ co 20C300542 VARIABLE WIDTH P G NCD LMEM 1=S�" — e^,�i�8 a"� RIGHT-OF-WAN DEDICATION ,6' J//1 1 l�� Q'O QF� fCUND t 31. �i, COLON COUNTY ----———————�AT�' __ M VbJ°33'41"W ]2.T3' I FOUND 1/2' (��ALLAS COUNTY — — —GRAPHIC SCALE '4P,,�j =O ND5/eN IRON ROD \�(/�J'CAPPED , �p2 J� ROD CEO APPROXIMATE LOCATION V89°33'41"W 3]2.T3'�Y AA��' DAeLVN SKINNER === ° / j RMIE PRUITT / OF COUNTY LINE I_ YES COMPANIES,INC. ••��'(,,n� VOLLMEW,RDC164,PAGE 3310 (IN FEET] VOLLME 94036,PAGE 1385 I m INE LMEM NLMBER \. •i- L D.R D.C.T. /' 2080038542 V 1</ o z w J \ N I= YES CCMPANNIES,INC. L II— \ • INSTRLMEM NJMBER Q 20080038542 12 DR.D.CT. \ • GRAPHIC SCALE (i)FEET) FINAL PLAT OF BRADDOCK PLACE PHASE V 28.019 acres out of the Elisha M.Price Survey,Abstract Number 725 and Nathaniel Atterberry Survey,Abstract Number 1099 City of Wylie,Collin County,Texas,and Elisha M. Price Survey,Abstract Number 1114 City of Wylie,Dallas County,Texas LEGEND N NORTH 60 Lots Ni WEST DEGREES Prepared Date: November 2015 Nos NU,Es FROM COLLIN COUNTY TAX PARCEL: z SHEET 1 OF 3 COLLIN COUNTY TEXAS 4f]25 AORES ENGINEER/SURVEYOR OWNER/DEVELCPER - PL Al RECORDS BAIST FjR'ORTAX YEAR R20153ANNISTER ENGINEERING,LLC 3RACDOOC PLACE HOLDINGS,LID. TEXAS zoo N3RI1-1 MITa1ELL DRIVE EPE PHASE v,LID. FROM DALLAS COUNTY TAX PARCEL: nIANSEIELD,TEXAS 76063 8214 WESTCHESTER DRIVE,SUITE 710 ENGINEERING EAST FORK SPECIAL COMACT'.MICHAEL DAVIS,RPLS DALLAS,TEXAS 75225 65111431510330030/20.612 ACRES a NL2 rxrc,NR ,HONE.817-842-2094 'OR TAX YEAR 2015 nuke@bannlstereng.com 240 North Mitchell Road Mansfield,TJ(]6063 8ll.84L2094 8ll.84L2095 fax J TBPLS REGISTRATION NO.10193823 /,,,,,,,NO:non M In OWNERS DEDICATION NOW,THEREFORE,KNOW ALL MEN BY T-IE.PRE.NTS WHEREAS 3PE PHASE V,Ltd,are the sole wner(s)of acres(1,z feet)of GENERAL NOTES rings sM1n nereln are Texas state Plane coorolnate system NADa3(m85)T as NO.central zone Survey,Abstract No 725 a.Nathaniel Atterberry Survey,Abstract No 1099,City of Wylie,Collin County,Texas and in Elisha BRADDOCK PLACE PHASE V,.3-1 addition to the City of Wylie,Texas,and does hereby dedicate,in fee simple,OD the public use forever,the streets,rights-of-way,a.other public (4202.nAll wv l dISGnCes sM1own nereln are surface dISGnCes. acresPrice Survey,Abstract No 11.,City of Wylie,Dallas County,Texas,said 28 (1,2 feet)of e Ltdportion of that certain tract of land described in a deed BPE PHA.V, (hereinafter referred OD as BPEePHA.V tract),eae aforever,for the purposes indicated on this plat No buildings,fences,trees,shrubs or other improvements or growths shall be or z.All lot lines ore radial perpendicular m the street unless otherwise note y g Instrumentr c said ze.o LP ayes dairy of Wylie Pon addition,utility easements Texas(D.R CT.),sa g use or g same unless the easement limits the use particular utilities,said u y y in this addition y metes antl bounds is a violation of state law antl City ordinance and is subject (Lcz2ea86 sivare feet)bengemore particularly described,by metes antl bounds,as follows. utilities being ordinate to antl use thereofto. public g public's accommodation aide s imposed by law BEGINNING at a five-eighifis inch iron rod with plastic cap stamped"RPLS 9838"found for the Westerly corner of said BPE comer of described as ths a.All iron rods et(IRS)are 5/8-inch with a plastic cop stamped`RPLS 9838'. (hereinafter referred m as Braddock Place Phase eIV),an addition OD theCity of wyloe,Colllin County,Texas,daccording to the plat which may in any way endanger or interfere wit,the construction,maintenance,or efficiency of their respective systems in said easements T.dry of dock Place Phase IV The City of Wylie a.public utility entities shall have right to remove a.keep removed all or parts of any buildings,fences,trees,shrubs or other wectingntl rovements or gutlWry s.All icon rods found p8E)are 5/8-inch with a plastic cap srampetl'RPts 9e3e",set October zots. Estates(hereinafter referred min s Twin Creek Estates),an addition to patrolling, emNetl minstrument Number Plat Remrtl egresspod of mnstructlnry reconstrucen R Inspe¢mg, certain ity of Wylie, Collin Cunttvcribed sexaz Creek plat recorded m Volume 3s.Page 8o6,Plat Records Collin aunty.Teas maintaining, a mrs,and as or rem parts systems necessity at any time procuring permission from anyone, (PRc T/,samealo g Southwesterly e of said Braddock Place Holdings ace plat approved subject e all platting ordinances,rules,regulations a.resolutions of the city of Wylie,TeasWITNESS MY HAND AT Texas,this day of 2015 THENCE with common line between the remainder of said BPE PHA.V tract a.said Braddock Place Phase IV fior. following 15 courses 1.North 93 degrees 00 minutes 08 seconds East,a distance of 179 80 feet to a five-eighifis inch iron rod with plastic cap stamped"RPLS 9838"found, BPE PHA.V,LID 2.South 96 degrees 59 minutes 52 seconds East,a distance of 98 18 feet to a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found, 3.Vorth 93 degrees 00 minutes 08 seconds East,a distance of 290 00 feet OD a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found, 9.South 96 degrees 59 minutes 52 seconds East,a distance of 968 00 feet to a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found, OWNER SDEDICATICN STATEMENT 5.Vorth 93 degrees 00 minutes 08 seconds East,a distance of 170 00 feet OD a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found, WATER LINE AND WATER LINE APPURTENANCES 5.Vorth 96 degrees 59 minutes 52 seconds West,a distance of 3 17 feet OD a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found fior beginning of a non-tangent curve OD the right,whose long chord bears No.69 Now,Therefore Know All Men by.se Presents degrees 99 minutes 39 seconds East,a distance of 78 07 feet, 7.Vor.asterly with said non-tangent curve OD the right having a radius of 105 00 feet,through a central angle of 93 That, acting herein by a.through its duly authorized officer,does hereby adopt this plat designated an degrees 38 minutes 53 seconds,fior an arc distance of 79 99 feet OD a - Wylie,Texas hereby dime all such water Dries,valves,and watervappurtenancesetheEas<wrk Special Deem Dio-laEavtee"ni the"RPLS 9838"found for beginning of a curve OD the left,whose long chord bears North 79 degrees 98 minutes 39 day of ,2015 addition seconds East,a distance of 932 28 feet, 8.Easterly with said curve OD the left having a radius of 1815 00 feet,through a central angle of 13 degrees 90 minutes STATE OF TEXAS 93 seconds,fior an arc distance of 933 31 feet to a five-eighths inch iron rod with plastic cap stamped"RPLS 9838" COUNTY OF COLLIN found fior the beginning of a non-tangent curve OD the left,whose long chord bears North 08 degrees 51 minutes 39 seconds East,a distance of 69 92 feet, Before me, undersigned,a Notary Public in a.for said County and State,on this day personally appeared Adam Buczek,known to me to be the person whose name is 9.Vortherly with said non-tangent curve In the left having a radius of 215 00 feet,through a central angle of 18 subscribed OD the foregoing instrument a.acknowledged to me that he executed some for the purpose and consideration.rein expressed degrees 39 minutes 55 seconds,fior an arc distance of 69 73 feet OD a five-eighifis inch iron rod with plastic cap stamped Given under my ha.a.seal of office,this the day of ,2015 10.Vorth 00 degrees 25 minutes 59 seconds West,a distance of 9 29 feet OD a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found for the beginning of a curve to left,whose long chord bears No.07 degrees 19 minutes 15 seconds West,a distance of 53 98 feet, 11.Vortherly with said curve to left having a radius of 225 00 feet,through a central angle of 13 degrees 96 minutes 93 seconds,fior an arc distance of 59 11 feet to a five-eighifis inch iron rod with plastic cap stamped"RPLS 9838"found fior the beginning of a non-tangent curve In the right,whose long chord bears North 82 degrees 18 minutes 06 seconds East,a distance of 130 28 feet, Notary Public in a.for State of Texas 12.Easterly with said non-tangent cure to the right having a radius of 515 00 feet,through a central angle of degrees 32 minutes 00 seconds,fior an arc distance of 130 63 feet to a five-eighifis inch iron rod with plastic cap commi.ion expires stamped"RPLS 9838"found, 13.Vorth 89 degrees 39 minutes 06 seconds East,a distance of 217 29 feet OD a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found, "Recommended fior Approval" 19.Vorth 00 degrees 25 minutes 59 seconds West,a distance of 16 03 feet to a five-eighifis inch iron rod with plastic cap stamped"RPLS 9838"found, 15.Vorth 89 degrees 39 minutes 06 seconds East,a distance of 255 09 feet OD a five-eighths inch iron rod with plastic cap stamped"RPLS 9838"found for the Southeasterly corner of said Braddock Place Phase IV,same being Easterly line of eckPlace He g act,same alo g existing g-f v eofF Road349 Chairman,Planning&Zoning Commission Date right-of-way), City of Wylie,Texas THENCE South 00 degrees 25 minutes 59 seconds East with common line between said BPE PHASE V tract a.the existing West right-of-way line of said F Road 599,a distance of 309 18 feet to a one-half inch iron rod with plastic cap stamped"RPLS Approved for Construction 9813"found for the intersection of�existing West e width Ev):a e of said EM.Road 599 with me existing Northwesterly right-of-way n THENCE South 98 degrees 97 minutes 97 seconds West wit,the common line between said BPE PHA.V tract and existing Vorthwesterly right-of-way e of said Vinson Road,a distance of65.fo feet to a one-half inch iron red with plastic cap stamped Mayor,city of Wylie,Teas Date THENCE Vorth 88 degrees 57 minutes 97 seconds East continue with Easterly line of said BPE V tract and Vinson Road,adistanceo e oaonwa inc iron found mend County LineRoad, 00 g 'd Accepted THENCE South 96 degrees 35 minutes 59 seconds East continue with Easterly line of said BPE PHA.y tract and in said County Line Road,a distanceo e one-half iron rod THENCE Vorth 89 degrees v,city of Wylie,Teas Date 3PE PHASE V tract and that certain County ounryLTexas(DRa between said City certifies that FINAL PLAT THENCE South oVinson37degrees adistanceo feetet wit,the Southeasterly iron rod ewas sewer shown d fort,�nan p e p a.saidCouncil.rtherauthon�dtheil,by formal action,then and.re y to nothe e a p ce OF n Road, 099 OD a the Southerly comer of said BPE his ,H eerie�sa sae esW to corner coremfive-eighthsinESCo Northl�neofthatcere�ntactof FefPe yygndgthenm=M1ereinab e subscribed n zatf BRADDOCK PLACE OC C i th 95 degrees as minutes a8 seconds said Vinson ye Southeasterly a, ftheaforesad,wnCreekRanc,�tes,,same Easterly y eof Twin Creek nnv e PHASE V THENCof EUort,47degrees minutes 50 seconds West with thecommon line becontaining eeneldHPEIPHHIA.ytrata.said r 28.019 acres out of the Creek Ranch Estates,adistance 1226Toeteth P�EOFBEGINNINo m g calculated fz8o� City Wylie,Texas SURVEYOR'S CERTIFICATE Elisha M. Price Survey,Abstract Number 725 and KNOW ALL MEN BY THESE PRESENTS that I,that the corner monuments shownthereonw p p yplaced undeis,do yk fah p e�en�na®rdancew�tepared this Final Plat subdivisio field n oftheom an acWal dC accurate Tea=,rvey of land' Nathaniel Atterberry Survey,Abstract Number 1099 PRELIMINARY, '.'.. ., City of Wylie,Collin County,Texas,and THIS DOCUMENT SHALL NOT BE RECORDEDUSED OR SAFINALALL NOT w Elisha M. Price Survey,Abstract Number 1114 SURVEY DOCUMENT Michael Dan Davis DAIE City of Wylie,Dallas County,Texas Registered Professional Land Surveyor No e38 60 Lots TB L3 REGISTRATIONNo 10t3e3 Prepared Date: November 2015 COUNTY OF COLLIN p redMchaeoanoays known pen where names - SHEET 3 OF 3 s� same y p p dermha.a.sealoexpressedhiandnth acknowledged r� B A N N I S T E R ENGINEER/SLRVEVOR'. OWNER/DEVELOPER '. 3ANNISIER ENGINEERING,LLC 3RFDDOIX PLACE HOLDINGS,LTD. Divan under my hand and ea of office,this day of zois. 240 NORTH MITCHEL DRIVE 3PE PHASE V,LTD. _� VIANSEIEID,TEXAS 76063 8214 WES O—ESTER DRIVE,SUITE 710 CCNTACT..MICHAEL DAVIS,RPLS DALLAS,TEXAS 75225 ENGINEERING THCNE.817b42-2094 Ake@bannetereng.com Notary Public n and for see of Texas C�)yccd o-�G TBPLS 240 NorthREGISTRA MitchellT RoadIONNO.M101938019382E P,TX 76063 181].84LROJE2094CTIV81].84O L0902095>5 fax —>0 µ ° Wylie City Council Y w� w 49 AGENDA REPORT Meeting Date: 01-26-2016 Item Number: E Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 01-08-2016 Budgeted Amount: NA Exhibits: Ordinance Subject Consider and act upon, a motion to approve Ordinance No. 2016-01 an ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, adding article VII(Municipal Setting Designations) to Chapter 42 (Environment); Providing for Municipal Setting Designations to prohibit the use of groundwater in designated areas; amending the Code of Ordinances to add Section XIII (MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule) for the purpose of establishing an MSD Application Fee; Providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. Recommendation Motion to approve Ordinance No. 2016-01 an ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, adding article VII(Municipal Setting Designations) to Chapter 42 (Environment); Providing for Municipal Setting Designations to prohibit the use of groundwater in designated areas; amending the Code of Ordinances to add Section XIII (MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule) for the purpose of establishing an MSD Application Fee; Providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. Discussion On December 8th, 2015 Council held a joint work session with WEDC concerning the possible establishment of a Municipal Settings Designation process. A presentation was made by W&M Environmental Consultants explaining the MSD use and process. Council gave staff feedback to move forward with the MSD process. The City Attorney's office drafted the attached ordinance in response to that feedback. With the MSD the Council has the option to place a deed- recorded restriction on the use of groundwater on certain properties that may have some form of environmental contamination. With an MSD the property owner can then apply to TECQ for a Certificate verifying the MSD. The TECQ will do the technical environmental analysis. MSD's generally work to facilitate the clean-up and re-use of contaminated properties. Page 1 of 1 ORDINANCE NO. 2016-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2005-07, AS AMENDED, ADDING ARTICLE VII (MUNICIPAL SETTING DESIGNATIONS) TO CHAPTER 42 (ENVIRONMENT); PROVIDING FOR MUNICIPAL SETTING DESIGNATIONS TO PROHIBIT THE USE OF GROUNDWATER IN DESIGNATED AREAS; AMENDING THE CODE OF ORDINANCES TO ADD SECTION XIII (MSD APPLICATION FEE) OF APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE) FOR THE PURPOSE OF ESTABLISHING AN MSD APPLICATION FEE; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Subchapter W of Chapter 361 of the Texas Health and Safety Code ("MSD Law") authorizes the Texas Commission on Environmental Quality ("TCEQ") to identify and designate certain areas—municipal setting designations—within a municipality or its extraterritorial jurisdiction on which groundwater is not used as potable water and to prohibit such groundwater from future use as potable water because the groundwater is contaminated in excess of the applicable potable-water protective concentration level; and WHEREAS, the purposes of the MSD Law are to protect the public against exposure to contaminated groundwater and to provide a less expensive and faster alternative to the existing state environmental regulations governing the investigation and cleanup of contaminated groundwater; and WHEREAS,to certify a property owner's application under the MSD Law,the TCEQ must receive support from the governing body of the municipality with jurisdiction over the property;and WHEREAS,the City Council of the City of Wylie, Texas ("City Council")has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie" or "City") to amend Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended("Code of Ordinances"),by adding Article VII(Municipal Setting Designations)of Chapter 42(Environment)to establish a process to receive,review and support or oppose applications to the TCEQ under the MSD Law; and WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the Code of Ordinances by adding Section XIII (MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule) to establish a fee for the City's review of an application for a municipal setting designation; and WHEREAS,the City Council has further investigated and determined that the provisions of this Ordinance complies with the requirements of the MSD Law; and Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 1 of 14 682031 WHEREAS, the City Council finds that it is in the best interest of Wylie and its citizens to amend the Code of Ordinances as set forth below. 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 Wylie's Code of Ordinances,Adding Article VII(Municipal Setting Designations)of Chapter 42(Environment). Wylie's Code of Ordinances is hereby amended to add Article VII(Municipal Setting Designations) of Chapter 42 (Environment) as follows: "CHAPTER 42. ENVIRONMENT ARTICLE VII. MUNICIPAL SETTING DESIGNATIONS Sec. 42-130 Findings. The City Council of the City of Wylie makes the following findings: (a) Due to limited quantity and low quality, there are areas of shallow groundwater within the city and its extraterritorial jurisdiction that are not valuable as potable water sources, and therefore are not utilized for potable water; (b) Many commercial and industrial properties in the City and its extraterritorial jurisdiction are underlain with unusable groundwater that has become contaminated by historical on-site or off-site sources; (c) The City does not utilize groundwater as a source for public drinking water; (d) The use of municipal setting designations within the City and its extraterritorial jurisdiction allows for a state-evaluated corrective action process for groundwater that is directed toward protection of human health and the environment balanced with the economic welfare of the citizens of the City; (e) Where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to human health; and Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 2 of 14 682031 (f) People should have a say in decisions which affect their lives and property, and public input should influence governmental decisions. Sec. 42-131 Definitions. For the purposes of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meanings set forth in this section. When not inconsistent with the context,words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. Affected community means those persons entitled to notice as defined in Section 42- 133(b)(7). Authorized representative means, for purposes of signing an application, if the applicant is a corporation,the president,secretary,treasurer,or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; if the applicant is a partnership or sole proprietorship, a general partner or proprietor, respectively;and if the applicant is a local government,the chief executive officer or his authorized designee. Chemical or contaminant of concern means any chemical that has the potential to adversely affect ecological or human receptors due to its concentration,distribution, and mode of toxicity. City attorney means the city attorney for the City, or the city attorney's authorized representative. Designated groundwater means groundwater that will be or is prohibited from use as potable water, or for all uses, by a municipal setting designation ordinance. Designated area means the area that will be or is subject to a municipal setting designation ordinance. The designated area may cover several platted lots or tracts of land. Director means the director of the Planning Department for the City,or the director's authorized representative. Environmental risk assessment means the qualitative and quantitative evaluation performed in an effort to define the risk posed to human health and/or the environment by the presence or potential presence and/or use of pollutants. Groundwater means water below the surface of the earth. Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 3 of 14 682031 Ingestion protective concentration level means the protective concentration level for human ingestions of contaminants of concern established by the TCEQ under the Texas Risk Reduction Program, determined as if there was no municipal setting designation. Ingestion protective concentration level zone means the area where concentrations of contaminants of concern from sources on or migrating through the designated area are greater than the ingestion protection concentration level, determined as if there was no municipal setting designation. Municipal setting designation(MSD)means a designation as provided by Subchapter W of Chapter 361 of the Texas Health and Safety Code, which authorizes the Executive Director of the TCEQ to certify municipal setting designations in order to limit the scope of, or eliminate the need for, investigations or response actions addressing contaminant impacts to groundwater which has been restricted from use by ordinance or restrictive covenant. Municipal setting designation ordinance means an ordinance adopted pursuant to this article. Noningestion protective concentration level means the protective concentration level for dermal contact or inhalation for contaminants of concern established by the TCEQ under the Texas Risk Reduction Program. Noningestion protective concentration level exceedance zone means the area where concentrations of contaminants of concern from sources on or migrating from or through the designated area are greater than noningestion protection concentration levels for contaminants of concern established by the TCEQ under the Texas Risk Reduction Program. Potable water means water that is used for irrigating crops intended for human consumption, as well as water that is used for drinking, showering, bathing, or cooking purposes. Protective concentration level means the lowest concentration level for a contaminant of concern within a source medium determined from all applicable exposure pathways and as defined in the Texas Risk Reduction Program. Response action means the control, decontamination, or removal from the environment of a contaminant or hazardous substance pursuant to Subchapter W of Chapter 361 of the Texas Health and Safety Code,"Municipal Setting Designation," of the Solid Waste Disposal Act. TCEQ means the Texas Commission on Environmental Quality. Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 4 of 14 682031 TCEQ application means the application submitted to the TCEQ for certification of a municipal setting designation. To the extent known means information known by an applicant or applicant's agent after review of all public and private records and other information sources available in the exercise of due diligence. Sec. 42-132 Use of groundwater in MSD areas prohibited. (a) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in designated area as a potable or non- potable water source. (b) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in designated areas for any purpose prohibited as a condition of City Council approval,as specified in Section 42- 137(d). Sec. 42-133 Application for City Council approval of MSD. (a) A person seeking City Council approval of a MSD for an area within the corporate limits of the City, or within its extraterritorial jurisdiction, shall apply in writing to the Planning Department of the City,with the number and format of copies, as determined by the director. (b) An application shall contain: (1) The applicant's name and address, and the name, address, daytime telephone number, and email address of both the applicant's contact person and the licensed professional who prepared the application; (2) The location and legal description of the proposed outer boundaries of the MSD area for which designation is sought; (3) A statement as to whether the applicant has filed an application with the executive director of the TCEQ for an MSD for the area for which designation is sought; (4) A statement as to whether a public drinking water supply system exists that satisfies the requirements of Subchapter W of Chapter 361 of the Texas Health and Safety Code and that supplies or is capable of supplying drinking water to the area for which the MSD is sought, and property within one-half(1/2)mile of the area for which the MSD is sought; (5) A description of the groundwater sought to be restricted, including the identified chemicals of concern therein and the levels of Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 5 of 14 682031 contamination known to the applicant,and the identified vertical and horizontal extent of the contamination. If the applicant has not documented groundwater contamination offsite that originates from the area for which an MSD is sought, the application shall include a statement as to whether contamination more likely than not exceeds residential assessment levels offsite and the basis for that statement; (6) Identification of the points of origin of the contamination, and identification of the person(s) responsible for the contamination, to the extent known; (7) A listing of: a. All state-registered private water wells within five (5) miles from the boundary of the area for which the designation is sought, including a notation of those wells that are used for potable water purposes (to the extent known),and a statement as to whether the applicant has provided the owners with notice as provided in Tex.Health and Safety Code§ 361.805; b. Each retail public utility, as that term is defined in the Texas Water Code,that owns or operates a groundwater supply well located not more than five (5) miles from the area for which the MSD is sought, and a statement as to whether the applicant has provided the utilities with notice as provided in Tex. Health and Safety Code § 361.805; c. Each municipality, other than the City, with a boundary located not more than one-half (%) mile from the area for which the MSD is sought; or that owns or operates a groundwater supply well located not more than five(5)miles from the area for which the MSD is sought; and a statement as to whether the applicant has provided the municipalities with notice as provided in Tex. Health and Safety Code § 361.805; and d. All owners of real property lying within one-half(%)mile of the subject area, as the ownership appears on the last approved City tax roll. (8) A copy of the application to the executive director of the TCEQ, if filed; (9) A site map,drawn to scale,including a metes and bounds description of the proposed MSD area, the boundary of the proposed MSD area, the location of groundwater on the proposed MSD area, and the Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 6 of 14 682031 extent of groundwater contamination to the limits that it has been defined. The map shall include a statement by a professional land surveyor registered by the Texas Board of Professional Surveying attesting to the accuracy of the metes and bounds property description; (10) The location of all soil sampling points and groundwater monitoring wells; (11) For each contaminant of concern found at the site, to the extent known, a table displaying the following information: a. The level of contamination, the ingestion protective concentration level and noningestion protective concentration levels, all expressed as mg/L or mg/kg, depending on sampling medium; b. The critical protective concentration level as defined without the municipal setting designation, highlighting any exceedances; c. The critical protective concentration level as defined with the municipal setting designation,highlighting any exceedances; and d. A digital file, in a format acceptable to the director, that summarizes this information. (12) A statement as to whether contamination on and off the designated area will exceed a residential assessment level as defined in the Texas Risk Reduction Program, to the extent known, and the basis for that statement; (13) A description of any environmental regulatory actions that have been taken within the last five(5)years in conjunction with the designated area, to the extent known; (14) A listing of all existing TCEQ and U.S. Environmental Protection Agency registrations,permits, and identification numbers that apply to the designated area; (15) A summary of any environmental site assessment reports filed with the TCEQ regarding any site investigation or response actions that are planned, ongoing, or completed related to the designated area; (16) A statement as to whether the designated area has been submitted to the Texas Voluntary Cleanup Program(Tex.Health and Safety Code Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 7 of 14 682031 § 361.601) or similar state or federal program, and a description of the designated area's status in the program; (17) Any other information that the director deems pertinent. (c) The application shall be signed by an authorized representative of the applicant and shall contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in a manner designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is,to the best of my knowledge and belief, true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (d) An application shall be accompanied by: (1) An electronic file of the names and addresses of persons listed in subsection (b)(7) above, in a format acceptable to the director and compatible with City information systems; (2) A set of printed mailing labels with the names and addresses of persons listed in subsection (b)(7) above; and (3) A nonrefundable application fee in an amount set by City Council by ordinance. (e) An applicant may withdraw its application in writing by letter sent certified mail,return receipt requested,to the director,and shall forfeit the application fee. If the director has not issued public notice prior to the receipt of the withdrawal letter, the applicant may reapply at any time. If public notice has issued, a new application is subject to the limitations of Section 42-138. Sec. 42-134 Staff review. (a) For purposes of the times stated in this article, an application is deemed to have been received on the date that the application was actually received by the director, as indicated by the file date stamped on the application by the planning department. (b) Upon receiving an application for an MSD approval, the director will distribute a copy to the City's public works department and planning and development department for staff review. The purpose of the review is to determine whether the application is complete, and whether any current or future City property or other interests have the potential to be impacted by the Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 8 of 14 682031 proposed MSD. City staff shall not be tasked with conducting an environmental risk assessment of the application (c) If the director, in his or her sole discretion, determines that it is likely that a source of a contaminant of concern originated on the designated area,and that the ingestion or noningestion protective concentration level exceedance zone for that contaminant of concern extends to the public right-of-way adjacent to the designated area, the director may recommend that the municipal setting designation include a condition that the public right-of-way adjacent to the area be included, at no additional cost to the City, in the TCEQ application for the MSD. (d) If the director determines that the application is incomplete or insufficient, the application will be returned to the applicant, noting the deficiencies in writing. The applicant shall have thirty (30) days from the date of the deficiency letter to correct the deficiencies and resubmit the application. If the applicant fails to submit a corrected application within the allotted time, the application shall be deemed to be withdrawn and the application fee forfeited. (e) If the director determines that the application is complete, a public meeting and a public hearing will be scheduled. The public meeting must be held prior to the public hearing. (1) A public meeting will be scheduled at a time no later than forty-five (45)days following the day the application was received by the City; and (2) A public hearing of the City Council will be scheduled at a time no later than thirty (30) days following the public meeting. Sec. 42-135 Notice of public meeting. (a) Notice of the public meeting for an MSD application must include the date, time and location of the public meeting, the identity of the applicant, the location and legal description of the designated area,the purpose of the MSD, the type of contamination identified in the groundwater of the area for which the MSD is sought, and a statement that a copy of the application is available for public viewing at the city secretary's office. Notice will be made as follows: (1) The director will publish notice of a public meeting for a proposed MSD in the official newspaper of the city, or in a newspaper of general circulation, not less than fifteen (15) days before the public meeting; Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 9 of 14 682031 (2) The director will provide written notice of a public meeting for a proposed MSD, not less than fifteen (15) days before the date of the public meeting by properly addressed and regular postage paid,in the United States mail. Notice will be mailed to: a. The applicant; b. The list provided by the applicant of owners of real property lying within one-half (1/2) mile of the subject area, as the ownership appears on the last approved City tax roll; c. The list provided by the applicant of persons who own private registered water wells within five (5) miles of the subject area; d. The list provided by the applicant of each retail public utility that owns or operates a groundwater supply well located not more than five (5) miles from the area for which the MSD is sought; and e. The list provided by the applicant of each municipality with a boundary located not more than one-half(1/2) mile from the area for which the MSD is sought or that owns or operates a groundwater supply well located not more than five (5) miles from the area for which the MSD is sought. (b) The applicant is required to post at least one(1)sign upon the area for which a MSD has been requested. Where possible, such sign must be located in a conspicuous place or places upon such area at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such area. Such sign(s) must be so erected not less than 15 days before the date set for the public meeting. Any such sign(s) shall be removed subsequent to final action by the City Council on the MSD application. The sign(s) must state that an MSD has been requested for the site and that additional information can be acquired by telephoning the number listed thereon or visiting the web site address listed thereon. The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public meeting or public hearing or to any official action concerning the MSD application. Sec. 42-136 Conduct of public meeting. (a) The purpose of a public meeting is for the applicant to present information to the affected community about the MSD process in general, the application specific to the area for which the MSD is being sought, and to obtain input from the affected community prior to a formal action by the City Council. Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 10 of 14 682031 (b) The applicant or its representative must appear at the public meeting. If the applicant fails to appear at the public meeting either in person or by representative,the application shall be deemed withdrawn and the application fee forfeited. (c) The director will facilitate the meeting, giving the applicant or its representative the opportunity to present its reasons for requesting a MSD, and giving members of the affected community the opportunity to ask the applicant questions or make oral comments on the application. (d) The public meeting shall be held in the evening at a location convenient to the affected community. Sec. 42-137 Conduct of public hearing. (a) Prior to the public hearing,the director will provide the City Council a copy of the application,and a written report summarizing the request for the MSD approval,any staff comments of concerns,and minutes of the public meeting. (b) The applicant or its representative must appear at the public hearing and present the request for a MSD approval. If the applicant fails to appear at the public hearing, the application shall be deemed withdrawn and the application fee forfeited. (c) Persons wishing to speak either in favor of or against the application will be provided the opportunity in accordance with City Council guidelines for public hearings. (d) Following the conclusion of the public hearing, the City Council may approve, conditionally approve, disapprove, or postpone action on the application to a future date. If approving an application, the City Council shall: (1) Approve a municipal setting designation ordinance supporting the application to be presented to the TCEQ and prohibiting the use of designated groundwater from beneath the designated area; and (2) Include in the ordinance other reasonable restrictions,including,but not limited to,specification of underground construction materials to be used in the designated area. (e) City Council approval of an application shall not be deemed to waive the City's right to comment on a MSD application that has been filed with the executive director of the TCEQ. Sec. 42-138 Limitation on reapplication. Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 11 of 14 682031 If after public hearing the City Council disapproves an application,or if the applicant has withdrawn its application after public notice has been issued, no new MSD applications for the proposed designated area shall be accepted by the City or scheduled for a public hearing by the City Council within a period of twelve (12) months of the date of disapproval or withdrawal. Sec. 42-139 Additional provisions, enforcement, and penalties. (a) A person who has received approval of a MSD from the City shall, upon issuance from the TCEQ,provide the director with a copy of the certificate of completion or other documentation issued for the MSD area, showing that response actions, if required, have been completed. (b) The applicant shall execute, deliver and file, no later than thirty (30) days from the date of the TCEQ's certification,in the official real property records of the appropriate county, a deed restriction approved as to form by the city attorney prohibiting the drilling of wells and the use of designated groundwater for any purpose, including but not limited to any potable purpose, and excepting only: (i) wells used as monitoring wells for the collection of groundwater samples for chemical or biological laboratory analyses; and (ii) wells used for the purposes of remediation of soil or groundwater contamination. (c) A file-stamped and recorded copy of said deed restriction shall be delivered to the city attorney's office and the director's office within three(3)business days after the date of filing. The deed restriction shall be enforceable by the City and may be amended or terminated only with the prior written consent of the City after at least thirty(30)days prior written notice to the TCEQ of any pending amendment or termination. (d) A person commits an offense if the person fails to provide the city attorney and the director with the documentation required in this section within the specified time frames. (e) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a designated area for a purpose prohibited in the municipal setting designation ordinance. (f) Any person who violates any provision of this article shall,upon conviction, be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in this article are violated shall be considered a separate offense. (g) The city attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in subsection(f)above. Such additional relief may include a civil Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 12 of 14 682031 fine of up to one thousand dollars ($1,000.00) per day for violations of section 42-138,and all other damages,costs,remedies and legal processes to which the City may be entitled. Secs. 42-140 —42-199 Reserved." SECTION 3: Amendment to Wylie's Code of Ordinances,Adding Section XIII(Municipal Setting Designations Fee) of Appendix C (Wylie Comprehensive Fee Schedule). Wylie's Code of Ordinances is hereby amended to add Section XIII(MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule) as follows: "APPENDIX C—WYLIE COMPREHENSIVE FEE SCHEDULE XIII. MSD Application Fee A person submitting an application for a municipal setting designation under Section 42-133 of the Code of Ordinances shall be assessed a nonrefundable application fee of$ " SECTION 4: Penalty. Any person, firm, corporation or entity violating or refusing to comply with any provision of this Ordinance,as it exists or may be amended,shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it under local, state and federal law. SECTION 5: Savings/Repealing. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict,but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional and/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. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 7: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by the City Charter and by law. Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 13 of 14 682031 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 26th day of January, 2016. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Dates of Publication:February 3,2016 in the Wylie News Ordinance No.2016-01 Municipal Setting Designations Ordinance Page 14 of 14 682031 �`�� Wylie City Council AGENDA REPORT kllrq'.orAi'AMA Meeting Date: January 26th, 2016 Item Number: F Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: January 15, 2016 Budgeted Amount: Exhibits: Resolution Subject Consider and act upon, a motion to approve Resolution No. 2016-04(R) of the City Council of the City of Wylie, Texas, authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the City to enter into a contract for electricity: Authorizing Mindy Manson or Jeff Butters to execute an electric supply agreement for the deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the City's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. Recommendation Motion to approve Resolution No. 2016-04(R) of the City Council of the City of Wylie, Texas, authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity effective January 1, 2018; authorizing TCAP to act as an agent on behalf of the City to enter into a contract for electricity: Authorizing Mindy Manson or Jeff Butters to execute an electric supply agreement for the deliveries of electricity effective January 1, 2018 and committing to budget for energy purchases in 2018 through 2022 and to honor the City's commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP. Discussion TCAP is a non-profit political subdivision corporation representing over 170 Cities. TCAP has the ability to negotiate directly with the wholesale market for the combined anticipated demand of its members. TCAP has leverage to secure pricing that the City of Wylie would not be able to get on its own in the retail market. The City of Wylie has been a member of TCAP since 2007. The current electric market is at an all-time low since deregulation in 2002,making this an ideal time to negotiate the next agreement. The anticipated cost will not exceed 4.1 cents per kWh. If achieved this pricing represents substantial savings for the City of Wylie in future energy costs. (Rev 01/2014) Page 1 of 1 RESOLUTION 2016-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER, INC. (TCAP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR FIVE YEARS FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018; AUTHORIZING TCAP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING MINDY MANSON OR JEFF BUTTERS TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018 AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2018 THROUGH 2022 AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2018 THROUGH 2022 THROUGH TCAP 1. WHEREAS, the City of Wylie, Texas (City) is a member of Texas Coalition For Affordable Power, Inc. (TCAP), a non-profit, political subdivision corporation dedicated to securing electric power for its more than 170 members in the competitive retail market; and 2. WHEREAS, TCAP has unique rights under Texas law to negotiate directly in the wholesale market and arrange separate contracts for power supply and retail services which provides TCAP leverage to achieve contract provisions that single city negotiations with a Retail Electric Provider(REP)would be unlikely to produce; and 3. WHEREAS, TCAP's geographic diversity across all four ERCOT zones produces an aggregated peak load that is lower than the total of individual peak loads of the individual TCAP members, allowing price benefits in the wholesale market that are not likely to be available to any given TCAP member alone; and 4. WHEREAS, TCAP and its predecessor organizations, Cities Aggregation Power Project, Inc. (CAPP) and South Texas Aggregation Project, Inc. (STAP), negotiated favorable contract terms that resulted in rebates from the wholesale supplier and reasonable commodity Resolution No.2016-04(R) Authorizing TCAP To Act As An Agent On Behalf Of The City To Enter Into A Contract For Electricity prices for delivered electricity since 2002 resulting in stable budgets for electricity for members; and 5. WHEREAS, commodity prices for electricity experienced significant volatility between 2002 and 2009, with prices ranging from 4 cents to over 13 cents per kWh, causing CAPP and STAP members to welcome a five year contractual commitment that came close to cutting the 2008 prices in half, with that contract being extended until December 31, 2017, with a negotiated price reduction of about 1 cent per kWh; and 6. WHEREAS, TCAP has become a forceful voice for consumer protections and market reform to benefit the public and well as cities and other political subdivisions; and 7. WHEREAS, TCAP is owned by its members and distributes monetary and other resources according to relative load size of members and is controlled by a 15 member Board of Directors, all of whom must be city employees of members who represent diversity in size and geography; and 8. WHEREAS, wholesale power prices within the deregulated Texas market are largely determined by the NYMEX gas futures prices for natural gas which are currently low and relatively stable, but which change daily; and 9. WHEREAS, daily price changes require retail customers to execute a contract immediately upon receipt of a favorable offer; and 10. WHEREAS, pursuant to Texas Local Government Code Section 252.022(a)(15) expenditures for electricity are exempt from competitive bidding requirements; and 11. WHEREAS, on any given day, TCAP is able to capture a favorable wholesale price for any period of time, comparable to or better than any given REP or broker; and 2 12. WHEREAS, TCAP intends to continue to contract with its current wholesale supplier, NextEra, because the relationship with NextEra is such that NextEra is willing, after it knows the size of a given load, to execute a contract at or below prescribed price and terms; and 13. WHEREAS, the City desires to execute a contract for electricity for the period beyond the expiration of its current contract on December 31, 2017, that locks-in favorable wholesale prices under one of three different supply options: Option 1 - fixed-price, full-requirements at a price not to exceed 4.1 cents per kWh for the North and West zones or 4.25 cents per kWh for the South and Houston zones; Option 2 - fixed price for on-peak hours and variable spot market prices for off-peak hours; Option 3 - block energy at a fixed price to cover the base load hours, a fixed price for solar energy to cover mid-day peak hours (approximately 10% of total load) and variable spot market prices for all remaining consumption; and 14. WHEREAS, TCAP will allow members six weeks from receipt of this resolution to consider whether to participate in this second opportunity to contract for post-2017 electrical supply, and thereafter allow NextEra until June 30, 2016 to contact for power for five years at a price not to exceed 4.1 cents per kWh in the North and West zones and a price not to exceed 4.25 cents per kWh in the South and Houston zones for Option 1 , so long as the aggregated load for any of the three supply options reaches at least 50 megawatts; and 15. WHEREAS, wholesale suppliers demand assurance that TCAP will pay for all contracted load; and 16. WHEREAS, the City needs to assure TCAP that it will sign a Commercial Electric Supply Agreement (CESA) reflecting the contract extension and budget for energy 3 purchases for the post-2017 period and honor its commitment to purchase power for its electrical needs for 2018 through 2022 through TCAP, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: That the TCAP Board of Directors and its consultants and advisors are agents authorized to negotiate for the City's electricity needs as a member of TCAP for the period 2018 through 2022 at a price not to exceed 4.1 cents per kWh for the North and West zones and a price not to exceed 4.25 cents per kWh in the Houston and South zones for supply Option 1; Section 2: The City prefers to participate in supply Option 1 with the following understanding: a) while supply Option 1 is a full-requirements, fixed-price option, Options 2 (fixed price on-peak, variable spot prices for off-peak usage) and 3 (fixed price for base load, fixed price for a portion of peak load, and variable spot market for remainder) have variable price components and savings over Option 1 cannot be guaranteed, and b) if there is insufficient desire among members to achieve a 50 MW threshold for either Option 2 or 3, the member selecting the inadequately subscribed option will be placed in the Option 1 category. If no option is selected, TCAP will assume that a passed Resolution approves of Option 1. Section 3: Assuming this resolution is passed before February 25, 2016 and the combined load of TCAP members passing this resolution exceeds 50 megawatts for the preferred Option and NextEra is able to provide TCAP an opportunity prior to June 30, 2016 to contract for power to be delivered to members at a price not to exceed 4.1 cents per kWh for the North and West zones and not to exceed 4.25 cents per kWh in the Houston and South zones for supply Option 1 for the period January 1, 2018 through December 31, 2022, any one of the following individuals is hereby authorized to sign an electric supply agreement for the City within 24 hours of receipt of a contract that has been approved and recommended by the TCAP Board of Directors: Mindy Manson or Jeff Butters. Section 4: That the City will commit to purchase power to meet all of its electricity needs eligible for competition pursuant to the TCAP approved supply agreement and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement (whether wholesale or retail) arranged by TCAP and signed by TCAP's Executive Director or President or other TCAP representatives authorized by the TCAP Board. 4 Section 5: That a copy of this resolution shall be sent to Jay Doegey, Executive Director, TCAP, 15455 Dallas Parkway, Suite 600, Addison, Texas 75001 and Geoffrey M. Gay, legal counsel to TCAP at 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PRESENTED AND PASSED on this the 26th day of January, 2016, at a regular meeting of the City Council of Wylie, Texas. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary 3137/10/4975879 5 • j, 1r Wylie City Council 16, AGENDA REPORT kllrq'.YYYAi'AMA Meeting Date: January 26, 2016 Item Number: G Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: January 12, 2016 Budgeted Amount: Exhibits: Investment Report Subject Consider and place on file, the City of Wylie Monthly Investment Report for December 31, 2015. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for December 31, 2015. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2015-2016 Investment Report December 31, 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 $14,540,367.09 MMA 0.1863% Texpool 12/31/2006 NA 2 $15,059,999.25 MMA 0.1868% TexStar 3/15/2011 NA $29,600,366.34 Total Weighted Average Coupon: 0.1866% Money Markets: $29,600,366.34 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,600,366.34 Mir ' Wylie City Council AGENDA REPORT kllrq'.YYYAi'AMA Meeting Date: January 26, 2016 Item Number: H Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: January 15, 2016 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31, 2015. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31, 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 MONTHLY FINANCIAL REPORT December 31,2015 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 25.00% ACCOUNT DESCRIPTION 2015-2016 2015-2016 2015-2016 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 23,439,014 2,008,931 12,882,754 54.96% A FRANCHISE FEES 2,671,000 0 14,187 0.53% B LICENSES AND PERMITS 746,000 77,916 206,994 27.75% INTERGOVERNMENTAL REV. 725,920 41,408 121,774 16.78% C SERVICE FEES 3,225,000 248,863 634,861 19.69% D FINES AND FORFEITURES 660,832 36,686 115,177 17.43% E INTEREST INCOME 5,000 1,429 3,044 60.88% MISCELLANEOUS INCOME 166,000 11,257 20,585 12.40% OTHER FINANCING SOURCES 2,054,050 0 2,054,050 100.00% F REVENUES 33,692,816 2,426,490 16,053,426 47.65% USE OF FUND BALANCE 972,783 NA NA NA G USE OF CARRY-FORWARD FUNDS 58,907 NA NA NA TOTAL REVENUES 34,724,506 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90,796 7,599 22,154 24.40% CITY MANAGER 841,241 59,877 167,561 19.92% CITY SECRETARY 276,680 18,659 53,404 19.30% CITY ATTORNEY 147,000 844 8,404 5.72% FINANCE 1,032,813 159,580 268,522 26.00% FACILITIES 729,460 58,043 124,906 17.12% MUNICIPAL COURT 365,036 28,953 79,720 21.84% HUMAN RESOURCES 306,936 27,175 57,811 18.83% PURCHASING 162,501 6,836 19,806 12.19% INFORMATION TECHNOLOGY 1,254,236 26,000 367,022 29.26% H POLICE 8,362,316 653,731 1,770,224 21.17% FIRE 7,161,256 468,578 1,382,348 19.30% EMERGENCY COMMUNICATIONS 1,409,706 135,214 299,081 21.22% ANIMAL CONTROL 671,946 36,282 127,705 19.01% PLANNING 582,075 32,555 93,382 16.04% BUILDING INSPECTION 485,270 25,417 69,514 14.32% CODE ENFORCEMENT 236,744 15,234 44,169 18.66% STREETS 2,367,884 143,989 330,268 13.95% PARKS 2,417,139 156,025 374,284 15.48% LIBRARY 1,770,773 130,729 367,260 20.74% COMBINED SERVICES 4,052,699 244,679 932,787 23.02% TOTAL EXPENDITURES 34,724,506 2,435,999 6,960,332 20.04% REVENUES OVER/(UNDER)EXPENDITURES 0 -9,509 9,093,094 27.60% A. Property Tax Collections for FY15-16 as of December 31 are 66.40%, in comparison to FY14-15 for the same time period of 65.75%. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C. Intergovernmental Rev:The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. D. Service Fees:Trash fees billed in October are applicable towards FY 2014-15 revenue with the remaining fees coming from other seasonal fees. E. Fines and Forfeitures:The Court Fines budget was significantly increased for FY15-16.Actual revenues are up 46%compared to this time last year. F. Other Financing Sources includes the annual transfer from the Utility Fund. G. Use of Fund Balance: For Replacement/New Fleet&Equipment and Transfer to Debt Service. H. Due to one-time expenditures including annual maintenance contract renewals. This will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT December 31,2015 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 25.00% ACCOUNT DESCRIPTION 2015-2016 2015-2016 2015-2016 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 12,690,000 1,095,356 2,542,546 20.04% INTEREST INCOME 1,500 746 1,576 105.06% MISCELLANEOUS INCOME 57,000 -891 9,800 17.19% OTHER FINANCING SOURCES 101,200 0 101,200 100.00% J REVENUES 12,849,700 1,095,211 2,655,121 20.66% USE OF FUND BALANCE 113,100 NA NA NA K USE OF CARRY-FORWARD FUNDS 235,000 NA NA NA TOTAL REVENUES 13,197,800 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 480,006 47,386 88,974 18.54% UTILITIES-WATER 1,837,773 108,431 301,966 16.43% CITY ENGINEER 564,635 29,212 88,977 15.76% UTILITIES-SEWER 720,733 47,277 134,409 18.65% UTILITY BILLING 301,144 22,717 61,805 20.52% COMBINED SERVICES 11,954,742 7,735 3,508,987 29.35% L TOTAL EXPENDITURES 15,859,033 262,758 4,185,118 26.39% REVENUES OVER/(UNDER)EXPENDITURES -2,661,233 832,454 -1,529,997 -5.73% I. Most Utility Fund Revenue billed in October was applicable to FY 2014-15. J. One-time transfer from General Fund in October to cover the cost of replacement vehicles. K. Use of Fund Balance: Includes Hardware/Software to implement the GIS program. L. Due to annual transfer to the General Fund. This will level out throughout the fiscal year. µ ° Wylie City Council Y w� w AGENDA REPORT Meeting Date: January 26, 2016 Item Number: I Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: January 12, 2016 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, the request from the Run for Heroes Event for a vendor fair at Olde City Park on April 2, 2016, with rain date of April 9, 2016. Recommendation Motion to recommend a vendor application from the Run for Heroes Event for a vendor fair at Olde City Park on April 2, 2016, with a rain date of April 9, 2016. Discussion The Run for Heroes group will be hosting their annual run and vendor fair at Olde City Park on April 2, 2016. Funds raised from the items sold will be used to support local charities such as the Wylie Education Foundation, local police and fire departments, and local veterans. This will be the 5th year of this event. The Parks and Recreation Board approved the vendor application at their January 11, 2016 meeting. Page 1 of 1 PARKS AND RECREATION CITY OF WYLIE 300 Country Club Rd, Building 100,Wylie,TX 75098 q-- Office: 972-516-6340/Fax 972-516-6355 Email: parks@wylietexas.gov rIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIEIIIIIIB'doidkgdiOFXMXXEtBkbdaCbXffgaigabtOBEdllEX114iikbbikdbdkibiAdilIlbilbIIIIIIIIRONBbdWiffiaqgigaigifiihigag„1,III),ifliig4gkahg I 1111111 vrzspeeigiptiptixongensul.0 Ill trillprrelnilpr299,11911,,,,,i,p99,9199991191r447,91119,9r16,7r,,,,,,,,,,,,m,:r7„,„1,„„,„„,„1„,„...y,„15R,„,,„1,,rili a,,,,,,0111,:i1,110xlmriilHoi,„„ono 0,0 . i loptipoo, 1 li 'oil oildio 1,10,„,,y,11 Jul.„1,111,111,,„ ::::::Ira,:, timIlleen VI ielVIIIIIIIIIIIIIIIIIIIIIIIII" 111111"'T'!",,,,„704,41IIIIIIIIIIIIIIIIIIIIIMI 1/44;J,,,0 rlif",1rAriliprttoti 4? 114.,4i 4'‘,"1144404,'kftlili rlilf rilit'uli ' iiiiiiiiime' ' "' pi ,,,,,'?',1„1,L'i'"ii` :11,1'',her 111,,,higt Viiiii0,„11,41iirook' .1,11101I l',ill ID,ion„i,old li,,itg\oliiL iittioi „,qiill,,,IJoolo Liiiiiiiiiniuun III0 loom mom 1 11110 I I SlIwili oliii!IIIIIIIIriirookinniili Apm III i ca 11 m it Inf.,r m,m.4.,:,111,in Name of Organization/Group: Primary Contact Person's Name: , , . Organization/Group's Phone Number: Fro-tv Primary C1ntact Person's Phone Number: .111„Ing aENI11110319e44rS; Y11!4C1/01 d1 at yLillibtZlq!' 4.Z aLLIILI„:liCi„5:::1±1151451,11EMINEMBIAINEAIN„„„MINAIM„„„101„MIINA„M„„IMMINI„,j,„„M„?.„11„„N„„N„,1„,,„„1.V„I Organization/Group's Street Address: Primary Contact Person's Street Address: t>'NI. ' Organization/Group's City/State/Zip: Primary Contact Person's City/State/Zip: ,ny,i4c.l.„„..„::nc.„,,„,„„„:,'„',"„:1„SlYji:„ Alternate contact Person's Name/Number: 11 I ALULL., oo , oV „I Event Information EVENT NAME/TITLE: .„..i.„1—io..esiarac3roo.„-L,.$.44,41.6,„=.„.„7.1:ko. Event Type(fundraiser,etc.): Purpose of Event: LiteLi„u 1ite5.7.1"irL„„,,71„,„,,i),,kiic,„,'16,,.„,„„„trILIXtrailLe.„„„,,.„, Event Location: Proposed Event Date and Alternative Date: 1 Date- ,'"11` , - 2 Date- Anticipated nrumber of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup):Anticipated Event Attendance: Event Target Audience: - . Li 1 EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. ,k 1_,L4.4d.......,ka,iairx.),„$L0,.. isnai_Ja_bri,,s, 11.1c.„„„„„„„„,,triselic ...„„„....it4.sib :,'„IielireA,„„„„„„„„„ „ „, kir.r.,.../cL047 bh „, 144 ,t,?..„„,„,,Kth.),(46,1i&xl,„„,.„,„ ,zick-stO.„(1.„„ „ • ', ,,,,,g*„„,,, _„„„„whil,„„„,„Q,,,i.„.„„,r, ,,,,c„„,„,„„„„.„,„,„„„,„,,,,„„, L, „„„,Jitca„:„.,,„,,Y,,A,,,,,„„,„,,cLANIA.,1;1,,,.,,,,,Anil.„-, -a„,urth..„„„„„i„,„Vs:)..„,44„kr,,„Lwit„.,,„b4„—,„„,corn NOTE: -1-6.,_ 'V'i )) , en,nck k.),c,o,,k r‘c.cd crC cr AllkAtv-) \4"0"c-"•-t14 .4 IOW Sr "Tv‘r CS YNAI . If food is prepared on-site or off-sue and brought to the location to be sold,the vendor must con1 ct the Collin County Environmental Services Office in McKinney(972-548-5585 wymsollinskunlytuay)in order to obtain a Health Permit prior to the sale of such products.An Inspector must examine food preparation and storage equipment to assure the health and safety of customers. Sec 78-105 of the City Code of Ordinances states: Ot shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobacco,cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.9-2-14 itte y Wylie City Council . ,,v AGENDA REPORT Meeting Date: January 26, 2016 Item Number: J Department: Engineering (City Secretary's Use Only) Prepared By: Engineering Account Code: N/A Date Prepared: January 18, 2016 Budgeted Amount: N/A Exhibits: Ordinance Subject Consider and act upon, approval of Ordinance No. 2016-02 establishing the maximum speed limits on East Brown Street proceeding from SH 78 to W.A. Allen Boulevard. Recommendation Motion to approve Ordinance No. 2016-02 establishing the maximum speed limits on East Brown Street proceeding from SH 78 to W.A. Allen Boulevard. Discussion East Brown Street from SH 78 to W.A. Allen Boulevard is currently posted at 40 mph, and this 3,600 feet of roadway contains 5 street, 1 alley, and 6 driveway intersections on the south side. Two of the street intersections have reduced sight visibility due to the topography of Brown Street and the intersection location. Staff recommends reducing the speed to 30 mph which will also reduce the required stopping sight distance for the intersections and increase safety. Also, additional signs will be installed giving advance notice of the intersection. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2016-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON EAST BROWN STREET PROCEEDING FROM SH 78 TO W.A. ALLEN BOULEVARD, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie, Texas, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for Ballard Avenue proceeding from SH 78 to W.A. Allen Boulevard. 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: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code, the prima facie speed limit(s) for East Brown Street proceeding from SH 78 to W.A. Allen Boulevard is hereby set at a maximum of 30 miles per hour. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on East Brown Street Ordinance No.2016-02 Maximum Speed Limits On East Brown Street Proceeding From SH 78 To W.A.Allen Boulevard Page 1 proceeding from SH 78 to W.A. Allen Boulevard indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 26th day of January, 2016. ERIC HOGUE, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication:February 3, 2016 in the Wylie News Ordinance No.2016-02 Maximum Speed Limits On East Brown Street Proceeding From SH 78 To W.A.Allen Boulevard Page 2 µ ° Wylie City Council Y w� w AGENDA REPORT Meeting Date: January 26, 2016 Item Number: K Department: Animal Control (City Secretary's Use Only) Prepared By: Shelia Patton Account Code: Date Prepared: January 14, 2016 Budgeted Amount: approved minutes/statistical Exhibits: report/vet inspection Subject Consider and place on file, the Animal Shelter Advisory Board report to City Council regarding the meeting held on January 13, 2016. Recommendation Motion to accept and place on file, the Animal Shelter Advisory Board report to City Council regarding the meeting held on January 13, 2016. Discussion The ASAB met on January 13, 2016. The attached minutes, statistical report and, vet inspection were considered, approved and placed on file. This report is being submitted as required by city ordinance. Page 1 of 1 • yhe Animal Shelter Advisory bard CITY OF WYLIE Minutes Wylie Animal Shelter Advisory Board October 14, 2015- 6:30 pm City of Wylie City Hall - Council Chambers 300 Country Club Building 100 Wylie Texas 75098 CALL TO ORDER Announce the preseruv of Quorum David Dahl called to order at 6:32 pm. Board members present: Shelia Patton, David Dahl, Dr. Chuck Kerin INVOCATION & PLEDGE OF ALLEGIANCE The Invocation was led by David Dahl, The Pledge of Allegiance was led by Dr. Chuck Kern. REGULAR AGENDA !TB IS 1. Consider and act upon approval of the Animal Advisory Board minutes of April 8, 2015. (I Dahl, ASA; Chair) Board Action A motion was made by Dr. Chuck Kerin to accept Animal Shelter Advisory Board minutes of April 8, 2015 as presented. Sheila Patton seconded to accept minutes. A vote was taken and the motion passed unanimously, 2. Consider and place on file second and third quarter statistical information for shelter operations. (a Dahl, ASAB Chair) Minutes—October 14, 2015 Wylie Animal Shelter Advisory Board Page 1 Board Action A motion was made by Dr. Chuck Kerin to place into public record the statistical report for the reporting period of April 1, 2015 thru September 30, 2015. Shelia Patton seconded to place into public record the statistical report for the reporting period of April 1, 2015 thru September 30, 2015. A vote was taken and the motion passed unanimously. 3. Consider and place on file Texas Department of State Health Services Inspection for Rabies Quarantine Facilities and Impoundment/Shelter Facilities. (D, Dahl, ASAB Chair) Board Action A motion was made by Shelia Patton to place into public record the Texas Department of State Health Services Inspection for Rabies Quarantine Facilities and Impoundment/Shelter Facilities report for the reporting date of June 22, 2015„ Dr, Chuck Kern seconded to place into public record the Texas Department of State Health Services Inspection for Rabies Quarantine ° Facilities and Impoundment/Shelter Facilities report for the reporting date of June 22, 2015, A vote was taken and the motion passed unanimously. DISCUSSION ITEMS 4. Discuss regarding shelter events and status since previous meeting on April 8,, 2015. (S. Patton, ASAB :oard Member) Shelia Patton reports that the Animal Control Division participated in four adoption events to include :lue Grass on Ballard June 27th, Smith Public Library July 7th and July 10 ' and Clear the Shelter on August 15th. Animal Control teamed with library for Fury Friends Month in the Month of May. Thirteen sterilization transport services were offered from the shelter through Spay Neuter Network for public use of personal pets. Free sterilization, rabies shot and ear tip were offered to citizens during the month of April through Spay Neuter Network Grant for outdoor wild animal felines. Residents were offered a feral fix program for cats less than six months of age to include sterilization and rabies for twenty dollars through Spay Neuter Network Grant during the months of May and June with transportation from the animal shelter. Residents were offered a Cherish Your Chihuahua/mix to include sterilization, rabies and nail trim for twenty dollars during the months of July and August through Spay Neuter Network Grant with transportation from the animal shelter, Animal Control officers visited areas within our city to distribute fliers pertaining to these programs. Minutes—October 14, 2015 Wylie Animal Shelter Advisory Board Page 2 Seven low cost vaccination clinics providing vaccinations, heart worm testing and other mobile clinic services were offered at the shelter after operation hours to residents, One low cost microchipping clinic was offered at the shelter. There were eleven shelter group tours with question and answer participation for city youth. Animal Control Officers visited Cox Elementary for an educational demonstration in May. Cox was revisited in August to present the fourth grade gifted and talented class a framed event shirt and card for their dedication to helping homeless animals, In July the youth enrichment. program through Wylie Police Department visited and assisted the animal shelter while learning care and treatment of animals,, Agreements were obtained from nonprofit organizations for a total of five low cost sterilization opportunities for the animals at the facility awaiting adoption. Forty two animals were assisted through these programs. Volunteers logged 2.15 hours of service for the months of April through September. Animal control officers have answered 1869 calls for service in the field as of the end of third quarter. The total number of calls for the entire year of 2014 was 1874. Patton reports that this comparison shows that with three months remaining for the 2015 year Animal Control is likely to be approximately twenty five percent over last year's numbers with the same staffing available. As of third quarter end approximately five thousand three hundred and eight visitors have been logged for walk in service per weekly reports. Social media Facebook has been maintained. Animal Control participates with Wylie News to highlight a Pet of the Week photo and story twice monthly in hopes of finding homes for abandoned or unwanted animals at the facility awaiting adoption. The first ever Animal Control 'Foster Program launched on October '11, 2015. 5., Discussion regarding set dates for next calendar year. (D,„ Dahl, ASAB Chair) David Dahl is recommending a more even spread of meetings. Dahl has recommended the dates as this will give newly appointed board members the opportunity to get all required training done prior to the first meeting after selection. This schedule will allow time to call any additional meetings or in case of a reschedule due to unforeseen circumstances will allow to board to comply with the mandated three meetings per year. This schedule will also avoid any major holidays or summer travel months for members and residents wishing to come to meetings. Dahl has proposed meeting dates and the board has agreed that this should be set dates for 2016. The scheduled meeting dates for the year of 2016 will be January 13 , May 11th and September 14th. 6. Discussion regarding updating of the City of Wylie Ordinance No. 2006-07 Section, 4 (Number of Members/Qualified Appointment/Terms). (D. Dahl, ASAB Chair) Dahl has made recommendation to address and discuss modification of verbiage specifically relating to one county of municipal official and one person whose duties include the daily operation of an animal shelter,. Dahl recommends that the ordinance be specific to one member of city council of City of Wylie and one person whose duties include the daily operation of the animal shelter of the City of Wylie. The board agrees that this needs to be clearly defined for qualified appointments. Patton will take care of all necessary steps to bring these changes to city council as an ordinance amendment. Kenn agrees that the verbiage needs to be defined. Dahl states that the current ordinance establishes appointment by city council as a one year term. The ASAB meets there times yearly and with one year terms it would be more beneficial to the board and members to serve two year terms. This would give a member the opportunity to be seated at the minimum of six meetings. The board members agree and Patton will take care of all necessary steps to bring these changes to city council as an ordinance amendment, Minutes—October 14, 2015 Wylie Animal Shelter Advisory Board Page 3 Dahl has stated that the board currently reports to council only once yearly, He recommends that for more consistent reports of activities the board should submit to council board minutes, copies of inspections performed and statistical reports of shelter operations that have been considered and approved by the board. Dr. Kenn believes this would be a good way to keep council apprised of happenings, Patton states this will keep council updated more efficiently as animal control is very active, ADJOURNMENT Motion was made by Dr, Chuck Kerin and seconded by Shelia Patton to adjourn meeting. With no further business before the board, consensus of the board was to adjourn at 7:09 pm, / - / / „, David Dahl, Chairman • Shel a Pat on, Board Member/Secretary Minutes—October 14, 2015 Wylie Animal Shelter Advisory Board Page 4 Animal Shelter Advisory Committee Report January 13, 2016 October- December 2015 Dogs Cats Others Total Impounds 160 57 133 350 Owner Surrender 2 0 0 2 Stray 139 27 20 186 Quarantine 8 1 0 9 Safe Keeping 2 2 0 4 DOA 9 13 51 73 Trapped by resident 0 14* 62 ** 76 *trapped but evaluated as adoptable Born at Shelter 0 0 0 0 **total trapped wild animal feline 30 Dispositions Dogs Cats Others Total Return to Owner 106 4 13 123 Adopted 27 29 0 53 Rescued 8 5 3 16 Euthanized 4 7 45 56 Other 1 3 **23 27 **18 Rehabilitation/relocation Euthanasia Reason Behavioral 0 1 0 1 Medical 2 5 5 12 Policy- H.R.R.0 **2 **1 24 27 **required rabies testing shipment Wild Animal 0 0 16 16 Euthanasia for dogs 2.42% Euthanasia for cats 11.29% Euthanasia dogs &cats total 4.85% ACO Calls For Service: 642 January- December Field Calls Answered 2,511 Dogs at facility at end of report: 19 Dogs at facility at beginning of report: 14 Cats at facility at end of report: 17 of which 9 were trapped felines Cats at facility at beginning of report: 18 of which 8 were trapped felines Other Domestic at facility at end of report: 2 (open case related) Euthanasia Rate for Facilty January 1, 2015 thru September 30, 2015 7.71% Euthanasia Rate for Facilty January 1, 2015 thru December 31,2015 7.07% Inspection for Rabies Quarantine Facilities and. Impoundment/Shelter Facilities -\:---\) -\\sVi( IA" . Date M 3 f Name of Manager_, ),N, VC-1,v, L, cr:„.,,--- - ., -.....- / _ C.,...„ Registration Na,, ,,,,.) __. . __ .„.___.... \c2.-. Name of Establishment V,--J Q7 I''3,1L. 01.--"' v .\ . ' ,_ j Inspector . - - ' V P h \P ' (1/4.\\\,1/4 t),F\ C,.:\n,k,.. 11ft..?"\\r\ Ii Co.cation of Establish,ment ‘tli,L-V . „.,,i_,C.).-_. _' Mailing Address 'CA N f ,, 'C) I, ,. ) State .- ...„,„ Phone ("2qi., 1-kAIL-"\.(13.- - (--)CI)Vi(ei"-- \\ Zip Code County ...,„0:N\\li ".--"' Note to Inspector: Put Yes,No,or N/A Not Applieable) in the columns to the right of the question. ,-„,---- A.,':00'70,t , gti,b*t0.‘ *4 ' .r ',,, .',,i''' .,,-:,i,:,,::: ,, , ,, - Structural Strength ---- Records (cant) „... — 1.. Is the facility structurally sound and maintained in good repair in order to protect the animals from injury, contain them, k sl 13: Do records document animal description, impoundment ,....' and prevent transmission of diseases? ."1j and disposition dates„ and method of di:_losition? 1 --1 ...- Water and ElectricHeatin Power -----" g_ -- , „---" _......_..._.._ 2, Does the facility have reliable and adequate electricity to i j.? 14. Are animals protected from cold and inclement weather I. ..„.. 1comlify with otherre„quirements? and direct effects of windrn, and snow? 3. Does the facility have potable water? , : 1,5., Is auxiliary heat or bedding provided when the em_pei atm c, is below 597. 4„---- Storage -- Cooluxand Ventilation .4. Is food and bedding stored to protect them against infestation 1 v*,,?1,7 16. Are animals protected from any farm of overheating and -9/1 'or lc,contamination by vermin? ' from direct rays of sun? — . .u 15. Is a refrigerator available for perishable foods'? i or.i1-1 17. Is there adequate ventilation to minnrzTe drafts' odors,and 1 '11 moisture condensation"? IS. Is extra ventilation, such as fans or air conditioning, provided in indoor facilities when temperature is 8.5°F or ' \16 Provo Disposal , above? __ 16.,. Are there provisions for the removal and disposal of animal and food wastes, bedding,dead animals, and debris? ci Lighting. , 7. Are disposal facilities operated in a manner that minimizes . /3-1 19.. Is lighting adequate to permit routine inspection and vermin infestations, odors,and disease hazards? AV". ean cling? .8. is there a suitable method for rapidly and safely removing ' iii-0-7 20, Are primary enclosures situated to protect the animals 'water and other liquid wastes? \-Vv_from excessive illumination (inan-Made or natural)? Washrooms and Sinks .,„„,-----Construction ..,, 9. Are there facilities(washrooms, basins, or sinks) for 21. Is the facility constructed to protect the animals and not employees to wash their hands? create a health risk or public nu i sance? •Atior - ....,... //22. Are building surfaces constructed of nonabsorbent , Mcrrtgge-inent / materials that can be readily sanitized:„.?____ , .10. For facilities(quarantine, impoundment, and shelters) 23 is the floor made of durable,nonabsorbent material? til located in a county with a population of 75,000 or over (only), in accordance with Chapter 823.003: . , a, Are animals separated bypecies and by sex? , `,, :rsz frimag rmclosures .._............. b. Are animals of relatively the same site sharing li t,24. Are primary enclosures maintained in good repair, ca. es/prens? 'A, ...,,impervious to moisture, and readily sanitized? A , , , . e, Are sick or injured animals segregated from healthy ' 25 Do 'mama-enclosures enable the animal to remain dry animals' ,,_ ,and clean andprotect the animal's feet and legs frominiury1 _,:.,,,, , ,1 I I. For facilities(quarantine, impoundment,and shelters) 4,7.26. Do the cages and kennels provide enough space for each located in a county with a population of 75,000' or over Avi animal to.be in comfortable, normal positions? ' ,...1(P: 0[1 . )y), in accordance with Chapter 823..005: 1 ' , C. , __ ____ Has the governing body of the city or county in which the ' /z shelter is located established an advisory committee to assist in compliance with Chapter 8231 .B. Feedihg- 15ection1.69.20001 , //27. Aredogs and cats fed at least once a day and have ----- 4-111 1 , Records ,,,/ , .convenient ziccess to clean food? . 12, Does the facility keep records on each animal"?' A,6-ri 28, Is odd cc from contamination, wholesome, palatable, land nutritiou ? Inspector Initials: (11, Date: ,/2.,/ ,,,/r(-- Page 1 of'2 Facility: Registration No: //ttOtile$'Qufrifatirtinevatiiities,(Ceitottletedlbyr'rtk/Itilitl ),- / , / isoc,t,i00, t69,:;27.ta.)] , ,29.Are food pans kept clean and sanitary, and if disposable , 37. Is there documentation of twice-daily observations of 1-111,7 '' - food pans are used,are they discarded after each feeding'? , 1 uaranttitedantritals? ,. //qm. 13:410iiIiiale4ittiltePeteaities tiitimIetpill•WOtt011lik,)'•,' ,' • '''' ' , l'' '' '/' ',',:f;,' l'''''' '''-• / .•IV*Atkriitttil$I' ' On4/944:Itt(00/;/- ., ',, L: ' ,.' „. „ ,,,,./ [StetiOn,1,69.1#041L 30. Do animals have convenient access to fresh water aid is ii 14,38 Does the facility have a written Standard Operating (t7 offered at least twice daily for at least an hour? t5 /Procedure (SOP)? ___......_._ .3 Are the water bowls clean and sanitary? 39. Is the SOI) specific for the facility? 1 46 32, Do domestic ferrets have 24-hour access to water in a i„,1 i -94-j40. Is the SOP posted?II'L''''''''drinking bottle and to food? 171,wrArty4v4i,,r,Itl,1/4i$P,,,,',,,/,',,^',:'; 41. Is the SO.P designed to ensure effective and safe 1 ,41 .,..," ,l' , ,' ,l ,, , , ..././ D. -#0.0,4tirico.:,,toottoo„*09:40111„ , ' , quarantine procedures? 33. Are excreta removed from primary enclosures often enough ,,,,e,42. Do enclosures have solid walls to prevent physical contact to prevent contamination of the animals kat least orice a day)? k., le between animals? 34. Are primary enclosures maintained in a sanitary condition? ' 43. Do enclosures have tops to prevent escape? \re 35. Are the building and premises kept clean? c ,;(-04. Do quarantine runs,cages,or rooms have"Rabies Quarantine"'signs posted? ii4i,,(44ttlbOt,4;fliiltOn 1'694401 .-'' / 3.6, Is there a regular program in place for control of insects, ,z, ectoparasites, and other pests? „.0 This facility has approximately 6' cages 3-7 'cat & dog cages/pens. When the facility was inspected today, it was housing approximately 10:4 iy 1_ _ cats & . _ __,cogs, Itispeetor Comments: vli/ Rating: Satisfactory_ Unsatisfactory_ Probation, If applicable, timeline for probatio ' , period As the inspector c ify t • t I have personally inspected this facility and that it conforms to the statements / above, --- /Z- 3 i ts: Inspector e , Date C -:),(a-) ,,,, ,,,:(:),\ Iilic),,,, \ ,ic--,,,,, - " --) , --) anager Date Regional Veterinarian Date * II*'''' . TEXAS Department of St(ite E-leaitil Services Zoonosis Control Group 9/04 Stock No, Z-3 Page 2 of 2 Mir ' e 44, Wylie City Council AGENDA REPORT �kllrq'.MYYY�Ai'AMA Meeting Date: January 26, 2016 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Budgeted Date Prepared: January 19, 2016 Amount: Exhibits: 2 Subject Hold the 2nd Public Hearing for the annexation of an approximate 1.207 mile segment of Pleasant Valley Road from Elm Grove to the Dallas County Line. 2016-01A Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and/or emergency services within these unincorporated rights-of-way. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 23, 2015 and January 6, 2016 First Public Hearing January 12, 2016 Second Public Hearing January 26, 2016 Adoption of Ordinance February 9, 2016 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Dallas County currently has $1 million available to start the design of the reconstruction of Pleasant Valley Road from the county line south to Merritt Road in Sachse. They require the roadway to be annexed to move forward with the design. Dallas County also requires a 50% match which would be approximately $500,000 from Wylie and $500,000 from Sachse and an agreement will be presented at a future meeting. The project is expected to receive funding in the 2017 Dallas County call for projects and construction funds would be available in 2021. Staff will be working with Dallas County and the City of Sachse to submit the project to NCTCOG for construction funding. Dallas County has agreed to perform some maintenance on the roadway prior to turning it over to Wylie. DALLAS COUNTY UNINCORPORATED AREA LOCATION MAP 1 0,1, , iii. 1, „„,c11011,10,00,000 voill 1.101011 rr,i401, Ireilicilgillillii,11,11 ,i, 10101,1 illoill iii 1 110000001111 1 IIIII Doll IIIII 1 ,O'llriliholcr 61 ,,,4V0,1011111 II fig,. 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„II ' ••,„Or 0o1„1„1101 1#04001Irr,1 1001110 00111111111110000000000 0000000000000000010000000000000000 001100000000, „ 10 0001111111111111111 .\,,,f, , f,, ii, 1 1 i,10, 0',., oolvoloolori 1 '1,,7.",,11' 1,11 , fl,, 111 f 1 11101 11111111111111110001,1 111, 0,11110,1101 ..10, , 111101111101,111,lo 4414 1 1 11 1 11 111111111 1,01111111111111100000000000000000000111111111111111111111, 0„„)I,1);if ,P 1 P kr 1.0j11111 0110 0040111111 11110111 1 1 I,,I1 10100 111 1101, , ii 111,r r 0110 11 I 111110 111 1101000h „,. 11 HO ,11 11 111111111111111111111111111 111111111111111111111111100080110110000,1k,1000101 Ihl r it,)0111 118r1' J'I 111 11-)vol'111114,,ilri , 0,wittldolloolfill,t,i, 1 1 illivill 1,1 I 01111111111111110000111111 loolooloolouluovouluo111111100011110001000111000,1001i1,110' , ,„i,// ,(i/1 / kft",11111/20,/ iv 11 II 1 h 1 1101111 , 1 111,1111,11.111, , 1 1 0 111D0,,, 1 1,10 1 1 , 1111111111111111,11,100111100000 HI I, 11,1100111010 - yool01111111001000011111410`111111*woo I i t 'I- 11 1101111111 IIIII 111 111000,11000000000,1110011111111111111111010000111, k„c11 A////i /0 d„ /„.„nr.„„,•• 114,,,e4 0"1"111',,,, Ilk 11 , 1 I, 0111 0 lo 11,,0 1101111110E0i 000111111111111111111111111111111111111111111 11 0 ,,1111 1 po 111101111161 , 111111111111111111111111111111111111111111111111111111PIlijAl% I/77/ 4 ////,'",t,,g,,,,„,,,, i,4„,,,. 01.1 "Iv, III 1 1 lo 000,000 10 III 0 III 1 os 1 000'AAA 11 1 0 II f 1'1111111 1111111111110000 DI 1 0411001000000000111holovvi 100,11110, I 11IIIIIII IIIIIII Olig, 11 t 4 11111 1 .J 0, II w III /011iIIIIIIIIIIIIIIIIIIIIII::1100011001001111111111111 ,at \i,1,11? , 611 11,110 1 1 I HO '11 1111,0011410111111.11111, ,, 1 "')4 011111i11111111111/I 7 611111111441'' /1// 0 1111til 1// I'1'* 1111111111111111111111III00000000000, 100, 1,„ 40/ loopoo III 1111111111)1111 1 N, 11, 00101 10111, 1„ 00 =IPS EL,4,1'0 E R 7 0ri,A r0 A r L' '.,... -..,..rr, :•. t 11111 '!I\1111('I SAf/CEISE /i7 „lift, looll,„ II s ;ill 61''''°'l'1121101P'1/J /1 i )4 / 1110,t!',q 111!, 11,1111111,111,1,11,11/00,,,,,0, (A,ii ,,,,,„,,,,h) iillif////7/ ///)t 111), 1,1 ,,,,,,,,I,,,f,,N1,4;10i11110,;,1„,,Iig 11111111111 11,111111111111,111111111111111111111111„10111011,,, , :_. _, Irili)/1t, , /ii//hAiliiiii:iiilifirIV / //, '' ,,,,,'',',hi"'.iig,'Il'e'r ,„'elnitill idle,LIIII ) PROPERTY LOCATION : Pleasant Valley Road .0 . DCAD ft : _ott,0 ili lik„ ) APPLICANT NAME : PERMIT tV : 20115- MAILING ADDRESS : DATE FILED : CONTACT Pr,,IONE : 1,40.7..:E111-115.10Ag 15,1',IDIR PitAPSCO PG: 89A EXHIBIT "A" 1REP'EcENVO E-ISE 0114:f EXHIBIT "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA Orphan Road ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: XX-XX-XXXX ACREAGE ANNEXED: 1.207 acres SURVEY, ABSTRACT & COUNTY: Public Street Right-of-Way for a 1.207 mile segment of Pleasant Valley Road from Elm Grove to the Dallas County Line. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area EXHIBIT "B" the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "B" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. EXHIBIT "B" 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years EXHIBIT "B" from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. wke Wylie City Council AGENDA REPORT kllrq'.YYYAi'AMA Meeting Date: January 26, 2016 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 19, 2016 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider and act upon, approval of a Replat for Arbor Acres, Block A, Lot 1R-2, to create one commercial lot on 2.077 acres,located at 16 Steel Road. Recommendation Motion to approve a Replat for Arbor Acres, Block A, Lot 1R-2, to create one commercial lot on 2.077 acres, located at 16 Steel Road. Discussion OWNER: STEVE HOUSER APPLICANT: R-DELTA ENGINEERS, INC The property totals 2.077 acres and will create one commercial lot. A portion of the subject property is zoned PD2011-10-1 while the remaining portion is zoned Light Industrial. The purpose for the Replat is to create one lot for office space and light industrial use. A Site Plan was approved on January 5, 2016. P&Z Commission Discussion The Commission recommends approval 7-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 ,_ NOTE, ROE 1. COORDINATES AND BEARINGS SHOWN HEREON ARE NAD83(CORS 96,EPOCH OWNER'S GERTIFlCATE STATE ATE OF TE%AS § 2002)END TO IE TEXAS COORDINATE SYSTEM OF 1983 NORTH CENTRAL COUNTY OF COLLIN 9 1 ZONE 4202 ESTABLISHED FROM (HOUR STAT.0 GPS OBSERVATION STATE OF TEXAS 9 i` PROCESSED 1YRO'JG I TO. L GEODETIC SURVEY(NGS)ON-LINE E. COUNTY § tlay fpersa°nomeaupnders gned aulhod{H,a Notary Pubic nand for the State cf Texas on tits it POSH 0 G E SYSTEM(OPUS).THE CONVERGENCE ANGLE .THE P.O.P. OF COLLIN§ me oser comes isn B subscribed o thed for Of Arbinstrument a acknowledged me io be the person wit s bscr bed t foregoing and pc wedged to ''%a ; O--THE SUBJECT TR CT S+01 DECREE 02 MINUTES 41 SECOND. ALL WHEREAS THE ARBOR ACRESINC.'s the owner of a tract of and stunted n that he executed the same far the purpose and considerations therein expressed 0181 t�ARE REPORTED AS HORIZONTAL SURFACE MEASUREMENTS BASED the William Spchse Survey,Abstract No 835 Colin COunty,iexos and being.// ON A COMBINED FACTOR OF 0999851362. tl tlesc bed n Given under my hand and sea of office this_day of_ 2015. ---R_ Irn sots, W��..�,�IP�B,�,CT LOCA Hf=__J — C Q ne be nq a portion°[ma tract of an n the Special al Warranty 2. SFI ✓t1RI.ON OI Hti Al)ION VY METES AND BOUNDS IS A VIOLATION a recorded n County Clerk's Document No 2011072600780000 and being rn ,--" W Deed r ,eu, n'• port of and all f Lot 2,Block A of Regency SteelBusiness Campus, inand for Me State of Texas� \� Notor Public/' = OF CITY ORDINANCE ND STATE AW AND IS SUBJECT TO FINES AND Black A Lots 1 10 as said nth appear on the plat thereof recorded n y ,®� T WITHHOLDING OF UTILITIES AND BUILDING PERVITS- Volume 2007 at Page 656 of the Official Public Records of Collin County, • evidenced by the deed to NC m Construction,as recorded n on Expires On 0 3- ALL TONS OF INSTRUMENTS ARF OR THE DEED RECORDS,COLLIN Doocume t Na 2 00 61 006001 44 59 30.a.bang all of Lot 1 Block A of steel y omm ss COUNTY,TE%AS,UNLESS OTHERWISE NOTED. Industrial Park Addition according to the pat thereof recorded inCabinet F SURVEYOR'S AFFIRMATION at Slide 355 of the Pat Records of Collin County,Texas,and being more M C MAPSCO 10 Bw 4. REASON FOR THIS REPLAN IS TO COMBINE TWO PLAI1ED LOPS INTO ONE particularly described as follows:t"E SINGLE LOT. STATE OF TEXAS 9 VICINITY MAP,,,MAP�n,, ° BEGINNING at a s/ inert steel roe with a e cap stooped' DELTA no ENGINEERS"in the northerly right-of-way line of Steel Road(60-foot R.O.W.) COUNtt OF COLLIN¢ O'aterly n of the a mentioned plat of Regency S el Business fhme me of John¢G.�Lewseas°evidenced°b ea tr° lid ind Co°"ty'n9 KNOW ALL MEN BY THESE PRESENTS; iClerk'ssDocument No.92-0081089 0f the Offic'�ol Public oRecords of Coll'm That I,Wayne C.Te Countoyn Tex said beginning point having coordinates of X=2,555,653.40n fry,a Registered Professional Land Surveyor in the State of Texas,do Lot 4,Block A I feet e Y°_J,055,134.40 set: hereby certify that I prepared this lot from n actual a accurate surveys of the land en a Campus and the east line of the Lewis tract at a distance of 200 63 feet up° and d LEGEND, that me '. REG'ENCY STEEL BUSINESS CAMPUS / monumentsh thereon properly placed under my personal a into VOL 2007,PG.666 THENCE,N 00'31 31 W with the westerly line of sad Regency SteelBusiness supervision dance SubdivisionOrdinance of the City of Wylie, szrs I' CAB- CABINET PR CCT 9 CC NO. COON IY CLERK NUMBER I pass o Yz n steelrod or the northeast c of said Lewis tract ;21m III and ben tSR southeast corner of Lot610,Bock A said Regency Steel s0. CM-CONTROLLING MONUMENT BussinbessVeCCampuss.and continuing on .e some courseand with the common Si f o line 10 and 2of aid Regency See Business Campus a r" 9nature a Registered Professional Land Surveyor additional 75.28 feet for a total distance of 276.91 feel to 0 5/8-inch steel Wayne C.Terry,Registration No.4184 o Jo a CSRF-CARPED StEEL HOD FOUND rod set with a plastic cap stamped"R-DELTA ENGINEERS'sat for the y) ✓ t northwest corner of Lot 2,Block A of said Regency Steel Business Campus; STATE OF TEXAS 9 D.R.C.CT DEED RECORDS OF COLLIN COUNTY,TEXAS \ COUNTY OF DALLAS § —...l�I—— FSMT-EASEMENT THENCE,N 89'37'38`E with the common line between Lots 2 and 3,Block A Before me,the undersigned authoriy,a NotaryPublic in and far the State of Texas, n this Lot 3,Block A - of Regency Steel Business Campus a distance of 150.64 fee[to a 5/8-inch day personally appeared Wayne C.Terry,Regitered Professional Lond Surveyor,known to m !J REQENCI'STEEL.2A BUSINESS CAMPUS ` '" MON-MONUMENT steel and set with a plastic cap stamped R-DELTA ENGINEERS"for the to be the person whose"am subscribed to the foregoing instrument on acknowledged e VOL.200],PG.666 ' \ northeast corner of said Lot 2; to me that he executed the"same s for the purpose and onsideratPos therein expressed. P.R.C.C.T. 9DE NTS-NOT TO SCALC THENCE,S 00'22'22'E with the easterly line of said Regency Steel Business Oven under my hand and seal of office,this____day of___--,2015. I R Notary Public in and for the State of iexos E g" Campus for distance of 95.68 feet to a 578-inch steel rod set with° �� sRE PG.-PACE plastic cap stamped"-DELTA ENGINEERS'at the the northwest corner of Lot --- < r 1,Block A of said Steel Industrial Park Addition; 'LEc ' RDS-5/8-INCH STEEL ROD SET WITH AN GRANGE CAP STAMPED'R-DELTA I My Commission Expires On,XXX XX,XXX% a,1p 1 , N 8 . ENGINEERS" THENCE,N e9'34'39"E with common line between Lots 1 and 2,Black A L 9°37'38"E 15062' 1 me of said Steel Industrial Park Addition a distance of 272.81 fee[toe 'RECOMMENDED FOR APPROVAL" 1 R O.W.-RIGHT OF WAY 51/8--inch steel rod set with a plastic cap stamped"R-DELTA ENGINEERS"in P R.C.C.T.-PUMP RECORDS OF COLLIN COUNTY.TEARS a westerlycorner line Of Decker Court(60-foot right-of-way).the same being the CM10 m P nning R Zoning Commission pale • northeast of said Lot 1, City rot Wylie1°Texas SL-SLIDE THENCE,S 00'29'57"E with the easterly line of Decker Court for o distance f 15498 feet to a 5/8-inch steel red set with v plastic cap stamped "APPROVED FOR CONSTRUCTION" VOL.-VOLUME IR-DELTA ENGINEERS'; a or n ' THENCE,S 44'32'2100 with the a slily linedistance yr.City of Wylie,Texas Date Lot 2,Block A 2T20 fee[to a 5/8--inch steel trod se with Dv�plastco capthmpetl Ma° O STEEL INDUSTRIAL PARK ADDITION 'R-DELTA ENGINEERS°in the north line of said Steel Road;ry CAB.F.SL.355 "ACCEPTED' � rmjr THENCE,S 89'34'39'W eNS the northerly right-Of-way line of Steel Roatl,the uormnwer same being the south Ine 0f said Lai 1 fora distance of 258.21 fee[; 0 Mayor.City of Wylie,Texas Dote 0,1E THENCE,S 89'31'40'Wf with theM1enorth POINT OF line off Steel Road for e °acres of Ian 9.89 t a t P01 BEGINNING a The undersigned.the Cif Secret° of the Cif f N 89°34'39"E 2J2.81rere ' ,"" '° oc land. " containing .077 qne h n y O Wylie.Texas,hereby certifies that the 1� ww • city 9Cow final pine_t°say of _-- to 2015,City thevCou was sby form Pd t o the I I ¢gP en ana there° pied the dedication o streets,alley,parks,easements,public formal action, 18'9i1'. Ada I then w and sewer lines as shown and of trforth in and upon sand^plat ands d Council 3w'e I DCsfurther authorized the Mayor to note the acceptance thereof by signing its name as herein !Lei wFabove a subscribed. n OWNER'S DEDICATION " " s� €0> N zg R I- Witness my hand this_ Say of f R NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS'. 7 y That Arbor Acres Inc.,o, herein by and through is duly authorized S�ti O c officers,does hereby adopt"thiseplat designating t e herein above abed City Secretory . I - G w property as ARBOR ACRES en n to the City of Wylie,Texas,and does Cily of WYIie.Texas ereby dedicate,in fee simple,°to the public a forever, he s 01_3 1 1 W o rights-of-way,a other public improvements shown thereon,The streets and 4 alleys.if any,a dedicated PRELIMINARY Y e areas,as show",are decimated,,for the public ruse forever,for the dpuurposes - W v indicated on thsepat.No buildings,fences.trees,shrub orC f , improvements or growt0s shot be¢ tru,ed o:placed upon. ARBOR ACRES the e as except tharslandscapeimprovements m°er r across 2.077 ACRES - landscape asem n f approved by the City oun¢T of the Cty of Wyle. BLOCK A, LOT 1 R-2 - In addition,utility easements mo also be used or them to u 90,459 SQ.FT. oa on f irt ubic utilities°des lingo to a sngbathe as unless \I vt the easement limits me use top public some P T OF amuamr utilities, as v BEING A RE LA i beinga9 subordinate to the public's and city of wyrles�a�mereoe s 1 The City of Wvre and public utility entities shall have the g to remove and LOT 1 R, BLOCK A m 1 keep removed CII s buildin e,fences,trees,shrubsor Iimprovements or ra ins which or he ARBOR ACRES,9 Y of e Y 9 ms in said t =" construction,mime "` efficiency t respective coat amd AN ADDITION TO THE CITY OF WYLIE TEXAS, AS .R9 easements.The City of Wylie r and`�a°too,H9ty their hat t o hove the full right m ingress and r¢ t or from theirrespective all far RECORDED IN VOL. 2011, PG, 211 1 a�4 1 L the purpose of cod trtltlt"9 t0° eo reconstructing,ins tiro patrolling,maintaining, —T-—+- xa BUILDING LINE reeding meters,without and necessity otra^v o time pr9 of parts of 6neir fraspeati�se AND 1 1 I 1 this lot approved sub t0 a dnona¢a.ocuring Pales, oq bona a. LOT 1, BLOCK A aI .ana of the as nt wySe.11Te s' STEEL INDUSTRIAL PARK ADDITION, 1 "n° WITNESS,my hand,this the____day of—_-_ -__,2015 AN ADDITION TO THE CITY OF WYLIE, TEXAS, S 89°31'40"W 149 89' S 89°34'39"W 258.21' ' � "' �544°32'21"w AS RECORDED IN CAB. F, SLIDE 355, P.O.B. 2120' BY. N .ea.va BOTH OF WHICH ARE RECORDED IN THE M,R,C,C,T, ae�..7,055,134.4 ° STEEL ROAD L- -- - _._..___ AND BEING SITUATED IN THE WILLIAM SACHSE ___ cao-roaT �aw> Stevene.Hoaaer.Preside. SURVEY, ABSTRACT No. 835, CITY OF WYLIE, Arbor Acres,Inc. • COLLIN COUNTY, TEXAS OWNER:Arbor Acres,Inc. R—DELTA ENGINEERS,INC. ENGINEERS,LAND PLANNERS 16 Steel Rd. AND LAND SURVEYORS Wylie,Texas 75098 618 MAIN MEET.GARLAND,Pan75040 TEL 977)494-5031 On the Web M WWN.RDELTACOM TEL(972)442-1524 ° w AWE 1 —CZ' I s.,ncF. '4p 1 DnTc.SEPTEMBER 20151 µ ° Wylie City Council Y w� w AGENDA REPORT Meeting Date: January 26, 2016 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Budgeted Date Prepared: January 19, 2016 Amount: Exhibits: 1 Subject Consider, and act upon the acceptance of the resignation of William Hiney and to appoint a new member to the Zoning Board of Adjustment for the unexpired term of June 2014 to June 2016. Recommendation Motion to approve the acceptance of the resignation of William Hiney and to appoint a new member to the Zoning Board of Adjustment for the unexpired term of June 2014 to June 2016. Discussion Staff is requesting the appointment of a new Zoning Board of Adjustment member to replace Mr. William Hiney, who has recently resigned his position as of January 18, 2016 (letter attached). Per the Local Government Code, the City Charter and the Zoning Ordinance the ZBA is to consist of 5 regular members with the local option to appoint 2 alternates. The alternates are only called to attend a meeting when one of the 5 regular members cannot attend. In order to be in conformance with the Ordinance, it is recommended that an appointment be made to fulfill the unexpired term of June 2014 to June 2016. Staff is requesting that Council consider appointing Mr. Andres Gonzales as a regular member. Mr. Gonzalez has served as an Alternate Member of the Board for the past year and has provided valuable input during deliberations. The Board currently has another alternate member and Staff believes this will suffice until new members are considered for the June 2016 term. Page 1 of 1 From: William Hiney Sent: Monday, January 18, 2016 4:44 PM To: Mary Bradley Subject: Re: ZBA Packet Mary, I have made arrangements to get my shift covered this evening so I will be at the meeting. The unpredictable nature of my current assignment makes my attendance at meetings somewhat tenuous at best. I made a commitment to the Zoning Board of Adjustments (ZBA) at a time when I was not on call 24/7/365 and had a more flexible assignment. At this time I can no longer honor that commitment to the staff, citizens and other board members in the manner which they deserve. With that said, I am resigning my position on the ZBA at the conclusion of tonight's meeting. If you or staff has any questions I'm happy to answer them tonight. Bill Sent from my iPad Mir ' Wylie City Council AGENDA REPORT kllrq'.MYYY Ai'0 Meeting Date: January 26, 2016 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: January 18, 2016 Budgeted Amount: Exhibits: Subject Consider and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2014-2015 after presentation by the audit firm of Weaver. Recommendation Motion to accept the Comprehensive Annual Financial Report (CAFR) for FY 2014-2015 as presented by the audit firm of Weaver. Discussion The City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver has performed an audit as of September 30, 2015. This is the second year for the audit to be performed by Weaver after their selection to continue as the City's independent auditors following an RFP process done during 2014. Prior to that Weaver had served as the City's auditors for six years. Mr. John DeBurro, Senior Audit Manager with Weaver will briefly present the CAFR, including the Independent Auditors' Report and answer any questions that the City Council may have regarding the report. 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'III I a r1 Lwl 11 1111111 Aq q, ,,,,,,,,,„ 'r„/////////////////////////////////////////////////////////0000000000000000000/////////////////,, /v,.,�r• ' .111 "„rmrW0,0 qm0 I r// Il ia "kMimyy"040; WM 0 ii ��0"""" u6uu 00% , III 13zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz��0;,,r�i p�V 0„ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%Oj111111111UlIIIl1u1„1,„ 000 v uuuuuuuuuuuliiiiiuuuul�l. III;000,00n1 o1' ,,, , 0 16f110 10. ,,.1 I%% %0iil,7 %IIIIII�� :%;'7e r ;;11 itra0000im" ,,,,,,,,,,,,,,,,,,,,,, ,isnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn;'s ' I �///// ///////�-�r r°�� I „iiiiiiiiiiiio/o%%/v000000000000000000000000000000000000000000000000�/, Engagement Timeline weaver !„,„ , „„„„„„„,MOIMIIIIIIIII 11111111111111 OM ANN II fIIIIIIIIIIII II I III i 1111 Id PPPIIIIII MI 1 1. II 118111 111111111111111111111111101 1111111111111 Nib from"mc..ini -IF—i_ Ilimmon - 11 11111111111111111010111101 0 11111111111111111111110111111111111111111001111111111111111111111111111: 111111111111 1 - vi 1 101.; 0010 viv,04. Hi oo1,111111lloko 19 opo .1000..olomom aminamomi I.......um"I.4 a 8 i........aviriiinraili...;;.ii.g. ..1......41...88e...4... Al! .._ Continuous Communication I 16vikil ri)11))41P f 0 II 010 0 I!0 1111100000g») II lailiki i/ ) // 4 i g IF ,01 !,1,1i01 iii111111111 go 111 1g 0 41! m1,01 ilimj (fiChg 1 11111111 11111111 11 DI 00001 NI 111111111 00 8 I Audit Process weaver4 °- - • The audit was performed in accordance with Generally Accepted Auditing Standards (GAAS) and Generally Accepted Government Auditing Standards (GAGAS) . • The audit process was a risk-based approach R �f Bc i °c,°r;rrrrJ f,ivrrrrr,� r,rrrr2 i,,,, r �prrrrrrrr��firrarrr l� �� ll�irr �� ailli � % �'� in which we identified potential areas of risk ,, orr, k l4/!, 4 �� rr r�i that could lead to material misstatement of rr r r o c imr %iiiirr�io�irrrr f,' /,ar r the financial statements. We tailored our audit r 74 ! i,,", ! % 'J �C�°w� ��iiir� rrr�riri�l""oirrrr�iaiir G /; programs and resources to specifically ,�,�� ft rr laddress the following areas of risk: � � rr„ l , „r „1 ,,,rr,, I 'rr„1 r%; f r f >> :40f,,. . ,, � l rr�l ,� U�� t�f ` 1 • Revenue recognition andrelated1� �1� � ,n ,� mill v � receivables a""""� • Capital projects, purchasing, and {,,,,i p0, 1 compliance with biddingprocedures p anroRmnnuE „ r • Payables, accrued liabilities, and ,,s1.' , , expenditures , , ` 9 Audit Process weaver4 Interim fieldwork and risk assessment were performed in September 2015. Procedures included: • Walkthrough of accounting controls over significant transaction cycles: • Budget and financial closing • Cash receipts - taxes, municipal court, permits, utility billing • Purchasing and Accounts Payable • Payroll - including controls over pension data • Test of internal controls: • Payroll • Cash disbursements • Test of compliance • PFIA • Bidding procedures �o Audit Process weaver4 Final fieldwork- performed in November / December 2015. Procedures included: • Testing of significant accounting balances using a combination of vouching of material transactions, sampling transactions and applying analytical procedures. • Assisting with the preparation of the CAFR. > > Ili i v v i'Vu r iV M a N1111111, " ,,� �r', �� Hli uk' ' /0 41N 1 a ! 'ae �,, �ii,,�„ 1#0, Iti1 Mtn ai Ir , �) eM ugl 6h uq J'! 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I�w L w111111� a`1i Yd nI r j o V m I III PI! 000100000000000000 / 1010 100100,00 1�Ik"F IrI0�000lkl' '°h .6,, ,,,,, nl -%,�rr 4.ill IIO� I Vbpw � ' IR IS iI °°"1, �� I �II I"Mli 1 � (+Ip :,iia y� �-� i l � 'j v1I11;;0 0000000, ii 00,01,6 0. °000 �100„6, iwtl % %,° ��k �„� 1�//1 i 0000, ! 0/ u ""001100„'0, 1° � 'I""' r 1 0000.000,0, P011} v'IA^ Ill 1�1: �11 a,�„; o ,++ uuiil�iY .,,, F ,/,„, .„, ,li,,,r, ,,, , fVeaverViews „I N ,„,... AM „„,,,: „„ , i % ,��0-del' liti Required Communications to Those in Charge of Governance weaver Auditor' s responsibility under The financial statements are the responsibility of the City. Our audit was designed in generally accepted auditing accordance with GAAS in the U.S. and standards (GAAS) provide for reasonable rather than absolute assurance that the financial statements are free of material misstatement. Our responsibility is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented , in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. The audit of the fiscal year 2015 financial statements has been completed and we have issued an unmodified opinion. 13 Required Communications to Those in Charge of Governance weaver Auditor' s Responsibility under In addition to the GAAS responsibilities, we are required to issue a written report on our Government Auditing consideration of internal controls and identify Standards significant deficiencies, including material weaknesses, if any. Our reports do not provide assurance on internal controls. We design our audit to provide reasonable assurance of detecting material misstatements resulting from noncompliance with provisions of contracts or grant agreements that have a direct or material effect on the financial statements. We issue a written reports on the results of these procedures; however, our report does not express an opinion on compliance. No findings noted. 1 4 Required Communications toweaver Those in Charge of Governance z , Unusual transactions The significant accounting policies used by the City are described in Note 1 to the basic financial statements. and the adoption of new accounting New GASB pronouncements implemented in 2015 include GASB Statement No. 68, "Accounting and Financial Reporting principles for Pensions" and GASB Statement No. 71 , "Pension Transition for Contributions Made Subsequent to the Measurement Date". As a result, the City reports it's net pension liability, deferred inflows and outflows of resources, and pension expense associated with the Texas Municipal Retirement System. Accordingly, the beginning net position of the City's governmental activities, business-type activities and discretely presented component unit have been decreased by $7,298,067, $799,034, and $114,969, respectively, to reflect the cumulative effect of the change in accounting principle. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. 15 Required Communications to weaver Those in Charge of Governance Fraud and illegal acts No fraud, irregularities, or illegal acts were noted. Material weakness in internal No material weaknesses noted. control Other information contained in We provided an "in relation to opinion" on supplementary information accompanying documents containing audited the financial statements. We performed financial statements limited procedures on the MD&A and RSI. We did not provide any assurance on this information. Management judgments and Management's estimates of allowances for uncollectible receivables, estimated useful accounting estimates lives for capital assets, and net pension liability were evaluated and determined to be reasonable in relation to the financial statements as a whole. 1 6 Required Communications to Those in Charge of Governance weaver Difficulties encountered We encountered no significant difficulties. Management representations We requested certain representations from management that were included in the management representation letter. Management consultations We are not aware of management consulting with other accountants for a second opinion. No independence issues noted. Auditor independence 1 7 Required Communications to Those in Charge of Governance weaver Audit adjustments Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. There were no significant audit adjustments to report. In addition, management has determined that the effects of the uncorrected misstatement listed on page 19 are immaterial, both individually, and in the aggregate to the financial statements taken as a whole. Other material written Nothing to note communications between Weaver and Tidwell, L.L.P., and the City. 18 Required Communications toweaver Those in Charge of Governance Passed adjusting journal entries: Account Description Debit Credit Proposed JE# 3001 To adjust CY corn ponent unit liabilities for incentives owed based on requirements met et year end. 111-3000-34110 FUND BALANCE-RESERVED 47,780.00 1 1 1-2000-2021 0 ACCOUNTS PAYABLE 22,063.00 1 1 1-561 1-56030 INCENTIVES 25,717.00 Total 47,780.00 47,780.00 19 V9Vl %/ Vil,rma„ Ifll �/ i / r�rvll� ialU�r 00111.10,1,11,111. �111111111111111 y��ll 4 fii/r or/ //j I IoI 1 V � W I f �/ %%NI' ,,,; ',;; '/ %//,,, /o ,; ?,'e j i / �. wu r,%/ � Ill� WuI /� � a a u" ' /.OOoa, ;, ,,,,, ,„- , , ;,; ,, 9, m ., ,";i" , ,roo r/, , , I l.1a as I �r ,,,,- '. ,.,,, ./% ,/ 0000000„„„„„.. %// III ;,,,', / AØitor liar 1 / „ ppu9iluyiiNi,wsuYliuhhull„Mul uuIll l4(p}„l,,,r/ull„Yl u1rIlilli„4l 1r�o�"I4il 9l,,l,Yl,1l,1lilllo #,r„l11li4ll4llo(Ii,IXr,lli lIlIii II%,, ": ,liE - „'„�,;;," �, � ; 'G !,, Ji % '" , " rr I „ 4„ r lr ll/ �rl I.nh l ldldl,iljli lluu1# ,„Yl 4 1Y4;444+ 4,+ ll1 „111.1iqah 1l1l „„1l„1l„1l l„liI!I1I 1I1,�Iu1�„41rui„4i n7 i j/ ; 11,11 11 i1 p1Y1YI11Y11d1111 Yl11111!llYllli lllYlllilll III,;11�1!4y111 1u{II 11Y111i1 1t.q,,,Yi " f.0:/,1i 1 IYr+,lyl v v� a/ " „'�l lIYl�1�Ya1l�1Y p#1rY11 11iI r I l+ ' niv„ / /%/� ,,,,/e/o///r,, , " „ 11I1l7l11 N� II' 1 PIIII1 M11111la11 1r „m r , „ o , „ �j : f% a/ r11!lI I 11411 11fi111ii1 1,1,11111 I 11 11nu1r 11iI11 j' a %/% ,rr. ,il;, ., o /r, si;,, %jj �©� hI 11 �11111111 �'m(pir i � ii�1�1'fllll�fl�llt� 1�11 �Pj!'4Y�ulul�IIIII�II /i. % %,�4VIII"I�61Y�ug1' h" / I 00001, 11 ,, !11 fl; a11r1111I111p !V^ .I.1pp9lIVIoIl,�I�,��'I lIdunu lv I I uolol IUI N 1�pur Illm� lV e�I}II v arrrwrru Ir�prl�llI yr%iivopqer�4I,iplII!!1I11lrI 11ri�ra'�V�'IYI�"Iil II VI I I,ggIvV1 lI Y yIII IYY,OI II�p yl„vllOIIV�LItI y1.1�1 o liorlYflfllI lillI!gupIrI Y(��I � 9 1J 1I�V II�Y�r/ri IIIY�pIgIIYIIYIIYPpVmPlro)IIOIY poIIllal,ll�..f,,1,1�11.I :, , •, „.01111 l ' �, ,,, or// ,n"r,, '/ ioorop%� !f."''iota;'r, iiIaIiII�II �I111111111 Nr!Y I,YIIIIII a�1IYIIYI p 11Vdp1�m....II IIV yIVYI I ll Iu lUr i,l4 Y!,,o„1 1111WI Iil r I I yj� f, p "YPp1p1 1r11dIYl �'��1,, " ' // ,'7,/r/I�NI � �I II � 111,111110 , r illg1�Vi�i u IrI11 , II1'$, I' V��"P�d 1 0.Yp '! , lll 1 rlr oYl PlYhr„r1,v1,u1 , rr1i1YP IPip ry Vl�ulllrp °NII 1 W1�I��l ll�llV 41 ' I 1�luIVfl I i WN0N4 l l 1 l"" ,.,,.,,„I1'',N v r11 u4" RNd1r1 „..,1 � pY111I1YI111iYIhII i Vf@I1IOIUII pl pI /Iy 11Y1! 1 1111�11uu�ll11� � �IIIV11��I�� 1 H 11111011111110 /or,, / rr M11 1111Y ' I1 Y ��I� 10110�1.110�II1,1,1,11,)1111111U�11 /�"' Illugh� u�IlYoipYIr �1 IaIIYIIYII�ll lllIfIII�II, iI � 1 1 , VVVIIVpV �P 010 � w'� IVVo 1u1V11N ' ' Ilpi lN I iVNAtl VNl VI V I // V "'NIh11l'1 V ��lppll V 1� lii U iN1 lWVVII1V U U1 i41NR aI V oIIp 1 �� 4 u ' VfVq�DNf�41I4IuUIWI�uVj Q�V Audit Results weaver • We have issued the Independent Auditor's Report on the City's financial statements - Unmodified opinion • We have issued the Independent Auditor's N .31 1� �m Report on Internal Control over FinancialiP Reporting and on Compliance and Other c."" c,, y ;, OA VO OOOV 0 1 Matters Based on an Audit of Financial M0°WN �� Statements Performed in Accordance with Government AuditingStandards °':1°'° titi �� - No findings noted y7 000 21 Areas of Strength and Accomplishments weaver • Management knowledgeable in municipal finance • Full cooperation of Finance staff • No material weaknesses in internal controls Nrk. -r- h, ( / op 1,6 10 m MOH 1INN N 1110 MN " ::jit;000 sy7 22 IIIIIIIlu lI I llIlmI lIr'� u 1 IIIII I� J J ' //�, ,,,,, Ir- �rI tr I I I I!II IIn IInI IIIIIII , i rr u uI lIlI ti ry IfIunIu I IlI lI ll1 � i r i /IA l ,��N��II�I�IIIIIIIIIIIIIIIIIIIII I II III II N u�uu I �/ ,/ ,r , i,i„,/�%/O /I LIII I r 1�/ �1II IIII I I ,„ ,. � � r /// I�.IuuuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII / , /ai � ,/ IIII.��III�� ,/ pl i / , Ir/ / r //, i� , ,,,,I /i r r/ ,rrrr,, � / (I /� IIII GI ; �r/�/ ,I II I lrIIlUIlIlII�lUIlIlI�IUIIIII�lUIlIlI�lUIlIluuIlJ, �Jf I I II II IIIIIIIIIIIIIIIIIII IIIIIIIIIIIII I I I I I III IIm �,I� I II I ulIoowoowoow0000�oI r ,/ , �J ��lr �II,�I lI,�,l+r�li�� 1 iUf„Il�I�IIlIrIi lIIIIIIU ; � II,;Illhd;;''hd;''hd;''hd;''hd;''d;;''I}„��,�l l��,�l l��IIilIilII�i,„I�I�II�,� ��I�II�}IIIIId;;l;;;; ;;;; ;;;; ;;;; ;;;h;;; I��dddl„dddl nn i rIIIIIl'l' r'r„ll l��rllllllllll l 1 l'I(111'(' 01/ //%,', ;e ,,,,,,„,%‘',,,, ,,,,7,,,,44, �/ ,,,.,,. 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Increase is primarily attributable to current year increases in property taxes ($2.0m) ; licenses and permits ($0.9) ; and sales tax revenues ($0.8m) . FY 2015 Revenues FY 2014 Revenues 0% 0 1% 3% 111111 Ad valorem taxes 0% 1/o 1111111 Ad valorem taxes 5% 9% O ��Sales taxes 9% 10 —\ �o��Sales taxes �� 10% 6% '/ 1111111111111 Franchise fees 4% /�� 1111111111111 Franchise fees y� J))/ ■Licenses and permits r ■Licenses and permits 11111111111111111111111111161, � L, �� intergovernmental ill � Intergovernmental � / �� • �� ■Service fees � Service fees �� c�� 15% . 14% Court fees Court fees uiu Interest income Interest income Miscellaneous income Miscellaneous income 26 Financial Highlights Comparison of Governmental Funds Revenues by Source $30.0 $25.0 $20.0 $15.0 $10.0 2015 $5.0 _ 1... ,� �IIIIII I Vuuuuuuuuuuuuuuu.... ;;�� ;�� ;;��uuuuiuiouuuuuui ....i 2014 +ec +z/ ee c . 7 'ca\ mot,, rz 2013 \ok �a �c �a �c e cka e,a 0oJ Se fie, Q' \`Ge� \c (3-year comparison in millions) 27 Financial Highlights Fund Balances Governmental Funds' Fund Balances As of September 30, 2015, the City's governmental funds reported a combined ending fund balance of $29.2 million as follows: • General Fund $ 14, 1 13,013 15.8% • Debt Service 592, 170 General Fund • Capital Projects 9,907,93100„000 �� if j° IIIIIIIIIII Debt Service Fund • Other Funds 4,570,244 �000000000000000000 w000 Hu ,��ii��i Capital Projects 1,131111111111111111111111111$29 183 358 Fund 33.9% ® Nonmajor Funds 2.1% Governmental Funds' fund balance increased by $631 K, primarily due to increases in both the General Fund and Non Major funds. General Fund unassigned fund balance ($ 13,561 ,725) represents 46% of General Fund expenditures. 28 Financial Highlights Budgetary Highlights - General Fund The City had a favorable budget variance of $3. 1 million net change in fund balance: • Actual revenues were 1 .5 million more than budget. • Actual expenditures were below budget by $ 1 .6 million. 29 Standards Required to be weaver %%,, Implemented in FY2016 Effective for the year ended September 30, 2016 GASB 72 - Fair Value Measurement • Objective: to improve accounting and financial reporting by state and local governmental entities related to fair value measurements. • Effect: GASB 72 will require the City to review its current methods for measuring assets and liabilities that are subject to fair value reporting. GASB 76 - The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments • Objective: to identify the hierarchy of generally accepted accounting principles (GAAP) . • Effect: GASB 76 will not have a significant effect on the City's financial reporting. 30 , .. we a e r /- 1111111111111111111111111, , , / / 111111,11111111111111111111111111111 / 77, , / 1111111111111111.111111111111111111111 7 1 \"1°11:"IIIIIIIIIIIIIIIIIIIIIIIIIIIIII /7 110/////,11,0100000000000010:11111111111111111111111:1011111111000:10000000000, /0/ / 0,//// ,,00 / inon/1/IIIIIIIIIII 0101110001 1111111111111u';//70/// ///0 11111111111111111111111111111111111111 / 0 001000000011 /0 1111111111111111111 / 0 // / 000000111101 'mull 1 it0000000000 10° 1),,, n.,,,n,, 0s0)44400$0a000110)0000000 110011 f 0 ate the appreciate 111P i( We atop with i 4 •T to work OPOI MOO opportunity o P 10 lie / 1,100 amti C ity of WY to our ln ,,.. look forward to relationship . 2 Nith% )))/ and 4 )) ) I ,) ) cont • ued s., i4,) „„) ,. 1111111111111111111 .....1......... ....... oil '• oomogior Questions? Adam McCane, CPA | Engagement Partner 817.882.7768| adam.mccane@weaver.com John DeBurro, CPA | Senior Manager 972.448.6970 | john.deburro@weaver.com Wylie City Council AGENDA REPORT 1-26-165 Meeting Date:ItemNumber: (City Secretary’s Use Only) WEDC Department: Sam Satterwhite Prepared By:Account Code: 1-22-16 Date Prepared:Budgeted Amount: 1 Exhibits: Subject Present and place on file,the Wylie Economic Development Corporation Annual Report. Recommendation Accept and place on file,the 2015Wylie Economic Development Corporation Annual Report. Discussion As per the WEDC By-laws, each year the WEDC must present to the Wylie City Council its Annual Report. The Report is attached for your review. Page 1of 1 Wylie Economic Development Corporation 2015Annual Report January22, 2016 Financial Condition The Wylie Economic Development Corporation (WEDC) continues to make financial reporting and accountability a priority.While the City of Wylieaudit is not complete at this time, meetings with theauditors (Weaver, LLP) have not revealed any reporting deficiencies or recommended changes to existing accounting practices. For the fifteenthconsecutive fiscal year, WEDC sales tax receiptshave increased over prior year figures. Up 13.4% over 2014, 2015salestax receipts reached $2,191,785.Following a modest gain of 4.2% in 2014,this increaseeclipses all previous years’receipts. The most significant sales tax generators added in 2015 wereThe Rock Wood Fired Kitchenand TJ Maxx/Home Goods. FY 2015 – 2016 monthly sales tax receipts are averaging gains of 5.9% over the prior year. As determined via reports from the Comptroller of Public Accounts, sales taxes generated within Woodbridge Crossing for the prior twelve months reflect a 23.3% gain over the prior year with total sales taxes generated for the City of Wylie, WEDC, and 4B at $1,339,965. Real and personal propertyvaluation within Woodbridge Crossing equals $64.7 mm which is a 9% gain over 2014. Cumulativeproperty taxes paid to the City of Wylie since the inception of the incentive agreement equals $3.55 mm. The Sales Tax Reimbursement Agreement with Direct Development has resulted in incentive payments of $3.2 million over the past 6years with net sales taxes collected and ad valorem taxes paid totaling $5.9 mm.The City of Wylie and WEDC currently reimburse 65% of all sales tax generated within Woodbridge Crossing to Inland Real Estate Corporationand will do so until 2021 or until such time that a cumulative $6 mm in sales tax has been reimbursed.Based only upon current sales taxes generated and assuming no growth, Inland will receive the maximum incentive of $6 mm in approximately 5 years. The WEDC expended $768,396on grants and engineering services directly attributed to incentive packages, $1,858,520 on the purchase of real property, $272,191 on personnel services, $131,855on marketing and promotion, and debt service of $795,654.The WEDC also had $202,400 in income from the lease of WEDCfacilities,and $11,958 in income from a loan receivable. Finally, the WEDC ended the FY 2014-15 with a fund balance of $1,367,391. In FY 2015-2016, the WEDC is contractually obligated to fund $1,608,018 in direct incentive programs includingsales tax rebate programs for infrastructure improvements executed with Direct Development,Clark Street, and B&B. These ongoing, multi-year commitments represent fifteen projects which the WEDC has previously approved or is in the process of negotiating currently.Non-allocated funding for incentive programs equals $397,000 within incentives and $200,000 within land acquisition. The WEDCcurrently owns23.48acres of propertywith acost basis of $6,818,664.Annual debt service of $686,825 has been budgeted for FY 15-16 with an outstanding principal balance of $3,278,499as of December 31, 2015. On or about February 1, 2016, the WEDC will incur an additional $750,000 in debt to acquire 1.23 acres located at 398 South Highway 78 which will be further referenced with the Redevelopment section of this Report. - 2 - In 2014-2015 the WEDC executed a Loan Agreementand borrowed$722,365 to fund the purchase of the Bart Peddicord Community Center and the City Parking lot from the City of Wylie as well as a 6.6 acre industrial tract on Alanis Blvd. An additional loan was executed in the amount of $387,317 to fund the purchase of 106 N. Birminghamand to refinance an existing note. Finally, the WEDC borrowed $930,000 to purchase an industrial property located at 710 Business Way. This property will be conveyed to Mann Made, Inc. as the WEDC is relocating Mann Made off of State Highway 78 to a property more conducive for industrial uses. Finally in 2015, the WEDC conveyedits interest in 3.206acres of land on Hensley Lane to Exco Extrusion Dies (Texas), Inc. Exco has constructeda 30,000 square foot facility and will finalize their relocation in January 2016. Redevelopment The WEDC acquired 10properties in FY 2014 - 2015 complimentingexisting redevelopment efforts. A .30 acre tract on Industrial Court was purchased for$326,000, six contiguous properties on Ballard Street totaling .95acres were acquired for $409,000, two lots totaling 0.7 acre were purchased from the City of Wylie for $676,600,anda .21 acre lot at 106 N. Birmingham was purchased for $190,000. As previously addressed, in FY 2015-16 the WEDC will finalize the purchase of 398 S. Hwy 78 (Mann Made) which will complete the assembly of a5 acre contiguous tract between Starbucks and Wylie Printing.The assemblage completes a nine year effort at an expense of $4.3 mmto acquire eight properties from six separateproperty owners. The redevelopment plan identifies three, 1.6 acre restaurant pad sites with the WEDC alreadyexecuting a letter of intent (LOI) for the pad site adjacent to Cooper Drive/Starbuck’s. Including the negotiated sales price within the LOI and reasonable market rate sales price for the remaining 2 pads, the WEDC will recoup a majority if not all of its investment. The WEDC was also successful in attracting redevelopment to the southeast corner of F.M. 544 and Regency Drive. In 2005 and 2009 respectively, the WEDC purchased two adjacent tracts on F.M. 544 in an effort to clean up the corridor. After tearing down a dilapidated structure in 2006, the WEDC kept the 1.5 acres in its inventory to facilitate the combining of the two adjacent lots into a more master planned layout. With the demolition of an adjacent woodworking shop and billboard, a 4 acre tract will be assembled with 3 pad sites ready for development. In 2016the WEDC will continue to evaluate opportunities to purchase additional properties within the Cooper Drive redevelopment areas. Price and location relating to existing WEDC properties will be the driving factor in additional land purchases for redevelopment. Retail/CommercialActivity Even with the opening of TJ Maxx and Home Goods withinWoodbridge Crossing in late 2014, pad development in front of the seemingly successful junior anchors continues to be stagnate. In staff’s opinion, Inland Real Estate Corporation’sfocus on long term ground leases has reduced the market for these pads and will continue to hinder development. However, with the continued development of Wylie and Murphy properties along 544, the Inland pad sites will remain viable options with so few options remaining. - 3 - The Kroger Marketplace anchored Woodbridge Centre continues to generate activitywith the opening of The Rock Wood Fired Kitchen in FY 2014-15.Kroger Marketplace occupies 114,000 with lease shop space of 22,000 square feet. Of the lease shop space constructed, only 4,500 square feet remains vacant withPapa Johns, Modern Eye Care, Orange Leaf,and Wing Stop executing leases in 2014/2015. The Rock Wood Fired Kitchen began operation in January 2015with record breaking success and continues to do well. The owner, Clark Street Development out of Chicago, continues to employ Edge Realty to represent their interests. Clark Street entered into a Performance Agreement with the WEDC under which reimbursements for infrastructure improvements up to $1.1 mmare available should certain performance requirements be met.Clark Street has received $224,000 in sales tax reimbursements to date. Projected for completion in fall 2016, the Wylie community secured a La Quinta Inn & Suites in 2015 to be located near the intersection of Sanden and F.M. 544. Utilizing an Occupancy Tax reimbursement program to be funded by the WEDC, the 45,000 square foot Hotel will generate approximately $100,000 annually in Hotel & Motel Occupancy Tax to the City of Wylie and have an appraised value of approximately $3.2 mm. WEDC and City of Wylie representatives will continue to make attendance at the International Council of Shopping Centers Conference a priorityin 2016. While it is unlikely that Wylie will attract new investors for ‘center’ developmentin 2016based upon theremaining acreage available within the community, the WEDC will beavailable to Inlandand Clark Street for meetings with end users as well as promotingother retail properties in Wylie. Two prospects generated in 2015 at ICSC are to execute real estate contracts within the next 30- 60days in Wylie. While frustratingly slow for WEDC staff, this time frame is not uncommon. IndustrialActivity In 2015 the WEDC purchased a 6.63 acre tract on Alanis for $420,000 to promote light industrial development.Prior to master-planning the site and promoting it to end users, the WEDC is evaluating other available properties in the area so as to maximize the total acreage available for industrial development. The WEDC has been approached by a 40,000 square foot industrial user which has initiated preliminary discussions to acquire the property. The potential investment in the site is estimated at $2.5 - $3 mm. Prior to the sale of the site though, the WEDC will evaluate adjacent properties in the area so as to create more opportunities for light industrial development. Savage Precision has completed its seventhyear of the seven year Performance Agreement with the WEDC. Savage metall performance requirements surrounding valuation and employment and continues to stand out as a true success story for local business growth and expansion facilitated by public/private partnerships. Ascend Custom Extrusion is currently in compliance with all performance measures outlined within 2 PerformanceAgreements with the WEDC. Ascend currently operates3 shifts in extrusion (3 presses) and packing, 2 shifts in shipping, and 1ten hour shift in the paintline. There are currently 210Ascend employees. - 4 - In 2014 the WEDC finalized negotiations and entered into a PerformanceAgreementwith Exco Extrusion Dies to construct a 30,000 square foot manufacturing facility on 3.2 acres owned by the WEDC within Premier Industrial Park. The project is estimated to be valued in excess of $7.5 mm on the tax roll and will be complete on or about January 31, 2016. The WEDC completed negotiations on 5other commercial projects in 2015totaling $4.95 mm in investment and 32,000 square feet of new facilities. 2016Goals & Objectives The KCS Intermodal served property remains the greatest opportunity for the Wylie community in terms of potential new development. 2015 saw the completion of the intermodal improvements as now City/WEDC staff encourage KCS leadership to provide a strategy for encouraging light industrial/distribution development. Multi-Tech, a KCS engineering consultant, has begun evaluating the site in an effort to determine the best development options. Two recent requests from end users for sites supporting 500,000 square feet and up have facilitated the development of a master plan by KCS for the property outside of rail operations which is long overdue. Staff is committed to bringing 4 new dining options to Wylie in 2016. Completing WEDC pad development at Cooper and 78 is a top priority and finalizing negotiations for at least one pad site in front of Kroger is a realistic goal. With the hiring of a new WEDC Assistant Director, amore formalized Business Retention & Expansion Program will be implemented. Over the past 20 years, 48% of WEDC projects have been the result of local businesses expanding their operations. As the business community grows, it is more difficult to develop relationships with business leaders without a more formalized effort. With the implementation of a BRE program aimed at interfacing with all commercial businesses over a specified time period, determining their readiness for expansion (facilities or machinery & equipment), and the development of incentive programs to facilitate that investment, the WEDC willnot only meet its primary mission of growing and diversifying the local tax base, but assist local businesses that have already invested in the Wylie community. New investors have purchased the Barix Hospital property on State Highway 78 and the adjacent 3 story office building. With the hospital being vacant for the past 10 years and the office building grossly underutilized for the same period of time, 2016 provides a tremendous opportunity topartner with the new investment group to maximize this site’s potential. Whether it be property tax incentives, permit fee waivers, or assistance with access and infrastructure upgrades, all options for assistance should be considered. Finally, with the completion of a concept plan for mixed-use development on Jackson Street to complement Wylie’s Historic Downtown, the WEDC must identify investors willing to implement this vision. While many issues directlyimpacting this area are as of yet unclear (i.e. access, traffic flow, parking, building height, etc.), the public/private partnership is key to success and must be pursued with greater urgency. - 5 - Wylie City Council AGENDA REPORT January 26, 2016 6 Meeting Date:ItemNumber: (City Secretary’s Use Only) Engineering Department: EngineeringN/A Prepared By:Account Code: December 28, 2015N/A Date Prepared:Budgeted Amount: Resolution, ILA Exhibits: Subject Consider and act upon,approval of Resolution No. 2016-05(R)authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District concerning the reconstruction of Eubanks Lane from SH78 to the NTMWD entrance. Recommendation Motion to approve Resolution No. 2016-05(R)authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District concerning the reconstruction of Eubanks Lane from SH78 to the NTMWD entrance. Discussion The North Texas Municipal Water District (NTMWD) has multiple entrances into their property and plant site with the main truck entrance being locatedon Eubanks Lane just north of the railroad crossing.The westbound SH78 to northbound Eubanks turn is difficult for large trucks to navigate, and as a result, they are currently using Spring Creek and Centennial to access Eubanks and the main truck entrance. Also, due to the amount of trucks using Eubanks, the paving is in poor condition and requires constant maintenance by our public works department. Staff has been working with NTMWD to develop an agreement for the reconstruction of Eubanks from SH78 to the NTMWD entrance. The attached interlocal agreement outlines the project responsibilities and cost participation for each entity. Engineering and right of way acquisition would be the responsibility of the City of Wylie at a projected cost of $387,000. The construction of the project would be split with NTMWD paying 80% and the City of Wylie paying 20% of the cost as shown in the attached project cost share table. NTMWD would also pay 100% of a proposed westbound deceleration and turn lane on SH78 at Eubanks (TxDOT approval is required). Improvements to Eubanks Lane are included in the Thoroughfare Capital Improvements Plan and impact fee calculation. Staff recommends using impact fee funds for the engineering and right of way acquisition. The current west zone thoroughfare impact fee balance is approximately $950,000. A funding source for the construction of the project has not yet been identified. (Rev 01/2014)Page 1of 1 RESOLUTION NO. 2016-05(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 THE NORTH TEXAS MUNICIPAL WATER DISTRICT (NTMWD)AND THE CITY OF WYLIE CONCERNING THE RECONSTRUCTION OF EUBANKS LANE FROM SH78 TO THE NTMWD ENTRANCE. 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 Interlocalagreement between NTMWDand the City of Wylie concerning the reconstruction of Eubanks Lane from SH78 to the NTMWD entrance, SECTION 2: This Resolution shall take effect immediately upon its passage. th RESOLVED THIS THE 26day of January,2016. ______________________________ ERIC HOGUE, Mayor ATTEST TO: ____________________________ CAROLE EHRLICH, City Secretary Resolution No. 2016-05(R) ILAwith(NTMWD) concerning the reconstruction of Eubanks Lane from SH78 to the NTMWD entrance. 1 EXHIBIT “A” Interlocal Agreement Resolution No. 2016-05(R) ILAwith(NTMWD) concerning the reconstruction of Eubanks Lane from SH78 to the NTMWD entrance. 2 STATE OF TEXAS§ § COUNTY OF COLLIN§ INTERLOCAL COOPERATION AGREEMENT BETWEEN THECITY OF WYLIE, TEXAS AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT This Interlocal Cooperation Agreement (“Agreement”) is made and enteredby and City ofWylie,TexasNorth Texas between the ,ahome rule municipality(“City”), and the Municipal Water District ,a political subdivision of the State of Texas(“NTMWD”).City and NTMWD at times are referred to herein as a “party” or collectively as the “parties.” WITNESSETH: WHEREAS, City hasinvestigated and determined that a needexists for the design, repair, reconstruction, improvement and maintenance ofEubanks Lane from SH 78 tothe entrance of theNTMWD site, located on Eubanks Lane(“Project”); and WHEREAS, Eubanks Lane is located within the corporate boundaries of City; and WHEREAS, NTMWD desires to contribute funds to pay a portion of the construction costs of the Project; and WHEREAS,the Interlocal Cooperation Act, codified at Section 791.001et seq. of the Texas Government Code(“Act”),authorizes local governmentsto contract with one anotherto perform governmental functions and services under the terms of the Act; and WHEREAS, City and NTMWDfind that the Projectwill provide a public benefit to both City and NTMWDand that a cooperative effort by City and NTMWDpursuant to the Actwill more efficiently accomplish the purposes set forth herein; and WHEREAS, the parties will have current funds available to satisfy their obligations at the time those obligations become due. NOW, THEREFORE, for the mutual covenants and consideration expressed herein, City and NTMWD hereby agree as follows: Description of Project 1.. The Project consists of the design, repair, reconstruction, improvement and maintenance ofEubanks Lane from SH 78 tothe entrance of the NTMWD site, located on Eubanks Lane. The Project is more particularly describedin Exhibit A,attached hereto and incorporated herein for all purposes. Design and Construction of Project 2..City shalldesign, constructand managethe Project.City shall provide a copy of the Project design plans to NTMWD for approval, whichapproval shall not be unreasonably withheld, conditioned, denied or delayed. If Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 1of 9 675667 City does not receive NTMWD’s approval of the Project design plans within ninety (90) days after City submits the Project design plans to NTMWD, such Project design plans shall be deemed approved by NTMWD. Project Costs 3..The estimated construction costs of the Project are one million six hundred thirty thousand and 00/100 Dollars ($1,630,000) (the “Estimated Construction Costs”). The phrase “actual construction costs” as used herein shall mean the construction costs, geotechnical materials testing and inspection fees associated with the Projectthat are actually paidby City to third-parties.The term “actual construction costs” shall not include salaries, wages, costs and/or expenses incurred by the City’s staff and/or employees. The phrase “cost overruns” as used herein shall mean actual construction coststhatareincurred by Cityin connection with the Project thatare over and above the Estimated Construction Costs. NTMWD’sReimbursement of a Portion of the EstimatedDesign and Construction 4. Costs .NTMWDagrees to reimburse City eighty percent (80%)of theEstimated Construction Costs, or one million three hundred nineteen thousand and 00/100 Dollars ($1,319,000), plus eighty percent (80%)of the cost overruns, if any(“NTMWD’s Contribution”).Within thirty (30)daysof an award of a construction contract for the Project,NTMWDwill tender to CityNTMWD’s agreed contribution to the Estimated Construction Costs.Should Cityincur any cost overruns in connectionwith the Project, Citywill provide NTMWDwritten notice of the same, and NTMWDshall reimburse Cityeighty percent (80%) ofthe cost overruns within thirty (30) days of receiving such notice from City.The partiesagree that NTMWD’s financial contribution to the Project shall bebased on the actualconstruction costs incurred by Cityin connection withthe Project.Within a reasonable time after receiving a reasonablerequest from NTMWD, City will provide NTMWDwith copies of any and all documents regarding the actual construction costsof the Project. Said records documenting actual construction costs shall be maintained by the City for a period of five years after the completion of the Project and shall be made available, after a reasonable period of notice, to the NTMWD for review. Deposit of NTMWD’s Contribution 5..Citywill deposit NTMWD’s Contribution in an interest-bearing account, which amount shall be held by Cityand used exclusively for payment of the actualconstruction costs of the Project; provided, however, that the partiesagree that any and all interest earned from the interest-bearing account containing the funds deposited by NTMWD in accordance with this paragraph will be applied to the NTMWD’s Contributionunder this Agreement. Acquisition of Easements/Rights-of-Way 6..Cityshall obtain all necessary easements and rights-of-way thatare necessary for the Project. The costs and expenses associated with the acquisition of all necessary easements and rights-of-way, as contemplated in this paragraph, are not a partof the actual construction costs of the Project. Relocation of Utilities 7..City shall be responsible for coordinating any necessary relocation of utilitiesthatmaybe required to commence and successfully complete the Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 2of 9 675667 Project. The costs and expenses associated with the relocation of any necessary utilities, as contemplated in this paragraph, are not a part of the actual construction costs of the Project. Maintenance 8..Upon completionof the Project,Cityshall be solely responsible for the continuedmaintenanceof the Projectafter completion. Ownership of Easements/Improvements 9.. Any and all easements obtained and improvements constructed pursuant to this Agreement shall, at all times, remain the sole property of City. NTMWD shall not, at any time, have or claim any ownership interest in the easements obtained or improvements constructed in connection withthe Project. Term 10..This Agreement shall commence on the Effective Date and remain infull force and effect until the Project has been completed and accepted by Cityor unless terminatedasprovidedherein. Remedies 11.. Failure of Project; Limitation of Liability. If, for any reason other than default by NTMWD, the Project is not pursued to completion, NTMWD agrees that its sole remedy, and City’s sole liability to NTMWD, is the return of any monies paid by NTMWD to City pursuant to this Agreement, less the actual construction costs already expended by the Cityat the time of default. If the Project is not pursued to completion as a result of NTMWD’s default of this Agreement, Cityagrees that its sole remedy, and NTMWD’s sole liability to City, shall berecovery from NTMWD in an amountlimited to 80% of the actual construction costs. The parties expressly waive their rights to the recovery from one another of incidental and/or consequential damages. Miscellaneous 12.. Notice a..Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested;by facsimile; by electronic mail, with documentation evidencing the addressee’s receipt thereof; or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to City, addressed to it at: City of Wylie Attn: Mindy Manson Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 3of 9 675667 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6006 Facsimile: (972) 516-6026 Email: mindy.manson@wylietexas.gov with a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email:rpittman@abernathy-law.com If to NTMWD, addressed to it at: North Texas Municipal Water District Attn: Judd Sanderson 505 E. Brown Street Wylie, Texas 75098 Telephone: (972) 442-5405 Email:jsanderson@ntmwd.com with a copy to: Saunders Walsh & Beard Attention: Mark A. Walsh 6850 TPC Drive, Suite 210 McKinney, Texas 75070 Telephone: (214) 919-3555 Facsimile: (214) 615-9019 Email:mark@saunderswalsh.com Assignment b.. This Agreement is not assignable. Entire Agreement c.. This Agreement contains the entire agreement of the parties with respect to the matters contained herein andmay not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. GoverningLaw/Venue d..The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement ofthis Agreement, without regard to conflict of law principles. This Agreement isperformable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 4of 9 675667 Consideration e.. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Multiple Counterparts f.. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Authority to Execute g..Theindividuals executing this Agreement on behalf of the respective parties below represent to each and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Savings/Severability h..In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. Representations i..Each party representsthat it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. Responsibilities j..The partiesagree that neither party is an agent, servant, or employee of the other party and that each party is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representativesand agents.The parties agree that the Project is not a joint venture or joint enterprise. Immunity k..The parties acknowledge and agree that, in executing and performing this Agreement, the parties havenot waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to themagainst 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 than those set forth herein. No Third Party Beneficiaries l.. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 5of 9 675667 parties do not intend to create any third party beneficiaries by entering into this Agreement. Miscellaneous Drafting Provisions m.. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to it fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. \[Signature page follows.\] Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 6of 9 675667 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature below) will be deemed the effective date of this Agreement(“Effective Date”). CITY OF WYLIE,TEXAS, a home-rule municipality _______________________________ By: Mindy Manson, City Manager Date: ______________________________ ATTEST: _____________________________ Carole Ehrlich, City Secretary NORTH TEXAS MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas By: _______________________________ Print Name: ________________________ Title: ______________________________ Date: ______________________________ ATTEST: _____________________________ Print Name: __________________ Title: ________________________ Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 7of 9 675667 STATE OF TEXAS§ § COUNTY OF COLLIN§ MINDY BEFORE ME, the undersigned authority, on this day personally appeared MANSON , known to meto be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that he is the City Managerand duly authorized CITY OF WYLIE, TEXAS representative of the , a home-rule municipality, and that she executed the same for the purposes and consideration therein stated and in the capacity therein CITY OF WYLIE, TEXAS stated as the act and deed of the . IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2015. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS§ § COUNTY OF COLLIN§ BEFORE ME, the undersigned authority, on this day personally appeared __________________ , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the ____________________and duly NORTH TEXAS MUNICIPAL WATER DISTRICT authorized representative of the ,a political subdivision of the State of Texas, and that he executed the same for the purposes and NORTH consideration therein stated and in the capacity therein stated as the act and deed of the TEXAS MUNICIPAL WATER DISTRICT . IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2015. Notary Public, State of Texas My Commission Expires: Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 8of 9 675667 Exhibit A Project Description Interlocal Cooperation Agreement –EubanksLane Improvements FundingPage 9of 9 675667 SH78 EubanksLanePavingandDrainageImprovements PRELIMINARYOPINIONOFCONSTRUCTIONCOST ItemNo.DescriptionQtyUnitPriceAmount ProjectDescription:A4laneUndividedThoroughfare,11 ft.lanes,10inchReinforcedConcretePavementwith12 inchSubgrade,CurbsandUndergroundStormDrainage Segment1:SH78toSouthSideofRRCrossing ProjectLength860L.F. Width45BB 1RightofwayPreparation9Sta.5,000.00$$43,000 2UnclassifiedExcavation2,994C.Y.12.00$$35,929 312inchLimeTreatedSubgrade4,491S.Y.$5.00$22,456 4HydratedLime@65#/S.Y.146Tons170.00$$24,813 56inchMonolithicConcreteCurb1,720L.F.$2.00$3,440 610inchReinforcedConcretePavement4,300S.Y.50.00$$215,000 7ReinforcedConcreteDriveways(30'widex25'deep)83S.Y.45.00$$3,750 )211S.Y.45.00$$9,500 8SideStreetConcreteTransition(38'widex50'deep 9RemoveExistingConcretePavement2,102S.Y.12.00$$25,227 g2,293S.Y.7.00$$16,053 10FinishGradeandSoddin 115footWideReinforcedConcreteSidewalk478S.Y.45.00$$21,500 12HandicapRamps2Ea.1,500.00$$3,000 13SH78RightTurnLane(100%NTMWDconstruction)1Ea.75,000.00$$75,000 PavingImprovementsSubtotal:$498,668 14UndergroundStormDrainageImprovements30%ofPavingImprovements149,600$ DrainageImprovementsSubtotal:$149,600 15SignalizationImprovements1L.S.75,000.00$$75,000 )$ 16LandscapingandIrrigationImprovements(NotIncluded 17StreetLightingImprovements(NotIncluded)$ AestheticsandSignalizationSubtotal:$75,000.00 Paving,Drainage,Signalization:$723,268 Contingency:15%$108,490 OpinionofProbableConstructionCost:$830,000 ConstructionCostperLinearFoot:$965.12 ItemNo.DescriptionQtyUnitPriceAmount ProjectDescription:A4laneUndividedThoroughfare,11 ft.lanes,10inchReinforcedConcretePavementwith12 inchSubgrade,CurbsandUndergroundStormDrainage Segment2:RRCrossing ProjectLength150L.F. Width45BB 1RRCrossing1L.S.500,000.00$$500,000 2ObservationandFlagging1L.S.30,000.00$$30,000 PavingImprovementsSubtotal:$530,000 Paving,Drainage,Signalization:$530,000 Contingency:15%$79,500 OpinionofProbableConstructionCost:$610,000 ConstructionCostperLinearFoot:$4,066.67 12/21/2015 ItemNo.DescriptionQtyUnitPriceAmount ProjectDescription:A4laneUndividedThoroughfare,11 ft.lanes,10inchReinforcedConcretePavementwith12 inchSubgrade,CurbsandUndergroundStormDrainage Segment3:RRCrossingtoNorthSideofNTMWDEntrance ProjectLength215L.F. Width45BB 1RightofwayPreparation2Sta.5,000.00$$10,750 2UnclassifiedExcavation749C.Y.12.00$$8,982 312inchLimeTreatedSubgrade1,123S.Y.υЎ͵ЉЉ$5,614 4HydratedLime@65#/S.Y.36Tons170.00$$6,203 56inchMonolithicConcreteCurb860L.F.$2.00$1,720 610inchReinforcedConcretePavement1,075S.Y.50.00$$53,750 7ReinforcedConcreteDriveways(18'widex25'deep)100S.Y.45.00$$4,500 )560S.Y.45.00$$25,200 8SideStreetConcreteTransition(100'widex50'deep 9RemoveExistingConcretePavement100S.Y.12.00$$1,200 10FinishGradeandSodding573S.Y.7.00$$4,013 115footWideReinforcedConcreteSidewalk119S.Y.45.00$$5,375 12HandicapRamps2Ea.1,500.00$$3,000 PavingImprovementsSubtotal:$130,000 s30%ofPavingImprovements39,000$ 13UndergroundStormDrainageImprovement DrainageImprovementsSubtotal:$39,000 14SignalizationImprovements(NotIncluded)$ 15LandscapingandIrrigationImprovements(NotIncluded)$ 16StreetLightingImprovements(NotIncluded)$ AestheticsandSignalizationSubtotal:$ Paving,Drainage,Signalization:$169,000 Contingency:15%$25,350 :$190,000 OpinionofProbableConstructionCost ConstructionCostperLinearFoot:$883.72 TotalOpinionofProbableConstructionCost(Segments13):$1,630,000 Engineering,Surveying,ROWDocuments,andGeotechnical:12%$200,000 Testing$15,000 RightofWay2.81Ac.50,000.00$$140,000 RightofWayAcquisition8Parcels4,000.00$$32,000 TotalProjectCost$2,017,000 12/21/2015 PROJECTCOSTSHARE CityofWylieNTMWD %Share$%Share$TOTAL Segment1SH78toRRCrossing20%151,000$80%$604,000$755,000 Segment1Decelerationandrightturnlane0%100%$75,000$75,000 Segment2RRCrossing20%122,000$80%$488,000$610,000 Segment3RRCrossingtoNTMWDEntrance20%38,000$80%$152,000$190,000 Segment13EngineeringandROW100%387,000$0%$$387,000 TOTAL35%698,000$65%$1,319,000$2,017,000 CostEstimatewithcostshare12/28/2015