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12-06-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA December 6, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS • Presentation to the Citizens Bond Advisory Committee CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Special Called Joint Work Session and the Called City Council Meeting of November 14, 2005 and the November 17, 2005 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Replat for Wylie Retail Center generally located at the northeast corner of F.M. 544 and McCreary Road. (M. Manson,Assistant City Manager) C. Consider and act upon a Preliminary Plat for Birmingham Addition generally located north of Brown Street and east of Country Club (FM 1378). (M. Manson,Assistant City Manager) D. Consider and act upon a Preliminary Plat for the Shahi Group Addition generally located south of S. H. 78 North and west of Spring Creek Parkway. (M. Manson,Assistant City Manager) E. Consider and act upon a Preliminary Plat for the Braddock Place Addition Phase 1 generally located west of South Stone Road (Old F.M. 544) and south of Elm Drive. (M. Manson, Assistant City Manager) F. Consider and act upon a Final Plat for Wylie Senior Care Addition generally located at the southeast corner of State Hwy 78 and Kirby Street. (M. Manson,Assistant City Manager) G. Consider and act upon Ordinance No. 2005-75 amending Ordinance No. 2005-64; adopting amendments to the 2003 edition of the International Residential Code regarding fire sprinkler systems in Townhouse; 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. (S. Seddig, Fire Marshal) H. Consider and act upon awarding a contract in the amount of$120,500.00 to M & M Steel Buildings for the construction of a fire training facility. (N. Flores,Assistant Fire Chief) I. Consider and act upon authorizing additional funds in the amount of$79,591.03 for the completion of the Muddy Creek Interceptor System. (C. Holsted, City Engineer) J. Consider and act upon Resolution No. 2005-35(R) amending Resolution No. 2005-08(R), recommending the abandonment of right-of-way by TxDOT along SH 78 at the intersection with Birmingham Avenue. (M. Manson,Assistant City Manager) ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION Public Hearing 1. Consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) District for mixed uses, including retail and residential of varied densities. ZC 2005-19 (M. Manson,Assistant City Manager) Executive Summary The applicant requested to table this item until the December 6,2005 Planning and Zoning meeting to allow time to revisit larger lot sizes. However,because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment,and then table the item to the January 10 meeting. 2. Consider and act upon the approval of Resolution 2005-36(R)establishing a new official City logo. Executive Summary In early 2005, the Public Information Officer (PIO)began a project with Briley & Stables Creative to re-create the City logo and various departmental logos. This project, funded in the FY 2004-05 Budget, was initiated due to the lack of original vector files for the City and departmental logos. For these logos,there were also no defined colors and fonts. On a voluntary basis and at no additional cost, Briley & Stables Creative presented the PIO with some variations of the City logo. The PIO presented these variations to the City's Communications Committee for discussion and consideration. 3. Consider and act upon Resolution No. 2005-37(R) of the City Council of the City Of Wylie, Collin County, Texas, amending Resolution 95-01 and the By Laws of the Wylie Parks And Recreation Facilities Development Corporation of the City Of Wylie, Texas adopted January 23, 1995. (C. Ehrlich, City Secretary) Executive Summary Resolution#95-01 established the Wylie Parks and Recreation Facilities Development Corporation for the City of Wylie. Staff has reviewed the Resolution adopted in 1995 and found some revisions necessary due to changes in the Open Meetings laws and subsequent posting requirements. Changes were also made to Article V, regulating resignations and indemnification of Directors,Officers and Employees. 4. Consider and act upon Ordinance No. 2005-76 adopting a Clean Fleet Vehicle Policy; providing for the repeal of all ordinances in conflict; providing for a severability clause; and providing for an effective date. (M.Roath, City Manager) Executive Summary On October 13, 2005, the Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG)passed a Clean Fleet Vehicle Policy Resolution as well as a Model Ordinance for local government entities to consider and adopt. The Model Ordinance is voluntary; however, RTC funding incentives and procurement assistance is tied to its adoption by local governments. 5. Consider and act upon Ordinance No. 2005-77 authorizing the City Manager of the City of Wylie, Texas to execute documents, agreements, and contracts approved by the City Council of the City of Wylie, Texas without requiring further authorization; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (M. Roath, City Manager) Executive Summary This Ordinance allows the City Manager to sign documents, agreements or contracts in two particular situations: If the City Council, at a lawfully held regular or called meeting authorizes it, and if the City Council authorized the expenditures through the Annual Operating Budget; but not to exceed $5,000. For example, if the Council authorized a particular department to lease a copier; then, the City Manager would have the authority to sign the lease without further action by the City Council but not to exceed the amount specified in the Ordinance. 6. Consider and act upon Ordinance No. 2005-78 denying the Request of ATMOS Energy Corporation, Mid-Tex Division, for an Annual Gas Reliability Infrastructure Program Rate Increase; approving cooperation with other cities within the ATMOS Energy Corporation, Mid- Tex Division distribution system; authorizing ATMOS Cities Steering Committee to hire legal and consulting services and to negotiate with the Company and direct any necessary litigation; authorizing intervention as part of ACSC in any appeal of the City's action to the Railroad Commission; providing a requirement for a prompt reimbursement of costs incurred by the City; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to ATMOS Energy Corporation, Mid-Tex Division. (M. Roath, City Manager) Executive Summary The law requires that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following a filing. The Company can set the "effective date"for any date after the 60th day. The effective date may be suspended by a city for 45 days. This ordinance denies the surcharge request on the grounds that it does not comply with the law and is not reasonable. 7. Consider and act upon Ordinance No. 2005-79 amending the FY 2005-06 budget in the amount of $200,000 for the purchase of real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park. (M. Sferra,Public Services Director) Executive Summary On November 17, 2005, Council authorized the Mayor to execute a real estate sales contract which allowed the City 30 days to complete a Phase 1 environmental assessment of the subject property. The assessment has been conducted by Alpha Testing, Inc., and no contaminants were found. As stated in the November 17, 2005 communication to Council, staff negotiated with the seller and arrived at a total purchase price of$60,582.58 ($60,000 purchase plus '/2 of closing costs in the amount of$582.58. The seller is responsible for the payment of property taxes in the amount of$700.54). Upon approval of the requested budget amendment, a closing will be scheduled to occur before December 31, 2005. Upon completion of the sale and submittal of required documentation, the County will reimburse the City in the amount of $21,000.00 as part of the parks and open space grant project. 8. Consider and act upon authorizing the Mayor to execute a real estate sales contract for the purchase of right-of-way for Kirby Street generally located at the northeast corner of SH78 and Kirby Street. (C. Holsted, City Engineer) Executive Summary Staff discussed the purchase of additional right-of-way for Kirby Street with Council on the September 27, 2005 Council meeting. The purchase includes 2,283 square feet of right-of-way for the completion of the turn lane on Kirby Street. Construction of the additional pavement will be included in the SH 78 expansion project which will be bid by TxDOT in approximately 18 months. The total purchase price for the property is $57,075.00 and closing will take place as soon as possible. 9. Consider and act upon purchase of right-of-way for Kirby Street, in the amount of$15,000.00, from Khalid and Hanif Corporation. Executive Summary The Kirby Street paving project was constructed in 2001, and right of way acquisition for the project started in 1999. Based on existing plats for the subdivisions along the project,the right of way at the corner of Kirby Street and SH 78 was assumed to be 60 feet in width and therefore no further acquisition was pursued. The property at the north east corner was never platted and has recently been sold, however, the previous owner kept approximately 2,760 square feet of property which is located under the Kirby Street paving. The deed for the property makes reference to an implied right of way for Kirby Street of approximately 2,224 square feet; therefore, the remaining 536 square feet must be purchased. The City Attorney and staff have negotiated with the property owner and they have agreed to a purchase price of$15,000. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D.. ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 2nd day of December,2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Joint Work Session -Wylie City Council and Wylie Planning and Zoning Commission Monday, November 14, 2005— 7:00 p.m. Called City Council Meeting Monday, November 14, 2005— 8:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North 7:00 P.M. CALL TO ORDER-WYLIE CITY COUNCIL & PLANNING AND ZONING COMMISSION Mayor John Mondy called the Joint Work Session to order at 7:03 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom and Councilman Merrill Young arriving at 6:20 p.m. Councilwoman Reta Allen was absent. Planning and Zoning Commission Chair, Dennis Larsen called the Joint Work Session to order at 7:04 p.m. Members present were: Jamie Gregg, Joel Hemphill, Scott Ames and Red Byboth arriving at 7:45 p.m. Commission member Dave Hennesey was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; City Attorney, Julie Fort; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. WORK SESSION • Discussion of certain revisions to the residential and non-residential development requirements of the Zoning Ordinance. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager and Acting Planning & Zoning Director Mindy Manson addressed those present explaining that during the October 25, 2005 Council meeting, questions arose regarding proposed amendments to the Zoning Ordinance. At that time, the City Council requested that staff provide documents which compare the existing versus the proposed Ordinance. The item was tabled and the Public Hearing was continued to November 14,2005. Tonight presented to Council is a comparison of Article 3 Residential District Regulations,and Article 4 Nonresidential District Regulations, which shows proposed new provisions as underlined, and proposed deletions with a strike-through. Regarding the Proposed Amendments in Relation to the Entire Zoning Ordinance: Ms. Manson explained that in reviewing the proposed amendments, staff has identified some areas of concern regarding the amendments to Article 3 and Article 4 in context with the rest of the Zoning Ordinance. The Zoning Ordinance is currently structured to include residential district regulations in Article 3, nonresidential district regulations in Article 4, and use regulations in Article 5. Articles 3 and 4 specify such details as setback, structure size, and architectural requirements. These sections in the current ordinance include Charts which delineate base standards and desirable standards,followed by the Design Standards section which provides a more detailed narrative explaining the intent of the provisions within the charts. The proposed ordinance establishes new zoning districts, deletes others,and creates some changes in both the base and desirable standards,but deletes the detailed narrative in the Design Standards. It is recommended by staff, that the Design Standard sections of Articles 3 and 4 be reviewed and amended to provide the clarification needed for staff to be able to enforce and administer the ordinance as intended. She explained that within the context of the entire Zoning Ordinance, the creation and deletion of zoning categories within Articles 3 and 4 without amending Article 5 creates a disconnect Minutes—November 14,2005 Wylie City Council Page 1 between the two sections. As an example, Article 3, Section 3.1 A. creates a new zoning district of AG/30 and deletes AG/28. Article 3, Section 3.1 A. 2.Permitted Uses references the Use Chart in Article 5 to determine what land uses are permitted within AG/30, however, Articles 5 was not amended to include AG/30. This situation also applies to the proposed new districts of SF-1A/30, SF-20/26, SF-10/24,LI, and HI. She stated that the bottom line is that, as it is currently written,the ordinance amendment creates new zoning districts that cannot be applied until Article 5 can be amended to specify what land uses are permitted in each district. Therefore, staff recommends that this section of the ordinance be reviewed and amended to conform to Articles 3 and 4. Infill Zoning District Ms. Manson also explained that in discussing this district with the City Attorney, staff recommends that no action be taken regarding the Infill Zoning at this time. Further clarification of local authority is needed,particularly in the context of recent changes to State Law. Franchise Design Ms. Manson stated that during the October 25 meeting, Council requested staff to provide a definition of "franchise design". She explained that staff researched the item and offers the following examples: Franchise — the same store, often built to look exactly the same, located in multiple locations across the region or country;may be called a`chain of stores.' Franchise Architecture: The term "franchise architecture" means the design and construction of buildings for which the tenants and/or uses are readily recognizable solely by the buildings' architectural elevations, colors, materials, other architectural elements and/or the arrangement thereof. Council Discussion Council members requested information regarding some of the proposed changes to both residential and non- residential requirements,found in Article 3 and Article 4. ADJOURNMENT With no further discussion before City Council, the Mayor adjourned the Joint Work Session at 8:32 p.m. With no further discussion before the Wylie Planning & Zoning Commission, Chairman Larsen adjourned the meeting at 8:32 p.m. 8:00 P.M. CALL TO ORDER-WYLIE CITY COUNCIL SPECIAL CALLED MEETING Mayor Mondy called the Special Called Wylie City Council Meeting to order at 8:33 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom and Councilman Merrill Young. Councilwoman Reta Allen was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager and Acting Planning & Zoning Director, Mindy Manson; City Engineer, Chris Holsted; City Attorney, Julie Fort; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. Tabled Item from 10-25-05 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to continue the public hearing and remove consideration of Ordinance No. 2005-58 from the table. Consensus of Council was to remove and consider. Minutes—November 14,2005 Wylie City Council Page 2 INDIVIDUAL CONSIDERATION 1. Continue a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and non-residential development requirements of the Zoning Ordinance. (M. Manson,Assistant City Manager) Continued Public Hearing Mayor Mondy opened the continued public hearing at 8:34 p.m. asking anyone present to come forward and state their name and address for the record and limit their comments to three minutes. No one was present to address Council. Council Discussion Mayor Mondy asked City Attorney Julie Fort if it was her recommendation that the Council table Ordinance #2005-58 and continue the public hearing to another date to allow staff, legal council and the Planning& Zoning commission time to review and amend Article 5 to conform to Articles 3 and 4. Ms. Fort stated that she would make that recommendation. Councilman Newsom stated that he was in favor of approving Ordinance #2005-58 and then going back at a later date to make revisions to Article 5. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to re-table Ordinance #2005-58 and continue the public hearing to the 10t1 of January, 2006 to allow Planning & Zoning Commission and staff time to make further revisions. A vote was taken and passed 5-1 with Mayor Mondy, Mayor Pro Tem Hogue, Councilman Porter, Councilman Young and Councilman White voting for and Councilman Newsom voting against. ADJOURNMENT With no further business before Council, Mayor Pro Tem Hogue made a motion to adjourn at 8:38 p.m. with Councilman Newsom making the second. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—November 14,2005 Wylie City Council Page 3 MINUTES Wylie City Council Thursday, November 17, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilman Rick White, Councilman Carter Porter, and Councilman Earl Newsom, Mayor Pro Tem Eric Hogue, Councilman Young and Councilwoman Reta Allen. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich and various staff support and Parks Board members. INVOCATION& PLEDGE OF ALLEGIANCE Police Chaplin Dan Rainey gave the invocation and the Wylie Girl Scouts led the Pledge of Allegiance. PROCLAMATIONS AND PRESENTATIONS • Presentation of the Star Tree (Reach For A Star(RFS) Committee) 2005 Reach for a Star Committee Members; Tommy Nicholson, Mike Sferra, and Donna Valdepena asked Council Members to pick the first stars off the 2005 Reach for a Star Tree. Stars for adoption to the public will be available starting Friday, December 18, 2005. • 2ad Six Weeks Star Students—"Respect" Mayor Mondy and Mayor Pro Tem Hogue presented Certificates to students nominated for the character trait of"Respect". Mayor Mondy left the meeting at 6:20 for a planned community en2a2ement at the Smith Public Library. RECEIVE OFFICIAL CANVASS OF ELECTION RETURNS FOR THE SPECIAL BOND ELECTION OF NOVEMBER 8,2005 Consider and act upon the approval of Resolution No. 2005-28(R) declaring the results of the Official Canvass of the Special Bond Election of November 8,2005. (Mayor John Mondy) Council Action A motion was made by Councilman Young, seconded by Councilman White,to approve Resolution No. 2005- 28(R) declaring the results of the Official Canvass of the Special Bond Election of November 8, 2005. A vote was taken and passed 6-0 with Mayor Mondy absent. Minutes—November 17,2005 Wylie City Council Page 1 CITIZENS PARTICIPATION Mayor Pro Tern Hogue asked anyone present wishing to address Council to come forward state their name and address and limit their comments to three minutes. Citizen Comments Sara Whitworth residing at 901 Ann Drive,Wylie Texas addressed Council stating that she was not in favor of the proposed fee for not for profit organizations such as the Girl Scouts for the Bart Peddicord Community Center. She stated that the dues collected from the Scouts for each meeting was minimal and would not cover the proposed fees and the cookie sales money was used to take the scouts on monthly outings. She requested council to waive the fees for all scouts in the City of Wylie. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of October 25, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon Resolution No. 2005-29(R) approving the acceptance of the certified Local Option Petitions, signatures and sampling method performed for two propositions presented to the City Secretary by the Wylie Citizens for Economic Progress on October 6, 2005: 1) The legal sale of beer and wine for off-premise consumption only and 2) The legal sale of mixed beverages in restaurants by food and beverage certificate holders only. (C. Ehrlich, City Secretary) Summary On September 2,2005,the Wylie Citizens for Economic Progress(David Kan,Treasurer)submitted the applications with the required 10 verified signatures for the local option election petitions for: 1.)Legal sale of beer and wine for off-premise consumption only;and 2.)Legal sale of mixed beverages in restaurants by food and beverage certificate holders only. After a review of various local governments'local option petition forms,draft forms were reviewed by the City Attorney's Office,approved and issued to the petitioners on September 13,2005.On October 6,2005,the petition forms for both propositions were submitted back to the City with 1801 and 1766,signatures,respectively.During the weeks of October 7-19,2005 the signatures of registered Wylie voters were verified using a statistical sampling method as provided by the Texas Election Code(Code)Section 501.031. Both petitions were required to contain 1129 voter signatures(1129 represents 35%of the Wylie citizens in Dallas,Collin and Rockwall Counties that voted in the last Governor's election in November 2002,Reference-Code 501.032). Both petitions exceeded the required 1129 valid signatures;actually both petitions exceeded this requirement by an additional 50-60%.Both petitions had a high percentage of valid signatures from this sampling of around 75%.Forms showing the names of the registered voters signing the petitions are on file in the City Secretary's Office for review. C. Consider and act upon Resolution No. 2005-30(R) calling a Special Election for Local Option Propositions for May 13,2006. (C. Ehrlich, City Secretary) D. Consider and act upon a Final Plat for Wylie Lakes Phase 2, property being generally located at the southeast corner of Forest Ross Road and Skyview Drive. (M. Manson,Assistant City Manager) E. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 12, property being generally located northeast of Woodbridge Phase 9 at the intersection of Lost Highlands Lane and Highland Meadows Drive. (M. Manson,Assistant City Manager) F. Consider and act upon approval of final acceptance of the Second and Third Street Water Line project for replacement of a water line in the alley between Second Street and Third Street and authorize final payment to Saber Development, in the amount of$8,126.42, and accept the project as complete. (C. Holsted, City Engineer) Minutes—November 17,2005 Wylie City Council Page 2 G. Consider and act upon authorizing the Mayor to execute utility easements for Atmos Energy facilities located along Ballard Avenue. (C. Hoisted, City Engineer) H. Consider and act upon a request from Cub Scout Pack 301 to have a fundraiser at the Bart Peddicord Community Center on January 21,2006. (R. Diaz,Parks and Recreation Supervisor) I. Consider and act upon request from the Lions Club to sell "Picnic Packs" as a fundraiser during the fall 2005 and spring 2006 sport seasons at Community Park and Founders Park. (R. Diaz,Parks and Recreation Supervisor) J. Consider and act upon authorizing the Mayor to enter into an agreement with the American Society of Composers, Authors and Publishers (ASCAP) in the amount o $268.00 for music licensing for 2006. (R. Diaz,Parks and Recreation Supervisor) K. Consider and act upon authorizing the Mayor to enter into an agreement with Stewart Schwensen Productions in the amount of $64,750.00 for entertainment/staging for the summer concerts. (R. Diaz,Parks and Recreation Supervisor) L. Consider and act upon authorizing the Mayor to enter into an agreement with Stewart Schwensen Productions in the amount of $6,500.00 for entertainment/staging for two fall concerts. (R Diaz, Parks and Recreation and Supervisor) M. Consider and act upon authorizing the Mayor to enter into a contract between the City of Wylie and Tutor.com for online homework assistance. (R. Orozco,Library Director) N. Consider and act upon authorizing the Mayor to sign a grant agreement with TxDOT for the acceptance of a STEP—WAVE grant award in the amount of$15,000.00 for Fiscal Year 2006 to pay Wylie Police Officers overtime to work DWI and speeding traffic enforcement during holiday periods. (J. Butters,Police Chief) O. Consider and act upon authorizing the Mayor to enter into an agreement with Wylie Auto Towing for towing services from January 1,2006 to December 31,2006. (J. Butters,Police Chief) P. Consider and act upon authorizing the Mayor to enter into a Landscape Installation/Maintenance Agreement with TxDOT for the installation of landscaping and welcome signs on State Highway 78, FM 544, and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78, and designating a point-of-contact to coordinate with TxDOT. (M. Sferra, Public Services Director) Q. Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County for improvements to Joel Scott Park. (M. Sferra,Public Services Director) R. Consider and act upon authorizing the Mayor to execute an agreement between Wylie Northeast Water Supply District and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. (L Williamson, Finance Director) S. Consider and act upon Ordinance No. 2005-59 adopting the 2003 edition of the International Property Maintenance Code and repealing all conflicting ordinances. (J. Bray,Building Director) Minutes—November 17,2005 Wylie City Council Page 3 T. Consider and act upon Ordinance No. 2005-60 adopting the 2003 edition of the International Mechanical Code and repealing all conflicting ordinances. (J. Bray,Building Director) U. Consider and act upon Ordinance No. 2005-61 adopting the 2003 edition of the International Plumbing Code and repealing all conflicting ordinances. (J. Bray,Building Director) V. Consider and act upon Ordinance No. 2005-62 adopting the 2003 edition of the International Energy Conservation Code and repealing all conflicting ordinances. (J. Bray,Building Director) W. Consider and act upon Ordinance No. 2005-63 adopting the 2003 edition of the International Building Code and repealing all conflicting ordinances. (J. Bray,Building Director) X. Consider and act upon Ordinance No. 2005-64 adopting the 2003 edition of the International Residential Code and repealing all conflicting ordinances. (J. Bray,Building Director) Y. Consider and act upon Ordinance No. 2005-65 adopting the 2003 edition of the National Electrical Code and repealing all conflicting ordinances. (J. Bray,Building Director) Z. Consider and act upon Ordinance No. 2005-66 adopting the 2003 edition of the International Fuel Gas Code and repealing all conflicting ordinances. (J. Bray,Building Director) Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Mondy absent. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION Public Hearing 1. Hold a Public Hearing and consider and act upon the withdrawal by the applicant concerning the issuance of a Specific Use Permit (SUP) for an Amateur Communications Tower and Antenna to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. Zoning Case 2005-20 (M. Manson,Assistant City Manager) Staff Comments Acting Planning and Zoning Director Manson addressed Council stating that the legal owner of the property has decided not to move forward with the development, and requests that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. Public Hearing Mayor Pro Tem Hogue opened the public hearing at 6:27 p.m. With no one present to address Council, Mayor Pro Tem Hogue closed the public hearing at 6:27 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to accept the withdrawal by the applicant, Cantral Eargle for a special use permit for Zoning Case #2005-20. A vote was taken and passed 6-0 with Mayor Mondy absent. Minutes—November 17,2005 Wylie City Council Page 4 2. Consider and act upon Resolution No. 2005-31(R) establishing a policy on Employee Use of E-mail and Internet; repealing all policies in conflict herewith to the extent of such conflict; and providing for an effective date. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the Internet and E-mail have come to local government offices bringing with them all the great benefits of increased efficiency, greater access to information, and improved communications within the office and with the public. This proposed policy; however, addresses some of the risks that may arise from this new technology.He explained that this policy sets forth perimeters in usage of the City Internet and e- mail access. This gives the City enforcement rights and determines that all correspondence is public record. Mayor Pro Tem Hogue asked if there was a policy currently in effect.Mr.Roath stated that there was but the policy presented tonight was in more detail and addressed issues not addressed in the current policy. Councilman Newsom asked if there were filters in place on our current system. Mr. Roath replied that there were. He explained that the IS Technician was very knowledgeable and had implemented extensive filters and other safeguards on the City systems. Councilman Young asked if we were micro managing this issue. Mr.Roath replied that these regulations were not overly strict just restricting such things as conducting personal businesses at work, sexual harassment, and other issues. Councilman Young asked why Council rather than administration was asked to approve this. Mr. Roath stated that he was presenting the policy to Council,because it was in the form of a Resolution that gave the policy teeth for enforcement. Mayor Pro Tem Hogue stated that at EDS there was a policy in place very similar to the one presented tonight.He explained that it was in effect for the company's safety. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2005- 31(R) establishing a policy on Employee Use of E-mail and Internet; repealing all policies in conflict herewith to the extent of such conflict; and providing for an effective date. A vote was taken and passed 6-0 with Mayor Mondy absent. 3. Consider and act upon Resolution No. 2005-32(R) amending the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized investments for Governmental Entities. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Investment Policy is being amended to change the following: (1) Commercial paper has been eliminated from authorized investments. (2) Extend the maturities of investments for those funds that are not needed for liquity. (3) Change certain procedures in reporting, cash management practices and investment strategies that have been updated to reflect the City's new cash management system and investment programs. Council Action A motion was made by Councilman White, seconded by Councilman Newsom to approve Resolution No. 2005-32(R) amending the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. A vote was taken and passed 6-0 with Mayor Mondy absent. 4. Consider and act upon Resolution No. 2005-33(R) adopting Financial Management Policies for the City of Wylie, Texas. (L. Williamson, Finance Director) Minutes—November 17,2005 Wylie City Council Page 5 Staff Comments Finance Director Williamson addressed Council stating that the purpose of the Financial Management Policies is to formalize financial guidelines for the City. The Financial Policy Manual will assist city staff in planning and directing the city's financial affairs and create a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. Council Discussion Mayor Pro Tem Hogue asked Mr. Williamson if the City had any internal auditing within the finance department in place. Mr. Williamson replied that at this time there was not,but as the City grew he would recommend having an internal audit by staff.He explained that the outside auditors did do some internal auditing each year but the proposed policy would give the City the capability to,at some point,put an internal audit by staff in place. Council Action A motion was made by Councilman Porter, seconded by Councilman Newsom to approve Resolution No. 2005-33(R) adopting Financial Management Policies for the City of Wylie, Texas. A vote was taken and passed 6-0 with Mayor Mondy absent. 5. Consider and act upon Ordinance No. 2005-67 amending Chapter 114, Section 114-68 (Utilities, Meter Deposits) of Wylie's Code of Ordinances; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that Section 114-68 of the current Code reads as follows: "Each water consumer shall put up a meter deposit in an amount established by resolution which may be applied to the payment of any unpaid bills, and, when so used, the deposits shall be restored to the original amount. Any unused portion of the deposit shall be refunded at any time the account or service is discontinued." This proposed ordinance amends the above section by allowing new residential customers to submit a verifiable letter of reference,from a public or private utility,in lieu of a meter deposit under certain conditions. In addition,this proposed ordinance also amends the above section by allowing a refund to residential customers with"a good payment record"as defined therein. Council Discussion Councilman Newsom asked what the current deposit was.Mr. Williamson stated it was$60.00 but a fee change presented in the agenda tonight would increase that deposit amount. Councilman Young stated he liked the idea but wondered how time consuming this would be. Mr. Williamson stated that parameters could be placed on the computer system to pull up certain accounts. He explained that if Council gave approval tonight, all accounts could be credited by 10:00 a.m. tomorrow. Councilwoman Allen asked who was collecting the utility bills. Mr. Williamson stated that the City was contracting with the bank to open and process utility bills. They subcontract this service to a company in Dallas. He explained that the cost effectiveness of making this change was from hiring 1 and '/2 persons within the City to open and process the daily mail at a cost of close to $60,000 compared to contracting the service with the bank, to process all payments with an annual fee of$25,000,giving the City a savings of$35,000. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Ordinance No. 2005-67(R) amending Chapter 114, Section 114-68 (Utilities, Meter Deposits) of Wylie's Code of Ordinances. A vote was taken and passed 6-0 with Mayor Mondy absent. Minutes—November 17,2005 Wylie City Council Page 6 6. Consider and act upon authorizing the Mayor to execute a real estate sales contract for the purchase of real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue,Wylie, Texas. (M. Sferra,Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that the Public Services Department is in the process of acquiring a parcel of land located at 105 South Jackson Avenue. The 6,142 square foot parcel is currently surrounded on three sides by Olde City Park. If successfully acquired, the parcel will become incorporated into Olde City Park, and a 1,500 square foot pavilion will be erected on the site as part of a current Collin County parks and open space grant project. Execution of the sales contract will allow the City 30 days to complete a Phase 1 environmental assessment of the property. If contaminants are found on the property, the City may terminate the contract and not purchase the parcel. If no contaminants are found,it is anticipated that a closing will be scheduled to occur before December 31,2005. Council Action A motion was made by Councilman Young, seconded by Councilman White to authorize the Mayor to execute a real estate sales contract for the purchase of real property in the amount of$60,000, plus '/2 of the closing fees, located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas. A vote was taken and passed 6-0 with Mayor Mondy absent. 7. Consider and act upon Ordinance No. 2005-68 amending the fees, policies, and procedures of the Bart Peddicord Community Center. (M. Sferra,Public Services Director) Staff Comments The Bart Peddicord Community Center was opened in 1997. The facility's rental fees have been the same since it opened. Staff has been encouraged to review all existing departmental fees and identify those that may need to be updated and/or revised. In August 2005, staff surveyed the cities of Plano, Allen, McKinney, Frisco, Carrollton, Cedar Hill, and the WISD and found that Wylie's Community Center rental fees were the lowest in the area. The hourly rental charge is currently $10 for residents, $15 for non-residents, and free for non-profit groups. Staff's intent in reviewing the fee is to present,for the Park Board and City Council's consideration,the concept of collecting revenue that at least covers the cost of staff time,building maintenance costs, and utility costs incurred during the rental period. Mr. Sferra presented a short slide presentation regarding comparison fees charged in other cities and cost involved in maintaining the Bart Peddicord Community Center. Council Discussion Councilman Newsom asked what hours the center was opened. Mr. Sferra stated that the center was opened from 9:00 a.m. to 3 p.m. Tori Hindman, Community Center Director stated that during that time herself and one other employee were on staff. Councilman Newsom stated that he was not in favor of charging scouts for these facilities. He felt the dues were not sufficient to pay these increased fees. He explained that this center was called the Bart Peddicord"Community" Center whereby these facilities should be available to the community. He stated that Wylie had one of the highest taxes and should also have the lowest fees for services it provides. Councilman Young stated that he agreed with Councilman Newsom. We have to look at"Quality of Life" for our citizens, and part of this quality of life should be accessibility to the services we provide. He went on to explain that he was however in favor of charging more for non residents than what is proposed. Councilman Newsom agreed to an increase for non residents. Mayor Pro Tem Hogue agreed that this center should be available for the scouts. Councilwoman Allen also agreed that the scouts should not be charged but she felt the churches should be charged for facilities. Councilman Newsom and Young concurred. Councilman White asked what percentage of non profits A, B, and C were using the facility. Mr. Sferra stated that the majority was scout troops for meeting times. Councilman White asked how often the city had to deny citizens access to the center due to availability. Ms.Hindman replied that availability was usually not an issue. City Manager Roath commented that facilities are built for use by the citizens of Wylie. The tax dollars expended to build these facilities is the service the City provides to it's citizens. When a citizen uses these facilities,they should be charged a fee to use them. As a citizen,not City Manager he recommended Option#2 be approved. Councilman Porter stated that he liked Option#1,which exempts scouts from fees, Minutes—November 17,2005 Wylie City Council Page 7 but felt the non residents, should pay up to $50.00 per hour to use the facility. He explained that he would also like to see Council review these fees each time a new facility is built to review the fees charged. Citizen Comments Parks Board Chair,Dan Chestnut addressed Council stating that the non profit organizations should pay for the use of the Community Center just as we charge a fee for players on our baseball fields and other organizations that utilize our other facilities. Mayor Pro Tem Hogue asked Mr. Chestnut if he saw a difference in sports organizations paying fees to play on fields and scouts paying to use a facility for a meeting place. He stated that he was a fan of soccer but felt that the scouts were a different situation with little money to pay for these facilities. Mr. Chestnut stated that he felt all organizations should pay for all facilities within the city. Mr.Newsom stated that the maintenance of these fields were much higher and needed the additional fees. Marion Garner residing at 412 Lanwood Drive, Wylie Texas addressed Council stating again that the scouts needed a place to meet and had limited funds. She stated that she could not meet in homes and when contacting the Blue Bonnet Room she was told time after time that they were reserved. She explained that it was very difficult to find places in town to meet. She explained that she tried to use cookie sales money to take the girls on outings each month that would teach them good citizenship and other learning experiences and service drives Council Action A motion was by Councilman Porter, seconded by Councilman Newsom to approve Ordinance No. 2005-68 amending the fees, policies, and procedures of the Bart Peddicord Community Center, using Option #1 to include: Non-profit A- no charge, Non-Profit B-$10.00 per hour, Non-Profit C- $10.00 per hour, Resident- $20.00 per hour, and Non-Resident- $50.00 per hour with a 2 hour minimum and to allow for a review, by Council, of these fees each time a facility is added. A vote was taken and passed 6-0 with Mayor Mondy absent. 8. Consider and act upon Ordinance No. 2005-69 adopting a new fee schedule for water deposits, cut- off fees meter, installation and tap fees, provide for fines for meter tampering and repealing all conflicting ordinances. (Larry Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that over the last couple months the finance department has been reviewing the fee structure of the utility billing department with a number of goals in mind. (1)Maintain water deposits to coincide with average residential monthly water consumption (2)To reduce the number of cut-offs that are required each month (3)Review the actual cost of installing new water service(i.e.taps and meters)relative to the fees being charged. (4)Provide fines for tampering with meters or stealing water In response to each of these goals the finance department is recommending changes to the current fees charged. Council Discussion Councilman Newsom asked about the tampering fee and whether this was court enforced. Mr. Williamson stated that it was a fee not a fine as in court enforced fines. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2005-69 adopting a new fee schedule for water deposits, cut-off fees, meter installation, and tap fees, and provide for fines for meter tampering and repealing all conflicting ordinances. A vote was taken and passed 6- 0 with Mayor Mondy absent. Minutes—November 17,2005 Wylie City Council Page 8 9. Consider and act upon Ordinance No. 2005-70 to amend the City of Wylie FY 2005-2006 budget to allow payment of invoices related to the construction of Alanis Boulevard within Phase V of the Twin Lakes Subdivision,in the amount of$45,267.82. (M. Manson,Assistant City Manager) Staff Comments Acting Planning and Zoning Director and Assistant City Manager Manson addressed Council stating that prior to a September 2001 amendment, the Subdivision Regulations contained a provision stating that the City shall reimburse the property owner or developer for 100%of certain costs, one of which was listed as the cost of paving thoroughfares for the portion of the width of pavement exceeding 18 1/2 feet per side for divided thoroughfares. The regulations identified the procedures to be followed for participation, including the submittal of as-built drawings, the bids for construction, and final payments with quantities and unit costs. In September 2001,the portion of the Subdivision Regulations dealing with City participation and reimbursement was deleted; however, the Preliminary Plat for the Twin Lakes subdivision was processed and approved prior to that date. The request is for the portion of Alanis Boulevard located within Phase V, the final phase of the subdivision. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2005- 70 to amend the City of Wylie FY 2005-2006 budget to allow payment of invoices related to the construction of Alanis Boulevard within Phase V of the Twin Lakes Subdivision in the amount of$45,267.82. A vote was taken and passed 6-0 with Mayor Mondy absent. 10. Consider and act upon Ordinance No. 2005-71 amending the City of Wylie FY 2005-2006 budget in the amount of$7,900.00 for the installation of stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. (M. Sferra,Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that In the FY2004-2005 Park Division 4B budget, $7,900.00 in funds were budgeted in the Land Betterments line item(112-5614-58150)for the installation of stone monument welcome signs on State Highway 78 and at the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. However, as staff awaited formal approval for the sign installation from the Texas Department of Transportation (TxDOT), these funds were not carried over into the current FY2005-2006 budget. A purchase order was obtained in FY2004-2005, signs were selected, and a contractor was prepared to do the work. Documentation from TxDOT in the form of a Landscape Installation/Maintenance Agreement which would formally authorize the City to install the signs was not received until mid-October 2005. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Ordinance No. 2005-71 amending the City of Wylie FY 2005-2006 budget in the amount of $7,900 for the installation of stone monument welcome signs on State Highway 78 and a the entrance to Historic Downtown Wylie on Ballard Avenue near State Highway 78. A vote was taken and passed 6-0 with Mayor Mondy absent. 11. Consider and act upon Ordinance No. 2005-72 amending Chapter 42 of the Wylie Code of Ordinances by adding Article V, regulating grading,excavation and earthwork. (C. Holsted, City Engineer) Minutes—November 17,2005 Wylie City Council Page 9 Staff Comments City Engineer Hoisted addressed Council stating that the proposed ordinance amends the Wylie Code to require a permit for performing grading, excavation and earthwork on property located within the City limits. Several property owners have recently placed fill that contained unsuitable fill material such as construction debris, blocked drainage ways and have not installed proper erosion protection. There are no previsions in the current code to regulate these activities. Council Discussion Councilman Newsom asked Mr. Hoisted if this will establish requirements for issues currently being reviewed. Mr. Hoisted stated that there were several issues currently, where soil had been placed in areas restricting drainage and this ordinance would regulate these issues. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Ordinance No. 2005- 72 amending Chapter 42 of the Wylie code of Ordinances by adding Article V, regulating grading, excavation and earthwork. A vote was taken and passed 6-0 with Mayor Mondy absent. 12. Consider and act upon Ordinance No. 2005-73 prohibiting the parking of a vehicle along the east side of W.A. Allen Blvd. from the intersection of W.A. Allen Blvd. and Springwood Lane south to the intersection of W.A. Allen Blvd. and Heatherwood Drive, located in Wylie, Texas; and establishing an offense, and providing for a penalty for the violation of this Ordinance. (J. Butters, Police Chief) Staff Comments Police Chief Butters addressed Council stating that the proposed ordinance will create a no parking zone on the east side of W.A. Allen from Springwood to Heatherwood. The problem that has arisen this school year is that some parents are parking on W.A. Allen between Springwood and Heatherwood and waiting for their children to walk to their car. There are no houses fronting W.A. Allen in this area so the no parking will not pose a problem for people living in the neighborhood. Council Action A motion was made by Councilman White, seconded by Councilman Newsom to approve Ordinance No. 2005-73 prohibiting the parking of a vehicle along the east side of W.A. Allen Blvd. from the intersection of W. A. Allen Blvd. and Springwood Lane south to the intersection of W. A. Allen Blvd. and Heatherwood Drive, located in Wylie, Texas; and establishing an offense, and providing for a penalty for the violation of this Ordinance. A vote was taken and passed 6-0 with Mayor Mondy absent. 13. Consider and act upon Ordinance No. 2005-74 amending Ordinance No. 2005-41 which approving appropriation of funds for a Secretary I position in the City Manager's Office; providing for repealing, savings and severability clauses; and providing for an effective date. (M. Roath, City Manager) Mayor Pro Tem Hogue stated that the Mayor before leaving had stated that he had a concern with this agenda item since the budget for 2005-2006 had just been passed and asked that this item be tabled. Staff Comments City Manager Roath stated that his office area had four professionals including the Assistant City Manager, Public Information Officer, WEDC Director and the City Manager. He explained that in the past,we have been assisted by one Minutes—November 17,2005 Wylie City Council Page 10 secretary for all offices including the City Managers office which has become extensive. This secretary also does daily duties such as monitoring bills, filing, answering phones and other duties specific to these offices. This position has also assisted City Council many times. Mr. Roath recommended that a Secretary 1 position be added to assist the Executive Secretary with duties. The timing of this item is important in that when hiring for the Executive Secretary position,duties would include supervising the Secretary 1 position. He explained that in doing this he needed to hire someone with supervisory skills. He explained that with the resignation of Ms. Brooks, we need to hire someone now, not at mid year budget time. He commented that in addition to the duties mentioned previously the City Secretary had mentioned the influx of calls for the City switchboard coming into the City Secretary's Office and had requested an additional person to assist with these calls. Mr. Roath explained that the Secretary 1 position would also take the responsibility of the City switchboard calls and allow the City Secretary's Office to function without this additional work load. Council Discussion Mayor Pro Tem Hogue commented that he would like to see this position actually be a receptionist in the lobby to assist citizens as well. Mr. Roath replied that he believed that if the desk was set in the front of the City Manager's office,this could be accomplished for now He explained that Council could hire someone in the new building to take that position if the need was there. Mayor Pro Tem Hogue asked if this item was approved, would it take the main calls from the City Secretary's Office to allow staff to focus on the duties of the City Secretary's Office such as records management. He stated that if Council has been to the City Secretary's Offices,they understand the multi-tasking that is required to answer phones and perform duties in that office. Mr.Roath replied yes,this was the thought process. Councilman Young asked if this would include the desk and other office items. Mr. Roath stated that with the fees paid by WEDC, and the budget amendment, everything could be purchased for this position. He explained that WEDC, starting next year would be contributing $12,000 for administrative assistance which could be used toward this new position. Councilwoman Allen stated that she was very much in favor of this position and felt that the City Manager should have an executive secretary and not have to wait on availability of one secretary to finish duties for other staff members. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Allen to approve Ordinance No. 2005-74 amending Ordinance No. 2005-41 (2005-2006 Budget) which approves appropriation of funds for a Secretary I position in the City Manager's Office; providing for repealing, savings and severability clauses; and providing for an effective date. A vote was taken and passed 6-0 with Mayor Mondy absent. 14. Consider and act upon Resolution No. 2005-34(R) casting ballots for the Board of Directors for the Central Appraisal District of Collin County, Texas. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie has 38 votes that they may cast for the Board of Directors of the Central Appraisal District for 2006 through 2008. All votes may be cast for one candidate or distributed among any number of the nominees. The vote must be submitted to the Chief Appraiser before December 15,2005. Council Discussion Councilman Porter asked if any nominee lived in Wylie. City Secretary Ehrlich stated that she did not think anyone on the list was a resident of Wylie. She explained that one nominee was from the City of Murphy and a Council member for that City. Councilwoman Allen stated that she would like to see the Council during the next nominating term contact WISD, and smaller towns to combine votes for someone from Wylie. Council Action A motion was made by Councilman Porter, seconded by Councilman Newsom to approve Resolution No. 2005-34(R), casting all 38 votes for Dwayne Elledge to serve on the Board of Directors for the Central Appraisal District of Collin County, Texas for the term of 2006-2008. A vote was taken and passed 6-0 with Mayor Mondy absent. Minutes—November 17,2005 Wylie City Council Page 11 Mayor Pro Tem Hogue asked that the City Secretary's Office send a letter to the City ofMurphy notifying them of the votes cast for their nominee. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinances #2005-59, #2005-60, #2005-61, #2005-62, #2005-63, #2005-64, #2005-65, #2005-66, #2005-67, #2005-68, #2005-69, #2005-70, #2005-71, #2005-72, #2005-73, and#2005-74 into the official record. ADJOURNMENT With no further business before Council, Councilman Newsom made a motion to adjourn at 8:10 p.m. with Councilman White making the second. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—November 17,2005 Wylie City Council Page 12 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 11, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Replat for Wylie Retail Center, generally located at the northeast corner of F.M. 544 and McCreary Road. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 1, 2005, 7 —0 to recommend approval. SUMMARY: The Replat under consideration will create two (2) retail lots totaling 2.4116 acres. The Planning and Zoning Commission approved a site plan for retail development on Lot 1R-B (1.2433 acres) on November 1, 2005. Lot 1R-A is 1.1683 acres in size and will be developed in the future. The proposed Replat for the McCreary — F.M. 544 Addition complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. A 24 feet continuous access easement will connect the two lots together and will be a point of access from F.M. 544 as well as connect to the adjoining property to the east. APPROVED BY: Initial Date Department Director: MM \ 11/22/05 City Manager: \ 1 BEARINGS BASED ON THE NORTH LINE OF LINE TABLE LEGAL DENCRIPTION F.N.NO.544 AS RECORDED IN C.C.CLERK'S FILE NO.96-0021 .R.D.C.T. LINE LENGTH BEARING STATE OF COUNTY OF COLLIN SIN CONTROLLING MONUMENTS ARE WOOD CORNER Lt 25.01 POST FOUND AT THE NORTHWEST CORNER OF WHEREAS,Texas Longfad Properties,LLP is the owner of a troct of LOT 2,BLOCK 1 OF S ADDITION AND I/ L3 25.01 NB95419 E y,Texas ond being IRON ROD D ATnd situated in NORTHWEST C t IR,Block y-FM 554.4 4 Addition Replot,Co FOUND O CORNER of 30 A TRACT F R CONVEYED I C.C.MU CLERK'S Wylie,Qo ding to i plat thereofO,Poge 33,Map Records,yCollin FILE JOINT VENTURE RECORDED IN C. CLERK'S County,Texas,mtl being more particularly described as follows FILE No.a3-0100 .R.D.c.T. CURVE TABLE - Begi ing at a 1/2''capped iron pin found on the north way line of F.M.No.544 CURVE LENGTH RADIUS (120�nR w.)for r of said Lot IR and the most southerly southwest CI 3,2 2000 Thence,w an ° e of said Lot IR d the north g -or- y line o F.M.No.544 the Following: South 0,54,1"West,a distmce of 475.72 feet to a 3"TAX,ROW disc found fa North 44,2'46°West,a distance oF 14.06 Feet to a OT ROW disc round for corner; GRAPHIC SCALEance E"2Tca a1/2"capped°ironnppin found fa corner; found for corner an the east fight-of-way y line o McCrearyea0ad(50'ROW.): Thence and the east line of FEET the North 01°55'31' ng west line of said Lot --v northwest earner of said Lot IR and the southwest corner of said Lot 2R, Thence,N h 1,5 f East, ag h feet it p found Lot �R on south line of sold al LOT 2R, BLOCK of try a distance 4o p4a5.al�feet to he 2"it O Thence, i 2R,a fD2Iz90'Feet to the he Pont or g g d containing e 8 4 e /�� a 2Aai6`acres of land. LL V2"CAPPED LP,FND. N5T54'Iq'E 4g5.g1' v2''CAPPED I.P.FND— — Feet — — 237A1' 258.00 Now THEREFORE,KNOW ALL BY THESE PRESENTS O the Lk--) ,.naoverivcif am`s"rn<cr ry�Fne s44"arda�t on�',e tot°iz�-SA ar�oipiz�e described lanetn°e sag reniat 12i /20'SLOPE e DRAINAGE EASEMENT 24(BY THIS PLATEASEMENT of Lot IR,Block I,of McCreary FM 544 Addition RePld,an ddit'ion to the City O Wy 1'ie, V.33,12,P,542 ) Colln,County,Teas m diode,in mpleaand to the public u /� _ dz All easements sic use dedicated by this private utilities Q I Iusing Of desiring plat structure,use the same for the purposes dedicated. No building, O r 6 _ O over to Ser dhaall o t f to r easement n dedicated all or Y w as,L m I to rem and imp rem all a a ny pat of any W �la'V 4509,P.21BI° ay a interfere construction,recurs on,min on }- CV LOT R-B, BLOCK N building, fence,tree,tility,shad"(2)ethe ght oingress rec onstruction, o from anddupona LOT IR-A, BLOCK the such ,or the p entrusting,r astranting,inspecting,Patrolling, maintaining and adding to,enlarging,a removing all a parts hout the m w 3 LOT 2R, BLOCK f its m operation aintenance of .1633 ACRES = 1.2433 ACRES r,All water Q z1 50,ag1 S.F. 54,157 S.F. ° of e al O ACCEES EASEMENT b pavement line. ,ter Of EO servicesary and016 wastewaterstallation servicesmaint from the man of t0 t o 10 an e ✓ 1 Sag°57'Iq'w plat apmaved subject to all applicable ordinances,rases,regulations,and resolutions a qo' of the C y of Wylie,Texas. E N 6a 54'1 W'E 20T.61' - WITNESS,my Fond,this the day of ,2005. lit"CAPPED 1 P FND_ 10'NORTH TEXAS MUNICIPAL WATER �'ACCESS EASEMENT ACCESS EASEMENT lit"CAPPED I.P.FND DISTRICT EASEMENT a 1 (BY THIS PLAT) ry 4 30'A ENT Y.513,P.55M PROPERTIES, P �� RR•54'1A"E 2D,a2' L T ORD 3"IT,DOT ROW DISC + COUNTY OF COLLIN 3"T>DOT ROW DISC 224.721_ _ _ _ _ _ 1 251.00'_ _ _ v2'CAPPED I.P.FND. Berne he undersigned known to me to be the person whose na-ne is subscribed to t, N00°37'Oq"E 53BBAI IN'IW 475,72' to me that he e,eruted the sane roc t purposes 30.00 N-ToeSaez gToo Sass of bearings 65 Foregoing considerations therein aeppressed, E=2552403.T900� E=25525]a50BT Given under myhand and seal of office this day of ,2005. N44342'46°W POINT OF 4.06' BEGINNING F.H. NO. 544 Notory Public far and in the State of Te,ae (120' R.O.w.) SURVEYOR CERTIFICATE KNOW ALL MEN BY THESE PRESENTS. That 1 _ hove prepored this plat Recommended for Approval" from entsts es ol wn°thereon`werev propperly placed a und nder myhot`perso al rsupervison sign Secretary o City of in accordmce"with Platting Rules m Regulations oP the City of Wylie,Texas. Date eb he foregoing finalpl. Chairmen,Planning d Zoning Commission McCreary-FM Ff'I Se was submitted IR-AB LOT Iity CB,oBLOCK _ REPEAT_ y f Y eras of ,2005,an ouncil.on t o W _yday Wylie the C b `hen and t"ere accepted the dediroaiw'of McCREARY—FM 544 ADDITION Professional Lond Surveyor No.5129 "Approved for Construction streetsa sleay,phr ent pubic pltl s a a oter d t° e forth 1not d plot LOT 1 R—A & LOT 1 R—B, BLOCK 1 said Council lines further authorise the Mayor to otesaid eptance thereof by signing is name as herein above COUNTY OFTDALLLAMayor, y fWylieDate subscribed. MOSES SPARKS SURVEY, ABSTRACT NO. 849 BEFORE M y Public in f Texas,a p d Witnessv and ups Qy r 005 CITY OF WYLIE day personally ap,ared James Baton Carroll,known to me.be the person whose empu poseinstrument a,acknowledge to me COLLIN COUNTY, TEXAS Gpresseaxecui a the Bane seal of office,thisand considerations therein day of' Mayor,City of Wylie Dam Cityy fWylie, eras REVISED NOVEMBER 3, 2005 VEN and my hand and TOE PUEATE RPOSE OFs,'STROP AT IS ONE 70 CARROLL LAND SURVEYOR'S Notary Public in and for the State of Texas 1008 STONEWALL STREET SUITE No. F SELLING A PORTION of THIS ADDITION BY METES AND BOUNDS 1s A VIOLATIONOWNER GARLAND, TEXAS 75043 PHONE: (M72) 840-1506 ORDINANCEOF CITY AND STATE LAW AND 15 SUBJECT TO FINES AND WITHHOLDING TEXAS5JAN AN LOUR P OPERTI LP JOB No. SCALE. DATE OF UTILITIES AND BUILDING PERMITS CONWAY, Y� WAY AR T2G34 1935-05 1=30 OCTOBER 4.2005 CP CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 11, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Birmingham Addition, generally located north of Brown Street and east of Country Club (FM 1378). RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 1, 2005, 7 —0 to recommend approval. SUMMARY: The property totals 11.423 acres on one single lot. The subject property has never been platted and is currently zoned Neighborhood Service (NS)District(has been zoned to allow commercial uses since 1986). The Plat dedicates a 30 feet right-of-way for Country Club Road (FM 1378). No Site Plan has been submitted for the subject property. A Site Plan must be submitted along with or prior to acceptance of a Final Plat. The Comprehensive Plan recommends this property be developed for single-family residential uses. Approval of the subject plat will protect the rights to develop the property for commercial uses. APPROVED BY: Initial Date Department Director: MM \ 11/14/05 City Manager: \ 1 v2222-2229 1 202 '2' IW/L4h2/1 .g0q' 'sS2.7; 27-31' 1-3111L-2t. 343 V'.2 .323 fiff 2f331-1g"112 32:1r1 sZr 223 233 22232 333 3333 313.1 3s fro, 134322:2-3.2s 3.3V 2 ill r'r.r 232 V- 3 .2 3 Att:- ttEtt:, AtAALIA,A, n; A,A,I, Ag 25V -,-225 '25r222-: :',5 41/ 2.5 622/%2222-2221, 2 F, S=, 8 V.! H..t2=1,74-,, 3 2 333 32' %3 1 2 fr323,221,1 ,;21, . EE °“-,-Ftfi t .1332 C21,3131i 3221 3:22 9.2 2E 3 4 !Ls T's ...J 1.2-22,' t/2-0/,2- -==.1 iV'—'° °. -2,221,•§2% '2.1-i2-2.2,,/'2 1 3 fir.,,".2. -,.; ];,,. C.k ! L2 '1.M Fs..R3 vg3Vst1 1133 03231 1i 2.. .v.,. . sss ..... 2 s 2 2 s ; 32.3, 222,2 223-1.33f ,t,2 2 ,T,0 —,0 ,!' I. ' f02/V,'11,13.2 1VP-3-2.1Vrs1 33'371 r3S2 .,.'.. ;•!-,-0, 3E33 212322.3273 f2v 33221 231 232, s323 22/232.2323 2,s2,3 ,-i2,,,,.: , ,2- 26 740,E-:' ,0,,;'e•: 2 '2 Lc%,,2 2,2002°, '2,•1222 '2 :: r`;21E° !b•.2'2'3 i.5 -g 213.3"22V .1,fififiu ; , ., ; ;22 521 / i2212 !Vs, 1,2343;222 f/210,232221 011 -8 fil;;fifi;,...fi"fifi'fiE''.g z' .:-_,36! ! ,s 6 =S-! ! 4 5/ 02 , 0 3 22' 8 i 33 112 1312 fx32,32's '3222 g,,L. o,5 0;,,,=2332. 2-3 222V-2,2/2 ,2 = 2 v'/ ,A2 / i, / M slEi6 !..r& !1W, -4i '=le.".:t. -i'-,$)..fi43;'.7. '-'3-' ' `6 32, fifi ;221 .323,2i2V3 V.2.3.1. 22!12.1 22/r s 22 L'-20„A --A33.33A3n; s, ' 3 Ss .11 r2, r, ss ,3;fi ;trs,r3-7, §2 4,6 ,j ,, ,In /.'vt ti .., ,,,,,0 ,,, ,"_: 8-.. fir Eth I.Vq;fi Tfig, II °'2 fi,HE ...-.7,k;fi•I;N; ;",. - ,',' ,;; .., °v. 9.9 9 cez.99. 9.9 29 9..9 p—nna.n .,-o .7— ,u, , , 5 2 'Ai 3 i Pill t A P . =1213 . ... ; — / zf P -;;;-, ':-g•k i i,-.,, '-. ,, §-,*, rj 1 , 1 22,2.32 '2 3 1 E... 99. 74, }—I i ro ;i7 ii ,i 029 fl 90 0l0019 ,, P r .1 , s 1 , - z-- ------, \ g I \ / Pe. 1 I gi ) / / r 3 2 _222,22—s / / r I Vf ( ( --11% ( I —22 1 22 ,,,,0' 1 1' 1 \A -2---- ----Itt </tt 2 ,t.: t__2-2 :,..3', i (.; '''''''' i il ) is . 1 E,,T; -- • .-1E ,F,,,, ,.., i 4 'i 7 22, n_ r . / 14 / — ., '.!' ''- ) 2,---) :,.,,' -- -- - I / V , ,, 0( I ' I 1 I 1 1 2 / g9g1:::ig 1 rg-9) 'IA / !A\ ----/ ---/ _----- _,„ \ 1 4--- --. — — —___ :,,. _-- :,.. 9,009 zL 2[g 2\„00 9LOON ) Z-- (22 C:---,22;2/22----/ -- -------- __________— s; .2 (8L9 ON IN d) peoi grin fulunoo 5 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 22, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Shahi Group Addition, generally located south of S.H. 78 N and west of Spring Creek Parkway. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 15, 2005, 7 —0 to recommend approval. SUMMARY: The Preliminary Plat under consideration will create a single lot totaling 2.062 acres. The property is zoned Commercial Corridor (CC)District and has never been platted. A Site Plan was originally submitted for review along with the Preliminary Plat. However, the Developer made significant changes to the site plan which required additional staff review and will be presented with or prior to the submittal of the Final Plat. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: MM \ 11/22/05 City Manager: \ 1 YICMY NAP WOODLAKE VILLAGE ADDITION I VOLUME P,PAGE 926 D.R C.C.T. I CITY OF WYLIELOT 1 R-4 LOT 1 R-5 DESCRIPTION \. ITE, VOLUME 5678,PAGE 8127 WHEREAS J&K PROPERTIES IS OWNER OF A TRACT Or LAND SITUATED N THE ERA I Al D.R.L.L.T. DE to PIMA SURVEY ABSTRACT 688COUNTY, COLLIN TEXAS, A 0 AND BEING CALLED 2 636 ACRE TRACT OF LAN lipleiltrilli ORECORDEDN�N VOLUME 5532,PAGE 383.DEED RECORDS OF COLLIN COUNTY. TEXAS.AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: HW BEGINNING AT A 5/8"IRON ROD WITH A YELLOW CAP STAMPED"RPLS 5587"SET FOR CORNER A II Mall IN THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.78(VARIABLE WIDTH RICHT-OF-WAY) I L _IaT NCE NOREASTHALN cTHE S I of SreGHT OF- ACRE TRACT: e OUTH THE Y DISTANCE or 180.00 FEE TO A WAY ON ROD WITH A YELLOW CAP STAMPED RPL8LINE OF SAID STATE HIGHWAY NO. Ssa] SET FOR CORNER AT THE NORTHEAST CORNER OF SAID 2.0636 ACRE TRACT, 5'UTILITY ESMI.TO THE THENCE SOUTH ALONG CITY OF WYLIE HIGHWAY N O. 78 A 1/OTHIRON ROO BOUNDARY SOUTHEAST VOLUME 3255.PAGE 48 VARIABLE WIDTH RIGHT-OF-WAY AND BEINGIN I THE NORTH LINE OF A 1I5 ALLEY RICHT-OF-WAYS AS DEDICATED OBY WYNDHAM THEREOF D.R.C.C.T. ( ) ESTATE.PHASE I.AN ADDITION TO THE CITY OF WYLIE.COLLIN COUNTY,TEXAS,ACCORDING THE BEGIN EAST 180.00' /rIRE HYDRANT PLATTEXA THEREOF RECORDED IN VOLUME E.PAGE 101,OF THE MAP RECORDS OF COLLIN COUNTY, 41�GiS,_ I/ SS SURVEYORS CERTIFICATE SET S/?I.R• f- T- =2i •'ETL',[E¢snx BYs6105 , IRON ROD FOUND FOR CORNER 41 THE SOUTHWEST CORNER OF SAID 2.0636 ACRE TRACTTHENCE WEST ALONG THE NORTH LINE OF SAID ALLEY,A DISTANCE OF 179.34 FEET TO 4'/2 STATE OF TE.S Y OF COLLIN COUNT \-I9Y iF1u.uir'- G THENCE D NG of°500 o sFEET TO E PLACE OF BEGINNING AND CONTAINING 89,835 EST ALONG THE WEST BOUNDARY LINE OF SAID 2.0636 SQUAREAc Ll FEET OR2.062 ACRES OF LAND.THE Thai Jason do cornermade a parl fohereof from an°dual and accurale survey of fhe land and 111.01 ihe ARCHIE LYNN EUBANKS ET AL WITNESS My HANDday ONO.TEN45, ZOOS CCR 9]-0003429 ---__-__, D.R.C.C.T. FOR the day PURPOSE ONLY that I prepared this plai and the field notes NOT JASON L. BE RECORDED 111 LOT 1, BLOCK A MORGAN OriNERS CERTIFICATE ROISTERED PROEEssIONeL LAND SURVEYOR NO.ssa7 $• W 89,835 S0. F Now THERr CER IFIC ALL MEN av THESE PRrsENTs courvTv oP col.ury 3 OR p WAR GROUP,LLC. • x SXAXIE GRDUPdADDYDON oes bu Ix adopf fhis pia].designaling ihe herein above described BEFORE ME.ihe undersigned,a Nolary Public in and for fhe said Counly,and Slafe on fhis 1.062 ACRE £ VOLUME 5694,PAGE 1652 Nlltyoa oregoingA In edged t me 14 A S D.R.c.c.T. • r�nali tie oe din."p'„bfior,ti o:,a P aa��i=,'9d�ba9e ananaaneesnad • n m,1 p poses ana=ansme.oun me,e:n expressed ana:n 1ne p v erm smma. agencies and all public and privole ufililies for each parlicular use.The main1enonce of a n buildings,nsuclletl co lmprovementssoen!'rowlM1s es this the day or GIVEN UNDER MY HAND AND SEAL E E 2005. z ?1, n� 9 e e al our; ndco0 0 pub c u111 uop. r. os, cr, so, T. H11N s eep NOTARY PUBLIC IN 4N0 rOR THE STATE OF iE%As h0ye rVedall uo a ofa ynbulldins.Ireesa s rubs or Interferencemwlib 1 cwh lk ,. public utilities shall at all limes hove at the full right of ingress and egress to or from and P(An • 9 mc:Menance or service required or ord:no:y performed y al a y)). arers nd y erxlgned,1M1 Clry Secretary o! CNy of x This pl.approved subjeci lo all r n r n n r n A,SHAM GROUP ADDITION,was ARCHIE LYNN EUBANKS ET AL y r y Collin COun y eras g ordinances,ces,rules, g to s and esolul0 s of the o LC8 9)-0003427 Y. -- D.R.C.C.T. DO HEREBY Wylie, s o be known a s LOT 1,BLOCK A OF SHAH CROUP ADDITION,a 011eys�Ipa rks�oe▪ pub110npladcelsh and w anld es r Imes,a ...Mon fo ihe Cify of Wylie,TeYas and dedicale lo ihe public fhe siree1s,alleys,easemenis, ▪d upon said plaf,and said Council fur1her aufhorized ihe parks and o1her open spaces as shown hereon. Mayor lo no,coo, noe 1hersof for ihe oonsiruolion by signing his nome as FND 1/z"I.R.(c.M.) J Lxe=area 1ms- day of wNness y hand Ine-- y r ,2005 iD43flQM®iPMI Y -7-- - n T T T T T 7 By. ,:( \ LOT 23 I LOT 22 I LOT 211 LOT 201 LOT 191 LOT 181 LOT 17 RECOMMENDED FOR APPROVAL 1 VOLUME ETA PAGE PHASE101 I I BLOCK AI I LOT 24 M\.... 1 \\ 1 1I 1I 1I 1I I H J CNOlrman.WOTFTg and Zoning cemTTINCFn Date 1 1 1 1 y ! y Te as I DEVONSHIRE LANE ''Approved for canxl,a=non LOT 25 l (so'13n.0 COUNTY OF COLLIN City !w T Dale L____) _aar__e Texas fo fha he m .known lo me 10 be 1he person whose name ehsubscribed 1 SNEne'pu pose=and=an=,daa`o'n a.acknowledged p ssed and m Ine oopao:y erm PRELIMINARY PLAT M1NEN UNDER MV HAND AND SEAL OF OFFZoo' BENCHMARK: LINE TABLE 1s 1ne y f-- -- s. CITY of WYLIE BENCHMARK CM yI BRASSLINE BEARING DISTANCE F R THE sieTE or TExas LOT 1,BLOCK A LOCATED ON NORTH aRK DISK NOTARY PUBLIC N AND a SIDE OF SH 7B NEAR EAST L1 500.00'00"E 10.0D ENTRANCE DRIVE FOR CITY DE WYLIE MUNICIPAL L2 590'00'00'E 1D.11 N My commission expires: SHAH GROUP ADDITION COMPLEX. ELEVATION=530.29' L3 S00.00'00"E 20.00 ., ` L4 N9(700'DO"E 179.94 L5 NO(704.34"W 20.00 �vo No1es. BEING 2.082 ACRES OUT OF TFE FRANCISCO DE LA PIMA SURVEY, LEGEND L6 N9D•oo'Do"E 111.05 ABSTRACT NO.888 _ corded a In Volume bearings Page'xSTY,I Deed a cords)or of County,,ITe astl described al in d CITY OF WYLIE,GOWN COUNTY,TEXAS SET s/a"I.R.- T s/e"IRONL7 Soo•DD'oD"E to.DD GRAPHIC SCALE of Soam. D 1/2"IR D 1/2"ND X CUT IN GDR NCRETE LB N90.00'DO"E 28.00 6D 0 30 60 12D ESMTCT EASEMENT CORDS COLLIN COUNTY,TEXAS andSSlale LXrat'rd is sunb7e=IrVInes yand wNBnOldldoguOx liii11 ues alndobuilding pcty 0 once , 1A8"" SO.FT.=SOUARE FEET CURVE TABLE ( IN FEET) 3.Thisproperly s not shown 10 be wnhin o ID-y special flood hazard area. UCA nT1000 50p :+0W51IE F surfNI EAST MUL CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH TANGENT L(9TR)_- PH,te79111-l1no Px n0 TEPael i o0(C.M.)CONTROLLING MONUMENTS Cl 15.00 21.21 23.56 15.00 I INCH= 60 FEET 4.Ail elevations shown hereon are based upon cry or Wylie CPS monument No.1. FAX(972T sla-Ion rn za-:700 90'00'00" S 45.00'00"E x:(szs) C2 15.00 90•00'O0" N 45'00.00"E 21.21 23.56 15.00 ORIGINAL PReeAWAnory DATe Gbs JOB No Ds 10 091.l0/l9/05 - - SHORT 1 OP 1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 22, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Braddock Place Addition Phase 1. Subject property being generally located west of South Stone Road (Old F.M. 544) and south of Elm Drive. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 15, 2005, 5 —2 to recommend approval. SUMMARY: The property totals 54.608 acres and will create 85 residential lots and 4 H.O.A. lots. The subject property is part of the larger Braddock Place Addition Planned Development (PD 2005-24), which consists of Single- Family Residential of varying densities, and Common Open Spaces. The entire Planned Development is 185.1449 acres in size. 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. The Preliminary Plat substantially conforms to the approved Conditions of the Planned Development District, but varies from that of the Development Plan. The Development Plan depicts a single loaded street at the south side of the park just south of Future Elm Road. However, the Preliminary Plat proposes that the rear of these lots abut the park, therefore creating a double loaded street for Street B'. The Preliminary Plat was approved by Planning and Zoning Commission with the following stipulations: Improvements to Street AF shall be constructed per the Subdivision Regulations unless superseded by an agreement between the City and developer; Block A, LotlO shall serve as a detention and drainage lot and be privately owned and maintained by HOA, and shall be fenced to separate the lot from the park with tubular steel in wrought iron design eight feet in height; and Block A, lots 1-9 shall have open fencing or living screen if a fence is not constructed adjacent to the park, all lots shall be consistent. These Conditions have been met. Street `D' will serve as the primary point of access. A 30 feet wide right-of-way along South Stone Road is dedicated by this plat. APPROVED BY: Initial Date Department Director: MM \ 11/22/05 City Manager: \ 1 CURVE TABLE �• 'I U \ / C NAME DELTA RADIUS GENT LENGTH CHORD BEARING CHORD I --- I I ',_ / CI 40•45'10' 400.00• 140.57'284.51• 520'22'35"E 270.55' I .. Jc, II . [2 NDT USED I l I C3 5Y SO'2S• 350.00• 173.89.322.78• N14.19.WV 311.46• I [4 I8'15'20' 500.DD' BO.34' 159.SI' ND2'5i'3a"E 150.69' I watt [5 27,9'3. 300.00• 72.46' 142.20' 571.12.4 VW 1417.87' I i w,,,E [6 32'08'23' 300.00• 86.42' 168.28• SR•42•ta"V 166.09• I VOL. 2 SITEN I Ci 32.08'23. 300.00• 86,42' 168.28• 573'42.1417 166.09• LO TION [8 3.43'II' 600.DO' 176.13.342.64• S73.59.WV 338.DO' // I O.F.C.C.i. V \\ C9 25.31.52' 500.00• 113.28.222.80• N12'24•a3"V 220.96• / '" \\\\ CIO 47•48'D. 350.DD• 155.11.292.DD• S66.27.10"8 283.61' ./ '' \ I LI1 29.59'49' 1230.00' 329.54.643.96• S75.21.19"8 636.63' I 1;';',, '0 G12 06.30'43. 380.00• 21.62' 43.19• N/1.48'28, 43.17' I / I o' S0' 1W' 200' a00' _ CIS 30.21'13' 375.00• 101.72. 198.66• S72.48.39"8 196.35' �' i [ta 06'52'45" 345.00' 20.74' 41.42' SB6.20'04-X 41.40' / SCALE:7" 100' CIS 2.34'aa' 280.00• 55.90' 110.34• N68.55'2S, 109.63' FUTURE WYL 1E 15O / ES `/' ,y,. C16 32.08'23' 330.DD' 95.06' 185.11' N73.42'14"E 182.69' I ELEMENTARY SCHOOL C. - 59p .p & ,� C17 10.28'S7' 967.50• 8B.75' 177.DI' 584.45'32"E 176.76' 6 I. ' pE6A . . . . . I' GIB 20•49.39' 532.50• 97,86' 193.57• S89.55'53"E 192.50' I r- / • � r ' I .. r IT Y OF GRES. �r� '`c L3EsA• 38 / ePyP.So�/ \ Gu�w� owzE2;-)/i 1� T. - VICINITY MAP / ° / 52. iNa GIN,.DOODY 'O INT OF I "' VOL. 299 PG. 106 NOT TO SCALE O 6.C.C.F.N.699-0003995 �OPQj BEGINNING I a.F.c.c.i. LOT AREA SUMMARY TABLE f Q....,'' I 13P.l5' BLOCK A BLOCK D / LOT N0. AREA 150E T.I LOT ND. AREA 1SOF T.I zA h �C/7 4853 t�/8 FUTdREi of i .J IBOOD 2 29933 ' 1^' 1ory 1 • _ : II 18000 q 18000 � _.- 6 • ° BL.0LKI�_MT_!_ I tB00D 18004 l FUTU E N \ � 18000 5 20050 PMw:OEOiCAT10. A• ----- - 6D m 80.o0• 125, / tB00D 6 19913 �� + dl C CROSS 10694 7 19413 D C. 96-00/ M 6.80 / 10fi99 B 19413 22� _ Q@�°�Oe gBO , �0 m O.R.C.0 /� 220.15' 22324 9 10438 C 180.01' 10' X 66415 IO IBD00 p a '' •, DRAINAGE B _ / 1914 1 18145 DETENr10N LOT'' • mm NO // 8,38•� / IBSt30 12 22873 of °g6' •• m m - / ---\�--__ i BLOCKRE 14 18000 18000 :1 °C zs'AiP°ET W dST,•� '•_ �.. 9 N'�� `I . / / LOT No. AREA T.1 Is le000 ' -P%K OED1Gr1Dx 1 �8 m"m, u.tl• / 9 18347 /0 18000 SP0 � '< m AR77i92EA Si P 18003 i 19182 • c-... 3i4-,1 132.15• VILLAGE AODN. DD' ir 18003 IB 19006 ' y, mo 7 �• 1T IUNRECORDED, j JS' BA CX IM IN) t8003 19 19806 ,..._ • 13 1BACK WIN/I 10771 20 19955 RpII �' A 1�. �N Um= OT. 6.2 //__E.-_-_} I N00°$Z'$S•W I j 23817 2t IBDDD �1 TEMPORARY UNREI NFWCED ,Q *•,,6 °. 1 ,2Zi t`6•�SB9'a6.76'W t9663 22 18000 OmNN o ,KT l 08.89' CONCRETE PAVEMENT $, 0. 20<.2•220.15' NO• t01. IOX 18908 23 10038 S88°01'l9"E \,n ID FLEX BASE 5 sm, • / G • 0 •_,- '{^ IBD03 24 19367 19.'' 93\ PARKING STALLS Ah0.Z,6. • 0 ' /-�10j� I g � 6, $44°/6'48'W j ^Id 18003 25 22561 e E. 1 w /' j - �� 37.4/' jo 18003 BLOCK E 51 �� ' z �� m � - 18633 LOi ND. REAISOf T.I ^.X- }B D 0, - , M,.r ,6/, aJ.69' M_,.,01, siw18996 I 21116 \ h1 ,OD' W Nmm 'r1",/9fi5 A z �I'� 26•W xW°52'S$'E Iw BLOCK C 2 19786 C iEM9WARr \ N mo 3 • • ,� -_ 7 - q 40.xx L35' RONi WIN/IN)j LO NO. AREA:SOF T.i 3 18190 18001 10244 1ROADIEASEMENi .SM 1, o pE' ,(°. °.�P 2 18001 5 18244 a O Is PLAT1 , N 4' w �cz 2�s- 0,06 S/6T o•' '"�e, e,.% • S44°27'55"E TYPICAL LOT DIMENSIONS \ �{7 '" fib° / x 6 1B°.m• o/0 N 38,48' 18001 6 1244 _ p� m689°I6.26•W H+c .p a // \0 / qj 6 •✓V mN�a s 8TT8 ^ - 118001 8 8001 9 18244 35 .6'`'' ' h 8i°IT• E 7 \wK 0, �1" • /1l� °'. 5 5750d Z1'16 qj 3 II •0•VIDE R.O,x, DEDICATION RONALO 0 22.Ir - 18001 10 18000 90.19 u\_ �i9 6 4 .$'1 ,9,1T 3 1.Zz e 1 180.or o 'm 40 VIDE H.O.A.LANDSCAPE BUFFER LOT 180ot 18001 N9r i0'00•E 1� _v 89°I6.26'W tBOSt IZ 18330 1W G5 11 �N o "' _t. 8 I1Mv, 60. 16001 13 18440 0 0 m 3 m sm4© R.p.W 4 C 20DD3 BLOCK F w o Q 66 N c„ 1 2B 11�- �M. 30'3D'` OJ LOT NO, AREA 150F T.I 207.26' - „'5.� 6 1 99'1 9 s -1 H rr� NO• '00°$2'$$'Ec.c1.AF N. 9- as t 18796 ;J �B %09.01' u > > 2 ao '°°Oo'00'E, to+ 2 gym$.1•ZB 9y.,OZ m� 05.' :,;5V .16... aT.. . 0R c3c�i AN 3 22457 g [), a',� .% 1.g1 1' o 30' 4 254t0 `I�7 BLOCK G 186.50• Nf,I I � 1p 8',mm - //N`ES �(6 r1. NOT BLOCK A,LOT 10 SHALL SERVE AS A OETENT ION AND DRAINAGE ••PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY" LOT NO. AREA SOFT./ e T' V9o°00.00•E W' ° mX. ` AS' LOT AND SHALL BE MMINTAI NED BY THE SUBDIVISION H.O.A. 18000 _ 6: 2,BLOCK A,LOT 11 SHALL SERVE AS A LANDSCAPE BUFFER LOT, 18000 WIW N-S 6 $ Oib°° '� D SHALL BE MAINTAINED BY THE SUBDIVISION H.O.A. S R'a 0 18000 SIB 689°56'l4'E e 8 til 9'A'B N°• 2 ��.'iA°'nB� 1.BLOCK c,LOTS ID M I D SHALL SERVE AS LANDSCAPE H.O.A. DEVELOPMENT PLAN/ 18052 100 _ _ '°ao 00 E" a.STREETA AFBESHALL MA TBEHCONSTRUC BY TEDUPER THE SUDIVISION PRELIMINARY PLAT OF %9°38'47'E 347.60' /68.67' - x:o•oo•omE �L- - ____________- tBosz n,ra• a°,n n,or 52.Io' ',DO.r'r• 100. _b --3 m, / REGULATIONS,UNLESS EC CITY BY A DEVELOPMENT BRADDOCK PLACE ADDITION PHASE I 18107 W /, \ 52,10• rr rr I' d AGREEMENT BETWEEN THE CITY AND DEVELOPER. 85 RESIDENT IAL LOTS, 4 H.0.A. LOTS 19949 d 5. TRE7 TMENT OF REAR LDT LINES OF LOTS 1-9, BLOCK A SHALL 18372 ''lk o `+ ..1 0 _ j _ q�6p BE TUBULAR STEEL DR LIVING SCREEN. BLOCK A, LOTS 1-11 & X, BLOCK B, LOTS 1-14, O : - �`� °��•��•��°� 6. TREATMENTLA OF LOT LINE BETWEEN SCREEN. D.BLOCK A AND THE 19a52 p o e� 8_\ w, y> BLOCK C, LOTS 1-11, BLOCK D, LOTS 1-25, 6 w `z d o FUTURE CITY PARK SHALL MATCH THE FENCE THAT IS 1 19839 /II 2 „N 3 g a 4� gw 5 g 7W s CONSTRUCTED ON THE REAR LOT uxE OF LOTS I-9,BLOCK A. BLOCK E, LOTS 1-13, BLOCK F, LOTS 1-4 /Nom M8 �8 �8 �.8 �8 � "I s BLOCK G, LOTS 1-11 ms99 ON ' A. "SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A 54.608 ACRES / Z -TOp.-pp' 00=p� .6p•�D�OD� r".T)o- 00=00 D 0 VIOLATION OF CITY ORDINANCE AND STATE LAM AND IS SUBJECT TO m / o x89'38•R•W Sae.18�. - FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS.. ZONED: PLANNED DEVELOPMENT MATCHL ISE-SEE SHEET 2 STREET '0' \ 1os.T1• - DISTRICT 2005-24 "RECOLMENDED FOR APPROVAL' ABS.HOO.()600�'s 1 �. SITUATED IN THE �°n5.2O.T'25 E.M. PRICE SURVEY, ABSTRACT No. 725 CITH OFNx LLANNING AND ZONING COMAISSION DATE THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS HEREBY CERTIFIES [1 iY OF Y IE, TEXAS WILL IAM SUTTON SURVEY, ABSTRACT No. 860 / 60°a THAT THE FOREGOING FINAL PLAT OF THE BRADDOCK PLACE ADDITION PHASE 1 D.W. WILL IAMS SURVEY, ABSTRACT No. 980 / 1•wrft...°I, w AB E L w 1°u+PxL��CL1I. SUBDIVISION OR ADDITION TO THE CITY OF WYLIE WAS SUBMITTED TO THE CITY COUNCIL NATHANIEL ATTERBERRY SURVEY, ABSTRACT No. 1099 Kix `> w,f ON THE_DAY OF 20_,AND THE COUNCIL.BY FORMAL ACTION. THEN AND APPROVED FOR CONSTRUCTION" CITY OF WYLIE, COLL IN COUNTY, TEXAS "6° �,.... -,.J l.r"�" THERE ACCEPTED THE DEDICATION OF STREETS,ALLEYS,PARKS, EASEMENT,PUBLIC PLACES, AND WATER AND SEVER LINES AS SHOWN AND SET FORTH IN AND UPON SAID PLAT AND SAID .., i..-.. COUNCIL FURTHER AUTHORIZED THE MAYOR TO NOTE THE ACCEPTANCE THEREOF BY SIGNING MAYOR,CITY OF WYLIE, TEXAS DATELIAIVII OWNER/DEVELOPER: ENGINEER/SURVEYOR: Q x15 NAME AS HERE INA BOVE SUBSCRIBED. 5 1/23/05 +w� oMsxED ^°,w' •'7'°AA• ,m°�-°K�w1u xq /I BRADDOCK PLACE ESTATES LTD, KENNEDY CONSULTING INC. WITNESS Mr AND THIS oar OF 3 tt/11/OS A TEXAS LIMITED ESTATES, BOB S. COLLEGE ST, ...raw n... s+".w o°.wr '"""^A'r'r" 'ACCEPTED' 2 1/09/05 383E OAK LAWN AVENUE, SUITE 300 TYPICAL PAVEMENTI SECTION 1 I1/04/05 SUITE 1212 MCKINNEY, TX 75069 +.s. CITY SECRETARY NO. REVISION DATE DALLAS T% 75219 1972/ 542-I]54 .. CITY OF LIE, TEXAS MAYOR,CITY OF WYLIE, TEXAS DATE 1214/ �22-4945 O SUBMITTED/ 10/19/05 Tr® _ I I I\. / a I te gD.D ��E H 1 0' 50' 100' 200' 400' ACC{I VY 6 G - m c �.R.c.c.r. 44 LO 'T IONM ABS.IOOO.TOO J \\ ‹SUU.5 5 II - o �- • p ' _C ^+ 6b 60.01• i"cx p2E.AaA 01r .r T N !-'R.O.N. S69 6.2g•W - t/ \ 'O ��y15�"VP' _ __ C'C\,aq"-.i_ 6 ` O WI E H.O.A.LANDSCAPE BUFFER LOT x Y ,� y" 24 ��. e0 0�m 0•WIDE R.D.W. DEDICATION i r .� `*� ()' m Sg9"46'26•W - ' Vf :� G1D4.Ho.060 / K.P.M.HOO.723 --v ABS.HOO,tIOW VE� N 0 23 .0. 90 w` cl » of �'� 589 38'47 E N00°2/'l3'E N _ - `5�.15� ,P D Vie$. pL i3.x'''g a Igo or - _ yr _ g m 22 s66. �� 7 - In VOL. E so T„ESTATES ; L 128./0' \ -- 240.00' , z0g'gz �.: mgn `=.'a A BO't '0'I Im� se9'46.26•n o ^ cRvO� >.6Rc.cGr.lmzs -�wu.w.a raorw� -�� '�' C NATCHLINE-SEE SHEEF 1 \'. , m 05.T1• � 9 `/ _, 2� •I., 51�� 'GE. u / ,~qmq 8 m U: a VICINITY MAP�f \' ,' 178.4r• j+ xe9'38.4rw 469...�M -P �° ,5•jBA m crrccxsloc cAnrc NOT TO SCALE \ ` L 5T P PIP T_LOSno• . On__Ln0.no•�m-00 INIXXX6 z _ 'ZON�m�s. SB, x5�p s mo 2 Nm alb` le0.ol• - c -6 3c'\ 3c 31 /9 ` mg 51. 4 - 589'a6.26"N 2. O m� s z3z..6• �',,,,�g^ 1 3 o ti 1 4 8 /5 m a /t at 6 0�• I. 18 Dim a 51° m 3��`S. co'<`, y0 9 0 o f _ _ _ _ O m :Bi __Oo Rags_. D N69"38.. ILL; -o 0 . m T..�.6' a e.'e A S�j3 Ig1.IS' .. `� n m I. m N h N n \ n0 a: 4 N�m- 9'14. 589 46'26' EREEKSIDE SOUTH ESTATES VOL T2 -SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A O o -3 I9 T' � - _ ¢ ' / 7"I� 268.6 7' ° O.2.C.C.T. VIOLATION OF CITY ORDINANCE AND STATE LAN AND IS SUBJECT TO "�y�g9.B6' 65.g9' 65.89' 65.89' J4._1•\ 4b'a•iT.30' - p g2 g0/,E C FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS." ." 't. I95.3• \ :99938'47•E 34.1/• 34.II• 34.1/•- 50."5" '5' 5 Nm�g y.:.. ,04 0- , 5gI 38'^T" m ;30.26',0 \,\- 6 Nm$ yNy1' ,, oa6 / /NO C/4 I• m 'RECOMAENDED FOR APPROVAL eP 2 0 - - o" .8 7 m m 1 8 z5 •N2 155.Io'., . 'k ,, m. o. 9 '- o�\, r, act • -�/ l°a, N 2 - ro ° cHA 1RMAN P NNlxc AND ZONING cOLMIss1oN DATE �g OZ'STA 06'32 \5 ,_' . mo -O m u n \ oo'flg'_ETi� S � .3 `(n . 15 l^ a III6 Nu�i I I :. CITY OF IIYL IE. TE%AS roaN N 31.01 N N 36.98•P :.• STB.f.,-" 39.38'1 -IDD.-00' .. -1 6 . TD .51 V 1+1 I O 574°0 '32'W1111'1/4 / OuO�g 'Y' = cm- Z _ 4 mJ T,W 'APPROVED FOR CONSTRUCTION" 2 .02' �OQ 6`� \ ` ISSib---�N8938'IT•M199.ti '� ,- g2' ° D' 12" •>S. �'� e _ m 91' T 3 .6. I MAYOR,CITY Of WYLIE, TEXAS DATE 6`. /QI 100.00.5 N o 5 g6 38' C12N42°3 'E , I "'�� • 9 O ,. .ACCEPTED. x /3 z �10]0' �° i MAYOR,CITY OF WYLIE, TEXAS DATE 0 9p E_e0 4. 51.16' /00.01• /00.00' 97.1.' 1 sa o N89.38'47'W .. 26/.87' I THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS HEREBY CERTIFIES C/I 512 1 THAT THE FOREGOING FINAL PLAT OF THE BRADDOCK PLACE ADDITION PHASE 1 SUBDIVISION OR ADDITION TO THE CITY OF WYLIE WAS SUBMITTED TO THE CITY COUNCIL 542°33'07'W j ON THE DAY OF 20_,AND THE COUNCIL, BY FORMAL ACTION, THEN AND 88./S \ THERE ACCEPTED THE DEDICATION OF STREETS,ALLEYS,PARRS,EASEMENT,PUBLIC PLACES, AND WATER AND SEWER LINES AS SHOWN AND SET FORTH IN AND UPON SAID PLAT AND SAID COUNCIL FURTHER AUTHORIZED THE MAYOR TO NOTE THE ACCEPTANCE THEREOF BY SIGNING LEGAL DESCRIPTION HIS NAME AS HEREINABOVE SUBSCRIBED. 2,378.745 SOUARE FEET IGROSSI/ 54,608 ACRES IGROSSI WITNESS MY HAND THIS DAY OF BEING A 54,608 ACRE TRACT OF LAND SITUATED IN THE E.N.PRICE SURVEY,ABSTRACT ND, 725,THE WILLIAM THENCE NORTH 42 DEGREES 33 MINUTES 07 SECONDS EAST,26.10 FEET TO A POINT FOR CORNER AT THE SUTTON SURVEY,ABSTRACT NO.060,THE D.M.91551KMS SURVEY,ABSTRACT NO.900,AND THE NATHANIAL BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 06 DEGREES 30 MINUTES 43 ATTERBERRY SURVEY,ABSTRACT NO. 1099,MAIN COUNTY, TEXAS, 1 D.R.C.C.,,,SAID TRACT DEING A PART SECONDS,A RADIUS Of 300.00 FEET AND A CHORD NHICH BEARS NORTH 45 DEGREES 48 MINUTES 28 CITY SECRETARY OF A 53.42 ACRE TRACT CF LAND CONVEYED BY DEED TO MRS.THELMA RICE BY LONE STAR BOAT CD., SECONDS EAST,A DISTANCE OF 43.17 FEET; CITY OF WYLIE, TEXAS RECORDED INVOLUME 561 PAGE 226 DEED RECORDS,COLLIN COUNTY, TEXAS, 1 D.R.C.C.T.,,SAVE AND EXCEPT PARCELS TAKEN FOR ROAD RIGHT-OF-wAr AND BEING YORE PARTICULAR,.DESCRIBED AS FOLLOBS: THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 43.19 FEET TO A POINT FOR CORNER; i AX21N D FOUND IN THE NESTERLY RIGHT-OF-BAY LINE OF FARM TO MARKET THENCE NORTH 47 DEGREES 26 MINUTES 53 SECONDS BEST,204.76 FEET TO A POINT FOR CORNER, „Ir THENCE SOUTH 74 DEGREES 06 MINUTES 32 SECONDS BEST,20.02 FEET TO A POINT FOR CORNER, THENCE ALONG SAID BESTERLY LINE THE FOLLOBING: THENCE NORTH 24 DEGREES OD MINUTES 57 SECONDS BEST, 56.54 FEET i0 A POINT FOR CORN SOUTH OD DEGREES 20 MINUTES 41 SECONDS BEST,450.70 FEET TO A%:INCH IRON ROD FOUND FOR CORNER, SOUTH OD DECREES 52 MINUTES 55 SECONDS EAST, 108.89 FEET TO A%:INCH IRON ROD FOUND FOR CORNER; THENCE SOUTH ES DECREES 38 NINNIES.7 SECONDS EA 2e.10 FEET TO A POINT FOR CORN "PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY•• THENCE NORTH OD DEGREES 21 MINUTES 13 SECONDS EAST,240.00 FEET TO A POINT FOR CORNER; SOUTH 44 DECREES 16 MINUTES 48 SECONDS WEST,37.41 FEET TO A/:INCH IRON ROD FOUND FOR CORNER; THENCE SOUTH 159 DECREES 38 MINUTES 47 SECONDS EAST,347.60 FEET TO A y4'IRON ROD FOUND FOR CORNER; DEVELOPMENT PLAN/ SOUTH OD DECREES 52 MINUTES 55 SECONDS EAST,40.00 FEET TO A Y:INCH IRON ROD FOUND FOR CORNER; PRELIMINARY PLAT OF THENCE SOUTH 89 DEGREES 56 MINUTES 14 SECONDS EAST, 168.67 FEET TO A/."IRON ROD FOUND FOR CORNER; BRADDOCK PLACE ADDITION PHASE I SOUTH 44 DECREES 27 MINUTES 55 SECONDS EAST,38.48 FEET TO A'/:INCH IRON ROD FOUND FOR CORNER; 85 RESIDENTIAL LOTS 4 H.O.A. LOTS THENCE NORTH,532.51 FEET TO A'V2.IRON ROD FOUND FOR CORNER; SOUTH OD DEGREES 52 MINUTES 55 SECONDS EAST,0D9.01 FEET TD A%:INCH IRON ROD FOUND FOR CORNER; BLOCK A; LOTS 1-11 $1 X; BLOCK B; LOTS 1-14, THENCE SOUTH 89 DEGREES Ot MINUTES 19 SECONDS EAST, 19.78 FEET TO A IL'IRON ROD FOUND BLOCK C, LOTS 1-11, BLOCK D, LOTS 1-25, THENCE SOUTH 89 DEGREES 46 MINUTES 26 SECONDS NEST,DEPARTING SAID WESTERLY LINE,260.67 FEET FOR CORNER AND BEING A POINT IN A PUBLIC ROAD; NOTES: BLOCK E, LOTS 1-1 3, BLOCK F, LOTS 1-4 TD A POINT FOR CORNER AT THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE 1, BLOCK A, LOT 10 SHALL SERVE A5 A DETENTION AND DRAINAGE BLOCK G, LOTS 1-1 1 OF 06 DEGREES 52 MINUTES 45 SECONDS,A RADIUS OF 345.00 FEET AND A CHORD WHICH BEARS SOUTH 86 THENCE NORTH,451.15 FEET TO A POINT FOR CORNER,SAID POINT BEING ON OFTHE SOUTH RIGHT-OF-WAY LINELOT AND SHALL BE MAINTAINED BY HE SUBDIVISION H.O.A. DEGREES 20 MINUTES 04 SECONDS WEST,A DISTANCE OF 41,40 FEET; FUTURE ELM ROAD IA 65-FOOT RIGHT-OF-NAY),SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE 2. BLOCK A, LOT II SHALL SERVE AS A LANDSCAPE BUFFER LOT, 54.608 ACRES RIGHT HAVING A CENTRAL ANGLE OF 10 DEGREES 28 MINUTES 57 SECONDS,A RADIUS OF 967.50 FEET AND 4 CHORD AND SHALL BE MAINTAINED BY THE SUBDIVISION H.O.A. THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 41.42 FEET TO A POINT FOR CORNER; WHICH BEARS SOUTH 04 DEGREES 45 MINUTES 32 SECONDS EAST,4 DISTANCE OF 176.76 FEET; 3. BLOCK C, LOTS 10 D I1 SHALL SERVE AS LANDSCAPE LOTS AND SHALL BE MAINTAINED BY THE SUBDIVISION H.O.A. ZONED: PLANNED DEVELOPMENT THENCE SOUTH 00 DEGREES 52 MINUTES 55 SECONDS EAST,210.93 FEET l0 A POINT FOR CORNER: THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID SOUTH RIGHT-OF-WAY LINE,AN ARC DISTANCE OF 4. STREET"AF"SHALL BE CONSTRUCTED PER THE SUBDIVISION 177.01 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL REGULATIONS,UNLESS SUPERCEDED BY A DEVELOPMENT DISTRICT 2005-24 THENCE SOUTH 67 DEGREES 30 MINUTES 12 SECONDS NEST,239.66 FEET l0 A POINT FOR CORNER AT THE ANGLE OF 20 DEGREES 49 MINUTES 39 SECONDS,A RADIUS OF 532.50 FEET AND A CHORD WHICH BEARS SOUTH 89 AGREEMENT BETWEEN THE CITY AND DEVELOPER. SITUATED IN THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 29 DEGREES 59 MINUTES DEGREES 55 MINUTES 53 SECONDS EAST,A DISTANCE OF 192.50 FEET; 5. TREATMENT OF REAR LOT LINES OF LOTS 1-9,BLOCK A SHALL 49 SECONDS,A RADIUS OF 1230.00 FEET AND A CHORD WHICH BEARS ON 75 DEGREES 21 MINUTES 19 BE TUBULAR STEEL OR LIVING SCREEN. E.M. PRICE SURVEY, ABSTRACT NO, 725 SECONDS WEST,A DISTANCE OF 636.63 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID SOUTH RIGHT-OF-WAY LINE,AN ARC DISTANCE OF 6 FUTURE OF LOT ITC T LOTEN LOT EO, BLOCK A BLOCKAND A WILL TAM SUTTON SURVEY, ABSTRACT NO. 660 RE CITY PARR SHALL MATCH THE FENCE IS D.W. WILLIAMS SURVEY, ABSTRACT NO. 980 THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 643.96 FEET TO A POINT FOR CORNER; 193.Si FEET TO A POINT FOR CORNER; CONSTRUCTED ON THE REAR LINE OF LOTS t-9, A. NATHANIEL ATTERBERRY SURVEY, ABSTRACT NO. 1099 THENCE SOUTH 32 DEGREES 21 MINUTES 58 SECONDS EAST, EPARTING SAID SOUTH RIGHT-OF-BAY LINE, DISTANCE CITY OF WYLIE, COLLIN COUNTY, TEXAS BEST,THENCE NORTH B9 DEGREES 3B MINUTES 47 SECONDS 261.87 TO THENCE SOUTH 42 DEGREES 33 MINUTES Di SECONDS BEST, 0157FEETT A POINT R CORNER; i TO APDIUTFOR[OR OF356.4E FEET TO A POINT FOR CDRu i 5 BEGINNING AND CTHENCE NORTH 57 DEGREES 38 ONTAININ 02 SECONDS EAST,004.70 FEET TO THE POINT OF G 1/23/05 OWNER/DEVELOPER: ENGINEER/SURVEYOR: 5 GROSS SQUARES FEET OR 54,60B GROSS ACRES Of LAND, E OR LESS. ^ T/O5 BRADDOCK PLACE ESTATES, LTD. KENNEDY CONSULTING INC. THENCE NORTH 47 DEGREES 26 MINUTES 53 SECONDS BEST, 40.00 FEET To A POINT FOR CORNER; 3 I/05 A TEXAS LIMITED PARTNERSHIP BOB S. COLLEGE ST, 2 11/09/05 3838 OAK LAWN AVENUE, SUITE 300 1/04/O5 SUITE 1212 MCKINNEY TX 75069 NO. REVISION DATE DALLAS, TX 75219 1972, 54)2-1754 SUBMITTED; 1O/19/D5 1214, 522-4945 0 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 11, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for Wylie Senior Care Addition, generally located at the southeast corner of State Hwy 78 and Kirby Street. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 1, 2005, 7 —0 to recommend approval. SUMMARY: The Final Plat under consideration will create three (3) lots. The Planning and Zoning Commission approved a site plan for an Assisted Living Facility on Lot 1 (3.206 acres) on November 1, 2005. Lot 2 is 1.647 acres in size, and Lot 3 being .286 acres and dedicated to the City of Wylie for Park and Drainage purposes. No other use as yet has been proposed for lot 2. The subject property is currently zoned Neighborhood Services (NS) A signage easement must be provided for the monument sign located on Lot 2 for the subject lot. The Final Plat complies with all applicable technical requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: MM \ 11/21/05 City Manager: \ 1 ' CERTIFICATE OF OWNERSHIP AND DEDICATION STATE OF TEXAS AD:UM3 ZONED, `°"' DLO,L e COUNTY OF COLLIN KOOK 1 o.i-'� 139 A n Z wore.c f the Collin LOT,O Lm, tm,z Lmiz Lmi. Lm,s Lm,e cre Lo„' Lm is ,-Npi.�s�zl my ,51 County. WHEREAS. ° m BEGINNING /'iron rod vfith cap stamped-Bury,ortner.(hereinafter referred to r� (e w t NOL s.c..) ` LoT CD L found for corner.some being the most southerly southwest ame so t so 2°u�3. ....„m- �o„e _ __ L 5.00'02 Ory Een s, 8 1 ,Og, ,o EV .., more less.from,ne eas, o e o s�a,e o a 59aos feet, r (e,v o WYLIE, ora;s Barlatr.Care Center of Texas.Inc„according to deed III.for record In Volume 4621,Page 1555.Collin County Land Records.said corner being also located 5.3.3.07"E.. s d' - zs o. N 1,„ WATER WATER3 �. i LOT .A yF hOSP III.an addition to the City La*..ata N.01'33'34"E wn,FR zsnn_ x umm eAscucrv, v.z I to plat Coed for record in Cabinet M. T,Collin County lot Records: according ,Ra roprnary 130.00' sLii.N w-z..33 , Tt 4 feet t r r u THENCE,sea333e E.e 9 ee to aP First In ran rod on or corner,nthe City of Wylie some being the RA7 LOT 21 7 east line of Holiday'- ...NET _,T.PKo°,. �v,.a�tr. 1I: acror m alam e all„cp v mReca s. 71 751 SO FT. AC.) LOT 1 e ° '- ZONED CR ( )a rr- LOT zs s/a' ono (1.647 AC.) (139,650 SOFT,/3.206 AC.) Records: a°ttar. P plat faea mr BLOCK A BLOCK A O a record�n Cabinet s 9 oa.Collin County Cot Recome. 1-r .uthrven come r o s87t,634 square foot Bar� r�C care Center of Texa s tract; n I Os LOT e of the Yt. 4 square root tract the rouo tolls v n e 63 a e rIEt mad ran rod roam for corner, «�aa�a P"�s:�i' s o D M D,IL°.3,.SM3rv, i - and containing all 223.867 square feet or v39 acres of land CURVE �.a DLL, RADIUS �L C.D. cso..BRW °.,K13 fL. om z�3D3S 3saD 3°ya sTz s.333,a w. At — — — 1 Lo,c, NOW THEREFORE.KNOW ALL MEN BY THESE PRESEN TS: ov e S° 32.00 sa n ye•aDw Z w,,FR LS.,i THAT.SOONER CROUP.L.P..acting enaTxas through it's duly authorized officer.does CY 0 et described property as WYLIE SENIOR CARE _• _ ADDITION.on oddition to the City of wNSe.br\ u,ILnv FnFU sLry / -_ -__ - ,,,. "" vnuF uncF �rz�„ - LINE r'ISLE o,ze trees.s.u.or otner frnprovernen.or growtns snall Pe constructed or pl..upon.over or L rvzs Soo F °s. <^ xas.and does hereby hereby dedicate to the N.00.04.36"W. - 398.88 93 across the easements and rights-of-war as shown.Sald utility eosment being hereby CABINE1 C.Pc 5,P R c.c. Lz rv.eP c3 z.S. ...pe �h wn,eR Ssu,. i I reserved for the mutual accommodation of all public utilities desiring to use the same.Any ZONED as 7, ti 9 0 j Y L nee asz z. n.m ..‘3.'''''''' sYstem sn a.of thee eosement s.iPs.And anY public utility..at all times have the. wz. S\ �`\\ %p� Le s00 pzroe s3i rignt of Ogress and egress to and from a.upon tne sard eosernent strrps for tne purpose os _ / /.�00 .lo cyO`.,. oRnzes AD. m. oll or part od its respective systems without necessity v time of procuring e _ N'Sry 1 perm,,,„of anyone t`Ovoumi`a`a„zj // Tre,ero � WITNESS OUP HAND.,nos the y .zoos. ua rv.ees zLg Ws w, zo se SOONER GROUP.L.P. POINT OF . s.aaa.3eu., 30,90 S,za R BEGINNING suavFvoas CERTIFICATE Monsoar AI y Partner aESA „ I.Rola.Foerster.RegiT,red Professional La.Survey.of the State of Texas.do hereby mY oot the same,manamems sno,�n ne,eon o,e rapna or prope,Iv STATE OF TEXAS / lone as�na�,a,ee_ ne t.,aa.�wo•n,.w..ma COUNTY OF COLLIN BEFORE ME.the undersigned authority.a Notary Public for the State of Texas,on this day ply Rp Roland Faerete,,RPLS„3233 e,.M,rp ,e ,T a°Lr== subscribed to the foregoing a`2„E a`IfDENOTES,"ism PODFOUND o rvnR PLASTIC CAP STAMPED COUNTY OF<ottlN some foroER purposes p°D SEAL OF COne de005 n OFFICE, n expressed and day n,ne capacity e,e n I. BEFORE ME.the undersigned authorlty.a Notary Public for the State of Texas.on thls clay /A° °fILLp FaR RL3pRa Iry oL sy53 s s. / „ personally appeared Roland Foerster .known to me to be the person whose name is ' 2005 OFFICE, the n the ea pacity therein stated. UNDER MY„ANDond A day S. ,DIFF;„ Tw EN Pa,NO,TH�D°RI°NO,P PE,IUC far the mate of Te.ae " i City Law and�e rinds andes the rvitnnsounds p utah�eelation and �� \! 3R° "RECOMMENDED FOR APPROVAL, p mm,ee�an Kate building permits, ZONED cR y aWylie1O Texas S SITE APPROVED FOR CONSTRUCTION 5 Y Fry 344 Mayor.City of N..,Texas Date FINAL PLAT "7� CERTIFICATE OF COMPLETION WYLIE SENIOR CARE ADDITION s,, ACCEPTED FOR FILING":Mayor,City a Texas Date ACRES o ` Wylie, f,aRc4eaa of w>7ie,Te AN ADDITION ,ONES CITY OF WYLIE °K DITION,an addit ofSWNtp,was OUT OF CP sunmittea to ine unnl on the E.C.DAVIDSON SURVEY,N ABSTRACT,NO. AS ,L1 2006.a.the City Council by formal action. then ond there accepted the dedication of the streets and easements os shown and set CITY OF WYLIE,COLLI 2 forth in and upon sald plat.and water lines,sewer lines and dralnage systems installed with n said addition.and said Council further outhorised n n e n a he Mayor to note the acceptance thereof OWNER: SURVEYOR' y g g :game o: ere�n a ore:a„r�e`m SOONER GROUP,LP ROLAND FOERSTER CIVIL ENGINEERS WITNESS My HAND day or 2DD5. CHAR NM-TRSON,T PARK DR. ,6M WADDILL ST.,SUITE 104 9 MAPSCO 10A-8 ACT:DR.M,TEXAS TSO&S MCKINNEY,TEXAS44-8 98 CONTACT:DR.MANSOUR ALLANYARI (2,C)H4C-8888 VICINITY MAP City Secretory.City of Wylie,Collin County,Teas 972-018-3666 CITY OF WYLIE Item No. C7 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Fire Prepared By: Steve Seddig, Fire Marshal Account Code No. #: Date Prepared: 11/23/05 Budgeted Amount: 00.00 Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-75 amending Ordinance No. 2005-64; adopting amendments to the 2003 edition of the International Residential Code regarding fire sprinkler systems in Townhouse; 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. RECOMMENDED ACTION:Approval SUMMARY: The current rate of request for Single Family Attached (TOWNHOUSE) developments has remained steady. By passing this attached ordinance for fire sprinkler systems in Single-Family Attached (TOWNHOUSE) over one story, this steady increase will not negatively affect the fire departments capability to continue provide the highest level a service it strives to maintain. Findings • Single Family Attached (TOWNHOUSE) density reaches that of Multi-Family (Apartments). • Single Family Attached (TOWNHOUSE) over one story increase parking requirements on city maintained streets. • The high density coupled with the increased use of city streets for parking negatively affects public safety, by potentially hampering immediate access to Single-Family Attached (TOWNHOUSE)in the event of a fire. Conclusions • Single-Family Attached (TOWNHOUSE) over one story in height developments density reaches eight to ten units per acre. • The increased use of city streets for parking causes congestion that could hamper public safety by interfering with Quint ladder operations. • Currently city street requirements are a minimum of 31 feet curb to curb. Typical parking width of two vehicles leaves between 11 and 13 feet to perform ladder operations. • Quint ladder operations require 11.5 feet for equipment stabilization and fire operation utilizing the truck mounted ladder. APPROVED BY: Initial Date Department Director: SE \ 11/23/05 City Manager: \ 1 ORDINANCE NO. 2005-75 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2005-64; ADOPTING AMENDMENTS TO THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE REGARDING FIRE SPRINKLER SYSTEMS IN TOWNHOMES; 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, 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")to amend Wylie Ordinance No. 2005-64; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and in the health, safety and welfare of the public to adopt an amendment to the 2003 Edition of the International Residential Code regarding fire sprinkler systems in townhomes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-64 and the 2003 International Residential Code. Ordinance No. 2005-64 and the 2003 International Residential Code is hereby amended to change the definition of"Townhouse" and change R317.2 as follows: Section R202 Definitions: TOWNHOUSE. A single-family dwelling unit constructed in a group of two or more attached units in which each unit ex-tends from foundation to roof and with open space on at least two sides. Section R317.2: Any townhouses over one story in height to be equipped with a fire sprinkler designed to NFPA 13 D Standard. SECTION 3: 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 portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a residential code is hereby amended to refer to the 2003 International Residential Code as it is adopted herein or may be subsequently amended. Ordinance No. 2005-75 Amending Ordinance No. 2005-64 and the 2003 Edition of the International Residential Code Ike 1 SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 6th day of December, 2005. John Mondy, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—December 14, 2005 Ordinance No. 2005-75 Amending Ordinance No. 2005-64 and the 2003 Edition of the International Residential Code Page 2 CITY OF WYLIE Item No. II City Secretary's Use Only COUNCIL AGENDA ITEM December 6, 2005 Fire/Purchasing Council Meeting Of: Originating Department: Prepared By: Noe Flores Account Code No. #: 132-5642-58910 Date Prepared: November 21 2005 Budgeted Amount: $124.600.00 Exhibits: Bid & Contract AGENDA SUBJECT:Consider and act upon awarding a contract in the amount of $120,500.00 to M & M Steel Buildings for the construction of a fire training facility. RECOMMENDED ACTION:Staff recommends awarding contract. SUMMARY: The FY 2006 budget for the Fire Training Center Fund includes an allocation of $124,600.00 for the construction of a 5,000 square foot training facility. In addition to classroom space, the building will provide needed storage for equipment, vehicles and fire apparatus. The facility will consist of a 50' X 100' X 16' steel building with drive-through bays and 6 overhead doors. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code. Although the solicitation was widely advertised, only one bid was received. M & M Steel Buildings of Rockwall has submitted a bid of $120,500.00. This is a design/build contract which includes the cost of architectural and engineering services. APPROVED BY: Initial Date Department Director: SE \ 11/21/05 City Manager: \ 1 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 6th day of December, 2005, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed "City"), and M & M Steel Buildings of the City of Rockwall, County of Rockwall and State of Texas, Party of the Second Part(hereinafter termed "Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth,the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: CONSTRUCTION OF A 5,000 SQUARE FOOT FIRE TRAINING FACILITY and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of One Hundred-Twenty Thousand-Five Hundred Dollars ($120,500.00). THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CONTRACTOR By: By: Attest: M&M Steel Buildings 2028 Sunny Circle, Rockwall, Texas 75032 972-771-1617 October 21, 2005 Building Proposal for Wylie Fire Department M&M Steel Buildings to supply all labor and materials for complete erection of 50' x 100' x 16' steel building to include: Concrete • 8" concrete floor; 3500 psi with 3/8" rebar on 18" centers with vapor barrier and 6" brick ledge • Perimeter beam 10" wide, 24" deep with 4 sticks of#5 rebar • Crossbeams 10"wide; 20" deep with 4 sticks of#5 rebar Framework • I Beam construction with complete set of engineered drawing o Live load —20 psf o Snow load — 10 psf o Wind speed —90 mph o Wind code— International Building Code 03 o Roof slope 3/12 Sheet metal, trim & gutters • 26 gauge with 30 year warranty, assorted colors with color match screws Insulation • WMP VR-R; 3"W R-10 with solar guard Doors • 3 Walk-through doors— 3' x 7'; all-steel door; insulated; with deadbolts and steel jamb • 6 Overhead doors O 2" commercial door: 14' x 14' 24 gauge steel o Hinges: 11 gauge steel o Ball bearings rollers: 2" O 2" reverse angle track o Insulation; 2" poly-polystyrene o Openers: Liftmaster MT5011 3 M&M Steel Buildings 2028 Sunny Circle, Rockwall, Texas 75032 972-771-1617 Ridge Ventilators • 2 — 10' long, 26 gauge Galvalume, with damper with chain and worm gear operator and bird screen, and base configured to match roof panel. 1. Throat Opening: 9 inches 2. Throat Opening: 12 inches 3. Connect individual vents to form continuous ridge vent with one operator for each 5 vents. Skylights • 12 skylights —fiberglass &frosted Total Price: $120,500.00 Payment Schedule: 20% down: $24,100.00 40% after foundation: $48,200.00 30% upon erection of frame: $36,150.00 10% upon completion: $12,050.00 Customer Date t b - 2<=-- aS Allen Mutschler, Ov'i ner Date 4 CITY OF WYLIE TABLE OF CONTENTS DIVISION 0 - INSTRUCTIONS RFP Request for Proposal DIVISION 1 -GENERAL REQUIREMENTS 01500 Temporary Facilities and Controls DIVISION 2 - SITEWORK 02300 Earthwork DIVISION 3 -CONCRETE 03300 Cast in place concrete DIVISION 4 - MASONRY DIVISION 5— METALS DIVISION 6 -WOOD AND PLASTICS DIVISION 7-THERMAL AND MOISTURE PROTECTION DIVISION 8- DOORS AND WINDOWS DIVISION 9- FINISHES DIVISION 10- SPECIALTIES 08360 Overhead doors DIVISION 11- EQUIPMENT DIVISION 12- FURNISHINGS DIVISION 13-SPECIAL CONSTRUCTION 13121 Pre Engineered Buildings DIVISION 14-CONVEYING SYSTEMS DIVISION 15- MECHANICAL To be coordinated with owner Division 16-ELECTRICAL To be coordinated with owner 17 City of Wylie Fire Station#2-Training Building Pricing Proposal 16 DIVISION BID BREAKDOWN 24-Oct-05 DIVISION NUMBER ITEM DESCRIPTION AMOUNT I GENERAL CONDITIONS & OVERHEAD II SITEWORK HI CONCRETE WORK IV MASONRY & STUCCO N/A V STEEL, STAIRS & RAILS N/A VI CARPENTRY N/A VII THERMAL MOISTURE PROTECTION N/A VIII GLASS, WINDOWS & DOORS N/A IX FINISHES N/A X SPECIALTIES N/A XI EQUIPMENT N/A XII FURNISHINGS - FF&E Allowance N/A XIII SPECIAL CONSTRUCTION XIV CONVEYING SYSTEMS N/A XV PLUMBING & HVAC N/A XVI ELECTRICAL N/A PROFESSIONAL SERVICES (A & E) CONTRACTOR'S FEE CONTINGENCY Company Name TOTAL Instruction to Bidders SOQ- Fire Station # 2 Training Building • SOQ submittal should be independent of the pricing proposal. Please keep responses short. • Bid Base building site work and concrete work specified • All other trades to be coordinated with owner supplied contractors • Utilities to the site by owner and may be added to the scope of work once the contract has been awarded. • Performance Bond will be required Section 02300 Earthwork See drawing attached, site will need to be graded as shown. Section 03300 Cast in place concrete: • Slab and paving 3500 psi with 3/8' rebar on 18" centers with vapor barrier • Building slab:6" brick ledge • Perimeter beams: 10" wide; 24" deep with four sticks of#5 rebar • Cross beams: 10" wide; 20" deep with four sticks of#5 rebar on 17" centers Section 08360 Overhead door- • 2" Commercial door: 14' X 14' 24 gauge steel • Hinges: 11 gauge steel • Ball bearings rollers: 2" • 2" reverse angle track • Insulation; 2" poly-polystyrene • Openers: Liftmaster MT5011 TABLE OF CONTENTS Section 13121 SECTION Description Page PART 1 GENERAL 1.1 SECTION INCLUDES 1 1.2 RELATED SECTIONS 1 1.3 REFERENCES 1 1.4 DEFINITIONS 2 1.5 DESIGN REQUIREMENTS 3 1.6 SUBMITTALS 3 1.7 WARRANTY 4 PART 2 PRODUCTS 2.1 METAL MATERIALS 5 2.2 FRAMING COMPONENTS 6 2.3 ROOF AND WALL PANEL COMPONENTS 7 2.4 WALL ACCESSORIES 9 2.5 ROOF ACCESSORIES 9 PART 3 EXECUTION 3.1 EXAMINATION 10 3.2 ERECTION 10 BASIC ELEMENTS OF A BUILDING 11 1 SECTION 13121 PRE-ENGINEERED BUILDINGS PART 1 - GENERAL 3.1 SECTION INCLUDES A. Structural steel frame. B. Complete roof covering system consisting of the exterior roof panels, panel attachments, sealants, mastics, trim and flashings as required. C. Complete wall covering system consisting of the exterior wall panels, panel attachments, sealants, mastics, trim and flashings as required for a weathertight assembly. D. Field seaming machine. E. Wall accessories, including: 1. Service door F. Roof Accessories, Including: 1. Facade systems. 2. Translucent roof panels. 3. Ridge ventilators. 3.2 RELATED SECTIONS A. Section 03300 - Cast-in-Place Concrete: Foundations and anchor bolts. B. Section 09900 - Paints and Coatings: Finish painting of structural members, doors, roof curbs, etc. 3.3 REFERENCES A. AAMA 101 -Voluntary Specification for Aluminum and Poly (Vinyl Chloride) (PVC) Prime Windows and Glass Doors; American Architectural Manufacturers Association. 2 B. ASTM A 36/ASTM A36M - Standard Specification for Carbon Structural Steel. C. ASTM A 307 - Standard Specification for Carbon Steel Bolts and Studs, 60 000 PSI Tensile Strength. D. ASTM A 325 - Standard Specification for Structural Bolts, Steel, Heat Treated, 120/105 ksi Minimum Tensile Strength. E. ASTM A 529/A 529M - Standard Specification for High-Strength Carbon- Manganese Steel of Structural Quality. F. ASTM A 570/A 570M - Standard Specification for Steel, Sheet and Strip, Carbon, Hot-Rolled, Structural Quality. G. ASTM A 572/A 572M - Standard Specification for High-Strength Low-Alloy Columbium-Vanadium Steel. H. ASTM A 653/A 653M - Standard Specification for Steel Sheets, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process. I. ASTM A 792/A 792M - Standard Specification for Steel Sheet, 55% Aluminum- Zinc Alloy-Coated by the Hot-Dip Process. J. ASTM D 635 - Standard Test Method for Rate of Burning and/or Extent and Time of Burning of Self-Supporting Plastics in a Horizontal Position. K. ASTM D 1929 - Standard Test Method for Ignition Properties of Plastics. L. ASTM D 2843 - Standard Test Method for Smoke from the Burning or Decomposition of Plastics. M. ASTM E 84 - Standard Test Method for Surface Burning Characteristics of Building Materials. N. ASTM E 774 - Standard Specification for Sealed Insulating Glass Units. O. SDI 100 - Recommended Specifications for Standard Steel Doors and Frames; Steel Door Institute. P. UL 580 - Tests For Wind Uplift Resistance of Roof Assemblies; Underwriters Laboratories Inc. 3.4 DEFINITIONS A. Building Width: Measured from outside to outside of sidewall girts. 3 B. Building Length: Measured from outside to outside of endwall girts. C. Building Line: Outside face of horizontal steel girt. D. Building Eave Height: Measured from the intersection of the top of the roof framing and the outside of the wall framing to the bottom of the sidewall column base plate. E. Bay Spacing: Measured from centerline to centerline of primary frames for interior bays and from centerline of the first interior frame to outside of endwall girts for endbays. F. Roof Pitch: The ratio of the vertical rise to the horizontal run. 3.5 DESIGN REQUIREMENTS A. Design structural systems according to professionally recognized methods and standards and legally adopted building codes. B. Design under supervision of professional engineer licensed in Texas. C. Manufacturer must be certified by AISC in the Metal Building category. D. Supplier must be a primary manufacturer of frames, secondary steel, roof and wall sheeting and trim. E. Design Loads: 1. Applicable Building Code: UBC 2003. 2. Roof Live Load: 20 psf, reducible 3. Roof Snow Load: 5 psf. 4. Roof Wind Load: Calculate in accordance with applicable code, using 90mph Basic Wind Speed, Exposure Category C, and Importance Factor of 1. 5. Collateral Loads: 3 psf. F. Anchor Bolts: Furnish design criteria for anchor bolts furnished by others, to resist the loads induced by the design loads on the structure. 3.6 SUBMITTALS A. Design Data: Provide detailed design criteria and calculations. B. Certification: Manufacturer certification that the building conforms to the contract documents and manufacturer's standard design procedures. 4 C. Shop Drawings: Show building layout, primary and secondary framing member sizes and locations, cross-sections, and product and connection details. D. Product Data: Information on manufactured products to be incorporated into the project. E. Color Charts: For selection of colors. F. Anchor Bolt Installation Drawings: Layouts with bolt diameters. G. Specimen Warranty. 3.7 WARRANTY A. Provide manufacturer's standard warranty for: 1. Materials and workmanship: 1 year. 2. Panel finish: 20 years. 3. Weathertightness: 20 years. PART 2 PRODUCTS 3.1 METAL MATERIALS A. Select materials and material yield strengths based on building design requirements; use the following unless required otherwise. B. Structural Steel Plate, Bar, Sheet, and Strip for Use in Bolted and Welded Constructions: ASTM A 572/A 572M/A570, A 529/A 529M or A 36, with minimum yield strength of 50,000 psi (345 MPa). C. Structural Steel Material for Use in Roll Formed or Press Broken Secondary Structural Members: ASTM A 570/A 570M,or A607 with minimum yield strength of 55,000 psi (380 MPa). D. Galvanized Steel Sheet for Roll Formed or Press Broken Roof and Wall Coverings, Trim and Flashing: ASTM A 653/A 653M, with minimum yield strength of 50,000 psi (345 MPa). E. Galvalume Steel Sheet Used in Roll Formed or Press Broken Roof Covering: Aluminum-zinc alloy-coated steel sheet, ASTM A 792/A 792M, with minimum yield strength of 50,000 psi (345 MPa); nominal coating weight of 0.5 oz per sq. ft (152 kg/sq m) both sides, equivalent to an approximate coating thickness of 0.0018 inch (0.05 mm) both sides. 5 F. Hot Rolled Steel Shapes: W, M and S shapes, angles, rods, channels and other shapes; ASTM A 572/A 572M or ASTM A 36/A 36M as applicable; with minimum yield strengths required for the design. G. Structural Bolts and Nuts Used with Primary Framing: High strength, ASTM A 325. H. Bolts and Nuts Used with Secondary Framing Members: ASTM A 307. I. Shop Coat: Manufacturer's standard rust inhibitive primer paint; manufacturer's standard color. J. KXL Pre-Painted Finish: 1 mil (0.025 mm) Kynar 500 coating on exterior surface. 1. Color: As selected from manufacturer's full line. 2. Color: 3. Interior Finish: Off white 0.5 mil (0.01 mm) washcoat as required by manufacturer. 3.2 FRAMING COMPONENTS A. Primary Framing: Rigid Frame (RF Series) solid web framing consisting of tapered or uniform depth rafters rigidly connected to tapered or uniform depth columns. Provide a clear span that supports the loads at bay spacings indicated. B. Endwall Framing: Corner posts, endposts and rake beams. C. Purlins: Zee-shaped; depth as required; with minimum yield strength of 55,000 psi (345 MPa); simple span or continuous span as required for design. D. Girts: Zee- or Cee-shaped; depth as required, with minimum yield strength of 55,000 psi (345 MPa); simple span or continuous span as required for design. E. Wind Bracing: Portal, torsional, diagonal bracing or diaphragm in accordance with manufacturer's standard design practices; utilizing rods, angles, and other members, with minimum yield strengths as required for design. F. Primary Frame Flange Bracing: Attached from purlins or girls to the primary framing, minimum yield strength as required for design. G. Base Angles: 2 inch x 3 inch x 0.059 inch (50 mm x 75 mm x 1.5 mm) steel angles, with minimum yield strength of 55,000 psi (38 MPa), anchored to the floor slab or grade beam with power driven fasteners or equivalent at a maximum spacing of 2 feet (1220 mm) on center and not more than 6 inches (150 mm) from the end of any angle member. 6 H. Door Headers and Jambs: Zee- or Cee-shaped; depth as required; with minimum yield strength of 55,000 psi (380 MPa). I. Sag Angles and Bridging: Steel angles, with minimum yield strength of 36,000 psi (250 MPa). J. Fabrication: Fabricate according to manufacturer's standard practice. 1. Fabricate structural members made of welded plate sections by jointing the flanges and webs by continuous automatic submerged arc welding process. 2. All welding operators and processes shall be qualified in accordance with the American Welding Society "Structural Welding Code", AWS D1.1. 3. Field connections. Prepare members for bolted field connections by making punched, drilled, or reamed holes in the shop. K. Component Identification: Mark all fabricated parts, either individually or by lot or group, using an identification marking corresponding to the marking shown on the shop drawings, using a method that remains visible after shop painting. L. Shop Coating: Finish all structural steel members using one coat of manufacturer's standard shop coat, after cleaning of oil, dirt, loose scale and foreign matter. M. Package building components for shipping by common carrier. 3.3 ROOF AND WALL PANEL COMPONENTS A. Roof Panels: Panel Rib( Base Bid); 36 inch (915 mm) wide net coverage, with 1-3/16 inch (30 mm) high major ribs at 12 inches (305 mm) on center with minor ribs spaced between the major ribs. 1. Material: Galvalume steel. 2. Material: Galvanized steel, with G90/Z275 coating. 3. Thickness: 26 gage (0.45 mm). 4. Side laps: At least one full major rib, with a supporting member bearing edge on the lower panel and an anti-capillary groove on the upper panel. 5. Length: Continuous from eave to ridge up to 41 feet (12.5 m) in length. 6. Endlaps, Where Required: 6 inches (150 mm) wide, located at a support member. 7. Finish: SP pre-painted finish. 8. Finish: KXL pre-painted finish. B. Roof Panels: SSR Standing Seam Roof Panels (Alternate); 24 inches (610 mm) wide net coverage, with 3 inches (75 mm) high major ribs formed at the panel side laps, formed for field seaming using electrically operated seaming machine. 1. Side Joints: Factory applied sealant for field seaming. 2. Material: Galvalume steel. 7 3. Thickness: 24 gage (0.61 mm). 4. Side laps: Two factory-formed interlocking ribs, with one weather sealed joint, mechanically field-seamed into place to form a double-fold 360 degree seam. 5. Length: Continuous from eave to ridge up to 41 feet (12.5 m) in length. 6. Endlaps, Where Required: 7 inches (178 mm) wide, located at a support member. 7. Finish: KXL pre-painted finish, standard color. 8. Panels shall have been tested in accordance to ASTME-1592. 9. Panel fastening to meet uplift requirements shall be based on tested fastener values with appropriate Safety Factors. C. Ridge Assembly for High End of Slopes: SSR Ridge; draw formed aluminum seam caps factory-attached to SSR ridge panels that are mechanically field- seamed together along the center of the ridge, utilizing only one weather sealed joint and providing a true expansion joint for panel movement. D. Wall Panels: Panel Rib; 36 inch (915 mm)wide net coverage, with 1-3/16 inch (30 mm) high major ribs at 12 inches (305 mm) on center with minor ribs spaced between the major ribs. 1. Material: Galvalume steel, unpainted. 2. Material: Galvanized steel, with G902275 coating. 3. Thickness: 26 gage (0.45 mm). 4. Side laps: Two fully overlapping major ribs secured together with 1/4 inch (6 mm) diameter color-matched carbon steel fasteners. 5. Length: Continuous from sill to eave up to 41 feet(12.5 m) in length. 6. Endlaps, Where Required: 4 inches (100 mm) wide, located at a support member. 7. Cut panels square at each end; provide base trim at sill. 8. Finish: KXL pre-painted finish. E. Panel Fasteners: 1. For Galvalume and KXL finished roof panels: Stainless steel-capped carbon steel fasteners with integral sealing washer. 2. For wall panels: Coated carbon steel. 3. Color of exposed fastener heads to match the wall panel finish. 4. Concealed Fasteners: Self-drilling type, of size as required. 5. Provide fasteners in quantities and location as required by the manufacturer. F. Flashing and Trim: Match material and color of adjacent components. Provide trim at rakes, including peak and corner assemblies, high and low eaves, corners, bases, framed openings and as required or specified to provide weathertightness and a finished appearance. G. Plastic Parts: Glass fiber reinforced resin or thermoformed ABS (Acrylonitrile- Butidene-Styrene). 1. ABS: Minimum 1/8 inch (3 mm) thick. 8 2. Color: Manufacturer's standard color. H. Sealants, Mastics and Closures: Manufacturer's standard type. 1. Provide at roof panel endlaps, sidelaps, rake, eave, transitions and accessories as required to provide a weather resistant roof system; use tape mastic or gunnable sealant at sidelaps and endlaps. 2. Provide at wall panel rakes, eaves, transitions and accessories. 3. Closures: Formed to match panel profiles; closed cell elastic material, manufacturer's standard color. 4. Tape Mastic: Pre-formed butyl rubber-based, non-hardening, non-corrosive to metal; white or light gray. 5. Gunnable Sealant: Non-skinning synthetic elastomer based material; gray or bronze. I. Blanket Insulation: Walls = WMP VR-R 3" Roof= WR 10 with Solar Guard 3.4 WALL ACCESSORIES A. Service Doors: 1. Doors for Cylindrical Locks: SDI 100, Type 1, Style 2 (1-3/4 inches (44 mm) thick minimum 20 gage (0.91 mm) steel face sheets). 2. Type: Full flush. 3. Frames: SDI 100, modified drywall type, 4-3/4 inches (120 mm)jamb depth minimum 16 gage (1.52 mm) steel; self-framing and self-flashing. 4. Hardware Reinforcements: Comply with SDI 100; locate so that door and frame are non-handed. 5. Finish: Two coat baked on paint on all exposed surfaces, apply after cleaning and chemical treatment for corrosion resistance and paint adhesion; manufacturer's standard bronze color. 6. Weatherstripping: At jambs, head and sill, complying with water and air resistance requirements of SDI 115 and SDI 116. 7. Hardware: 8. One key in-knob cylindrical lockset per opening. 9. One mullion and one pair surface bolts per double door opening. 10. Three full mortise hinges per leaf, one with non-removable pin. a. Size: As indicated on drawings. b. Single Door Size: 3 by 7 feet (915 by 2135 mm). B. Wall Openings: Cold-formed sheet metal framing concealed with manufacturer's standard bronze trim. 3.5 ROOF ACCESSORIES A. Eave Gutters: Roll-formed 26 gage (0.45 mm) steel sheet, with gutter straps, fasteners and joint sealant; manufacturer's standard bronze color. 1. Downspouts: 4 x 5 inches (100 by 125 mm) in 10 foot (3050 mm) lengths, with downspout elbows and downspout straps; same color as wall panels. 9 B. Translucent Roof Panels (12 required): Tuf-Lite; UV stabilized thermosetting polyester resin reinforced with chopped and woven roving glass fiber; manufacturer's standard configuration. 1. Color: White, with textured exterior surface and minimum 50 percent light transmittance. 2. Self-Ignition Temperature: 650 deg F (343 deg C) or greater, when tested in accordance with ASTM D 1929. 3. Smoke Density Index: 450 or less, when tested in accordance with ASTM E 84, or 75 or less, when tested in accordance with ASTM D 2843. 4. Extent of Burning: 1 inch (25.4 mm) or less, when tested in accordance with ASTM D 635. 5. Rate of Burning: 2.5 inches (64 mm) per minute or less, when tested in accordance with ASTM D 635. 6. Condensation Control Pan: Bonded to interior surface. C. Ridge Ventilators (2): 10 feet (3050 mm) long, 26 gage (0.45 mm) Galvalume, with damper with chain and worm gear operator and bird screen, and base configured to match roof panel. 1. Throat Opening: 9 inches (229 mm). 2. Throat Opening: 12 inches (305 mm). 3. Connect individual vents to form continuous ridge vent with one operator for each 5 vents. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that foundations are installed correctly. B. Verify that anchor bolts are installed as indicated on anchor bolt shop drawings. 3.2 ERECTION A. Erect pre-engineered building in accordance manufacturer's instructions, erection drawings, and other erection documents. B. Provide temporary bracing, shoring, blocking, bridging and securing of components as required during the erection process. END OF SECTION 10 BASIC ELEMENTS OF A BUILDING , N ____ ., , ..,,,. .______ . --, %., -441 0 z,•000 . lk N% a \ e s Anchor Bolts Bolts utilized to secure building components to the foundation. In the case of primary framing, these bolts are embedded in the foundation and secured to the column base plate. Bay Spacing The distance between primary framing members measured parallel to the ridge or eave. Interior bays are measured from center line of frame to center line of frame. Exterior Bays Last frame spacing on either end of the building are measured from the building line (outside face of girt) to the center line of the first interior frame. Clear Height Distance from the finished floor to the bottom of the rafter at the rafter-to-column connection. Clear Span Distance between columns. Column Vertical support member for primary framing system. Continuous Beam Frame A multiple-span structural frame consisting of straight or tapered solid-web sections whose 11 exterior rafter-to-column moment connection stabilizes the frame. The frame spans across the width of the building utilizing interior columns and supporting secondary framing along with roof and wall coverings. This frame is designed in accordance with AISC Type I construction. Corner Post Corner column of post-and-beam frame. Eave Height The vertical dimension from finished floor to eave. Eave Purlin A roof secondary framing member located at the eave used for attachment of roof and wall panels. End post Spacing Distance between center lines of end posts. Endwall An exterior wall which is perpendicular to the ridge and parallel to the gable of the building. Haunch The area of increased depth of the column or rafter member which is designed to account for the higher bending moments that occur at such places. Typically this occurs at the rafter-to- column connection. Post-and-Beam End-frame A structural framing system utilized at the endwall which is composed of corner post, end post and rake beams. Rafter A fabricated member, with parallel flanges, that extends from the haunch member to the frame ridge. Any beam, in general, used in a primary frame. Ridge Apex of building. Rigid Frame A clear-span structural frame consisting of straight or tapered sections whose rafter-to- column connection stabilizes the frame with respect to imposed loads. This frame is designed in accordance with AISC Type I construction. Rod Bracing Rods are utilized in conjunction with purlins and girls to form a truss-type bracing system located in both roof and wall planes. Roof Purlin A roof secondary member which is secured to frame rafters and supports the roof covering. Roof System The exterior roof surface consisting of panels, closures and attachments. Sidewall An exterior wall which is parallel to the ridge and sidewall of the building. Wall Girt A horizontal wall secondary member which is secured to columns and supports the wall covering. Wall System The exterior wall surface consisting of panels, closures and attachments. 12 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM December 6 2005 Engineering Council Meeting Of: Originating Department: Prepared By: Chris Ho]sted Account Code No. #: Date Prepared: November 29 2005 Budgeted Amount: Exhibits: Additional Funding Request AGENDA SUBJECT: Consider and act upon authorizing additional funds in the amount of $79,591.03 for the completion of the Muddy Creek Interceptor System. RECOMMENDED ACTION: Approval. SUMMARY: On May 25, 2004, Council approved the Muddy Creek Wastewater Interceptor System Contract with the North Texas Municipal Water District. (NTMWD). The project is complete and is transferring flow to the Muddy Creek Regional WWTP. Also, the Century Business Park lift station has been abandoned as a result of these improvements. NTMWD is requesting additional funding in the amount of $130,477.10 for quantity adjustments and for additional work involved with changes in the alignment of the sewer line. The contract specifies a cost-share percentage of 61% for Wylie and 39% for Murphy, for a City of Wylie commitment of$79,591.03. The project is included in the City's 10-year capital improvements plan; therefore, funding is available from the sewer impact fee fund. NTMWD previously reimbursed the City $1,168,304 for cost incurred in the project prior to the contract approval. The current balance of the sewer impact fee fund is approximately $5,583,000. APPROVED BY: Initial Date Department Director: CH \ 11/29/05 City Manager: \ 1 • 1 rMJ NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity November 16, 2005 Mr. Mark Roath City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: MCISCF 04-1 Muddy Creek Interceptor System Dear Mr. Roath: The purpose of this letter is to request additional financing from the City of Wylie in order to provide the funding required for completion of the Muddy Creek Interceptor System construction project. In May 2004, the NTMWD Board of Directors authorized the execution of the Muddy Creek Interceptor System contract with the cities of Wylie and Murphy. The city's financial responsibility for this project is based on percentage of flow into the system. The percentage breakdown per contract is Wylie - 61% and Murphy - 39%. This interceptor system transports wastewater flow from the cities to the Muddy Creek Regional Wastewater Treatment Plant (WWTP). The interceptor system construction contract was awarded to Moss Construction Company at the July 2004 Board meeting at a cost of$1,880,480.50. The interceptor system is now complete and in service. During the course of construction, field conditions were encountered that differed from those shown on the plans. These conditions necessitated redesign of some portions of the pipeline, increased lengths of pipe installed, and extra work that the contractor could not have originally anticipated. These changes resulted in increased cost to the project. For each change, the NTMWD requested an extra cost proposal from the contractor. The extra cost breakdown has been reviewed by the NTMWD Engineering staff and the project consulting engineer, TRC (Hogan). The submitted costs appear fair and reasonable for the work involved, and an administrative memorandum has been prepared with a recommendation for approval to the NTMWD Board of Directors at the November 22, 2005 Board meeting. 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 Mr. Mark Roath November 16, 2005 Page 2 of 5 NTMWD's Board of Directors had previously approved Change Order No. 1 to the project for an increase of $97,551. In October 2004, a change order was recommended for payment for the extra work involved with changes in the alignment and the extra cost involved with increasing the thickness of steel encasement pipe as required by KCS Railways. Funds were available from the original bond issue for this project for payment to the contractor. Proposed Change Order No. 2 and Adjustment to Quantities will be presented to the Board at the November Board meeting. Below is an itemized list of changes with brief descriptions. 1. Conflict with 8" Pipe — The project plans detailed new piping, manholes and a splitter box to be constructed on the existing Wylie WWTP site. These facilities allow flow to be directed either into the existing plant or into the interceptor for transfer to the Muddy Creek WWTP. The plans, however, did not correctly show an existing 8-inch sewer pipe that brought flow to the Wylie WWTP from the industrial park. When the contractor reached the area to connect the new 24-inch to the new splitter box, the existing 8-inch line was in direct conflict with the proposed 24-inch. The contractor had to cut the existing 8-inch line and bypass the flow to allow for the installation of the 24-inch. The operation to temporarily remove and reinstall the 8-inch took three days and two nights to complete. The contractor has requested $12,800 for this work. 2. Imported Soil for Backfill - On one portion of the northwest segment of the pipeline, the property had been used as a disposal site for concrete debris. There were many large pieces of concrete lying on the ground and in piles. This debris did not pose a problem until the contractor began excavating the trench for the pipe. The property had been filled with large pieces of concrete and other construction debris. The excavated soil was not suitable for use as backfill so the contractor imported material from other sections of the project to be used as backfill. In addition, it was necessary for the contractor to purchase an additional 350 C.Y. at $10/C.Y. of fill. The total cost for the purchased fill was $3,500. 3. Haul Off Unacceptable Material - This extra work item is to haul off the material excavated as discussed above in Item No. 2. This includes 30 loads of material hauled offsite, three trucks and drivers, and one loader and operator. The contractor proposed a cost of$7,500 for this extra work. 4. Temporary Fencing - A portion of the pipeline crosses through the property of Carlisle Industries. Carlisle Industries requested, by letter, that temporary security fencing be installed to protect the property. Hazardous materials are used at the facility and the owner wanted their site secured at all times. The specifications require the contractor to install temporary fencing to protect their work site or to contain livestock, but there was no specific requirement for a security fence at this location. The fencing is 6-foot security chain link, 682 L.F. The unit price is $10/L.F. installed and then removed. The total cost requested for the additional security fence is $6,823. 5. Revised 36-inch Alignment - After completion of the project design, a 12-inch water line, warehouse facility, and fire suppression system were constructed on Mr. Mark Roath November 16, 2005 Page 3 of 5 the Carlisle Industries property in the vicinity of the proposed location of the 36- inch sanitary sewer. The fire system includes several valves and fire hydrants. In order to install the pipe as shown in the plans, a large portion of concrete paving that was also constructed after the pipeline plans were completed, would have to be removed and replaced and the fire suppression system would have to be taken out of service. The facility indicated that the system could not be disrupted. A revised alignment was developed that would add 121 L.F. of 36-inch sanitary sewer, 1 manhole, 2 manhole cores, and extend the existing 6-inch services to the property. The contractor proposed a cost of$21,424.10 for this extra work. 6. Coordination Issues with Alanis Drive Construction — The northwest segment of the project included installation of piping that allows an existing Wylie lift station (Muddy Creek Lift Station) to be taken out of service. As the contractor was working on the northwest segment, a City of Wylie contract for the construction on the Alanis Drive extension began. Part of this contract included construction of a retaining wall along one side of the creek across from the Muddy Creek Lift Station. The retaining wall crossed over the alignment of the interceptor sewer in this location. In order to provide protection of the retaining wall in the event of future maintenance requirements on the pipeline at this location, it was recommended that this section of pipeline be installed in casing pipe. The proposed unit cost for this work is $700/L.F. The contract unit price for the required 54-inch bore was $637/L.F. The increased cost is based on the fact that this bore was not included in the original documents therefore making it necessary for the boring subcontractor to remobilize long after he had completed the other contract bores. The contract unit price is based on extending a bore already shown in the plans. The total cost requested for this bore is $35,000. 7. 18-inch Tie-In - The Muddy Creek Interceptor System provides facilities that allow for the transfer of flow from the Cities of Wylie and Murphy to the Muddy Creek WWTP. The pipeline also allows for the City of Wylie's existing Muddy Creek Lift Station to be taken out of service. The project required the contractor to complete the northwest segment first, allowing for flow to be diverted from the existing Wylie WWTP to the new Muddy Creek WWTP. The remaining work would allow for the Muddy Creek Lift Station to be taken out of service and flow from Murphy and the western portion of Wylie to flow by gravity to the Muddy Creek WWTP. During the course of construction, the NTMWD staff reviewed the schedule for completion of the northwest segment and developed a plan to expedite this work. These revisions reduced operating costs associated with the lift station and allowed for transfer of flow from Murphy to the new wastewater treatment plant. The contractor submitted a cost of $7,350 to complete the proposed revisions to the pipeline. 8. Gas Line Conflict - During construction of the northwest segment of pipeline, it was discovered that the elevation of an existing Atmos Energy (Atmos) gas line shown in the plans was incorrect. The sewer line as shown in the plans would be within 6-inches of the gas line. Atmos requires a minimum of 18-inches clearance between lines. Atmos was asked for a cost proposal to relocate the gas Mr. Mark Roath November 16, 2005 Page 4 of 5 line. Atmos proposed a cost of $60,000, however, they indicated that the price was not a firm price, and NTMWD would be billed for the actual cost of the installation upon completion of the work. Additionally, it would take several weeks for Atmos to schedule and complete the work, which would result in a delay to the completion of the interceptor. NTMWD requested a cost from the contractor to lower the grade of the new sewer line to obtain the required 18- inches of clearance. This required the addition of appurtenances and hand digging around the gas line as required by Atmos. The contractor has proposed a cost of$29,950 for this extra work. 9. Additional Inspection — The above-mentioned conflicts caused the construction progress to be delayed beyond the Contract Final Completion date. This necessitated a longer period of time that NTMWD's inspector was on this project. The additional cost of inspection is $2,590. 10. Adjustment to Quantities — An itemized list of adjustments is shown in the following table: Bid Orig. Inst. Diff. Unit Diff. Item Description Unit Qty. Qty. Qty. Price Price 6 Installing vent for MH EA 3 2.35 (0.65) 1,100.00 (720.00) 18 Installing vent for MH EA 2 1.56 (0.44) 1,100.00 (480.00) 19 Cut&plug existing SS EA 7 10.00 3.00 1,900.00 5,700.00 39 Installing vent for MH EA 2 1.56 (0.44) 1,100.00 (480.00) 54 Installing vent for MH EA 2 1.56 (0.44) 1,100.00 (480.00) Total adjustments to contract quantities(increase) $3,540.00 The following table is a summary of the additional costs to the project: ITEM DESCRIPTION TOTAL COST($) 1 Conflict with existing 8" pipe 12,800.00 2 Imported soil for backfill 3,500.00 3 Haul off unacceptable material 7,500.00 4 Temporary fencing 6,823.00 5 Revised 36-inch alignment 21,424.10 6 Coordination w/city construction contract 35,000.00 7 18-inch tie-in 7,350.00 8 Gas line conflict 29,950.00 9 Inspection 2,590.00 10 Adjustment to quantities _ 3,540.00 TOTAL $130,477.10 The total additional cost based on the changes required to the project totals $130,477.10. Based on the cost percentage established by the Muddy Creek Interceptor System project, (i.e., Wylie— 61%, Murphy—39%), the additional funding required for completion of the project is as follows: City of Wylie - $79,591.03, City of Murphy - $50,886.07. Mr. Mark Roath November 16, 2005 Page 5 of 5 Attached to this letter is an invoice in the amount of $79,591.03, which is the City of . Wylie's share of funds needed to complete the Muddy Creek Interceptor System project. If you have any questions please call Mr. David Hartless, Engineering Officer at (972) 442-5405. Sincerely, 4`)` 1J1)` 1)/L' JAMES M. PARKS, P.E. Executive Director JMP:JMS:vh NORTH TEXAS MUNICIPAL WATER DISTRICT P.O. BOX 2408 •WYLIE,TEXAS 75098 • (972)442-5405 M, ! INVOICE NO. REGIONAL SERVICE THROUGH UNITY 06-040 • CITY OF WYLIE DATE • CITY MANAGER MARK ROATH NOVEMBER 17,2005 • 2000 HWY 78 NORTH REFERENCE • WYLIE,TX 75098 MCISCF 04-1 MUDDY CREEK INTERCEPTOR SYSTEM ADDITIONAL FUNDING $ 79,591.03 TOTAL DUE $ 79,591.03 CITY OF WYLIE Item No. J City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: Support Services Prepared By: Mindy Manson Account Code No. #: Date Prepared: December 1, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon Resolution No. 2005-35(R) amending Resolution No. 2005-8(R), recommending the abandonment of right-of-way by TxDOT along SH 78 at the intersection with Birmingham Avenue. RECOMMENDED ACTION: Approval SUMMARY: In January 2005 the City Council approved Resolution 2005-08(R) recommending the abandonment of excess right-of-way on S.H. 78 near the intersection with Birmingham Avenue. The City had secured Federal Demonstration Funds in 1998 for multiple projects along SH 78 which included the construction of a pedestrian bridge at the intersection with Birmingham Avenue. As a result, an additional 50' of right of way was secured by TxDOT on SH 78 at that location. The adjacent property owners requested that this right of way be abandoned allowing for redevelopment of the properties and access to SH 78. The original resolution requested that the property be transferred to Collin County which would enable the property to be sold to the owners of the adjacent private property. Since that time, the owner of the adjacent private property has acquired Collin County's portion of the abandoned railroad right-of-way, and TxDOT has requested that more specific language be included in the Resolution. Specifically, Resolution No. 2005-35(R) now eliminates the reference to Collin County and adds the following language: "The City Council relinquishes its first right of purchase and recommends conveyance of the excess right-of-way to the adjacent property owner" APPROVED BY: Initial Date Department Director: MM \ 12/1/05 City Manager: \ 1 RESOLUTION NO. 2005-35(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING RESOLUTION 2005-08 TO RECOMMEND THE ABANDONMENT OF EXCESS RIGHT-OF-WAY ON S.H. 78 AT THE INTERSECTION OF BIRMINGHAM AVENUE. WHEREAS, S.H. 78 serves as a regional intermodal connector in southeast Collin County between Interstate 30, U.S. 75, F.M. 205 and S.H. 190; and WHEREAS, the reconstruction of S.H. 78, which travels through the heart of the community, will have significant and long term impacts on the mobility, economic viability, land use, and development standards throughout Wylie, including the areas surrounding the historic downtown; and WHEREAS, the relocation of the Kansas City Southern rail line adjacent to S.H. 78 and the transfer of the right-of-way to TxDOT and Collin County made it possible to redevelop property along S.H. 78, and WHEREAS, the City secured Federal Demonstration Funds in the amount of $275,000 for the construction of a pedestrian crossing at S.H. 78 and Birmingham Avenue; and WHEREAS,the City finds that the pedestrian bridge is no longer necessary; and WHEREAS, the City previously adopted Resolution No. 2005-08(R) and now wishes to repeal said resolution due to a change in ownership of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends that the 50-feet of right-of-way necessary for the construction of the pedestrian bridge be abandoned by TxDOT; and SECTION 2: The City Council relinquishes its first right of purchase and recommends conveyance of the excess right-of-way to the adjacent property owner; SECTION 3: The City Council requests the construction funds for the pedestrian bridge be used for the remaining federal demonstration projects. SECTION 4: Resolution No. 2005-08(R) is hereby repealed in its entirety, such repeal to be effective upon the effective date of this Resolution. SECTION 5: This Resolution shall take effect immediately upon its passage. Resolution#2005-35(R) Abandoning ROW,at the intersection of SH 78 and Birmingham Avenue Page 1 of 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 6th day of December, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution#2005-35(R) Abandoning ROW,at the intersection of SH 78 and Birmingham Avenue Page 2 of 2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM December 6 2005 Council Meeting Of: Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: November 28, 2005 Budgeted Amount: Exhibits: AGENDA SUBJECT: Consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) District for mixed uses, including retail and residential of varied densities. ZC 2005-19. Discussion was tabled by Planning and Zoning Commission at the October 18 meeting for December 6, 2005. RECOMMENDED ACTION: The Planning and Zoning Commission will consider this item on December 6, 2005. SUMMARY: The applicant requested to table this item until the December 6, 2005 Planning and Zoning meeting to allow time to revisit larger lot sizes. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then table the item to the January 10, 2006 Council meeting. APPROVED BY: Initial Date Department Director: MM \ 11/28/05 City Manager: \ 1 CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: City Manager Prepared By: Mark Witter Account Code No. #: Date Prepared: November 29, 2005 Budgeted Amount: Exhibits: New City Logo AGENDA SUBJECT: Consider and act upon the approval of Resolution 2005-36(R) establishing a new official City logo. RECOMMENDED ACTION: Approve the recommended resolution to establish a new official City logo. SUMMARY: In early 2005, the Public Information Officer (PIO) began a project with Briley & Stables Creative to re-create the City logo and various departmental logos. This project, funded in the FY 2004-05 Budget, was initiated due to the lack of original vector files for the City and departmental logos. For these logos, there were also no defined colors and fonts. On a voluntary basis and at no additional cost, Briley & Stables Creative presented the PIO with some variations of the City logo. The PIO presented these variations to the City's Communications Committee for discussion and consideration. The Committee endorsed the variation in Exhibit"A" for the following reasons: 1) Places a greater emphasis on the "City of Wylie" than current logo without losing impact of the "W"; and 2) Incorporates the"W" and"City of Wylie" in a clean, professional look. The logo variations were also presented at a City Directors' meeting with a consensus supporting of the variation in Exhibit"A". If approved, City staff will proceed to register the new City logo as a trademark. APPROVED BY: Initial Date Department Director: MW \ 11/29/05 City Manager: \ 1 RESOLUTION NO. 2005-36(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,ESTABLISHING A NEW OFFICIAL CITY LOGO; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,a City's logo identifies that municipality in everything it presents to the public and, in effect, becomes the City's identity; and WHEREAS, such a logo is used in a wide variety of ways by the City and City Departments, from collateral to vehicles; and WHEREAS, the design of the new City logo, with color and font specifics, is attached hereto as Exhibit"A"; and WHEREAS, City staff will proceed to register the new City logo as a trademark; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby adopts the logo graphic attached as Exhibit"A" as the City of Wylie's official logo and primary logo for all City departments. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 6th day of December 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2005-36(R) Establishing New City Logo A i i . . a„. . ._ _ . - Ill. I . i 4. .,' _ a .•• ii if 4. 1 ii - iirt r I : TI_ ESN antone 653 cyan 2 ma e to 0 yellow 20 black 10 red 49 green 122 blue CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM December 6, 2005 City Secretary Council Meeting Of: Originating Department: Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: November 29 2005 Budgeted Amount: N/A Exhibits: Bylaws AGENDA SUBJECT: Consider and act upon Resolution No. 2005-37(R) of the City Council of the City of Wylie, Collin County, Texas, amending Resolution 95-01 and the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995. RECOMMENDED ACTION: Approval of bylaw revisions SUMMARY: Resolution No. 95-01 established the Wylie Parks and Recreation Facilities Development Corporation for the City of Wylie. Staff has reviewed the Resolution adopted in 1995 and found some revisions necessary due to changes in the Open Meetings laws and subsequent posting requirements. Changes were also made to Article V, regulating resignations and indemnification of Directors, Officers and Employees. Attached is a copy of the bylaw revisions and a red line copy showing said revisions. This resolution has been reviewed by Julie Fort, City Attorney. Accordingly, staff is requesting Council review, accept, and approve Resolution No. 2005-37(R) as presented. There are no financial considerations. APPROVED BY: Initial Date Department Director: CE \ 12/1/05 City Manager: \ 1 RESOLUTION NO. 2005-37(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION 95-01 AND THE BYLAWS OF THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS ADOPTED JANUARY 23, 1995. WHEREAS, the City Council has previously authorized the creation of the Wylie Parks and Recreation Facilities Development Corporation under the authority of Section 4B Art. 5190.6 Vernon's Annotated Civil Statutes (the Act); and, WHEREAS, pursuant to such authority, the Wylie Parks and Recreation Facilities Development Corporation was duly incorporated by virtue of having Articles of Incorporation filed with the Secretary of State's Office on the 17th day of June, 1994; and, WHEREAS, a set of these Bylaws, phrepared in accordance with the Act, was approved by the Wylie City Council on the 13t day of September, 1994; and, WHEREAS,it is deemed necessary to make amendments to these Bylaws, NOW, THEREFORE BE IT RESOLVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation be amended in the precise form and text as set forth in Attachment A, attached hereto and incorporated for all purposes, pursuant to Section 13 of Article 5190.6 of Vernon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that the Wylie Parks and Recreation Facilities Development Corporation will adopt such amendments approved by the Wylie City Council at their next Regular Meeting pursuant to Article Ten (b) and (c) of the Articles of Incorporation. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 6th day of December, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 1 of 6 AMENDMENTS TO BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION The following Sections of the Bylaws of Wylie Park and Recreation Facilities Development Corporation adopted by Resolution 95-01 are amended as set forth below: Article II — Board of Directors, Section 1 — Powers, Numbers and Term of Office, Subsections (b) and (c) are amended to read as follows: (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council") of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place" and collectively, the "Places") as designated herein. Places 1-4 are designated for the City Councilmember Directors and Places 5-7 are designated for Citizen Board members, of which at least one of the members will be appointed from the Park Board. These appointments will be classified as citizen member directors. (c) Each member of the Board shall be appointed by the City Council for a two (2) year term. Any vacancy occurring before a term is completed shall be filled by appointment by the City Council as set forth in the Articles of Incorporation. All directors shall have the qualifications set forth herein and in the Articles of Incorporation. Article II — Board of Directors, Section 3 — Notice of Meetings is amended to read as follows: Section 3. Notice of Meetings. To the extent that the Open Meetings Act conflicts with the provisions of this section, the Open Meetings Act shall govern. (a) Regular meetings and Special meetings of the Board shall be held, following written notice to the Directors by the City Secretary, at such times and places as shall be designated from time to time by the Board. Written notice to each Director may be provided by first class mail, electronic mail or hand delivery and shall be considered provided on the day it is sent and the written notice shall be sent on or before the date the notice of the meeting is posted at City Hall in accordance with the Open Meetings Act. Special Meetings of the Board shall be held whenever called by the Chair of the Board, by a majority of the directors, by the Mayor of the City, or by a majority of the City Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 4 hereafter. (b) The City Secretary shall give notice to each director of each Special Meeting in person, by mail, by electronic mail, or telephone, at least seventy two (72) hours before the meeting, unless deemed an emergency meeting by Section 551.045 of the Open Meetings Act. Such notice shall be considered provided on the day it is sent or on the day it is verbally conveyed or on the day a voice message is left with the notice information. Unless otherwise indicated in the notice thereof, any and all matters Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 2 of 6 pertaining to the purposes of the Corporation may be considered as acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation or said notice shall be deemed sufficient if sent by electronic mail to the person entitled thereto at his or her electronic mail address as it appears on the books of the Corporation. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Article II— Board of Directors, Section 4 — Open Meetings Act is amended to read as follows: Section 4. Open Meetings Act. Notwithstanding anything contained herein to the contrary, all meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Texas Government Code (Vernon's) Chapter 551, as amended (herein referred to as the "Open Meetings Act"). Article II— Board of Directors, Section 9 — Powers and Duties of the Chairman and Vice Chairman of the Board is added to read as follows: Section 9. Powers and Duties of the Chairman and Vice Chairman of the Board. The Chairman of the Board (the "Chair") shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board as set forth herein, to call a special meeting of the Board when in his or her judgment such a meeting is required. (d) Shall have the authority to appoint, with Board approval, standing committees to aid and assist in its business undertakings or other matters incidental to the operations and functions of the Board. Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 3 of 6 (e) Shall have the authority to appoint, with Board approval, ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the Chair shall perform all duties incidental to the office, and such other duties as shall be prescribed from time to time by the Board. The Vice Chair shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the Chair of the Board during that officer's absence or inability to act. Any action taken by the Vice Chair in the performance of the duties of the Chair of the Board shall be conclusive evidence of the Chair's absence or inability to act as Chair at the time such action was taken. Article III — Officers, Section 1 — Titles and Terms of Office and Section 3 — Vice President is amended to read as follows: Section 1. Titles and Terms of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of office shall be two (2) years, with the right of an officer to be reappointed. (b) All officers shall be elected by and be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the entire Board. (d) All officers shall be subject to removal from office at any time by a vote of the majority of the City Council. Section 3. Vice President. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the Vice President in performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. The Assistant City Manager shall be the Vice President. Article IV — Functional Corporate Duties and Requirements, Section 1 — Facilities Capital Improvement Plan and Section 2 — Multi-Year Financial Plan are hereby amended to read as follows: Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 4 of 6 Section 1. Facilities Capital Improvement Plan. (a) It shall be the duty and obligation of the Board to finance and implement the Facilities Capital Improvement Plan as adopted by the Wylie City Council. (b) In carrying out its obligations under Section (a), the Corporation shall be authorized to exercise all rights and powers granted under the Act, including, but not limited to Section 4B thereof. (c) The President shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the "Plan'). Prior to the beginning of the Fiscal Year, the President will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to or contemporaneously with the adoption of the Corporation's fiscal budget. Article V — Miscellaneous Provisions, Section 4 — Resignations and Section 7 — Indemnification of Directors, Officers and Employees are hereby amended to read as follows: Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be tendered in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Any director no longer serving in the capacity for which he was appointed will be deemed resigned and a qualified replacement will be appointed by the City Council. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, as it exists or may be amended), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 5 of 6 attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. Adopted this 6th day of December, 2005. Chairman of the Board Print Name: John Mondy Attest: Secretary of the Corporation Print Name: Carole Ehrlich APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE BY RESOLUTION NUMBER 2005-37(R) ON THE 6th DAY OF DECEMBER, 2005. Mayor of the City of Wylie, Texas Print Name: John Mondy Attest: City Secretary Print Name: Carole Ehrlich Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 6 of 6 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: November 25, 2005 Budgeted Amount: Exhibits: Three AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-76(R) adopting a Clean Fleet Vehicle Policy; providing for the repeal of all ordinances in conflict; providing for a severability clause; and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: On October 13, 2005, the Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) passed a Clean Fleet Vehicle Policy Resolution as well as a Model Ordinance for local government entities to consider and adopt. The Model Ordinance is voluntary; however, RTC funding incentives and procurement assistance is tied to its adoption by local governments. APPROVED BY: Initial Date Department Director: A City Manager: MBR \ 11/25/05 1 ORDINANCE NO. 2005-76 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ADOPTING A CLEAN FLEET VEHICLE POLICY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and WHEREAS, the Regional Transportation Council supports the adoption and implementation of a Clean Fleet Vehicle Policy by Resolution R05-07, which was adopted on October 13, 2005, and WHEREAS, the Dallas-Fort Worth area is a federally designated non-attainment area for the pollutant ozone and air quality, which impacts the public health of the entire region; and WHEREAS, the Regional Transportation Council is responsible for air quality conformity including the Clean Air Act Amendments of 1990 that require that, in air quality non- attainment areas, transportation plans and improvement programs conform to the applicable air quality implementation plan; and WHEREAS, the City of Wylie wants to set achievable goals and provide workable, cost effective solutions to improve the Dallas-Fort Worth Metropolitan Area air, and implement those measures practicable to improve air quality. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Acquisition. 1.1 Vehicle acquisitions for fleet expansion or replacement of model year 2004 or newer shall be the newest model year or engine standard only. 1.2 Vehicle acquisitions to replace model year 2003 or older vehicles must show at least a 25% reduction in Nitrogen Oxides (NOx) emissions rate compared to the vehicle being replaced. (Waivers are possible when new technologies or achievements of the required emission reduction are not possible.) 1.3 Aftermarket technologies and conversions are acceptable for fleet expansion and fleet replacements. Ordinance No. 2005-76 Adoption of Clean Fleet Vehicle Policy Page 1 of 3 1.3.1 Aftermarket technologies and conversions must be Environment Protection Agency (EPA) and/or CARB verified or certified or technology equivalent or better, as determined by the North Central Texas Council of Governments (NCTCOG) staff. 1.3.2 Conversions must comply with the provisions of EPA Memorandum lA and Addendum Revision (June 25, 1974 and June 1, 1998). Section 2. Operations. 2.1 Vehicle idling is allowed for safety, emergency response, vehicle maintenance, equipment activity, warm-up/ operations in cold temperature, and manufacturer recommended minimum idle/warm- up times. 2.2 Vehicles with the lowest NOx emissions that are capable of performing the requested operational demands will drive the most miles. 2.3 Fleet manager will abide by the latest refueling time/season guidance published by NCTCOG Air Quality Planning. 2.4 Non-emergency vehicles will drive no more than the posted speed limit and avoid rapid acceleration. 2.5 Subject to the City Council budgetary approval, all drivers will be trained on air quality appropriate operational requirements. Section 3. Maintenance. 3.1 Perform annual emission and safety inspections for all vehicles, including vehicles with no state mandated inspection requirement. 3.2 All vehicles with over 100,000 miles must have emissions inspections every 25,000 miles thereafter. 3.3 Perform manufacturer's recommended maintenance. 3.4 Mandatory participation in any diesel or other Texas Commission on Environmental Quality or NCTCOG inspection/maintenance program, including applicable test or pilot programs. Ordinance No. 2005-76 Adoption of Clean Fleet Vehicle Policy Page 2 of 3 Section 4. Compliance Verification. 4.1 The City of Wylie will provide NCTCOG with an annual electronic update of fleet size and activity in a format established by NCTCOG. 4.2 The City of Wylie acknowledges that entities not adopting and complying with the Clean Fleet Vehicle Policy and/or reporting requirements will not be eligible for future clean vehicle funding and RTC may assess City compliance when considering other RTC funding actions. Section 5. That all ordinances of the City in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. Should any paragraph, sentence, subdivision, clause, phase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the whole. Section 7. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 8. This ordinance shall be in effect immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 6th day of December, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No. 2005-76 Adoption of Clean Fleet Vehicle Policy Page 3 of 3 North Central Texas Council Of Governments . TO: Honorable Mayors and County Judges DATE: October 20, 2005 City Managers, County Commissioners and Administrators Independent School District Superintendents and Board Presidents Regional Transportation Council Surface Transportation Technical Committee Special Districts FROM: Tamara Hollowell Transportation Planner SUBJECT: North Central Texas Council of Governments Clean Fleet Vehicle Policy and Model Ordinance Government public activity fleets may soon be eligible for funding assistance through the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council Clean Fleet Vehicle Program. On October 13, 2005, the Regional Transportation Council (RTC) took action on a Clean Fleet Vehicle Policy Resolution and Model Ordinance for government entities to adopt. Adoption of this model ordinance will be voluntary, but funding incentives and procurement assistance will be tied to the adoption of the model ordinance. Because of the diversity of public activity fleets, the Regional Transportation Council encourages government entities to integrate the Clean Fleet Vehicle Model Ordinance as appropriate into their specific circumstances. Please review the model ordinance and coordinate adjustments to the ordinance with NCTCOG staff. This comprehensive policy covers ways fleets can have an air quality conscious fleet through vehicle acquisitions, maintenance, operations, and compliance verification. Information on this policy and the technologies and fuels that are supported within the model ordinance can be found at http://www.nctcoq.orq/cleanvehicles. Furthermore, NCTCOG will be hosting workshops, meetings, and clean vehicle fairs to take the model ordinance, vehicle technology and fuel information out to impacted fleets in the region. A copy of the signed RTC Clean Fleet Vehicle Policy Resolution and Clean Fleet Vehicle Model Ordinance is attached for your review and adoption consideration. Compliance and verification procedures pertaining to the adoption of the policy will be in place no later than Friday, November 11, 2005, and can be found along with additional Clean Fleet Vehicle Policy and Clean Vehicles information at www.nctcoq.orq/cleanvehicles. Please let us know if you would like to be contacted for Clean Fleet Vehicle Model Ordinance events. If you have questions about the Clean Fleet Vehicle Policy, please contact me at (817) 608-2395 or thollowell @ nctcoq.orq. ja1140.,tik- Ag-eAaCtit320 Tamara Hollowell TH:bw Attachments cc: 2005-2006 UPWP Element 6.10 Project File 616 Six Flags Drive,Centerpoint Two P.O. Box 5888,Arlington,Texas 76005-5888 (817)640-3300 FAX:817-640-7806 ®recycled paper www.nctcog.org RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCIL CLEAN FLEET VEHICLE POLICY R05-07 WHEREAS, the North Central Texas Council of Governments has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and, WHEREAS, the Regional Transportation Council is responsible for air quality conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas transportation plans and improvement programs conform to the applicable air quality implementation plan; and, WHEREAS, public activity fleet means government fleets and fleets contracted by governments, which includes transit agencies, school districts, special districts, counties, municipalities, and State and federal agencies, and, WHEREAS, the Regional Transportation Council approved the creation of a Clean Fleet Vehicle Policy on March 11, 2004. NOW,THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Regional Transportation Council endorses the Clean Fleet Vehicle Model Ordinance and recommends government entities in the nonattainment area adopt an ordinance consistent with the Clean Fleet Vehicle Model Ordinance shown in Attachment 1. Section 2. The Regional Transportation Council reserves all future vehicle funding for government entities that adopt and comply with an ordinance consistent with the Clean Fleet Vehicle Model Ordinance as shown in Attachment 1. This includes transit funds of all types, Congestion Mitigation and Air Quality Improvement Program funds, Surface Transportation Program-Metropolitan Mobility funds, other federal, State and local funds distributed at the discretion of the Regional Transportation Council, and support for third party funding opportunities. Section 3. The Regional Transportation Council authorizes staff to investigate and develop a Cooperative Purchasing Program to be administered by the •North Central Texas Council of Governments or its designee. Participation in the Cooperative Purchasing Program is reserved for public activity fleets operating under an ordinance consistent with the Clean Fleet Vehicle Model Ordinance as shown in Attachment 1. Section 4. The Regional Transportation Council may consider compliance with this resolution when considering other Regional Transportation Council future funding actions. Section 5. Because of the diversity of public activity fleets, the Regional Transportation Council encourages government entities to integrate the Clean Fleet Vehicle Model Ordinance as appropriate into their specific circumstances. The Regional Transportation Council authorizes NCTCOG staff to develop, implement and report on surveys and tracking programs to assess compliance with this resolution. Section 6. This resolution will be transmitted to all entities that have public activity fleets in the nonattainment area. Section 7. This resolution shall be in effect immediately upon its adoption. Wendy Dav Chair Regional T nsportation Council Councilmember, City of Fort Worth I hereby certify that this resolution was adopted by the Regional Transportation Council on October 13, 2005. I • T. Oscar TreGino, P.E., Secretary Regional Transportation Council Mayor, City of North Richland Hills CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: November 25, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-77 authorizing the City Manager of the City of Wylie, Texas to execute documents, agreements, and contracts approved by the City Council of the City of Wylie, Texas without requiring further authorization; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. RECOMMENDED ACTION: Approve. SUMMARY: The Ordinance allows the City Manager to sign documents, agreements or contracts in two particular situations: If the City Council, at a lawfully held regular or called meeting authorizes it. And, if the City Council authorized the expenditures through the Annual Operating Budget; but not to exceed $5,000. For example, if the Council authorized a particular department to lease a copier; then, the City Manager would have the authority to sign the lease without further action by the City Council but not to exceed the amount specified in the Ordinance. APPROVED BY: Initial Date Department Director: A City Manager: MBR \ 11/25/05 1 ORDINANCE NO. 2005-77 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE DOCUMENTS, AGREEMENTS, AND CONTRACTS APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS WITHOUT REQUIRING FURTHER AUTHORIZATION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, pursuant to Article IV, Section 1, Paragraph E.9., City of Wylie Charter, the City Council of the City of Wylie, Texas ("City Council") may add duties to the office of the City Manager; and WHEREAS, the City Council desires the City Manager to execute any and all documents that the City Council approves without necessitating a Resolution or other authorization subject to the City Council's sole discretion to designate the Mayor to execute such documents; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to authorize the City Manager as provided herein. 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: AUTHORITY OF CITY MANAGER. The City Manager of Wylie is authorized by the City Council of Wylie to execute any and all documents, agreements, and contracts that have been approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $5,000, without further requirements or authorizations. This authorization does not preclude the City Council, in its sole discretion, from authorizing the Mayor to execute such documents. SECTION 3: 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 Ordinance No. 2005-77 Authorization of City Manager to Execute Documents,Agreements and Contracts 1 repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 6th day of December, 2005. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Ordinance No. 2005-77 Authorization of City Manager to Execute Documents,Agreements and Contracts 2 CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: December 6, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: November 25, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-78 denying the request of ATMOS Energy Corporation, Mid-Tex Division, for an Annual Gas Reliability Infrastructure Program Rate Increase; approving cooperation with other cities within the ATMOS Energy Corporation, Mid-Tex Division distribution system; authorizing ATMOS Cities Steering Committee to hire legal and consulting services and to negotiate with the Company and direct any necessary litigation; authorizing intervention as part of ACSC in any appeal of the City's action to the Railroad Commission; providing a requirement for a prompt reimbursement of costs incurred by the City; finding that the meeting at which this ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to ATMOS Energy Corporation, Mid-Tex Division. RECOMMENDED ACTION: Approve SUMMARY: The law requires that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following a filing. The Company can set the "effective date" for any date after the 60th day. The effective date may be suspended by a city for 45 days. This ordinance denies the surcharge request on the grounds that it does not comply with the law and is not reasonable. An explanation of the Ordinance paragraphs is as follows: 1. This paragraph simply sets out the finding that the Company's request is unreasonable. 2. This paragraph authorizes participation in a Steering Committee and coordinated control over legal counsel and consultants. 3. This paragraph notifies the Company that the City expects reimbursement of its expenses associated with its review of the filing. 4. This paragraph authorizes the City to intervene in the Company's appeal of the ordinance to the Railroad Commission. 5. This paragraph provides for an immediate effective date. 6. This paragraph cites conformance with the open meetings act. 7. This paragraph directs that a copy of the signed ordinance be sent to a representative of the Company and a representative of the coalition of cities. APPROVED BY: Initial Date Department Director: A City Manager: MBR \ 11-25-2005 1 ORDINANCE NO. 2005-78 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. WHEREAS, on or about September 17, 2005, Atmos Energy Corp., Mid-Tex Division, (the "Company") filed with the City of Wylie ("City"), a request for an annual gas reliability infrastructure program (GRIP) rate increase for customers on the Company's statewide gas utility system to be effective November 19, 2005; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's request as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, it is reasonable for the City of Wylie to cooperate with other cities in a coalition of cities in opposition to the Company's filing at the Railroad Commission ("Commission"), said coalition being known as Atmos Cities Steering Committee ("ACSC"), in any appeal of the cities' actions to the Commission; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings filed at the Railroad Commission; and WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; and WHEREAS, counsel for ACSC, upon review of the Company's filing and upon consultation with various consultants, recommends finding that the Company's proposal is unjustified and unreasonable; and Ordinance No. 2005-78 Denying Atmos Request for GRIP Rate Increase 1668\13\sent to cities\ord051014 Denying 1 WHEREAS, the Company has publicly stated that it will receive substantial profit in 2005 and that its expenses are substantially below those on which the GUD No. 9400 rates it is charging were based; and WHEREAS, the Company's GRIP request fails to account for growth in numbers of customers, thereby undercounting the revenues it will receive from its proposed GRIP rate increase; and WHEREAS, the Company's GRIP request fails to recognize that GUD No. 9400 rates included profit based on TXU Corporation's capital structure rather than Atmos Energy Corp.'s current capital structure, which justifies a lower rate of return; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Company's GRIP rate increase request is found to be unreasonable and is therefore denied in all respects. SECTION 2. That the City is authorized to cooperate with other Cities within the Company's Distribution System that have formed ACSC to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal of a rate ordinance and the rate case filed at the Commission. SECTION 3. That the costs incurred by the City in reviewing the Company's GRIP request shall be promptly reimbursed by the Company. SECTION 4. That the City is authorized to intervene in any appeal of the city's action filed at the Commission, and to participate in any such appeal as a member of ACSC. SECTION 5. This Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 6. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 7. A copy of this ordinance, constituting final action on the Company's application, be forwarded to the appropriate designated representative of the Company within 10 days as follows: Richard T. Reis, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to the coalition of cities, at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725. Ordinance No. 2005-78 Denying Atmos Request for GRIP Rate Increase 1668\13\sent to cities\ord051014 Denying 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 6th day of December, 2005. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No. 2005-78 Denying Atmos Request for GRIP Rate Increase 1668\13\sent to cities\ord051014 Denying 3 CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM December 6 2005 Council Meeting Of: Originating Department: Public Services Prepared By: Michael Sferra Account Code No. #: Date Prepared: November 22 2005 Budgeted Amount: Exhibits: Six AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-79 amending the FY 2005-06 budget in the amount of $200,000 for the purchase of real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park. RECOMMENDED ACTION: Approval. SUMMARY: The Public Services Department is in the process of acquiring a parcel of land located at 105 South Jackson Avenue. The 6,142 square foot parcel is currently surrounded on three sides by Olde City Park. Once acquired, the parcel will become incorporated into Olde City Park, and a 1,500 square foot pavilion will be erected on the site as part of a current Collin County parks and open space grant project. On December 14, 2004, Council approved Resolution 2004-25(R) entering into an interlocal agreement with Collin County to implement a $150,115 park grant received from Collin County for improvements to Olde City Park. This is a matching grant whereby the City is reimbursed for approved expenditures. The approved elements of the park include land acquisition, installation of underground drainage, site grading, sidewalk removal and installation, irrigation, and a new pavilion complete with concrete slab and electrical service. Other amenities include benches, tables, grills, signage, parking lot construction, and playground equipment installation. In early 2005, staff began work on the project and has completed the installation of the playground and underground drainage in Olde City Park and a concrete parking lot on the northwest corner of Oak and Jackson. Negotiations for the purchase of a real estate parcel necessary to complete the project delayed further construction progress. On November 17, 2005, Council authorized the Mayor to execute a real estate sales contract which allowed the City 30 days to complete a Phase 1 environmental assessment of the subject property. The assessment has been conducted by Alpha Testing, Inc., and no contaminants were found. As stated in the November 17, 2005 communication to Council, staff negotiated with the seller and arrived at a total purchase price of$60,582.58 ($60,000 purchase plus 1/2 of closing costs in the amount of$582.58. The seller is responsible for the payment APPROVED BY: Initial Date Department Director: MS \ 11/22/05 City Manager: \ 1 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005- amending the FY 2005-06 budget in the amount of$200,000 for the purchase of real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park. SUMMARY: (Continued) of property taxes in the amount of $700.54). Upon approval of the requested budget amendment, a closing will be scheduled to occur before December 31, 2005. Upon completion of the sale and submittal of required documentation, the County will reimburse the City in the amount of$21,000.00 as part of the parks and open space grant project. Funds for costs associated with the real estate acquisition and related park improvements were originally included in the FY 2004-05 Park Acquisition and Improvement Fund and the Parks 4B budgets. Due to ongoing negotiations concerning the parcel, and the uncertainty of the outcome, available funds were not carried over into the FY 2005-06 budget. Funds necessary to complete the project are currently available in the Park Acquisition and Improvement Fund. Upon formal acquisition of the parcel and approval of the proposed budget amendment, work on the project will resume. 2 Dec 02 05 11 : 58a p. 2 1111AL ALPHA TESTING, INC. 2209 Wisconsin St..Suite 100 Dam Texas 75229 972/620.8911- 972/2634937(Metro) FAX 972/406.8023 IDccember 1,2005 City of Wylie 949 Hensley Lane Wylie,Texas 75098 Attention:Mr. Mike Sferra Re: Phase I Envirorunental Site Assessment 0.141-Acre Tract 105 S.Jackson Avenue Wylie,Texas ALPHA Report No.E051159 We are pleased to submit results of the Phase I Environmental Site Assessment conducted on the property referenced above. This study has been authorized by Mr. Mike Stcrra on November 18, 2005, and performed in accordance with ALPHA Proposal Number 16647 dated September 28,2005. This report contains information obtained from on-site observations,results of a review of selected documents describing conditions on the Site.recent activities on and amend the property,and our opinions concerning the potential existence of environmental impairments on and in the near vicinity of the Site. Please:note.conditions on and adjacent to the property can change with the passage of time and results and opinions provided in this report are not considered applicable for more than 6 months from the date of this report. ALPI IA TESTING,INC.appreciates the opportunity to be of service on this project. Ifwecan he of further assistance.please contact our office. Sincerely yours. ALPHA TESTING,INC. 14kti40,(4.4 cathcr K.Holthaus Project Manager ifs II* 1 ` t nristophcr . P.G. Environmental Department Manager Copies: (3)City of Wylie Dec 02 05 11 : 58a p• 1 PHASE t ENVIRONMENTAL.SITE ASSESSMENT on 0.141•Acrc Tract 105 S.Jackson Avenue Wylie,Texas ALPHA REPORT NO.E051159 December 1,200S Prepared for: City of Wylie 949 Hensley Lame Wylie,Texas 75098 Attention:Mr.Mike Sferra PREPARED BY: Alpha Testing,Inc. 2209 Wisconsin Road,Suite 100 Dallas.Texas 75229 Dec 02 05 11 : 58a p. 3 *ANALPHA Report No.E051159 1.0 EXECUTIVE SUMMARY The property is a 0.141-acre, rectangular shaped, undeveloped tract of land located at 105 S.Jackson Avenue in the City of Wylie,Collin County,Texas(hereinafter,the"SiteTM,or the"subject Site"). ALPHA's scope of work includes observation of readily accessible areas of the Site and adjoining nearby properties,review of government environmental database records,and interviews with local residents or property owners and government personnel. The findings of this study are presented as follows: The Site is currently vacant land. Historically,the Site has been developed with a single- family house. Historical land use in the general vicinity of the Sitc includes residential with some commercial developments. • ALPHA reviewed USGS topographic maps,geologic and soils traps,and performed interviews with local governmental agencies pertaining to the Site. The documents and interviews revealed no known prior history ot'environmental concerns or liens associated with the Site. • Based on a review of historical Sanborn maps, evidence of a recognized environmental condition(REC)was observed in association with the Site. The east adjacent property was formerly improved with a machine shop facility from at least 1901 to 1921 (20 years). Based on distance, the former machine shop facility is considered to present a REC for the Site. • A review of state and federal regulatory databases identified no facilities that might pose a reasonable environmental concern to the Site. • No evidence of hazardous chemicals or materials, surficial staining, distressed vegetation,underground/ahove ground storage tanks,hazardous waste disposal,or hazardous waste storage was observed on the Site. The Site and adjoining property roconnaiss awe revealed no evidence of recognized environmental conditions associated with the Site. ALPHA has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-00 for a 0.141-acre,rectangular shaped, undeveloped tract of land located at 105 S. Jackson Avenue in the City of Wylie,Collin County,Texas. Any exceptions to,or deletions from,this practice are described in Section 2.5 of this report. This assessment his revealed evidence of recognized environmental condition in connection with the She. The presence of a former machine shop facility located east and adjacent to the Site for at least 20 years constitutes a REC. 1 Dec 02 05 11 : 58a p. 4 ALPHA Report No.E051159 ALPHA recommends an Environmental Site Investigation (ESI) be performed to evaluate the presence or petroleum hydrocarbons and volatile organic compounds (VOCs) in the on-site soil and groundwater as a melt of a potential release from former east adjacent machine shop facility. 2.0 MITTLODUCTIQN 21 Objective The objective of ALPHA's reporting requirements for the Phase I ESA is to provide"all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice"as defined in 42 United States Code(USC)§9601(35) (13)in order to identify recognized environmental conditions associated with the property hereafter defined in Appendix E. A recognized cnvironmenlal condition is the presence or likely presence of any hazardous substances or petroleum products on a commercial property under conditions that indicate an existing release,a past release,or a material threat of a release. In addition,this investigation is intended to satisfy one of the requirements to qualify for the innocent landnwner defense to Comprehensive Environmental Response, Compensation and Liability(CERCLA). It is ALPHA's policy to perform all Phase I ESAs in general accordance with the terms and provisions of the "Standard Practice for Environmental Site Assessments:Phase I Environmental Site Assessor cat Process",ASTM Standard 1527-00(the ASTM Standard)published by the American Society for Testing and Materials. Z.2 Snedal Terns and Conditions ALPHA has observed the degree of care and skill generally exercised by the profusion under similar circumstances and conditions in performing this Phase I ESA. Observations and findings developed by ALPHA must be considered as opinions and conclusions based on our professional judgment concerning the significance of the limited data gathered during the course oldie site assr:ssmcnt. Specifically,ALPHA does not and cannot represent the Site as containing no hazardous or toxic materials,products,or other latent conditions beyond those observed by ALPHA during its site assessment. Further,the services herein shalt in no way be construed,designed or intended to be relied upon as legal inter relation or advice. This study and report have been prepared on behalf of and for the reliance of City of Wylie (the Client)solely for use in an environmental evaluation of the Site and limited to the scope of work outlined in this report. The scope of services performed in execution of this investigation may not he appropriate to satisfy the needs of other users,and any use or re-use of this document regarding the findings,conclusions,or recommendations will be at the risk of the said user. 2 ORDINANCE NO. 2005-79 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $200,000.00 FOR THE PURPOSE OF PURCHASING REAL PROPERTY LOCATED AT KELLERS FIRST ADDITION, BLOCK 4, LOT 10, COLLIN COUNTY, 105 SOUTH JACKSON AVENUE, WYLIE, TEXAS AND FOR THE COMPLETION OF IMPROVEMENTS TO OLDE CITY PARK; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005- 41 for the purpose of purchasing real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park; and WHEREAS, by passing Resolution #2004-25(R) on December 14, 2004, the City Council entered into a interlocal agreement with Collin County for improvements to Olde City Park in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for purchasing real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005- 2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. 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. Ordinance No. 2005-79 ORDINANCE AMENDING 2005-2006 BUDGET(Olde City Park Improvements) Page 1 SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That up to Two Hundred Thousand and no/100 ($200,000.00) from the Park Acquisition and Improvement Fund balance be expended over the next fiscal year for the purpose of purchasing real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 6th day of December, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2005-79 ORDINANCE AMENDING 2005-2006 BUDGET(Olde City Park Improvements) Page 2 REAL ESTATE SALES CONTRACT STATE OF TEXAS § COUNTY OF COLLIN § THIS REAL ESTATE SALES CONTRACT (this "Contract") is made by and between ANTHONY D. BOYD ("Seller") and the CITY OF WYLIE, TEXAS ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I 1.01. Seller hereby agrees to sell and convey by Warranty Deed (the "Deed"), and Purchaser agrees to purchase and pay for, that certain real estate, and any improvements located thereon, being Lot 10, Block 4 containing approximately 6,142 square feet, more or less, located in the Keller's First Addition, an addition to the City of Wylie, Collin County, Texas, as generally described in Exhibit A, attached hereto and incorporated herein for all purposes,which property shall include any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way, and including all of Seller's rights to all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property (all of such real property described above and the rights and appurtenances described herein being herein collectively referred to as the "Property"), for the consideration and upon the terms and conditions hereinafter set forth. All of the Property will be conveyed to Purchaser at the closing free and clear of all liens and claims. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 1 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract (Anthony_D_boyd_and_the_City_of Wylie)3.DOC ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price (therein called the "Purchase Price") for said Property shall be the sum of SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00). Payment of Purchase Price 2.02. The Purchase Price shall be payable in all cash at closing. ARTICLE III CONDITIONS TO CLOSING Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Seller has obtained a Commitment for Title Insurance (the "Title Commitment") from Commonwealth Land Title Co. in Wylie, Texas (the "Title Company"), accompanied by legible copies of all recorded documents relating to easements, rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller(the "Title Documents"). Review Period 3.03. Purchaser shall have thirty (30) days (the "Review Period") after Purchaser's receipt of the later of the Title Commitment and Title Documents to review same and to deliver in writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"), and in the event Purchaser states that the condition is not satisfactory, Seller Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 2 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC shall promptly undertake to eliminate or modify all such unacceptable matters to the reasonable satisfaction of Purchaser, but shall be under no obligation to incur any cost in so doing. Purchaser hereby agrees that zoning ordinances, the lien for current taxes, restrictive covenants affecting the Property, the existing cross and mutual access easements and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions and Purchaser shall not be entitled to object to the status of title, the survey or avoid the Closing on account of such permitted exceptions. In the event Seller is unable or unwilling to cure any objections contained in the Objection Notice within ten (10) days after receipt of same, Purchaser may, by written notice delivered within five (5) days thereafter, terminate this Contract. Feasibility Period 3.04 Purchaser shall have a period of thirty (30) days following the effective date of this Contract, within which to inspect the Property and determine if the same is suitable for Purchaser's intended use (the "Feasibility Period"). Within five (5) days following the effective date of this Contract, Seller shall furnish Purchaser with copies of any geophysical, environmental, grading and road plans, site plans, plats, soils, or other studies or tests relating to the Property which are in Seller's possession or subject to Seller's control. In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period, that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Contract shall terminate. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract, this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 3 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC to enter upon the Property and conduct such tests as Purchaser deems necessary; provided that Purchaser shall indemnify and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property. Contingent Upon Environmental Assessment 3.05 The payment of the Purchase Price is contingent upon a Phase I Environmental Site Assessment by Alpha Testing, Inc. indicating that the property does not contain any contaminants objectionable to Purchaser. Purchaser may terminate this Contract if there is any contamination. It is not possible to determine whether there is contamination without conducting the Phase I Environmental Site Assessment of the Property. If contaminants are found on the Property, and Purchaser elects to terminate this Contract, State and Federal laws and regulations may require that any contamination actually found to exist must be taken care of by the Seller or subsequent property owner, in accordance with such laws and regulations. ARTICLE IV CLOSING 4.01. The Closing shall be at Commonwealth Land Title Company, 108B West Marble, Wylie, Texas 75098, on or before December 31, 2005 (the"Closing Date"). 4.02. At the closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 4 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- RealEstate Sales Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC (1) General real estate taxes for the year after the date of closing and subsequent years not yet due and payable; (2) Any exceptions approved by Purchaser pursuant to this Contract; and (3) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, the cost and expense of said policy to be shared evenly by Purchaser and Seller. (c) Deliver to Purchaser one-half of all other costs associated with the sale of the Property and identified on the settlement statement at Closing. (d) Deliver to Purchaser possession of the Property. 4.03. At the closing, Purchaser shall deliver to Seller the cash portion of the Purchase Price. 4.04. All state, county, and municipal taxes for the then current year relating to the Property shall be prorated as of the Closing Date and shall be adjusted in cash at the Closing. There are no rollback taxes owing on the Property. 4.05. Each party shall pay any attorney's fees incurred by such party. All other costs and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract,or if this Contract is silent,they shall be shared equally by Purchaser and Seller. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 5 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and the_City_of Wylie)3.DOC ARTICLE V REAL ESTATE COMMISSIONS 5.01. It is expressly understood and agreed that no broker was involved in the negotiation and consummation of this Contract. ARTICLE VI CASUALTY 6.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. ARTICLE VII REPRESENTATIONS 7.01. As a material inducement to the Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and warrants to the Purchaser as of the date of execution of this Contract and through the date of the Closing as follows: (a) Seller is the owner in fee simple of the Property; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings (including condemnation) pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign. (c) The Property is not in a water district. (d) There are no existing or pending litigation, claims, condemnations, or sales in lieu thereof, contracts of sale, options to Purchase or rights of first refusal with respect to any aspect of the Property, nor have any such actions, suits, proceedings, claims or other such other matters been threatened or asserted Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 6 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#41240I-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC (e) All requisite resolutions, and any other consents necessary for the consummation by Seller of the transaction contemplated hereby have been duly adopted and obtained, and Seller has full right, power and authority to execute, deliver and carry out the terms and conditions of this Contract and all other documents to be executed and delivered by Seller pursuant to or in connection with this Contract. The execution and delivery of this Contract, the consummation of the transaction herein contemplated in compliance with the terms of this Contract will not conflict with, or with the passage of time result in a breach of any other agreement of Seller or any judgment, order or decree of any court having jurisdiction over Seller or the Property. (f) Seller is not a "foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, as Amended, and any applicable regulations promulgated thereunder. (g) To Seller's current actual knowledge there are not any materials defects or any environmental hazards that affect the Property. ARTICLE VIII MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing and shall not be merged therein. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 7 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Rea1_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wy1ie)3.DOC Notice (b) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed to be delivered when actually received or, regardless of whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, overnight mail, or fax with verbal confirmation of receipt of same, as the case may be, addressed to the addressee as follows: If to Seller: City of Wylie ATTN: Mark B. Roath 2000 Highway 78N Wylie, Texas 75098 Telephone: (972)442-8121 Facsimile: (982) 442-4302 If to Purchaser: Anthony D. Boyd 103 South Ballard Street Wylie, Texas 75098 Telephone: 972-442-5530 Facsimile: N/A Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (e) In case any one or more of the provisions contained in this Contract shall for any Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 8 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the City_of Wylie)3.DOC reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration (f) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (g) Time is of the essence of this Contract. Attorney's Fees (h) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (i) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 9 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_SalesContract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC Compliance (j) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance. Effective Date of Contract (k) The term "effective date of this Contract" as used herein shall mean the later of the two (2) dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the parties. Counterparts/Facsimile (1) This Contract may be executed by original or facsimile signatures in multiple counterparts, each of which shall constitute an original and together constitute one and the same instrument. Expiration of Offer (m) The offer contained in this Contract shall automatically expire within fifteen (15) days from the date of execution by the first party if the other party has not executed and delivered the same to the first party. EXECUTED on the dates set forth at the signatures of the parties hereto. SELLER: By: Anthony . oyd Date of Execution: as- 3 ` O S Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 10 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the_City_of Wylie)3.DOC PURCHASER: CITY OF WYLIE John Mondy, Mayor Date of Execution: Real Estate Sales Contract between Anthony D.Boyd and the City of Wylie Page 11 C:\Old Drive\MIKES\Gen\Parks\Boyd Property\ARBJ-#412401-v2- Real_Estate_Sales_Contract_(Anthony_D_boyd_and_the City_of Wylie)3.DOC A. Settlement Statement U.S.Department of Housing OMB No.2502-0265 and Urban Development B.Type of Loan 1. 0 FHA 2. 0 FmHA 3. 0 Cony Unins 6.File Number 7.Loan Number 8.Mortgage Ins Case Number 4. ❑VA 5. 0 Cony Ins. 6. 0 Seller Finance 2232000421 C.Note: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown. Items marked "(p.o.e.)"were paid outside the closing;they are shown here for infomnatioal purposes and are not included in the totals. D.Name&Address of Borrower E.Name&Address of Seller F.Name&Address of Lender City of Wylie Auihouy D.Boyd 2000 Highway 78 North 103 S.Ballard Wylie,TX 75098 Wylie,TX 75098 G.Property Location H.Settlement Agent Name LaodAme ica Commonwealth Title of Dallas,Inc KELLERS FIRST ADDITION,Block 4,Lot 10,COLLIN County 15150 Preston Rd.,Ste.220 105 S.Jackson Ave S. Dallas,TX 75148 Tax ID:751368427 Wylie,TX 75098 I.Settlement Date Place of Settlement LaodAmerica Commonwealth Title of Dallas,Inc 12/29/2005 108B West Marble Fund: Wylie,TX 75098 J.Summary of Borrower's Transaction K.Summary of Seller's Transaction 100.Gross Amount Due from Borrower 400.Gross Amoimt Due to Seller 101. Contract Sales Price S60,000.00 401. Contract Sales Price S611,000.00 102.Personal Property 402.Personal Property 103.Settlement Charges to borrower S582.58 403. 104. 404. 105. 405. Adjustments for items paid by seller ht advance Adjustments for items paid by seller In advance 106.City property taxes 406.City property taxes 107.Courtly property taxes 407. County property taxes 108.Annual assessments 408.Annual assessments 109.School property taxes 409. School property taxes 110.MUD taxes 410.MUD taxes 111. Other 411. Other 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 120.Gross Amount Due From Borrower S60,58258 420.Gross Amount Due to Seller S60,000.00 200.Amounts Paid By Or in Behalf Of Borrower 500.Reductions in Amount Due to Seller 201.Deposit or earnest money 501. Excess Deposit 202. Principal amount of new loan(s) 502. Settlement Charges to Seller(line 1400) S582.79 203. Existing loan(s)taken subject to 503. Existing Loan(s)Taken Subject to 204. Loan Amount 2nd Lien 504.Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 2005 Taxes S700.54 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City property taxes 510. City property taxes 211. County property taxes 511.County property taxes 212.Annual assessments 512.Annual assessments 213. School property taxes 513. School property taxes 214. MUD taxes 514. MUD taxes 215. Other 515. Other 216. 516. 217. 517. 218. 518. 219. 519. 220.Total Paid By/For Borrower 50.00 520.Total Reduction Amount Due Seller S1,22333 300.Cash At Settlement Framlfo Borrower 600.Cash At Settlement To/From Seller 301.Gross Amount due from borrower(line 120) 560,58258 601.Gross Amount due to seller(line 420) $60,000.00 302.Less amounts paid by/for borrower(line 220) S0.00 602.Less reductions in ant.due seller(line 520) S1,28333 303.Cash From Borrower S60,582.58 601 Cash To Seller S58,716.67 Section 5 of the Real Estate Settlement Procedures Act(RESPA)requires the Section 4(a)of RESPA mandates that HUD develop and prescribe this standard following: •HUD must develop a Special Information Booklet to help persons form to be used at the time of loan settlement to provide full disclosure of all borrowing money to finance the purchase of residential real estate to better charges imposed upon the borrower and seller.These am third party disclosures understand the nature and costs of real estate settlement services; that are designed to provide the borrower with pertinent information during the •Each lender must provide the booklet to all applicants from whom it receives settlement process in order to be a better shopper. or for whom it prepares a written application to borrow money to finance the The Public Reporting Burden for this collection of information is estimated to purchase of residential real estate; •Lenders must prepare and distribute with average one hour per response,including the time for reviewing instructions the Booklet a Good Faith Estimate of the settlement costs that the borrower is searching existing data sources,gathering and maintaining the data needed,and likely to incur in connection with the settlement. These disclosures are completing and reviewing the collection of information. mandatory This agency may not collect this information, and you are not required to complete this form,unless it displays a currently valid OMB control number. The information requested does not lend itself to confidentiality. Previous Editions are Obsolete Page I form HUD-1(3/86) Handbook 4305.2 File No.2232000421 L.Settlement Charges 700. Total Sales/Broker's Commission based on price S60,000.00 = S0.00 Paid From Paid From Division of Commission(line 700)as follows: Borrower's Seller's 701. to Funds at Funds at 702. to Settlement Settlement 703. Commission Paid at Settlement S0.00 S0.00 704.The following persons,firms or to 705. corporations received a portion to 706.of the real estate commission amount to 707. shown above: to 500. Items Payable in Comectlon with Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806.Mortgage Insurance Application to 807.Assumption Fee to 900. Items Required by Lender To Be Paid In Advance 901. Interest from to @/day 902. Mortgage Ins Prem.for months to 903. Hazard Ins Preen for years to 904.Flood Insurance to 1000.Reserves Deposited With Lender 1001.Hazard insurance months @ per month 1002.Mortgage insurance months @ per month 1003.City property taxes months @ per month 1004.County property taxes months @ per moth 1005.Annual assessments months @ per month 1006.School property taxes months @ per month 1007.MUD taxes months @ per month 1008.Other months @ per month 1009. Flood Insurance 0 months @ 1011.Aggregate Adjustment 1100.Title Charges 1 I01.Settlement or Closing Fee to 1102.Abshact or Title Search to 1103.Title Examination to 1104.Title Insurance Binder to 1105.Document Preparation to Newsom,Terry&Newsom,L.L.P. S50.00 S50.00 1106.Notary Fees to 1107.Attorneyrs Fees to (includes above items numbers: ) 1108.Title Insurance to LandAmerica Cemnaowealth Title of S295.00 S295.00 (includes above items numbers: uatma,IBC. 1109.Lender's coverage $0.00/50.00. 1110.Owner's coverage S60,000.005590.00 1111. Escrow Fees to Newsom,Terry&Newsom,L.L.P. S200.00 S200.00 1112. State of Texas Policy Guaranty Fee to Assocexas T Insurance Guaranty iation $0,00 S1.00 1113. to 1114. to 1115.Tax Certificates to Data Trace S23.58 $22.79 1116. Restrictions to 1117. Messenger/Express Mail to 1118.Copies to 1119. 60%of Title Premium to Newsom,Terry&Newsom,L.L.P. 1120. to 1200.Government Recording and Transfer Charges 1201. Recording Fees Deed S28.00 ;Mortgage ;Releases S14.00 S14.00 1202.City/County Tax/ Deed ;Mortgage to Stamps 1203. State Tax/Stamps Deed ;Mortgage to 1204. to 1300.Addidoml Settlement Charges 1301. Survey to 1302. Pest inspection to 1400.Total Settlement Charges(enter on Bees 103,Section J and 502,Section IC) S582.58 S582.79 I have carefully reviewed the HUD-I Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a completed copy of pages 1,2 and 3 of this HUD-I Settlement Statement. File No.2232000421 City of Wylie Anthony D.Boyd By John Moody,Mayor SETTLEMENT AGENT CERTIFICATION The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction I have caused the funds to be disbursed in accordance with this statement. Settlement Agent Date Warring:It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see:Title 18 U.S.Code Section 1001 and Section 1010. Previous Editions are Obsolete Page 3 form HUD-1(3/86) Handbook 4305.2 Page 1 of 2 Iil YLIE DEED THE STATE OF TEXAS § COUNTY OF COLLIN § NOW, THEREFORE,KNOW ALL MEN BY THESE PRESENTS: That, Anthony D. Boyd of the County of Collin, State of Texas,hereinafter referred to as Grantors,whether one or more, for and in consideration of the sum of Ten Dollars($ 10.00)&other good and valuable consideration to Grantors in hand paid by the City of Wylie, receipt of which is hereby acknowledged, and for which no lien is retained,either expressed or implied,have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Wylie all that certain tract or parcel of land lying and being situated in the County of Dallas, State of Texas,more particularly described in Exhibit"A,"which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT,HOWEVER,it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A"to wit: NONE TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Wylie and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Wylie and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF,this instrument is executed on this the day of , 2005. Anthony D. Boyd Acknowledgment State of Texas County of Collin This instrument was acknowledged before me on by Anthony D.Boyd Notary Public's Signature Page 2 of 2 EXHIBIT A Lot 10, Block 4, KELLER'S FIRST ADDITION, an addition to the City of Wylie, COLLIN County, Texas, according to the map or plat thereof recorded in Volume 29, Page 349, of the Map Records of Collin County Texas. RESOLUTION NO. 2004-25(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 AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING IMPROVEMENTS TO OLDE CITY PARK IN WYLIE, TEXAS, COLLIN COUNTY, TEXAS. WHEREAS, the City of Wylie has determined the necessity of improvements for Olde City Park; and WHEREAS, the Interlocal Cooperation Act authorizes local governments to make contractual agreements with another local government to perform governmental functions and services; and WHEREAS, the City of Wylie desires an interlocal agreement with Collin County regarding such improvements; and, WHEREAS, such an agreement will benefit the residents of the County and provide additional park and recreational facilities and open space; and WHEREAS, such an agreement supports or advance the mission of the Collin County Parks and Open Space Strategic Plan; 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 an Interlocal Agreement between the City of Wylie, Texas, and Collin County, Texas for improvements to Olde City Park, Wylie, Texas, Collin County, Texas. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2004. y - OND yor ATTEST TO: £' - ar�/r�jA r CA LE EHRLICH, City Secretary `�.,�1-�j Resolution 2004-25(R) 'int !+=`` ir Interlocal Agreement-Olde City Park Improvements CITY OF WYLIE Item No. 8 City Secretary's Use Only COUNCIL AGENDA ITEM December 6 2005 Engineering Council Meeting Of: Originating Department: Prepared By: Chris Ho]sted Account Code No. #: Date Prepared: November 29 2005 Budgeted Amount: Exhibits: Contract of Purchase AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a real estate sales contract for the purchase of right-of-way for Kirby Street generally located at the northeast corner of SH 78 and Kirby Street. RECOMMENDED ACTION: Approval. SUMMARY: Staff discussed the purchase of additional right-of-way for Kirby Street with Council on the September 27, 2005 Council meeting. The purchase includes 2,283 square feet of right-of-way for the completion of the turn lane on Kirby Street. Construction of the additional pavement will be included in the SH 78 expansion project which will be bid by TxDOT in approximately 18 months. The total purchase price for the property is $57,075.00 and closing will take place as soon as possible. 1999 Bond funds will be used for the purchase of the right-of-way. FUNDING SOURCES Current 1999 Bond Fund Balance $4,600,000 2003 County Bond—Ballard Ave. $1,370,000 TOTAL $5,970,000 REMAINING PROJECTS Alanis Drive Paving and Drainage Imp. $1,300,000 FM 1378 — City Match $1,032,000 Ballard Ave. Paving and Drainage Imp. $2,500,000 Sidewalks $ 450,000 1378/Park Blvd. Signal $ 294,000 TOTAL $5,576,000 APPROVED BY: Initial Date Department Director: CH \ 11/29/05 City Manager: \ 1 CONTRACT OF PURCHASE AND SALE THIS CON IRACT OF PURCHASE AND SALE (the "Contract"), dated as of the l 7 th day of November, 2005, by and between, Lafayette Landing Development, LTD (herein collectively referred to as "Seller") and The City of Wylie('Buyer"). ARTICLE I AGREEMENT OF PURCHASE AND SALE Upon the terms and conditions hereinafter stated, Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, all that certain real estate (the "Property") situated in the city of Wylie, Collin County, Texas, more particularly described as a parcel of the real estate located in the S.B. Shelby Survey, Abstract # 820, City of Wylie, Collin County, Texas, and being part of that .3241 acres tract of land as described in Warranty Deed from Linda Payne, Trustee to Kahlid and Hanif Corporation, dated February 8, 1996 and being recorded in Clerks File # 96- 0011802, of the Land Records of Collin County, Texas. (legal description and plat attached hereto) as Exhibit I, together with all and singular the rights pertaining thereto, and all rights, title, interest and options of Seller in and to adjacent streets, highways, railroads, roads, alleys, rights-of-way, easements and rights of ingress and egress thereto, and all other improvements and fixtures presently attached to and located on such real estate, but subject to the Permitted Exceptions (as hereafter defined). ARTICLE II PURCHASE PRICE 2.1 Amount. The purchase price (the "Purchase Price") to be paid by Buyer to Seller for the Property shall be $57,075.00 dollars, payable in cash at Closing (as hereinafter defined). The purchase price is based on 2,283 square feet times $25.00 per surveyed square foot, including easements and common driveways. The square footage reflected in the purchase price is shown on the attached survey, and accompanying metes and bounds description. 2.2 Escrow Deposit. Contemporaneous with the execution hereof, Buyer shall deposit the cash sum of $0.00 (such sum to be referred to as the ("Escrow Deposit") with Commonwealth Title Insurance Company (the "Title Company"), Dallas Texas, with Mel John. 2.3 2.3 Option Fee. As further consideration in this contract, a $0.00 option fee will be paid to the seller at the signing of this document. The option fee will immediately become the property of the seller, and will be applied to the purchase price at closing. CONTRACT OF PURCHASE AND SALE,Page 1 ARTICLE 111 TITLE, SURVEY AND ADDITIONAL ITEMS 3.1 Title Binder. Within Ten (10) days following the date the contract is signed by all parties, Seller, at its sole cost and expense, shall obtain and furnish to Buyer and Buyer's counsel an Owner's Title Policy Commitment (the "Title Binder") issued by Commonwealth Title Company on behalf of its title underwriter (the "Title Underwriter"), setting forth the state of title to the Property reflecting all exceptions or conditions to such title, including, but not limited to, all easements, restrictions, rights-of-way, covenants, reservations and other encumbrances affecting the Property. The Title Binder shall contain an express commitment of Commonwealth Title Company to issue a title policy to Buyer in the amount of the Purchase Price insuring such title to the Property as is specified in the Title Binder. At such time as Seller causes the Title Binder to be furnished to Buyer and Buyer's counsel. Seller shall also furnish Buyer and Buyer's counsel copies of all instruments referred to in the Title Binder as creating conditions or exceptions to title to the Property. 3.2 Title Policy. At the Closing, Seller, at its sole cost and expense. Seller shall cause an Owner's Title Policy issued by Commonwealth Title Company on behalf of the Title Underwriter (the "Title Policy") to be furnished to Buyer. At Closing, Buyer will credit to Sellers account, any amount of the escrow fee charged by the title company over $200.00. The Title Policy shall be issued in the amount of the Purchase Price and shall insure good title to the Property in Buyers name, free and clear of liens, claims and encumbrances other than the Permitted Exceptions. The Title Policy may contain such exceptions, reservations, easements and restrictions as are indicated in the Title Binder, except that the exception for restrictive covenants shall be annotated "None of Record," the exception for areas and boundaries shall be modified to read "shortages in area" only, the exception for taxes shall reflect only taxes for the current year and shall be annotated "Not yet due and payable," there shall be no exception for "visible and apparent easements" or "public or private roads" or the like (except if reference is made to a specified survey and a specified unrecorded exception shown on that survey) and there shall be no exception for "rights of parties in possession." Seller shall bear the cost of the deletion of the "survey exception." Restrictive covenants and other conditions imposed in connection with the creation of any addition or subdivision of which the Property is a part, zoning ordinances and the lien for taxes not yet due and payable shall not be deemed to be title defects. 3.3 Survey. A new survey is attached to this Contract, dated subsequent to the date hereof A copy of the survey has been provided to the Title Company. The Survey shall (I) set forth an accurate metes and bounds (or other legal) description of the Property; (ii)locate all existing easements (setting forth recording information with respect to recorded easements and locating recorded easements per the legal description contained therein), reservations, dedications, alleys, streets and roads; and (iii) show any encroachments onto the Property from any adjacent property. The Survey shall contain the surveyor's certification to Buyer and the Title Company CONTRAC_'1 OF PURCHASE AND SALE,Page 2 that (I)the Survey was made on the ground and is correct; (ii) that there are no visible discrepancies, conflicts, encroachments or overlapping of improvements except as shown on the Survey; (iii) that the Survey is a true, correct and accurate representation of the Property, and (iv) that the perimeter boundaries of the Property, the location of all easements within or traversing the Property, if any, and the location of all roadways, traversing, adjoining or bounding the Property have been accurately set forth on the Survey; and shall contain or discuss such other matters as may be required by the Title Company to allow it to issue the Title Policy in accordance with Section 3.2. 3.4 Review of Survey and Title Binder by Buyer. Buyer shall have a period (the "Survey and Title Binder Review Period") of Ten (10) days following the date of receipt by Buyer of the last of the Title Binder, the documents referred to therein as conditions, exceptions or reservations to title to the Property, the documents referenced in Section 3.6 below, and the new Survey, to review such items and to deliver in writing such objections as Buyer may reasonably and in good faith have to anything contained or set forth in the Survey, in the documents or in the Title Binder. Any items to which Buyer does not object within such period shall be deemed "Permitted Exceptions" (herein so called); provided that, liens and rights of parties in possession of all or part of the Property (other than Seller) shall in no event be deemed Permitted Exceptions, and Buyer shall be deemed to have objected thereto. Buyer may waive in writing any other exception at any time prior to the Closing Date. If no objections are found, then Buyer shall proceed to closing on or before December 16th, 2005. 3.5 Seller's Obligation to Cure Buyer's Objections to Title. If exceptions to the title to the Property are raised in the Title Binder, or if the Survey is not furnished to Buyer in form specified in Section 3.3, and if Buyer delivers written objections thereto to Seller in accordance with Section 3.4, then Seller shall, on or prior to the Closing Date, satisfy such objections at Seller's sole cost and expense. Should Seller reasonably believe in good faith that such objections cannot be satisfied without undue effort or expense, it shall as soon as practicable so notify Buyer in writing, and unless within ten (10) days following its receipt of such notice Buyer waives in writing such objections as Seller asserts cannot or will not be satisfied, then buyer shall be given an additional ten (10) days to attempt to cure the objections himself. Should Buyer fail to accomplish this, then this Contract shall terminate, in which latter event the Escrow Deposit plus any earned interest shall be returned to Buyer and the parties shall thereafter have no obligation one to the other hereunder. 3.6 Additional Items to be approved. Seller shall furnish Buyer, within ten (10) days following the date the contract is signed by all parties, true, correct, complete and legible copies or originals of the following: (a) Copies of all surveys, plats, engineering land studies, demolition estimates, and other studies and reports regarding the Property in Seller's possession. CONTRACT OF PURCHASE AND SALE,Page 3 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller represents and warrants to Buyer that: (a) At the Closing Seller will convey to Buyer good title to the Property in fee ownership, free and clear of all liens, claims, encumbrances, conditions, exceptions or reservations, except the Permitted Exceptions (and such other exceptions as have been approved in writing or waived in writing by Buyer). (b) As of the Closing Date there will be no adverse parties in possession of the Property, or any part thereof. No party has been granted by Seller or any predecessor in title of Seller any license, lease or other right relating to the use or possession of the Property, or any part thereof, that will not be terminated, cancelled and fully released without liability to Buyer on or before the Closing Date. (c) Seller has the full right, power and authority to sell and convey the Property to Buyer as provided in this Contract and to carry out Seller's obligations hereunder. Seller's execution, delivery and performance of this Contract have been authorized by all requisite actions of Seller. The joinder of no person or entity other than Seller will be necessary to convey the Property fully and completely to Buyer on Closing. (d) The execution and delivery of this Contract, the consummation of the transaction herein contemplated, and compliance with the terms hereof will not conflict with or, with or without notice or the passage of time or both, result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, loan agreement or instrument to which Seller is a party or by which Seller or Seller's property is bound, or any judgment, order or decree of any court having jurisdiction over Seller or Seller's properties. (e) There are no attachments, executions, assignments for the benefit of creditors, or voluntary or involuntary proceedings in bankruptcy or under any applicable debtor relief laws pending or threatened against Seller or the Property. CONTRACT OF PURCHASE AND SALE,Page 4 (f) Except for Seller, there are no parties with any interest in the Property (marital, homestead or otherwise) and no other signatures or consents are required to make this Contract fully enforceable by Buyer. (g) All laws, ordinances, rules and regulations of any government, or any agency, body or subdivision thereof bearing on the Property, have been complied with. (h) The Seller is not a foreign person within the meaning of Sections 1445 and 7701 of the Internal Revenue Code of 1954 ("WC"), i.e., the Seller is not a nonresident alien, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the IRC and Income Tax Regulations). The representations and warranties contained in this Article IV shall be true and correct on the date of Closing and shall survive the Closing and continue in full force and effect notwithstanding the Closing and consummation of the sale contracted for herein for a period of six (6) months thereafter, and the obligation of the Buyer to close this transaction is expressly conditioned upon said representations and warranties being true and correct on the date of Closing. If any of the representations or warranties contained herein are untrue or incorrect, Seller shall at all times before Closing use Sellers' good faith best efforts to take necessary action to make such representations or warranties true and correct. If any of the representations or warranties contained herein are untrue or incorrect on the Closing Date, Buyer shall be entitled to terminate this Contract by written notice to Seller on the Closing Date, upon which termination the Escrow Deposit shall be returned to Buyer. ARTICLE V REPRESENTATIONS, WARRANTIES AND COVENANTS OF BUYER Buyer represents and warrants to Seller as of the date hereof and as of the Closing Date that Buyer has the full right, power and authority to purchase the Property from Seller as provided in this Contract and to carry out its obligations hereunder, and all required action necessary to authorize Buyer to enter into this Contract and to carry out its obligations hereunder has been or upon the Closing will have been taken. CONTRACT OF PURCHASE AND SALE,Page 5 ARTICLE v'I CONDITIONS PRECEDENT TO PERFORMANCE 6.1 Buyer. Buyer shall not be obligated to perform under this Contract unless: (a) Seller shall have furnished Buyer all items required to be furnished to Buyer pursuant to this Contract, together with such other documents as in the reasonable opinion of Buyer's counsel are necessary for the Closing, provided, however, Buyer shall give Seller five (5) business days' written notice of the necessity for obtaining any such other documents; (b) Seller shall have cured all of Buyer's objections to title on or prior to the Closing Date, other than those waived; and (c) All representations and warranties by Seller set forth in this Contract shall be true and correct as of the date hereof and as of the Closing Date, and Seller on or prior to the Closing Date shall have met, complied with, and performed all conditions, covenants and agreements on Seller's part required by the terms of this Contract. Buyer may by written notice to Seller waive all or any of the foregoing conditions on or before the Closing Date. 6.2 Seller. Seller shall not be obligated to perform under this Contract unless all representations and warranties by Buyer set forth herein shall be true and correct as of the date the contract is signed by all parties and as of the Closing Date, and Buyer on or prior to the Closing Date shall have met, complied with, and performed all conditions, covenants and agreements on Buyer's part required by the terms of this Contract. Seller may by written notice to Buyer waive all or any of the foregoing conditions on or before the Closing Date. CONTRACT OF PURCHASE AND SALE,Page 6 ARTICLE VII CLOSING 7.1 Date and Place of Closing. The Closing hereunder shall take place in the offices of the LandAmerica Title Company. The Closing Date shall be December 16th, 2005. 7.2 Items to be Delivered at Closing. (a) Seller. At the Closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, each of the following items: (I) A Special Warranty Deed duly executed and acknowledged by Seller, and in form for recording, conveying good title to the Property to Buyer, subject only to the Permitted Exceptions and other matters, if any, waived by Buyer. (ii) The Title Policy in the form specified in Article TN hereof. (iii) Such evidence or documents as may be reasonably required by Buyer or the Title Company evidencing the status and capacity of Seller and the authority of the person or persons who are executing the various documents on behalf of Seller in connection with the sale of the Property. (iv) A Certificate in a form to be provided or approved by Buyer, signed by Seller under penalties of perjury, containing the following: (a) Seller's U.S. Taxpayer Identification Number; (b) The business address of Seller; and (c) A statement that Seller is not a foreign person within the meaning of Sections 1445 and 7701 of the IRC (i.e., Seller is not a nonresident alien, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the IRC and Income Tax Regulations)). In the event that Seller fails to deliver such Certification at Closing or Seller delivers such Certification but Buyer has actual knowledge that such Certification is false or Buyer receives notice that the Certification is false from any agent of Buyer or Seller, Buyer shall be entitled to withhold from the Purchase Price a sum equal to CONTRACT OF PURCHASE AND SALE,Page 7 ten percent (10%) of the total amount which otherwise would have been realized by Seller from such sale, which sum will be paid by Buyer to the United States Treasury pursuant to the requirements of Section 1445 of the 'RC and the regulations promulgated there under. (v) All additional documents and instruments as in the opinion of Buyer's counsel and Seller's counsel are necessary to the proper consummation of this transaction. (b) Buyer. At the Closing, Buyer shall deliver to Seller each of the following items: (I) The cash portion of the Purchase Price by cashiers check (ii) Such evidence or documents as may be reasonably required by Seller or the Title Company evidencing the status and capacity of Buyer and the authority of the person or persons who are executing the various documents on behalf of Buyer in connection with the sale of the Property. (iii) All additional documents and instruments as in the opinion of Buyer's counsel and Seller's counsel are necessary to the proper consummation of this action. (c) Escrow Agent. At the Closing the Escrow Agent shall deliver the Escrow Deposit to Buyer. The parties shall use their best efforts to insure that the form of each of the foregoing documents is approved by the parties and their counsel prior to Closing. 7.3 Possession at Closing. Possession of the Property shall be delivered to Buyer by Seller at Closing. 7.4 Proration of Taxes. Seller will pay all taxes due on the property for the current year at Closing. CONTRACT OF PURCHASE AND SALE,Page 8 ARTICLE VIII DEFAULTS AND REMEDIES 8.1 Buyer's Remedies. If Seller is deemed to be in default Buyer may, at Buyer's sole option, do either of the following: (a) Terminate this Contract by written notice delivered to Seller on or before the Closing Date, in which event the Escrow Deposit plus any earned interest shall be immediately returned to Buyer, and neither party shall have further obligation to the other hereunder; or (b) Enforce specific performance of this Contract against Seller, in which event Buyer shall be deemed to have accepted Seller's title to the Property, other than with respect to liens against the Property which liens shall be released by satisfaction of the indebtedness secured thereby out of the funds otherwise due Seller at Closing. 8.2 Seller's Remedies. If Buyer shall be deemed to be in default, Seller may, terminate this Contract by written notice delivered to Buyer on the Closing Date, in which event the Escrow Deposit plus any earned interest shall be immediately paid to Seller as liquidated damages, and neither party shall have further obligation to the other hereunder. ARTICLE LX BROKERAGE COILIlIIISSIONS Buyer hereby represents and warrants to Seller that Buyer has not contacted or entered into any agreement with any real estate broker, agent, finder or any other party in connection with this transaction, and that it has not taken any action which would result in any real estate broker's, finder's or other fees or commissions being due or payable to any party with respect to the transaction contemplated hereby. Each party indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representations and warranties made by it in this Article LX. The representations, warranties and indemnities set forth in this Article LX shall survive the Closing. CONTRACT OF PURCHASE AND SALE,Page 9 ARTICLE X INSPECTION Seller agrees that Buyer shall have ten days within which to make all inspections or investigations desired by Buyer. If within such Period, Buyer determines that it does not desire to close this Contract, it may give notice of such fact to Seller. hi that event, the Escrow Deposit plus any earned interest shall be delivered to Buyer and this Contract shall thereupon terminate without further liability on the part of Buyer or Seller. ARTICLE XI INDEMNIFICATION 11.1 By Seller. Seller shall indemnify and hold Buyer harmless of and from any and all liabilities, claims, demands and expenses, of any kind or nature (except those items which by this Contract specifically become the obligation of Buyer) arising or accruing prior to the date of Closing and which are in any way related to the ownership, maintenance or operation of the Prop- erty, and all expenses related thereto. including, without limitation, all court cost and attorneys' fees. 11.2 By Buyer. Buyer shall indemnify and hold Seller harmless of and from any and all liabilities, claims, demands and expenses, of any kind or nature (except those items which by this Contract specifically remain the obligation of Seller) arising or accruing subsequent to the date of Closing and which are in any way related to the ownership, maintenance or operation of the Property, and all expenses related thereto, including, without limitation, all court costs and attorneys`fees. 11.3 Notice. In the event either party hereto receives notice of a claim or demand, which results or may result in indemnification pursuant to this Article, such party shall immediately give notice thereof to the other. The party receiving such notice shall immediately take such measures as may be reasonably required to properly effectively defend such claim, and may defend same with counsel of its own choosing. In the event the party receiving such notice fails to properly and effectively defend such claim, and in the event such party is liable therefore, then the party so giving such notice may defend such claim at the expense of the party receiving such notice. CONTRACT OF PURCHASE AND SALE,Page 10 ARTICLE XII MISCELLANEOUS 12.1 Notices. All notices, demands and requests and other communications required or permitted hereunder shall be in writing, and shall be deemed to be delivered, whether actually received or not, forty-eight (48) hours after the deposit of same in a regularly maintained receptacle for the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: If to Seller: Lafayette Landing Development, LTD. 221 Country Club Drive Heath, Texas 75032 If to Buyer: Mr. John Mondv Mayor City of Wylie 2000 Highway 78 North Wylie, Texas 75098 12,2 Governing Law, This Contract is being executed and delivered in the State of Texas, and is intended to be performed in the State of Texas, and the laws of such State shall govern the validity, construction, enforcement and interpretation of this Contract. 12.3 Multiple Counterparts. This Contract may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement, but, in making proof of this Contract, it shall not be necessary to produce or account for more than one such counterpart. 12.4 Parties Bound. This Contract shall be binding upon and inure to the benefit of Seller and Buyer, and their respective successors and assigns. 12.5 Inspection. Buyer and Buyer's agents shall have the right to enter upon the Property prior to Closing for the purpose of making studies and inspections of the Property during normal business hours, so long as Buyer or Buyer's agents do not unreasonably interfere with Seller's use of the Property. CONTRACT OF PURCHASE AND SALE,Page 11 12.6 Further Acts. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered at the Closing or after the Closing any and all such further acts, deeds and assurances as may be necessary to consum- mate the transactions contemplated hereby. 12.7 Time of the Essence. Time is of the essence with respect to this Contract. 12.8 Survival. Any representation, warranty, covenant or agreement herein of either party to this Contract, whether to be performed before or after the time of Closing, shall not be deemed to be merged into or waived by the instruments of Closing, but shall expressly survive Closing and shall be binding upon the party obligated thereby. 12.9 Assignment. This Contract (specifically including the indemnity provisions hereof) shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Any assignment by Buyer shall constitute a novation of this Contract, and Seller shall thereafter look solely to the assignee for performance thereafter. 12.10 Amendment. This Contract may not be modified or amended, except by an agreement in writing signed by Seller and Buyer. The parties may waive any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions or obligations. 12.11 Entire Agreement. This Contract, including the Exhibits hereto and the items to be furnished in accordance with Section 3.6 hereof, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, war- ranty, covenant, agreement or condition not expressed in this Contract shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions of this Contract; provided, however, that all certifications, representations and warranties of Seller contained in the documents to be furnished pursuant to Section 3.6 shall become a part of the Contract as though set forth herein. IN WITNESS WHEREOF, this Contract of Purchase and Sale is executed as of the date it is sued by all parties. SELLER:, BLTYER: By: C S, By: Date: Date: CONTRACT OF PURCHASE AND SALE,Page 12 EXHIBIT "A" PAGE 1 OF 2 GJ�§ i CURVE DATA C 1 CA=94°13'35" R=40.00' L=65.78' T=43.06' �': CHORD=S 41°05'35"E 58.62' �5 \e �1 I/2 IRS Sli y6y ` t - ,,,,, ' ' ,' 0 co / ••1 o� \�QPG SIGN / .. tt•Sh SIGN% QP, / C C� 7 h' a h \°• ��i • © coy /; -74, �\�C' ©6A ©s OG / • O� • G�4 I " • O© ///�O� ASPHALT `\ , SUBWAY 1�5 ° CO C (y/ s �I ioo �/Ir`" ,%` iBEG"NNING �� s .,?? c 9" 6s. J`�/ \, / ryBRICK BUILDING INr 6\ C-� �,� 1648 S.F. �'� \#� -c GJ • , • '9 9Q PG ).O E CONC A O S �OQ��S ` .- T ,.FFIC ••./ iti - S 00 • � S� F 46 . S®H AR PUNCH C ED i•. I/2 IRS . - 1/2 I • • �I/2" IRF � _We ° �. ��I • . •� N 88° 1 2 00 'W 1 1 9. �� m'�ii.,2'ii �7/ice' ��✓� g ___ ELEC LINFy O.W, DEED TRAFFIC SAWCUT r��.. Ny� uii _••h /�//. �i,rS� ._. ." ' .•- i- LIGHT •'S0 CONC N 88* /2 .00• •Sy //7. ,,5•-X I CURB PG. 4 16 POLE • R�7yR 2. 283 S .F. R .O.W. c � 2�• 5\sk• DEDICATION 5 N. W. KIRBY STREET R .O.W. BY LIMITATION � •••s. OFTF SYMBOL LEGEND /LAPP • P.1-- ArFRn O••, 9 ® cans i lSR • TELEV SIDN GAS PPHONEFRS ROWER Pg l CABLE RISER METER RISER HYDRANT POLE ELEC TU ELEC ,,lid Roo Pourm old D. F'HI, -.P L.S. No. 5034 HAROLD D.FETTY III ELECTRIC BOX •METER 'CORNER' METER SUBSURFACE JUNCTION BOX 0 FP C•D '• .Q 5034 Q.• FENCE A/C LIGHT _� AIR CONO. POLE Iasi PR pANE TANK ' • OFEs s\O,-' -tdOPEi}�Y DIES """ FR= 111° i. O SURN it SURVEY DATE NOVEMBER II . 2005 SCALE I - 40' FILE#20031 542ROW ROCKWALL S "V' G CO.,INC. LAND SURVEYING CLIENT HADDOCK OF it NONE 1984 S. FM 551 ROYSE CITY, TX 75189 972-772-5434 PHONE 972-772-5443 FAX EXHIBIT "A" PAGE 2 OF 2 BEING a 2,283 square foot tract of land situated in the S.B. SHELBY SURVEY, ABSTRACT NO. 820, City of Wylie, Collin County, Texas, and being a part of that 0.3241 acres tract of land as described in a Warranty deed from Linda Payne, Trustee to Khalid and Hanif Corporation, dated February 8, 1996 and being recorded in Clerk's file no. 96-0011802, of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at an "X" cut in concrete in the Southeast right-of-way line of State Highway 78, said point being S. 51 deg. 45 min. 30.sec. W., 73.64 feet from the intersection of said right-of-way with the Northeast line of the above cited tract of land and the Southwest line of a tract of land as described in a Warranty deed from McDaniel Enterprises, Inc. to McDaniel Enterprises 1, LTD., dated December 11, 1998 and being recorded in Volume 4648, Page 2102 of the Land Records of Collin County, Texas; THENCE in a Southeasterly direction along a curve to the left having a central angle of 94 deg. 13 min. 35 sec., a radius of 40.00 feet, a tangent of 43.06 feet, a chord of S. 41 deg. 05 min. 35 sec. E., 58.62 feet and an arc distance of 65.78 to an "x" cut in concrete for corner; THENCE S. 88 deg. 12 min. 00 sec. E. a distance of 65.00 feet to a IA" iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034" set for corner in the existing right-of-way line of W. Kirby Street per Volume 4854, Page 416 of the Land Records of Collin County, Texas; THENCE S. 51 deg. 55 min. 39 sec. W. along said right-of-way line, a distance of 22.15 feet to an "X" cut in concrete for corner; THENCE N. 88 deg. 12 min. 00 sec. W. along the existing north line of W. Kirby Street, a distance of 117.65 feet to an "X" cut in concrete for corner at the intersection of said line with the East right-of-way line of State Highway 78; THENCE N. 51 deg. 45 min. 30 sec. E. along said right-of-way line, a distance of 34.54 feet to an "X" cut in concrete for corner; THENCE N. 07 deg. 51 min. 37 sec. W. along said right-of-way line, a distance of 28.98 feet to a '/2" iron rod found for corner; THENCE N. 51 deg. 45 min. 30 sec. E. along said right-of-way line, a distance of 10.34 feet to the POINT OF BEGINNING and containing 2,283 square feet of land. CITY OF WYLIE Item No. 9 City Secretary's Use Only COUNCIL AGENDA ITEM December 6 2005 Engineering Council Meeting Of: Originating Department: Prepared By: Chris Ho]sted Account Code No. #: Date Prepared: November 29 2005 Budgeted Amount: Exhibits: Warranty Deed AGENDA SUBJECT: Consider and act upon purchase of right-of-way for Kirby Street, in the amount of $15,000.00, from Khalid and Hanif Corporation. RECOMMENDED ACTION: Approval. SUMMARY: The Kirby Street paving project was constructed in 2001, and right of way acquisition for the project started in 1999. Based on existing plats for the subdivisions along the project, the right of way at the corner of Kirby Street and SH 78 was assumed to be 60 feet in width and therefore no further acquisition was pursued. The property at the north east corner was never platted and has recently been sold, however, the previous owner kept approximately 2,760 square feet of property which is located under the Kirby Street paving. The deed for the property makes reference to an implied right of way for Kirby Street of approximately 2,224 square feet; therefore, the remaining 536 square feet must be purchased. The City Attorney and staff have negotiated with the property owner and they have agreed to a purchase price of $15,000. 1999 bond funds will be used for the purchase. FUNDING SOURCES Current 1999 Bond Fund Balance $4,600,000 2003 County Bond—Ballard Ave. $1,370,000 TOTAL $5,970,000 REMAINING PROJECTS Alanis Drive Paving and Drainage Imp. $1,300,000 FM 1378 — City Match $1,032,000 Ballard Ave. Paving and Drainage Imp. $2,500,000 Sidewalks $ 450,000 1378/Park Blvd. Signal $ 294,000 TOTAL $5,576,000 APPROVED BY: Initial Date Department Director: CH \ 11/29/05 City Manager: \ 1 EXHIBIT 99A" PAGE 1 OF 2 G� h6 TP /A� 6� 1/2" IRS N P� 1 � '�11.1'11 CD SIGN -, QP� p V(). SIGN �G l�J G `S �•\ SPy�Gp •�`� Ih I 00© `' ASPHALT SUBWAY � NING �� BRICK BUILDING �GO 1648 S.F. • y�"�.,. INT .OS y ' �p CONC FFIC a �6 TU �•�G 5+ R _ •1/2" IRF T " m �_ �� L \�X" IN y Gq IRS /2 PUNCH\ 1 2" SSMH MAR ,.l CONC •N • 88°12'00"W 119.46' l _ � — 01H ELEC LINE 0.W. DEED - T TRAFFIC X" IN/� S $$ 12 00 E 1 17.65 }`L J CURB LIGHT �/CONC ' " POLE Place of Beginning "x" IN N 51°45'30"E 35.22' • c�Nc W. KIRBY STREET N 87°29'3 S.F. 1 LIMITATION S0°54'38"W 36.81 ' R.O.W. BY LIMITATION 2,760 .F. SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § KHALID AND HANIF CORPORATION, a Texas corporation ("Grantor"), for and in consideration of the sum of$10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and by these presents does GRANT, BARGAIN, SELL, AND CONVEY unto CITY OF WYLIE ("Grantee"), the real property in Collin County, Texas, fully described in Exhibit A hereto, together with all rights, titles, and interests appurtenant thereto (collectively, the "Property"). This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the matters described in the real property records of Collin County, Texas as of the date of this Special Warranty Deed, to the extent the same are validly existing and applicable to the Property (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the title to the Property unto the said Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor but not otherwise, subject to the Permitted Encumbrances. GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY OR ANY IMPROVEMENTS THEREON (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW THE PROPERTY AND ANY IMPROVEMENTS THEREON ARE CONVEYED "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES, OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, (EXCEPT AS TO TITLE AS HEREAFTER PROVIDED AND LIMITED) CONCERNING THE PROPERTY AND ANY IMPROVEMENTS THEREON, INCLUDING WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY AND ANY IMPROVEMENTS THEREON, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO SPECIAL WARRANTY DEED Page 1 KHALID AND HANIF CORPORATION ANY SUCH IMPROVEMENTS AND (iii) THE MANNER OF REPAIR, QUALITY, STATE OR REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. Grantor's address is: Khalid and Hanif Corporation 2718 River Legacy Drive Arlington, Texas 76006 EXECUTED as of November , 2005. KHALID AND HANIF CORPORATION By: Its: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of November, 2005, by , of Khalid and Hanif Corporation, a Texas corporation, on its behalf. NOTARY PUBLIC STATE OF TEXAS AFTER RECORDING, RETURN TO: CITY OF WYLIE, TEXAS Attn: Mr. Mark B. Roath, City Manager 2000 Hwy. 78 North Wylie, Texas 75098 SPECIAL WARRANTY DEED Page 2 KHALID AND HANIF CORPORATION EXHIBIT A Property Description SPECIAL WARRANTY DEED Page 3 KHALID AND HANIF CORPORATION EXHIBIT "A" PAGE 2 OF 2 BEING a 2760 square foot tract of land situated in the S.G. SHELBY SURVEY, ABSTRACT NO. 820, City of Wylie, Collin County, Texas and being a part of that 0.3241 acres tract of land as described in a Warranty deed from Linda Payne, Trustee to Khalid and Hanif Corporation, dated February 8, 1996 and being recorded in Clerk's file no. 96-0011802, of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at an "X" cut in concrete in the existing north right-of-way line of West Kirby Street with its intersection of the east right-of-way line of State Highway 78; THENCE South 88 degrees 12 minutes 00 seconds East along the existing north right-of- way line of West Kirby Street, a distance of 117.65 feet to an"X" cut in concrete for corner; THENCE South 50 degrees 54 minutes 38 seconds West a distance of 36.81 feet to the called old centerline of West Kirby Street; THENCE North 87 degrees 29 minutes 34 seconds West, along the called old centerline of West Kirby Street, a distance of 116.79 feet to a point for corner; THENCE North 51 degrees 45 minutes 30 seconds East a distance of 35.22 feet to the POINT OF BEGINNING and containing 2760 square feet of land.