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07-24-2012 (City Council) Agenda Packet CC P Wylie City Council r J� NOTICE OF MEETING 1 7 Regular Meeting Agenda July 24, 2012 - 6:00 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor Kathy Spillyards Mayor Pro Tern David Goss Place 1 Nathan Scott Place 2 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Blake Switzer, Gateway Church CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. July 24,2012 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the July 10, 2012 Regular Meeting and July 7, 2012 and July 13, 2012 Special Called Work Sessions of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expense Report for the City of Wylie as of June 30, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for the City of Wylie as of June 30, 2012. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30, 2012. (S. Satterwhite, Executive Director WEDC) E. Consider, and act upon, the approval of the final Wylie Trails Master Plan. (M. Sferra, Public Services Director and R. Diaz, Parks Superintendent) F. Consider, and act upon, the award of bid # W2012-43-B for East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project to AUI Contractors Inc. in the amount of $3,831,968.00, as the lowest responsive, responsible bid; and authorizing the City Manager to execute any and all necessary documents. (C. Hoisted, City Engineer) REGULAR AGENDA Public Hearing 1. Conduct the Second Public Hearing for the annexation of a 2.208 acre tract of land situated in the James Truitt Survey, Abstract No. 920, Collin County, Texas, generally located north of Brown Street and east of Ballard Avenue. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the property owner, MOST REVEREND KEVIN J. FARRELL, D.D., (St. Anthony Catholic Church). The subject tract is contiguous to current property the church owns and north of the existing facility. The applicant desires to bring the subject tract into the city and Replat to join with existing property to the south for future development and expansion. Regular Business Tabled Item: Motion to remove from table and: 2. Consider, and act upon, the final artist and art design for the Downtown Mural Art Project, and authorize the City Manager to execute a contract to commission the art in the amount of$15,000. (C. Ehrlich, City Secretary) July 24,2012 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary At the June 26,2012 City Council meeting the Wylie Public Arts Advisory Board recommended Roger and Karen Nitz to commission a mural for the wall located at Olde City Park. Several members of the board and selection panel were present at the meeting and requested time to work with the artist to make some changes to the proposed design. City Council tabled the item for further review by the Public Arts Advisory Board and the Downtown Mural Selection Panel. 3. Consider, and act upon, Ordinance No. 2012-19 amending Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances: Providing for a penalty of the violations of this ordinance: Providing for a repealing, and savings and severability clauses; Providing for an effective date of this ordinance: and Providing for the publication of the caption hereof. (J. Butters, Assistant City Manager) Executive Summary In August of 2011 Council amended the solid waste contract to provide two events per year in which CWD will collect Household hazardous waste (and other items which are difficult to dispose of). The "Extreme Green"events added an additional .15 cents of cost per household per month. The Extreme Green cost will escalate to .30 cents per month in 2013 and.40 cents per month in 2014.In March of 2012 CWD requested, and was granted,a rate increase of.44 cents per household per month. This ordinance amendment increases the solid waste residential rates by .59 cents per household per month. 4. Consider all matters incident and related to the issuance and sale of"City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012", including the adoption Ordinance No. 2012-20 authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. Executive Summary The City has negotiated a sale for City of Wylie,Texas,General Obligation Refunding Bonds, Series 2012. The proceeds of this bond sale will be used to refund a portion of the City's outstanding debt and to pay the costs associated with the issuance of the bonds. 5. Consider all matters incident and related to the issuance of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012", including the adoption Ordinance No. 2012-21 authorizing the issuance of such obligations. Executive Summary The City has negotiated a sale for City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012. The proceeds from the sale of the Contractual Obligations will be used for the purpose of purchasing two quints (quintuple combination pumper) for the fire department and professional services rendered in connection therewith. JOINT WORK SESSION • Conduct a work session with Planning Department and Parks Division regarding the Tree Preservation and Landscape Ordinance. (M. Sferra, Public Services Director and Renae' 011ie, Planning Director) • Discussion regarding the FY 2012/2013 Budget(M. Manson, City Manager) July 24,2012 Wylie City Council Regular Meeting Agenda Page 4 of 4 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.087 Deliberations Regarding Economic Development Negotiations; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting:(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Project ATR • Project Detroit • Project UTS • Project WI CH RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or Executive Session. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION I certify that this Notice of Meeting was posted on this 20th day of July 2012 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY Off` W " IE Minutes Special Called Work Session Wylie City Council Meeting July 13, 2012 — 6:00 p.m. Wylie Municipal Complex— Council Conference Room 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:03 p.m. with the following Wylie City Council members present: Mayor Pro Tem Kathy Spillyards, Councilwoman Diane Culver, Councilman David Goss, Councilman Nathan Scott, Councilman Bennie Jones, and Councilman Rick White. Staff present included: City Manager, Mindy Manson; Finance Director, Linda Bentz; Library Director, Rachel Orozco; Police Chief, John Duscio; Fire Chief, Randy Corbin, and City Secretary, Carole Ehrlich. Many support staff were present. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Library Director Rachel Orozco led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present to address council during citizen's comments. Minutes July 13, 2012 Wylie City Council Budget Work Session Department Overviews Page 1 WORK SESSION • FY 2012-2013 Budget Discussion and Department Presentations to Council City Manager Manson gave an overview of proposed budget noting that the 2% lump sum salary bonus had been removed leaving revenues over expenditures at a positive of$845,555. A list of possible uses of the remaining funds were presented to council which included a 2%, 2.5% and 5% salary increase and a salary market and compression survey and associated costs. Also noted were expenditures for branding, a Narcotics Unit and costs of a possible 1 and 1/2 cent property tax rate reduction. Items that could be purchased from the Fund Balance were listed separately. Also discussed were revenues and possible expenditures from the Utility Fund, 4B Sales Tax, Recreation Fund, and contingency funding from Fire Station 3 to purchase fire equipment replacements. Direction from council was to bring back additional specifics for market salary adjustments and recommendations for salary adjustments. Another work session for the FY 2012-2013 Budget overview is scheduled as part of the July 24, 2012 regular city council meeting. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. The mayor reconvened into regular session at 10:25 p.m. ADJOURNMENT A motion was made by Councilman Goss, seconded by Councilman Scott to adjourn the meeting at 10:25 p.m. A vote was taken and the motion passed unanimously. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes July 13, 2012 Wylie City Council Budget Work Session Department Overviews Page 2 Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Meeting Tuesday July 10, 2012 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Kathy Spillyards, Councilwoman Diane Culver, Councilman Nathan Scott, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Police Chief, John Duscio; Planning Director, Renae 011ie; Interim Building Director, Dwight Lancaster; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • Randy Hill, Summit Church Pastor Randy Hill gave the invocation and WISD Superintendent Dr. David Vinson, led the Pledge of Allegiance. PRESENTATIONS • Dr. David Vinson, WISD Superintendent Wylie Independent School District Superintendent, Dr. David Vinson, addressed council thanking them for their partnerships with the school district. He thanked the council for working with the school district to make the community safe for families and children. He noted that the new traffic light on Hwy. 78 and the planning and notifications from emergency management during the recent tornado outbreak were just two examples of this partnership. Minutes July 10, 2012 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Ann Martin, residing at 402 Hilltop, Wylie, addressed council requesting the Akin Pavilion be refurbished or another facility be named in the former mayor's honor. Councilman Jones addressed council and staff thanking them for their support during the recent Wylie Fun Fest held at Founder's Park. He stated that he wanted to especially thank the public safety departments, Lake Lavon Corp. of Engineers, and the parks department for their assistance with the event. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the June 26, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat of Oncor Switching Station, Lot 2A, and Lot 2B, Block A, generally located north of East Brown Street and west of Eubanks Lane. (R. 011ie, Planning Director) C. Consider, and act upon, Wylie Evening Lions Club vendor registration to host a fundraiser "Dinner in the Dark" event at the Bart Peddicord Community Center on August 11, 2012. D. Consider, and act upon, Wylie Women's League vendor registration to host the Wylie Women's League Fall Festival to be held in Olde City Park on October 13, 2012 (October 20, 2012 rain date). Council Action A motion was made by Councilwoman Culver, seconded by Mayor Pro Tem Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0, REGULAR AGENDA Public Hearing 1. Conduct a Public Hearing for the annexation of a 2.208 acre tract of land situated in the James Truitt Survey, Abstract No. 920, Collin County, Texas, generally located north of Brown Street and east of Ballard Avenue. (R. 011ie, Planning Director) Minutes July 10, 2012 Wylie City Council Page 2 Staff Comments Planning Director 011ie addressed council stating that this annexation is at the request of the property owner, MOST REVEREND KEVIN J. FARRELL, D.D., (St. Anthony Catholic Church). The subject tract is contiguous to current property the church owns and north of the existing facility. The applicant desires to bring the subject tract into the City and replat to join with existing property to the south for future development and expansion. Public Hearing Mayor Hogue opened the public hearing for annexation of property situated in the James Truitt Survey, Abstract No. 920, Collin County, Texas at 6:12 p.m. asking anyone present wishing to address the council to come forward. No one was present to address council during the public hearing. Mayor Hogue closed the public hearing at 6:12 p.m. A second public hearing will be conducted July 24, 2012 at the regularly scheduled city council meeting. 2. Consider, and act upon, the award of bid # W2012-33-B for Highway 78 City Hall Facility - Wylie Public Safety Improvement Project; to Pulliam Construction Management Inc. in the amount of$663,784.00, and authorizing the City Manager to execute any and all necessary documents. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that the staff recommends the award of bid #W2012-33-B for the Highway 78 City Hall Facility - Wylie Public Safety Improvement Project to Pulliam Construction Management Inc. The funding source for this project is $460,000 from the 2010 Certificate of Obligation and up to $283,000 available from the remainder of the 2008 Certificate of Obligation related to City Hall facilities. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to award bid #W2012-33-B for Highway 78 City Hall Facility, Wylie Public Safety Improvement Project to Pulliam Construction Management Inc. in the amount of $663,784.00, and authorizes the City Manager to execute any and all necessary documents. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, the appointment of a board member to the Parks and Recreation Board to fill the expired term of July 1, 2012 to June 30, 2014. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that one of the Parks & Recreation Board positions was inadvertently left off the 2012 roster. The position was held by Cristine Price from July 2010 to June 30, 2012. She explained that following the procedures for annual appointments and re-appointments, staff has included the applicants wishing to be placed on the Parks and Recreation Board, including Cristine Price. Ehrlich noted that applicants were contacted and all applicants are willing to serve if appointed. Minutes July 10, 2012 Wylie City Council Page 3 Councilman Goss, 2012 Boards & Commission Chair, addressed council stating that during the interview process a couple of applicants had stood out during the interviews. He noted that he on behalf of the panel would like to recommend Jeremy White to fill the expired term. Goss explained that he had been in contact with Cristine Price and she had indicated that if the council had someone they wished to put in her position, she would willingly step aside and allow that to occur. Councilman Goss thanked Cristine Price for her service to the Parks board. Councilman Goss stated that he and the panel were recommending this change if it pleased the council. Council Action A motion was made by Councilman Goss, seconded by Councilman Scott to appoint Jeremy White as a board member to the City of Wylie Parks and Recreation board to fill a term of July 1, 2012 to June 30, 2014. A vote was taken and the motion passed 7-0. WORK SESSION • Department Budget Presentations to Council Departmental budget presentations to city council continued with the following departments reporting: Public Works WEDC IT Facilities Building Another work session is scheduled for July 13, 2012 at 6:00 p.m. to discuss the overall FY 2012-2013 proposed budget. Direction from council was for staff to bring requests for additional expenditures along with funding estimates for council review. Mayor Hogue convened into Executive (Closed) Session at 8:00 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: S§ 551.087 (Deliberations Regarding Economic development Negotiations; Closed Meeting;) CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting:(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Deliberate the offer of financial incentive to a business prospect relating to Project ATR. (S. Satterwhite, WEDC Executive Director) Minutes July 10, 2012 Wylie City Council Page 4 RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or Executive Session. There was no action taken as a result of Executive Session. ADJOURNMENT A motion was made by Councilman Goss, seconded by Councilman Jones to adjourn the meeting at 8:18 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes July 10, 2012 Wylie City Council Page 5 Wylie City Council CITY 0 F WI E AGENDA REPORT Meeting Date: July 24, 2012 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 19, 2012 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 6/30/2012 City Manager MM July 20, 2012 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,344,265 274,831 15,903,504 91.69% A FRANCHISE FEES 2,241,000 996,054 2,090,899 93.30% B LICENSES AND PERMITS 411,000 45,982 404,077 98.32% INTERGOVERNMENTAL REV. 600,272 61,889 505,353 84.19% SERVICE FEES 2,716,000 229,346 1,986,922 73.16% C FINES AND FORFEITURES 307,000 22,444 201,922 65.77% INTEREST INCOME 19,000 1,772 13,127 69.09% D MISCELLANEOUS INCOME 341,389 20,133 243,733 71.39% OTHER FINANCING SOURCES 1,681,997 0 1,681,997 100.00% REVENUES 25,661,923 1,652,451 23,031,534 89.75% USE OF FUND BALANCE 934,010 NA NA NA E TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 0 335,105 135.00% TOTAL REVENUES 26,844,157 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,681 3,474 66,879 69.90% CITY MANAGER 700,600 70,476 488,361 69.71% CITY SECRETARY 252,154 24,040 177,374 70.34% CITY ATTORNEY 128,000 19,061 68,014 53.14% FINANCE 893,964 104,322 664,482 74.33% FACILITIES 467,209 33,042 242,163 51.83% MUNICIPAL COURT 279,959 26,474 173,482 61.97% HUMAN RESOURCES 201,183 22,034 147,436 73.28% PURCHASING 151,365 9,493 112,960 74.63% INFORMATION TECHNOLOGY 1,003,066 85,256 848,936 84.63% F POLICE 5,454,207 558,527 3,999,151 73.32% FIRE 5,735,142 558,386 4,310,931 75.17% EMERGENCY COMMUNICATIONS 1,139,996 89,443 667,293 58.53% ANIMAL CONTROL 327,356 33,210 221,795 67.75% PLANNING 485,519 47,791 338,757 69.77% BUILDING INSPECTION 667,438 54,939 467,086 69.98% CODE ENFORCEMENT 250,748 22,955 155,651 62.07% STREETS 1,567,725 100,989 967,467 61.71% PARKS 1,550,830 171,276 1,098,483 70.83% RECREATION 212,050 34,797 49,552 23.37% LIBRARY 1,401,348 141,971 1,021,509 72.89% COMBINED SERVICES 3,639,283 297,972 2,849,257 78.29% TOTAL EXPENDITURES 26,604,823 2,509,928 19,137,019 71.93% REVENUES OVER/(UNDER)EXPENDITURES 239,334 -857,477 3,894,515 17.82% A.Property Tax Collections for FY11-12 as of June 30 are 99.70%,in comparison to FY10-11 for the same time period 99.60%. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2010-11 revenue with the remaining fees coming from WAVE and other seasonal fees. D.Interest Income:In relation to the last 12 months the current interest is in line with projections. E.Use of Fund Balance:to supplement Debt Service and Replacement/New Fleet and Equipment. F.Due to the timing of technology purchases,expenses have increased;however,these will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 10,341,000 1,075,629 7,130,104 68.95% INTEREST INCOME 15,000 1,043 9,564 63.76% MISCELLANEOUS INCOME 35,000 3,550 30,299 86.57% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 10,391,000 1,080,222 7,169,967 69.00% G UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,050 26,037 220,235 74.64% UTILITIES-WATER 1,116,406 91,275 727,055 65.12% CITY ENGINEER 438,935 38,616 304,994 69.49% UTILITIES-SEWER 660,027 51,531 417,853 63.31% UTILITY BILLING 625,373 64,458 446,483 71.39% COMBINED SERVICES 14,183,712 1,527,744 10,580,551 74.60% TOTAL EXPENDITURES 17,319,503 1,799,661 12,697,171 73.31% REVENUES OVER/(UNDER)EXPENDITURES -6,928,503 -719,439 -5,527,204 -4.31% H G.Most Utility Fund Revenue billed in October are applicable to FY 2010-11. H.Use of Fund Balance for Community Park Utility Infrastructure. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 24, 2012 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 19, 2012 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for June 30, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 6/30/2012 City Manager MM July 20,2012 Page 1 of 1 2011-2012 Investment Report June 30, 2012 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $39,839,750.03 MMA 0.1395% Texpool 12/31/2006 NA 2 $15,019,553.35 MMA 0.1379% TexStar 3/15/2011 NA $54,859,303.38 Total Weighted Average Coupon: 0.14% Money Markets: $54,859,303.38 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $54,859,303.38 Wylie City Council CITY OF WY LIE AGENDA REPORT Meeting Date: July 24, 2012 Item Number: D. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: July 18, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30, 2012. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30, 2012. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on July 20, 2012. Approved By Initial Date Department Director SS 7/18/2012 City Manager MM July 20, 2012 Page 1 of 1 1,-13-2.012 1.1..11 A?) CITA' OF 61,Y:I I g PAGE..,,; 1 SA L ANtS SIAZET AS Or: 4UNi'.7 301H, 201 ilI-WYLI E ECONOMI C DEVE L CORP ACIZ,"OUNT4 T ITI.E ASSE TS 1.0.00-4 0110 CLA I M. UN CA S.M. AND C AZ H. ECF.J I V. 1#.5404„633,2 a UI-I-1 0115 'AS)' - WEDC - T NN'00 V, 0,„00 10 OD-101.35. I NWOOD, BANK. - KEC,R0 W 0..00 1000-10'191 31E.30:131 a,,, 20000,1)1 1000-1.5193 UT HER - 441141' CI 4440114 1.0011-1 G341 TE X100 L 0.D 0 /100-1034 a 140.51 C: 0.01' 1000-i OA el. I NT ERS.51. ItECSIV138 LE 0:.G 0 1.000-11$1.1. AcrTs 44413: - NJ 5x7 4 1000-11417 A,C.V:. B REX: - SALES TAX ii.0.0 104.0-12810 LEASE PAYMENT.:5 RE CsI woLE i'i,614,5.413.40 1000-4 2996 LOAN RECE I VABLE 0.00 .1000-12)g I A C.Cr.,S, PSC -. al;N. TEt H 0.0.6 1000-i 2998 ACCI% REC - SAVAGE 240,124,5,8 1000-1.4112 I NVENT OR Y - MAT ESJAZ/ SUP Pl..Y 14„.00 1000-1411..6 IN4334IO141 - LAND. 6 BUILDTNGS 2,296,512..31 1001'-1411S I NV...!WItialt -. B4414 U.1. SikND EN. BLVD 0-00 ID00-1431.1 PREfAID EXPENSES - II"SC 0„00 L.001-1 441 O. DE FERSZD C HARGES 64 6,34 3„40 ....„,......,„............................................_„._ 11,5150,892,01 TOTAL A SZ E,TS Li,561,892 Al LIABIL ITIAZ 0.00-201 IA E834E513 L. i Nt1D,W TAJ,, P A.YAI'.J.LE 2101-2 al 11 META TKARE PAY Aa LE. a..0.0) 2000-201.12: Oil IX SU P PORT. PA Y.44B3.E 0.00 2001-1 01 13. 4.'44E15,17 44441 034 PA YABIE 0,.00 2:0 OW-2 Di 14 IRS 413'IN PAY.ABL E. 0.111,. 2 301-204 IS. NAT I O14141 OE DETERRED COM? 0.00 24)00- 01 16 HEAIT If INSU R. PA.Y-ENP1 0 YRS 06.96 2.0,.00*.20.11..7' IN RE PAYABLE. 0.00 2000-2 011 8 ROTH IRA PAYABLE 0,,0 0 2000-.;.0119 WO We:ER:S., Ct MT FAY ABLE. 0...001 20i OA-201.20 F I CA PA YABLZ. 0,00 .000-.2.443 T= PAYA,BLE 2110.-.1 01.21.: ST UDEN T LOAN LEVY 4131 Ala LE 0.00 2100-,2 0.1.23 AL IMON Y PAYABLE 0,00 2000-1 51,2A PA NKS'V PTO' 4A14A441 P. 0 a,0 2)00,10425 VALIC DEFERSZD 1144117 0„00 2006220126 .1X.'24A PAYABLE 0.00 200)0.-1 01.21, ENP., LE.C,AL SETM ICES: P.MA5 LE 0 00 2000-33,3430 F LEX IBIE S PEN DIING Act!ouNT :2,694..gik 2000-20432 FM)' CAPS ELITE 0.00 000-20151 ACCAMSD WAGES. P.'„AYABLE 0„00 200-1 01,80 ADD 1 T. E14263)4EE INUR PA"Y,' 0.00 21.00-20199 MI SC PAYROLL FA,YABI E 0:.00 2.000-11)20 I„ Ar PEN DI Nt; 4,160..64 20610-20210 ACM UNTZ PA.YABt E. .720142.'f':ia 7-13-2012 08:13 AA CITY OF WILIE PAGE: 2 BALANCE. SHEET Al 06: jUNE 301'H, 2012 -MYLIE ECONOMIC DEVEL CORP ACCOUNEt TITLE 2000-20530 PROPEETY TAXES PAYAaLE 0.00 2000-20540 NOTES; PAYABLE 656,343.40 2011-20g10 OUT TO GENERAL FEND 0.00 2000-22200 DEFERRED REVENUE 141,907.30, 2000-22215 DEFERRED REV' - LEASE PRINCIPAL 5,919,820...32 2000-22280 DEFERRED REVENUE - LEASE 1.NT 914,755.68 2000-22915 RENTAL. DEPOSITS 2,800.01 TOTAL LIABTLITTE5 7,714,726.94 NUTTY ,00,00.0 3000-3411.0 FUND SALANEE - RESERVED 188,1131.60 300G-3490 111I4 BALANCE-UVRESEAV/UN0001G 3,269,210.27 2104, BEZINNING ENETY 3,0E7,391-80 TOTAL REVENUE: 1,419,983.27 TOTAL EXPENSES 1,321,210.00 REVENUE 03EBRJ(UNDEP) EXPENSES 9E,703„20 TOTAL EQUITY 6, CNER/(UNDER4 30,856,165007 TOTAL, LIABILITIES, EOUTTY 6 110ER/332N24371L 11,570,E92.01 D-13-2012 DA:10 AM CITY OF 5LF PAGE: BA1ANCE SHEET. AM OF: jUME TOTH, RO12 ERR-GEM LONG TERM Lifl (WEDC) ACCoUNT# TITLE ASS,5,73 AAAAAA A000649322 GOVERNMENT DOTES 6.60 1000-18E20 ACAS W.14515 0.60 1000-L0120 LOAN ANANINGOAM 0.00 LO15-182ND AMOUNT TO BE PROVIDED DAD .1000-IAMR0 BISNINANAM LOAN 0.00 0,04 TOTAL ASSETS 0.04 .Dosso__ LIANTLITTES 424-------4 2000-Q0410 COMPENSATED ABSENCES. 15245412 4T:002.56 BOOR-2C311. COME FaMENSEM PAYABLE-CURRENT 0..80 2000-T1410 ACCRUND 4,4454554424' TAMABLE 0-09 R000-28205 615214' LOANS - CURRENT 89#771.E1 2900-R8920 EIRREMOSAV LOAN 0.60 000-28230 'INWOOD LOAN 0.09 2000-2AR35 AND LOAN 209,346.24 2000-2823S ANS CONSTADOTION LOAN 8,646,296(16 2000-Z624U NECHES LOAN 253,59(12,51 2009-2491,0 CITY OF WITTE LOAM 0.00 2060-28290 PRIME SETS LOAN 6,00 2100-152LO 11OWE151152A0144155AON LOAN 0.00 2909698260 CAPITAL ONE CAZAD LOAM 6,60 ToMAL LIABTFITIES: 50236,861.49 EQUITY - -2 1900-14590 EuND BALANCE.--UNFESERV/UNEFSISM 5,413,320.16) TOTAL BESTUNIND EQUIIY ( 5,413,320.16) ToTAL FENENNE 0,00 TOTAL EXPENSES 5 )540458.44) REVENUE uVER/(Utn(E6()) EXPENSES 1940468:51 TOTAL EQUITY S. U5'ER/45:NDER1 ( 5,218,861,39) TOTAL LIABIFETTES, EQUITY 4 OVE5,A11150E54 0.00 y,3o.5,...ososms,63.4.44 7 87.9-7012 08:12 AA CITY OF WYLIE FADE: 1 REVENUE BNB EXPANSE REPORT - t111000I1ED1 AS OF: JUNE ROT/1, 701 2 11 I-WY 1,I A ACONDA TC ABNEL COPP FINANCIAL SUMAkEY CURRENT CURRANT PP T.OR YEAR Y 4T-A Y-TB 0 SUBSET 5 OS BUDGET PERIOD PO ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE nummARY rAXE0 1,HU i,167.00 119,526 2 i 0,CO 905,045,31 0.0G 896,11 6,65 50,2 5 TA TFREST t NCOME II,2 260.00 90 566.O 6 0,89 96,586.66 0.00 1840603.37 34,.,T4 MT SCEL LAN E DUE INCOME 50,882.00 00 BOB.1 9 G.00 t47,589,54 0,00 ( N60677,841 7621.3A OTHER FINANCING SOURCES 20 9,1130.00 300 303.4 9 0.50 2'0,541.94 0000 ( 60,R11.94) 12 9.02 TOTAL REWENCFS 2, M180734 DO 169,101 .77 0.60 1,A80981.21 0.00 9.630780.7'i 59.S8 EXPENDITURE SUMMAR?. DEVELOPMENT CORP-WENC 20 367,16 4i,,00 001„68 7. 1) 0,,00 1, 1210 210.07 3,Cle.RC 1,442,R37.11, 41N.87 TOTAL EXPENDITURES 2, M31,766.00 151,6871.30 00C 0 7,32 1,2.10.,OS 3,7 18.172 1,442,82,3.11 4J,B 2 VAVENUE OVER/(UNERa) EXPENDITURES 1 384,532.901 L 3,118.87 0„00 RR,773.S 01 3,719.821 T 479,586,38) 24,37,- 791 3824412 0173 12 AMI 446119 OF 14 SI 4.50 PAGE( 2 E EVENGE: AND MIXER N76iF RzPoat - 4uqiaN 114ITED1 AS Of..: .21.244 301"s, 2012 k I 19M Y.LIE ECM OM 4 C 141NE1 CO 44) REVE4017ES ODER EV T 0 IIERENT PEI OE '5E914 T4949 D 499 I 30 BADGE I 4 OF BUDGET PERIOD PO ADJUST, ACTGAT. ENCUMBRANCE EA'LANGE: BUDGET ''EA)'512 40010-41150 SE11. :44 1.7.144 14. 964 6377XZA 1558,1771418 44 61400 0.401 0.8A 4.01'7 155(4155140 8(644 0 440244 02 14 MALES TAX 74925427I3401 119,316-27 4.44 14540E1031. 88 497 441119727.69 .35:491 (90 T A,4, I 341.11,44 10 511,10,00 110,S26,„.21. 0,.00 8458 8A 3„31 6..OA 9968 1193 99 988,49 IN TF1449(41. I N11 OM E 44.......3433,462664466 400484 61/790, 40394',907407 1416 OF 17.4141174,67.T 68 6,6 0.00 42 40 9.09 08 001. 4 a.n 0-46 I 10 SAINOIBTED INIRREAT' ,PARNIDGR 3,00A,00 107.,41 0.110 1,214.61 9,001 1,,184865, 49382 411042'4 64 40: 117919044 14444E4E444: 08 04 4480 9„04 404.84 4,09 4,497 4 046°46143 LOGI(9, t NEEDS'ST 98 84 6 4(44'I 9(01 0.64 04 ai o p,,a cl, 0.,44 444,6-46458 IN TA1 RS4) E414441 MS' 244(264,,.913: 118948446 0409 49,496.4 4,84 10149(3(64 34469 464'1794 84.10 SAD 91 14,49,490,4 M461999.219 INT RIERS44 9(047 0.91 4006 . 9-40 .. . .. .9444 03 14 8,.40 .4436 IOIAL INTERS GI) 1 NOONS IR S IT 11'60.047. 10,560406 8460 55447(4)6 A 8 (4(0,4 184309193 32 44.64 MI 0142413444 MOD(I 1 NI:01E 40049141441 0 DENTAL 11444.4444 4444 482.00 44140.14 8,00 4:97,49132,41 08,01 45(2948 48 (3 I 4 OA 44 099A 8610' 1441covER1 - FRI OR YEAR &KARAT 0,,00 0.00 0,01 G.00 0.GB 0.00: 0.44' 444294 9A 60 mIscsIlAs co u:s I NC,OVS 2,400,00 2 CAT 1G 00 00 1 O' ,694.34 48,68, ( 944:V199,,!';'999 4.42298 40197-T GA 30' GAIT'S)LOSS GALE 0 E" CAT' ASS B A 0,OA OT GO 0.01' 0.00 OT 00 °°91')! .22112.,A9 TOT444' MI 041 ELL990444044 I N C OME: 46),952.64 4490581,4 494 G 4 6444404434 0448 ( 040827,341 102.31 OGRES: Fl 4114C1KG S(4014(474764, 441094 9164 TEA44 ED 41 FROM GENER914 FUND 974 4.19 4.1)0 4,44) 0,01 4(40 0.40: 0.00 401454 9325 47 AV 14( NOTE PROP'S PIGS 0,00 GT 0 0 11-00 0 0,,:OA 0,0)0 0.011 oi 400449495.51) 44411147 845114'642714, PA THEN TS (O' 44,644030,14 304344475 98714 2104,544 I84174 48,44.4 ( 44(9163 944 6486 02 2 Ca15 °TEM 49(7 OA NO I NO 0940(871441.13 4341,8408 04( 390 R(114,75 OT OR 21'0,841-114 0,011, ( 04,81,1-941 1 2 9,,82 TOTAL 1557VE NA FS, 2,4194029914 OS 26S,101„,29 0441 14449468:3(27 48 00 84 3601497479' 544.51. 7-4 3-2012 0812 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OR, DUNE 30TH, 2012 III-WYLIE ECONOMIC DEVEL COPP DEVELOPMENT CO15P-WE3C DEPARTMENTAL EXPENDITURES C0HKENT CURRENT PRIOR YEAR Y-T-O BUDGET % uE BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51410 SALARIES 172,370.00 19,888.86 0,60 125,962.78 0.00 46,407,22 73.08 5611-51130 OVERTIME 0.00 0.00 0,00 0.00 0.00 0„00 0.00 5611-E1140 LONGEVITY PAY 1,057.00 (1.00 0.00 1,060..00 0.00 ( 3.00) 100.28 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0..00 0.00 0.00 0.00 5511-51160 CERTIFICATION INCENTIME 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-51110 PARAMEDIC INCENTIVE 0.00 0.00 0,5') 0.00 0.00 0.,00 0.00 L511-51210 CAR ALLOWANCE 11,320.00 1,306.17 0,00 5,272..41 0.00 3,047,69 73.08 5611-51220 PHONE ALLOWANCE 3,450.00 0..00 0.00 2,525.52 0.00 930.49 73.08 561/-51230 C1.0THTNII ALLoWANGE 0.00 0.00 0,00 0..00 0.00 0.00 0.00 5611-513LO 'MI; 21,771.00 2,676.96 (L715 17,024.94 0.00 4,146.06 78.20 5614-514115 HOSPITAL & LIFE INSURANCE 27,260.00 1,790.57 0,80 16,1.15.13 0.00 11,144.817 59.12 561T-5112C LONG TERM. DISADILITY 933.00 38.22 0,00 343.98 0.00 639.02 34.99 5611 51440 FICA 10,687.00 1,289.52 0,00 6,2.49.35 0.00 4,437,65 58.49 8611-514E0 MEDIcARE 2,100.00 301.64 0,09 1,91.3.76 0.00 586.24 76.55 5611-514/0 WORKERS COMP DREMINM 656.00 0.00 0700 539.51 0.00 116.49 82.21 561i-51480 UNEMPLOYMENT COMP (TWO) L40.00 0.00 0.00 522.00 0.00 18 00 96 67 - . s -__ TOTAL PERSONNEL SERVICES 252,600.00 27,292_24 0.00 180,529.38 0.00 72,070.62 71.47 SUPPLIES 5611-5201E OFFICE SUPPLIES 5,000.00 424.17 0.00 3,512.27 35.85 1,451.68 70.96 5611-52040 POSTAGE & FREIGHT 980.00 0.00 0.00 176.56 2.58 300.76 18.29 5611-52130 TOOLS/ EQUIP - UNDER 81600 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUEPLIES 5,000.00 341.75 0.00 2,815.90 27,45 2,156.65 56.87 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 10,980.00 815.92 0.00 6,504.73 65.98 4,409.29 59.84 MATERIALS FOR MAINTENANC 5611-54630 TOOLS 0 EQUIPMENT 0.00 0.06 0.00 0.00 0.00 0.00 0.00 5611-5481.0 COMPUTER BARD/SOFTWARE 3,000.00 0.00 0.00 493.83 0.00 2,506,17 16.46 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 493.83 0.00 2,506.17 1.6.46 CONTRACTUAL sERVIEEK 5611-561130 FNCENT I VE.0 1,000,378.06 4.3,567..90 0..00 206,409..05 0.00 '793,968..95 20.63 5611-56040 ,s0 E1'I15L sEPITIc Es 173,1114.00 2,425.90 1..(4) 12,014.76 557.50 160,741.74 7.25 5611-55090 ADVERTISING 26,900.00 3,245.00 0.00 9,520.00 59.85 15,920..15 36.87 5611-5609D coMmENITY 070PSEL0PMEN1 40,2130.00 0.00 0.00 35,721..71 478.1.9 4,050.07 59.94 5611-56110 GOMMUNIGATIONE 4,480.00 317.25 0.00 2,952.72 125.08 1,402.20 69.70 5611-56180 RENTAL 22,600.00 1,716.39 0.00 18,232.12 0.00 4,367.88 80.67 5611-56210 TRAVEL & TRAINING 22,787.00 3,539.19 0.00 14,395.79 2,231.61 6,159.60 72.97 5611-56250 DUES & s17BSC50FTIONS 9,803.00 3,999.00 0.00 7,279.00 0.00 1,525.00 82.69 5011-56310 INSURANCE 1,079.00 0.00 0.00 303.00 0.00 775,00 28.11 5611-56510 AUDIT' % LEGAL SERVICES 92,750.00 4,624.50 0.00 57,939.15 0.00 21,760.85 -icAm 156-11-565/0 .E5/TINEEKINo/ARL,111111E/70/1150/L 37,000.00 7,000.00 0.00 1.1,620.00 0.00 25,380.00 31_41 5611-56513 UTITIT1E3-ELECTR1O 3%,..,500.00 0.00 0.00 1 000.40 200.61 2,298.99 34.31 TOTAL CONTRACTUAL 1E151/10ES 1,123,740.00 70,766.23 0.00 377,736.73 3,652.81 1,042,350.43 26.79 12 AM cITY OF WYLIE PAZ64 11 REVENUE AND EXPENSE REPORT - OJNAUDITECO AS OFT ..,NJNE 30TH0 2012 !II Tg ECOND47C' DKVEL CORP' DEVELOPMENT CORP-NEDC DEPASTMENTAL EXPENDITUFVLS CUARFN7 CURRENT PPICR YEAR Y-T-0 Y-A-n 9,MDCET k OF BUDGET PERIOD PO ADJUST, ACTUAL E,NCDVBRANCE [,-ALANCE EflEICET DE01' SER,VtCL° s CAP. REPt 56!i- 11D DEBT II 51 G.00 'A.5099'1,09 0,00 119,848,21 '0„',1,5 ).61i-5110 aAc D,F.21 EXPENSE 0.03 0.00 0.00 0.00 0,00 0,00 0.00 TOTAL DKB7 SI4RW.,,,C 4 CAP, REP 5,846,00 52,0,52,91 6.00 545,091019 All 19,648.21 8.01„14 rAPITAT OUTIAY :7)61.1-b6110 LAND-Pl:RCHASE P.IATCF:. loc,aaa.ca 0.00 0.0,0 L,000.00 0,01 ,1.49,000.00 0„61 5614-59r10 DEVELOPMENT FE:ES 0.03 3,00 C,00 0.05 0.00 0,00 0.00 5,0 L BF.1:1ERMEIN r S 0,0,.) 0,00 0.00 0.00 0.00 IC CI 0.00 S60,1-5H210 STREITS 4 AL1E.Y8. 41,000.00 a.co 1.14 0.00 F.4'F 40,000.00 0„00 5,61A-58410 SANTTARY SEWER 2304000.0 0.00 6.00 21'R,335.1,12 0„00 l .,.664.1.8 94.93 561 I-5$810 0,0v,010^0,710 HARD,,SOFTWARE 2,000.00 0.00 0.00 L.011,79 0,00 918.2] 50.'59 i..6.1-58130 FUS1.10TURZ & FI.XTVSZS 14,600,00 0,00 n.00 11,1,11,1 ) a.no PHI) 1411, 12 5511.-58410 411TL4I86S 0.00 o,alo 1.1111 0„co IF Al 0.00 0.00 56tL-sa95 ,„".ONTRA CAPITAL 01211...AY 0.00 0.00 0.00 0500 0.00 0.015 0.00 TO VA g, .1.7,.V%V T.T A 1, (Air 1.11.Y 4360600,00 0,'")0 0.00 294,94'!„61 0„00 .n..0,,652,34 53.Y1 OTHER FINAtWLNG (US.EZ) 1-5.011: TRANST.R TO GENF:RM. FQND 50009,00 0.10 0.00 5,.00(,',.00 0.00 0.0 0 1 a 0.0 D 5611-59190 TRANSFER TO THORDGIIFARE LViii7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 All-'1q99.0 PROJECT' AO=N7INU 0,00 0 00 0.00 0.00 0„00 0.0,0 0,00 TOTAL OTMER FillANCKNG W5EFO $,000„00 0.00 0.00 5,00(;,00 0„0'.2 0.00 100.00 TOTAL 4711.1F.1,07MFNI" ,,:',(AP-10F.00, „7,76"?,766,00 L51,cac,3c c.co lea21,21c,oa 1, Pls,81, ,,.44205'31P.1), 47,57 TOTAL EXPENDITURES 2,")6 6766,00 t",,,,I'll„i0 0,o0 1„021,,20.07 0,0'03,92 (,,,442.,8”.1.1 47.87 i711EVE811E OVER (0NDERj EXPENDITLRES I 304,532.5,n) ,4111..97 LI.00 48.,. .r'.dA.20 ( 3,''III.821 I 479,586,Vfl 24. m. END 01F, 44 I 1114' ''' Wylie Economic Development Corporation Inventory Subledger June 30, 2012 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 53.88 576,808 122,825 2,296,512.37 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation Balance Sheet Sub ledger June 30,2012 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance May 31, 2012 $5,183,306.49 Hughes(#71 of 120) 7/25/06 3.676.29 165,620,43 2,986.21 690.09 5,00 162,634 22 ANBTX(#20 of 60) 10/28/10 8,454.82 318,330_57 7,102.83 1,351.99 4 95 311,227,74 ANBTX-ACE oil of 1e0) 8/1/11 40,681.80 4,699,355.49 18,172.36 22,509.44 5 75 4,681,183.13 June 30, 2012 28,261,40 $24,551_52 $5,155,045.09 Note: Principal and Interest payments vary by date of payment Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion June 30,2012 2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment Pmt. Date Ck.# August 4,257.03 7,766.75 851.41 1,553.35 14,428.54 September 4,257.03 7,766.75 851.41 1,553.35 14,428.54 October 4,257.03 7,766.75 851.41 1,553.35 14,428.54 November 4,257.03 7,766.75 851.41 1,553.35 14,428.54 December 4,257.03 7,766.75 851.41 1,553.35 14,428.54 1/4/2012 WISD-52923 Total 21,285.15 38,833.75 4,257.05 7,766.75 72,142.70 COW-52915 2012 Amt. Received COW Tax WISD Tax Total Payment January 4,257.03 7,766.75 12,023.78 February 4,257.03 7,766.75 12,023.78 March 4,257.03 7,766.75 12,023.78 April 4,257.03 7,766.75 12,023.78 May 4,257.03 7,766.75 12,023.78 June 4,257.03 7,766.75 12,023.78 July August September October November December Total 25,542.18 46,600.50 72,142.68 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JULY 2012 MONTH WEDC WEDC WEDC DIFF % DIFF 2010 2011 2012 11 VS 12 11 VS 12 DECEMBER $81,014 $103,687 $112,676 $8,989 11.10% JANUARY 91,593 100,999 118,175 17,176 17.01% FEBRUARY 153,281 158,204 171,759 13,555 8.57% MARCH 89,717 104,670 113,571 8,900 8.50% APRIL 89,119 98,463 115,114 16,650 16.91% MAY 144,953 158,379 154,424 -3,955 -2.50% JUNE 111,174 116,832 119,326 2,494 2.13% JULY 99,065 119,527 125,555 6,028 5.04% AUGUST 144,373 157,310 SEPTEMBER 98,102 123,153 OCTOBER 96,010 118,827 NOVEMBER 145,337 163 346 Sub-Total $1,343,739 $1,523,400 $1,030,600 $69,837 7.27% AUDIT ADJ TOTAL $1,343,739 $1,523,400 $1,030,600 $69,837 7.27% WEDC SALES TAX ANALYSIS $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 _ _ _ I �...... ozol� $80,000 ..... •2012 1 - ■ $60,000 $40,000 $20,000 N .. -5 - T N T jA 47 N N g CID 2 7 3Q , ' c O 0 ' u_ a O Z N Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 24, 2012 Item Number: E. Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: July 18, 2012 Budgeted Amount: Exhibits: 2. Subject Consider, and act upon, approving the Wylie Trails Master Plan. Recommendation Motion to approve the Wylie Trails Master Plan. Discussion The City Council provided input on the Preliminary Trails Master Plan at a work session at the June 12, 2012 meeting. Trail Master Plan consultants from Dunaway Inc., Land Design Partners Inc., and Bowman-Melton, Inc. then reviewed the plan at the Parks and Recreation Board meeting on June 25, 2012. The Board made comments on the plan to the consultants and the Board approved the Preliminary Master Trail Plan with some minor revisions. Trails Master Plan consultants have now prepared the final version of the Wylie Trails Master Plan and it is ready for Council approval. In addition to the plan, the Parks and Recreation Board requested an implementation recommendation from the Trails Master Plan consultants. The consultant's memo with a recommendation for the implementation of the trail plan is included with this agenda report. Approved By Initial Date Department Director RD 07/18/2012 City Manager MM July 20, 2012 Page 1 of 1 ......DUNAWA Memorandum To: City of Wylie Parks and Recreation Department From: Dunaway Associates Date: July 2012 RE: Priority Moves for Trails Master Plan Implementation In response to discussions with Park Board (June 25, 2012), Dunaway Associates has worked with city staff to suggest a strategic approach for implementation of the trail network. As a starting point, city leaders should encourage inter-departmental coordination so trail connection opportunities will not be overlooked in current city projects (e.g., roadway improvement projects, new commercial/residential developments, drainage improvements, etc.). City staff should also continue the effort that is already underway to pursue potential funding sources that may secure funding for trail projects. To move toward implementation, city leaders should focus efforts as follows: Make Strategic Moves By pursuing the following areas as priority targets for trail implementation, city leaders can help create catalyst zones that will not only become important pieces of the trail network, but will also serve as triggers that spur future connections to these trail centers. • Municipal Complex Trails — This move continues Wylie's momentum of developing its "civic heart" and can continue to offer a sense of community identity for citizens. • East Fork Park/Trinity Trailhead — Here, a successful recreational use partnership with the Corps could serve as the effort that overcomes what has been a significant barrier to Wylie's lake access. This move could also set important precedent for partnering with the Corps for future trail expansion at both lakes. • ONCOR/ Lavon Park—This property could serve as a hub that provides key trail connections to eastern neighborhoods and a potential Lavon Lake gateway. Identify Key Segments Carrying out these strategic moves will include developing plans to implement portions of trail segments as described in the Trails Master Plan chart of recommendations as follows: Greenways & Utility Corridors - Municipal Complex Property - Along Forrest Ross from Eubanks to East Fork Park - Muddy Creek from FM 544 to Founders Park Wylie Trails Master Plan -July 2012 Page 1 of 2 ......DUNAWA Memorandum Lake Frontage/Access - Shoreline along East Fork Park Roadways & Parkways - Along Hwy 78 at Oncor Transfer Station - Along Brown to Hwy 78 at Oncor Lavon Park Pursue Priority Partnerships In order to work toward realizing these key portions of the trail network, city leaders should begin partnership discussions with appropriate agencies. Coordination with some agencies can take time, so it will be important to develop working relationships early in the implementation process. As a first step, communication should be pursued with the following: • United States Army Corps of Engineers (USACE) • North Central Texas Council of Governments (NCTCOG) • Texas Department of Transportation (TxDOT) • Utility Agencies (ONCOR, NTMWD, etc.) • Railroad Authorities (DART, Southern Pacific, etc.) • Wylie Independent School District Wylie Trails Master Plan -July 2012 Page 2 of 2 , ,J; 4 , 111 ',111,111(;/((;;,),' ;;09;i,,,, 1111 11 rt 1111r111'11 11'111'trriVIIIIIY11001°111i1rtlii1111111111111,1,1,1,11111,e111Yayirlii111111'Itityt$110 1 t(101'111101111111 11:'I I1111111111111'"1111 1 J")111)41111t1011;11111h11'111111r 1 lti 1)1(tr1;i fi1$1k11111fOr'101 11'tlrir)1 ti 1;11'Ilirti tit*Iii101(til/1:111(t)tt'il It"(t1:2/:1`r*4 r Ito o ,,,yyty' 111tYltilyt1y1loyrtIlYYYYYYrtt111111111111 „,111111,1111111trEitlyty'I'YY111,!1111t1ityt011111"allr1111,11tYYYttilittlrrtrriirtt,Itr111101101111i,'„Ii(trtiyyt111 11,1,14tt,litErirt Ill?1 111111111 11111141Y1iiiii:ttirYtYjirrtrritilitritirt;111,1111EYY11 tttrY trIlY„111 1,1;t11,1111 illyyftt001,1E111 , "/El tll yilt,iritejl'11111.1ft rttk ,t7 1111,11 111111111111111 ,.10111tIttrr111111;111:::::::11111111111111111111 01t1:10.11111111111111111111111 YlytlY1111111111111111111111:11111111trErlYyyyylttt,11YYt,„„E111:11 1'1'1'1 Itt;yhytttrlt,ydr,E,I,YEIEt,,;rttt,101,rt,07tylltyttyyll IlitttittiltlErylit'0111yyttriittoo'710,1,tt 0 4 a ',A111P 11'11111fi,1,1,1:1,1141.04"1111)::!!„`:.1,14i)111?1,101,00.14,A1111111111,'"",,...'11`110%/4''"....7,4 „„:A.c, ':1'01'10'100000011r111,11,11,1,1„,„11/ 0!!?1„1.111,1,11111:111'll'ig.1111,q01111;1'1'1;01010:1111„ 11,1,'11111111,110'11111'11 bal'-'''':1110,011111 1111:1,111,11,,11,111,:10?,..,,,,eiii100.,1:11,i,11,;6111,„:111„.11i.11,1,1,111,1111,„wpoio,,,m1,140,1.11.1.f..,„.41,41,;11 e ''..,,,:,,,,,0. 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"fiuil°' , ' ,^11,,,,u tnt),,,,,,,,11,,,,„"',1111,',11„uoftildo1113Q,1,11,,,;;11,111,111,1111,1,1,1111111111111111„1,),4i,,,,k,,,„,1,00,100,,,,,,, HI 1 Ilk Nrulli,IRIlta,111N4,7111',',"?4,01i'l",4#1011'14,01'11111115,iiiIIIWOIN;111kolvl,,,,14(4)/11;,11:1,111„,,,,,Aidilipl,„,',,d1,',1,01011,;, f',11 IA 410° 1 ° ' ''°dIr';414016011''°11°11111°1111°°11111ill;','°°°,°°11111ifi,11,11,, 1th illty,„i'loo0°4ri41°1 , „00",?^,iil 0161;',0111,,,;1„1,1,1,1,111.,41111.011 1 11111111q00t11,111,11111 '''''''',;,,10?Iu1111,1111111111"'1,;100,01,11111011111(1010.1,, 'II ,1 1 „00 , Trails 1 Master Plan 2012 j u I_ Y Bowman-Melton °DUNAWAy Pill saoc i a t CS, ,!,11,„1„,,,',,, L h3 13 D TN DIE iiiGiti PAIITN3R3 11 0 t 0//111 CO "f (1117,1 0 tiler: 111 CO 1111 eC' WI 0 VeS. - David Burwell, 2001 Trails Master Plan July 2012 Prepared by: Dunaway Associates in association with: Bowman-Melton Associates. Land Design Partners ©2012 Dunaway Associates,L.P.All Rights Reserved . �� T [� �� T� . / �_ . / ^� ltit n)ducioo...............................................................................................................................................................9 oo.....................................................................................................................................................4 Planning Process.....................................................................................................................................................6 ° ChcoCoHc6og8cBosc,Mappltlg.--------------------------------------6 ° Slcc, 1�(.,,vicw/Exisdrig Cum6lcluox.....................................................................................................................6 °(�pponuo��x8cGumomlocs.----------------------------------------.9 ° CuocCf,:`umiTcJxN(.,,cwu6cNoo...................................................................................................................l7 ° I)o]lmloocyTraits MaxcccNoo...................................................................................................................... 7 ° F;ooi Traits MaxcccNoo................................................................................................................................ 7 Planning Recommendations__________________________________________}0 ° R)cuxArco: Grccowoys arid OcJlg/Corridors.-------------------------------20 ° R)cuxAz(.,,o: Lokc6uot/Acccsx.......................................................................................................................22 ° R)CuxArco: I�oo6wov 8cI)ackwov ...............................................................................................................24 ° R)CuxArco:TcJ6co6x8c[occtsczcluox............................................................................................... ---26 ° ()Hc'c .-----------------------------------------'20 °Cuo6uxi0o...................................................................................................................................................3l Bibliography .........................................................................................................................................................33 Appendices .............................................................................................................................................................35 ° Ampcm6ix A—Traits MascccNaoGmp6ic ° Ampcm6lxB—Trait Cimo ° FuU-SizzF;ooi MaxcccNoo Vnixe bxwkpvrkrd This master plan proposes a diverse network of trail connections within the City of Wylie. The current Parks, Recrealion, and Open ,SPace 111,7sier Plan, prepared for the city in 2010, identifies the need for developing hike & bike traits as the highest priority for outdoor facilities in the city. Although the park system already includes a certain number of park-related traits, the (.)verati network is fragmented; therefore, a safe, accessible network (.)f trail connections between neighborhoods, parks, and key city destinations needs to be strategically developed. As a cornmitment to meeting these needs, Wylie city leaders hired the design team of landscape architects and planners from Dunaway Associates, Bowman-Melton Associates, and Land Design Partners. This collaborative team began working with the Parks & Recreation Department to further study the feasibility (.)f a citywide traits network. The primary emphasis of this study has been to target four main areas of focus identified by city leaders as being central to citywide trail development. They include: • Trails along Greenways &Utility Corridors • Trails along Lake Frontage • Trails along Roadways &Parkways • Trail Gateways &Intersections The Trail Master Plan is intended to become a tool that city officials can use to plan and coordinate future improvements for traits and associated infrastructure by various city departments. As this plan is implemented, citizens of Wylie will be afforded more mobility choices in connecting to city destinations, as well a increased opportunities for outdoor exercise and recreation. \171 Si ION 'TO complement Wylici hometown atmosphere through, a variety of trails and pedestrian connections.,., CITY COUNCIL CONSULTANT TEAM Eric Hogue, Mayor Dunaway Associates M.G. "Red" Byboth, Mayor Pro'Tern Plidip Nceicy, ASI,A, Project Director David Goss Elizabeth Mcllratli, ASLA, Project Manager Kathy Spitiyards Bennie Jones Bowman-Melton &Associates Rick White Bud Melton, Vice President,'Traits Specialist Diane Culver Annie Melton, MCP, Principal PARKS &RECREATION BOARD Land Design Partners Anne Elincy, Chair Bill Nicholson, REA, Principal Matt Rose, Vicc-Cliair Dan Chesnut Cristine Price Gary Robas Jim Ward Jeff Harris CITY STAFF Mindy Manson, City Manager 1c:if-Butters, Assistant City Manager Mike Sferra, Public Services Director Robert Diaz, Parks & Recreation Superintendent Nancy Williams, Parks & Recreation Administrative Assistant Charles Lee, Senior Planner Chris Hoisted, City Engineer Sliolin Rodgers, Parks Manager ADVISORY COMMITTEE Ant [line)/ Gary Robas Jim Ward Charles Lee Claris Eloisted Sliolin Rodgers Robert Diaz Nancy Williams 4 Planning Process Throughout the fiaaster planning process, the d(:.,sigt1 teafia worked closely with city staff and niefiat-iers of the Advisory Conifiaittee to exafiaine the feasibility of trail devdopfiactlt in each of the specified focus areas. In getleral, developfiactlt of this trail network plan was achieved usitlg a three-phase approach. Phase 1 —ANALYSIS o Data Gathering& Base Map Preparation o Site Review/ Existing Conditions o Opportunities & Constraints Phase 2—PLANNING o Conceptual Frails Network Plan Phase 3 —RF.,(OXIMMENDATIONS o Prdinaitlary'Trails Master Plan o Final'Trails Master Plan City Staff the Parks & Recreation Board, and Wylie citizens were also engaged in key nacetings to review progress and offer input to the planning process. PHASE 1 -ANALYSIS Data Gathering&Base Mapping As an initial stop, naenalaers of the consultant teana naet with). an Advisory Conanaittee that was appc)intcd by the Parks & Recreation Board. 'The purpose of this naceting was to estalalish the goal and objectives that would guide the tcani throughout the roaster plan process. Among the goals and (Objectives, the Advisory Conanaittee expressed the overall desire to create a safe, well-connected trail network for both pedestrians & bicyclists to use in connecting various destinations throughout the city (nautlicipal conaplex, retail, tleighlaorhoods, parks, schools, historic downtown, etc.). It was also highlighted that a key co/op meta to this network of connections should be to incorporate the Parks, Recreation, and Open Space Plan concept of "Enalarace the I...akes". The design tease then began gathering digital data frowi the city as well as a tlunalaer of public sources to create a base frowi which). to proceed with). naapping. Data gathered included aerial photographs, land uses, thoroughfares, utilities, easenaetas, floodplaino, county trail plans, city linaits, property parcels/ ETIs (Extra-Territorial Jurisdictions), and existing trails, among others. During this process, the consultant tease identified the need to develop the city's first known (XIS (Geographic I tifornaation Systenag base rnap. Each).layer of data was digitally conipilcd using GIS software to create a database for use, not only in this roaster plan,but also in future planning efforts.Other sources of information related to trail developnaena were also reviewed, including the city's current Parks, Recreation &Open Space Master Plan, the existing'Thoroughfare Plan, and drafts of the current Conaprehenoive Master Plan in progress. Site Review I Existing Ct nditi III ns ,I A critical stop in the analysis phase included the consultant teana and Agivisory Conanaittee conducting a city-wide site tour to visually evaluate and docunaentt current condition of the existing trail systena, and to 1111111 go,o ou loogoolgoo , ,,,„ , ol.o,o review key zotles which).naay require particular attentOol in the planning process.'This review was atl inaroatant stop itl fanailiarizitlg the conoultant 'litirlJgggvntIll!lij nog ''''' ''1',1o:' , tol teana first-hand with each of the four focus areas throughout the city,and 11 lo,',15gg,ligli,,13 1111'1'''1111!111q0,1 '1°,g,ogogoo,,,Logoo1111?g—ogil!Ologlio, TIIII'llipoisi;;, ,,,„:,og,",',,,,,ggloggi'l'I'InO!,O,„111,11g ,iiiig,:,,:oll,i:i,,,g,:,4111111111;111111111111111111O111,1,11161111 in capturing high.level input frona city staff and the Agivisory Conanaittee. ',1,11111111OP"''' JOI„,Ohg' _ ono 11111111!'Ojo . J:„ , ,„,„orog, 0 iligil!IIIIIIIIIII,,,!Iliiiiii!IIIIIII1g11,1:,1611.gglolil,1„1,11,1,1„1,1,1,,I,11,1:1,111,,:1,11,1:1,1:,,I,:11,,,,,,,,,,,I!,,g,,,,,, ogi„ gl:',1111j1,11'111,11111,11'111,11, 'The teana docunaented the tour using digital photography, and recorded 101,11,1o1111111111,1,1,1,1,1,1,1,11,1111111,1,111yomg Illogglo u 1 J1111,11110O1'11,011111'1111111111111 si 11111111111'1111111111111 1)11111111111111111 J loom o,ogoo ggo ,o'1olog,g1,1,11111OONTO1'1'1'1'1'1„1,,,,,,,, 11,101111111o1,1hvolo on°to ,11,1,1!!1,1,1,1,volollloom 111°1111;1/14 Oo11111101?'I'I'l liolOgoi o ,ugogogoog go getleral observationo regarding key aspects of the existing trail systena. IIIIIIIIIIIIIII!Iiiiiiiitogggo og,,01,,,,,,,loologoo,:!?1,11goo 1:1::1 og ologoolo!1,1 ouollop:,:goog„,!„101,1,1,11111gli An additional site trip was cotlducted by the conoultant teana to further 1 111,1!,g,,,1,1,1,1,1,140,11111111,1,11,110 -,,,,, :ogug;Oogogo11111O111,001OOO11111;1'1"1'110011111101i1110o 111211 loo, 11111111111O111114111,1,„ggo i'1','.0111111!Iliggolog11,1,„ g 1; ^,Iloolookgg,o;j,,,,,j„„jo;,,',',j„, -,o,,g'igoFloglili;i'illol,;1:1'go,1111,1111111,,:,,,golog,11,115114,11ololliolliogg000lilg',,,,,,,,O''';'11'g,"111111joggigglko! deternaitle the feasibility of significant crossings and trail routings. 6 „... During the site visits, the team made special note of the Municipal Complex area.'This property has already begun to serve as the"civic heart” cif Wylie and will likely c ori titime to do sci a develotn petit c ori titimes in and around the property'. As descf•ibed in the Parks, Recreation and / '!!!01,1190,4).•,,,,)0,,,,q,,, ir .11111),11 11 I VO'r0111', Oriel) Space Master Plan, city Iciadef•s have expressed favor for the "Low Impact Scenario" of planned developtnetit at the Municipal Complex. 1 ,00.0,-•• iirric0,1,,,,„,,,,,,,„!,, lt: 101141 .., lig,S'l'Ot:,'' ' '!‘I.1!!' 1,Il , 041',01,!!.!.10,,k!,, lhis scetiaf•ic) endeavors to preserve the natural character of the site and i001,0 l•i j,r,,,,, , • , , , 400,0„,"0 1!;'!,!'lli'll,',,,,,!„1,1•:':1:•'°10*110)00.* to create passive recreational area including an amphitheater„ protected 1111111111'111110111111111111111101000000000004 ,1011 „111,1)1.0.11,11,1,16V,,i'1!i !,Opig 11 11R,. :1111111',',:1',1,11111 wl ),* meadow / habitat , and a trail systc.itn throughout the property'. With ,,:,•,„, rr,,,,,,,i„'„,,i,„,„„rii0,,,r0,01.!,,,,,,,,,,,,,, ; 01110000000000000000000000000000000000001111111111111111111111111111111111111111i1,111,111,111,110 0101,1,V,I,41,00,01•1 utility corridors and adjacent fieighborlieicid parcels left open to the east, ')/00101111111104110 1'''!•11,1,11,,,,,,,,,l,p,1,1,1,1,1,1,1,1,1,1,11111111111110Ill 101,110,000,0010,00,0'0,:,,„1,,, a wide abatidcified road ccif•f•idcif•leading to the.,south, f•oadsidc.i sidewalk ,,,„ •••,,,,,,c lc',1,000,00000,01,1,00 4,11,11„1„,,,,„,,,,,,,,„,,,,,,,,,,, ,, •,,,,4,,4,;;' -" /,,„„,,,,,, .11 -'It,,,,//:;'"'„/'-'''''''f7,17 //11 ccitifiecticity, tc) the ficif•th and t'iarklatid ccitifiectioris to the west, the., -----0,-; -'%-,'7.„it,o,)0-0,00/",/ / ., •• - •• ii - - •• i - r 2:„4// '// g/./"."//7:i7'lf/.71/ k cippof•tutlity 0.0. coritiectifig this civic resouf•ce to a citywide fietwcirk cif I/7,i/ .,., it 000<000 2 • 0.,r 4, tf•ails has gf•ciat potetitial. While the Municipal Complex serves as Wylie's "civic heart", Founders Park and Corntnutlity Park serve as the "activity cetiters" (..if the city. These parks pf•itnaf•ily fc.icus (..01 athletics, but have incorporated a trail system to support park activities. The team toured recent renovations at Foutiders Park, which includes sc.itne trail developtnetit internal to the park and the potential to cornpletnetit future trail fietwc.0.k coritiectioris. In additioti, the team noted that these parks are fairly centrally located wit:flit)the city limits and hold a greater capacity for parking than smaller fieighborflood parks.These"activity cetitef•s" have potential to become trailhead type access points within the larger trail network. Other corntnutlity parks of note which were evaluated by the design team included Valentine Park and Olde City Park.'These parks, although much smaller than the nearby athletic parks, will be important considerations in linking Wylie parks through a citywide trail network. Connecting future trail uef•s to key retail and tcita•it destitiatiotis is 1,,,,,,,,,,,,,i,•, ,1;',01,rill,','"„,,,,,,,,,,,,,,,,,71F:i01,11,11,01i,\ irpl \\0,:ii,r,,,,,,,,,,C,,,i10'!'10,'"Ijj, ...„., "''!!•••i „!,..,"""' rok 00,,,,,0, •°00,020,004040 10 0000,00;,,,,,,,,,„,,,,,11",,i1,41',," . ,!!!•!°,„.1, also itnpof•tatit. The team toured the city's major retail development j,,, •••10,,i0, 00 t p0,00011040,..„00,0 1)",!,t,,100 zcifies following Kirby Rd. (FM 50)4), including the newer Woodbridge 10' '". :„..,„,,,,,2,.... •• • ••••„.,"101 1,410,f, ,„. Cf•ossitig developtnetit, thf•ough to the histcif•ic downtown and along ..,,,., ••iz,„,,,, r," '• • ,i1,14,g,,,/ ini.„0,,,,,r,r,i4.0,i,,,,,1••',,,,00000,010,ia ,,,,011011f,r /01,001,' '" 001,10,••,.„.„.",••,,,1!:1111,0 1•••••Iwy. '78, a primary retail / industrial spitie. In general, segtnetits of ,•,i, 1,004.0,r 10! i,:i•=1,ii,'1010,,,,,,,k„ 407 2,07/'0,11104°00••'f071' f.c.yadside sidewalks are in place in front(..if newer retail develc.iptnetits but ". -!•••1” 4''''' "0040,,,,,,,1000,11i'r(i 0,.,„1„ „j' -7 ,,`C"i'N'""ITI',,j11,t,ir,, there is a need fear wider:, shared-use trail to serve the same devele.iptnetit '0 - rr'"!!!,,,•!,rri,11,111,001 Illi areas. The design team also toured major thof•oughfaf•es in the city that ,ririj 11 are currently undergoing expatisioti, as well as those currently slated "' 1104,iiil 1r4110,:,•,!ii,,,,,,,!1:liliii,i,,, ••,•,.10,011';10,,,,,,,,,,,iiri,,,i,riiiiretr,4„00,1„,,,,,,,,,,,iiii,„:1,1,1,1,1,1,d10„,„„ for design upgrade / coristf•uctioti (Stone, Brown, McMillen Rd., etc.). !,,,c0--...,,,,i,,,,,Hi•- ,,,,r,rcii,r,rruq,I,,,r;;;r,,,, (•!!0',,,!r,,,,r,g,,,r,,,,,,,,,,,,0,,,,,,p,,,r,•,,,,,,, 11111110,1,1,,,,,,,,,,,,,„,„,,,!irk.ii,i1,,i,,:,•,1,, 0.11r,,,,!,:,:,,,,,,,,,,,00111,„1,1„,,,,•,,,•,;,,;,,,,,,,,,,li,lii„, 1111111 ! 000001 „0.0„,, ,• ,,,,,• , ,,,, 1 Current and future thc.irc.iughfaf•e f•c.iutes c.jer oppof•tutlities fcir potential 011.111111.0,0011!!!!!!trail integration along the city roadway systc.itn. ° p--,,,-- 2„ „„„„i;„0„„-0z --2,-----,•„„„„,„ ,„ 7, /7K11' Unlike any other city in the DPW region, the.,City of Wylie is situated „,„0"%i',,,,,,,,,„,,,01., -/-„7/0„ /",,,,,-, 00",•,/0,7,02'" "z,"/„.4.1"7,7!,7.,',..07,0.-'''",-!''''"',°•• - ' 0":1110i101001000111Dil!liliiiiiirilliiill'Iriti,,,,,, „.,: .,...._ :,, , between twc..) majc.if•lakes. City leadc.if•s have expressed a unified desire • ."! ,i!"•-••00,irricir,0000,000)/0? ! "0/20-c ","- ' fez„r - • - - „. -°- - ° ".....,' •• • .—, -- —•," ,• • • • ,• • .expanded • ,0000000,0 (l' '„-;!,,,i-000•/0 000(10(„0, tc) 1)(..L(..)III&..a city that will I...,001)facc., the I...,akc.,s , and plan fc..0 shoreline access for citizetis and visitcirs alike. With this in mind, the 1,1!1,111,r,11,10,11,1„, r A ..O'''41,61110I'?AA ildidalli*lef/fel,f11/140:4r 4114 11,1411b7111/1 Vi 4 pee .jookimill111111,1,1,1,1,111,:i!:,,,,,,,,:i:;:shefindligNA 0,,plosi.It T,,,,o1;11 Advisof•y Committee tc.0.)le gf•ciat care, duf•ifig the., site tcita• to give., the., r/01,P,f":41),40000,00,0100001111111110 VICIllii100101111110,1,,,,11,41,1100a iiii101,00044 dP 1,1,11,,,, , :movimidopipsipliteg.400,00106000 d esigti team a thc.in.iugh c.ivef•view c.if current issu es and opportunities , 0.„q00i,,,,,i0,00041000,000,00, 00 4 V, I 1,::1:1i1111,,i,:tippop,00,10 ltlel!;iihlil . 111101FI i I lin! )1 111111,111111;11,11,11,!,!)!N 11,1,,0,1,1eiti:111111111111i,i ° 01510.„1„.0„,00,0„1,10MitOggipilliii:,11,,,,,,,Igqi,11,61!1110!'100,1;1,' '1 10 1014101,;1?!110i0?,,,„ ', raNitilitliiii,101i'pl )1' at the., lake., edge pf•opef•ties. Cuf•f•efitly„, the parks along 1...,avciti [Ake., 10101011000,"00,0100101,010''!! 010000!00 ., • .'„i„ . 'ie. 101004,o,1,0,1 10010,00,0000000001000000L0001,00,,i0AC01,11,10,1010011 (Avaloti 1-iaf•k, East Fork 1 af•k, arid Colliti 1 ark&Marina) are utidef•the 00,101,010'rj'110111011001,1,00,01,1,i , 1,1',',!•,•1,;!Iiii.,001,!,,,10.10!,,0001,0 v P , d'K(/;11!",11100,111;11:41111, , naisdictiorl of the 1.1SACE (1.1tlited States iff.is o ...,tigitice.,fs .Artny Cc •• ' f 11' °• '-•••) 100,01000;Iiiilo,;i,•01111,100,1,10,01,1111,,,1;!?kir,,,411.•0111000164j,4;/0r,l,410,4,1,,,,:,,,0„;11,1 i - • - - - 11'''1:11,:',111,1,;1110101,1$11i4 0 1000,00.10,,,rililii3O,11,11,11,0;.0,,,,,,,,,0,3!01,°111:001,11,11,,,p,0„41,(0,,,,,,;,1,20,0,11,:1,!,.i.r, As such, the.,parks are gated arid may°lily be accessed thf•ough payitig a use fee. In like tnatifiefi,the shoreline along Lake Ray 1••••lubt)af•d is largely 7 populated by private parcels, nviaking both visual and physical t() the lake limited. 11hc twci lakes are 1(icisely ccinvilected by Skyvicw Drive, a narrow asphalt roadway that run s along the sci u th len] shci re of 11...,avcit]and sciutliward near the western shcire of Lake Ray f-hubbard. Public-use trail develciptnent at the lakes essentially c(invsists cif a well-- used equestrian trail system with scime parking and a small restvicirn ' 'iv, V,v v, II' "' vvo,"*" ,, ,. facility located at the'Frinity'Frailhead on 11...,avcit] Lake.With restricted ' iii9ovvItooSsii00finvologi ,v" I,Vi'InviVIIIIVIVIVIIIIIMPIPIII i Iv III 1,0'l'ovv4,0001110,41IIPIIIIiiiIIIIII"ViiIIIiiilito 1 parking provided, access to the existing trails essentially aimed at()Ile ',,vv,v.„„ IivvivillvIVIIIV,vvivoy'ivvvvvvvivviiii,I',-vvvvvvirigrovvviovvollivvoi,,viovviiIIIIIIIIVvvvvvviv,„„„„,„,,,,,,,,i i ,,„,,,„,„,,,,,,,,v00§0tv'ilivik i lopr!poirippl .11,111111111111111111111vIllt11111111111111 ° 1,111111111m11,12,1,IiiivivA1,1,1,1,1,1,1 „,,I,,,,„,,,,,,,,1 user group (equestrians), and limited visual connections to the lakes, IIIIiiIVIIIii111117/!t 4VViV17h1qIIIIIIIIiIvoilvoVvivv .',''iv,„,v,vvvvvIII'vl'IVVIVV!IvtiavvvvvvvvvvvvvvvvvvvvvvvvvvvvEvlvvvvvvvv'gvvvvvvvvvivvv!„„, it seems clear that the lake parks arc generally underutilized by citizens IIII1A t'ff vl vii11111011,1f,ii‘fil III IV II V 00104,111411,IvvIivvvv,-,7_4vo-vmv,111,k 1 Ipv,,,,,vilIVIvvvvvvvvvvviiiilvvvilivi 1 Iv iv],.fthii,V vvyv v v vviv,,,I,,,,,v,„0 v 1 iv hb,,,,,,,,,,v,loviiimvvvvv vvvvvvivvvvvvvvvvivvvvvv.00001 0000000invitisonvildivon00000,Tvvv, lilltivivivIVAlklikligOkurvIvoII0 uvv@fivill04,011IIIIIVIIIIIIIIINVIIIIIROvuhIVIVII 1 vvvvvvvv,,,,,vvvvvvi vvvv„„vvvv,viv,vvvvvvvvvokd Hvvvi0100, of Wylie and its visitcirs. (111111111PfrOft7010;01811111111110111 I I g 1:vvvvvVIIIIIIIIvivIvivIIIVIVIVIk ivvvvvviv,vvo,,,giviii vvvv'viv'VV"'vvlv'Ilvvvvvvvvv, 411,v;;,00001, imulgiodp,00pt,,J, Duringthesite tour,ccirntnittee members alsci emphasized a desire for ccinvilecticitls to theMuddy Creek and I ush Creek riparian c(irricicirs. lhe team toured a number of localized park trails that are in cicise vicinity to the Muddy Creek corridor, which runs tIcirtli/sciutli through the west side of Wylie (including Crecksidc Park, Sage Creek Park, Ilivetway Park, Woodbridge VVIIIvqIIIIaIv'VvvvV,vv'vvvVvvIIIIIIVIVIVIIIVvIIVVIIIRVVIIII,IvgIIIIIIIIIIIIIvivvvII,vvvI'vVI 94,,Ii 10,,, 1 Golf Club, and Muddy Creek Preserve). 'The tearva also toured 101':':':41,11:11'11',OCIlliiii,N1,111'11114e,11, :!:',:,1,1,1111:1f,,,„A,11:411110,1,1,,,,K:4111:::::::iir,:j111,1,,11,;:,1:,,,,,,„, 44', ,IW, ';''l'I'1,,,'''''",f11 accessible pcirticitls cif the Rush Creek ccirridcir which ruils nxirth/ IIIIIIV'vvvvv'vvvvvovvvdvvvvivvvvvvvvvvvvvv,vvivvvvvvvvvvvvivvihIhvvvvivvvvvvIv'vvvvV,Ih'vhh SvVvv'vvvvvvvvvvvvhvKvvv-ivvvvvvvvvvvvvvvvvz,vmvvvvvvvvv,vdi,,,„„, Ive)„, vvvvi v viviivi'vvi vvv,vvvvvvvvvvvvv,vvIVvvivvvvIvvvvvvvvvvvvvvv'„„vvvvvvvvvvvvvvvvvvvHVVVVVVvhVvvvvvVIIvvvvhvvVVvvvVVIVPVIVvvVIVR,'Vvvvv ilvv':"vI'Ivv'''vvv'VI,v,vvvvvvvv'vvrvvvvv,VvvhvvvvhvVI'vvvvhv,iovvivvvvvvivvvvv('Vvvvivhvv,vlvvv,,,'„"vvv'F'V s(]u th through i Wylie's cast sid c. A ith ici LI gh exiting trail connection vvvvivv„vIr'I'vivvvvivivivivivvvvvvv„vvvortiolvvi vIIIIIIIIII"IvIvIiVviiivilvvvvivevvvivi„,„iv,,,,,v,,vvvvrvvvv„v„vvvvvv,„vvvvvvvvvitvv,iovvv„,vvvovvovo,'v„,,vyv„v:,v,vvvvpv,vi ivvvv„„vvvivv,,vvvvviv)'],„vvvvvvvvivvivivivisivvvvip,,,,,,,,vvvvvv, vIvvvvvvvvIhOVVIvvvvvvvvvh'izvvvvvvvvvvvivvvivvivvivvvhanvvvopvv along, the Rush Creek Corridor are substantially less developed, the 1 vvvvvvvvvvvilvvvvivIII,I„ hvivvvvvvvvvvvovv„,v,i,„v'vvvv'v,vvvv,vvvvvvvvvvovviokvvvvgvv;„„vivv v vvvvv„IvvivvIvvivvv'''",vvivvvvv,]iivvivv,,vvvvovvvvv VIZIIIIIIIIIIIIIIVVVVIvvvvvvvvvvvvvvoivvivvivvvvvvvvov,s'vivis' ivvvvvi vvvvivi„,,v v, VIv'vvfvvIIIVVVIVVvvvvIv'IvvIvvvv!%VPVIV"vvv'vvvvvvvhvvvVvv,„vvVvVvv,v,vvv'iv ,''vv„vvvvv,vvvvvvvvv'IvVIV,Vvvvv„,,v,vvIIII,IvIVIVIII'vsVvv'lvivvvII'vi„,ivvvvvv "vi v", "vivo.II Advisciry Ccirntnittee shciwed the design team pcitential ccinvilecticit]Ivivvvvvvvviviv4viv,,,,,,,„„i„,„,00„,,,,,,,,,,,,,vvvvvv ivivivvvvivvvv„vvvvii„,„„vvvivivvviviviv IvvvvVvvIvivivvvvvivi'-",,„vvvvivivviiivvvvvIhvv„ 1mi,"livitvvvivivivilvvv vvi,iv.iv' , ' v, ' , ' p(issib ilitics through (..)t 1 cci r Law(it] Park and private d cv el cif]rn et 1 ts vii vi'vy.L' ,vvv'vv.,vvivinvviiivivivvIr""vviv;;,i]ovvv,,,vvi,,„„v,„„vvvvvvvvvvvvviv,vvvvkv,,ivvo,„::„vvvv'vvvvv , ',,,v v , „ (vvvvvovvvvvcivvpvvvvvvvhvvivvvovvvvhvvvvvvvivigi' , ''''"v'' .1"I'v i(,,Vvirivr( iviv„,„,„„vvvvvii ' " ivi. such as Bc]zrnatv, Farms where parttlershiris may occur. Both of these vvIIIIIIII"''''vvirIVVIV,lvvvvv,vvvhvvv,]v,lvhwe v;vv iii'i,b,,,iiivivivii'iziii, ' ,,,,,[,,,,,,,M7*,,ropie",, „„ 111,;,), ,,'"1111'(„)) I,y „. major riparian c()rrid()t'S are rich greenbelt reS(ILI Ives, and hold the potential to offer future trail users a diverse variety of recreational 1 activitics such as bird watching, interpretive areas, nature trails, and picnicking, arming others. 8 Opportunities &Constraints After the sit,e review with the Advisory Ci)intnitt&:.e,the team siiintilat.iz&:d the i)1),,,&:.rvatii)tis i)ti a s&:.t.ies i)f&:xliii)its including: a) , li)catii)tis i)f exiting park and trails in the Wylie syst&:.in,:i.),,well si)tn&:.key trail connections that exit in private d&:.v&:.1.i.)1.)tii&:.tits / ti&:.ighi)i)t.lii)i)ds, and b) general opportunities and ci)tistr.aitits identified for trail corridor d&:.v&:.1.i.)1.)tii&:.tit, in each of the four focus area . Focus Area: Greenways &Utility Corridors (....i°I.&:.etiways and utility corridors throughout Wyli&:. 1.)t.&:. &:.tit, the tni)st &:.xt,&:.tisive opportunity for expanding the overall ci)tnintitiity trail network in Wylie (s&:.e page 1 O . °Ihe riparian corridors and fli)i)dl.)laiti,, along Muddy Creek and I usli Creek have potential to link the city ,,,,o,,,,,,, ,) , ,,,..11,„ ,g.,,,11001x,,,,frtgor,,,,,,,j,,,,,,,,,,,,,, trail syst&:.in ft.i)in north to si)titli act.i)ss the entire community. °°1 . . r:(11(1111111111'1111:;',''''unun greenbelt:, are unique natural t.&:. i.)tit.c&:. , and hold the potential to offer trail tiers a variety of recreational activiti&.'s such :i.),, bird watching, interpretive area , nature tt.ails, and picnicking. in addition, s&:.v&:.t.ai overhead electric corridors,underground utility corridor ,and&. &.tii.tit, ., ' ' ° pro)vide itnI.)i)t.tatit open passageways for potential d&:.v&:.1.i.)1.)tii&:.tit,i)f trail (c)iiiie(tic)iis, With the understanding that these greenway corridors and utility zone,,, provide potential connection:,, throughout the city, safe trail ct.i)ssings roust also be ci)tisid&:.t.&:.d. Both at-grade and under-bridge ct.i. itig,,,,at roadways and railroads were closely examined by the ci)tistiltatit t&:.atii. Where height c.,--1&:at.atic&:.),, i.)f 8' i.)t.greater appear to be pi):,,sil.)I&:., an under-bridge crossing i)I.)I.)i)t.ttitiity was tiiit,&:.d. Where height clearances were not available, at-grad&:. crossings were tiiit,&:.d. 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' yr 1 IV 2 lialin 112217,0100,r2;22r ' [, ,,,,,,,,;,,,,,r7p44ii*„., <7 f ,;46616Ooo,6)16..°6 6 fyrY 1 f f ley,--1 161611111 ' f 1110011111111111111111111111111111111111111111111111 -,,,zit INMINI0111111111111111111111111,' D. , 111111111 101111111111e1,1,1,1 of '--1104 1,6 ..1',...11 ' 1,, , 6-6,,,Y6AAA66/6'6Y;',w'2/,',61,,,',,6Y6Y:,YA66.6-AYAY666P474t161" 164 /"6,-7 ,)66 ', o tY6Y166646Y"'Y'606 661Y,"'"'11Ai',(16,16 d'AY6666,66Y6A',1".. I 6,, 6 ,4 66 .46 '1,111,111,111,11d i w PIN , , ,.... 6, ....., 2 , , , .. , 160,....Z1111!11111!IIIII!IIII!11111!111!11.!11111111,1111,,,:7',,,;'.;'.'"1,','.;1.) 1 c) Focus Area: Lake Frontage/Access .Approximately 94.% of citizens surveyed in the 2010 Parks, Recrearion, and Open Space Master Plan cited better access to 11-...,avon Lake and Lake Ray Hubbard as being a top priority for future park development in Wylie. In an effort to increase access to the lakes and supp()rt the "Embrace the 11-...,akes" concept, the design team identified a number (.:..)f opp()rtunities to connect trail users to (and between) the lakes. This could happen by strategically wing a combination of park land partnerships, utility corridors, and trail development along future roadway improvements a identified in the city's current Thoroughfare Plan (see page 12). At 11-...,avon Lake,the three rnajor lakefront parks are currently under ownership of the 11.JSACE with fee access to private areas only. In recent years, the Corps has been receptive to partnering for pa.ssive(..)t.1.(..)w impact recreatimial development along-USACE controlled shorelines. With no other lakefront park lands currently available to the city of Wylie, taking the opportunity to approach the Corps for partnership in developing trails and/or other recreational improvements for public use will be vital to sh()reline trail access at 11-...,avon Lake. A number cd pr)ssible utility corrid()rs/ connecti(ms are also in place, which could provide other opp()rtunities for lakeside trail connection. Existing overhead electric corridors (ONCE)R) and underground water line easements (NTMWD) may provide open pathways linking the western and southern shores of 11-...,avon Lake, Seeking partnerships with these utility agencies sh(mld be encouraged a part(..)f the city's irnplernentati(m (..)f this master plan. Like 11-...,avon Lake, sh()reline access to Lake Ray Hubbard has also been hit()rically restricted and difficult to access. A string of private parcels occupy the majority of Wylie's lake shore and interrupt a continuous public corridor from 11-...,avon Lake to Lake Ray Hubbard. However, the city's 'Thoroughfare Plan identifies long-term development plan for Skyview near 11-...,avon, running along Ray Hubbard western shore to Alanis. Roadside right -of-way may become important corridors for inter-lake trail connectimis, provided they are wide enough for shared-use trails and depending on scheduling of long term improvements. In addition,providing a low-impact,lakeside destination along the shore could be a key initiative in opening the shores of Lake Ray Hubbard to the citizens of Wylie. Given the character of much of the shoreline in this area, there is a unique opportunity for an environmental learning facility to showcase diverse wildlife habitat as well as provide other passive recreati(mal opp()rtunities. li / I/'1//i.,,/,'Y '7 '4,..'v,41../' • / •••••••••,/,-///' „„,,,,,,, ' 1//''/,"- ••,/,//0,e1 ;„„7„, ,71„, / z •,j1/4/A,,,, 7,A10,,,,:4„,0.1,!,;64606•66,!;.,4,46,; / 777,/,./f•••• / :,,,..,,.,/,,,".::„•:„:,„„, ..,,,:!,•.- • !,!!,...,',14,:tm;',•,gr, . „ , '4090!;' ,',.....,:••:,....,; •1,'",1.,1,Anu;•-•''''',6'.'„ - ':00,,,,,,.,•',.',.,',.:•:!,,i,,,,;;;,. ' '''''. 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A�AA� A A \\ �\ y:-A :\ \� - - --, - " te \ \\ ft . =tea_ \ �-- --- _-_ r - -- ti � ,' --\\ z-\\,,N1 \ - \ \ \ \\\��\- .v��\\ft\\. � - - - `- _ - - ��\_ ._. ' \a ,. ......tea., a\\ \:\A . \\\\\\ ti- \` `-- -_ - : =\ate -_ "' ::`�... A—'_\. = 4- - - _ \'\\off \\\\�\-_` = ',: \ '`T.' ,�.\ \„` = - :x�_ .\\ \.. - \\ \ *�\\ .• Nam. -1 \� \ _ ft\ \ \\ \ \\ may\ --_ \ .a � \Ayy\ COUNTY - , Y V- _VA F _. -- -O LAS V _ \ ', N Focus Area: Roadways &Parkways City leaders have estimated the growth of Wylie' population at , 1 0(0 01 0'0 , apprtixitnately 177%over the past decade. As Wylie ctititititt es to gr.()i w, rtiad ways will bectitne busier and safe access fti t "II Agia44i)I1140441)1410# II-III IIIIIIIIII'''IIII" ig'IggIgg"g"gitgItliggk' " "I,, ,,, I pedestrians and non-nmittirized vehicles will be increasingly h important. A notable goal of this study is to provide safe, ,' walkable/bikeable ctititiectititis tti city destitiatititis that are gI10/g 7I%g 1),)))14'10 fl,v,))0/11yr,,,,,,100„„,,,,,,1„1,0,441(T,e,-4.19,74514,1))fr,---gg'„,,,, gg*ggg„, " ''--',--- tc)day tntistly accessible 1..)y mtittirized vtgliticles. At) imptirtatit )ifpy#4,04,414e),':4)4g 10,4,pp,,,,p,41119 1;op crop ini.i3O 1,,,'I,iio r; , ' //z,;, 4 10110pL4e;,,,,7, ; opportunity in developing tins master plan has been to integrate g4iigq)014q)g,,,,,,, gli, g)10i4g)gog/A,i(*(044,1,0figt011 pi ,it4,001,":fi ptitetitial trail ctirridtirs with the city s current thtingtighfare ' 17,ifillifiliggle1IIrliklill1141)4111)01)(44404.0444)Mgl).tIgg";III g , itnpvivetnetits plan and design standards (see page 14). r‘itigllit v4')/440,4,4g41)0)4,grOIlIpPigiiigI'10,1441440440Irgt ;,),,, ee#4 freilligi#11,0elligitg' g1404),tifiegt4i,"quo' ,)/ro: ' „,1m),4,44:14wor„,ii,?1,0,41;"",,,loi,,1,411o,,rholicA„,r4,,o,i,,,,Alioopioph,,,,,,r4,,60poopi i ,, Aftlnyugh many of the city's tnajtir roadway expatisititis were already under design or ctitistnictititi at the time of this study (e.g., McMillen, Brown, etc.), key roadways in the "Ihtirtitighfare Plan were evaluated for tipptirtutiities to develop slaared- use trails within existing or planned thoroughfare rights-of-way. The team evaluated potential titirth/styuth and east/west connectors,as well as long term connectors (Skyview) and available railway corridors. During the evaluation prticess,the city engineer provided valuable feedback regarding current right-of-way widths, current sidewalk design standards, and potential for future right-of-way expatisititi. ,,,,,o / -11/ /01000000000000, ]1,110111,01011'1 i 11{„,„11,411,1,11,,,,,,11,,,,,,,,,,, ;;;1,-„„-„?,:dps.1111110„„‘„,J0,,,, 11 1 o ; 2 7° - ;';'0,0-0000;10;0011000:011,000,11101001000,„001,00„40„1„',,:„:00„,‘„;;;:,0,100000;0: ,„,,i 10,000;01 i,;-T- ,, ,,,0,0 0,„;,,,, -,,2„,,i- -- "'" ' loi01000;20610,0014041011,0011"" '4,0000009140000000;,010i00000'00014401,0,0,01;0$000;""i011';';'4 010',,„0,100„0011 „ ,„,„, , , „,,„/-%1/0,-,//'/-- 0--,„,10„0„1„ft„04410001011110,0VO4010000piqJrnikteill;:;';‘ ,;00000400:10,010,001400040i10;001001100040014;;"'"';' ;;';'1:1'!1',0 0'00;":0110 1'00,0;111 1 oll 010 1111110000,00i11011011111110i101011111111110141111000 ;0„;0,000,000;;;000#t*,10,;:,:0:100400 A„ ,; 1, ,;'':iv„,00001' 0 „.,„,,;1 4,,;01,1111001111111 1 I 1011111111,11.11.11100dAPIIIIIIIikiall"" 111;;IR:00e00;0,0 0:00,::,,,,,„:::,„45;„„;:, .„,00'00"0„,h1'„III',,0 0,10`,/,1'0 0,001700:0';;00:0000;:,,,,, 0.1.00,000ilifilifitoPi ,„N;00t,,T0000w00000,....000000.0000000000000000000000000000!11,00 1,i0041.00,1400100001 ,,,„„„1„1„1101140000010)1000000001,*0100004111110„1„,„01001 1(1 Ihrt0000! ,,,,,;;;,0300,,'„;,-0:10t140,41,0ren 11111011llid ii11$1101101,11,11,11,16iiiiippiiii11010,004110*1'' -;;„. 41001:00,0000000,000,00104,0,00;00,,40001:041110„,00;001.0060100i;' ,0„,;,4,0,,,0,„, 40a,00,0,004000100,000„fifito,000;y00000, „„,„„,,,041011i1111105,RA011417iFIIIII11111110i1011011pflgi111)1$11k0f1:0" liry II,',„„000,11,01000 F01400r0,01,',,;0050„00L„,„„ 0, ; ''00; '' ; „,01.1.11,10,1000001000000000001,HI 11 000( 00,01,00,1,1,1,0,1,1,00„„„000 01000000000,000100;0000„,"„ „lup nag, 111001,1111111111111111111111111111111111111111111,1,1,1,1,1,1,1,1,1,1,,1,1,1,1,111511111RE !P 1,1 y,11„um Hier ' Nihon°011,11,111111„e!'!!!!!!!OliglUilk, Amtdiopo0,1,1,g,ipii.s„, 1 1 II 1100'wit li ii11111i1i1lili li I 01"""1"11101114,(',no 1 MN;,g101136,,'„,,n',,,,,,,,iy^TCillIk 11141,111'111401,2044:,:b'Aii„,,1 IN k p r 0 ud 4119 II,Iii,ogillIll 4 Mliad111011000110 L''''''''Clqau gig si Ili 11°1110 girl'IM!!!!!1!tit Fil iNg 111(1 Iiiiill,1, PHI,?11111.0411))))iii 1'l'',15511J1111111111 0611111411111t th11111,1,1,1,11110111:Xilin1011111.111tigi i,i li,i iliglI9'; 1111111111, if 11111141 I g u'iIqOiliOINipOgirogo,rgpo!)„po'' obliplo 11111Ris!:!:01001410t4111191,,,,,„;;110:11,,,positi, 'Ill tioloirtppyll, M 4 y 111,moigArigiadillIfffitg I ,1111111,011V)111 tIMNNilli,'IgtiIl'igilpNitIIIAIIII?1111!1!1!!l!11?1114,ail,1!4P40,11,1j1,I,Ilj,di:glg 1 1 I 1 - - -- \'\ \\ ass " _______5 1 \ 1 -..-'X'7.-k\ , ' ' ' , yam:,\ \y \ ®' \ .. ., - - _ `\\ -tea ,\�\\\ \ <: ,: �� :_: - _ \. - \, ..�\\: _ \moo\ \� \ L,,,,,_,_„,":„.___2_',\\� \ ' \:,-te \\\ .�� - ' \ \\\\ \ �\ �...\ -- `� \ tea\ -\\\ \\ \\__ \; - , \ - \<\i _ — - .per. \ vwerlir \ _.\, \ \�\t*_=, \� \\\\4- \ \ \ � �\o - _- \ ' \\\ `- - \ \\ \ \\\\ \\\ - _\ = - u-„ , -,, ,,,,,\„<„, ___,,,,.....__,t___ \„, ,_,,,,,,,,,_ „:„, "„,,i.„.„____-,45,,,,Sift-- -:„,‘,-? - - - - \�\., -tea \\\`�-�_� ..-�-F--. `_ \''" � �\�� ��� 1 � \ \ .\\� - ,_ a \ \\\ \ \- - -- .... \\ \\\\ \\ ___i 2 �' \ _ = Focus Area:Trail Gateways &Intersections Although foundational t() the vist()thd for a citywide trail network, I.)fd()vidithdg c()thdthd(.hctic)ns between city (i(./d)tithdatic)thds and thd(highl)()Iii()()(is „hoididldiih,)" „„ i iiiiiii hih hh„i,ihh„ii,dhdhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhihhihhihhihhihhihhihhh,h,h,h,h,h,h,h,h,h,h,h,h,h,00000000000000000000000000000000000000000000000000000000000000000iiiiiiiiiiiiiiiihd I is only one facet of a schcc(.hssfill trail syst(.htti. Equally —vital is the ihiiildhiihhhhh4hh'hidihdhihih 'hhhiihhhillh',IIiiihhhhli'hihlhfil!;!hihh;Ilthhhrhtidh,111th.'''!,,lhhh111!Ohih, ii1111"11Hilillhlhollil'l'\'*11,1111'1\,' fdd)00,0;di,phimlightikiiiolhhidhhithhhihhihiiiidid iihiihodd'hy iHh cfdcati()thd ()f a syst,&.Nin ()f t fdailh(.h ad h/), access p(al n ts, and in iderdsecii(h I hh d;th,',1hiCiihdh,hhhhd0i,ii'l'hh'°h0110/11111hfell)hdhh11110000010001holoolooll / glrli,,,,,piolit,o„16gr,pili! tfd(.hattn(.hthdt.,) that work together within a fatnily of design (.h1(.htti(.hthdts ihihh oohihihhhihhhhhhhhihihihh'ohhih,ihhhhihhhhh'ihhi,ihhhihihhiohilhh'h'h;dddhhhihhiihhhhiiihhhhh„ throughout the city'h/) trail network and roadway y N sst(.tti. lb , ilIdhhlh,,lhlhihi1,1)11',11,1,,,1)1,!:11p„"?1,,k;1',),,11!,1111,1'1,11,111,1,1,11 vlov(111:,111„„1.1.1,,,01,11j111,1„1,„H„))1,1,1,,,pI ' 1:,, ,,,,,„ 0,111'p'i, v W,'4 n,,,I,,4 l' odsiiiihihd Iii,,,,i)h„,„ iiiiiiiiiii i hd,,,iidi:dd(did ,i/od '10 J, hil hhhhhoiihhhhiiiiiiiiihidiiii ,a(.v(.1.11 tfaillic.had / gateway / ithdt(.hfds(.hctic)thd locations were evaluated ./;"d///4°/,f( '11'ilil',Ii'''hiihhhhlihilliiiiii'hihlifiohilhilhilh hihthhhhhh,llil°°i!hlihh hih'in"hh"hhhid'hi hd'1'151hT11111! r, ,,, ii6„lat,lifiloolie , ,, a,v pc)ten al trail acc(.hss I.)(hill is„ pt.i I,ar . )hdP 4#,,,11(11' f/71 11111100000011111011001100001100110110100000000000000000000000001111110001100001.1111111111,0,1 by the t(.hat / N „1111,11,1'1111WiIIIINVIII y ()I.)I.)()Itchthditi.hs, . )0,h driddidid didh/Ji d 11111111 1(000000h00hhooholohohohohohohohohohohohoordiiiiiiiiiiiighihohih,„„ii,„„„hh)dill,h,,„,,,i,,„„,hhhho ophooroh„),(1,phhioi, h(4.0 l iiihohoiiiihihiiiiiiiiiiiiiiiiiiiiihoopiiiiihhhihihhodihihi„,f()cchs(.hd more on v. isit()Ids to the city and connection between major ,hh,hh h,hrdhhh'/Aid,),i h,h,ithh„i,l.hhh,id,,h,,h11h1,1i,di„h, 1'.100011l011,01100iii,1i11ii0iii 0i oodhiiiiiihdivighihiI iiiii,hiddiddiliddidhuh)o city destlithdatic)thds, were identified along the"fctat'1 indutrial Tines of FM 544i andI '78 c I wy . secondary ()I.)I.)()Idtchthditte,, f -.) ocus(.x.i ttior(.h on f(Isicettial trail ts( and c()thdthd(.hctic)thds to t (i di ()fii()()(s, were a ( identified (See page 16). While (acht,idc the cope 'I V . . s of this study, it will be an litnI d for °.)()Itathdt stc ) cityleader, d/ ° '.1. .) tc) brand a unified city identity I.)f()dgf d atti, and deign develop ' '.) guidelines for a range of city gateway , at(ways, i'ttc Id/vccti' ( t.,), and tfai°ll (ai tf(att (tt that 0111111'1,1,:„e1131011111111111, are unique tthe character o character of Wylie. F() conclude the athdalyh/)th/)I.)lias(.h, the design t(.hatn held an interactive work eion with the Advisory C()Intnitt(.he t() review the lithdfi)fdtnatic)thd gathered duringl)as(.h tnar)r)lithdg and the h/vit(.h tcatifd, as well as tc)di!`vC:LL'O`v trail c()Idfdici()Id()I.)I.)()Idtchthdities 8)0.c()thdstfdatithdts ah/) sh()wthd ()thd the analyh/)th/)exhibits). Feedback received during this)w(.)fic.h/)(./d)h/vic)thd I.)fd()vided thel)asis fi)fd the next st(.1.)in the tna.,)t(.hfd plan I.)fd()(,-(./d)h/), an ()v(.hfdall c()thdc(.1.)t thd(.htw()Idk plan. hi d' d iiiid, hi d d didd Ihhhh, d i lic,„, h ,,h hild„iihhhh h , 1 1 111 ,,141111,,,,,,hulil','11111111111111''11iV11111,11111111g1 111::"I'111 1111111 1',,k , 11 ' 'i' 1),11111M'111111, '1' 414 ,,I, 11 1111111 ,/ ullo,,,,,,,so ,E11111111111111111111111101110iTtoirtmo„ ,,r, ,,H,,,,„1 , !'1'11:1„,1 'lh'''1001111111,11,1i1A , , ,,„,,, 1, 0,0#0,00;figroir..4s.,,,,f,-06,,,A0,04 11',',);;J, ,,firo,1,,.\',[ 11!',J 11,1,11,11!,1,1,olly:FEENEEN, i'l "'1"',1)11-r'ki,)P),Ir'''''r))'("''')')111)A) )1,)+1'ill'I'lli)1111,,)))1()Iiiiii,)!) ilf,' '‘ii,)1 ,,11001011,0,111i)„,),?),i'llifili4!1111,11,111'11111111111,1,0,',,1,,4'': i ii11111,E,,,11:! II Inumitivis: ,!„,11111,,,,,g,„„,,,,1„1.1110110001010111,11111 doiltriii gih' 1 ,,, h, ,,,,/,/.1,tto 1.ri 031' i //,//„;,,,,„,,,,„,1„„„,10„),givologiliod111114,61111110„111111F:1,1,1,1,111,glii:':Fil,1111111111110111111,5411.1.11,1101000,1,1,1,1,1,1,1,111,111)00010110001imosimum 01100:11,11:1,,:11,::1111,1:11.1.0.),holIc1111111111111 11 IN,,::.,,:,„1„:„,1„„,1„,,„!!„,„0,00,1110,,,,,,,,,„„12,11„0„„oriivIIIIIIIIIIIIIIIIIII0100,0011,001,„(01§01,11 lo 1 0,01.1,11,001160,41„, - unifil'71(/,/")', jt'(14.0111t1111111!11111'1'1'1'1'1'1'1'1'1'1'1'1'1'"l'l'l'l'l'I'I'I'I'li 11 millompoolh11,1111111101,1111,0011,01111,1g1,111,1„1,,,,,,1„„11000000001111111.1.01 , 11,,,,,,,,,,,,,Oligaiireoll11,,,,,111111',!1111111111044411111 '001111V1,1,1 111,1,1;1,1 111111191,,,,,,,O,),iiI,11,1,1,1,1,1,11,1)11i';;;I'l'I'llil'I';',11110111111,‘illilyIn'I'l'ill11111,111gilAIIIIII'!1,,11,1!111111,111 j,Ijiv'lliill°111 1110100[0111111111fi vi00011000000holkolloilou1k0111,1,111„111111:„ wn 11'11',;1111111111u,?,;„Pl'Ii,,,a,10;„14,111 111!!th(1:11,!'ll'ill;4111111111001110i1;1111Sgq,"ili:0110:010,1'0110"11!""fl;;;Iki 1 ii1,11!"I'll'iii'l'I'l'ill1111,1,11 1,1,1q,111,1111111R01,1„,,;(14:1,1,111,111,1111111111111111111111!:111,:icuill,111:1,2u 1111'111"'Idll'l!lifil/i" J /?''rf(111';,'''':'1',111'il'i:illge61111,1171711,111 ' !',4,?„111111011111,111111 i4(01,Ilitl,,,41 Ill,i,igi LI Ili h„, iii„ihhii'dhihh,iiihiiihih'hihhhiiiihhhhhhhhhghdhlihj'hihh;!hiriii'hhihih'hih,ii hhhihhhihhiPhOhligilillii11/140illiliiiilhhhhhillillghhhhhhihhi01101!!!1111110liiiiiluilhgihiiiihhigthdhthihhhhhil ilj lih 1,1[11'111)iilli'll'il'il'illiiiiiliiiiii1,!11,1111111111li11111,1111,11,11,11111111111:111111111111111111'1(111111111111 II 1111111!1111111'illlilil!1!1111111111 11111Vnii(lYieflill',11.11,0;',:'''''''I'','I'll'1"11''I'',',:',1';''''n!!,',iii,:i:li'l'Ill':1114j1111!1,,,,'''In:11:1::1:11111;',11111111 ',"11!,i',10,111,,,;:;ligiligliplItiii';11111,11,1!,$11,441d0,4g111!,t$1110I10011!1,1,11,,,;liiliiii;S,,:,110141iiiii611,1111115001gili,11111;111:1,111!!1i::,u'llitl,0111't:)',11,11111'(11111111111111111!1:111:1'1'111';ill ,,1,10,!,0)jj1111(11,11'1,10,i111,101,1111,10,[nef,t'I'1111111111111 ill1111:111111011111111i11111'1111111112.1 linull',,,Iiiie 1,11„,1E,It,i4tP,,'?),Y,O!!1!1?1111!111,!, ,,,,,,,,,",,b,,,,IiIII1,1111,1111,1111,1111,1111,14,111t11101SIN, 1 1)11" Silid1111111'1?IiINII'ill1111 Hylvil,u1,11?4,14,,,,,',11,11jr2,','''''''''j'7',751 [1%gt,',)11(11,',IPOI'?'''1111,1,1,1,1illf11(111111001i6ItIli:,1,114011111111""'?',1,ilc,,111111111111,1,1,1,,,k1: 111;1:11'1'1'1'111111111117t11111101,1111 VIN:111y11,1,111,111,1,„1,1,11,1,1111111:1100111,00'5111111A1:4:::;fii,C0101'111,,,,I,111,,11111itINIPI'4111111110111144iG1,1111,1,1':',,,VISIVIIIIIIIIII0r,1,1,1,1,111111,1,1,1,1,1,1,111,1,1,1;,',1;;;; 1,1,1,1,111.111111,41,01.1,0,1u,N114061,11ipp:Okt,'ul,$:1,:':',11!IV:,',,,h,l,,, ;;111141,1,1,1111111'111'111'1111111111111:11111'111C!C,:501'111'1'1'11111111011,1,1,111,0111'il',11111111111))11,e,1,1 I 5 - \\ \ ~°\\\ \ -11 \ ' � _.., �. \ .a\\, \ Gam. \ ',_, : ter -- - -- tt ] N, � v � v .- _-_ - _A HIM-cr. "ve -- v V i y *.:y ..v ticy7 � y 77,. _ _- v — :� _ v �y7,A _ 11 'V - y _ma4\-„I\',Avv - imV A- \ \ -- _F-40E— \ =. **7.44 - \\VV �� yV - `v� v am - � Vv ,* � A\ . \ -yc ,� v A mas '� vV vV v �tea=��`@ - - � 71. � \y ` � ��\ �\\ 447�' - -- _ s ,„„, ,,.‘,, \\ ,,-,,,,,-‘ ,,. „„,:,,S,',*51 -''''',Z \--:''\' ' '-; - :--'''''' ''''' ''''-- - ---'- - ,\- \ ,' ' .___TT, c-.7 TT."---------_,77: \7-4/f' . a-- - JL_3 r 1 -` _7 ti Phase 2- CONCEPTUAL TRAILS NETWORK PLANNING '1110000000000000000000000000000001 "1110 hll .:",'',.i,„,.00 ,11i,„1„1,11111111101,111,14 ..40,1?Ij.io. 1010001111 11111111111111,.11,11,11111.1 0111,1\111111111111111,111111111111111111111111111111(111„1111::;.,.., r. )101!„:„:111?Liii,,,,,1:1;.,,,.1.:1.:.:1..,:l..,:l..:1.!:1.!:1!::.1.1.111111,,,I,,I,I,I,I,I,,I,I,11:,:,,!!.!,:1!,.:1,,I,:1,1,.1.1 The design team incorporated trail corridor cippcit.turlitics ft.cirn each f the four ficu area i'.nto (1) one C...aincert• aI Tt at° Network lan 1001000000000000000111111.:',":"•1,011,1„!.",, - ,,,,,,,,,,,-,.. ,..„,,„.,,,, 1,101.,,, ',',' 1 graphic capturing a range of corridor oppot.turlitics throughout Wylie. • ,, 19,1,1,1,1,gy,,,;,!,,,,' Where potential trail connection routes are interrupted by property ,,,,,,010-,,-•?"11116 S.,4"111 , "4,,o,.... 0,,,' ,u,„„iii,,,?.i) „!.!.:.:!.,,,,,,„,!,!,,,,,,, ,,,„1,. ,, 40' .,1',1; — .. ,,o,....,....,,,,,,,,,,,,,,',,,,,,w• bc)1111dat.ics not currently under city ownership (private, E'r I, etc.), to,,,„'„„,,,,,.-',..."'''(777,,,,,ioifig7m,:o.o.-,!:,,,;,„„„..' .,„.,00,11.0;..„..„. Homotfitip!,L..7 par.ttler.ship cot.t.idc.)t.rc.)utcs were Exited in c.)t.d et tc.)prc.)vide develcipers, '''''‘',1,''t,,,,oia ar(4,1:',"19 /41aa,, ,P,a'•1011,11110iii"'1;.",""1"."..,,,,", .. . . .. I-1(...)As, private owners, and others an opportunity to partner with 2-A,,ra,,,f(),,?!. ,,,,,,,„, „, . , ,;(' tv r, the city'. Such partnering will expand connectivity throughout tile ''''' ''' '''',':;\'''':1'.'''' network by granting public access casernerlts, donating or selling - '''''-tts.:1,4,4 r' ''''?1:111iiiii,„,„' ''''') land, or privately developing trails for public use. The Advisory Committee stayeci involveci thrc.mghout the planning prc.)cxss and reviewed the c.)ver.all corIcept tietwc.)rk to provide ccirnrnerlts to the ccirlsultarlt team. Once t.evised, the consultant team held a Park Board Briefing and Community Meeting with citizens to receive input and cornmerlt regarding the pt.ciposed tietwc.)rk plan. Details c.)f this cc rIce.pt plan and planning recc.)mmerldaticirls are ciiscussed in the tlext section c.)f this master plan dc.)curnerlt. Phase 3—PRELIMINARY MASTER PLAN FINAL TRAILS MASTER PLAN Tc) dc)cumerlt the planning prc.)cess and begin t(..) ciutlitle. ,11,1r,a/Ai(1/Ii ,-„'„y(fie , ,,,,,,o)yer x,,it",;'/Y'';'Vijmo,,:,10,1.,.;!,'':„. reccirnmerldaticirls regarding trail planning in each of the four fcicus Nom) lio,Loo-Vzbjmoi.O.,f,,,,(4,.,...,.f1-'rdi.'If-i11,/.,--y4f,,'7,7,)/Jroi' ifflookiiiiiii)dom#PM,,,',1101',11(','14F))'iion, areas, the desigti team pt.epat.ed a Pt.clirnitlary Trails A/taster Plat) prei..,^"Ipl!,4,','0,,,,,,1,,,Nflure,- ,''1,,(1,,'X',1,14 )4,11(6,14/:),0,)!,,,,,11,1! , Lv11,','Ii.1111 Report. 'This t.cpcit.t was t.eviewed by the Adviscit.y Ccirnrnittee, Park 44100e/sA6d)H/Issi,,x„-,,,, Board, and City Council for revisicirls to be incorporated prior to ' final review and plan adoption. III !.'? !':11i1:1;;I:C7','(,1/41''''!'!,,',',,';',I,',I,',';',',;:,:',',1,,,,,:;°11i,,,',1•,,•"•',•,,,,,,',,','''''''''',..ir'll,,,,,,,ill;h:','''.'1'.1'''''' )ice final revisicir were rrade, the ccirsultart team cigaged the ,1''',,R11,,\,',,',,,1,1',1,i,),',.1,m1•1,1,,,,',.,,1",,,:,i'll'I'l)1!!k1''!1'!1'!1''!1'!1"1"oi.''!'P' Acivisory CcirnInittee, Park Board, and City Council to tview the - ..... , ..„,... „...final rriaster plan recairnmerldaticirls and this rriaster plan as a base guide for future trail segment implernerltaticirl. 17 Planning Recommendations The planning recommendations in this section arc the result of incorporating evaluations made by the Advisory Committee, city staff, Park Board, City Council, and Wylie citizens. The following section provides a description of the goats and recommendations proposed to develop traits in each of this study's Four Focus Areas. White each of the focus areas present a different set of challenges and opportunities, each can he evaluated by the following questions: GOAL: What are we trying to accomplish in this focus area? LOCATION: Where are the opportunities for trail development in this focus area? STRATEGY: How can we accomplish our goals in these locations? PARTNERSHIPS: What other parties might be involved in implementing these strategies? These Four Focus Areas provide a framework for development of a city-wide trait network. Various segments can he strategically implemented annually and in close coordination with other city infrastructure projects. Recommendations regarding trait locations, preferred widths,surface materials, etc. arc summarized in the following pages. A graphic summary of these recommendations can he found in the Appendix. 19 Focus Area: Greenways and Utility Corridors GOAL: 00,00000010',0 ,/4°', ",,0',. ', 1111,1,1,!,,,„,,I1'l'11,,„,,,n,,,',;„'plie4,„ilt 1 '' '"''';''''',11::''n1'"' 14)`"'''''111111111111111111111111111111111111111111111111111111111111111111111111111111111 Utilize greenbelts, drainageways, and utility corridors for trail system ,,,:o ,,, 1111,,,,,11111„,;11,,,,11 , ,',41,,, on;11,:'Il'In,,Ii111111111, Mr, Ilf 1111 1 11111111111111M1111110iit 1"1110000000000001110000000000000000100000000000000000000000000000000) connections iehmiil0000000ioI000roiVIIIIIIIn000aoazoaoaoaoaoaia0000000000000000000000000l111111000000011000000000001111Fllj 1,„„1111111111111111111111111111111111111111111111,„1„111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111„11,1 h::'51?"1.1'''',''''''llill:','''''''",,''d;,T'11!!11111111111IIIIIIIIIIIIIIIIIIIIIIIIII'1111.11.11.1vdmiiiiiiiii,mvite IIIIIIIIlliliiiliiii 1 LOCATION: ,o((,n'l'1,f,(,(j(,pp0E" ;,,,,„,,,,,,0000,I,I,y000000000y000000000 Iiii,n,',;',1d.:1„';,;',0,,,,,Yt,,,,„,„1,,,l',',,,,,,,,,,,,i4,!;;;;,1„,„„„„,,i,;11,10,1,01.1.10,,,,,,,,,,,, 0000000000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIVIVIVIVIVIV,11,1,?PiNomuu"""ilino000000'1',110v0011 J(,111,1,111,1,1,1111,11111,121:01i:1:11,111,11111:::11,4 11'''l'!!!!'!!11141111111'111 1 0.1111101'!,1111111110L0,00,V11;1,1„ • Creeks (Muddy, Rush, etc.) • Floodplain Zones '1,,,,,,,,, 111,1,1,1„1111,,,,,,41 1.1 1.1:1,110',10•Utility Corridors(overhead electric,underground easements,etc.) 0 111,010:'!:::,,,,(1,11,011,1,111,11,11,11,11,11,11,1111,,,,,,y! STRATEGY: Identify utility corridors where partnerships may be possible •Newly constructed water district pipeline • Overhead electric easements • Railroad corridors with open R.O.W. • Other utility easements „,,f'„ 1111,' ',•,,,v,,, 4,,,,1,„,,4,1100,.,,,„'Ik° ,,,,,r,,,,,,,l',o'',,,,,',(,,10„,,,,',„!0;,,n,;,!,q,,,,,,,,,,,,,,IIIIHI,;,,,,,''.,,,,,'11',1,.;.,111,,,,,111,1,,1 PARTNERSHIPS: Encourage private landowners, utility companies, counties, and neighboring cities to partner in developing expanded connectivity in the trail network As valuable natural t.t.Nstitit.ct.Ns, the gt.t.Netiway corridors through. Wylie ctitisist primarily of floodplain and riparian corridor, along Muddy Creek and Rush Creek. Coupled with this are several overhead and underground utility easements that provide a number of opportunities for trail network connection throughout the city. innhe creek corridor and fiitidt.ilaiti assticiatt.Nd with Muddy Creek '1,;. l'i' 1'",;1111,n1:11n„„,:ni„,,,,.„,,,,,,,r1,i,,11 Iii'll'lli'ilip'n'iniin,Itl,,,,,n,Iniliiili,n'llrillil ,,J.70,, ,,,inlIII,Ittiii,1i,n11,1)1111,,,',:,,',,n;i::,:z '''',''lIL,,,,,„ offers potential for a tnajtit.titit.thistitith trail connection through the ) l wi.Nsti.Nt.ti portion of Wylie. From Parker Ro ad st.iti th to M cM il I t.Nti, a st:t.ies of parkland trails and tniat.ttit:t.shit.is can link the northern edge of tile city with th&:latgt:r trail network. Front McMillit:ti stitititwat.d, lit new trail st.Ngtnt.Ntits can connect with t.Nxistitig trails and provide trail 1111'111111t111111111111(11111111 II1,11,i11:1'Lltliinnt ,. hnlil'I,In'',1 Ikto 11,1 tiers a link within an important cltistt:r of civic dt:stitiatititis --- the Municipal Ctitnt.ilt.Nx,Wylie I light School,and Founders Pat.k, Within the Municipal Ctitnt.ilt.Nx itst:lf, a network of hared-we trails, nature ',, ',,,,l'In'(, .ii: '- 'n',' trails, and civic d t:stiti atitins have potential to become a sigtiatti t.i: d i.Nstitiatititi for Wylie citizens and visittit.s alike. Beyond Founder Park to thine st.iti th, partnering with neighboring Sachst: and private tiwtit.Nt.s can connect this community park destination with one of the Ititigt:st ctititintititis trail segments in the Wylie systt:tn, tilt: Wtitidin)t.idgt: (it.)lf Club tt.aik,. And, the remote Muddy Creek Pt.i.Nst.Nt.vi:in tit&:'S()LI t I 1&:'I'I 1 edge of the city limits can be ctititi&:ct&.Nd titt.titigh tniat.ttit.Nt.shit.is witit private owners in the city',, 11'''',"E.J. In tile eastern portion of tut: city, Rush Creek is atititht:r creek corridor that offers the potential for developing titit.thistitith trail connection , Ft.(i In On cti t.-I,avtiti Park southward act.tiss Stone Rd,, and through the Btizttlati Fat.tttn,, development, partnerships with land developers have potential to link a tititni)et. of Wylie residents to parkland destinations (Avalon Park, Btiztnati Fat.tns Park), sclititils (Akin Elementary, future school sitt:s), and even Lake Ray I Itiln)i)at.d an,, future lakeside dt:stitiatititis are planned and d&:'V&.N I()1.)ed. 20 In the central portion of the city, a series of parkland, partnership, and rc)acisicie sidewalk connections can complete an important 110(....)rth/ , south corridor from the active school/park hub at Community Park :0,00000 southward. Following drainage easements through the newer Twin Lake / Southbrook Park and connecting to an underground ewer 10000,0000000,0000000, '''01100000000,0„,,,000000000000000,00i-. eas em en t al o n g PI cos an t Valley lc ad, there is pc t en tial to co n 110 ect 001000000110000,0.0 0..,.....00000000,00.00000,,,0 i0100001,0,0000000-0000.00,000000000000,000,00,0000,00,000,000„10,000,0000,00,, . 0,0000,4,04:101010: 00,0000000,0000000,000000:iiIii— :' ,0„..-iii010 I '0 0, 1 0000010,00010,000000000000000,0 trail users to the Muddy Creek Prese.rve. system. Draitiageway .0...0010:0000000,0,001,04,001,010 ,0!;: 10010000000000000;00-0.10.100'z'iii-i 040000,00000011011,00000,00000000,0000000000.0000,00:0,00,0„000.00,000ii. .., . 00 111100111.1000000011101::11111°00110,-11000 connection opportimities friay alsc) be pursued thr(yugh partners 4 hips iiiiii 4.,i0;050-011', ,, ,1.00,)i'11•-•ii:::000i0.;00iilif0i,i<0<0"ii;,..000,.i-lf.i.„;000I,'0011010.00100000000010,1101III:0'1110''I000I010II0011001000000000010010010000000000:00001010001010000000000011:00,110„0"0001.i..„:,0000,0000, 00°1;71' 131k ' *%,"ii0iiiii,i";0100000000:,„00000000,0000000,00000000.000.0000000.00,00.00.00.0000000,0,0000,00:00.00,0000:00:000000-0•000 and parkland development ffilfri. WA„ Allen Blvd. through Pheasant i 0,011000•0!,0,000'0001001010,00,01100000001000100:00,1„1,0,01000„,„010.00.0 Creek Park, across 7Froy R.d. to Lake Ray Fiubbard. •,1,00:100100.0001!,00101 0000 1 While creek corridors in Wylie are a rich natural resource, various utility corridors can also play a role in trail network connection thr(....)ugh(....)ut the city. Overhead electric easements and unused railr(....)ad corridors can pr(....)vide vital east/west connections. The Municipal Complex can be connected to existing trails at j(....)el Scott 11\4etnorial Park and beyond to the NTI\AWD (North "Texas Municipal Water District) property edge. In the same I:fiat:111er, Avalon Park can be connected through a partnership to the north edge of lake Ray Fiubbard. Additionally, open railroad corridors tray present potential for tietw(....)rk connections from the city's hit(0)ric de...)writ(....)wri to the Wylie Lakes Park area. . Frail development in these greetiway corridors and utility corridors will .„ 0000 , 0:000i4,J0 00,01 i0;,, i.0-0,00000,0010ii iii0f00,0000, 0. 0000000000„,:!0000 i0,000000040000000000100, i.. .. . .0„..„„ 0: large portion•00 -ti the future -,., • -,. - . °• Wylie.° Each ! !!!!!!Di.11,101 ilii.... 0-L.'.4,,,,,,oc,i! !.,,.,„...„.,,!!,,,.. .,,,,, ....• • co II ipr t.,,t, a or n ife trail network in Ill 1010,1:,,,110101jifi,00.11,,i0,,:4,015.10000 1.,ix I 00 0000, r00 „.!::,0000,00..••000:0000 111110 proposed segment will have t(0.,) be evaluated cle)sely t(0.,) determine site _000 II0 0,0!IIIII00.1111,110,110IIIIIIIIIII0010i!.I"I'l000,'I0I,I11000001110,01001,00,0000i0,00.1000000000000'.01°:°' i• ' "I 0 ii°11111:0010011•11I. specific trail routing as well as the feasibility of partnering with adjacent 11110l. : 7117101.1000000000:II0001 I 0S III iI0I I IIIII III-II I I,00 ..;00i11!::,1!:,1!.:1!:11::,;1,11.111,11,111,111111,11,111111.01:1,1.01, 0„00.0,00.1000001000000101001001111001111010116.01,0 00,000000,w0y0,00.0,00;00.0000%00„000000011101000000000000000000,L000, . ..- •00000:00000000000•000 land owner for trail development. As future site design progresses, 110,0,01,001,01011'.,1101M. 0 1„Iy,11101010ii 041 000 0,0,,;00000:0000,10:00,00011,i'11110,10111„,00001100000,1,11,Th.,0..."111 1III11-0-1:0°110, I trail corridors in this focus area should be developed within a corridor 00000000l0I000000101100001111001lik11110,11011,01000 10000001011,10110i. 00000'0 1l101K11011111110 it 010,010 00,000,m 00001001 - of 2.)r' 1 1 IIIII1111i100,„.I,„1„0000„•:,.0 001 '0.1 0110000:0001001:10010,00000000:00000000 ,0111,:11,1,,101 01111111111,11,1111011,11,11,1.41;03)0 0 11110111,10,01„00„00.0111011: 110000,0,01,0014illii01!0i (tnitittnutn) in width, clear of vegetation or vertical obstructions 00000000000:0 0000,0000000.000004,00 ,0014::: , 000,0000004000000 00.00000,0 000 I 1, 10100,0,11110111101111 .0 000,0000:m0,000.010,100000,0•00000400004:,1100000000000,00000000•0,700,00,100004.0 111°°°1111:1411310011101111,010010,00111 to allow for greater visil)ility, and to I:trait:00min a wide enough corridor 000000001,000000000,0000000 0 01 1000001,000 0110001010l0,000,0000 00000001 0.00000k0:000040m000000000004L,H00000,00.00,0000,0,00r:0000,0000 00000010000000000000000,00,0,0000000,100lI , , 0:1101',(000000,]1100000,0;::0000000i001,0i,0100„,00;.,,j0:0:;00000000000,1 .00,0;!:000004000,!',00,0,000t:0000000:0'00•,410Lt'00000000J00,00:;000)o'n0000::.!,!!1:0010i0w10,00,00:000,0:000:0000,00,00000000000000:000,00000000000,1 fora ese of friaititetiatice and ernergency access. New trail development.000 shc)ulci be designed using materials that respond to the character of the environment through which. they are located. Gr(-00etiway or drainagc0way trails will likely see heavy use by a variety of users, and should be constructed of a durable material at an appropriate width.Concrete trails at 1.0'-12'I:nit:lit:num,and 1.2'-1.4'preferred width are recommended. Utility easements used for trail de--00veloptnent will serve for share.d-use, and should also be constructed of concrete, at a 1.2'- 14! width, and with a thicker profile where motor vehicle traffic is anticipated. Where trails traverse through preserves or eco1(....)gically sensitive areas, natural trail materials such as decothp(0) ed granite (....)f•()tiler permeable materials sh(....)uld be used. 'Frail widths in the 6'-.8' range will likely be most appropriate for thost of these areas. It is important to note that these unique trails can erve as a very 1°01 004,100 iii imp(....)rtatit cotitiecti(0)110 to Wylie's beautiful natural resc-.)tirces. Along °°"1:00001!!° '0,000.ii• . 000'•000011000000 -i•000 1. 00001100011000100100004000000000110,00000,000,0000°Iii • • 1, witti typical trail activities like walking or jogging, a range of passive recreational activities can be in corp()rated into these trail developments. :0 Facilities that (Jer picnicking, wildlife viewing, interpretive learning, 000000 001010inii'11000ii3O)111,000100000000000000,00:01,000000000„,„,,00,00,0,000000„000,000.000.00:0000,000° •• 000"i''' ' and discc)very of natural features (overlooks) will add significant 0:0001000,., 0,01,;..,si0!400100.0.0ok0,000„ib:•,00'°.:00100!011010,00000t00000000000000,00000or0F'''/,rfffii.0:00,00000 '00000000 I 00011100000010010000000,00,00 10100101100001111001000001011110100110 1000000g00010110k000,00,I1,00100000p0-,,,, i I-1111000,10,00,0 1.000,000.10,00-1000.. I enjoyment to the city's greetiway corridors. 00000000000000,000000 , 1100100011.1.1,.01.1.1000.0„,,,k1,,,,„0:40„0,0„,00,0„0,010000,0„),010,100,00-000:0,0000000.0.0000000.0.0000,„ 00,,,...•,,.• 1 i, 0i/0,,, i3O.00,,,,,60,,,,,,04:01101104010000,0111.1.0011.11.11.11:11:051:11011111000:40110001011011,111111110101011010101000000b0,0,0,0,01,!,000,10000,11,00000000000000, . 'l11yi 04114 liillikII!000ffilllffli000,IfpIl10000,01M0(mgkhf 1 ij101010IIIIIMIN000s000000000°00000101000110,0000000000. 1 i0°010101110,10114100,11410910010011111II1104:11I0689,011010,10100118101100,1000001011000 i.0,0114104400,10000,1440,11,1,0,010400401.11100011001iii i 0000„10 1 00000001010140011,0000000,0111010100000 10,10001 /-,14,0010100010,00001:0100010,1iii f T'II gp,11.10,011,201111100 041.1kieliesionmagoomogeoea ,,,I:L;;;:i4.141hINIP100111101010111111101: m i 11.11111,11111111111LOIRMINI,1 ;!,uppoplopilitliif Focus Area: Lake Frontage /Access GOAL: Identify routes of walkable / bikeable access to Lavon Lake & Lake Ray Hubbard LOCATION: 1.1 „„ • Lake Frontage Properties • United States Army Corps of Engineers (USACE) Property 11.111,41! • Extra-Territorial Jurisdiction(ETJ) &Floodplain Properties '11 II STRATEGY: ' 1L • Connect citywide trail network to both lakes • Connect lakes to each other • Consider development of new lakeside destinations PARTNERSHIPS: • Pursue recreational use partnerships with the USACE • Provide opportunity for private landowners to partner in developing expanded connectivity in the trail network The City of Wylie has a unique setting in D.FW by its proximity to two rriajor recreational lakes. .Plo..)wever, with little to no ownership or access to sho..)reline park land, the city has been lirnitoxi in its ability to)provide citizens and visitors access to the lakes. Evaluating the feasibility of access to 11...,avorl Lake and Lake Ray lul)l)ard via trails ha been an important focus area of this study. By partnering with the Arrny Corps of Engineers (USACE) and other utility agerIcies, a nuniber(..)f trail rletwo..)rk opporturlities can connect users to haven Lake. 'Through these partrlerships, trail users could have access around the entire southwesterrl shoreline of 11...,avorl Lake from Collin Park along the USACE-controlled shorelirle to the new North'Texas Municipal Water District (NTA/IWD) pipeline easernenn. Similar partrlerships could provide opportunity to) extend a trail connection from the NTAT\WD pipeline eastward through East Fork Park and Avalon Park to Skyview Drive near the spillway. Across Id wy 78 and continuing south along exiting „.., flo..)odplairl at the city's ETJ, tfie trail network can connect Wylie East fligh School and a potential future environmental learning center with its vast wetlands and natural systems at the north end of lake Ray 1-lubbard. Strategic recreational use partrlerships will be vital in establishing trail cc)nniectio..)rls along and between the two lakes. As these partrlerships progress and site specific design is explored, a few guidelines should be kept in rnirld. Similar to trail corridors in the greerlways focus area, these trail corridors should be developed within a corridor of 25' width (rnirlirnurn), clear of vegetation or vertical obstruction to allow for greater visibility, and to rtrainnairl a wide enough corridor for ease of rriainnerlarIce and ernergerIcy access Also) similar to greerlway co)rricio)rs, lake access trails will likely see heavy we by a variety of users and should be constructed of a durable rriaterial at an appropriate width. Concrete trails at 12'-,14.' rnirlirfiurn 22 width arc rt.Nc(.)ttittit:ttdt.Nd. \X/ht.'"rt.' s(.)ft / natural trails arc dt.Nsirat)It.'"or ra ar in t )';;;„), y <.)1'),4'‘fuiglg his ft)ctis t.'"a that, t.Nrial s stich a s dt.Nct)ttif.)t)st.Nd gttitt.'" t)tht.Nr ''- / //./ /i f.)..Nrttit.Nal'ilt.'" thatt.Nrials in tht:' 6'-..8 width tangs sht)tild 11.)t.'" tist.Nd. 1 I listt)rically,st)ft/natural trails at I,avt)tt 1,akt:'havt:I.)rittiarily bccn ucd ,),%"'"),'N#FT,),1 voliviouillItml"11,1,11,11),1,1,Ppv,v,v,v,r,g,',1,1,1,1,1,11),I)ono,1,10001110110o10010111111'1" by t.'"gtit.Nstriatts thrt)tigh tht.'" 'Frittity 'Frailht.Nad. hgtit.Nstriatt trail acct.'"ss li'l'','„V`7,,,„,“:,'„,,,,,,,,)01frin°,';',011til'illIlir,'„,„1,„..1,,ILI, "11(1111),Iipilli, 111D1111111111111011141111,11Iiiii4i161101111faPH111111111111111 l'I'lll'I'llIIIII1111111111111'1'Inl''I'?'1'''1;:l1:1;1'1'1''111j'Ill''1111''ll''1111'11'1'11111''Ilil:I'llI''ll'ilill'1111111'11''11'11'1111'111111111'1111''11'11'11 st.NI.)aratt.'" I.)atits frt)tti tht.'" I.)rittiat'y I.).Ndt.'"striatt / 1))icyclt.'" trail.. ,!•.''')`.1.)aratittg hi")'"") "'"' „),"'""1:',"1"1""iint"1"11''''":111,111"'""'")"1:1:::''''''',""""""":"!'"")"");111111""'' 't" "'",',"11)ttr'ilggl'oilto,",),L,"„„„„))),,,,,,,',,1„)i;')I, "":"))")',)""11,1„),),„")1'),;,11,""""litum."")))"'"""))),"))))))))))„"), sf.).Ncializt.Nd trail tist.Nrs itt this ttiatttlt.Nr will I.)rt)vidt.'" Wyli(.'"'s t.'"gtit.Nstriatts a „„ " „'"" 11111111111111 ' trail cxf.)(NrictIcc t'ailt)rcd to tht.Nir I.)rcfcrt.cd 'List'', and will t.t.Ndtict.'"conflicb, I 1..''tW..'' I I trail tist.Nt's stic h a I.).'"dcstriatts 11.)i-ycli,t', ',katcr, ,tt't)11ct, ctc 11"1","""111111110110111111111111111111001(1100011111111111Hounonioloyoloh""oillooltv, ,1111111111111111r,lo?olill'1111),11,11,11„1„1„11,114111))))," 2".'y Focus Area: Roadways & Parkways GOAL: Identify routes of walkable I bikeable access to and from key city destinations (retail,civic,schools,tourism,etc.) ,,, LOCATION: • Existing Thoroughfares • Planned Roadways as described in the city's current Thoroughfare Plan 11„1r,,* 0 ,,,,,1,;2,„:1, STRATEGY: n c 4,nn ...:;','In ,„,„ jo),,,,l',„'„nk,„);1;7;II ' 11;"„nn,;ni"f 4''"4,!!""'1:01, ;it '''''';'", 4 ' • Utilize existing sidewalks I R.O.W.s as minor connectors „mood. ,,n,' ,)/4.,,,i 1 between trail segments 1,4a,,,„, (4 • Identify opportunities for R.O.W. expansion to allow for shared-use trails '1',01' ,' PARTNERSHIPS: • Partner with other city departments(engineering,planning,etc.) • Partner with governing transportation agencies (TxDOT, NCTCOG, Collin County,etc.) • Partner with private land owners for use of roadside property As a growing city that is part of an expanding tnetropolitan region, Wylie ha s had to respond to) increased population and vehicle congestion by continuing to) develop roadways that will carry active traffic volutnes. While designed to carry such volutnes, the current road systetn is not designed to accotninodate bicycles and allow for other non-tnotorized transportation type . City leader recognize that integrating trails along roadways and parkways in Wylie is a significant step in a successful trail network, and have prioritized its evaluation as a focus area in this study. Current roadway design standards in Wylie outline a tnittitnutn 5' wide / /// concrete sidewalk to be constructed along all new roadway itnprovetnents. Although they provide important connections along city roadways, a sidewalk is of insufficient width to be classified as a trail (10' width ng tninitnutn), and is generally inappropriate for hared-we. However, tliese connectors should not be distnissed. In addition to sidewalks already in place,major roadway projects under deign or construction at the titne of this study include McMillen, Brown and Stone. Although '11:51r,Jilill;i10//jg, / orrn1911111111[11P"I''''-' they generally tneet the 5' tninitnutn width requirement, the existing 77'/gggz, //g/7, / ,Niz,11„,,,(1111111.?!"'"'",11 0,,,,,,Agmpliqinvp[1,11emps,...,0, sidewalks and the new sidewalks built with these roadway itnprovetnents (/g://'/7/7,, )7' $11;001,1,1,1,0110,01411puitiatiiiiIIIIIIII?111111111111111,1,11 will serve;as important tnittor cottitectors between wider, hared-we trail 1;;: ig:JCJ, y/;P/77/cb,,, ; '''mknijagnigEgigillii!ii:: g/g'A`')7 1, '''',iligi,211glild segtnents (creek corridors, lake trails, etc.). While it is beyond the cope of this study to evaluate the entire sidewalk network within the city, a few key sidewalk connections that should be noted as part of the trail network are: a) north/south along McCreary between McMillen and FIVI 544; b) north/south along Country Club frotn I lensley to) Parker Road; c) neighborhood sidewalk connections frotn McMillen to) Creekside Pstates Park, d) along Westgate Way frotn FM 544 to)Joel Scott IVIetnorial Park; e) along FM 544/ Stone at Ballard, and f) north/south along Ballard frotn Alanis to) the historic downtown area. 'These existing routes provide residents useable access to) the larger trail network. When feasible and R.O.W. is available, these routes should be considered for widening to) accotninodate hared-we by trail users. 24 IC) fill the gaps where existing sidewalks are unavailable, trail placement should be considered. Notable connections can be: ' ,east/west along Parker Rc,,)ad from the city limit to Country Club; iS) b) east/west along McMillen from McCreary to Country Club; c) O ,-.1,40(11211# ;11; ti$1"7,iirifV/ along Park Road from Davis Intermediate School to Skyview Drive and East Fork Park; d) along Brown from the municipal complex to 77,/o the historic downtown and eastward to Wylie East High School; e) //J, v/xp along FM 54.4. / Kirby to the municipal complex and Wylie High %,—,//,;q1,1„Atii1Aq kfili0"tiPrelV/11: School; and, f) along Alanis from Hensley to Ballard and eastward f ,giof/6,":1010/04,,fil ,/,)4/4 ''41111;'Yl 14!11!!!!"P!!')!t :;// across WA,, Allen to Lake Ray Hubbard. ' 044/411''''11,744,?//7/1r1'' In future trail design where sufficient R.O.W. is available, trails along roadways and parkways should be designed at 10' width (mininiuni), with a mininiuni of 3'-5' between the back of curb and inside edge of trail. Where the R.O.W. is narrower in width, 8' wide trails should be constructed with a minimum of 2' between the back of curb and inside edge of pavement. Surfaces along roadways should be durable, and the use of concrete is recommended. 7tio develop this part (.,,d the trail network, cooperation and !.! partnership will be required between city officials and other roadway governing agencies (TxDOT, NCTCOG, etc.), as well as between city departments (i.e., engineering, planning, parks, etc). .,„ Where feasible, city engineering shou Id pursue acquiring additional , It„,1.1'hr,!11',VK,%,lgtt,tr,Ntmttdtrlit4tWpr1topl,!o,tt,nr,nf,to1.!N R.(..).W. and approach private land owners for potential partnering 1.,017,77171171rI17°1„41771771:17.4!1 ,1****10,4101040.1,001tikk0 110111101',1111111111111,11111,1,111,1,1,1I,1,111,1I,1,1,111,11! 41,111001,0111100,101,1 along roadside property edges where R.O.W. is not available. gotorginit 4,110121 ''''.19111110101 101,11iNig4 As part of developing trails along roadways will come the issue of it,ip.171"7"'""''''' 1„'.10614 1141M111111111,1,1,1,1,1,!,!,!,!!!,!,!,!,161,110,9! '101, providing afe crossings where trails intersect with road ways or 100 11)?JO' (1i1 Nig 11 VALiAtigli 11119,Maigliv railroads. In the condition that height clearance of 8' to 10' can 0144611„,„AP**,g t , 4111110.101 be achieved, underbridge crossings should be constructed. Security lighting, overhead clearance height signage, speed limit signage, and guardrails are typical safety measures that should be incorrx.irated when designing these crossings. Where these height clearances are not achievable, safe at-grade crossings should be incorporated. A large number of design approaches exist to dernark at-grade trail crossings and give them distinction for both motor vehicles and trail users. Some combination of decorative paving, accent lighting, decorative bollards, and landscape enhancements would be appropriate to be considered here. In general, key guidelines to follow when considering site specific at-grade crossing design include: a) crossing the roadways at a perpendicular angle, b) aligning accessible ramps with the trail route rather than at a 45-degree angle to traffic, and c) promoting visibility of trail users to drivers and vice versa by creating a simple, yet distinct visual difference between the trail route and regular vehicular ti.,mte. ;,/ ; 25 Focus Area: Trail Gateways & Intersections .51, GOAL: .4tV 0'1 e:1001, Establish locations for trailhead treatments and intersection I crossing A treatments LOCATION: ttk • Significant trail crossing locations&trail system entry points 0,101,1K5 • Vehicular intersections for future city identity program ' "1""' 041111!* io*o!1!1!1!1,Omui !STRATEGY: STRATEGY: 1,f72, #7/41,00,10, Identify key trail intersections for signature treatments and wayfinding PARTNERSHIPS: h1 1r/4 :111 01111 '11111:1?,;,11 II Partner with land developers, neighboring cities, and private land owners where necessary Part of any successful trail network i a distinct farnily of architectural , elements and wayfitiditig devices at strategic points along the trail to , 11046*oak! , serve as cues and amenities for the trail user. As key parts of the overall ;/-„:0;;"1" 44'eidnio, ' „„elmiotititoil 'Yu!' //v4py system, trail gateways and intersections are a vital piece of the Wylie „0,44:111111 'Frail Network. Three ficiajor trail gateway /intersection points are identified in tliis plan. 'The intersection of several trail , sidcwalk routes, and prominent civic destinations at FM 544 / Kirby and Country Club provide an important gateway opportunity for the trail system. In the same ficiatitier, the intersection of trails,schools,neighborhoods,and a destination park with ample parking at the Community Park could provide a gateway and ficiajor trailhead in tlie Wylie system. a seri(is of trail:coming together just north of Eubanks & wy '78 could serve to be a signature trailhead and gateway to the lake trails. As supporting elements, a number of minor trail gateway / trail i ;,rrrr; itItersectiotl points are repreented a well. 1.11ese include the following: a) McMillen at Muddy Creek where trail users from the neighborhoods might access tl ie Muddy Creek green way segments; rirm_, b) McMillen at Country Club - a d(icisioti-ficiakitig intersection in „Vr',1,„0,40iir'rir:101 wayfitiditig to adjacent trail segments; c) Park at Birmingham Farms and Park at Westgate - strategic trailhead connectors between two Itoy schools and resid(ititial neighborhoods; d) Country Club at Brown - a 11:11111,1,1,71,001r ficiajor intersection leading to the municipal complex; e) filwy 78 at !,4414'40,4 Woodbridge Golf Club - a connector between two major portions of the Wylie greenbelt as well as potentially to the neighboring Sachse trail system; f) Woodbridge ( olf Club at Sachse Rd. - a key north/ south connector along the Muddy Creek greenbelt;g)Brown at Ballard and filwy 78 at Ballard -bookends to the city's historic downtown; Ii) Skyview at Forrest Ross,Skyview at East Fork Park, and Skyview at Avalon Park all gateways to I...,avoti Lake; and i)just north of'Froy at Alanis along Rush Creek a potential future gateway to Lake Ray Flubbard. Major trail gateways and intersections prificiatily provide easy access for users to various segments of the trail system. Additional feature rilay sornetirn(is include motorized vehicle parking, bicycle racks, shade / pavilions, seating, drinking fountains, restroorns,fitness stations,emergency call boxes,lighting,interpretive sigtiage,landscape enhancements, decorative paving,and public art amenities.As a minimum,it is recommended that an itiforrnatiotial kiosk witli trail map and wayfitiditig itiforrilatioti be provided. Also recommended are eating, shade, and otlier rest amenities as appropriate to the specific trail gateway site. , ;„; 26 Is/lititit" trail gateways and ititt.4"st."ctititis are often ctitnI.it"ist.-d of 11,'''''''''''111"''' '''''1,1/ ,,,',,,itl.i-illty,"111111‘11111)014, ,1' , lli p,„,:'1041:iiill a ctitnbitiatititi of test aint."tiitit:s and wayfitiditig t."1.t.ant:tits. As „F.",:,1111„,),,, „0,: :„ilt,, 1,1 ,,,,,,,,;:ir:1„,;,,,,„,„.:::i„,,Irt:;„,„„,,,,,,„::;t„111,„,n, 01'1 '110001,0..,„111,o,0 t"t„"ctitnint.aidt:d for ttiajtit" trail gateways, minor gateways shtiuld feature a tiat."wayfitiditig sigg / kitisk that is part of an architectural , family of t."It."Int."ti ts ctitisistt."ti t tht"t i LI gh ti LI t the trail network, In addition to this, a typical minor trail gateway shtiuld include ., .1. °hi iv, llotiltplor!iiil,iliiiiil,iiiiiiiiiiii,i11„111,11,11,1,1,i1,,I,,,,,,,„1„111,111,,I,,,I,,,I,11:11111,11,1111,11,11,111,,111,1,11,111,111,111,111,111,111,11,11,11,111,11,11,11,1,111,1:1,1111111;1111,1111,1'111,11'1,11111111111'1,'1,1'1'',11',i,',II'1,111:111,11'1,111,111,111,11,11'1,1::11'i'111111111 seating, shadt.", and paving t.aihatict.ant.aits. The city s I i ti LI Id al s ti cti t i si d(."I" m aj ti I" branding o I.)I.)ti t't id It i ti.''s for „,,,„,„04"."'''1'11'1:111111‘1'1"11,'I''ll''ll'I'l','''1,„'''',',','I'','I'l'I'''''''''111'11'''1,1'''1'1',':I'',1'''''1!''.'1'!1:11''''ll''',11',11''''',''"111'1,1ii''''''''''''''''''/I'l''''''1,111';',1111''''''''''''''z'''!,',,l'I'l'I'yl'I'l)'11)'111('I vipl,p1,:mil ' ,','1 ,,„,,,,,„,„,,,,,I,11,111,1;1;1„1,'„'ll,'!II„Ifil,111,1,1111111111,11,11,111111,1111,11,1„11111„1111111111111?11;,!1,111 1„„„, arriving intittit"ists. Noted within this plan are both ttiajtit"and tnititit" Itit'iiiit,Ini'l'11111',,,i1111, 'II "'11‘11'11'"11,1'''",,.''''0,1111,0,IFitticill city idt.aitity tif.if.itit"ttitiitit."s that arc f.it"ittiat"ily ititt.aidt:d to id(."titify/ f.it.t."litnitiary locations for gateway / city identity tif.if.itit"ttitiitit."s. Pt"ittiat"y tif.if.itit"ttitiitit."s are located along the I iwy 78 pine at key points throughout the city. 1,h(."st." include: . I iwy 78 at Alatiis the city's stitith(.4"ti gateway ▪ I iwy 78 at Ballard the city's histtit"ic core . I iwy 78 at Wylie Eat Dt", the city's t."astt.-t"ti gateway S."ctitidary tif.f.itit"ttitiiti(.-sat."Iticatt.d tlit"tiughtiut th."city. 1h(.-st."include: . McCreary & McMillen and McCreary & FM 544/Kirby the city's wt.- tern gateways . Parker at FM 1378 / Country Club and Park at FM 2514 the city's northern gateways from St. Paul ▪ I iwy 78 at FM 544 / Kirby the city ct"tisst"tiacis l'Izr/i/ I 1111 ▪ Alatiis at Ballard the city stiutht."t"ti gateway from I iwy 190 , „ 01!„!„11,,,,„,,,1,40,..„1,0„,1,1,1„,,,,t,,,,1,1,1i01,1101010Piti.i..0,„,,,,i,i,tii,,,01 ▪ Brown at Wylie I„',-at Dr. a sigtiattit"t." ititt."t"st."ctititi and l'oh„,",",i,1,,',:iiiii!,.0.,,,,,,11,11,,,,,,a1„,,,i,',100ii,,,,,.0„...1„,,,,,,,,„,,,,,,t.„:„11.0.,i,,,,,,,,,,,i,t,,,,,,,,,„1,,,,,,0„,„ ili!„,,,:giiii011111111101t, 1101,11111!„.„„„,,„,,,,,,,,,„,,,,,,Tip„,,t,,,,1 . /it-„i„1,,„ ,,,..o.,,,,,,,,,...,,,,,,,,,,,i,,,,,titii, f.iott.aitial gateway to t."tivit"tititnt.aital learning/lake dt:stitiatititi . I iwy "78 at Eubanks and Alatiis at"Ft"tiy tht." city's gatt.-ways to I,avtiti lake and lake Ray I lubbat.d. Although beyond the scope of this study, it is recommended that I .:,:„,„,,, „I)i,:„.::,,„„lic„,„,11,1,1,,,,,,,,,Ilt,,;,til,„,),,,„„tit:,!1:,„114/,,,I), / / 1 city leaden, f.itit"stit." a unified city identity program, and incorporate ctitiistt.ait architectural tt"t„"atint.aits,wayfitiditig sigtiagt.",and/or public 1 1„,Ill,,h,hh,hrop fh ehohrelthh,1 kWh'.hi,'h'' '/,'11"hhhh,,110 II r 14 ho),, ,j,, if,dill rty4 hillifirgOlifili,rf i(r Id 1,,,h hhhhh II,h"h hhh;hh",hh'Ihhhhhh',1„,,'' 'hhirh,l'hhilhlhh Ihhhlhqh,'h hh ri,h4M,1,111h:1 rh,l,hi hhhhh,,,,,,,h,,filhhlh'Iqihhe,;;.:Inn"'h",,1, ,,,'h'hh,hhhh!!),hhi'I'llhihhh,r,T4#10,hh,trnrthhhtl, 11 111,111„111,1111111'1111111114:1111111111'1'n'n',1'( 0,tp&/11/"(i'111),)1*/Affifil 111)tial,ed f("Iiii!tir 0 7("iils OTliolhiHitim11A111111 11.1;,"'11'1'°11,,"''1111 #4,P i)),'1,11),161111111114figaw,11,14414011)11140111;141114k,10111Nrml,4-1,11111;*1i141110111ttifrAit'f:11 A/////,'''''0%, ,''111,5111„,11 10.0*0101(01,14/1f1;#11ii*11111111'1'1,14, 4t1;,,j,11L1,111,11i,,,(11.1‘61{1,1,,Liii1e 41X9F,,,,i„1„„;41111no411q1,,,,,,,,,111 11111 II1,1„11111111111,111,11111111111,H„,!1,1,11;1,.:,,,,,1111111,111111" 1 lo,,,I11111r,", !1,111,",,",11,011111,1,111,111111,,,,"1,1,4,111'1,11,",11',,i11,11,,1111,111111111,Hilyo,,,1111,,11,,n;111111111""1111 11,111 111, :,"s“11,11,11,,T,,,,,',11; ;',1111,1,1,,1111,„,',,,,nr1',11,,,1,1,1,111 27 Other Recommendations 'Trail'User Safety, Security&Signage A highly active trail system will offer enjoyment for all age groups. As trail development continues throughout Wylie, the traits will host an abundance of walkers, joggers, bicyclists, and skaters. With this in mind, safety of these users becomes a critical component of any trail system. White traits which are used frequently can help provide a measure of safety, they can also present potential for inter-user conflictsJ. Posting trail etiquette signage at traitheads and strategic locations along the trail system can help curtail some of these conflict sJ before they occur. It will be important for the city to develop a list of trait rules that address issues particular to the Wylie traits system. Sonic of these might include: Be courteous to other trail users at all times; Keep to the right, except when passing; Always pass on the left, and give clear audible warning when passing slower traffic, Avoid congregating on the trail or walking more than two abreast; BicyclistsJ should keep speed under 15 mph at all times, and should stow down in congested conditions, reduced visibility, or other hazardous conditions; and Pet(,..iwners should keep dogs on a leash at all times and rermwe pet waste from the trait. In addition to trail etiquette and courtesy, is the topic of trail user security; 'fa maximize speed for emergency responders to access victims of medical emergency; crime, or other conflict on traits, a growing number of metropolitan cities are adopting emergency locator systems along major traits. It is recommended that the city of Wylie incorporate such a system when implementing this trail network plan. At minimum, sign posts with a location identifier should be placed within view of each otEKT, or no more than about every 1/8 to 1//1 mite to ensure markers are never out of sight of trail users. Flack sign should be CPS L'icated and integrated into the city's 911 system. Other security devices that may be implemented where appropriate include trail lighting, emergency call boxes, or surveillance cameras, just as user security is a critical component to any trail system, other items such as wayfinding, warning and regulatory signs are also important components. Wayfinding signage should be incorporated at traitheads and key intersections throughout the trail system to provide users information and length of route segment. Warning signs should be used only where special regulations apply, at specific times only, or where hazards are not self-evident. The use warning signs should be kept to a minimum so as to not lose their effectiveness. 'Trail Rest Stops Rest stops placed at determined intervals throughout the trail network will be an important piece of a successful trail system in Wylie. On high traffic traits, such as those planned in the Municipal Complex or in the take parks, rest stops should be placed at intervals of 1/3 mite to 1/2 mite. On traits with potentially tower volumes of use and more remote sections, such as those planned along Muddy and 'Rush Creeks, rest stops may be placed at intervals of 3//1 mite to I mite. Thesc stopping point SJ may be comprised of a variety of amenities for the trail user. Flack point may include seating only(for example, I to 2 benches or a picnic table). They may also include a drinking fountain, trash receptacle, and/or interpretive and wayfinding signage, as appropriate to the character of each point. Like the trail gateways and in described in this plan, amenities included in each rest stop should be designed to appear as part of a family of architectural elements that are consistent throughout the trait system. . d 28 :Integrated.Nanning Efforts As part of an integrated planning effort, the city should incorporate these trail network recommendations into the city new comprehensive plan currently under development. By incorporating trail guidelines in the development of overlay districts being defined.by this plan, city leaders can ensure that trail development througEk.iiit Wylie becomes an integrated.priority as part of future city development (e.g., South Ballard, 'Redevelopment/ A,CTION. plans, Lakc Development, etc.). As previously discussed., engineering design standards, should be evaluated to incorporate wider roadside trail connection standards than are currently in place (10 width or greater preferred.). Inclusion of these design widths early in tlic planning process can help city engineers ensure that new capital improvement projects are able to allow for space that promotes a trail- user friendly environment along city roadways. To continue support of a growing inter-city network of trail connections,Wylie city officials should.meet with the neighboring cities of St.'Paul,'Parket, Murphy and Sackse to discuss and plan for implementation of partner connections between city trail systems. And, to participate in region-wide trail planning efforts, the City of Wylie should.submit their trail network plan to Collin County officials to be recognized by the Collin County Trail Plan. Once on file with the county, other cities in tlic region can become familiar with Wylie proposed trail routing and determine if partnerships for future connections can feasibly be pursued. The plan should also be submitted to the North Central Texas Council of Governments (NCTCOC) to be recognized.in the'Regional-Veloweb/Mobility 2035 planning effort. 'Recognition by these regional agencies may increase the city's ability to secure supplemental funding sources for implementation. Estimating Cost of Implementation&Funding Sources The current estimated construction cost for a hard. surface trail is calculated at approximately $5-$6 per square foot (trail only), or around $316,000 to $380,000 per mite for a 12 wide trail. Depending on the level of recreational elements and amenities added (rest areas, traitheads, etc.), cost of construction for a complete trail project can reach amount around $1 million per mite of hard.surface trail. The cost for constructing a soft surface trail can vary, but for this plan, current costs are estimated. at around$ti per square foot (trail only), or around $170,000 per mite for an 8 wide trail. When budgeting for trail improvements, other infrastructure expenditures must be thought through in addition to baseline trail construction cot , At-grade or under-bridge thoroughfare crossings, creek bridge crossings, and varying levels of trail amenities must also be considered. As these ct.)sts can vary widely, they have not been estimated as part()falls plan. Once a budget number is reached, it is important to consider what funding SO LI rces might be available to help the city supplement the ct)st(-)f trail network expansion. When seeking funding fjpr traits, (Aker cities have[lad.s LI ccess wing a grants coordinator to guide them throughout the application process. The following list identifies potential funding sources for the City of Wylie to strategically pursue. County • Collin County Parks and ()pen Space Program • Dallas County Trail and'Preserve Program North Central Texas Council of Governments (NCTCOG) • Fransportation Enhancement'Program • Sustainable Development Calk for'Projects • Regional7Fliway'Revenue Funding Initiative State of Texas • Texas Parks and Wildlife Department (TPWD) -Recreational Trail Grants. Boating Access Grants • Texas Department of'Transportation (TxDOT) ,S'afiJ.Routes to School.Program • State Energy Conservation Office Energy Efficiency and Conservarion Block Gram; 29 Federally Funded Programs that include Bicycle and Pedestrian Opportunities • U.S. Department of Housing and Urban Development - Community Developmeni Block Grant • U.S. Army Corps of Engineers (USAGE) • U.S. Department of Interior (USDOI) - Nalional Auks,5ervice:s.Rivers, Trails,vid Conservalion Assigance Federad Transportation Funding Sources • Highway'Bridge Replacement and Rehabilitation Program • Highway Safety Improvement Program • National Highway System • Surface'Transportation Program • :Federal'Transit Administration Programs • Interstate ManaterlatiCe * Transportation and Community and System Preservation Other Sources of Fundtng for Trail Development • Land'Trusts • Communities Foundation of Texas -Meadows :Foundation • Recreational Equipment, Inc. • Foundation Directory On-Line • Private Donations Partnerships with Volunteer Croups I 1,1 :30 Conclusion By undertaking this plan, the City of Wylie has taken an important step in creating a city-wide network of trail connections, which has potential to become one(.:)f the great assets (...)f its recreation and transportati(m system. -Having garnered enthusiasm from city leaders and citizens, Wylie is well postured to begin implementing one or more of the proposed trail segments. A co()rdinated ef-R)rt with other city departments will ensure funds are directed to die common vision for Wylie. While this plan provides guidance for locating trails in each of die city's primary focus areas, site-specific alignments should be viewed as flexible and adjustable as needed to w(,)rk with the(,)bjectives (...)f residents, business owners, and devel()pers. by taking steps to implement this trail plan, Wylie city leaders can work towards providing safe, healthy transportation choices and recreational opportunities for its citizens and visitors alike. : '9" 0A,, ,,,%"%rnpriWbv0z0,„%lglyfr,eitti6v; :: i40n07107g00,7"/ 4";,?4A'17 1 ' " 31 Bibliography 1. Comprehensive Master Plan DRAFT, City of Wylie Planning Department, 2012. 2. Ihe 2010 Parks, Recreation 8(.. Open Space Master Plan, Wylie: rlaiff Associates, 2010, 3. Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines, and -Thoroughfare Standards, City of Wylic, 2005. 4.Trail Quotes: From Advocacy to Wilderness, 2001, lim Schmidt, editor, South Carolina Department of Parks, Recreation and Tourism, Columbia, SC. 5. Dallas Trail Network Plan, City of Dallas Park 8(.. Recreation Department, 2008. Appendices � a , A � \��_ �\ � \�- \ _ - -_€€< _ eft - cenne�uan to _\... - - rc`. -v' r _� - -.,_.��.. Existing Trans t=�' aarg.Tray �::. - \Q �` --_ '= el \.�_ £ -� \\\\\\\d 4tr Trail GaniteUion Candidate `F � __ ___-- °\ \ _. _ \ .\ \:-._-,=_ '_= _ ....._..... Traf C©nnedion Candidate ��\� - - ,a \� t _v__ _ _-- iMu„apai cwctrio4 \� T. _ ,ems \ \�- _ - _ _ - Poteni�a[Partnership wt __ _ _ _ _ __ _ \ �� _:E=� ?r=. _ \� % ` ""' Prtvaieflwners �\� - —  £�.- - ---s-?__ ,^,tacct� Lakefront Trail __..� �_ _ __ _art- -_�(_____ -__SKV1�1€W--3f - _ , _ ",� _>_ _. _ _ =e=-_ - _ _ _ __ _ __ Gandrtlat�f PBrtner4h¢ `= "-\ arfnerat t - --- - 7 - ,..�. �_ - y_�ate' `\_ -- __-___--_ �E. _ -�._ Pnaate©wraers T_�� - - \ r _ n =_ __ _ _ __ -_ _ , - _--_ .,<,....,..,.. Existing Connection __ -\.�_:- _.\ \\\ - O\v -- •4D _ CFI•. _ - _t \�_ __-_ ' \\__\\ \ - ..._ - _ -_ �_ _ �;-s \• a�----_-- Future Connection 4 .err '`� - - \- \ _ "' --�_ \\\. \ _ ��. _-, _ _ .,vim• �\_ x : , ,,,,,,:z \4 c.0.14Egi*, 1,:,':6\'-‘, -''-'-. \-.'.7''-' ' : \\ \ - - �\\ �� Potential Ai•Grade Grassi - - 'ate--€` A�i� ate\ _.. -..- .. " -:__ �.r,.A- _ " =. ��.. `� _ a ,\ox\,,= \\\.�\ Potsni�a[UnderpassCann coon -_'a.> °_�. :,- � - .. �-___ `, �,_ �_ �-_- __ -- � �`� -_� '�ran �\ = - _ \\: <_\\\\ \ e - � ��� � _\\\ emu,. �_ _`_"-�_"._�,� =, \ �. t - ik- - \ 07'7j1.7 Meer Trail]Gateway F Intersection \ -- 4IFt \ Misr Trail]Gateway t Intersection - cam:� - \..\ \ \ Paienila� - — -� - \\\\ssk, \\ Conneciian to �-�' — �-� - ail � \ M,:r M1 Tr \ - - - - _ - _ � _ -_ ��n'`<a \ Primary'City Identity Opportunity fix,�_�.T \ \ P�nnerth _� . \- \ \ - ¢-"- _.�_'�--- ems\\�-. .\ \ \ Secondary City Identity Opportunity \'t �\ - - - - \ `\\ \ n �` h PP tY e \ \\ o - . \\ - R P \\ ry ,_.�L - -x�-: -- - -- - — - - :_< <_..- - ..\ - - _ \ �. ArmyGar s el€n sneers ___ ___. - a\ \ - e=. - \\\ T,_� _ � _ �4.'_ \\ 5chaoi Sires xa-a, Sasystemra,i ,y+ '> \ _- - - \-=a,.' - _ — Plagdplaln = ,\__ \ =31 Buz= \ \, Sachse \tea >' __ Private Owners\\_ _}- - City of Wylie ETJ \ - -\_ €z:�. _ \mac -- - _ - _ �n COLLIN COUNTY NTY \ .\ _. - - .... TY .... _z CAL L A S COUNTY --- \- -- _ ' \\ _ T - U N_T Y Existin9Thgraushfa e\\ >� \\ :ir"; i -� - --_ - to-ar,crcy Tnoroavniara Prang "`� " \ 4 - '\' Prgaosed Thgrau hfare j \"• Pateeel�al�" \ � �i0�y `1 .� - ` � _ � _- f C:t hfare Pfari __Pdrlrt€x5hipe \" \ \ 5E' \� Pavate, ,yU`\W� _ >'.> `-__= Comprehensive Plan Addition \_ --A-,- = ;rrcn caY Thoroughfare Nan) -: _• Utility Corndor _- - '4 -_ n:a-r: PULnnilal 6 EOgq 2000 NTMVVD Easement ConnecRan Ea a - Muddy Creek Preserve iSadrsel - - - ■ ■ Trail A N o May 22„2012_ Et 0 Prel -I_-_'- . _ tom=�- :�_- --. ;_ _ _ - 'y' iwkia EiS Focus Area Goal Locations&Estimated Lengths of Proposed Trails Width Surface Cost Range Greenways&Utility Corridors Utilize greenbelts,drainageways, •Municipal Complex Property(est.3.5 miles) •Greenways,10'-12'minimum/12'-14'preferred •Concrete •$5/sq.fr. &utility corridors as trail system •Central floodplain(south from Community Park)(est.1 mile) •Utility Corridors,12'-14'preferred •Crushed Stone •$4/sq.ft. Total Estimated 32.25 miles) connections •Rush Creek floodplain&riparian corridor(est.3.5 miles) •Nature Trails,6'-8'Range •Drainageway connection from Park to Joel Scott Memorial Park(at..5 mile) •Drainageway from W.A.Allen through Pheasant Creek Park to Lake Ray Hubbard(est.1.5 miles) •Overhead electric from Municipal Complex to NTMWD property(est.1.5 miles) •NTMWD easement at Lavon Lake(est.1.5 miles) •Sewer easement at Pleasant Valley(est.1.5 miles) •Overhead electric easement from Avalon Park to Lake Ray Hubbard(est.1.5 miles) •Rail corridor connection from McCreary to Lakeside Estates Park(est..5 mile) •Rail corridor through Historic core(est..5 mile) •Rail corridor along Highway 78(est.2 miles) •Bozman Farms from OHE to Rush Creek(est.2 miles) •Avalon Park(2)to Rush Creek(est..5 mile) •Along Forrest Ross from Eubanks to East Fork Park(est.1 mile) •Community Park to Ballard(est..5 mile) •Brown through Birmingham Farms(est..75 miles) •Muddy Creek from Parker to McMillen(est.2 miles) •Muddy Creek from McMillen to Municipal Complex(est.2.5 miles) •Muddy Creek from FM 544(Kirby)to Hensley(est.1 mile) •Muddy Creek from FM 544(Kirby)to Founder's Park(est..5 mile) •Muddy Creek from Founders Park to Woodbridge Golf Club(est.1 mile) •Alanis Landfill to Woodbridge Golf Club(est..5 mile) •Woodbridge Golf Club to Muddy Creek Preserve(est.1 mile) Lake Frontage/Access Open walkable/bikeable access •Shoreline along Collin Park to NTMWD easement(est.2.5 miles) •Shoreline Trail,12'-14'preferred •Concrete •$5/sq.ft. (Total Estimated 12.5 miles) to Lavon Lake&Lake Ray •NTMWD Easement at Lavon Lake(est.1.5 miles) •Nature Trails,6'-8'Range •Crushed Stone •$4/sq.ft Hubbard •USACE shoreline near NTMWD station(est.1 mile) •Shoreline along East Fork Park(est.2 miles) •Skyview Dr.from East Fork Park to Avalon Park(est..5 mile) •Shoreline along Avalon Park(est.2 miles) •Skyview Dr.from Avalon Park to Hwy.78(est.1 mile) •Along floodplain/ETJ limits from Hwy 78 to overhead electric easement at north end of Lake Ray Hubbard(est 1.5 mils) •Along Ray Hubbard Shorline @ Rush Creek(est..5 mile) Roadways&Parkways Provide safe,walkable/bikeable •Along McCreary from McMillen to Hensley(est.1 mile) •8'-10'minimum where R.O.W available •Concrete •$5/sq.ft. (Total Estimated 21 miles) connections to&from key city •Along Westgate from Joel Scott Memorial Park to Kirby(FM 544)(est..2 mile) •8'in narrow width R.O.W.s destinations •Along Ballard from the electric easement,to historic downtown(est.)5 mile) •Along WA.Allen from Stone to the Pheasant Creek greenbelt area(est.1 mile) •Along Parker Rd.from city limits to Country Club Rd.(est.1 mile) •Along McMillen to Dodd Elementary(est.1.5 miles) •Along Park from Davis Intermediate School to Forrest Ross(est.2.5 miles) •Along Brown from municipal complex to Wylie East High School(est.2.5 miles) •Along FM 544 from McCreary to Rush Creek(est.3 miles) •Along Hensley from Country Club to Sander(est..5 mile) •Along Alanis from Hensley to Rush Creek(est.3.5 miles) •Along Skyview from Wylie E.H.S.to OHE(est..25 mile) •Along Ballard from Alanis to Pleasant Valley(est.1.5 miles) •Along Sachse Rd.from Ballard to Woodbridge Golf Club(est.1 mile) •Along Paul Wilson from electric easement to Park(est..5 mile) •Along Country Club from FM 544 to city limits(est.1 mile) •Along Brown to Hwy 78 at Oncor Lavon Park(est..5 mile) •Along Hwy 78 at Oncor Transfer Station(est..5 mile) Trailheads&Intersections Establish locations for trailhead Major Trailheads/Intersections: Varies •Concrete •$5/sq.fr. treatments to serve as wayfinding •FM 544 @ Country Club Future City Identity Opportunities: •Enhanced Concrete •$8-$10/sq.ft. &signature elements throughout •Community Park @ Thomas Major •Unit Pavers •$8/sq.ft. the trail system •Eubanks @ rail corridor near Centennial •Hwy 78 @ Alanis Minor Trailheads/Intersections: •Hwy 78 @Ballard •McMillen @ Muddy('reek •Hwy 78 @Wylie East Dr. •Country Club @ McMillen •McMillen @ McMillen Jr.High School Minor •Park @ Davis Intermediate School •McCreary @ McMillen •Skyview @ Forrest Ross •McCreary @ FM 544 •Skyview @ Wylie Lakes Park •Parker @ FM 1378/Country Club •Skyview @ Avalon Park •Park @ FM 2514 •Country Club @Brown •Hwy 78 @ FM 544 •Ballard @ Brown •Olde City Park •Ballard @ Alanis •Hwy 78 @ Woodbridge Golf Club •Hwy 78 @ Eubanks •Woodbridge Golf Club @ Ballard •Troy @ Alanis •Rush Creek near Troy @ Alanis •Brown @ Wylie East Dr. 1H1111111111111111 1111111111111111111111111,„„ 111111''''',1111111,1%, vvvvvvo,11,111 u 1,11.?(„;160:111011 'l'„11 1,Pt111111'1111111111o,„,411"11',j,,,,,,I,11,144,,',411110:0'1,1111" 00,10,1110001111100 :,„,001101000000000VV000„„„ 000000000000000000001„:;00h1110,11100010„„00 „0000001,0000000 011111°'le01100111°°4011001001001g,04110,0100,7(0,000001000"°111110,,000,10006,u10000 1,0•0?'',"u,'1,111! 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POLATNUN3 f/A.,//4111N DiryclIN And P II lid PA Ille A IV 11,1 rgnArs 74( Wylie City Council CITY OF W I E AGENDA REPORT Meeting Date: July 24, 2012 Item Number: F. Department: Engineering (City Secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: July 10, 2012 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, the award of bid # W2012-43-B for East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project to AUI Contractors Inc. in the amount of $3,831,968.00, as the lowest responsive,responsible bid; and authorizing the City Manager to execute any and all necessary documents. Recommendation Motion authorizing the award of bid # W2012-43-B for East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project to AUI Contractors Inc. in the amount of $3,831,968.00, as the lowest responsive, responsible bid; and authorizing the City Manager to execute any and all necessary documents Discussion On June 7, 2012, at 2:00 p.m., seven bids were opened for the construction of the East Brown Street Pump Station which includes a 1.5 million gallon ground storage tank. The East Brown Street Pump Station is the relocation of the Wylie No. 1 Delivery Point which is currently located within the NTMWD plant site. The staff recommends the award of bid#W2012-43-B for East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project to AUI Contractors Inc. Certificates of Obligation in the amount of $7,750,000 were issued in 2007 for multiple water system projects including improvements to Wylie No. 1. The project is also included in the water system 10-year capital improvements plan and the impact fee calculation. The North Texas Municipal Water District agreed to participate in the relocation of the delivery point in the amount of $475,000 and they will also pay for the installation of the new meter and control valve vault. Funding for the project is indicated below: FUNDING SOURCES 2007 Water System CO's $1,846,593 Water Impact Fees $1,200,000 NTMWD $785,375 TOTAL $3,831,968 Approved By Initial Date Department Director CH 7/12/2012 City Manager MM June 20, 2012 Page 1 of 1 Page 2 of 2 CORRECTED BID TABULATION W2012-43-B East Brown Street Pump Station & 1.5 MG Ground Storage Reservoir 6/7/12 prior to 2:00 pm CDT BASE BIDS Total Amt of Base Alt Bid 1A Pump Total Amount Bid Contractor Base Bid 1 Base Bid 2 Base Bid 3 Bid Station (Base+Alt) Archer Western Contractors Inc. $ 1,888,150.00 $ 1,532,000.00 $ 283,285.00 $ 3,703,435.00 $ 137,600.00 $ 3,841,035.00 AUI Contractors Inc. $ 1,920,593.00 $ 1,451,000.00 $ 310,375.00 $ 3,681,968.00 $ 150,000.00 $ 3,831,968.00 Bar Constructors $ 2,453,781.00 $ 1,396,500.00 $ 314,804.00 $ 4,165,085.00 $ 138,000.00 $ 4,303,085.00 Gracon Construction Inc. $ 1,984,842.00 $ 1,655,000.00 $ 309,175.00 $ 3,949,017.00 $ 155,000.00 $ 4,104,017.00 Legacy Contracting LP $ 2,011,982.00 $ 1,611,000.00 $ 436,925.00 $ 4,059,907.00 $ 140,000.00 $ 4,199,907.00 Pepper Lawson Waterworks $ 1,941,275.00 $ 1,541,000.00 $ 392,725.00 $ 3,875,000.00 $ 136,000.00 $ 4,011,000.00 RAMA Enterprises LLC $ 1,963,416.00 $ 1,750,000.00 $ 426,571.00 $ 4,139,987.00 $ 149,000.00 $ 4,288,987.00 I certify that the above includes all firms contacted to bid and that replies are exactly as stated. eilennt` fivm /2, 20/2 (�vzr' . > Glenna Hayes C.P.M.,A.P.P. Purchasing Agent Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT- CITY OF WYLIE,TEXAS III 4775 North Freeway uir Fort Worth,Texas 76106 P 817.926.4377 F 817.926.6415 AUlcontractors.com June 12, 2012 Birkhoff, Hendricks&Carter, LLP 11910 Greenville Ave, Suite 600 Dallas, TX 75243 Office: 214-361-7900 Email: JCarter@BHCLLP.com Re: East Brown St Pump Station and 1.5MGD Ground Storage Reservoir—Bid Tabs Mr. Carter, The purpose of this letter is to clarify AUI Contractors, LLC's bid price for the City of Wylie East Brown Street Pump Station and 1.5MGD Ground Storage Reservoir project. On June 7,2012 AUI Contractors,LLC submitted a bid to the City for the East Brown Street Pump Station project. Our bid as submitted totaled$3,853,244.00 including alternates. The following day it was brought to our attention that that a totaling error was made on our bid forms. After evaluating the bid form it was determined that bid item 1-I8 was calculated using the wrong quantity. Adjusting for the correct quantity resulted in a bid item total of$121,825.00. Upon further examination of the bid forms a discrepancy was also found with bid item 1-9. The submitted bid form listed a unit price of$987.00 and a total price of$1974.00 for this item while the in-house copy of the bid from listed a unit price of$13,000 and a total price of$26,000.00. After the adjustments were made the new corrected amount for the project totaled$3,831,968.00. AUI accepts this total as correct and will honor this price. Should you have any questions or need more information regarding this matter please contact me. 'ncerely, Douglas L. Wasik W/WW Estimator AUI CONTRACTORS, LLC--SUPERIOR SERVICES WITH AN EXCEPTIONAL TEAM BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Grcenv'ilk Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOHN V i31RKHOrr. GARY C.IEE:NDRICKS P.IS. JOF R.CARTER.P.L PAL xl A.C'ARI.INF.P,r_ MATE MUCK!Y.I'L ANDRLW MA1 A.JR,. JOSLPH 1 GRAJI WSKI.!!I.P.L. June 11,2012 DER!K B ("HANLY.P I Mr. Chris Hoisted, P.E. City Engineer City of Wylie 300 Country Club Road Wylie, Texas 75098 Re: East Brown Street Pump Station and 1.5 MG Ground Storage Reservoir Recommendation for Award of Contract Dear Mr.Hoisted: We checked the bids received at 2:00 p.m. on June 7,2012, for construction of the East Brown Street Pump Station and 1.5 MG Ground Storage Reservoir project and are returning the original bid documents and bonds with this letter. Please return the bid bonds. Two copies of the Bid Tabulation are enclosed for your use. AUI Contractors, LLC,submitted the lowest Total Base Bid in the amount of$3,681,968.00. The Base Bid includes the Pump Station with three pumps (Schedule 1), 1.5 MG Ground Storage Reservoir(Schedule 2), and NTMWD Meter Vault(Schedule 3). AUI Contractors, LLC also submitted the lowest bid for the Base Bid plus the Alternate Bid(two additional pumping units). The total amount for the Base Bid the Alternate Bid is$3,831,968.00. A letter from AUI Contractors, LLC is attached that clarifies and accepts the bid price shown on the Bid Tabulation. We worked with AUI Contractors,LLC on similar projects. The Ground Storage Reservoir contractor was named as Natgun Corporation and they have significant experience in constructing this type of project. In our opinion, AUI Contractors, LLC has the qualifications necessary to successfully complete this project. Accordingly,we recommend that the City of Wylie accept the bid of AUI Contractors,LLC and award them a contract for construction of the East Brown Street Pump Station and 1.5 MG Ground Storage Reservoir project in the amount of S3,831,968.00 if sufficient funds are available to include all five pumps or in the amount of$3,681,968,00 for the base bid including three pumps. We are available to discuss this project and our recommendation at your convenience. Sincerely yours, Joe R.Carter, P.F Enclosures Texas American.Public Works Association 2011 Awardee Environmental Project of the Year$2-$10 Million - Columbian Pump Station Rehabilitation i ^kr-:a;a phe 2909-126 t brorrm strett p.'mo stair Inters k recommend amard.do c Texas firm F5?6 ni NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity June 3,2009 Mr.Chris Hoisted,P. E. City Engineer, City of Wylie 2000 Highway 78 North i Wylie,TX 75098 ' Re: Wylie No. 1 Delivery Point Relocation Request for NTMWD participation Dear Mr. Hoisted: NTWMD's Board of Directors authorized the District's participation in the relocation of the Wylie No. 1 Delivery Point at the May 2009 Board Meeting as requested in your letter dated March 30, 2009. The Board recognizes the mutual benefits for NTMWD and the City of Wylie if Wylie relocates its No. 1 Delivery Point to a location off the plant site. The Board approved NTMWD'S participation in the relocation of the original Wylie No. 1 Delivery Point in an amount not to exceed $475,000 above NTWWD's normal participation in the cost of construction and installation of a meter and control valve vault. NTMWD looks forward to serving the City of Wylie at the new Wylie No: 1 Delivery Point as the City of Wylie continues to grow. If you have any questions or would like to discuss this matter in more detail, please call this office or Mr. Steve Long at 972-442-5405. Sincerely, C—'7••. 0,1Q).„..„...... ES M. PARKS • utive Director Xc: Judd Sanderson,NTMWD David Hartless,NTMWD Steve Long,NTMWD Bob Reeves,NTMWD 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:9721295-6440 Wylie City Council CITY O WY LIE AGENDA REPORT Meeting Date: July 24, 2012 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 20, 2012 Budgeted Amount: $ Exhibits: 3 Subject Conduct a Public Hearing for the annexation of a 2.208 acre tract of land situated in the James Truitt Survey, Abstract No. 920, Collin County, Texas, generally located north of Brown Street and east of Ballard Avenue. Recommendation Conduct Public Hearing only.No action is necessary. Discussion This annexation is at the request of the property owner, MOST REVEREND KEVIN J. FARRELL, D.D., (St. Anthony Catholic Church). The subject tract is contiguous to current property the church owns and north of the existing facility. The applicant desires to bring the subject tract into the city and Replat to join with existing property to the south for future development and expansion. Exhibits attached: Exhibit"A"Petition for Annexation; Exhibit"B" Legal Description; Exhibit"C" Survey Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings June 27, 2012 and July 4, 2012 First Public Hearing July 10, 2012 Second Public Hearing July 24, 2012 Adoption of Ordinance August 14, 2012 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052(h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 06/20/12 City Manager MM July 20, 2012 Page 1 of 1 PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS: Now comes the Most Reverend Kevin J. Farrell, D.D.,Bishop of Dallas in the County of Dallas and in the State of Texas and represents to the City Council of the said City of Wylie,Texas,that he is the owner of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County,Texas,and in which has less than three(3)qualified voters residing and is not more than one-half mile in width as described as follows: LEGAL DESCRIPTION BEING a tract of land situated in the James Truitt Survey,Abstract No.920,a part of a tract of land conveyed to Edwin Boyce as recorded in Instrument File No.96-0082407 of the Deed Records of Collin County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 34 inch yellow-capped iron rod found for corner in the East line of said Boyce tract recorded in I.F.#96-0082407, being a point in the West line of a tract of land conveyed to Charles Grahmann as recorded in Volume 5427, Page 1720 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land conveyed to Edwin Boyce as recorded in Instrument File No.97-0001038 of the Deed Records of Collin County,Texas; THENCE South 88 degrees 32 minutes 41 seconds West,a distance of 122.96 feet to a 1 inch iron rod found for corner, being the Southeast corner of a tract of land conveyed to Glenis Dixon as recorded in Volume 2777,Page 565 of the Deed Records of Collin County,Texas: THENCE North 00 degrees 11 minutes 04 seconds West, a distance of 70.42 feet to a 1 inch iron pipe found for corner; THENCE South 88 degrees 12 minutes 18 seconds West,a distance of 114.87 feet to a 'A inch iron rod found for corner in the East Right of Way line of Ballard and being in the West line of said Boyce tract recorded in I.F.#96-0082407; THENCE North (directional control), a distance of 365.72 feet to a h inch yellow-capped iron rod set for corner from which a found 5/8 red-capped iron rod bears North 76 degrees 50 minutes 46 seconds East,a distance of 10.70 feet; THENCE North 87 degrees 42 minutes 36 seconds East, a distance of 239.04 feet to a inch yellow- capped iron rod set for corner in the said West line of Grahmann tract and being the Southeast corner of a tract of land conveyed to AA Assured Storage, LTD. As recorded in Volume 5532, Page 3858; THENCE South 00 degrees 06 minutes 58 seconds West, a distance of 438.98 feet to the PLACE OF BEGINNING and containing 96,178 square feet or 2.208 acres of land. Said Most Reverend Kevin J. Farrell, D.D.,Bishop of Dallas represents that he desires for the property to be annexed into and made part of the said City of Wylie,Collin County,Texas,subject to all laws, rules,and regulations of said City. Your petitioner,therefore,respectfully prays that the land above described be annexed to the said City of Wylie,Texas,as provided by Article 974(g)of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the ,� day of \J a e' 20 I t v/A A e - �rov r Ple s Print Name it,; y r � Address ' � .z , City State Zip r RECEIVED `By Mary at 4:20 pm,Jun 08,2012 i ` RAP C-FT4'147,7 iErnn SURVEY PLAT an s RESIDENCE/FENCES, — BARRY S. RHODES Registered Professional Land Surveyor (972) 475-8940 '- 1 _. This is to certify that I hove, this date, mode o careful and occurote survey on the ground of property 1 located at No. BALLARD , in the city of WYLIE Texas PEST ; 4 3 c - ..G STATE OF TEXAS: ` -- , < _YC COUNTY OF COLLIN: • I BEING a tract of land situated in the James Truitt Survey,Abstract No,920,a part of a tract of land conveyed to Edwin Boyce as recorded in Instrument File No.96-0082407 of the Deed Records of Collin County,Texas and being more 1?i, particularly described by metes and bounds as follows: 1 c 2 BEGINNING at a'Ainch yellow-capped iron rod found for corner in the East line of said Boyce tract recorded in I.F.# 2; 96-0082407,being a point in the West line of a tract of land conveyed to Charles Grahmann as recorded in Volume 5427, ig j i Page 1720 of the Deed Records of Collin County,Texas and being the Northeast corner of a tract of land conveyed to Edwin Boyce as recorded in Instrument File No.97-0001038 of the Deed Records of Collin County,Texas; \ - .'c1cX id THENCE South 88 degrees 32 minutes 41 seconds West,a distance of 122.96 feet to a 1 inch iron rod found for corner, I T..1 I being the Southeast corner of a tract of land conveyed to Glenis Dixon as recorded in Volume 2777,Page 565 of the Deed �" z Records of Collin County,Texas; it tg 1 o Z 0 I l 1 , V THENCE North 00 degrees 11 minutes 04 seconds West,a distance of 70.42 feet to a 1 inch iron pipe found for corner;THENCE South 88 degrees 12 minutes 18 seconds West,a distance of 114.87 feet to a 1/2inch iron rod found for corner in II a the East Right of Way line of Ballard and being in the West line of said Boyce tract recorded in I.F.#96-0082407; r ' ' v� . 96,178 SOFT E Jw `,, _ I 2.208 ACRES D THENCE North(directional control),a distance of 365.72 feet to a/2 inch yellow-capped iron rod set for comer from ` ® 1 Ln i> which a found 5/8 red-capped iron rod bears North 76 degrees 50 minutes 46 seconds East,a distance of 10.70 feet; .,_ 8z I t CS 1 , ® THENCE North 87 degrees 42 minutes 36 seconds East,a distance of 239.04 feet to a'Ainch yellow-capped iron rod set ® i 2 �-�y 1; for corner in the said West line of Grahmann tract and beingthe Southeast corner of a tract of land conveyed to AA I r o Assured Storage,LTD.as recorded in Volume 5532,Page 3858; l THENCE South 00 degrees 06 minutes 58 seconds West,a distance of 438.98 feet to the PLACE OF BEGINNING and i _ 31 containing 96,178 square feet or 2.208 acres of land. ll .T i[ 1 [1,oHPL -_ 1 MBE T- FENCE 1, x BYF THIS CERTIFICATION DOES NOT RECEIVED 2 - 25' TAKE INTO CONSIDERATION PROPERTY SUBJECT TO ,4.€a A.3,1 1 , ADDITIONAL FACTS THAT AN EASEMENT TO THE CITY OF WYLIE By Mary at 4:20 pm,Jun 08,2012 ACCURATE TITLE SEARCH AND OR VOLUME 859, PAGE 295 MEAS. S 8 '2 a e £14H7 - GLEN'S ` s, EXAMINATION MIGHT DISCLOSE. 2777 P Elr - The plot hereon is true, correct, and accurate representation of the property os determined by - _ survey, the lines and dimensions of said property being os indicated by the plat:the size, location EGINNING °ad type of building and improvements ore as shown, all improvements being within the boundaries • • of the property, set back from property lines the distance indicated. •��Oe p� - n 1 --- 5g< :^_r T GJ' *OtS .9 6f - c Rom- -4 a THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS,EXCEPT AS SHOWN. � w a 72 42—` -122 6 THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR • 80 mS Scale: 1" = 60' DON KEACH ti•• 6A.R• 1—14 2008 ° 361 '°'... ' • ,� yr iii Dote: USE OF THIS SURVEY FOR ANY OTHER PURPOSE G. F. No.: OR OTHER PARTIES SHALL BE AT THEIR RISK AND 90� t Job no.: 87255 UNDERSIGNED IS NOT RESPONSIBLE TO OTHERSufiyE TITLE AND ABSTRACTING WORK FURNISHED BY DON KEACH Drown by: CM FOR ANY LOSS RESULTING THEREFROM. . Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 24, 2012 Item Number: 2. Department: City Secretary/Art Liaison (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: June 18, 2012 Budgeted Amount: Exhibits: Contract Subject Tabled Item: Motion to remove from table and: Consider, and act upon, the final artist and art design for the Downtown Mural Art Project, and authorize the City Manager to execute a contract to commission the art in the amount of$15,000. Recommendation A motion approving the final artists and art design by Roger and Karen Nitz, dba K & R Artworks and authorizing the City Manager to execute a contract to commission the art in the amount of$15,000. Discussion At the June 26, 2012 City Council meeting the Wylie Public Arts Advisory Board recommended Roger and Karen Nitz to commission a mural for the wall located at Olde City Park. Several members of the board and selection panel were present at the meeting and requested time to work with the artist to make some changes to the proposed design. City Council tabled the item for further review by the Public Arts Advisory Board and the Downtown Mural Selection Panel. Two meetings with the artists were conducted and a final design has been completed. The design presented tonight by Roger and Karen Nitz have all the recommended revisions and is the final recommended art design for the downtown mural. Members serving on the selection panel include: Alexis Tapp - Artist (owner of the building where the mural will be placed); Lynn Grimes - representing the Downtown Merchants and owner of Wylie Art Gallery; Margaret Robinette - retired City of Dallas Public Art Coordinator; John Pototschnik —Artist; Gaynell Reed - Public Art Advisory Board member; and Ann Martin - longtime resident of Wylie. City Engineer, Chris Holsted and Public Services Director, Mike Sferra were non-voting advisory members. The City Attorney's office has reviewed and approved the contract as to form. The contract has a completion for fabrication and installation of August 30, 2012. This is flexible with regard to installation timeline changes; the city will not be responsible for storage of the art materials prior to final installation and acceptance by the city. The contract warranties the workmanship for five years and damage such as graffiti for one year; however, the artists have indicated that maintenance on this piece would be minimal in cost. Provisions regarding the lease agreement for the south wall of the building with the building owners are addressed in the contract under Section 8.3. Page 1 of 1 Page 2 of 2 Approved By Initial Date Department Director CE 7/18/2012 City Manager MM July 20, 2012 AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND ROGER AND KAREN NITZ DBA,K&R ARTWORKS (ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED DOWNTOWN MURAL (OLDE CITY PARK) PUBLIC ART PROJECT 104 S.BALLARD BLOCK 4,LOT 3 KELLER'S ADDITION SOUTH-FACING EXTERIOR WALL WYLIE, TEXAS 75098 Made as of the 24th day of July,in the Year 2012 BETWEEN the City: The City of Wylie,Texas 300 Country Club Road,Bldg. 100 Wylie,Texas 75098 Telephone 972-516-6023 and the Artist(s): Roger and Karen Nitz, DBA K& R Artworks 8701 Aviary Drive McKinney, TX 75070 Telephone 214-236-9991 For the following Project: Fabrication of a painted mural as approved in design by the Wylie City Council to be 12' high X 65' in width. The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered b y and between th e City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as (t he"City"), and Roger & Karen Nitz, DBA K & R Artworks, hereinafter referred to as (t he"Artists"),to be effecti ye from and after the date as provided herein,hereinafter referred to as (the"Agreement"). WHEREAS,the City desires to engage the s ervices of the Artists to prepar e and paint t he proposed Downtown Mural Art Project,hereinafter referred to as the"Project"; and WHEREAS,the Artist desires to ren der such ser vices for the City upon t he ter ms and conditi ons provided herein. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 NOW, THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby,the parties hereto agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artists-The City hereby agrees to retain the Artists to per form the services set forth herein in connection with the Project. Ar tist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services-The p arties agree that Artists shall perform such services as are set forth and described in Exhibit"A",which is atta ched hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit"A",in the form of written change orders,may be authorized from time to time by the City. 1.3 Schedule of Work-The Artists agree to commence work by the first week in Jul y 2012 and upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit`B" and incorporated herein b y reference for all purposes,but in no event shall the Project be completed any later than August 30, 2012. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data-The City shall furnish required information that it currently has in its possession, as expeditiously as necessary for the or derly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager-The City shall designate,when neces sary, a representative authorized to act on the City's behalf with respect to the Project(the"Project Manager"). The City or such authorized representative shall exa mine the documents sub milted by the Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services-As des cribed in"Article 1,Artist 's Sery ices", compensation for this Proj ect shall be Fifteen T housand Dollars $15, 000.00) ("Artist's Fee") and will cover all ser vices to be rendered and materi als to be provided in accordance with this Agree ment. The Artist's Fee shall be paid in accordance with Article 3 and the Com pletion Sche dule/Project Billing/Project Budget as set forth in Exhibit`B", att ached hereto. The final fifteen(15)percent of th e Artist's Fee, or Twenty Two Hundred and Fifty Dollars ($2,250.00) shall not be paid until the Artist ha s completed, delivered and installed,where applicable, all of the artwork services and tasks described in Exhibits"A"and`B", attached hereto ("Artwork"). 3.2 Invoices—No pa yment to the Artist shall be made until Artist t enders an invoice to the City. Payments are payable to the Artist within thirty (30)days from the date of invoice as long as the invoice Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 is mailed to City within three (3)day s of the date of the invoice. Invoices are to be mailed to Cit y immediately upon com pletion of each individual t ask listed in Exhibit"A". If any invoice remains outstanding and un paid fo r more than sixty (60)days from the date of invoi ce, and Artist has fully performed its obligations as set forth herein,the Arti st has the opt ion upon written notice to the City ,to suspend all work specified under t his Agreement until the account is brought current. Conti nued performance and/or com pletion of work b y the Artist under this Agreement shall resu me upon the payment of the earned fees by the City. 3.3 Failure to Pay-Failure of the City to pay an invoice, for a reason other than cause,to the Artist within sixty(60)days from the date of the invoice sh all grant the Artist the right,in addition to any and all other rights provided,to,upon written notice to the City,refuse to render further services to the Cit y and such act or acts shall not be dee med a breach of this Agreement. The Cit y shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation -If the Scope of the Project or if the Artist's Services are materially changed,the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. Project Suspension -If the Project is suspended or abandoned in whole or in part,by the City for m ore than three (3)m onths,Artist shall be entitled to co mpensation for any and all work completed to the satisfaction of City in accordance w ith the provisi ons of this Agree ment prior to suspension or abandonment. In the event of such suspension or aba ndonment,Artist shall deliver to City all finished or unfinished documents,data, studies, surve ys, drawings,maps,models, reports,photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final pa yment. If the Project is resu med after being suspended for mo re than three (3)months,the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT Ownership of Work-The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size,nor shall the Artist grant permission to of hers to do so except with the written perm ission of the City . The City shall be entitled to copies of the pl ans and the maquette,which are prepared by the Artist in connec tion with th e development and fabrication of th e Project under this Agreement. The ownership of th e art for the Downtown Mural Public Art Project transferred to the City upon full payment of Artwork described in Exhibits "A"and"B"attached hereto. Ownership of Copyright- Artist shall retain the copyright to the Artwork. Arti st shall take all steps, at his own expense,to protect the copyright of the Artwork. License to City - The Artists irrevocab ly licenses the City , its employees,representatives,officers and agents,the right to make photographs, two dimensional reproductions, and adaptations of the work fo r educational,public relations, arts promotional and other non-com mercial purposes. For the purposes of this Agreement,the following, among others, are deemed to be reproductions and/or adaptations for non- commercial purposes: reproduction in exhibition catalogues, websites,bo oks, slides,photographs, postcards,posters, and calendars;in m agazines,books, art and news sections of newspapers;in general books and m agazines not primarily devoted to art but of an ed ucational,historical or critical nature; Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 slides,videos and film strips not inten ded for a mass audience, and television from stations operated fo r educational purposes or on programs for educational and news purposes from all stations. Copyright Notice — The City undertakes to use its reasonable efforts to i nclude in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Roger&Karen Nitz,DBA K& R Artworks,Artists" 4.5 Representations and Warranties Regarding Copyright — The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright,trademark,or other intangible rights of any third party. ARTICLE 5 FABRICATION Specifications—Artist will fabricate the Artwork,or cause it to be fabricated, in substantial conform ity with the Design approved by City as set forth in Exhibit"A". Chances— Any signific ant changes to the Artwo rk by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a "significant change"will mean any change,i ncluding but not limited to, a change in th e scope,design,color, size,or material of th e Artwork,which affe cts cost,installation, site preparation,maintenance and conc ept as represented in the Design described in Exhibit"A". If Artist wishes t o make a significant change to the Artwork,he/she must request written approval from the City of the ch ange in writing at the address provided in Section 14. City will provide a written response within thirty (30)calendar days. Review of the Artwork—The City will be given access to the Artwork duri ng reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist' s or fabricator's progress with fabrication of the Artwork. Alternatively,th e City requests and shall be given photographic documentation of Artist' s progress to verify each stag e that triggers pay ment pursuant to Section 3.1 above. Notification of Fabrication Completion—Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed. Designated representatives of the City will have the opportunity to inspect the Artwork for conform ity with the desi gn and finis h out require ments and to give written approval or disapproval of the Art work for thirty (3 0)business days following notice from the Artist. As an alternative to the site inspection,photographi c documentation m ay be su bmitted to the City upon completion of the Artwork. Preparation of Site —Due to the nature of the site project and installation of the Artwork, cooperatio n from the Cit y's designated City Proj ects Manager is required. Cit y will provide Arti st with the specifications and drawings for the specific area at the site where the Artwork is to be in stalled. The Project Manager will utilize the design drawings and if,during installation,the Artwork is found to differ from the specifications noted in the drawings,it will be the Artist's responsibilit y t o rem edy th e discrepancy and bring the Agreement into conformance with the drawings. Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects i n workmanship and m aterials. In the event that any defects become apparent in t he wor kmanship or materials within five (5)y ears of the execution of this Agreement,Artist wil 1 remedy any defects at Artist's sole cost and expense. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 ARTICLE 6 STORAGE 6.1 Storage—The Artist shall be solely responsible for any and all necessary storage and transportation costs associated with this Agreement and/or the Project. Artist shall remain solely responsible for ensuring the safety of the Artwork until the permanent installation is completed and the Artist receive final approval of artwork as required herein. ARTICLE 7 FINAL APPROVAL OF ARTWORK tc\11 'DELI VERY. Artist will supervise or cause to be supervised by his subcontractors the packing, crating,transportation of the Artwork to the Site and will cause the Artwork to be delivered to t he site of installation.tc\11 "FINAL APPROVAL OF ARTWORK. Within ten(10)business days of the permanent installation of the Artwork,the Cit y will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds th at any aspect of the Artwork is not in conformance with this Agreement,the City will notify Artist in writing within seven(7)business days of the inspection. Artist will have an opportunity to address and cure any defects,requests or concerns of the City within fifteen(15)days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance -The City undertakes to exercise re asonable care to protect,rep air, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance,including,without limitation,damage by acts of God,vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. Artist agrees for one year to repair the art at his cost should these issues arise. During Artist's lifetime,the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an e mergency requires the City to do so. 8.2 Relocation of the Work—To the extent that the Art work is capable of being relocated,the City shall have the right to do so. If feasible,the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation;however,the Artist's approval is not required for the relocation,if any . If the Artist i s not pleased with such reloc ation,he or s he shall have the right to renounce credit fort he Artwork. If Ar tist renounces credit for his Artwork,this would i nclude, among other things,relinquishment and abandonment of the copyrights described herein. 8.3 Revision,Removal or Destruction of the Work—Artist acknowledges and understands that the Artwork shall be located on a wall that is the subj ect of a lea se agree ment between the City and the property owner("L ease A greement"). The City does not own the wall on which the Artwork shall b e located. The Lease Agreement shall terminate on June 30,2014. The City is prepared, at this time,to take all reaso nable efforts to renew the Lease Agreement;however,there is no guarantee that the Lease Agreement will be renewed. Therefore,Artist ack nowledges and agrees that at the ter mination of the Lease Agreement,the Artwork may be revised,removed,or destroyed by the property owner or the City, and Artist further acknowledges and agrees that Arti st shall have no cause of action against the City for Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 any revision, rem oval or destruction o f the Artwork. In the eve nt the Artwo rk is revised, rem oved or destroyed as a result of the termination of the Lease Agreement,the City shall make reasonable efforts to inform Artist prior to any revision,removal or destruction. 8.4 Credit — The artist agre es, at his own expense,to prepare and i nstall at or near the Project a public notice,the form and exact location of which shall be solely determined by City,giving Artist credit for the creation of the Artwork. The artist will work with staff to create the plaque. ARTICLE 9 INSURANCE COVERAGE Artist shall p rovide and maintain the types and am ounts of insur ance set forth herein for and durin g all aspects and phases of this Project. Artist shall be required to provide and maintain gen eral liability insurance with a minimum of One Million and No/ 100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggre gate. In addition,Artists hall provide and maintain insurance for loss (including theft,fire and damage) and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: Name the City,its officers, agents,representatives, and employees as additional insured are as to all applicable coverage with the exception of workers' compensation insurance. Provide for at least thirty (30)days prior written notice to the City for cancellation,non-renewal, or material change of the insurance. Provide for a waiver of subrogation against the City for injuries,including death, property damage,or any other loss to the extent the same is covered by the proceeds of insurance. Insurance co mpany qualification: All insurance com panics providing the required insura nce shall be authorized to transact busi ness in Texa s and rated a t least "A"b y AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreem ent. If this Agreement is renewed or extended by the City, a ce rtificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artists agrees that a t any tim e during normal business hours and as often as City may deem necessary,Artist shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and m ake excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls,records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four(4) years from the d ate of final settlement of this Agreement or for such other or longer period,if any, as may be required by applicable statute or other lawful requirement. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 The Artists a grees that it is aware of the prohibited in terest requirement of the City Charter,which is repeated on t he Affidavit, and will abide by the same. Further, a lawful representative of Artists shall execute the Affidavit attached hereto as Exhibit"C"and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a pr ohibited interest during the term of this Agreement will render the Agreement void able. The Artists agrees that it is further aware of the ve ndor disclosure requirements set forth in Chapter 176, Local Government Code, as am ended, and will a bide by the same. In this connection, a lawful representative of the Arti st shall execute the Conf lict of Interest Questionnaire,Form CIQ, attached hereto as Exhibit"D"and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist's Default — Failure or refusal of the Artist to pe rform any act herein required,unless mutually agreed to in writing by the City and t he Artist shall constitute a default. In t he event of a default,in ad dition to any other remedy available to the City,this Agreement may be term Mated by the City upon ten (10)day written notice. Such notice do es not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default—If the City deems, in its sole discretion,the Project design is inappropri ate or unworkable for the site,or if the deadlines specified herein are not met due, in wh ole or in part, to the Artist's actions and/or om issions,or if cost estimates indicate that the Project cannot be completed within the Project budget,the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination,Artists shall deliver to City all work,entirely or partially completed. The Artists shall receive as compensation,full payment for services satisfactorily, as solely determined by the City,per formed as outlined in E xhibit"B", as a pplicable,to the date of the term ination notice received. The City shall make this final payment within thirty(30)days of notifying the Artist. The rights and remedies provided by this Agreement are cumulative, and th e use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to a ny other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition t o all remedies at 1 aw,the parties may resolve/mediate any controversy,claim or dispute arising out of or relating to the interpre tation or performance of this Agree ment, or breach thereof,by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 ARTICLE 14 NOTICES Artist agrees that all notices or comm unications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mind y Manson City Manager Carole Ehrlich Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie,Texas 75098 City agrees that all notices or co mmunication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Roger and Karen Nitz,DBA K& R Artworks 8701 Aviary Dr. McKinney, TX 75070 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail,return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addresse e on the date su ch notice or co mmunication is postm arked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement-This Agreem ent,including the exhibits hereto labeled"A"through "D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter h ereof and su persedes all prior and/or contem poraneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit,the provisions of this Agreement shall prevail. 15.2 Assignment and Sublettinu -The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of thi s Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreem ent. All such approved wo rk performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents,em ployees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 15.4 Severability-In the event a term , condition,or provision of this Agreement is determ fined to be invalid,illegal,void,une nforceable,or unlawful by a court of co mpetent jurisdiction,then that ter m, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid,illegal,void,unenforceab le or unlawf ul provision had never been contained herein. 15.5 Venue-Thi s entire Agreem ent is performable in Collin County, Texas and the venue for any action related directly or i ndirectly,to this Agre ement or in any manner connected therewi th shall be Collin County,Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration -This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration,the sufficiency of which is forever confessed. 15.7 Authority- The individuals executing this Agree ment on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agr Bement to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver-Waiver by either party of any breach of this Agreement,or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect,limit or waive such parry's right thereafter to enforce and compel strict compliance. 15.9 Headings- The headings of the various sections of this Agreem ent are in cluded solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts -This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an origi nal for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity—The parties agre e that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 Representations—Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions—This Agreement shall be de emed drafted equall y b y all parties hereto. The language of all parts of this Agreement shall be construed as a whole acco rding to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 Death of Artist— In the event the Artist dies or becom es incapacitated duri ng the term of this Agreement,the fabricatio n,delivery, and installation of the Artwork shall be co mpleted pursuant to the Artist's design, conception, and plans by Roger or Karen Nitz,Artists. 15.15 No Third Party Beneficiaries—Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 IN WITNESS WHEREOF,the parties have execute d this Agreem ent and caused this Agree ment to be effective on the latest day as reflected by the signatures below. EFFECTIVE DATE: July 24, 2012 CITY: ARTIST: The City of Wylie,Texas Roger&Karen Nitz,DBA K&R Artworks,Artists Roger D. Nitz Jr. By: Print Name: Roger Nitz,Artist Karen E.Nitz By: By: Mindy Manson, City Manager Print Name: Karen Nitz,Artist Approved as to Form: By: Abernathy,Roeder,Boyd& Joplin,P.C. City Attorneys STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas,on this day personally appeared MINDY MANSON,known to me to be the person whose name is subscribed to the foregoin g instrum ent and acknowledged to me that she executed the sa me for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of ,2012. Notary Public in and For the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on this day personally ap peared Roger D.Nitz Jr., Artist,known to me to be the person whose nam e is subscribed to the foregoi ng instrum ent and acknowl edged to m e that he/she executed the sam e for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of ,2010. Notary Public in and For the State of STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared Karen E.Nitz,Artist,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2010. Notary Public in and For the State of Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND ROGER& KAREN NITZ,DBA K&R ARTWORKS FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED DOWNTOWN MURAL PUBLIC ART PROJECT 104 SOUTH BALLARD WYLIE, TEXAS 75098 Project Description Downtown Mural Public Art Project To fabricate and install the proposed D owntown Mural Public Art Project artists Roger and Karen Nitz dba K&R Artworks will perform the following tasks: A) Following a site visit, submit final sch ematic drawings of the proposal,based upon subm itted Marquette to City staff an d the Public Arts Advisory Board for their review and approval within sixt y (60)days of the receipt of this agreement. These drawings will include: Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). A description of any issues involved in the constructi on,integration and m aintenance of the Artwork, as well as any third party subcontractors needed to work on the project. A final project budget breakdown not to exceed $15,000 and including an installation timeline. B) Following formal approval by the Public Arts Advisory Board, and the Wy lie City Council,the Artist shall submit a final drawing. C) The Artist sh all fabricate and install the Artwor k in substantial conform ity with the approved design. Any significant changes in the concept, as defined in Article 5.2,must be approved by the City. It is the responsibility of the Artis t to coordinate with the City, the Project Landscape Ar chitect, and Contractor to ensure that the site is prepared to receive the Artwork. The Ar tist will be responsible for preparation of the site,including i nstallation of the foundation base,risers, sculptures and lighting. The City will be responsible for landscaping around the space. D) Upon completion of the permanent installation and clean-up of the site,the City Project Manager will inspect the work and give no tice of acceptance, as provide d in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten(10) days of City's final acceptance of the Artwork. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 MAINTENANCE PROCEDURES Materials and Care Information Sheet(to be filled out by the artist and submitted upon completion of the project prior to final payment.) Artist: Roger and Karen Nitz,dba K& R Artworks Date: 6-26-2012 Title of Work: Wide Awake Wylie Media: Acrylic paint-Mural with oil sealant Specific materials used(Brand name and type of all materials,i.e. type of paper and fiber content, mental alloy,chemical composition of patina, etc.) Acrylic paint with an oil sealant protection from wear and UV rays Specific techniques used in the fabrication of the Artwork. (Airbrush painting,lost wax casting, TIG welding,etc.): Hand painted with airbrush shadows and highlights Grid on building to aid in proportion and placement of characters Fabricator name and address (if other than artist): N/A N/A Installation materials and techniques (Attach as-built drawings as appropriate): Exterior Latex Paint Paint brushes and airbrush Oil sealant and high UV protectant Scaffolding Grid work for placement Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): New coat of sealant every 2 years Oil satin finish with high UV protection Helmans oil Cautions regarding maintenance,handling,etc.: None Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EXHIBIT "B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND "ROGER AND KAREN NITZ,DBA K&R ARTWORKS" (ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED DOWNTOWN MURAL PUBLIC ART PROJECT LOCATED AT 851 HENLSEY LANE,WYLIE TEXAS 75098 Completion Schedule and Project Billing TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of July 24 Agreement and Notice to Proceed. Insurance documentation sent to City. 2 Submit final design and July 24 budget breakdown for approval to city staff. 3 Artist begins work upon $12,750 July 30 issuance of city permit. 4 Artwork drawn and color applied confirmed with staff. (pictures or examination) 5 finish artwork Aug 30 6 City Inspection and $2,250 Aug 30 approval-final signoff TOTAL $15, 000. Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EXHIBIT "C" AFFIDAVIT THE STATE OF TEXAS § COUNTY OF COLLIN § I Roger& Karen Nitz,dba K & R Artworks,Artists, make this affidavit and hereby on oath state th e following: I, and/or a person or persons related to me,have the following interest in a business entity that would be peculiarly affected by the work or decision on the project(check all that apply); Ownership of 10%or more of the voting shares of the business entity. Ownership of$2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10%of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least$2,500. X None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Wylie,Texas,I affirm that no relative of mine,in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code,is a member of the public body which took action on the agreement. SIGNED this 26th day of June ,2012. Roger D.Nitz Jr. /Artist Signature of Official/Title BEFORE ME,the undersigned authority,this day personally appeared Roger D. Nitz Jr. and on oath stated that the facts here in above stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this day of ,20 . Notary Public in and for The State of Texas My commission expires: Agreement for Downtown Mural Public Art Project,Roger and Karen Nitz,DBA K&R Artworks,Artists 611190.1 EX IBIT"D" C• FLICT •F I T T U . Ti• AI - FO For vendor or other person doing business with local governmental entity Page 2 11 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answerto A.B,or C is YES.) This section,item 5 including subparts A, B, C 8 D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary A. Is the local government officer named In this section receiving or likely to receive taxable income from the filer of The questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes I I No D Describe each affiliation or business relationship IA Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date Amended Ds,s3/200d Agreement for Community Park Public Art Project,Roger and Karen Nitz,DBA K & R Artworks,Artists 611190.1 EXHIBIT "E" LEASE AGREEMENT MAINTENANCE OF MURAL AT OLDE CITY PARK This Lease ("Lease") is made and entered into this 10th day of August, 2004, by and between Roger Hankey, an individual ("Lessor"), and the City of Wylie, Texas, a home-rule municipality ("Lessee"). In consideration of the mutual covenants and agreements set forth in this Lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the property described herein, as follows: ARTICLE 1. PREMISES Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, subject to the terms and conditions hereof, the exterior surface only of the south-facing exterior wall on the building located at Block 4, Lot 3, Keller's Addition, City of Wylie, Collin County, Texas (104 S. Ballard, Wylie, Texas) (the "leased premises" or"premises"). ARTICLE 2. TERM The term of this Lease shall be ten (10) years, commencing on July 1, 2004 and ending on June 30, 2014, at which time this Lease shall terminate unless terminated earlier as provided herein. ARTICLE 3. RENT For the term of this Lease, Lessee agrees to pay to Lessor the sum of TEN AND NO/100THS DOLLARS ($ 10.00). ARTICLE 4. USE OF PREMISES Permitted Use 4.1 Lessee may use the leased premises, continuously during any term of this Lease, for the purpose of repairing, replacing, altering and maintaining a painted wall mural. Lessor's Use of the Premises 4.2 Lessor shall not use the premises in any way that interferes with the permitted use of the premises by Lessee. ARTICLE 5. APPROVAL OF PLANS If Lessee shall desire to materially alter the general design of the mural as it exists at the start of this Lease, Lessee will submit plans generally depicting the new design to Lessor, which are subject to the approval of Lessor; said approval not to be unreasonably LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 1 withheld, delayed or denied. Any plan submitted by Lessee shall be deemed approved by Lessor unless disapproved within fifteen(15) days of such submittal. ARTICLE 6. TERMINATION Lessee may terminate this Lease, at any time and for any reason, by giving Lessor thirty (30) days notice in writing of its election to do so. ARTICLE 7. TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, real and personal, special assessments and governmental charges of every character imposed during the term of this Lease. ARTICLE 8. ASSIGNMENT OR SUBLEASE Neither party shall assign this Lease, in whole or in part, or sublet the premises, or any part thereof, without first obtaining the express written consent of the other party. Notwithstanding, should Lessor sell the building upon which the leased premises is located, Lessor shall assign this Lease to the new owner, who shall fulfill Lessor's obligations hereunder. ARTICLE 9. UTILITIES AND GARBAGE REMOVAL Utility Charges 9.1 Lessor shall pay all utility charges for water, electricity, heat, gas and telephone service used in and about the leased premises during the term of the lease or any extensions thereof. Garbage Removal 9.2 Lessor shall pay for the removal of all garbage and rubbish from the leased premises during the term of the lease or any extensions thereof. ARTICLE 10. LESSOR'S RESPONSIBILITY Lessor acknowledges that the leased premises consist only of the exterior face of the south-facing wall. Except for maintenance and upkeep of the mural, Lessee assumes no responsibility for the wall, structurally or otherwise, and all improvements maintenance, upkeep, repairs, etc. to the wall will be the sole responsibility of Lessor during any term of this Lease. Lessee will assume responsibility for any damages caused solely by Lessee in its use of the leased premises during any term of this Lease. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 2 ARTICLE 11. MISCELLANEOUS Cumulative Remedies 11.1 All rights and remedies of Lessor and Lessee under this Lease shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of this lease. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. Waiver of Breach 11.2 A waiver by either Lessor or Lessee of a breach of this Lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Lease. Reference to Lessor 11.3 When referring to "Lessor" herein, it shall mean Lessor, its, officers, directors, agents, employees, legal representatives, successors and assigns. Reference to Lessee 11.4 When referring to "Lessee" herein, it shall mean Lessee, its officers, agents, employees, legal representatives, successors and assigns. Notices and Addresses 11.5 All notices required under this Lease must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: Lessor: Roger Hankey Lessee: City of Wylie !/0 Attn: City Manager Wylie re. 7.5p f/P 2000 Highway 78 North Wylie, Texas 75098 Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section. Parties Bound 11.6 This Lease shall be binding upon, and inure to the benefit of, the parties to this Lease and their respective officers, employees, agents, heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Lease. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 3 Texas Law to Apply 11.7 This Lease shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Lease are performable in Collin County, Texas. Legal Construction 11.8 In case any one or more of the provisions contained in this Lease shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Lease, and this Lease shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Lease. Prior Agreements Superseded 11.9 This Lease constitutes the sole and only agreement of the parties to the agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. Amendment 11.10 No amendment, modification or alteration of the terms of this Lease shall be binding unless it is in writing, dated subsequent to the date of this Lease and duly executed by the parties to this Lease. Force Majeure 11.11 Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this Lease so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods and any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part,to prevent or overcome. Consideration 11.12 This Lease is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts 11.13 This Lease may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 4 Authority to Execute 11.14 The individuals executing this Lease on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Lease to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Lease in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Lease and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Representations 11.15 Each signatory represents this Lease has been read by the party for which this Lease is executed and that such party has had an opportunity to confer with its counsel. Sovereign Immunity 11.16 The parties hereto agree that Lessee has not waived its sovereign immunity be entering into and performing its obligations under this Lease. Miscellaneous Drafting Provisions 11.17 This Lease shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Lease are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED this 10th day of August, 2004, year first above written. LESSOR: LESSEE: ROGER HANKEY THE CITY OF WYLIE, TEXAS, a home-rule municipality By: ate, � � By: i R�anke — Mond , M or g Y LEASE AGREEMENT(Mural-Exterior Wall) 8-10-04 Page 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 10, 2012 Item Number: 3. Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: June 1gt, 2012 Budgeted Amount: $NA Amended Consolidated Fee Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2012-19 amending Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances: Providing for a penalty of the violations of this ordinance: Providing for a repealing, and savings and severability clauses; Providing for an effective date of this ordinance: and Providing for the publication of the caption hereof. Recommendation Motion to adopt Ordinance No. 2012-19, amending Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances: Providing for a penalty of the violations of this ordinance: Providing for a repealing, and savings and severability clauses; Providing for an effective date of this ordinance: and Providing for the publication of the caption hereof. Discussion In August of 2011 Council amended the solid waste contract to provide two events per year in which CWD will collect Household hazardous waste (and other items which are difficult to dispose of). The "Extreme Green" events added an additional .15 cents of cost per household per month. The Extreme Green cost will escalate to .30 cents per month in 2013 and .40 cents per month in 2014. In March of 2012 CWD requested, and was granted, a rate increase of .44 cents per household per month. This ordinance amendment increases the solid waste residential rates by .59 cents per household per month. The current solid waste rates collect approximately $500,000 in excess of what the City pays CWD for the service. Our rationale for collecting more than we pay CWD is to help offset the cost of city street maintenance required due to large, heavy commercial trucks traveling on City residential streets and alley's in order to provide the service. The City of Wylie spends approximately 1.2 million per year in street maintenance. Studies indicate that the majority of damage and wear on city streets and alleys comes from solid waste trucks. According to available research one trip by a loaded (and compacted) solid waste truck equals approximately 1400 car trips. Meaning that 1400 passenger cars would have to travel down a street in order to create the same amount of wear on the street or alley as one trip by a solid waste truck. It is also estimated that the constant stopping and starting of the solid waste truck adds as much as 50% to the damage already being done by the heavy load. Prior to the current economic conditions and subsequent budget cutting, the City of Wylie was spending more in street maintenance than we are currently. According to Public Services Director, Mike Sferra, and Public Works Superintendant, Tim Hopwood, the City will have a bill coming due in the future for deferred maintenance. Page 1 of 2 Page 2 of 2 Wylie solid waste rates compare to area Cities as follows; Wylie Murphy Sachse Rockwall Rowlett Allen Plano McKinney Garland 12.20 12.44 14.10 14.39 15.01 15.02 15.10 15.36 16.58 Approved By Initial Date Department Director JB 6/1/2012 City Manager MM July 20, 2012 ORDINANCE NO. 2012-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING EXHIBIT "A" OF ORDINANCE NO. 2010-20 (CONSOLIDATED FEE ORDINANCE) AND SECTION II (GARBAGE, TRASH, AND BRUSH FEES) OF APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE) OF THE WYLIE CODE OF ORDINANCES; 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 will be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, l'EXAS: 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 Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances. Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances are hereby amended as follows: "II. GARBAGE, TRASH AND BRUSH FEES. A. Residential Fee; Deposits. (1) The collection and removal of garbage, rubbish and brush in one (1) polycart container from residential premises, one (1) time per week and one recycle polycart one (1) time per week, shall be made for a charge of eleven dollars and eighty four cents ($11.89)per residential unit for each calendar month. (2) Nonresidential customers shall be required to make a deposit equivalent to three (3) months' charges, or a minimum thirty-six dollars ($36.00). (3) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be eleven dollars and eighty Ordinance No.2012-19 Amending Exhibit"A"to Ordinance No.2010-20(Consolidated Fee Ordinance) and Section II(Garbage,Trash and Brush Fees)of Appendix C(Wylie Comp.Fee Schedule) Page 1 nine cents ($11.89)per month and shall be charged each month on the utility bill. (4) The following collection fees are based upon the type of establishment or collection, to wit: (a) Duplex,per unit $11.89 per unit (b) Multifamily $11.89 per unit (c) Trailer park $11.89 per unit (5) Each additional Polycart $3.62 B. Commercial Charges. (1) Commercial Hand Collection,per ninety-five(95) gallon polycart Automated Collection Cost: Once(1)per week ..$24.40 Two (2) carts once(1)per week $46.38 (2) Front Load Container Rates: lxwk 2xwk 3xwk 4xwk 5xwk 6xwk 2 cu yd $ 56.55 $120.74.6 $222.55 $310.53 $403.01 $ 496.99 3 cu yd $ 77.93 $145.209 $241.988 $335.163 $451.821 $ 536.75 4 cu yd $ 98.58 $184.260 $258.402 $359.82 $463.223 $ 574.51 6 cu yd $115.012 $210.601 $295.748 $407.456. $529.539 $ 654.04 8 cu yd $128.449 $241.756 $333.063 $456.747 $590.972 $ 713.58 (3) Additional Charges: Additional charge of$9.06 per pick up for containers on Casters Additional charge of$9.06 per pick up for containers with 4 sided enclosures Additional charge of$9.06 per pick up for containers with locks Ordinance No.2012-19 Amending Exhibit"A"to Ordinance No.2010-20(Consolidated Fee Ordinance) and Section II(Garbage,Trash and Brush Fees)of Appendix C(Wylie Comp.Fee Schedule) Page 2 8 cubic yard Cardboard Recycling Container 1 X per week ...$84.28 8 cubic yard Cardboard Recycling Container 2 X per week .$176.74 Front load container exchange charge .$80.84 (4) Extra Pick-Ups: 2 cubic yard ..$50.54 3 cubic yard ..$51.65 4 cubic yard ..$52.78 6 cubic yard ..$55.03 8 cubic yard ..$56.16 (5) Refills: 2 cubic yard ..$39.32 3 cubic yard ..$40.42 4 cubic yard ..$41.54 6 cubic yard ..$43.79 8 cubic yard ..$44.93 (6) Rolloff Charges: 20 cubic yard per haul ...$527.98 (M-F) 30 cubic yard per haul ...$539.51 (M-F) 40 cubic yard per haul ...$574.06 (M-F) Delivery and Exchange $404.77 (M-F) Daily Container Rental $8.17 (7) Compactors: 6 cubic yard compactor haul charge ..$290.20 (M-F) 8 cubic yard compactor haul charge $325.98 (M-F) 30 cubic yard compactor haul charge $539.51 (M-F) 35 cubic yard compactor haul charge $539.51 (M-F) 42 cubic yard compactor haul charge $539.51 (M-F) Disposal will be billed at$34.11 per ton;rates based on 4 ton minimum. (8) Returned Check Charge $26.31 (9) COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT(WISD) (10) Front Load Container Rates: Ordinance No.2012-19 Amending Exhibit"A"to Ordinance No.2010-20(Consolidated Fee Ordinance) and Section II(Garbage,Trash and Brush Fees)of Appendix C(Wylie Comp.Fee Schedule) Page 3 Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week_ 2 Cu Yd $ 71.51 $136.65 $190.97 $265.51 $344.59 $424.94 3 Cu Yd $ 79.17 $149.41 $206.88 $286.56 $386.30 $458.93 4 Cu Yd $ 84.29 $157.07 $220.94 $307.63 $395.56 $491.23 6 Cu Yd $ 98.33 $180.06 $252.86 $348.37 $452.74 $559.22 8 Cu Yd $109.83 $203.05 $284.78 $390.52 $505.30 $625.49 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. C. Fees for Special Collection of Brush and Bulky Waste Items. Special collection of brush and bulky items, in excess of twenty-four(24) cubic yards per resident per year, will be made available to residents at the rate negotiated between the contractor and the resident. D. Denial of Service. In the event of nonpayment of charges for the above services, the City shall have the right to deny further service to such nonpaying person or customer." SECTION 3: Penalty Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2012-19 Amending Exhibit"A"to Ordinance No.2010-20(Consolidated Fee Ordinance) and Section II(Garbage,Trash and Brush Fees)of Appendix C(Wylie Comp.Fee Schedule) Page 4 SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 24th day of July, 2012. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary DATE(S)OF PUBLICATION: , WYLIE ENTERPRISE Ordinance No.2012-19 Amending Exhibit"A"to Ordinance No.2010-20(Consolidated Fee Ordinance) and Section II(Garbage,Trash and Brush Fees)of Appendix C(Wylie Comp.Fee Schedule) Page 5 Wylie City Council CITY OF W I E AGENDA REPORT Meeting Date: July 24, 2012 Item Number: 4. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 16, 2012 Budgeted Amount: Ordinance,Paying Agent Exhibits: Agreement, Time Table Subject Consider, and act upon, all matters incident and related to the issuance and sale of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012", including the adoption Ordinance No. 2012-20 authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. Recommendation Should Council desire to approve this ordinance the motion should contain the following wording. Consider, and act upon, Ordinance No. 2012-20 authorizing the issuance of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012" and approving and authorizing the execution of a Paying Agent/Registrar agreement, a Special Escrow Agreement and a Bond Purchase Agreement and approving and authorizing the distribution of a Preliminary Official Statement and an Official Statement in relation to such Bonds. Discussion The City has negotiated a sale for City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012. The proceeds of this bond sale will be used to refund a portion of the City's outstanding debt and to pay the costs associated with the issuance of the bonds. Approved By Initial Date Department Director LB 7/16/12 City Manager MM July 20, 2012 Page 1 of 1 ORDINANCE NO. 2012-20 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF WYLIE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A BOND PURCHASE AGREEMENT AND A SPECIAL ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas (the "City") has heretofore issued, sold and delivered, and there are currently outstanding obligations totaling in original principal amount $7,448,309 of the following issues or series (hereinafter collectively referred to as the"Refunded Obligations"), to wit: (1) City of Wylie, Texas, General Obligation Bonds, Series 2002, dated September 15, 2002, maturing on February 15 in the years 2013 through 2022, and aggregating in the principal amount of$1,555,000 (the"Series 2002 Refunded Bonds"); (2) City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2005, dated September 1, 2005, being a portion of such obligations maturing on August 1, 2013 through February 1, 2016, and aggregating in the principal amount of$548,209 (the"Series 2005 Refunded Contracts"); (3) City of Wylie, Texas, General Obligation Bonds, Series 2006, dated March 15, 2006, being a portion of such bonds maturing on February 15 in each of the years 2014 through 2022, and aggregating in the principal amount of $3,230,000 (the "Series 2006 Refunded Bonds"); (4) City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2007, dated June 15, 2007, maturing on February 15 in the years 2013 through 2021, and aggregating in the principal amount of$460,100 (the"Series 2007 Refunded Contracts"); and (5) City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007B, dated December 1, 2007, maturing on February 15 in the years 2014 through 2028, and aggregating in the principal amount of $1,655,000 (the "Series 2007B Refunded Certificates"); and WHEREAS, pursuant to the provisions of V.T.C.A., Government Code, Chapter 1207, the City Council is authorized to issue refunding bonds and deposit the proceeds of sale directly Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 with the place of payment for the Refunded Obligations, or other authorized depository, and such deposit, when made in accordance with said statute, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the City Council hereby finds and determines it is in the best interests of the City to refund the Refunded Obligations to restructure the debt service requirements of such Refunded Obligations, and such refunding should be undertaken notwithstanding that the aggregate amount of payments to be made under the refunding obligations herein authorized exceeds the aggregate amount of payments that would have been made under the terms of the Refunded Obligations had the refunding not occurred by a maximum amount of $ and results in a net present value savings of approximately $ , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $ to be designated and bear the title "CITY OF WYLIE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012" (hereinafter referred to as the "Bonds"), for the purpose of providing funds for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Obligations") and to pay costs of issuance, in accordance with the Constitution and laws of the State of Texas, including V.T.C.A., Government Code, Chapter 1207, as amended. SECTION 2: Fully Registered Obligations - Bond Date - Authorized Denominations - Stated Maturities - Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated July 15, 2012 (the "Bond Date"), shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable semiannually on February 15 in each of the years and in principal amounts (the "Stated Maturities") in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2013 2014 2015 2016 *** 2026 2027 2028 2029 The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 2 twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15, 2013,until maturity or prior redemption. SECTION 3: Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the"Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tem and City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds, shall be payable at the Stated Maturities or on a date of earlier redemption thereof only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices, initially in East Syracuse, New York, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date(the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 3 In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Bonds maturing on and after February 15, 2026, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2022 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $5,000 and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and(v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 4 Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption, and has been called for redemption, and notice of redemption thereof has been duly given as hereinabove provided, such Bond(or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor;provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. (e) Conditional Notice of Redemption. With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. SECTION 5: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 5 pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be"Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond;provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SECTION 6: Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of"Book-Entry-Only" securities clearance, settlement and transfer system provided by The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York ("DTC"), in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation,by and between the City and DTC (the"Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants"). While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the"Beneficial Owners")being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 6 maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1201, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9(c), manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9(d), manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified,registered, and delivered. SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the aggregate principal amount of the Bonds with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bond(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. (a) Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 7 other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, engraved, typewritten,photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. (b) Form of Definitive Bonds. REGISTERED REGISTERED NO. $ UNITED STA l'ES OF AMERICA STA l'E OF l'EXAS CITY OF WYLIE, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2012 Bond Date: Interest Rate: Stated Maturity CUSIP No: July 15, 2012 % February 15, 20 Registered Owner: Principal Amount: The City of Wylie (hereinafter referred to as the "City"), a body corporate and political subdivision in the Counties of Collin, Dallas and Rockwall, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the "Registration Date" of this Bond appearing below (unless this Bond bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Bond is prior to the initial interest payment date in which case it shall bear interest from the Bond Date) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2013, until maturity or prior redemption. Principal of this Bond shall be payable at its Stated Maturity or on a redemption date to the Registered Owner hereof upon presentation and surrender at the designated offices of the Paying Agent/Registrar executing the registration Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 8 certificate appearing hereon, initially in Dallas, Texas, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date",which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of$ (herein referred to as the "Bonds") for the purpose of providing funds for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble of the Ordinance(defined below) and referred to as the"Refunded Obligations") and to pay costs of issuance, under and in strict conformity with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the"Ordinance"). The Bonds maturing on and after February 15, 2026, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2022, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Bond to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 9 In the event a portion of the principal amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 10 The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and(iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment(a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF WYLIE, TEXAS Mayor COUN l'ERSIGNED: City Secretary (City Seal) Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 11 (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMP''ROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) OF PUBLIC ACCOUNTS ) REGISTER NO. THE STATE OF TEXAS ) I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this . Comptroller of Public Accounts of the State of Texas (SEAL) (d) Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in East Syracuse, New York is the "Designated Payment/Transfer Office" for this Bond. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Dallas, Texas, as Paying Agent/Registrar Registration date: By: Authorized Signature Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 12 (e) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the Signature guaranteed: name of the registered owner as it appears on the face of the within Bond in every particular. (f) The Initial Bond(s) shall be in the form set forth in subsection (b) of this Section, except that the heading and paragraph one of the form of the single fully registered Initial Bond shall be modified as follows: REGISTERED REGISTERED NO. T-1 $ UNITED STA 1'ES OF AMERICA STA 1'E OF TEXAS CITY OF WYLIE, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2012 Bond Date: July 15, 2012 Registered Owner: Principal Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: STA 1'ED PRINCIPAL INTEREST MATURITY INSTALLMENTS RATE Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 13 (Information to be inserted from schedule in Section 2 hereof) (or so much principal thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2013, until maturity or prior redemption. Principal installments of this Bond are payable on the Stated Maturity dates or on a redemption date to the registered owner hereof by The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Paying Agent/Registrar"), upon its presentation and surrender at its designated offices, initially in East Syracuse, New York, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 2012 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 14 The Mayor, Mayor Pro Tern, City Manager, Finance Director and City Secretary of the City, any one or more of said officials, are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Bonds. SECTION 11: Mutilated - Destroyed- Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 15 therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent,pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three(3)years after the Stated Maturity or applicable redemption date of the Bonds (for which such moneys were deposited and are held in trust to pay) shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by an agency or instrumentality of the United States of America and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Bonds under the then applicable laws of the State of Texas. SECTION 13: Ordinance a Contract - Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section and in Section 29 hereof. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may,with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 16 the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of,premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 17 "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and(2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 18 investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby),whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 19 such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Interest and Sinking Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent(100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Manager, Finance Director and City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (k) Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued and (2) not more than 50% of the Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 20 proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. (1) Not An Advance Refunding. The Bonds are a current refunding of the Series 2002 Refunded Bonds (the "Current Refunded Obligations") in that the Current Refunded Obligations are to be paid and redeemed in full within 90 days of the delivery date of the Bonds. (m) Qualified Advance Refunding. The Bonds are issued in part to refund the Series 2005 Refunded Contracts, the Series 2006 Refunded Bonds, the Series 2007 Refunded Contracts and the Series 2007B Refunded Certificates (collectively, the "Advance Refunded Obligations"), and the Bonds will be issued more than 90 days before the redemption of the Advance Refunded Obligations. The City represents as follows: (1) The Bonds are the first advance refunding of the Advance Refunded Obligations within the meaning of section 149(d)(3) of the Code. (2) The Advance Refunded Obligations are being called for redemption, and will be redeemed not later than the earliest dates on which such issues may be redeemed. (3) The initial temporary period under section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds not later than 30 days after the date of issue of the Bonds; and (ii) with respect to proceeds of the Advance Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Advance Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Advance Refunded Obligations. (5) The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. In the issuance of the Bonds the City has neither: (i) overburdened the tax-exempt bond market by issuing more bonds, issuing bonds earlier or allowing bonds to remain outstanding longer than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) employed on "abusive arbitrage device" within the meaning of Section 1.148-10(a) of the Regulations; nor (iii) employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of Section 149(d)(4) of the Code apart from savings attributable to lower interest rates and reduced debt service payments in early years (n) Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph(3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds to be "qualified tax exempt obligations" in that the Bonds are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of"qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 2012 will not exceed$10,000,000. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 21 SECTION 15: Sale of Bonds - Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold by the City to BOSC, Inc. and SAMCO Capital Markets, Inc. (jointly, the "Purchasers") in accordance with the Bond Purchase Agreement, dated July 24, 2012 (the "Purchase Agreement"), attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes, and the City has determined and does determine that the terms of such Purchase Agreement are in the City's best interests. The Mayor or Mayor Pro Tem are hereby authorized and directed to execute said Purchase Agreement for and on behalf of the City and as the act and deed of this City Council, and in regard to the approval and execution of the Purchase Agreement, the City Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained in the Purchase Agreement are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, Finance Director or City Manager, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated July 24, 2012, in the reoffering, sale and delivery of the Bonds to the public. The Mayor or Mayor Pro Tem and City Secretary are further authorized to deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content delivered by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 16: Special Escrow Agreement Approval and Execution. The "Special Escrow Agreement" (the "Agreement") by and between the City and The Bank of New York Mellon Trust Company,N.A., Dallas, Texas (the"Escrow Agent"), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor or Mayor Pro Tem and City Secretary for and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, appropriate officials of the City in cooperation with the Escrow Agent are hereby authorized and directed to make the necessary arrangements for the purchase of the escrowed securities referenced in the Agreement and the delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "SPECIAL 2012 CITY OF WYLIE, TEXAS, REFUNDING BOND ESCROW FUND" (the "Escrow Fund"); all as contemplated and provided in V.T.C.A., Government Code, Chapter 1207, as amended, this Ordinance and the Agreement. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 22 SECTION 17: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. SECTION 18: Proceeds of Sale. Immediately following the delivery of the Bonds, proceeds of sale in the sum of(i) $ shall be deposited to the credit of the Escrow Fund and (ii) $ shall be deposited to the credit of the Interest and Sinking Fund. The balance of the proceeds of sale of the Bonds shall be expended to pay costs of issuance and bond insurance premium, and any excess amount budgeted for such purpose shall be deposited to the credit of the Interest and Sinking Fund. [Additionally, on or immediately prior to the date of the delivery of the Bonds, a City official listed in Section 30 hereof shall cause to be transferred in immediately available funds to the Escrow Agent from moneys on deposit in the interest and sinking funds maintained for the payment of the Refunded Obligations the sum of$ to accomplish the refunding.] SECTION 19: Redemption of Refunded Obligations. (a) The Series 2002 Refunded Bonds shall be redeemed and the same are hereby called for redemption on August 30, 2012, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with The Bank of New York Mellon Trust Company, N.A. (successor paying agent/registrar to JPMorgan Chase Bank), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit D and incorporated herein by reference as a part of this Ordinance for all purposes. (b) The Series 2005 Refunded Contracts shall be redeemed and the same are hereby called for redemption on February 1, 2013, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to contractholders, with American National Bank of Texas, Wylie, Texas, in accordance with the redemption provisions applicable to such contracts; such suggested form of notice of redemption being attached hereto as Exhibit E and incorporated herein by reference as a part of this Ordinance for all purposes. (c) Series 2006 Refunded Bonds shall be redeemed and the same are hereby called for redemption, with a portion of the 2014 through 2016 maturities being defeased and paid on their respective maturity dates and a portion of the 2017 through 2022 maturities being called for redemption on February 15, 2016, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with The Bank of New York Mellon Trust Company, N.A. (successor paying agent/registrar to Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 23 Chase Bank of Texas, National Association), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit F and incorporated herein by reference as a part of this Ordinance for all purposes. (d) The Series 2007 Refunded Contracts shall be redeemed and the same are hereby called for redemption, with the 2013 maturity being defeased and paid on its maturity date and the 2014 through 2021 maturities being called for redemption on February 15, 2013, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to contractholders, with American National Bank of Texas, Wylie, Texas, in accordance with the redemption provisions applicable to such contracts; such suggested form of notice of redemption being attached hereto as Exhibit G and incorporated herein by reference as a part of this Ordinance for all purposes. (e) The Series 2007B Refunded Certificates shall be redeemed and the same are hereby called for redemption on February 15, 2013, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to certificateholders, with American National Bank of Texas, Wylie, Texas, in accordance with the redemption provisions applicable to such certificates; such suggested form of notice of redemption being attached hereto as Exhibit H and incorporated herein by reference as a part of this Ordinance for all purposes. The redemption of the Refunded Obligations described above being associated with the refunding of such Refunded Obligations, the approval, authorization and arrangements herein given and provided for the redemption of such Refunded Obligations on the redemption dates designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of such Refunded Obligations of the City's decision to redeem such Refunded Obligations on the dates and in the manner herein provided and in accordance with the ordinances authorizing the issuance of such Refunded Obligations and this Ordinance. SECTION 20: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 24 the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 21: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 22: Legal Opinion. The obligation of the Purchasers to accept delivery of the Bonds is subject to being furnished a final legal opinion of Fulbright & Jaworski L.L.P. approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Bonds or an executed counterpart thereof shall accompany the global Bonds deposited with DTC. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 25: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 26: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 27: Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 25 number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year, beginning in or after 2012, financial information and operating data with respect to the City of the general type included in the Official Statement and described in Exhibit I hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so provided shall be prepared in accordance with the accounting principles described in Exhibit I hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet Web site or filed with the SEC. (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 7. Modifications to rights of holders of the Bonds, if material; Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 26 8. Bond calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding subsection (c)(12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Filings with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. (e) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection(c) hereof of any Bond calls and defeasance that cause the City to be no longer such an"obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 27 undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection(b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 30: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Finance Director and City Secretary are hereby expressly authorized, empowered and Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 28 directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance of the Bonds. In addition, prior to the initial delivery of the Bonds, the Mayor, Mayor Pro Tem, City Manager, Finance Director or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect or omission in this Ordinance or such other document; or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Bonds by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of this Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 31: Incorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 32: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33: Bond Insurance. The Bonds have been sold with the principal of and interest thereon being insured by Assured Guaranty Municipal Corp. SECTION 34: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance,was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 35: Effective Date. This Ordinance shall take effect and be in full force from and after its final adoption on the date shown below in accordance with V.T.C.A., Government Code, Section 1201.028. [Remainder of page left blank intentionally] Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 29 PASSED AND ADOPTED, this July 24, 2012. CITY OF WYLIE, TEXAS Mayor ATl'EST: City Secretary (City Seal) Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 S-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 A-1 EXHIBIT B BOND PURCHASE AGREEMENT Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 B-1 EXHIBIT C SPECIAL ESCROW AGREEMENT Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 C-1 EXHIBIT D NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2002 DATED SEPTEMBER 15, 2002 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on February 15 in each of the years 2013 through 2022, and aggregating in the principal amount of $1,555,000, have been called for redemption on August 30, 2012 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of CUSIP Year of CUSIP Maturity Principal Amount Number Maturity Principal Amount Number 2013 $125,000 2018 $155,000 2014 $130,000 2019 $165,000 2015 $135,000 2020 $175,000 2016 $145,000 2021 $185,000 2017 $150,000 2022 $190,000 ALL SUCH BONDS shall become due and payable on August 30, 2012, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (successor paying agent/registrar to JPMorgan Chase Bank) at its designated offices at the following addresses: First Class/Registered/Certified Express Delivery/Courier By Hand Only The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Company,N.A. Trust Company,N.A. Trust Company,N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P.O. Box 396 111 Sanders Creek Pkwy. Corporate Trust Window East Syracuse,NY 13057 East Syracuse,NY 13057 101 Barclay Street, 1st Floor East New York,NY 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City of Wylie, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Dallas, Texas Address: 2001 Bryan Street, 11th Floor Dallas, Texas 75201 Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 D-1 EXHIBIT E NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2005 DATED SEPTEMBER 1, 2005 NOTICE IS HEREBY GIVEN that a portion of the contracts of the above series maturing on and after August 1, 2013, and aggregating in the principal amount of $548,209 have been called for redemption on February 1, 2013 at the redemption price of par and accrued interest to the date of redemption, such contracts being identified as follows: Year of Principal Amount CUSIP Year of Principal CUSIP Maturity Number Maturity Amount Number 8/1/2013 $ 30,559 2/1/2015 $103,478 2/1/2014 $ 98,925 8/1/2015 $105,832 8/1/2014 $101,176 2/1/2016 $108,239 THE FOREGOING CONTRACTS shall become due and payable on February 1, 2013, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said contracts shall be paid to the registered owners of the contracts only upon presentation and surrender thereof to American National Bank of Texas, Wylie, Texas at its designated offices at the following address: THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said contracts and pursuant to an ordinance by the City Council of the City of Wylie, Texas. AMERICAN NATIONAL BANK OF l'EXAS, Wylie, Texas, Address: Wylie, Texas 75 Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 E-1 EXHIBIT F NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS GENERAL OBLIGATION BONDS, SERIES 2006 DATED MARCH 15, 2006 NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series maturing on and after February 15, 2017, and aggregating in the principal amount of $3,230,000, have been called for redemption on February 15, 2016 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of CUSIP Year of CUSIP Maturity Principal Amount Number Maturity Principal Amount Number 2017 $635,000 2020 $345,000 2018 $555,000 2021 $255,000 2019 $485,000 2022 $175,000 A LOT SELECTION has been made and your bond has been selected for redemption. The bonds selected for redemption shall become due and payable on February 15, 2016 and interest thereon shall cease to accrue from and after said redemption date, and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon presentation and surrender of such bonds to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (successor paying agent/registrar to JPMorgan Chase Bank, National Association) at its designated offices at the following addresses. First Class/Registered/Certified Express Delivery/Courier By Hand Only The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Company,N.A. Trust Company,N.A. Trust Company,N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P.O. Box 396 111 Sanders Creek Pkwy. Corporate Trust Window East Syracuse,NY 13057 East Syracuse,NY 13057 101 Barclay Street, 1st Floor East New York,NY 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City of Wylie, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Dallas, Texas Address: 2001 Bryan Street, 11th Floor Dallas, Texas 75201 Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 F-1 EXHIBIT G NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2007 DATED DUNE 15, 2007 NOTICE IS HEREBY GIVEN that the contracts of the above series maturing on and after February 15, 2014, and aggregating in the principal amount of$415,100, have been called for redemption on February 15, 2013 at the redemption price of par and accrued interest to the date of redemption, such contracts being identified as follows: Year of CUSIP Year of CUSIP Maturity Principal Amount Number Maturity Principal Amount Number 2014 $45,000 2018 $55,000 2015 $50,000 2019 $60,000 2016 $50,000 2020 $65,000 2017 $55,000 2021 $35,100 ALL SUCH CONTRACTS shall become due and payable on February 15, 2013, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said contracts shall be paid to the registered owners of the contracts only upon presentation and surrender thereof to American National Bank of Texas, Wylie, Texas at its designated offices at the following address: THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said contracts and pursuant to an ordinance by the City Council of the City of Wylie, Texas. AMERICAN NATIONAL BANK OF l'EXAS, Wylie, Texas, Address: Wylie, Texas 75 Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 G-1 EXHIBIT H NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007B DATED DECEMBER 1, 2007 NOTICE IS HEREBY GIVEN that the certificates of the above series maturing on and after February 15, 2014, and aggregating in the principal amount of$1,655,000, have been called for redemption on February 15, 2013 at the redemption price of par and accrued interest to the date of redemption, such certificates being identified as follows: Year of CUSIP Year of CUSIP Maturity Principal Amount Number Maturity Principal Amount Number 2014 $ 80,000 2022 $110,000 2015 $ 85,000 2023 $120,000 2016 $ 85,000 2024 $125,000 2017 $ 90,000 2025 $130,000 2018 $ 95,000 2026 $135,000 2019 $100,000 2027 $140,000 2020 $105,000 2028 $145,000 2021 $110,000 ALL SUCH CERTIFICATES shall become due and payable on February 15, 2013, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said certificates shall be paid to the registered owners of the certificates only upon presentation and surrender thereof to American National Bank of Texas, Wylie, Texas at its designated offices at the following address: THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said certificates and pursuant to an ordinance by the City Council of the City of Wylie, Texas. AMERICAN NATIONAL BANK OF l'EXAS, Wylie, Texas, Address: Wylie, Texas 75 Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 H-1 EXHIBIT I DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 29 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: 1. Financial information of the general type included in the Official Statement as Appendix B for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 15 in the Official Statement. Accounting Principles The accounting principles referred to in such Section are generally those described in Appendix B to the Official Statement, as such principles may be changed from time to time to comply with state law or regulation. Ordinance No.2012-20 General Obligation Refunding Bonds, Series 2012 I-1 General Obligation Refunding Bonds, Series 2012 Public Property Finance Contractual Obligations, Series 2012 Projected Schedule of Events Jun-12 Jul-12 Aug-12 Sep-12 SMTWT F S SMTWT F S SMTWIF S S MTWT F S 1 2 1 2 3 4 5 6 7 1 2 3 4 1 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Complete By Day Event 4-Jun-12 Monday Initial Draft of Official Statement distributed to City and to Bond Counsel for review 20-Jun-12 Wednesday Receive comments/information from City&Bond Counsel 21-Jun-12 Thursday Send revised draft Preliminary Official Statement to City and Bond Counsel for comments and modifications and to credit rating agency 25-Jun-12 Week of Call With Rating Agencies 11-Jul-12 Wednesday Receive Credit Rating 12-Jul-12 Thursday Distribute Preliminary Official Statement electronically through i-Deal Prospectus to Underwriters 23-Jul-12 Monday Bond Pricing 24-Jul-12 Tuesday Bond Sale: City Council adopts Ordinances and approves Purchase Agreements 28-Aug-12 Tuesday Closings and Delivery of Funds to the City I i stSo t "west'�t�" ' Wylie City Council CITY OF W I E AGENDA REPORT Meeting Date: July 24, 2012 Item Number: 5. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 16, 2012 Budgeted Amount: Ordinance,Paying Agent Exhibits: Agreement, Time Table Subject Consider all matters incident and related to the issuance of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012", including the adoption Ordinance No. 2012-21 authorizing the issuance of such obligations. Recommendation Should Council desire to approve this ordinance the motion should contain the following wording. Consider, and act upon, Ordinance No. 2012-21 authorizing the issuance of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012" and approving and authorizing the execution of a Paying Agent/Registrar agreement, and a Purchase Agreement and approving and authorizing the distribution of a Preliminary Official Statement and an Official Statement in relation to such Bonds. Discussion The City has negotiated a sale for City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012. The proceeds from the sale of the Contractual Obligations will be used for the purpose of purchasing two quints (quintuple combination pumper) for the fire department and professional services rendered in connection therewith. Approved By Initial Date Department Director LB 7/16/2012 City Manager MM July 20, 2012 Page 1 of 1 ORDINANCE NO. 2012-21 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012"; SPECIFYING THE TERMS OF SUCH CONTRACTS; MAKING PROVISIONS FOR THE PAYMENT THEREOF; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE EXECUTION, PERFORMANCE AND PAYMENT OF SUCH CONTRACTS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT AND THE APPROVAL AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to V.T.C.A., Local Government Code, Subchapter A of Chapter 271, as amended (the "Public Property Finance Act"), the City Council is authorized and empowered to execute,perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and WHEREAS, in accordance with the provisions of the Public Property Finance Act, the City Council hereby finds and determines that the acquisition, use or purchase of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City, should be financed under and pursuant to one or more contractual obligations to be executed and delivered on the terms and in the form hereinafter prescribed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Contract - Authorization - Contract Amount - Property Identification. Contracts, aggregating in amount $ (the "Aggregate Contract Amount") and entitled "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012" (the "Contractual Obligations" or the "Contracts") shall be and are hereby authorized to be executed and delivered with the Initial Contracting Party, and the assigns thereof, to finance the use or the purchase or other acquisition of personal property identified in Exhibit A attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property"); all in accordance with and pursuant to authority conferred by the laws of the State of Texas, particularly the Public Property Finance Act. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 SECTION 2: Fully Registered Form - Contract Date - Authorized Amounts - Installment Payments - Interest Rate. The Contracts shall be made, executed and delivered in fully registered form, bear a date of July 15, 2012 (the "Contract Date"), and, except for the Initial Contract authorized in Section 8 hereof, shall be in authorized amounts of$5,000 or any integral multiple thereof (not to exceed an Installment Amount), and the Aggregate Contract Amount shall be payable in annual installments (the "Installment Amounts") on February 15 in the amounts and interest shall accrue on such Installment Amounts at the per annum rate(s) as follows: Installment Interest Payment Date Amount Rate(s) 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Interest on the unpaid Installment Amounts shall accrue from the Contract Date (calculated on the basis of a 360-day year of twelve 30-day months) and such interest shall be payable on February 15 and August 15 in each year, commencing February 15, 2013, until maturity or prior redemption. SECTION 3: Terms of Payment- Paying Agent/Registrar. The Installment Amounts on each Contract and the interest thereon shall be payable only to the registered contracting party or person (hereinafter called the "Contracting Party") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and such Installment Amounts and the interest payable thereon shall be payable in coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and without exchange or collection charges to the Contracting Party. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Contracts is hereby approved and Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 2 confirmed. Books and records relating to the registration, payment, exchange and transfer of the Contracts (the"Contract Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a"Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit B, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are hereby authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Contracts. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Contracts are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified to perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Contracts, the City agrees to promptly cause a written notice thereof to be sent to each Contracting Party by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Installment Amounts shall be payable when due or on a date of earlier redemption thereof only upon the presentation and surrender of the Contracts to the Paying Agent/Registrar at its designated offices, initially in East Syracuse, New York, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"). Interest on the Installment Amounts shall be paid to the Contracting Parties which appear in the Contract Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Contracting Party recorded in the Contract Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. If the date for the payment of an Installment Amount or interest thereon shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing on the Contract Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Contracts maturing on and after February 15, 2023, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in Installment Amounts of $5,000 or any integral multiple thereof (and if within an Installment Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 3 Amount by lot by the Paying Agent/Registrar), on February 15, 2022 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Contracts (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Contracts, the Installment Amounts, or portions thereof, to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Contracts shall be entered in the minutes of the governing body of the City. (c) Selection of Contracts for Redemption. If less than all Outstanding Contracts of the same Installment Amount are to be redeemed on a redemption date, the Paying Agent/Registrar shall determine which Contracts to redeem by dividing such Installment Amount by $5,000 and the product of such division shall represent the number of Contracts Outstanding for purposes of selecting by lot which Contracts are to be redeemed in whole or in part. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Contracts, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Contracting Party of a Contract to be prepaid in whole or in part at the address of the Contracting Party appearing on the Contract Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Contracting Party. All notices of redemption shall (i) specify the date of redemption for Installment Amounts, (ii) identify the Contracts to be prepaid and, in the case of a portion of the Installment Amount of a Contract is to be prepaid, the amount to be prepaid, (iii) state the redemption price, (iv) state that the Installment Amount, or the portion of thereof to be prepaid, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the Installment Amount thereof to be prepaid, shall cease to accrue from and after the redemption date, and (v) specify that the redemption of the Installment Amount is conditioned on the presentation and surrender of the Contracts to the Designated Payment/Transfer Office of the Paying Agent/Registrar. If a Contract is subject by its terms to prior redemption and notice of redemption has been duly given as hereinabove provided, the Installment Amount of such Contract(or the portion thereof to be prepaid) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided sufficient moneys for the purpose of such redemption are held by the Paying Agent/Registrar. (e) Conditional Notice of Redemption. With respect to any optional redemption of the Contracts, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Contracts to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Contracts and the Paying Agent/Registrar shall give notice, Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 4 in the manner in which the notice of redemption was given, to the effect that the Contracts have not been redeemed. SECTION 5: Assignment- Registration- Transfer- Exchange of Contracts. The Paying Agent/Registrar shall obtain, record, and maintain in the Contract Register the name and address of each and every Contracting Party to a Contract executed and delivered under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Contract may be assigned, transferred or exchanged for Contracts of other authorized amounts by the Contracting Party, in person or by his duly authorized agent, upon surrender of such Contract to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of assignment and transfer or request for exchange duly executed by the Contracting Party or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Any Contract to be assigned and transferred shall be surrendered to the Paying Agent/Registrar and, upon its receipt and cancellation, the Paying Agent/Registrar shall register and deliver, in the name of the designated assignee or transferee, one or more new Contracts of authorized amounts and, except for the assignment and transfer of the Initial Contract by the Initial Contracting Party, having the same Payment Date and of a like Installment Amount as the Contract or Contracts surrendered for assignment and transfer. Contracts may be exchanged for Contracts of other authorized amounts and having the same Payment Date, bearing the same rate of interest and of like aggregate Installment Amount as the Contracts surrendered for exchange, upon surrender of the Contracts to be exchanged to the Paying Agent/Registrar. Whenever any Contracts are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Contracts to the Contracting Party requesting the exchange. When a Contract has been duly assigned and transferred or exchanged, the new Contract or Contracts registered in such assignment and transfer or exchange shall be delivered to the Contracting Party at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Contracting Party, and, upon the registration and delivery thereof, such Contracts shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Contracts surrendered in such assignment and transfer or exchange. All transfers or exchanges of Contracts pursuant to this Section shall be made without expense or service charge to the Contracting Party, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Contracting Party requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Contracts cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Contracts," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Contract or Contracts registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Contracts" shall include any mutilated, lost, destroyed, or stolen Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to the provisions of Section 11 hereof Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 5 and such new replacement Contract shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Contract. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Contracting Party any Contract called for redemption, in whole or in part,within 45 days of the date fixed for the redemption of such Contract;provided, however, such limitation on transferability shall not be applicable to an exchange by the Contracting Party of the unredeemed balance of a Contract called for redemption in part. SECTION 6: Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions contained herein relating to the payment of and transfer/exchange of the Contracts, the City hereby approves and authorizes the use of "Book-Entry-Only" securities clearance, settlement and transfer system provided by The Depository Trust Company ("DTC"), a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Blanket Letter of Representations, by and between the City and DTC(the"Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Contracts shall be deposited with DTC, who shall hold said Contracts for its participants (the "DTC Participants"). While the Contracts are held by DTC under the Depository Agreement, the Contracting Party of the Contracts on the Contract Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Contract (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Contracts or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Contracts, the City covenants and agrees with the Contracting Parties of the Contracts to cause Contracts to be printed in definitive form and provide for the Contract certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Contracts in definitive form shall be assigned, transferred and exchanged on the Contract Register maintained by the Paying Agent/Registrar and payment of such Contracts shall be made in accordance with the provisions of Sections 3 and 5 hereof. SECTION 7: Execution- Registration. The Contracts shall be executed on behalf of the City by the Mayor, with the seal of the City reproduced or impressed thereon and countersigned by the City Secretary. The signature of such officers on the Contracts may be manual or facsimile. Contracts bearing the manual or facsimile signatures of the persons holding such offices on the Contract Date shall be deemed to be duly executed on behalf of the City, notwithstanding a change in persons holding such offices at the time of delivery of the Contracts to the Initial Contracting Party and with respect to Contracts delivered in subsequent assignments and transfers or exchanges. No Contract shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless the registration certificate appearing on the Contracts to be Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 6 signed by the Comptroller of Public Accounts of the State of Texas (substantially in the form provided in Section 9(c) and/or the Paying Agent/Registrar(substantially in the form provided in Section 9(d), either or both such certificates, as the case may be, are manually executed by an authorized officer, employee or representative of the Comptroller of Public Accounts and/or the Paying Agent/Registrar, and such registration certificate, either or both, upon any Contract when duly executed by the Comptroller of Public Accounts and/or the Paying Agent/Registrar, as the case may be, shall be conclusive evidence, and the only evidence, that such Contract has been duly certified,registered and delivered. SECTION 8: Initial Contract(s). The Contracts herein authorized may be initially executed and delivered either (i) as a single fully registered Contract in the Aggregate Contract Amount with Installment Amounts to become due and payable as provided in Section 2 hereof and numbered T-1 or (ii) as multiple fully registered Contracts, being one Contract for each Payment Date in the applicable Installment Amount and denomination and to be numbered consecutively from T-1 upward (hereinafter called the "Initial Contract(s)" and, in either case, the Initial Contract(s) shall be registered in the name of the Initial Contracting Party or the designee thereof. The Initial Contract(s) shall be the Contracts submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Initial Contracting Party. Any time after the delivery of the Initial Contract(s), the Paying Agent/Registrar,pursuant to written instructions from the Initial Contracting Party, shall cancel the Initial Contract(s) and exchange therefor Contracts of authorized amounts and in Installment Amounts with Payment Dates and bearing applicable interest rates for transfer and delivery to the Contracting Parties named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial Contracting Party and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. (a) Forms Generally. The Contracts, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on the Contracts, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification and such legends and endorsements (including insurance legends in the event the Contracts, or any installment amounts thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be determined by the officers executing and delivering such Contracts as evidenced by their execution. The Contracts, including the Initial Contract, shall be printed, lithographed, engraved, typewritten,photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Contracts as evidenced by their execution. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 7 (b) General Contract Form. REGISTERED REGISTERED: NO. $ UNITED STA l'ES OF AMERICA STA l'E OF l'EXAS CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 2012 Contract Date: Interest Rate: Payment Date: CUSIP No.: July 15, 2012 % February 15, 20 Contracting Party: Installment Amount: The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, hereby agrees and promises to pay to the Contracting Party named above, or the registered assigns thereof, the Installment Amount hereinabove stated on the Payment Date specified above(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on such unpaid Installment Amount from the interest payment date next preceding the "Registration Date" of this Contract appearing below (unless this Contract bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Contract is prior to the initial interest payment date in which case it shall bear interest from the Contract Date) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2013, until maturity or prior redemption. The Installment Amount is payable on the Payment Date or on a redemption date noted above to the Contracting Party only upon presentation and surrender of this Contract to the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the Contracting Party of this obligation (or one or more Predecessor Contracts, as defined in the Ordinance hereinafter referenced) who appears on the "Contract Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of such Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. If the date for the payment of an Installment Amount or interest thereon shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 8 have the same force and effect as if made on the original date payment was due. The Installment Amount of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Contract is one of a number of contracts aggregating in amount $ (herein referred to as the"Contracts"), executed and delivered to finance the acquisition, use or purchase of personal property, under and in strict conformity with the Constitution and laws of the State of Texas, particularly the Public Property Finance Act (V.T.C.A., Local Government Code, Subchapter A of Chapter 271, as amended) and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the"Ordinance"). The Contracts maturing on and after February 15, 2023, may be redeemed prior to their Installment Amounts, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within an Installment Amount by lot by the Paying Agent/Registrar), on February 15, 2022, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to the date fixed for any redemption of Contracts, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the Contracting Party of each Contract to be redeemed at the address shown on the Contract Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Contract (or any portion of its Installment Amount) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Contract (or the portion of its Installment Amount to be prepaid) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided sufficient moneys for the purpose of such redemption are held by the Paying Agent/Registrar. In the event a portion of the Installment Amount of a Contract is to be prepaid, payment of the redemption price shall be made to the Contracting Party only upon presentation and surrender of such Contact to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Contract or Contracts of like Payment Date and interest rate in any authorized amounts provided by the Ordinance for the then unpaid balance of the Installment Amount thereof will be issued to the Contracting Party, without charge. If the Installment Amount of this Contract is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to deliver or transfer this Contract to an assignee of the Contracting Party within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the Contracting Party of the unpaid balance of the Installment Amount of a Contract prepaid in part. With respect to any optional redemption of the Contracts, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Contracts to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Contracts Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 9 and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Contracts have not been redeemed. This Contract is an obligation of the City payable from the pledged proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the Contracting Party by the acceptance hereof hereby agrees, for definitions of terms; the description of and the nature and extent of the taxes pledged for the payment of the Contracts; the terms and conditions relating to the assignment and transfer of this Contract; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Contracting Parties; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Contract may be discharged at or prior to its Payment Date or earlier redemption, and the obligation evidenced by the Contracts cease to exist as an obligation of the City; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Contract, subject to certain limitations contained in the Ordinance, may be assigned and transferred on the Contract Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered party hereof, or his duly authorized agent. When a transfer on the Contract Register occurs, one or more new fully registered Contracts with the same Payment Date, in authorized amounts, bearing the same rate of interest, and of the same Installment Amount will be delivered by the Paying Agent/Registrar to the designated assignee or assignees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered party whose name appears on the Contract Register (i) on the Record Date as the Contracting Party entitled to payment of interest hereon, (ii) on the date of surrender of this Contract as the Contracting Party entitled to payment of the Installment Amounts on the Payment Date or upon its earlier redemption and (iii) on any other date as the Contracting Party to notify for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing on the Contract Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the execution and delivery of the Contracts is duly authorized by law; that all acts, conditions and things required to exist and be done Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 10 precedent to and in the execution and delivery of the Contracts to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; and that due provision has been made for the payment of the Contracts and interest thereon as aforestated. In case any provision in this Contract shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Contract and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Contract to be duly executed under the official seal of the City as of the Contract Date. CITY OF WYLIE, TEXAS Mayor AT_FEST: City Secretary (City Seal) (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Contract(s) only. REGISTRATION CERTIFICATE OF COMP[ROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) ) REGISTER NO. OF PUBLIC ACCOUNTS ) I HEREBY CERTIFY that this Contract has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this . Comptroller of Public Accounts of the State of Texas (SEAL) Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 11 (d) Form of Certificate of Paying Agent/Registrar to appear on definitive Contracts. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Contract has been duly delivered and registered under the provisions of the within-mentioned Ordinance; the contract or contracts initially executed and delivered by the City having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in East Syracuse, New York is the "Designated Payment/Transfer Office" for this Contract. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., Dallas, Texas, as Paying Agent/Registrar Registration date: By: Authorized Signature (e) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number): the within Contract and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Contract on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the contracting party as it appears on the face of the within Contract in every particular. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 12 (f) The Initial Contract shall be in the form set forth in paragraph(b) of this Section, except that the form of the single fully registered Initial Contract shall be modified as follows: REGISTERED REGISTERED: NO. T-1 $ UNITED STA l'ES OF AMERICA STA l'E OF l'EXAS CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 2012 Contract Date: July 15, 2012 Contracting Party: Contract Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, hereby agrees and promises to pay to the order of the Contracting Party named above, or the registered assigns thereof, the Contract Amount hereinabove stated on the Payment Dates and in Installment Amounts in accordance with the following schedule: Installment Interest Payment Date Amount Rate(s) (Information to be inserted from schedule in Section 2 hereof) (or so much thereof as shall not have been redeemed prior to maturity) and to pay interest on such unpaid annual Installment Amounts from the Contract Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2013, until maturity or prior redemption. The Installment Amounts are payable on the Payment Dates noted above or on a date of earlier redemption to the Contracting Party named above or the assigns thereof by The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Paying Agent/Registrar"), upon its presentation and surrender at its designated offices, initially in East Syracuse, New York, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment/Transfer Office"). Interest is payable to the Contracting Party whose name appears on the "Contract Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. If the date for the payment of an Installment Amount or interest thereon shall Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 13 be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. The Installment Amounts of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the Installment Amounts to become due and payable and the payment of the interest thereon, there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay (i) the Installment Amounts to become due and payable or an amount equal to 2% of the Aggregate Contract Amount (whichever is the greater) and(ii) the accrued interest on the Installment Amounts to become due and payable; full allowance being made for delinquencies and costs of collection. Full, complete and accurate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Contracts shall be kept and maintained by the City at all times while the Contracts are Outstanding, and the taxes collected annually for the payment of the Contracts shall be deposited to the credit of a "Special 2012 Contracts Fund" (the "Sinking Fund") maintained on the records of the City and at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Contracts. The Mayor, Mayor Pro Tem, City Manager, Finance Director and City Secretary of the City, individually or jointly, are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar, from funds on deposit in the Sinking Fund, amounts sufficient to fully pay and discharge promptly each Installment Amount and interest on the Contracts as the same accrues or becomes due and payable; such transfer of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each Payment Date and each interest payment date for the Contracts. SECTION 11: Mutilated - Destroyed - Lost and Stolen Contracts. In case a Contract shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Contract of like form and tenor, and in the same authorized amount and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract, or in lieu of and in substitution for such destroyed, lost or stolen Contract, only upon the approval of the City and after (i) the filing by the Contracting Party with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Contract, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Contract shall be borne by the Contracting Party of the Contract mutilated, or destroyed, lost or stolen. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 14 Every replacement Contract issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Contracts; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Contracts. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Contracting Parties, the Installment Amounts, together with the accrued interest thereon, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Contracting Parties shall thereupon cease, terminate, and be discharged and satisfied. The Contracts shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full the Installment Amounts as the same shall become due and payable on the Payment Dates or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the Installment Amounts and accrued interest on and prior to each Payment Date or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Contracts to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is in excess of the amounts required for the payment of the Contracts in accordance with the defeasance provisions shall be remitted to the City or deposited as directed by the City. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by an agency or instrumentality of the United States of America and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 15 AAA or its equivalent and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Contracts under the then applicable laws of the State of Texas. SECTION 13: Ordinance a Contract - Amendments - Outstanding Contracts. This Ordinance shall constitute an agreement with the Contracting Parties from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any of the Contracts remain Outstanding except as permitted in this Section and in Section 28 hereof. The City may, without the consent of or notice to any Contracting Parties, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Contracting Parties, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Contracting Parties to Contracts which are Outstanding and represent a majority of the aggregate Installment Amounts affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of Contracting Parties of all Contracts which are Outstanding, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the Installment Amounts and interest on the Contracts, reduce the Installment Amounts, the redemption price therefor, change the rate of interest thereon, or in any other way modify the terms of payment of the Contracts, (2) give any preference to any Contract over any other Contract, or (3)reduce the aggregate Installment Amount of Contracts required to be held for consent to any such amendment, addition, or rescission. The term"Outstanding"when used in this Ordinance with respect to Contracts means, as of the date of determination, all Contracts theretofore delivered and registered under this Ordinance, except: (1) those Contracts cancelled or delivered to the Paying Agent/Registrar for cancellation; (2) those Contracts for which the Installment Amounts and all interest payable thereon has been paid or is deemed to be fully paid in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Contracts for which replacement obligations have been registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Contracts are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 16 "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Contracts. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Contracts are invested and which is not acquired to carry out the governmental purposes of the Contracts. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Contracts. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Contracts has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Contract to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Contract, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Installment Amount of Contracts: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Contracts, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 17 than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Contracts or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Contracts to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Installment Amount of the Contracts directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Contracts. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Contracts to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 18 (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Contract is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Contracts with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Contracts until six years after the final Computation Date. (3) As additional consideration for the purchase of the Contracts by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Interest and Sinking Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Contracts equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 3(h) of the Regulations. (i) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, Finance Director and City Secretary, either individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Contracts, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 19 (j) Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Contracts to be "qualified tax exempt obligations" in that the Contracts are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of"qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 2012 will not exceed$10,000,000. SECTION 15: Sale of Contracts - Official Statement Approval. The Contracts authorized by this Ordinance are hereby sold by the City to BOSC, Inc. and SAMCO Capital Markets, Inc. (jointly, the "Purchasers") in accordance with the Purchase Agreement, dated July 24, 2012 (the "Purchase Agreement"), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, and the City has determined and does determine that the terms of such Purchase Agreement are in the City's best interests. The Mayor or Mayor Pro Tem are hereby authorized and directed to execute said Purchase Agreement for and on behalf of the City and as the act and deed of this City Council, and in regard to the approval and execution of the Purchase Agreement, the City Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained in the Purchase Agreement are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Contracts is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, Finance Director or City Manager, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated July 24, 2012, in the reoffering, sale and delivery of the Contracts to the public. The Mayor or Mayor Pro Tem and City Secretary are further authorized to deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content delivered by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 16: Cancellation. All Contracts surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Contracts previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Contracts so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Contracts held by the Paying Agent/Registrar shall be returned to the City. SECTION 17: Notices of Contracting Parties. Wherever Ordinance provides for notice to Contracting Parties of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing in the Contract Register at the close of business on the business day next preceding the mailing of such notice. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 20 In any case where notice to Contracting Parties is given by mail, neither the failure to mail such notice to any particular Contracting Party, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Contracts. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Contracting Party entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by a Contracting Party shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 18: Proceeds of Sale. The proceeds of sale of the Contracts, excluding the accrued interest received from the Purchasers and amounts to pay costs of issuance, shall be deposited in an acquisition fund maintained at a City depository. Pending expenditure for the Property, such proceeds of sale may be invested in authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, as amended, and the City's investment policies and guidelines, and any investment earnings realized shall be expended for the Property or deposited in the Sinking Fund as shall be determined by the City Council. Accrued interest received from the Purchasers as well as any surplus proceeds of sale of the Contracts, including investment earnings, remaining after acquisition of the Property shall be deposited to the credit of the Sinking Fund. SECTION 19: Legal Opinion. The Initial Contracting Party's obligation to accept delivery of the Contracts is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving the Contracts as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Contracts. A true and correct reproduction of said opinion or an executed counterpart thereof shall accompany the global Contracts deposited with DTC or a reproduction thereof shall be printed on the definitive Contracts in the event the book-entry-only system shall be discontinued. SECTION 20: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Contracts. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Contracts shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Contracts as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Contracts. SECTION 21: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Contracting Parties, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Contracting Parties. SECTION 22: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 21 SECTION 23: Governing Law. This Ordinance and the Contracts authorized to be executed and delivered hereunder shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 24: Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. SECTION 25: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 26: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 27: Incorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 28: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year, beginning in or after 2012, financial information and operating data with respect to the City of the general type included in the Official Statement and described in Exhibit D hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so provided shall be prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 22 The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet Web site or filed with the SEC. (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Contracts to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Contracts, or other material events affecting the tax status of the Contracts; (7) Modifications to rights of holders of the Contracts, if material; (8) Contract calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Contracts, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding subsection (c)(12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 23 The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Filings with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. (e) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Contracts within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Contract calls and defeasance that cause the City to be no longer such an"obligated person." The provisions of this Section are for the sole benefit of the Contracting Parties and beneficial owners of the Contracts, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Contracts at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE CONTRACTING PARTY OR BENEFICIAL OWNER OF ANY CONTRACT OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Contracts in the primary offering of the Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 24 Contracts in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Contracting Parties of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Contracts consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Contracting Parties and beneficial owners of the Contracts. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Contracts from lawfully purchasing or selling Contracts in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection(b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 29: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Finance Director and City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance of the Contracts. In addition, prior to the initial delivery of the Contracts, the Mayor, Mayor Pro Tem, City Manager, Finance Director or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect or omission in this Ordinance or such other document; or(ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Contracts by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of this Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Local Government Code, Chapter 551, as amended. SECTION 31: Effective Date. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 25 PASSED AND ADOPTED, this July 24, 2012. CITY OF WYLIE, TEXAS Mayor ATl'EST: City Secretary (City Seal) 95664954.2/11109173 5-1 EXHIBIT A DESCRIPTION OF PROPERTY Description of Property Estimated Cost Fire Quints $ 95664954.2/11109173 A-1 EXHIBIT B PAYING AGENT/REGISTRAR AGREEMENT 95664954.2/11109173 B-1 EXHIBIT C PURCHASE AGREEMENT Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 C-1 EXHIBIT D DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 28 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: 1. Financial information of the general type included in the Official Statement as Appendix B for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 15 in the Official Statement. Accounting Principles The accounting principles referred to in such Section are generally those described in Appendix B to the Official Statement, as such principles may be changed from time to time to comply with state law or regulation. Ordinance No. 2012-21 Public Property Finance Contractual Obligations, Series 2012 C-1 Wylie City Council CITY 0 F W AGENDA REPORT Meeting Date: July 24, 2012 Item Number: Work Session Division: Parks and Recreation (Board Secretary's Use Only) Prepared By: Shohn Rodgers Account Code: Date Prepared: July 18, 2012 Budgeted Amount: Exhibits: 3 Subject Conduct a work session with Planning Department and Parks Division regarding the Tree Preservation and Landscape Ordinance. Recommendation N/A Discussion The Parks Division and the Parks and Recreation Board are re-submitting the attached Tree Preservation Ordinance after the Council's work session of 2/14/2012. Parks and Recreation Division staff has made several changes to the proposed ordinance per the Council's direction, including creating a mechanism for protecting significant trees. This proposed ordinance has been reviewed by the Planning and Zoning department, and does not conflict with any Planning and Zoning ordinances or policies. This proposed ordinance deals more exclusively, and in greater detail, with trees on public land than does the Planning and Zoning ordinance. Tree preservation ordinances for nearby cities including Garland, Plano, Sachse, and Murphy were reviewed in the preparation of this proposed ordinance. The Parks and Recreation Board has reviewed the original iteration of this ordinance and approved it at the December 12, 2011 meeting of that board. Approved By Initial Date Department Director RD 07/18/2012 City Manager MM July 20, 2012 Page 1 of 1 ORDINANCE NO. 2010-XX AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING ARTICLE VIII (PLANTING, MAINTAINING TREES, SHRUBS ON PUBLIC PROPERTY) OF CHAPTER 78 (PARKS AND RECREATION) OF THE CITY OF WYLIE CODE OF ORDINANCES; TO PROVIDE FOR THE CARE OF PUBLIC TREES AND SHRUBS WITHIN THE CITY OF WYLIE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR 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") recognizes that trees are necessary for the health and welfare of the City of Wylie, Texas ("City") by cooling the air, restoring oxygen to the atmosphere, reducing glare and noise levels, and reducing air and water pollution; and WHEREAS, the City Council recognizes that trees beautify our City, increase property values, and increase the economic vitality of the City; and WHEREAS, the City maintains trees and shrubs now existing or in the future planted on City owned, controlled or maintained property ("Trees and Shrubs"); and WHEREAS, the City Council has investigated and determined that Trees and Shrubs should be preserved and maintained to provide for the beautification of the City; and WHEREAS, the City Council has determined that establishing a Tree Preservation Board with administrative responsibility for tree planting and maintenance will benefit the City's urban forestry practices; and WHEREAS, the City Council has investigated and determined that it is necessary and in the best interest of the City to adopt regulations related to the care and preservation of trees and shrubs on property owned, controlled and/or maintained by the City and adopt a Tree Preservation Board. 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 Chapter 78 (Parks and Recreation) by adopting Article VIII (Planting, Maintaining Trees, Shrubs on Public Property) to Wylie's Code of Ordinances. Article VIII (Planting, Maintaining Trees, Shrubs on Public Property) is hereby adopted and added to Chapter 78 (Parks and Recreation) to read as follows: 601834 Page 1 (Tree Preservation Ordinance) "ARTICLE VIII. PLANTING, MAINTAINING TREES, SHRUBS ON PUBLIC PROPERTY Sec. 78-250. -Purpose The purpose of this ordinance is to provide the City with authority over the care of all trees, plants, and shrubs located within City owned, controlled and/or maintained property, public rights-of-way, parks and other public places, which will aid in the establishment of a municipal landscape program and will enhance the public health, safety, and beauty of the city. Sec. 78-251. -Definitions The following words and phrases shall have the meanings ascribed unless the context clearly indicates otherwise: City means the City of Wylie, Texas. City Managed Property means public streets, alleys, rights-of way, parks, public places and other property owned, controlled and or maintained by the city. City Manager means the city manager of the City of Wylie, Texas or his or her designee. Parkway means the area lying between the street right-of-way line of any public street and/ or alley, and the curb line of the street and/or alley; or if there is no curb line, the paved portion of the street and/or alley. Generally, the parkway area is the area between the edge of the road/ curb and the farthest edge of the sidewalk, so that the entire sidewalk is contained in the parkway area. Public Property means all streets, alleys, rights-of-way, parks, public places and other property owned, controlled and/or maintained by the City. Top or Topping means the non-standard practice of cutting back of limbs to stubs larger than three (3) inches in diameter within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Sec. 78-252. -Grant of Authority; coordination with public works department a. The Public Services Director and/or his designee, hereinafter referred to as "Director," shall have authority over all trees and woody plants growing in or upon all City owned, controlled or maintained property, rights-of way, city parks, and other public property in the City, save for those trees which have been designated as protected by the Tree Advisory Board or the City Council. b. All City departments will coordinate as necessary with the Director and will provide services as required to assure compliance with this article as it relates to streets, 601834 Page 2 (Tree Preservation Ordinance) alleys, rights-of-way, drainage, easements and other public properties not under the direct jurisdiction of the Director. Sec. 78-253. -Tree Advisory Board a. Board membership. The Tree Advisory Board shall consist of the members of the Parks and Recreation Advisory Board. b. Duties. The duties of the Tree Advisory Board shall include: i. To review the tree management plan, tree preservation and mitigation guidelines, and the tree care program as may be necessary; ii. To promote the protection of healthy trees and provide guidelines for the replacement and/or replanting of trees necessarily removed during construction, development, and redevelopment; iii. To uphold rules and regulations governing the protection and preservation of native or established trees within the City, which provide for purification of air and water, provide for shade, windbreaks and the cooling of air, provide for open space and more efficient drainage of land, thus reducing the effects on soil erosion; iv. To study, investigate, counsel and develop and/or update periodically a written plan for the care, preservation, pruning, planting, replanting, removal or disposal of public trees and shrubs on City property; v. To investigate and consult on updates to the City's recommended and prohibited tree lists, as maintained by the Planning and Zoning Department. vi. To review and recommend specific beautification projects and public awareness programs to the parks and recreation department, City Manager and/or City Council as may be appropriate; vii. To establish and maintain a list of protected trees in the City of Wylie, and make decisions regarding the maintenance of those trees when asked to do so by the director. viii. Coordinating and promoting Arbor Day activities; and ix. Other duties that may be assigned by the City Council. c. Protected Tree List a. The Tree Adivsory board may accept nominations from City Council, staff, management, or citizens for individual trees which shall be designated as protected in the City of Wylie b. The Tree Advisory Board shall maintain, or cause to be maintained, a list of all protected trees, and update that list as necessary. c. All trees with a caliper measurement of 16 inches or greater, taken four and one-half feet from the ground, shall immediately be considered protected under the terms of this ordinance. Trees identified as undesireable by the Tree Preservation Board or the Planning and Zoning Department may not be protected. 601834 Page 3 (Tree Preservation Ordinance) d. The Tree Advisory Board may likewise remove individual trees from the Protected Trees List if those trees are determined to be undesireable specimens. Sec. 78-254. —Annual Arbor Day a. It is established that each year, Arbor Day shall be held in the City of Wylie, Texas. b. The Director shall plan and execute such celebrations or ceremonies as he or she deems appropriate each year. Sec. 78-255. -Planting, Preserving, Maintaining, Removing, etc. on Public Property a. The Director shall have the authority to plant, preserve, spray, trim, cable or remove any tree, shrub or plant on any City-managed property, street, alley, public place or easement owned or controlled by the City. The Director is authorized to remove, or order removed and/or sprayed any tree, shrub or plant or any part thereof that is in an unsafe condition, is injurious to the common good or to sewer pipes, public utility lines, drainage facilities, pavements, improvements, or is infested and dangerous to other trees, shrubs or plant, that is located on City-owned or managed property. b. It is an offense for any person to plant or remove, or permit or cause to be planted or removed any tree, shrub or plant on or from, any public street, park or other City- managed property without the prior approval of the Director. The parkway area not managed by the City is the responsibility of the adjacent property owner, as described in Article 7 of the Zoning Ordinance No. 2001-48, as amended. c. No tree, shrub or other landscaping shall interfere with the free passage of vehicles on a public street or alley, or of pedestrians on the sidewalk or obscure the view of motor vehicle operators of any traffic control device or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times comply with City rules, regulations and ordinances. d. City departments and authorized contractors of the City constructing and/or repairing streets, alleys, or other City utilities or facilities shall be exempt from this chapter upon City approval of construction plans and specifications identifying such construction, and notification of the Director, provided that Best Management Practices as promulgated by the International Society of Arboriculture, as amended, are utilized. e. In the case of trees which have been designated as "protected" by the Tree Advisory Board or City Council, the director must receive consent from the Tree Advisory Board prior to beginning pruning or removal operations. In the case of an emergency, 601834 Page 4 (Tree Preservation Ordinance) the City Manager may grant permission to remove a protected tree in whole or part, such as in a case where safety or property are threatened. f. When the provisions of this ordinance overlap or conflict with the authority of the Planning and Zoning Ordinance, Article 7, the Parks Division and Planning Department shall confer and decide upon the best course of action. The terms of this ordinance are not intended to supercede the authority of the Planning and Zoning Ordinance of the City of Wylie. g. In cases of development or construction which impacts trees on public property, the provisions of the Planning and Zoning Ordinance, Article 7, Section 7.6 shall be followed. Sec. 78-256. -Adjacent Landowner Responsibility a. The owner of land adjacent to any parkway, when acting within the provisions of this ordinance, may plant,remove,prune or spray trees in the parkway area. b. No property owner shall be permitted to allow a tree, or other plant growing on his or her property or within the parkway to: a. obstruct or interfere with the view of drivers of vehicles; b. place pedestrians on the sidewalk at risk for serious injury; or c. create a traffic hazard. Property owners must maintain a clear space of eight (8) feet above the surface of a sidewalk and thirteen (13) feet above the curb line of an adjacent street.In any event, no tree, shrub or other landscaping shall interfere with the free passage of vehicles on the street or of pedestrians on the sidewalk or obscure the view of motor vehicle operators of any traffic-control device or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times comply with city rules, regulations and ordinances. If an obstruction persists, the Director shall notify the property owner, in writing, to prune or remove the tree, shrub or plant within thirty (30) calendar days. If the owner fails to comply with the notice, the City may issue citations to the property owner for each day that the property owner continues to be in violation, and/or depending on the severity of the obstruction, the City may undertake the necessary work to remove the obstruction,without incurring liability c. Other than property owners described above, it shall be unlawful for any person to plant or set out any trees or woody plants, or cause or authorize any person to plant or set out any trees or woody plants in or on any parkway within the city without first obtaining written permission from the Director. 601834 Page 5 (Tree Preservation Ordinance) Sec. 78-257. -Breaking, Injuring, etc. Trees and Shrubs on Public Property a. Except to remove, prune, trim or maintain trees, shrubs or landscaping as required above or as authorized by the Director in writing, it shall be an offense for any person, firm or corporation to cut or break any branch of any tree or shrub or injure in any way the bark of any tree or shrub on any public street,park or other city-managed property. It shall be an offense for any person, firm or corporation to permit, suffer or allow any injurious substance such as gas, salt, oil or other harmful substance to come in contact with any tree, shrub or plant on any public street, parkway area, park or other city property. b. It shall be an offense for any person, firm or corporation to attach any cable, wire, rope, sign or any other object to any tree, shrub or plant on any public street, park or other city-managed property without the prior written consent from the Director. c. It shall be unlawful for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, where best pruning practices are impractical, may be exempted from this requirement at the determination of the Director. d. The City may issue citations to persons, firms or corporations in violation with this subsection in accordance with this ordinance." 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 a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 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 thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED on the day of , 2012. 601834 Page 6 (Tree Preservation Ordinance) Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Courtney A. Kuykendall CITY ATTORNEY Date(s)of Publication: , Wylie Enterprise 601834 Page 7 (Tree Preservation Ordinance) 595823 v.1 601834 Page 8 (Tree Preservation Ordinance) SECTION 7.7 LANDSCAPE REQUIREMENTS A. Purpose The process of urban development with its alteration of the natural topography, vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing increases in air temperatures and accelerating the processes of runoff, erosion, and sedimentation. The economic base of the City can and should be protected through the preservation and enhancement of its unique natural beauty, environment, and vegetative space. This section has the following specific purposes: 1. To implement the Wylie Comprehensive Plan. 2. To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge, and (storm water) runoff retardation, while at the same time aiding in noise, glare and heat abatement. 3. To insure that landscaping is an integral part of development, not an afterthought. 4. To provide visual buffering between land uses of differing character to alleviate the harshness of urban life. 5. To enhance the beautification of the City. 6. To safeguard and enhance property values and to protect public and private investments. 7. To preserve and protect the unique identity and environment of the City of Wylie and preserve the economic base attracted to the City of Wylie because of these qualities. 8. To conserve energy. 9. To protect the public health, safety and general welfare. B. Applicability 1. Except as otherwise provided below, these landscape regulations shall apply to all land located in the City of Wylie. These landscaping requirements shall become applicable to each individual lot when a site plan is submitted for Commission review or an application for a building permit on the lot is made. The maintenance requirements in subsection G of this section shall apply to all applications for building permits. 2. This section does not apply to lots containing only single-family and/or duplex uses where only one single-family or two-family structure is constructed. 3. This section applies to the following: a. Multifamily Districts b. Neighborhood Services Districts c. Community Retail Districts d. Commercial Corridor Districts e. u 1. u,,, i-wOI! Gverlay Districts unless specific regulations a y to the district. f Industrial Districts g. Planned Development Districts h. Specific Use Permits ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS i. Applications for building permits or for certificates of occupancy for a change in use. j. Applications for building permits for construction work that: (1) Increases the number of stories in a building on the lot; or (2) Increases by more than ten percent or 10,000 square feet, whichever is less, the combined floor areas of all buildings on the lot; or (3) Increases the non-permeable lot coverage by more than 2,000 square feet. k. Building permit applications for exterior remodeling with a value equal to or greater than $10,000.00 exclusive of maintenance and repair. 4. When the ordinance becomes applicable to a lot, its requirements are binding on all current and subsequent owners of the lot. 5. When establishing or amending an overlay district, planned development district (including residential planned-development), or amending a special use permit, the Council shall, as a minimum, impose landscaping requirements as a part of any ordinance, that are reasonably consistent with the standards and purposes of this section. All landscaping requirements imposed by the Council must be reflected in landscape and irrigation plans that comply in form and content with the requirements of Subsection C. Submission Requirements. 6. The Board may grant a special exception to the landscaping requirements of this section upon making a special finding from the evidence presented that strict compliance with the requirements of this Article will result in substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the City and its citizens in accomplishing the objectives and purposes of this section. The applicant, to be considered for special exception, must submit a justification statement that describes: a. Which of the requirements set forth in this section will be met with modifications, b. Which project conditions justify using alternatives, and c. How the proposed measures equal or exceed normal compliance. C. Submission Requirements 1. The landscape and irrigation plans submitted under this section shall: a. Include 20 folded blue or black line copies for review and corresponding electronic copy sent to Planning Staff in PDF formate: b. Have a scale of one inch equals 100 feet or larger (e.g., one inch equals 50 feet, or one inch equals 40 feet, 'etc.) and be on a standard drawing sheet of a size not to exceed 24 inches by 36 inches. In the event a single sheet is not practicable, multiple sheets may be used if, on each sheet: (1) Match lines are indicated; and (2) A composite drawing is provided that shows the entire proposed development, location of the match lines, sheet numbers, and the location of the sheet within the proposed development by the shading in of the appropriate area on the composite. 2. Landscape and irrigation plans required under this section must contain the following information: ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS a. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan. b. Project name, street address, and lot and block description. c. Location of all buildings, parking areas, walks, and other improvements. d. Location, height, and material of proposed screening and fencing (with berm to be delineated by one-foot contours). e. The location, type and size of all existing trees on the lot must be specifically indicated. f Complete description of proposed plant materials shown on the plan, including names (common and botanical name), locations, quantities, container or caliper sizes, heights, spread, and spacing. g. Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area compared to gross site square feet. h. Size, height, location, and material of proposed seating, lighting, planters, sculptures, decorative paving, and water features. i. Cross section drawing of berms and grading plan showing berm contours. j. Location of sprinkler heads, valves, double-check valve, water meter, automatic controller and rain and freeze sensors. k. Landscape plans shall contain the certification and a stamp of a landscape architect licensed in the State of Texas that the plans have been reviewed by an architect and satisfy all requirements of these landscape regulations. 1. Irrigation plans shall contain the certification and stamp of an irrigator licensed by the State of Texas Board of Irrigators that the plans were prepared by an irrigator and satisfy all requirements of these landscape regulations and TCEQ guidelines. D. General Requirements 1. Once landscaping is installed according to an approved plan, a landscape architect licensed in the State of Texas shall review the installation and certify that it is in accordance with the approved plan. 2. Due to seasonal planting problems and a lack of plant availability, approved landscape plans may require minor revisions. Revised landscaping plans shall be accepted if: a. there is no reduction in the quality of plant material, b. no significant change in size or location of plant materials, c. the new plants are of the same general category (i.e., shade, ornamental, or evergreen trees) d. have the same general design characteristics (mature height, crown spread) as the materials being replaced. 3. All plant material(including street trees and planting within the public right-of-way) shall be watered with an automatic irrigation system subject to TCEQ regulations and the following requirements. a. Irrigation sprinkler layouts shall be designed to minimize the amount of spray that will fall on sidewalks, neighboring properties, and adjacent buildings. ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS b. Backflow prevention devices shall be placed in compliance with City of Wylie standards. c. The City encourages the use of water-conserving system design and materials including the use of drip irrigation where appropriate. d. Separate valves for turf and non-turf areas shall be installed to accommodate different water use requirements within the landscaped area. e. Rain/freeze sensors are ol�u ,ot r ricil required to be installed and operational to reduce water use. 4. Landscaping in visibility triangles. No landscaping shall obstruct the view between access drives and dedicated streets, parking aisles, or access drives of parking lots. Landscaping within visibility triangles, as defined in subsection 7.8, shall comply with the following requirements: a. No plants with a height greater than 2.5 feet are allowed in the visibility triangle, except single trunk trees with a minimum branching clearance of seven feet from the ground to the first branch. b. Trees are to be of a size and so spaced that a visual obstruction that represents a traffic hazard is not created. c. Plants shall not reduce or limit visibility to such an extent that a safety hazard is presented. Plants normally considered as effective screens shall be unacceptable for use in the visibility triangle. E. Landscape Design Requirements Specific landscape requirements are provided in Article 3, Residential District Regulations and Article 4, Nonresidential District Regulations, Approved landscape plans shall comply with all base standards and shall meet the desirable design attributes required to gain approval of a site plan or building permit as specified in Article 3 and 4. Subject to Planning & Zoning Commission's review and approval, innovative themes and elements such as drought tolerant xeriscape and hardscape design may be accepted as alternative to conventional landscape standards. F. Landscape Standards and Specifications 1. Plant Materials. All plant materials should be native or adapted to the north Texas region. The Director shall maintain and make available for distribution, a list of acceptable locally-adapted trees and shrubs to meet minimum planting requirements of these regulations. a) Plant materials shall conform to the requirements described in the latest edition of American Standard For Nursery Stock, published by the American Association of Nurserymen. b) 1 Plants shall conform to the measurements and specifications listed below, with caliper measurements taken 12 inches above grade. Minimum branching height for all shade trees shall be six feet. i. Minimum size for shade trees shall be three inches in caliper and 14 to 16 feet in height. Tree heights shall be from tops of root balls to nominal tops of plants. ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS Trees shall be healthy, vigorous, full-branched, well-shaped and symmetrical. iii, Root balls shall be firm, neat, slightly tapered and well-burlapped[msu. iv. d Trees shall be free of physical damage such as scrapes, bark abrasions, split branches, mistletoe or other parasitic growth. V. Minimum size for ornamental shade trees shall be three inches in diameter. vi. Minimum size for ornamental flowering trees shall be eight to ten feet in height. vii. Minimum size for evergreen trees shall be eight to ten feet in height. viii. Minimum size for shrub containers shall be five gallon. Substitution of three gallon material meeting the height requirement of five gallon shrubs is acceptable. Shrubs shall be full bodied, well-shaped and symmetrical. ix. a Ground cover spacing shall be eight inches on center maximum for four- inch pots and 16 inches on center maximum for one-gallon containers. x. Required plant materials shall be selected from those identified as native plants, and those that have been adapted to the local climate and conditions. Native plants and planting practices are identified through the "Texas SmartScape"program (a program developed through the North Central Texas Council of Governments {NCTCOCil Regional Storm Water Management Program) & Wylie's Water Conservation Plan. xi. Plants not recommended in the "Texas SmartScape" program may be substituted with the approval of the Planning Director. The applicant may be required to provide substantiation as to the hardiness, adaptability and water demands of the plant to be used. 2. Planting List for New Non-Residential Developments. The use of xeriscaping is intended to promote prudent use of the City's water resources and reduce the need for additional water system infrastructure and to help ensure viability of required plantings during periods of drought. All landscaping shall comply, with the following requirements designed to reduce water usage. • Where specific conditions reduce the likelihood that these plant materials will survive, other plants may be substituted with approval of the Planning Director. • For maximum reduction in water usage, xeriscape plants should not be interspersed in plant massings with plants requiring higher water usage. Applicants should design irrigation systems and watering schedules that supply the appropriate amount of water. without overwatering. • Permeable pavement in low-traffic areas or overflow parking may be approved by the Planning Director and by the City Engineer where conditions are favorable to filter storm water and reduce run-off Adequate strength of the permeable pavement must be proven by the applicant to ensure pavement life. a) Recommended Plant List: All plants used to satisfy this ordinance shall be of a species common or adaptable to this area of Texas. The following is a list of recommended plants. Plant material not on this list must be approved by the Planning Director or his/her designee before installation. i.) Canopy-type Trees American Elm Ulmus americana Bald Cypress Taxodium distichum* Black Hickory Carya texana Black Oak Quercus velutina Black Walnut Juglans nigra Blackjack Oak Quercus marilandica Bur Oak Quercus macrocarpa Cedar Elm Ulmus crassifolia* Chinese Pistache Pistacia chinensis Chinquapin Oak Quercus muehlenbergi* Dawn Redwood Metasequoia glyptostroboides Durand Oak Quercus sinuata var. sinuata* Eastern Red Cedar Juniperus virginiana Big Tooth Maple Acer grandidentatum* Gingko Ginko biloba* Green Ash Fraxinus pennsylvanica Gum Bumelia Bumelia lanuginosa Lacebark Elm Ulmus parvifolia* Lacey Oak Quercus glaucoides Live Oak Quercus fusiformis* Pecan Carya Illinoensis Post Oak Quercus stellata* River Birch Betula nigra Rusty Blackhaw Viburnum rufidulum Sawtooth Oak Quercus accutisima* Shumard Red Oak Quercus shumardi* Southern Magnolia Magnolia grandiflora Sweet Gum Liquidambar styraciflua* Green Ash Fraxinus pennsylvanica Texas Ash Fraxinus texensi Texas Oak Quercus texana Texas Walnut Juglans microcarpa *Recommended for Street Tree plantings. ii.) Medium/Ornamental Trees Afghan Pine Pinus eldarica Austrian Pine Pinus nigra Bigelow Oak Quercus sinuata Black Cherry Prunus serotina Carolina Buckthorn Rhamnus caroliniana Cherry Laurel Prunus caroliniana Crape Myrtle Lagerstroemia indica Deciduous Holly Ilex decidua Desert Willow Chilopsis linearis Eve's Necklace Sophora affinis Flowering Crabapple Malus hybrida Goldenrain Tree Koelreuteria paniculata Hercules Club Zanthoxylum dava-herculis Japanese Black Pine Pinus thunbergii Japanese Maple Acer palmatum Mexican Buckeye Ungnadia speciosa Mexican Plum Prunus mexicana Native Hawthorns Crataegus spp. (Green, Cockspur, Downy. Reverchon and Littlehip) Persimmon Diospyros virginiana Ponderosa Pine Pinus ponderosa Possumhaw Holly Ilex decidua Prairie Flame-leaf Sumac Rhus lanceobta Redbuds Cercis Spp, Rusty Blackhaw Viburnum Viburnum rufidulum Savannah Holly Ilex opaca 'Savannah' Shantung Maple Acer truncatum Slash Pine Pinus elliottii Southern Wax Myrtle Myrica cerifera Texas Buckeye Aesculus arguta Vitex Vitex agnus-castus Yaupon Holly Ilex vomitoria iii.)Shrubs Dwarf Burford Holly Ilex burjbrdii `nana ' Dwarf Chinese Holly Ilex cornuta 'Rotunda' Dwarf Chinese Holly Ilex cornuta 'Rotunda' Dwarf Crape Myrtle Lagerstroemia indica Dwarf Wax Myrtle Myrica pusilla Dwarf Yaupon Ilex vomitoria 'Nana' Dwarf Yaupon Ilex vomitoria `nana' Eleagnus Eleagnus ebbengii Flowering Quince Chanomeles 'Texas Scarlet' Forsythia Forsythia intermedia Foster Holly Ilex x attenuata 'Foster' Glossy Abelia Abelia grandiflora Japanese Barberry Berberis thunbergi Nandina Nandina Domestica Nellie R. Stevens Holly Ilex x 'Nellie R. Stevens' Pampas Grass Cordateria Selloana Photinia Photinia Fraseri Red Barberry Berberis thunbergii Red Yucca Hesperaloe parvifolia Sea Green Juniper Juniperus chinensis 'Sea Green' Sea Green Juniper Juniperus Chinensis 'Sea Green' Spiraea Spiraea spp. Spiraea Spiraea prunifolia Tam Juniper Juniperus sabina `Tamariscifolia' Tam Juniper Juniperus sabina 'Tam' Texas Sage Leucophyllum frutescens Texas Sage Leucophyllum frutescens `nana' Variegated Chinese Privet Ligustrum sinense `Variegata' b) Prohibited Plant List. The Plants listed below shall not be used to fulfill the planting_ requirements of this Ordinance. i) Trees Arizona Ash Fraxinus velutina "Arizonia" Bois D'arc Madura potntfera Bradford Pear Pyrus (alleryana Cottonwood Populus deltoides Siberian Elm (Emus putnila Silver Maple Acer saccharinum Mimosa Albizzia julibrissen Mulberry Morus alba Lombardy Poplar Populus nigra italica Chinese Tallow Sapium sebiferum Arborvitae Thuja accidentalis Willow all species ii) Shrubs Euonymus Euonymus japonicus Ligustrum Ligustrum japonicum Pittosporum Pittosporum tobbira Loquat Eriobotrya japonica Oleander Nerium oleander 4. The City shall reject any trees delivered and/or planted not meeting the minimum size and shape standards set forth above[Ms2]. 5. All shrub beds shall be edged using steel, concrete, masonry, or pre-cast concrete edging and all plant materials mulched with a two-inch layer of bark or shredded Cypress mulch. G. Landscape Maintenance 1. All landscaped areas must be kept in a healthy and growing condition. All seasonal plantings must be replaced at the appropriate time as indicated in the landscape plan. Any plant materials that die during a time of year where it is not feasible to replant, shall be replaced as soon as possible. 2. Landscape maintenance includes, but is not limited to, the following: ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS a. Prompt removal of all litter, trash, refuse and waste; b. Lawn mowing on a periodic basis during the growing season; c. Shrub pruning according to accepted practices of landscape professionals to maintain plants in a healthy condition; d. Tree pruning according to latest edition of the Tree-Pruning Guidelines published by the International Society of Arboriculture; e. Watering of landscaped areas on a regular basis to maintain good plant health; f Keeping landscape lighting in working order; g. Keeping lawn and garden areas alive, free of weeds, and attractive; cleaning of abutting waterways and landscaped areas lying between public right-of-way lines and the property unless the streets, waterways or landscaped areas are expressly designated to be maintained by applicable governmental authority. Maintenance of any parkway area not managed by the City is the responsibility of the adjacent property owner. The area includes that portion of parkway adjacent to any street, alley or within any easement located from the property line to where the pavement begins. 3. All required landscaped areas shall be irrigated consistent with TCEQ regulations and using one of the following methods: a. Conventional automatic sprinkler system, installed underground, and using spray and /or bubble type heads; b. Drip or leaky-pipe system using an automatic or manual underground system in conjunction with a water saving system such as drip heads, or leaky-pipes. c. Landscaped areas using xeriscape plants and installation techniques, including native grasses and wildflowers may use a temporary above ground irrigation system. H. Enforcement[Ms3] 1. Any property owner or tenant that fails to meet any of the above maintenance requirements shall: a. Be given a written notice of the failure by the City; b. Within ten days after receiving the notice the property owner or tenants must correct any maintenance shortcomings. c. Should any property owner fail to fulfill this duty and responsibility within the required period, the City may: (1) Revoke any building permits, certificates of occupancy, or other approvals or permits previously issued for the premises; or, (2) Withhold approval for building permits, certificates of occupancy, and other permits or approvals relating to the premises; or (3) Have the right and power to enter onto the premises and perform care and maintenance. The property owner and tenants of any part of the premises on which the work is performed shall jointly and severally be liable for the costs of the work and shall promptly reimburse the City for the costs. If the property owner or tenant shall fail to reimburse the City within 30 days after receipt of a statement for the work from the City, the said indebtedness shall be a debt of all ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS of said persons jointly and severally, and shall constitute a lien against the premises on which the work was performed. The lien may be evidenced by an affidavit of costs filed in the real property records. 2. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $2,000.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. " `) r r➢r` ZONING ORDINANCE SECTION 7.6 TREE PRESERVATION A. Purpose The process of urban development can have a profound effect on the preservation and protection of larger native or established trees which provide a valuable amenity to the urban environment and which once destroyed can only be replaced after generations, if at all. This section has the following specific purposes: 1. Establish rules and regulations governing the protection and preservation of native or established trees within the City of Wylie. 2. Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development, or redevelopment. 3. Provide for the purification of air of carbon dioxide, dust and pollutants and the replenishment of oxygen. 4. Provide for shade, windbreaks and the cooling of air; thereby, reducing the requirements for air conditioning and heating and the utilization of scarce energy sources. 5. Provide for open space and more efficient drainage of land; thereby, reducing the effects of soil erosion and the need for additional drainage facilities. 6. Prevent the clear-cutting of land, enhance community appearance, and property values 7. Protect the public health, safety, and general welfare. 8. Reduce heat island effect & increase shade by using large canopy trees to shade streets, sidewalks, and parking lots. B. Applicability 1. The terms and provisions of this section shall apply to real property within the City of Wylie corporate limits as follows: a. All real property upon which any protected tree is located, excluding the rear yard of developed single-family and two-family residential property. b. All vacant and undeveloped real property. c. All real property to be subdivided or re-subdivided, including plats and replats. d. The yard areas of all developed property, excluding the rear yard of ri oildeveloped single family and two-family residential property. e. �� 2. Exceptions. The following exceptions from the terms and provisions of this section are hereby authorized and granted: a. trees, plants, and shrubs located within City owned, controlled and/or maintained property, public J i 1i ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS CI I Y WY I 11 ZONING ORDINANCE rights-of-way, parks and other public places are regulated by this ordinance and the regulations of Chapter 78, Section 78-252 of Ordinance 2012-XX, and as amended. b. In the event that any protected tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization for removal may be given by the City Manager, or designee in written form, and the protected tree may then be removed without obtaining a written permit as herein required. c. During the period of an emergency, such as a tornado, storm, flood or other act of God, the requirements of this section may be waived in accordance with the Comprehensive Master Plan Chapter 8 Hazard Mitigation and other Ordinances as adopted and/or amended, or as Jim y LH, deemed necessary by the Council. d. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the premises of the licensee, that are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. e. Utility companies franchised by the City may remove protected trees that endanger public safety and welfare by interfering with utility service, except that where the trees are on owner-occupied properties developed for single-family or duplex use, disposal of the trees shall be at the option of the property owner(s). f The mowing, clearing and grubbing of brush located within or under the drip lines of protected trees shall be allowed, provided the mowing, clearing or grubbing is accomplished by hand or by mowers. The use of dozers, loaders or other construction or earth moving equipment for this purpose shall not be allowed. g. For recreational property or uses, such as golf courses, ball fields, etc., the buildable area of the property shall include that portion of the property necessary for the construction of the recreational improvements, including sufficient adjacent area to allow the normal operation of construction equipment. h. The terms and provisions of this section shall not apply to any developedmo10, subdivision - for which a room final plat has been approved by the Council and filed in the plat records of the County prior to the effective date of this ordinance. i. Hackberry (Celtis occidentalis), Bois d'Arc (Malcura pomifera), Bradford Pear (Pyrus calleryana) and Cottonwood (Populus deltoides) are exempt from tree protection and preservation requirements except when located in a floodplain or watercourse as defined by the City of Wylie or other government agencies. C. Tree Management Plan Required 1. Along with the submittal of an application for approval of a detailed development plan, site plan, subdivision plat, clearing and grading plan, erosion control plan or public improvement construction plan, a Tree Management Plan shall be submitted to the Director. 2. The Tree Management Plan shall: j 2 //I ci ZONING ORDINANCE a. Show the location, species, and caliper of all trees on the site which are 6 inches or greater in caliper measured at 4.5 feet above natural grade. b. Identify those trees proposed to be removed and those to be protected. c. Indicate the method of trees to be removed. Where possible, desirable trees should be transplanted to an alternate location. d. Show the methods of preservation of the trees to be protected. de. Show the location of proposed building pads, drives, parking, and all easements which will affect existing trees on the site. A n a,b of. Show the location of all floodplain limits, and general grading limits of cut and fill. g. Show the location, species, and caliper of all trees within the adjacent public right-of- way and/or adjacent easements. 3. The Tree Management Plan shall seek to protect all trees that have each of the following characteristics or conditions: a. A tree that is at least 12 feet in height and has either a single trunk of six inches caliper or greater, measured at four and a half feet above natural grade level, or a multi-trunk having a total caliper width of eight inches. The total caliper of multi- trunk trees is measured by combining the caliper width of the largest stem or branch with one-half the caliper width of each additional stem or branch, all measured at four and a half feet above natural grade level. b. The tree is located outside of a public street or alley right-of-way, utility easement, drainage easement, fence easement, pedestrian access easement, other public right- of-way or easement; or the buildable area of a building lot or site, as included on a so oseog..-final plat approved by the Council and filed in the plat records of the County; or the buildable area of a building lot or site, as included on a building permit site plan approved by the City. For the purposes of subdivision development, "buildable area" shall mean that portion of a building lot or site not within the required front, side, or rear yard areas. For the purposes of issuing building permits, "buildable area" shall also mean those areas on a building lot or site, as shown on the required site plan, necessary for the construction of other improvements as driveways, parking areas, pools, tennis courts and accessory buildings, including sufficient adjacent area to allow the normal operation of construction equipment. c. The tree is located within the adjacent public-right-of-way, utility easement, drainage easement, fence easement, pedestrian access easement, other public right-of-way or easement, with a caliper measurement of 16 inches or greater, taken four and one-half feet from the ground, shall immediately be considered protected under the terms of this ordinance and must be coordinated with the Tree Advisory Board. 4. The Tree Management Plan is not required to protect trees that are: a. Injured, dying, diseased or infested with harmful insects; b. In danger of falling, interferes with utility service or creates unsafe vision clearance; c. In any manner creates a hazardous or dangerous condition so as to endanger the public health, welfare or safety; or d. Identified on approved subdivision construction plans as necessary to be removed to comply with drainage or lot grading plans; as determined and approved by the City. j - ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS aJJ ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS " ` war r➢r ZONING ORDINANCE D. General Requirements Related to Protected Trees 1. No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy through damaging, any protected tree on any real property within the City without an approved Tree Management Plan as provided herein. 2. Under no circumstances shall the clear cutting of protected trees on any real property within the City be allowed prior to the approval of a Tree Management Plan for the property_ 3. Unless otherwise approved by the City, no construction or construction-related activity shall occur under the canopy or drip line of any protected tree or group of protected trees. 4. No person, directly or indirectly, shall replant, relocate, transfer or move from one location to another any protected tree on any real property within the City without first obtaining a Tree Replanting Permit as provided in this ordinance. 5. All Protected trees are required to be protected from the harmful effects of nearby construction. In order to insure survival of protected trees during the construction process the following shall be required: a. Prior to construction or land development, the developer shall clearly mark with three-inch wide red ribbon or tape all protected trees within 30 feet of a public right- of-way, public easement or buildable lot area, as included on the applicable approved and filed roomJ1 final plat. b. Prior to construction or land development of the subdivision, the developer shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction of the subdivision. The location and dimensions of said designated areas shall be clearly identified on both subdivision construction and site plans and shall be approved by the City prior to construction or land development of the subdivision. c. Designated parking and stockpile areas shall be completely fenced with chain-link fencing and gated for safety purpose and to separate protected trees from the construction area and related construction activity. The designated parking and stockpile areas may be combined into one fenced area provided the preservation of protected trees is not adversely affected or jeopardized. d. Supplies and pipe and other items that are customarily unloaded where installed shall not be required to be stored within the designated stockpile areas. e. During construction, the developer shall prohibit the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any protected tree or group of protected trees. f If a foundation, street or alley pavement, utility line, on-site sewerage facility, pool, tennis court, patio, sidewalk, drive or parking lot, as approved by the City, must be constructed within the drip line of a protected tree, it shall be constructed no closer than five feet from the trunk of the protected tree and the canopy of the tree pruned appropriately to balance the effect of damage to the roots. 411 ci ZONING ORDINANCE 6. No attachments or wires of any kind, other than those of a protective nature, shall be attached to any protected tree. 7. To accommodate grade changes of six inches or greater, a retaining wall or tree well of rock, brick, landscape timbers or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade. E. Tree Replacement/Replantinj' 1. Hackberry and Cedar trees that are 11" DBH or larger, shall be replaced at 50% of the total cailiper inches being removed. Protected or feature trees shall not include the following species: Bois D'Arc. Willow. Cottonwood. Locust and Chinaberry. In addition, Hackberry and Cedar trees that are less than 11" as measured 4.5 feet off the ground Diameter at Breast Height (DBH) shall not be considered a protected tree. F . Enforcement 1. Any person that removes a protected tree(s) from any real property, including any injury to a protected tree resulting from the failure to follow required tree protection measures that causes or may reasonably be expected to cause the tree to die shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as follows: a. A monetary penalty of 100 dollars per caliper inch of width of the protected tree(s) removed, payable to the City of Wylie. Funds paid to the City as tree removal penalties shall be deposited in a special account or fund and used by the City to provide and/or support supplemental landscape plantings in public areas of Wylie. Or b. Replacement with new trees having a total tree caliper width equivalent to that of the removed tree(s). The replacement trees shall have a minimum caliper width of three inches. measured at six inches above ground level, and a minimum height of at least six feet, and shall be planted in a location(s) as approved by the City 2. All trees planted as a requirement of this subsection shall meet the standards and specifications for landscaping provided in Section 7.7 Landscape Requirements.