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01-10-2017 (City Council) Agenda Packet Wylie City Council CITY OF W LIE NOTICE OF MEETING Regular Meeting Agenda January 10, 2017 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Wylie Way Students (E. Hogue, Mayor) January 10,2017 Wylie City Council Regular Meeting Agenda Page 2 of 3 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of December 13, 2016 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2016. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30,2016. (L. Bantz, Finance Director) D. Consider, and act upon, Ordinance No. 2017-01, waiving the requirement for an appraisal, and setting a value of $10 to abandon a portion of Hooper Road, being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey,Abstract No. 703, consisting of 0.529 acres or approximately 23, 023 square feet. (R. 011ie, Development Services Director) E. Consider, and act upon, Ordinance No. 2017-02 to change the zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13 (R. 011ie, Development Services Director) F. Consider, and act upon, Ordinance No. 2017-03 amending the zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC), creating a single commercial lot on 4.904 acres, generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 (R. 011ie, Development Services Director) G. Consider, and act upon, Ordinance No. 2017-XX amending Planned Development 2015-11- Single Family District (PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue.ZC2016-16 (R. 011ie, Development Services Director) H. Consider, and act upon, Resolution No. 2017-01(R) of the City of Wylie, Texas; authorizing the City Manager to execute a five-year renewal of the Atmos Energy Corporation Franchise as adopted by Ordinance 2007-02 and providing for an effective date. (M. Manson, City Manager) January 10,2017 Wylie City Council Regular Meeting Agenda Page 3 of 3 REGULAR AGENDA Tabled from 12-13-2016 Remove from table and consider 1. Consider and act upon a request to provide alternative roofing options to the current cedar shingle roof located at 301 N Ballard Avenue, for City of Wylie Brown House. (E. 011ie, Development Services Director) Executive Summary This item was tabled in order to allow council members an opportunity to visit existing structures with the proposed roof shingles. Public Hearing 2. Hold the 1st Public Hearing for the annexation of approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line. 2017-01A (E. 011ie, Development Services Director) Executive Summary This annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way.Area is approximately .6 miles of asphalt paving(1.35 acres). READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on January 6, 2017 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed 7#411 Wylie City Council CITY OF WY LIE ................................ ......................................................................................... Minutes City Council Meeting Monday, December 13, 2016 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman David Dahl, Councilman Jeff Forrester, Councilwoman Candy Arrington, and Councilwoman Diane Culver. Councilman William Whitney III was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Development Services Director, Renae 011ie; Fire Chief, Brent Parker; Police Chief, Anthony Henderson; Finance Director, Linda Bantz; City Engineer, Tim Porter; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich„ and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation and City Manager Mindy Manson 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 fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Melissa Patterson, residing in Rockwall, addressed Council with concerns regarding traffic stops during the hours of 5 p.m. — 10 p.m. Minutes December 13, 2016 Wylie City Council Page 1 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 November 14, 2016 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2016-30 amending Ordinance No. 2016-20, which established the budget for fiscal year 2016-2017; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2016. (L. Bantz, Finance Director) D. Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for October 31,2016. (L. Bantz, Finance Director) E. Consider, and act upon, approval of a Final Plat for Liberty Private School Addition, creating one commercial lot on 9.673 acres, generally located in the City of Wylie ETJ on FM 544 generally located east of FM 544 and north of Bozman Road. (R. 011ie, Development Services Director) F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2016. (S. Satterwhite, WEDC Director) G. Consider, and act upon, the award of bid #W2017-16-B for City of Wylie Community Park Parking Lot Improvements to GT Construction in the amount of $209,957.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) H. Consider, and act upon, the approval of wireless services and products from Verizon in the estimated annual amount of$70,000.00 through a State of Texas Department of Information Resources (DIR) contract, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) I. Consider, and act upon, the award of bid #W2017-17-B for Wylie Fire Rescue Burn House Improvements to GT Construction Inc. in the amount of$62,395.00, and authorize the City Manager to execute any necessary documents. (G. Hayes, Purchasing) J. Consider, and act upon,the approval of the purchase of additional roofing services from D & G Quality Roofing in the estimated amount of$105,000.00 through a cooperative purchasing contract with Choice Partners/Harris County Department of Education; and authorize the City Manager to execute any necessary documents. (G. Hayes, Purchasing) K. Consider, and act upon,Resolution No. 2016-32(R) authorizing the City Manager of the City of Wylie, Texas to execute an Encroachment on Easement agreement with Oncor Electric Delivery Company LLC to construct, operate and maintain a hike and bike trail in the Oncor easement which is recorded in Volume 620, Page 284 of the Deed Records of Collin Minutes December 13, 2016 Wylie City Council Page 2 County, Texas for the Wylie Municipal Complex East Meadow Trail project. (M. Sferra, Community Services Director) Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting rezoning for 5.23 acres from the current AG/30 (Agricultural) to SF-10/24 (Single Family). The property was annexed into the City in November 2016. Additionally, this request is part of an overall larger request that includes an additional 16 acres to the north (already within city limits)that was rezoned in August 2016. Public Hearing Mayor Hogue opened the public hearing on ZC 2016-13 at 6:11 p.m. asking anyone present wishing to address Council to come forward. One person spoke against the zoning with regard to the closing of a mobile home park within the zoned area. With no other citizens wishing to address Council, Mayor Hogue closed the public hearing. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem Stephens to approve a change in zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC), creating a single commercial lot on 4.904 acres, generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 (R. 011ie, Development Services Director) Minutes December 13, 2016 Wylie City Council Page 3 Staff Comments Development Services Director 011ie addressed council stating that the applicant is requesting a change in zoning to a Planned Development with Commercial Corridor being the underlying zoning district. The applicant has requested the change of zoning to a planned development as the developer encountered issues with compliance of the zoning ordinance due to the unique location of the lot having 3 street frontages. The proposal includes the development of a grocery store to be called Lidl that measures 35,962 square feet. Variations between the PD and the Zoning Ordinance are the allowance for the building to be setback 10 feet away from Regency Drive, signage being allowed a maximum height of 10 feet and the architectural exterior material requirements having some variation to the requirements of the zoning ordinance as shown in Exhibit "D" of the Planned Development Regulations. The developer was able to get to 16% stone on the Front Façade of the elevations which is 4% short of the 20% requirement. The developer encountered limitations in allocating area for the stone due to the design of the building including a large percentage of curtain wall windows. Staff has reviewed the final elevations and believes that the exterior materials used, complies with the intent of the zoning ordinances in regards to achieving visual variety. An additional difference from the zoning ordinance in the Planned Development is the allowance for parking lots that measure 18' by 10' with a 2' overhang. The minimum parking requirements will remain the same and the developer is in compliance by providing 185 parking spaces surpassing the minimum requirement of 120 parking spaces. The developer will also be placing a 4' wide meandering sidewalk along FM 544 and Springwell Parkway and complies with all of the landscaping requirements of the zoning ordinance. The Planned Development is written in a manner that ensures that any variations to the zoning ordinance in the PD can only be allowed to the grocery store's development. Any future development that doesn't match the concept plan shown in the Planned Development will be required to adhere to the underlying Commercial Corridor base zoning. Mayor pro tem Stephens asked if the back side of the store was landscaped. 011ie replied yes it was. Mayor Hogue asked when the company would break ground on the project. Mrs. Sarah Williamson, civil engineer for the project, stated she was not aware of the date. Public Hearing Mayor Hogue opened the public hearing on ZC 2016-14 at 6:26 p.m. asking anyone present wishing to address Council to come forward. Charles McClure addressed Council stating that he owned the property across the street from the proposed store. He stated this was a very difficult lot to develop. He felt the proposal was a very good use of the property. Mayor Hogue closed the public hearing at 6: 28 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve a change in zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC), creating a single commercial lot on 4.904 acres, generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Minutes December 13, 2016 Wylie City Council Page 4 3. Hold a Public Hearing and consider, and act upon, amending Planned Development 2015- 11-Single Family District (PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2- 9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. ZC2016-16 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting to amend the current PD to allow for the re-configuration of the 7,200 sf minimum lots which were provided as a transition between Stone Ranch and Westwinds Meadows. The layout was re-configured due to the existing Gas Easement running east and west along the northern property line of the subdivision. At the request of Atmos Gas, lots should side the easement instead of backing the lots to the easement. Public Hearing Mayor Hogue opened the public hearing on ZC 2016-16 at 6:45 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6:46 p.m. Council Action A motion was made by Councilman Forrester, seconded by Councilwoman Arrington to approve amending Planned Development 2015-11-Single Family District (PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. ZC2016-16 A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 4. Hold a Public Hearing and consider, and act upon, approval of a Replat of Block B,Lots 8R and Lot 9R of Woodbridge Center Phase 1, creating 2 lots on 2.096 acres, generally approximately 500 feet southwest of the intersection of FM 544 and Woodbridge Parkway. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the property totals 2.096 acres and will create 2 lots from two existing lots. The developer of Lot 9R, Block B needed additional acreage for his development and this Replat is moving the lot line that is shared between Lot 9R and Lot 8R to the east to increase the acreage of Lot 9R. The developer for lot 9R desires to develop a one story restaurant to contain an HOP. The site plan for this restaurant was approved by Planning & Zoning Commission on December 6, 2016. Both lots in the Replat meet the minimum street frontage and lot size requirements. The plat shall also dedicate the necessary rights-of-way, fire lanes, utility, construction, and drainage easements. The Replat complies with the applicable technical requirements of the City of Wylie. Public Hearing Mayor Hogue opened the public hearing at 6:50 p.m. asking anyone present wishing to address Minutes December 13, 2016 Wylie City Council Page 5 Council to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6: 51 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to approve a Replat of Block B, Lots 8R and Lot 9R of Woodbridge Center Phase 1, creating 2 lots on 2.096 acres, generally approximately 500 feet southwest of the intersection of FM 544 and Woodbridge Parkway. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 5. Hold a Public Hearing and consider, and act upon, a Replat of Block B, Lots 1, 2, and 3 of Freddy's Addition, generally located at the southeast corner of FM 544 and Regency Drive. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the property totals 3.789 acres and will create three lots. Lot 1R and Lot 3R both have approved site plans for the development of restaurants. This replat will not affect the development of those 2 lots, but does provide additional easements for Lot 1R. The request from the developer is to divide lot 2R into two lots to be labeled as Lot 2R-1 and Lot 2R-2 in Block B of the Freddy's Addition Final Plat. Charles McClure, developer of Freddy's Addition, addressed Council stating that he was planning to construct Souleman's BBQ in Lot 2R1 ,Bush's Chicken on 3R, a pharmacy, McClure Office Building on 2R2, and Freddy's Frozen Custard on Lot 1R. Public Hearinci Mayor Hogue opened the public hearing at 6:55 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6: 56 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to approve a Replat of Block B, Lots 1, 2, and 3 of Freddy's Addition, generally located at the southeast corner of FM 544 and Regency Drive. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 6. Consider, and act upon, a request in accordance with Ordinance 2007-21 from Woodbridge North 1, Ltd to waive the requirement for an appraisal and to abandon a portion of Hooper Road being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, consisting of 0.529 acres or approximately 23,023 square feet. (R. 011ie, Development Services Director) Minutes December 13, 2016 Wylie City Council Page 6 Staff Comments Development Services Director 011ie addressed Council stating that in accordance with Ordinance No. 2007-21, Section 2.12.A.5, the applicant, Don Herzog, is requesting to abandon approximately 23,023 square feet of right-of-way and waive the requirement for a certified appraisal. The subject right-of-way is situated in the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, of the Deed Records of Collin County, Texas. Don Herzog, applicant, addressed Council stating that the property was left after the construction of Woodbridge Crossing and has no use and has little value. He stated he would like to have the property abandoned by the City to transition the area where new townhomes will be built. This would also release the City from maintenance on the property. Councilman Dahl asked if this appraisal waiver and sale of property was fair to others who requested abandonment of property owned by the City. Mr. Herzog stated, it comes down to how it was created. This was part of the construction of Woodbridge Crossing and was left due to the curve within the roadway. This is a way to release the City from maintenance. Councilman Dahl stated, on the other side, maintenance costs and new property taxes may outweigh the waiver and sale price. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Forrester to approve the abandonment of a portion of Hooper Road being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, consisting of 0.529 acres or approximately 23,023 square feet for the sale price of $10.00. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 7. Consider, and act upon, Resolution No. 2016-33(R) authorizing and approving WEDC Resolution 2016-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing a loan in the aggregate amount of $300,000 from Billy R. Jarrard, Jr. and pledging the 1/2 cent sales tax for economic development as collateral to secure the repayment of said loan. (S. Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Sam Satterwhite addressed Council stating that the WEDC Board of Directors met on December 7, 2016 and approved the attached Resolution which authorizes the borrowing of $300,000 from Billy R. Jarrard, Jr. and the pledging of the WEDC 1/2 cent sales tax for economic development as collateral for the repayment of the same. The loan is entered into as part of a Real Estate Contract to fund the purchase of 0.29 acre from Billy R. Jarrard, Jr. The property is located near the northwest corner of Birmingham and State Highway 78 and is being purchased to complement two adjacent properties that will be marketed as a single tract for new commercial development. Council Action A motion was made by Councilwoman Arrington, seconded by Councilwoman Culver to approve Resolution No. 2016-33(R) authorizing and approving WEDC Resolution 2016-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing a loan in the aggregate amount of $300,000 from Billy R. Jarrard, Jr. and pledging the %2 cent sales tax for economic development as collateral to secure the repayment of said loan. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Minutes December 13, 2016 Wylie City Council Page 7 8. Consider, and act upon, a request to provide alternative roofing options to the current cedar shingle roof located at 301 N. Ballard Avenue, for City of Wylie Brown House. (R. 011ie, Development Services Director) Staff Comments Assistant City Manager Hoisted addressed Council stating that the subject property suffered major damage to the roof during the April 11, 2016 hail storm. The Brown House is a City owned recreation facility. The applicant is seeking alternative roofing options to the current cedar shingle roof. The current roof only has the cedar shingles and no plywood decking under the shingle. Therefore in addition to the extensive roof damage there was also interior damage after the roof failed and hail/water entered the building. Alternatives to the cedar shingle would be a Grand Manor by CertainTeed in a gray/slate color. The product is a fiber glass base shingle with randomly applied tabs and authentic depth and dimensions of natural slate. Fire Chief Parker stated that if wood shingles were used in lieu of the proposed shingles, the house would be required to be sprinkled. The HRC Commission discussed with staff the various options and color. The preference was to go with a neutral color. The Commission voted 6-0 to recommend approval to the City Council. Mayor Hogue and other Council members had concerns with the proposed roofing and preferred the wood shingles that were originally on the house. They asked if they could see the shingles installed. Hoisted replied he would send Council addresses of some installed shingles on other homes. Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Dahl to table Item #8 to the Regular Council meeting of January 10, 2017 to allow time to see the material installed on historic homes in the area. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2016-30 into the official records. WORK SESSIONS • Work Session to discuss status of Bart Peddicord Community Center. (M. Sferra, Community Services Director) Community Services Director Sferra addressed Council stating that TML insurance is estimating the cost to replace the damaged Bart Peddicord Community Center at $39,850, if depreciation is recovered. He reported the total operating budget for fiscal year 15-16 was $46,927. The operating budget for fiscal year 16-17 was slightly less at $45,272. Revenues for calendar year 2015 were $11,745. Minutes December 13, 2016 Wylie City Council Page 8 Sferra explained the Center had been closed since the April hail storm. The insurance reports indicate a cost of$43,399.37 to repair the interior, and $39,855.30 to repair the roof. Some paid rentals have moved to the Recreation Center, and a few non-profit groups, like HOAs have also rented Recreation Center space for their meetings. Other non-profit groups have found other locations to hold their meetings. The WEDC owns the building and agreed to let the City keep using it, with a three-month notice, if someone else was going to take the building over for redevelopment. Until the hail storm, the City had been booking the building out only three months in advance. Since the hail storm, the building has not been used. Sferra explained, some questions staff is asking are, should the insurance money be used to repair the building and return it to use? Or given that there is the potential for redevelopment to occur at some point, are there other options we should consider? Direction from Council was not to research the repair of the Bart Peddicord Community Center due to ongoing maintenance costs, lack of usage, and future redevelopment of the area. • Work Session to discuss the status of the Public Safety Building. (C. Holsted, Asst. City Manager) Assistant City Manager Holsted addressed Council stating that on October 11, 2016, a work session was held to discuss the Building Condition Assessment, Program, and Preliminary Project Estimate for the Public Safety Building. Three options were presented including repairing the existing building, reconfiguring and expanding the existing building, and constructing a new facility. Based on the discussion, staff has prepared an RFQ for architectural services for the renovation and expansion of the existing building. Additional meetings have been held with the insurance company and, due to the complexity of the repairs, a third party contractor was hired by TML to provide a reconstruction estimate. The estimate was presented to staff on December 13th. He reported TML was estimating the insurance payout to repair the building to be $1,215,000. Cavalry Construction's estimates to repair the building came in at $1,598,000. Holsted asked for direction from Council. Council direction was to move forward with an RFQ to architect firms to review possible designs and subsequent costs for the remodel and expansion of the Public Safety Building. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7: 58 p.m. ADJOURNMENT Minutes December 13, 2016 Wylie City Council Page 9 A motion was made by Councilman Dahl, seconded by Councilman Forrester to adjourn the meeting at 8:00 p.m. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes December 13, 2016 Wylie City Council Page 10 Wylie City Council ry AGENDA REPORT 'a yP 4+rv9Mka{ pr, kI.P�MYYk fl'tlkMA Meeting Date: January 10, 2017 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 30, 2016 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2016. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for November 30, 2016. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2016-2017 Investment Report November 30, 2016 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,587,037.39 MMA 0.3987% Texpool 12/31/2006 NA 2 $15,111,499.94 MMA 0.4144% TexStar 3/15/2011 NA $29,698,537.33 Total Weighted Average Coupon: 0.4067% Money Markets: $29,698,537.33 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,698,537.33 Wylie City Council ry AGENDA REPORT 'a yP 4+rv9Mka{ pr, kI.P�MYYk fl'tlkMA Meeting Date: January 10, 2017 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 20, 2016 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2016. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2016. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2016 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 26,960,371 1,061,572 1,187,345 4.40% A FRANCHISE FEES 2,680,000 2,086 2,086 0.08% B LICENSES AND PERMITS 811,000 62,613 132,616 16.35% INTERGOVERNMENTAL REV. 897,145 87,161 146,813 16.36% SERVICE FEES 3,230,000 257,712 302,249 9.36% C FINES AND FORFEITURES 570,800 43,233 84,325 14.77% INTEREST INCOME 20,000 3,248 6,428 32.14% MISCELLANEOUS INCOME 170,500 14,450 17,219 10.10% OTHER FINANCING SOURCES 2,112,861 0 2,112,861 100.00% D REVENUES 37,452,677 1,532,075 3,991,942 10.66% USE OF FUND BALANCE 0 NA NA NA E USE OF CARRY-FORWARD FUNDS 200,647 NA NA NA TOTAL REVENUES 37,653,324 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 114,462 5,087 20,511 17.92% F CITY MANAGER 856,726 65,122 117,729 13.74% CITY SECRETARY 348,366 21,740 41,137 11.81% CITY ATTORNEY 155,000 0 0 0.00% FINANCE 1,119,128 77,166 131,059 11.71% FACILITIES 677,036 43,788 80,679 11.92% MUNICIPAL COURT 438,994 28,664 53,143 12.11% HUMAN RESOURCES 468,877 28,395 46,573 9.93% PURCHASING 156,815 11,943 22,020 14.04% INFORMATION TECHNOLOGY 1,220,987 313,614 338,996 27.76% G POLICE 8,124,668 671,826 1,250,350 15.39% FIRE 7,528,316 516,246 1,070,384 14.22% EMERGENCY COMMUNICATIONS 1,870,837 219,915 299,716 16.02% ANIMAL CONTROL 519,207 38,117 69,122 13.31% PLANNING 604,465 48,259 85,690 14.18% BUILDING INSPECTION 588,546 36,345 68,555 11.65% CODE ENFORCEMENT 234,925 12,418 23,098 9.83% STREETS 3,193,606 97,335 195,990 6.14% PARKS 2,439,930 143,234 257,259 10.54% LIBRARY 1,815,203 160,565 260,576 14.36% COMBINED SERVICES 5,177,232 617,610 704,328 13.60% TOTAL EXPENDITURES 37,653,324 3,157,389 5,136,915 13.64% REVENUES OVER/(UNDER)EXPENDITURES 0 -1,625,314 -1,144,973 -2.98% A. Property Tax Collections for FY16-17 as of November 30 are 5.40%, in comparison to FY15-16 for the same time period of 4.62%. 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 2015-16 revenue with the remaining fees coming from other seasonal fees. D.Other Financing Sources includes the annual transfer from the Utility Fund. E. Use of Fund Balance: Excess fund balance reserved for hail storm damage repairs. F. Due to one-time expenditures including annual membership dues. This will level out throughout the fiscal year. G. Due to one-time expenditures including annual maintenance contract renewals.This will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2016 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 15,945,000 1,337,064 1,390,653 8.72% H INTEREST INCOME 10,000 1,506 3,393 33.93% MISCELLANEOUS INCOME 67,000 4,873 10,279 15.34% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 16,022,000 1,343,443 1,404,325 8.76% USE OF FUND BALANCE 0 NA NA NA USE OF CARRY-FORWARD FUNDS 45,000 NA NA NA TOTAL REVENUES 16,067,000 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 378,444 21,571 41,913 11.08% UTILITIES-WATER 2,417,190 123,143 219,878 9.10% CITY ENGINEER 498,167 32,852 59,937 12.03% UTILITIES-SEWER 683,848 40,956 87,285 12.76% UTILITY BILLING 418,867 28,800 43,952 10.49% COMBINED SERVICES 12,315,999 746,611 3,581,476 29.08% J TOTAL EXPENDITURES 16,712,515 993,933 4,034,441 24.14% REVENUES OVER/(UNDER)EXPENDITURES -645,515 349,510 -2,630,116 -15.38% H. Most Utility Fund Revenue billed in October was applicable to FY 2015-16. I. Use of Fund Balance: Excess fund balance reserved for hail storm damage repairs. J. Due to annual transfer to the General Fund. This will level out throughout the fiscal year. itte l' Wylie City Council °tl AGENDA REPORT Meeting Date: January 10, 2017 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 27, 2016 Budgeted Amount: Exhibits: 8 Subject Consider, and act upon, Ordinance No. 2017-01, waiving the requirement for an appraisal, and setting a value of $10 to abandon a portion of Hooper Road, being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, consisting of 0.529 acres or approximately 23, 023 square feet. Recommendation Motion to approve Ordinance No. 2017-01, waiving the requirement for an appraisal, and setting a value of$10 to abandon a portion of Hooper Road, being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, consisting of 0.529 acres or approximately 23, 023 square feet. Discussion Owner/Applicant: Woodbridge North, Ltd. The applicant, Mr. Don Herzog was successful in obtaining an abandonment of a portion of Hooper Road consisting of 23,023 square feet of right-of-way and waive the requirement for a certified appraisal for a total amount of$10.00, in accordance with City Ordinance No. 2007-21. The purpose of the request is to develop the area for townhouse uses with frontage and access from Woodbridge Parkway. The applicant shall dedicate the necessary utility easements as shown in Exhibits 3 & 4, and are attached and made part of this ordinance. A check in the amount of$10.00 is required from the applicant and to be processed and deposited to the City. An Ordinance must be adopted and filed with Collin County in order for the County to officially amend their records. Page 1 of 1 ORDINANCE NO. 2017-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, WAIVING THE REQUIREMENT FOR AN APPRAISAL, AND SETTING A VALUE OF $10 TO ABANDON A PORTION OF HOOPER ROAD, BEING A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY, WITHIN THE W.M. SACHSE SURVEY, ABSTRACT NO. 835 AND LK PEGUES SURVEY, ABSTRACT NO. 703, CONSISTING OF 0.529 ACRES OR APPROXIMATELY 23, 023 SQUARE FEET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is public right-of-way being a part of Hooper Road, said right-of-way being approximately 23, 023 square feet; and WHEREAS, the Woodbridge North, Ltd., principal owner of the property adjacent to said right-of-way has requested that the right-of-way be abandoned and offered for sale according to State law and Section 2.12 of the City of Wylie Subdivision Regulations; and WHEREAS, the City of Wylie has determined that said right-of-way is no longer needed for public access purposes, provided that the existing utilities located within said right-of-way are converted to easements through platting or other legal instruments by the new owners acquiring said right-of-way; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the above described right-of-way and as shown in Exhibit 1 (Legal Description), & Exhibit 2 (Detailed Sketch of right-of-way) attached are no longer necessary for public access purposes, provided that a 10' easement be provided for Atmos Gas and City of Wylie water line as described in Exhibits 3 and 4, and that said portion of right-of-way should be abandoned in favor of adjacent property owner(s). SECTION 2: That this abandonment shall extend only to the public right-of-way, title and interest which the City of Wylie, Texas may have in and to said right-of-way, and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. Ordinance No.2017-01 Waiving the requirement for an appraisal,and setting a value of$10 to abandon a portion of Hooper Road, DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2017-01 Waiving the requirement for an appraisal,and setting a value of$10 to abandon a portion of Hooper Road, _- - „ilimprie_gm.,„. ate„,, 1:1„?, : :!:::.:,-,.--,,. ,„,„1::;.,, ::,,.:,.!_:,:_,,,,,:-:,,I,-;,:.-,.0.,,,,.-_ z- !__ _iii!!!„-i_4:1,._, I _-,:--.-- it -N1,,.. N,-,,,,.. i i For Office Use Only CC Case Number: Date Submitrled: CITY OF WY I.. E ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEM,ENrr APPLICATION MINIMUM SUBMITTAL REQUIREMENTS l'•] A completed copy of the attached Abandonment of Public ROW/Easement application. El All exhibits processed (except for Exhibit No. 4, which will be processed by staff). C Attach responses from all abutting property owners. (sample letter enclosed). J A certified appraisal of the value of the land to be abandoned. ri A certified check to the City for the amount of the Appraisal. Ll An executed Release of Claims from each abutting property owner. ADDRESS/NAME OF ADDITION/SUBDIVISION 14-Y,,:7,7,2,0,0,v ttatRu EF! LI„i;CIAL DESCRIPTION (: 3,5 4 11:v/7.—i' A,/p, (.4 b;4,1 “„) APPLICANT (primary Contact for the Project): Name E-Mail ';'1.3 fir Street Address Lay ;/' State Zip Code / Phone Number2/ 4 -.14?).; ?, /:?,,420 Fax Number PROPERTY OWNER'S INFORMATION (if different from above): Name /K LI 1,;,, M ai Street Address City State Zip Code Phone Number 3 Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. i'gnature of Owner, A,,,,g,f0t or Applicant Date Procedure for Abandonment of a Public ROW Page 4 48K299,v1 APPLICATION FOR THE AtANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE: The undersigned hereby makes application for the abandonment of that, portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. Attached, marked Exhibit No. 1 , is a metes and bounds description (dividing the area half) of the area sought •to be abandoned. / /: / 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment. 4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the abandonment. 5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property owners, except the following: (if none, so state) 6. Such public right-of-way/easement should be abandoned because: 7. Such public right-of-way/easement has been and is being used as follows: Procedure for Abandonment of a Public ROW Page 5 048,299 1 8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. 9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature. ) 42 7.)-2Le,), Applicant's Name: Applicant's Address: ' ) Applicant's Phone Number: , ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF t"),0-elf 0/L Subscribed and sworn to before me, a Notary Public, this e day of fo Vein 1 20111 by vOc,),,,,,,/,1" 66,,f MY COMMISSION EXPIRES en4r el_ 7)e: 6enet.,,,, A2019 NotirY PubliC in and for the State of Texas Procedure for Abandonment of a Public ROW Page 6 vl Application for Abandonment of a Public Right-of- Way/Easement Located: / EXHIBIT NO, I Attached is a copy of the metes and bounds descriptiofr(dividino the-area-in-half)of the public right-of-way/easement situated in I Addition/Subdivision to the City of Wylie, County, Texas, sought to be abandoned, Procedure for Abandonment of a Public ROW Page 7 4g,4290 LEGAL_ DESCRIPTION BEING a tract of land situated in the W. Sachse Survey, Abstract No. 835 and the L.K, Pegues Survey,Abstract No, 703, City of Wylie, Collin County, Texas and being part of a Hooper Road (a variable width right-of-way) described in Right-of-Way Deed to Collin County recorded in Volume 1577, Page 389 of the Land Records of Collin County, Texas; and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KRA" found for corner at the intersection of the south right-of-way line of Hensley Road (a 65 foot access and utility easement) and the west right-of-way line of Woodbridge Parkway (a variable width right-of-way) at the beginning of a non-tangent curve to the left having a central angle of 17'5119", a radius of 447.50 feet, a chord bearing and distance of North 74'13'42" West, 138,89 feet; THENCE with said south line of Hensley Road and with said curve to the left, an arc distance of 139.46 feet to a 5/8" iron rod with "KI-IA"cap set at the intersection of the east right-of-way line of said Hooper Road and said south line of Hensley Road for the POINT OF BEGINNING; THENCE with said east right-of-way line of Hooper Road, South 0°09'47" West, a distance of 289.71 feet to a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of said west right-of-way line of Woodbridge Parkway and said east right-of-way line of Hooper Road at the beginning of a non-tangent curve to the left having a central angle of 613'32", a radius of 1198.82 feet, a chord bearing and distance of South 18°08'19" West, 130.19 feet; THENCE the following courses and distances; In a southwesterly direction, with said curve to the left, an arc distance of 130,26 feet to a 5/8" iron rod with "KHA" cap set at the beginning of a compound curve to the left having a central angle of 553'10", a radius of 934.50 feet, a chord bearing and distance of South 12°04'59"West, 95.96 feet; In a southwesterly direction, with said curve to the left, an arc distance of 96.00 feet to a 5/8" iron rod with 11 plastic cap stamped "KFIA"found for corner at the intersection of the west right-of-way line of Hooper Road and I, said west right-of-way line of Woodbridge Parkway; THENCE with said west right-of-way line of Hooper Road, North 009'47" East, a distance of 507,44 feet to a 5/8" iron rod with "KHA"cap set for corner; THENCE departing said west right-of-way line of Hooper Road, South 89°50'13" East, a distance of 60.00 feet to the POINT OF BEGINNING and containing 23,023 square feet or 0.529 acres of land. Bearing system for this survey is based on a bearing of South 00°00'00" East, for the east line of Lot 30, Block L, Woodbridge, Phase 8,, according to the plat recorded in Cabinet 0, Page 455, Map Records of Collin County, Texas RIGHT-OF-WAY ABANDONMENT BEING A PORTION OF HOOPER ROAD \, W.M. SACHSE SURVEY, ABSTRACT NO. 835 .-•. " L.K. PEGUES SURVEY, ABSTRACT NO. 703 DANA BROWN / CITY OF WYLIE, COLLIN COUNTY, TEXAS REGISTERED PROFESSIONAL ;,...hl,:b-KIA-•1.640.-w -• LAND SURVEYOR NO. 5336 > 'If Ili hi 12750 MERIT DRIVE SUITE 1000 '. 5336 DALLAS, TEXAS 75251 Aent vr-f,\PH, 1,0W3 Nu,c,972-770-1300 .•, /kb"' • •••••• , E.,1 exns 152. 1 r,roo#1011.550 Fax No(2/ )22th-2B211 3, -07}77' CheCked (,i',te Paec Nc> Strut Nr4,. dana.brown@,Kimley-horn.com MTC IJA5 JI.PIC Me, ph,3!,E,4 12? 1 OF 2 PLO FT ED F-n'CU En MJCHEt L 6(20,2C IC,9•11'ANI DWG NAN11,1<.',4DAL_SURVEYWr32564127-WOUDFiRIDOE PARK'AfRY1.01A1C105,2411.54127,,evo 0 BRIDGE HOOFER ABANDONNWNT,FANG LAST „,_,,,,,,,...... .......... I i 1AIOODBRIDGE NORTH I,LTD. HOOPER ROAD -1---........ , , VOL.5580,PG 311 11"11, /tt *---* L.R.0 C.T. (VARIABLE WIDTH ROW.) 'VISLE:le, --...., 65 ACCESS 8,UTIL„ N895013W rl rradlh -ESfv1T, INST.NO. 60.00' 16, . . .P 0 B 20080714000878820 C,C,T. NORTH ......0 0 IRSC—'-' CS —13a 'iv7 89' , P 0 C„„,,,,,,---- 0 30 60 / R-4 o CRAM SC SCAL ft IN r.L 1r E.:t -- ILI, P--. SP/9r, -f--, o) cb cN , 0 o „.. WOODBRIDGE / R.O.W. ABANDONMENT Z I '4 NORTH],LTD. / 1 I 0,529 ACRES Ilm VOL 5580, PG 311 I I ' 0 . . 23 L.R.CC T,023 SQ. T. I 0 co 0.55 ACRES- --.,,,....., - i ...s., LEGEND COLLIN COUNTY VOL. 1577, PG,389 / .1 P.O.B.=POINT OP BEGINNING L.R C.C,T. 1 ,' IRF IRON ROD FOUND .,k- C.M.=CONTROLLING MONUMENT I 1 rr, [Al R /42.71:1: D.R.C,C T,=DEED RECORDS OF COLLIN DEED RECORDS OF COLLIN LCORUrNeTYT,.T.EXA, z° z mi d COUNTY,TEXAS IL) g , / 0441,..,c 0.P.R.C,C,T,=OFFICIAL PUBLIC RECORDS, WOOD NORTH I,LTD. i,-. It-1 / ,C) 9* COLLIN VOL.5579,PG.1102 COUNTY,TEXAS L.R.C.C,T, 1 Liu NOTES :>. c>4.” .) 1-:' '7)' 0 ''''Y Bearing system for this survey Is based on a cn IrQ w bearing of South 000000"East,for the east line I I w 0 ''.'Z' of Lot 30,Block L,Woodbridge,Phase 8, lo' w ce according to the plat recorded in Cabinet 0, Page 455,Map Records of Collin County,Texas. .•4.,:. ,4I IRS C All property corners are 5/8"iron rods with"MA' cap set unless otherwise noted. , 1 0, 11 A=6.1332 --- -.'-\'-----CITY OF WYLIE R=1198..82" INST.NO,20070829010002970 L=130.26' L,R.C.C.T, VOL 2007,PG.444 1 C[3=318°08'19" M.R.C.C,T, C=130.19" • RIGHT-OF-WAY ABANDONMENT ® BEING A PORTION OF HOOPER ROAD WOODBRIDGE NORTH W.M. SACHSE SURVEY, ABSTRACT O. 835 COMMERCIAL]LTD L.K. PEGUES SURVEY, ABSTRACT NO. 703 INST. NO.2007'1004001372090 CITY OF WYLIE, COLLIN COUNTY,TEXAS 0.10,,R.C.C,T. A=5°5310°' o R=934.50' ai 0 )) 1 1 L=96.00' 1 1 I CB=S12°04'59" ,i -i.,°,515,Mont DiOvo,Suao 1000 TO Na.072)770 130,0 FIRM P 10'115500 Fax No(972)266 3820 0 C;795.96' 0.alas„rena 75251 IR SC— 6loW pram-LW, CAmillt---- ig, 1 fottert Mo fir.f.,,eg No . 1".60' MTC DM JUNE 20 t8 i 063564127 2 DC) PLOTTLD CY-CUE:1E,I'vl G fC HELL 9,120;2619 9,31 AM DWG NAME K,..DAL_SURVEY106-3564127460,0 DeR 11)6;L.PARKWAYOWG'666564127-f64,00 DB RI DGE HOOPER ABANDONMEN;DWG LAST Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance,) Procedure for Abandonment of a Public ROW Page 8 •1882q9 — 1 -------___ , ..,_,..........._ _....... WOODBRIDGE NORTH I,LTD. HOOPER ROAD -1-----4..... ,,_ VOL,5580,PG 311 ---*---,.-_, L.R C.C.T. kliE'po / (VARIABLE WIDTH ROW) I SI_SA, ,...„ 65'ACCESS&UTIL, r ici1040 . N89'50"13 'W -ESMT 6000' O.B. INST.NO. 20050714000878820 NORTH fa, V3SC 'C.... / L.R.C.C.T. c, 30 60 N. a GRAPHIC SCALE IN E;LT" U.1 N. t4V19,, 1 F- . o) cc cni cd b i WOODBRIDGE / F-- ROM. ABANDONMENT „,-. NORTH I,LTD. I er> 0.529 ACRES VOL,5580,PG 311 0'a 23 L R.C.O.T.,023 SQ. FT. co 0.55 ACRES— ., / ,,,,, ,, LEGEND COLLIN COUNTY VOL 1577,PG,389 / ,,,,.,,T ROB,=POINT OF BEGINNING L.R.C.C.T, ,.. .. IRF=IRON ROD FOUND / C.M,=CONT*OLLING MONUMENT Ce D,R„C.0 LLI TY.T.=DEED RECORDS OF CON 427 vo COUN ,TEXAS d 2 LR.C.C.T.=DEED RECORDS OF COLLIN u 1--- 0, 41 . COUNTY,TEXAS § / 0 ,"-N O.P.R.C.C.T.=OFFICIAL PUBLIC RECORDS, WOODBRIDGE NORTH I,LTD, li— 69 rsi 0" co ca i "...1 ct, COLLIN VOL.5579,PG. 1102 al 1 < -,,,,. _ COUNTY,TEXAS L.R.C.C.T. 44 , Ct.4,c. NOTES > Ix' Qe . cLriv Bearing system for this survey is based on a bearing of South 00°00"00"lEast,for the east line of Lot 30,Block L„Woodbridge,Phase 8, according to the plat recorded in Cabinet 0, \ Page 455,Map Records of Collin County,Texas, All property corners are 5/8"Iron rods with"KHA" 1 \ cap set unless otherwise noted, i —A=6°13132" 1 --- 'CITY OF WYLIE R=119&82' INST.NO,20070829010002970 L=130.261 L,R.O.C.T. CB-s18'08'1 9" VOL.2007,PG.444 M.R„C,C.T, C=130.19' 1 11 RIGHT-OF-WAY ABANDONMENT ....._ ...._ — BEING A PORTION OF HOOPER ROAD \N.M. SACHSE SURVEY, ABSTRACT NO. 835 WOODBRIDGE NORTH , COMMERCIAL I LTD 1 L.K. PEGUES Sil VEY, ABSTRACT NO. 703 INST. N0,20071004001372090 I CITY OF VVYLIE, COLLIN COUNTY, TEXAS 0.P.R.0,C.T. A=5'53'10" ., / w 1 R=934.50' L=96.00" 1 1 C B=S1204159" 12?.,,,io t,,,,,,,,i Dth,,,,so,,,,,i ODD Tol Na(972)770 1900 IRsc W C95 96' Da[las.,T,a,r4s 7525 FIRM#10115500 Fax No f,972)231 3620 au& ,Ozayon En T —atti Pc0c{1 No $NPot No --- ,— ,",60' NITC DAB JUNE 29)6 543.504177 2062 PLOTTED BY CUM,MITCHELL 020,7015 9:31 AM MAC NAM HODAL SURVEY5U3564121-WO0DBRIDGE PA WAY DWG1063564127M000 RROG V HOOPER AdANDONME RIDING LAST Application for Abandonment of a Public Right-of- Way/Easement Located: Hooper Road at Woodbridge Parkway EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. GAS COMPANY BY: Title TELEPHONE COMPANY "Y: Title aormiu-- ee (16, ELECTRIC COMPANY Coop,' :Foc. (\ 4 BY: Aetx4„,„ Title 1);,, " Procedure for Abandonment of a Public ROW Page 9 488299N B Application for Abandonment of a Public Right-of- \A/ay/Easement Located: Hooper Road att.„.„,.Woo#ridge Parkway EILLI Er J,Iir O. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the, public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the, described portion thereof,. GAS COMPANY BY: . ..... . 1 iulc.../z _ . TEL COMPArlY ,..... BY L.-1:)....J.0•4\1\C. •-'... .• •,-)'Llig..0,.1.___I • .. , 0,,„„..,- ,,,,Yrr.)::„:-...q„.L...), c f (-1 1 , i---- ,-/---- THte eiv-Vi:',.S.'..C.).. /,..lf 6:,,,,-66064,,, ELECTRIC COMPANY _.._ BY: Title Procednre for Abandonment of a Public 488299:v1i Don Herzog From: Lofts,. Richard <Richardloftis@oncorconn> Sent: Friday, October 14, 2016 12:08 PM To: Don Herzog Subject: Woodbridge Hooper Road Abandonment Don, Oncor has reviewed your request to abandon, a portion of Hooper Road, as shown in the information provided and as generally shown below. After review of the subject request, Oncor Electric Delivery Company LLC has no objections with said abandonment. This email may be used as Oncor Electric Delivery Company LLC approval for such abandonment as required by the City of Wylie. Thanks and please email or call with questions or comment. Richard "Rick" Loftis Oncor Electric Delivery Company LLC Real Estate & Right of Way Services 4600 State Highway 121 McKinney, Texas 75069 972-569-1232 Office 972-569-1299 Fax Play Hard, Live Life, IAIWZK SAFE •.-.....„ ' I%Ill di 1110 77 1110 11111111111 moll, Illibik All Mill 11111111111 1111111111111111 1 111'1111111111 :7,,, I „iiiiio ,.,,, - i e r • November 7, 2016 Mr. Don Herzog Herzog Development Corporation 800 E. Campbell Rd., Suite 130 Richardson, Texas 75081 RE: Woodbridge iTooper Road Abandonment Dear Mr Herzog: Upon your request, I have reviewed the location of gas facilities along the portion of Hooper Road from Hensley Lane south to Woodbridge Parkway as shown on the provided location map and proposed abandonment exhibit. It has been determined that Atmos Energy Corporation does have facilities along the described section but will have no objections to the proposed abandonment lithe developer agrees to provide a 10 foot utility easement along the entire length of the affected gas line or agrees to fund all costs related to the relocation of the facilities. If you have questions, please contact me at 972-485-6234, Sincerely, Jo V. Cabezucla I?rdject Manager Atmos Energy WOODI*RIDGE NORTH iLTD. 8�00 E. Campbell Road, Suite 13O Rlchard�son, Tenas 75081 November 828IG Mayor and City Council City of Wylie 308Cnontry[|ubDrive City of Wylie, Texas 7SDSQ Re:Abandonment nf Hooper Road South of Hensley Road: Mayor and City Council, Atmos Energy has an existing gas line in Hooper Road as shown o,n the attached drawing. They have mo objection to the �bandonment of the portion of Hooper Rnad south of Hensley to Woodbridge Parkway provided the dev�loper agrees to dedicate a 10' utility easement or agrees to fund all costs related to the relocation of the gas line. We agree to either grant an easement or to fund the reCocatiom as requested. Sincerely, Donald p. Herzog m u Attachment },., 7 y L. AN L&` Industrial Meier.Annotation I e Arc De Main And Service Dimensiaan.Unknown Anna j 6"GAS�� i. ,i s'.^..:/ _ '\_ -- ._ '` c \N I I 4 . \ ----w _ .\ = v GAS CONSTRUCTION PRINT 1 } energy I PROJECT NO. S 1 DATE a `�. MANAGER ,G7.. _ '. PHONE MAR F 67-51 AMARGCG 1OK 1 1 _- - mcsEe 3 J `f - 3 nn, z a..-w_.. g.3�sv' ._Y-&%,,rx -.eciserds '. .5 - LOCATION SAC-Nas TEXAS Application for Abandonment of a Public IEZight-of-Way/Easernent EXHIBIT NO. 4 The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. City Engineer Building Official Planning Director Fire Marshal Director of Public Services Procedure for Abandonment of a Public ROW Page 10; 4M2.99 vl EXHIBIT 4 - CITY WATER LINE 1 —""'" —4..., .--#,...-- Mn my f i i WOODBRIDGE NORTH I,LTD. , HOOPER ROAD-- ---,..- VOL 5580,PG 311 ' I, --"----,... •4 (VARIABLE WIDTH R.ONV) I I vStr- ,,,,LRCCT„ F...—O;--...................._ ....;,..-- ,65"ACCESS&UTIL. Y Fkif-1,4 0 -ESMT , fts. 60.1• oNST, NO. 200607140008;1'8820 NORTH ..-• L R.00 T„ IRSC ' , ... ...... P.O.C. D SO ci. 2.9 Nr. I 1.. 7 n.,, rs.. ".4 R-'7-'44, 6 c:s tO ., .a. "C:IltioSsi*th k OftAPI tAC SCALE!IN . IL. C.; ) c, IN. , b z E VVOODBRIDGE / 1 R.O.W. ABANDONMENT—, VI: NORTH I LTD, / ' a) VOL 5580,PG 311 0.529 ACRES L RCC 0 . . .T. Co 23,023 SQ. FT. ,w) ''''\ 10- I 0„55 ACRES-—,..,.„, 11 I / -‘, LEGEND • COLLIN COUNTY 'I VOL.1577,PG.389 / I P.O.B.=POINT OF B.,i' . INNING L.R.C.C.T. : RF=IRON ROD Ft' ND , ik"' C.M.=CONTROL • IG MONUMENT I Ce D.R.C.C.T.is DE,I RECORDS OF COLLIN e tit- COUNTYTEXAi, ; z L,R.C.C.T.=DEED RECORDS OF COLLIN 1 1-.. 41-, COUNTY TEXAS / e-Ii. .. O.P.R.C.C.T.=OFFICAL PUBLIC RECORDS, 1 VVOODBRIDGE NORTH I,LTD. , El 21._ '-'0. / 0 tt" COLLIN VOL 5579,PG.1102 tri < *r.. COUNTY.TEXAS L.R.0 C.T. Ith NOTES e .> 1 I 410 1 1,9 i 0 ay Bearing system for this survey is based on a I u) bearing of South 0000'00""East for the east line Cle- R (3 i .,,T of Lot 30,Block L„Woodbridge,Phase 8, iu-- --a. < cl, according to the pat recorded in Cabinet 0, '1I Page 455,Map Records of Collin County,Texas I , All property corners are 518"iron rods with%HA" I cap set unless otherwise noted. A=8"13`32" CITY OF WYLIE R=1198,82 INST.NO, 200701629010002970 L=130.26' LR C.C.T. VOL 2007,PG 444 • CB=S18nOB'19 C=130.19' M.R.C.0 T. ,r" 1 , 1, 1 1 , , RIGHT-OF-WAY ABANDONMENT , 0 I BEING A PORTION OF HOOPER ROAD . WOODBRIDGE NORTH W.M. SACHSE SURVEY, ABSTRACT NO. 835 • COMMERCIAL I LTD L.K. PEGUES SURVEY, ABSTRACT NO. 703 INST.NO.20071004001372090 ',• 0.P,R.C.C.T. I CITY OF WYLIE, COLLIN COUNTY,TEXAS ' • • ' A=5°5310" Kimiey* Horn 96.00' 1 r 1 C13=512°0459' 17750 Mali Otiveo.Wie,iVICX1 TN No coirzi mina af., C=95.96' DMA%Tam 7S291 FIR:A A ICI ISM Fiat Ha OM:2294= , IRSC SIVA Oman .? 0 twit6^4 t V 1 Zit I 7 Pgead No ,z__I.No ' --- "---'w - l'"A eo irc, DM An*AIM 292.594127 2 OP 2 PLOTTED DV CLOE,MITCHELL=VMS 9:31 AM DW3 NAME KIDAL_SURVEY.6635941 21-W0ODEIRIDG2 PARKWMADWOl36359412740.0009RIOCE HLOPER ABANDONMENT DWG LAST Application for Abandonment of a Public Right-of- Way/Easement EXHIBIT NO. 5 The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Procedure for Abandonment of a Public ROW Page 11 488.299\ EXHIBIT NO. 5 1:Yt 0. 4 I (,) I IL [DATE] [Name & Address] RE: Abandonment of Right-o f-Way Located at: To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-way/casement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No. 2007-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie. County records indicate that you are an owner of property abutting the subject portion of right- of-\vay/easement. Please complete the questions below, and return this letter to the City of Wylie Planning Department, 300 Country Club Road, Bldg. 100, Wylie, Texas 7509$ at your earliest convenience. I do (4, I do not ( ), agree to the abandonment of the subject right-of-way/easement. If abandoned by the City, I am am not ( ), interested in purchase of, at fair market value, that portion of the right-of-way/easement abutting my property. If you do not wish to purchase the offered land, it will he offered to the other abutting property owners. All of the abandoned right-of-way must be purchased by the abutting property owner(s) within six (6) months of City Council approval. Unless the entire area is sold, the right-of- way/easement will not be abandoned. rt9 F+igriature of property o or authorized agent Procedure for Abandonment of a Public ROW Page 12 It 8 299.v I EXHIBIT NO. 5 (2. 1 ) \VY 1,1 [DATE] ; [N aline & Address] RE:, Abandonment of Right-of-Way Located at: / fr2i, To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-way/easement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No. 2007-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie. County records indicate that you are an owner of property abutting the subject portion of right- of-way/easement. Please complete the questions below, and return this letter to the City of Wylie Planning Department, 300 Country Club Road, Bldg. 100, Wylie, Texas 75098 at your earliest convenience, I do I do not ( ), agree to the abandonment of the subject right-of-way/easement. If abandoned by the City. I am ( ), I am not ( 1, interested in purchase of, at fair market value, that portion of the right-of-way/easetnent abutting my property, If you do not wish to purchase the offered land, it will be offered to the other abutting property owners. All of the abandoned right-o,f-way must be purchased by the abutting property owner(s) within six (6) months of City Council approval. Unless the entire area is sold, the right-of- way/easement will not be abandoned. TDh27 " - Signature of property ow4n1f( r authorized agent Procedure for Abandonment of a Public ROW Page 12 4 S8299.vi EXHIBIT 6 CERTIFIED APPRAISAL OF THE VALUE OF THE LAND Procedure for Abandonment of a Public ROW Page 13 488299 v WOODBRIDGE NORTH LLTD. 800E. Campbell Roac!, Suite 13O Richardson,Texas 75O81 November 8, 2Q16 Mayor and City [ound| City ufWylie 3O0 Country Club Drive City of Wylie,Texas 75Gg8 Re: Abandonment of Hooper Road South nf Hensley Road Mayor and City Council, ' We are requesting a waiver for the requirernent of an appraisal for the abandonment of 0.529 acres of Hooper Road south of Hensley Road to Woodbridge Parkway. VVe ask the value be,set at$18.00and other consideration. The additional consideration would be derived frorn the fees and tax reven:ue the property will bring the city from the property being included as part of the townhouse development to the west. Presently this section of Hooper Road is barricaded at Hensley Rmad on the north and does not con:nect to Woodbridge Parkway omthe south, We appreciate your consideration to this request. Sincerely, Donald P. Herzog � u EXHU IT 7 RELEASE OF CLAIMS Procedure for Abandonment of a Public ROW Page 14 4299 RELEASE OF CLAIMS In consideration of the abandonment of the'.,:i..'. .,•,.,..:; ..:.,,„....2y.,:t? feet of right-of-way which is a pail of the ,.(!:,,l_p,,,2!..,,, ,,,,,,,,•'".,.'2',222,,.s...':LL ,,ddiiioti.. Of the. Origirial. Te.y;kn. of Wyhe, according to the Plat thereo,frecorded in Volume 2.„*:)__., Page 4,,,././zi: , of the Deed Records ofcollin County, Texas, as more particularly described in. Exhibit "A" attached hereto and incorporated herein for all purposes (the f'Right-ollWay")., the receipt and sufficiency of which is hereby acknowledged„ we,ZI,.„..) dle,. ''..).i.!...',',/,1../.. /...:riV. release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which we may. possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in. any way to the Right-of- Way. We are .fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and hilly authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(jes). We represent and warrant. that the claims released above are currently owned solely by us, , ). , 4,..„. „..,i , /4,1„ i„,,,,,:„..,„„J , free and clear of all liens, encumbrances, pledges, , ,,,.., t,,,,,:z ..f..02J2,,,-,, el .„,...„(......t, assignment , claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the:Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council. Members, officers, agents, employees and representatives :from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties° respective legal, heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. In witness whereof, we have executed this Release on the Ff"/47 day of „ 2011. ..., ......„.1.„...„......)iel...„,,Ik..............,...f.„:,....,„„„,, .....„........, ( i , . , Procedure for.,Abandonment at a Public ROW Page 15 4M52.99..vi A C K NOW L ED GM ENT STATE OF TEXAS COUNTY OF /),,,Z § Before me, the undersigned authority, on this day personally appeared „ known to me to be the person whose name is subscribed to the fUregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 20 MY COM' ES / „,„„ Not at e of Texas -' My Commission Expires: STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 2011. Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 4 U299.v RELEASE OF CLAIMS In consideration of the„abandonment of the.',';,',!„...,,,.;.,77 ,,,,,-„,,,yr,i.,.. !,!. .feet of right-of-way which is a part of the Addition Of the Original To"wn of Wylie, according to the Plat thereof recorded in Volume)..„)1,4], „ Page ,„ of the Deed Records of Collin County, 'Texas, as. more particularly described in Exhibit "A" attached hereto and incorporated herein fbi.• all purposes (the "Right-of-Way"), the receipt and sufficiency of which is hereby acknowledged, release any and all claims against the City of Wylie, Texas, and .its Council Members, officers, agents, employees and representatives, which we may. possess at the .time of the execution of this document, or which come to exist as a result of' conduct occurring prior to our execution of this document, relating in any way to the :Right-of- Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the. legal, valid and binding act and deed of the releasing party(ics).. We represent and warrant that the claims released above are currently owned, solely by us, 22)0(11-4,1,14,,,,,,,l),,,,"....„,41 ("',..;00,,;,,,tvr.i..,-/ / ,,,',4- •. free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and. warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising .:1170m11. claims or encumbrances contrary to the representations and warranties contained in. the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties'respective legal heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. In witness 'whcrenf, we have executed this Release on the ei'..r''''i day of ,,, , 201474, ,.....'./,:.,-,-,. ..,1,..!.....,„1,. ,,'., /,,.'7.,1,-th ,-.:),..../.,,,',,,...- .., „...-----,, - 0 '-----)'''') .. • ) ,,,,, ',„.„,„„,--,•• • ( Procedure for.A.bandonment of a Public 'fOW Page 15 488299,v.1 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF /1) 6. Befhre ma, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the J"', day of A 20111/ R COMMISSION EXPIRES a „ _ Nry 29,Nig Publi4„ State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to ine that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 2011. Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public RI:1W Page 16 48K299 'rm " ' Wylie City Council AGENDA REPORT kI.P�MYYk b'tlk'�F�' Meeting Date: January 10, 2017 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 19, 2016 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2017-02 to change the zoning from Agricultural-30 (A-30) to Single- Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13 Recommendation Motion to adopt Ordinance No. 2017-02 to change the zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13 Discussion Owners: Serene Development Applicant: Jim Koch (Serene Development) Zoning Case 2016-13 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance provides permanent zoning on 5.23 acres for single-family residential development. Exhibits A (Legal Description), B (Zoning Exhibit) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2017-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2016-13, FROM AGRICULTURAL-30 (A-30) TO SINGLE-FAMILY 10/24 (SF-10/24) TO ALLOW FOR SINGLE-FAMILY DEVELOPMENT ON 5.23 ACRES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single-Family 10/24 (SF- 10/24), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Zoning Exhibit) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance 2017-02 Zoning Case number 2016-13,from Agricultural-30(A-30)to Single-Family 10/24(SF-10/24)to allow for single- family development on 5.23 acres SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:January 18,2017,in the Wylie News Ordinance 2017-02 Zoning Case number 2016-13,from Agricultural-30(A-30)to Single-Family 10/24(SF-10/24)to allow for single- family development on 5.23 acres EXHIBIT A Property Description (south/annexation) SITUATED in the State of Texas and the County of Collin, being part of the Francisco De La Pina Survey,Abstract No. 688, being all of a called 5.230 acre tract of land conveyed to Odle Hall Living Trust by deed recorded in Volume 5424, Page 4662 of the Deed Records of Collin County, Texas and these premises being more particularly described as follows: BEGINNING at a point for corner in the west line of Kreymer Lane and in the north line of a called 8.96 acre tract of land conveyed to Baby Abraham and Annamma Abraham by deed recorded in Document No. 20130830001232590 of the Deed Records of Collin County,Texas and marking the southeast corner of said 5.230 acre tract, from which a 1/2 inch iron rod found for reference bears South 88°10'56"West, 3.68 feet; THENCE with the north line of said 8.96 acre tract and the south line of said 5.230 acre tract, South 88°10'56"West, 1099.01 feet to a 1/2 inch iron rod found for corner in the east line of a called 21.054 acre tract of land conveyed to William R.Talbert by deed recorded in Document No. 2014111700125200 of the Deed Records of Collin County,Texas and marking the northwest corner of said 8.96 acre tract and the southwest corner of said 5.230 acre tract; THENCE with the east line of said 21.054 acre tract and the west line of said 5.230 acre tract, North 03°24'46"West, 205.70 feet to a 1 inch iron pipe found for corner marking the southwest corner of a tract of land conveyed to Kikuchi Living Trust by deed recorded in Document No. 95-0091053 of the Deed Records of Collin County,Texas and the northwest corner of said 5.230 acre tract; THENCE with the south line of said Kikuchi Living Trust tract and the north line of said 5.230 acre tract, North 88°13'47" East, 1103.24 feet to a point for corner in the west line of Kreymer Lane and marking the southeast corner of said Kikuchi Living Trust tract and the northeast corner of said 5.230 acre tract; THENCE with west line of Kreymer Lane and the east line of said 5.230 acre tract, South 02°14'05" East, 204.71 feet to the Point of Beginning and containing 5.186 acres of land, more or less. tutur Coiled 1t.05 hies -- --- �' Bkcmiic/d domes.(P. 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'rm " ' Wylie City Council Y ` AGENDA REPORT kI.P�MYYk b'tlk'�F�' Meeting Date: January 10, 2017 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 16, 2016 Budgeted Amount: Exhibits: 6 Subject Consider, and act upon, Ordinance No. 2017-03 amending the zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC), creating a single commercial lot on 4.904 acres, generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 Recommendation Motion to adopt Ordinance No. 2017-03 amending the zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC), creating a single commercial lot on 4.904 acres, generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 Discussion Owner: Cross Development Applicant: Kimley-Horn Zoning Case 2016-14 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows reduced setbacks,percentage of exterior materials as well as a larger wall sign that what the ordinance allows. Exhibits A (Legal Description), B (PD Standards), C (Site Plan), D (Landscape Plan), E(Architectural Elevations) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2017-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2016-14, COMMERCIAL CORRIDOR (CC) AND LIGHT INDUSTRIAL (LI) TO PLANNED DEVELOPMENT- COMMERCIAL CORRIDOR (PD-CC) CREATING A SINGLE COMMERCIAL LOT ON 4.904 ACRES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development 2017-03- Commercial Corridor (PD-2017-03-CC), said property being described in Exhibit A (Legal Description), Exhibit B (PD Standards), Exhibit C (Site Plan), Exhibit D (Landscape Plan), Exhibit E(Architectural Elevations) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance 2017-03 Zoning case number 2016-14,Commercial Corridor(CC)and Light Industrial(LI)to Planned Development-Commercial Corridor(PD-CC)creating a single commercial lot on 4.904 acres SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:January 18,2017,in the Wylie News Ordinance 2017-03 Zoning case number 2016-14,Commercial Corridor(CC)and Light Industrial(LI)to Planned Development-Commercial Corridor(PD-CC)creating a single commercial lot on 4.904 acres EXHIBIT"A" LEGAL DESCRIPTION DESCRIPTION OF PROPERTY SURVEYED BEING a tract of land situated in the in the William Sachse Survey, Abstract No. 835, City of Wyile, Collin County, Texas; and being all of Lot 1 R-1, Block B of Jacob's Addition, an addition to the City of Wylie according to the plat recorded in Instrument No. 20140228000187910 of the Official Public Records of Collin County, Texas; and being all of a tract of land described in Warranty Deed with Vendors Lien to Aurthur P. Willis recorded in Volume 1849, Page 51 of the Deed Records of Collin County, Texas; and being all of a tract of land described in Special Warranty Deed to Alpay Living Trust of October 18, 1996 recorded in Instrument No. 20060208000171930 of said Official Public Records; and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with cap stamped "Peiser& Mankin"found for corner at the intersection of the south right-of-way line of Farm Market 544 (a 120 foot wide right-of-way) and the east right-of-way line of Springwell Parkway(an 80 foot wide right-of-way); THENCE with said south right-of-way line of FM 544, North 89°38'06" East, a distance of 230.15 feet to a 1/2- inch iron rod with cap stamped "Peiser& Mankin"found for corner at the north corner of a right-of-way corner clip found at the intersection of said south right-of-way line of FM 544 and the west right-of-way line of Regency Drive (a 60 foot wide right-of-way); THENCE with said right-of-way corner clip, South 44°19'08" East, a distance of 21.10 feet to a 1/2-inch iron rod found for corner at the south corner of said right-of-way corner clip; THENCE with said west right-of-way line of Regency Drive, South 0°28'37" East, a distance of 419.72 feet to a 1/2-inch iron rod with cap stamped "Peiser& Mankin"found for corner in the north line of said Willis tract; THENCE with said north line of the Willis tract, North 89°40'00" East, a distance of 30.03 feet to an "X" cut in concrete set for corner at the northeast corner of said Willis tract; THENCE with the east line of said Willis tract, South 0°28'01" East, a distance of 230.29 feet to an "X" cut in concrete set for corner at the southeast corner of said Willis tract; from which an "X" cut in concrete found has a chord bearing and distance of South 88°38'24" East, 30.00 feet; from said point an 1/2" iron rod found has a chord bearing and distance of North 89°30'49" East, 30.00 feet; THENCE with the south line of said Willis tract, South 89°30'49"West, a distance of 377.63 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner in said east right-of-way line of Springwell Parkway; THENCE with said east right-of-way line of Springwell Parkway, the following courses and distances: North 0°25'34"West, a distance of 231.30 feet to a 1/2-inch iron rod with cap stamped "Peiser& Mankin"found for corner; North 0°25'34"West, a distance of 0.20 feet to a 5/8" iron rod with plastic cap stamped "KHA"set at the beginning of a tangent curve to the right having a central angle of 27°26'10", a radius of 368.84 feet, a chord bearing and distance of North 13°17'31" East, 174.94 feet; In a northeasterly direction, with said curve to the right, an arc distance of 176.62 feet to a 1/2-inch iron rod found at the beginning of a reverse curve to the left having a central angle of 27°16'46", a radius of 540.00 feet, a chord bearing and distance of North 13°22'12" East, 254.68 feet; In a northeasterly direction, with said curve to the left, an arc distance of 257.10 feet to a 1/2-inch iron rod found for corner; North 0°12'34"West, a distance of 17.13 feet to the POINT OF BEGINNING and containing 4.903 acres or 213,596 square feet of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983 Ordinance No. ,Page 3 Exhibit"B" Planned Development District Development Standards The Property shall be developed and used only in accordance with the following Development Regulations: A. Base Zoning District: The Property shall be developed and used only in accordance with "CC" Commercial Corridor Zoning District regulations except as otherwise provided herein. B. Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit"C", and which is hereby approved. C. Permitted Uses. The Property may be developed and used for any purpose allowed in the CC Commercial Corridor Zoning District. D. Off-Street Parking and Loading. (1) 18 foot x 10 foot parking spaces with a 2 foot minimum overhang shall be permitted along the perimeter of the site as shown in the Concept Plan. (2) Loading and service areas shall be provided as generally shown on the Concept Plan. (3) The maximum parking for this site shall be limited to 190 parking spaces. E. Signage: Wall signs shall have a maximum height of 10 feet. Signage shall be provided as generally shown in Exhibit"E"and"F", and which are hereby approved. F. Screening: Screening shall be provided as generally shown in the attached Building Elevations attached hereto as Exhibit"D", and which is hereby approved. F. Building Materials: Building materials shall be provided as generally shown in the attached Building Elevations attached hereto as Exhibit"D", and which is hereby approved. F. Building Articulation: Additional landscaping along Regency Drive, in accordance with the City's Landscape Code, shall be provided to satisfy the City's building articulation requirement along the facade facing Regency Drive. G. Site Desirable Requirements: Due to site shape and restrictions the Property shall only be required to meet 2 of the 8 Site Desirable Requirements. Ordinance No. ,Page 4 ------- -- IONIH k 6 / , 1 APPR,Friel,/," -=-=.=.=.=.=.=-=--- VICINITY MAP ''`'''' FARM MARKET 544 =22,2.22. :ETEM PEDESTRIAN...SS SI =ELT" 12/'On<ILITPGGIE , 8FR Cq,EhlE, 1,15 COSEW EASELIFIT1 ,N } ''' -1 / 1 2 1 2 1 , ,=,A I a GRAPHIC SCALE IN FEET '9 -0 1 1 1 L101,01.1[1, __ I I I 1 D P.C.C.T I ,0 WOODBRIDGE ADDITION I " / / ' VrTFUT SITE DATA TABLE 2 I VOLUME 2908 PAGE 492 1 I u ''ZALX. LLJ I Fx,,,,,NIN, ,mnil 2 4',.. --, I-- — LOT 1 BLOCK B RUH DINI,P, 35 962 SF = 1 ,ry (.7 FREDDY'S ADDITION INST NO 2016001000000,931 I ,„„,,,,,,,,,,,,,„ / / ,..- ,- •- - . I W' (EBISTING ZONING CC, LOT COVER,: 1,0, ^ § Hi 0-' 1 Ili ,r11 ......, L' ; §'_,____- I i CI W r 1 g„ 2 r,„ 2 --.' •;T 114--2 A, i', '''''' MAXIMUM RARK11,11),OF H,11111FD MI,ING1 1. .,:j. ,T ,a8 , I TiAl 1,1,1CAPIIF1/11111M K PRO.OSE,1 2'2 2. — LOTS 1R.1,BLOCK B 1, i .$' -'''EP\' • ''11,NAIN/1 I 1 I JACOBS ADDITION 12 he 1 VOLUME 2019 PAGE 113 , , it 9% SW,,. , ID 11 .., DESIRABLE SITE DESIGN 1 %Tr;?A;EATIZOOAsAauP. 'i Glo CD CLA WYLIE LLC i INST../201411228000187910 1 1 , REQUIREMENTS pry.1,,,EEry Enj,L,mos AND s-rgEET LEGEND ; PDRC'ENCTTPCA=C71'Ne STREET PROPOSED STANDARD DU,C ONG,. EllrEMMEM222 RENEW MO 0 f I (EXISTING ZONING PD 2008-43) I . 4 u ,EXISTING ZONING CC, 1 1 I IGmley*Horn . PROPOSED CONCRETE FIRE LANE r I. n p 1 I 1'1 LOT 2 BLOCK B JACOBS ADDITION 13'1'31 PROPOSED HEAVY DUN CONCRET, ,1"Z,.r.',.:=D1 5 ,1 1 a221,2 2 1 ELE,1111C. LE—'1,17,7=, I -f p .4 I, E1,REM D ,E1,1101J 0 RELAIJE EASEL,T u, 4 ''I,'LI 9 CAB F PG 939 PROPOSED 4 CONCRETE SIDEWA, VOL-011 P , fit 1, \ ,•,_ ,,E, _1_ D ,HDOKIED I (EXISTING ZONING CC) 1g g ,, PROPOSED AR CHITEC TURAL PAVEMENT PROPOSED ,•,....2,PiltH,,,,,,,,,,,, Z'•Ilik L ''' IWItaili' 1 I -- I/A PROPOSED RIGHT OF WAY DEDICATION PROPOS.UNDERGROUND DETENTION AREA 'r.. ,- 2 2 .1E1, H 1 I D.R C..C.i. 5 1 INST NO 19999209000162500 —,— PROPOSED SANITARY SEWER LINE PROPOSED WATER LINE 0 1' .. PROPOSED STORM LINE (,xls-mozoNING Lo CL I RROROSE"15','", SID,,11, - tl I: C° 1 4 '3'1E' 11 11 PPRROC'PPLSEEDD 45ADIRC'SUI T.%VISIBILIN TRIANGLE IX 1 )1 I NOTES M '( iii FH. PROPOSED FIRE HYDRANT 1/, 1 R \ Well! - LOaGPE I I F., PROPOSED FIRE DEPARTMENT CONNECTION 1 I z D KEY C...) E ,1 I P 9 0 A;, .0 -- CI CU,INLET re i L . ,,, Rm M MRP BTA'R'Rel'ER FREE RAMP . AREA DRAIN , FH FIRE HYDRANT HW HEADWALL C•9 <, __, ''''',. d I 'n r.1 L , . MANHOLE F DC FIRE DEPARTMENT CONNEC'ON 4 5 11 It'.,,/ 11',/ '''''',, MI I f AU E FIRE ACCESS.D UTILIN EASEMENT ID - I 1 p• A , ''''',,, • T"Fis El-1.----Th 'Y,14" ---1 REGENCY tirEFEL=EA.CAMPUS 1 NUT NO 2037121301410,1950 g _ u_ {EXISTING ZONING LB I AU_DIMENSIONS ARE TO FACE OF CU.UNLESS NOTED OTHERWISE 2 AU_RADII ARE 2 UNLESS NOTED OTHERWISE Lt) 1 ''' I Ili.M1 141 I „di— 145, a ALL"REL...RAD.ARE A M.MUM°F 2' 4 HANDICAP PARKING IS PROVIDED IN AC CORDANC E WITH ADA STANDARDS E' AURTHUB P.WI L 1 '',--; ,,e' A 1 , HANDICAP MARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS FOR ALL LOTS 8 FIRE LANES SHALL.PR OVID.IN ACCORDANC E WITH WYLIE REQUIREMENTS i I g-1 . t,I VOLUME 1809 PAGE 31 1,ISTING ZONING LB ENCL°''''..MH ry., L., 1 7 T.SITE IS LOCATED WITHIN FEI.I.P NUMBER...5[04,J NO FLOOD,.EXISTS ON T.SITE 4 R .. . LE ,, ,1 BUILDING VATERVI_ .,. ,,ikg \ a FIRE HYDRANTS SHALL BE PROVIDED IN AC CORDANC E WITH WYUE REQUIREMENTS 8 SIDEWALES AND.Rz SHALL.PROVIDED WITH FINAL DESIGN . . . .,:ligg. g b '1,—y—K—K—K—K——K—X—K—K—X—X—K K A f.11':. . ND n•AC,"DRVE __(,_ _._.,_. ' ?,'.' ,. .-- --— -—--—--—„,-, 1 10 AU_SCREENING WILL.PROVIDED IN ACCORDANCE WITH WYUE REQUIREMENTS 1; '11=AALR'EkNEDXYS'T'INP=ESSA=70SB'EN=DITIMDFSE:PAERNTO7RSOETNETCDS'rE PERkli,ED V.V.., 13 T.SITE DOES NOT CONTAIN ANY NATURAL f EATURES i I L;'FS,,,_L 14 NO APPURTENANCES BEIWEEN THE HEIGHT OF 2 5 AND 8 MAY BE LOCATED WITHIN SIGHT / ,,,,,,, ILErreF VT= .1 . • "L..,_.1,'' I I 1ASIBIUN TRIANGLES EXHIBIT"C" < 1 1 1 • '''''=1""e` II 0- i N 1 GROCER AT SPRINGWELL PARK WA AND FM 544 LU 2 0 q 2 HARGROVE NOLIE REPAIR I I I Being 4.903 Acres Out Of The INST NO 92 0065748 fil 1 1 1 III (EXISTING ZONING LI 1 William Sachse SURVEY, Abstract No. 835 41011 , City of Wylie, Collin County, Texas Submitted October 21, 2016 1 41...4 I -- I I 1 M Engineer/Surveyor: Architect: '4 MO; I 0,."r.7,0. . I 12,0 Me.D,,S.,00 5,0 1,,,\H,11Rd S.,138 Dal,TX,,0 ''' 0,,d TX 75041 =8S7r,r370"'P E 11Zne't8=8="" SP-1 ',I ,. CIIY OF BLILEY LANDSCAPE REQUIREMENTS-DESIRABLE REQUIREMENTS CITY OF WILEY LANDSCAPE REQUIREMENTS-BASE STANDARD r —,.,— --.„ DESIRABLE 444 REOLIMED PROMED ZOO t C01.141,(3,COP144 DISTRitt 41 •Lj 1444E AREA 21413 4 FT L4BSCitilltiM REPOPED YARDS FROH44 25Fr Ira Fr ', ,:;.1.,,,r)ta:::,,NEFlt t, ,LEAST 4 C4FIE SIDE Y.4:I IC.FT 4 tr SITE 4,AD BE 14BSCAPED ..1,,,=111.,,It EXCEEDS TIIE tEn1,41, 104 35 Fr ,1418 sOF44, 62,12L SP Ft 1,4 i °-10710°,11012.= ' 01•14104n.='1" -00,-----, YAF.D NOT tillE4ISE REOIJIRCII 'g'1=t=r4V1.1'ETttAr47-RONT.4 it14ett..2 44.1 SO FT) .42 4 4 FT 62)4 SO FT 4472 4 NM 12 ADDTOMPt TREES PROVIDEDIN 4E4,14 OF STREET FRON,GES t FARM MARKET 544 ' EVELOPEE4 S.4 at,SO FT 3844, oD ; / .24,1411,LINE ...../ 41,011 PG.7fl LANDSCAPNG CP4ARKIAIG LOTS OS,SOFT),4 494 4 Flt g Z TREES REQUIRE...14ER 410 4. —4 17,FiFFE9FIrETELTH' t'tn='0'.=.7.r FP1314APKET 4 4 __ __.., 40,,,, „ "'--_No- diw ---_,----- it MICA' 4 j • 1'4- '14.t.,00....-4-4-,04.0014 .04,r4....4-___...,, i , / 194 SCI FT X.1.925 SO Ft t0.2.3 S4TINCLUDESABBF10,1, SPRIMMELL PPlitt14,1 10,14111R22 . ,1PWAPPL„ _0 • NM so FT.-0,250 SQ Q.1,175 SOF, PAPKIAMISLAND TREES, 414 4C.15 TREES IS TREES 15 TREES ; I I I L4BSCAPING OF STREET FROMTAGES ,LEAST 5,34F FEUUIRED MONT USE OFPOCK,414.0t OTHER 7,f:I'F'1%7 TIFFS 1514„ 15 iliFFS 1 6..... 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O w Por 0 re ,u.u.,vur ,w.x.�x,. �,u.,s.�x oueo.n.rt, r=u..e,.�u n=,. a m ra sore ® aaoaos Oren sxeo .uA soo E,ou rouu r roosEe,.cxEu Ea .,uE u.E.xr,riEE i rtwrevssca x j ,ems .SI„SWINGS E EgW O = o r n=,ra wax, s,ue ruun vn,un r, e.,n s,r.e � �� ® O Lem¢x�,s s,crs r.r,snxe r- r.,v,r nwxrxcrm acsmercoc rrr J 'W IIEL „EXPEEDLEALASEDNIISGES > O SHRUB PLANTING .m LI7J o0 � =r �rt�u , E.E �,x tE Ox w ® 1 e,l O Oa „ ,E o - „rra�.r�x r,o„ x ----- a STEEL EDGING rexX,. mre re1 =,=x�tZg ,xm=._„ re , rex.,�x "--- r re,TP,-', ,r NA=„,... �.x-" WI- 0 Q p - .; .x.rt o,x x�w,O,rre rererw:rre,� - o.,.a. _ O O Or, oF STEEL EDGING in O © s�� - - Z ® O mre, mr �r ox OWES. .I.EI. m.r EXHIBIT •D•• Q s = re,r,r.urE rer m. -, _ DECOMPOSED GRANITE ,,.re rt re=. re reere.0 re�u =,re- .re r.x,,..,r r n .re,rer�„= rr ,vE.,.�e .u,vvoEAE.�r.0 EE f,rt„ „�,o,rei,'si,3. , mx,i rtx xE LP 2.03 Y0 .TERA1.8 Ff1ISn SCHEDULE I ■■_.■■.u,■■NE..■E■E ■■ d SOUTH ELEVATION MATERIAL PERCENTAGE CALCULATIONS .. West TOTAL SURFACE 5A89 S0 FT. AREA SOFT '" "� BRICK 1,729 SO FT. 3E50% STONE 880 SO.FT. 16.037. " STUCCO 2,13BS SO FT. 52.47% ... ® e i... ! li fit_ E - s", el; 4,'«P IIIMENIMINI----, 9 0 � iiiini 0vv, _ �G�I �Iw,,J��l I ■I �'ii I II' - — "a 0 ® * iEE * WEST ELEVATION MATERIAL PERCENTAGE CALCULATIONS EAST ELEVATION MATERIAL PERCENTAGE CALCULATIONS North tut._SURFACE 360 S0 FT, South TOTAL SURFACE 2,803 SO,FT. AREA SOFT AREA SOFT BRICK 309 SO.FT. 85.83% BRICK 58 SO.FT. 2.07X STONE 51 S0,FT. 14.17Y.. STONE 176 S0,FT, 6.28% STUCCO 2,569 SO FT. 91.65X. -s-°o. ', — II NORTH ELEVATION MATERIAL PERCENTAGE CALCULATIONS East TOTAL SURFACE AREA SOFT 3.974 SO.FT. BRICK 248 SO FT. 6,24X EXHIBIT "E" STONE 58 S0�FT.' 1.46X STUCCO 3,668 SO.FT. 92.30% • callawa LynL LIDL - EXTERIOR TE�LEVATIONS a r c h i t e c t u r e WYLIEI 1 )( 1207 HAMPSHIRE LN, STE 105 RICHARDSON, TX-75080 PHONE:214.368.2525 PROJECT*16062 DATE:1130.2016 'rm " ' Wylie City Council AGENDA REPORT �kI.P�MYYk b'tlk'�F�' Meeting Date: January 10, 2017 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 16, 2016 Budgeted Amount: $ Exhibits: 5 Subject Consider, and act upon, Ordinance No. 2017-XX amending Planned Development 2015-11-Single Family District (PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. ZC2016-16 Recommendation Motion to adopt Ordinance No. 2017-XX amending Planned Development 2015-11-Single Family District (PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. ZC2016-16 Discussion Owner: Bloomfield Homes L.P. Applicant: Douglas Properties,Inc. Zoning Case 2016-16 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows a minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F. Exhibits A (Legal Description), Exhibit B (PD Conditions), C- 1&2 (Zoning Exhibit) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2017-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2016-16, FROM PLANNED DEVELOPMENT 2015-11-SINGLE FAMILY DISTRICT (PD2015-11-SF) TO PLANNED DEVELOPMENT 2017-04 -SINGLE FAMILY DISTRICT (PD2017-04-SF) TO ALLOW A MINIMUM LOT SIZE OF 7,200 SF ON LOTS 2-9 BLOCK B, LOTS 13-16 & 19-22 BLOCK C, LOTS 2-6 & 9-13 BLOCK D, AND LOTS 2-8 BLOCK F; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development 2017-04-SF (PD-2017-04-SF), said property being described in Exhibit A (Legal Description), Exhibit B (PD Conditions), Exhibit C-1 (Zoning Exhibit) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance 2017-04 Zoning case number 2016-16,from Planned Development 2015-11-Single Family District(PD2015-11-SF)to Planned Development 2017-04-Single Family District(PD2017-04-SF) SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of January, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:January 18,2017,in the Wylie News Ordinance 2017-04 Zoning case number 2016-16,from Planned Development 2015-11-Single Family District(PD2015-11-SF)to Planned Development 2017-04-Single Family District(PD2017-04-SF) EXHIBIT "A" LEGAL DESCRIPTION Being a 38.121 acre tract of land situated in the E.C. Davidson Survey,Abstract No. 267, in the City of Wylie,Collin County,Texas,and being the remainder of a tract of land conveyed to Charlotte A.Stoeckle as evidenced in Affidavit of Facts Concerning The Identity of Heirs recorded in Instrument 20120720000881090,Official Public Records Collin County,Texas(OPRCCT), and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for the northeast corner of said Stoeckle tract and being in the southeast corner of a tract of land known as Westwind Meadows an addition to the City of Wylie according to the plat recorded in Cabinet B, Page 205, Plat Records, Collin County,Texas,and being in the west right-of-way of Ballard Street(Old Highway No.78 a variable width right-of-way)and the beginning of a non-tangent curve to the right having a central angle of 04 degrees 49 minutes 31 seconds,a radius of 5729.29 feet and a long chord that bears South 02 degrees 53 minutes 48 seconds West a distance of 482.37 feet; THENCE along said west right-of-way of said Ballard Street and along the east line of said Stoeckle tract the following course and distance: Along said curve to the right an arc distance of 482.52 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner, and the beginning of a reverse curve to the left having a central angle of 04 degrees 49 minutes 37 seconds,a radius of 2729.58 feet and a long chord that bears South 02 degrees 53 minutes 45 seconds West a distance of 229.88 feet; Along said curve to the left an arc distance of 229.95 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; South 00 degrees 28 minutes 57 seconds West,a distance of 132.20 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a curve to the left having a central angle of 03 degrees 48 minutes 06 seconds, a radius of 5830.00 feet and a long chord that bears South 01 degrees 25 minutes 06 seconds East a distance of 386.76 feet; Along said curve to the left an arc distance of 386.83 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner, and the beginning of a non-tangent curve to the left having a central angle of 01 degrees 13 minutes 16 seconds,a radius of 5830.00 feet and a long chord that bears South 03 degrees 15 minutes 56 seconds East a distance of 124.25 feet; Along said curve to the left an arc distance of 124.25 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner,and the beginning of a reverse curve to the right having a central angle of 01 degrees 51 minutes 51 seconds, a radius of 2000.00 feet and a long chord that bears South 02 degrees 56 minutes 38 seconds East a distance of 65.07 feet; Along said curve to the right an arc distance of 65.07 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner; THENCE South 45 degrees 00 minutes 05 seconds West,departing said common line a distance of 23.57 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner and being in the north line of Alanis Drive(60'ROW) ; THENCE South 89 degrees 34 minutes 55 seconds West,along the common north line of said Alanis Drive and the south line of said Stoeckle tract a distance of 983.31 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner; THENCE South 89 degrees 42 minutes 33 seconds West,continuing along said common line a distance of 148.17 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for the southwest corner of said Stoeckle tract the same being the southeast corner of a tract of land described in deed to Danny P.Sellers and Marion G.Small recorded in County Clerk's File No. 96-0104910,Official Public Records,Collin County,Texas, and being in the north line of said Alanis Drive; THENCE North 00 degrees 44 minutes 11 seconds West,departing said Alanis Drive and along the common west line of said Stoeckle tract and the east line of said Sellers and Small tract,the east line of a tract of land described in deeds to Milford Founders, LTD, recorded in Document No.2003-0228819, Official Public Records, Collin County,Texas, (50%ownership)and Freshe PM, LLC recorded in Instrument No. 20140714000722710,Official Public Records Collin County,Texas, (50%ownership)and the east line of a tract of land known as Westwind Meadows No.3,an addition to the City of Wylie according to the plat recorded in Cabinet F, Page 643 Plat Records, Collin County,Texas, a distance of 1442.83 feet to an "X"cut in concrete set for corner; THENCE North 89 degrees 56 minutes 45 seconds East,along the common south line of aforementioned Westwind Meadows and north line of said Stoeckle tract a distance of 1183.80 feet to the POINT OF BEGINNING and containing 38.121 acres or 1,660,548 square feet of land more or less. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2016-16 I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 -Planned Development— Single Family (PD — SF) Lot Size (Minimum) Lot Area (sq. ft.) 7,200 Lot Width(feet) 60 Lot width of corner Lots (feet) 65 Lot Depth(feet) 100 Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum Square Footage A/C space) 25% of the lots 1,800 35% of the lots 2,000 40% of the lots 2,200 Lots backing to Alanis Drive 2,600 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements —Main Structures Front Yard (feet) 20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard (feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 145 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required within the Planned Development. 5. Lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 6. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 7. Minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F. All others lots shall be minimum 8,500 s.f. 8. All lots that back up to Alanis Drive shall be a minimum dwelling size of 2,600 s.f. 9. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 10. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 11. The Stone Family House will be moved to a Park on the property. 12. The allowed uses for the Stone House shall be categorized as Accessory Community Center and defined as being an integral part of a residential project that is used as a place of public meeting, recreation, or social activity, regardless of ownership. 13. Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. e. Maintain benches, tables, concrete trail, and any other installed improvements, per Exhibit "P". Coordinate with the City Park Department prior to the replacement or removal of any improvement for consistency with City Park standards. B. City responsibilities of amenities include: a. Perform playground safety inspections by qualified personnel. C. Wylie Historical Society responsibilities include: a. Maintain the Stone Family House. b. Take ownership of the Stone Family House c. Responsible for the security of the Stone family House. d. Pay for the electricity used at the Stone Family House. 14. All Park Amenities as described in Exhibit "P" and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy. IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Exhibit "P" and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Exhibit "P" as adopted by this ordinance. (a) 8' Hike & Bike Trail, with 6' in front of dwellings, achieving link in city trail system. (b) Open Space Improvements, including 1 Tot Lot, 2 park benches, 2 picnic tables, 1 trash can, move the Stone Family House to the park with a new front and back porch, a total 10 car parking lot with 2 handicap spaces (c) Distinctive striping and buttons or similar approved by city engineer shall be installed at trail crossings. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. ^'' Public Access Street i Subdivision i Dev elopment Public Open . ....� - r "`'� ~ Space Easement - '� �..w•- `" Open Space • b. Desirable Design Attributes Single-loaded Street along open space and access per Exhibit "P". 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Exhibit "P" and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Exhibit "C". The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear b. Desirable Design Attributes None 3. Lighting and Furnishings Along Open Space, Easements and Trails a. Base Standard (1) Benches with backs installed per Exhibit "P" (2) Provide distinctive striping and buttons or similar cross-walks approved by city engineer at street connectors. (3) 8' wide distinctive striping and buttons or similar approved by city engineer at main entry; 6 ft wide at interior street connectors per Exhibit "P" b. Desirable Design Attributes (1) 2 Benches, 2 Picnic Tables, 1 Trash Can and 1 Tot Lot, per Exhibit "P",to be coordinated with Parks Department. (2) 8' wide distinctive striping and buttons or similar approved by city engineer crossing at main entry; (3) Moving Stone Family House with a 10 car parking lot. B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 1,^ , rn M ♦ P+ s fin - a w '''''''''1.4::::',1',Ii,'°':*'71,,,,,i;:"*.'4;',;'''''' 74';'4.' :'''' D Irt I�dM,r1^' 1 mti41m,�14JIJMIUM, ,,,,,,i, r y,N i'.� 1 r�N .0 a w, #N1a"C}�h �✓M'J-.f0 tf M3�1K1�F+ '� MJ� Ill fir!� *�� P p�. IIIIW 9 I 1111!F a ? i, �'', „ql M uirG hhR�P 1 Wd 1 p a rypc r I'd ' V io�I'III Ii II ( ° w J ✓ / a (1ry I ; a [I. �r 00010 (l ro; ry . m -1 w �M P' � �"IM1u oh, 1 dlurr M rh„ W I r mmll1 mtiWi'MnJ"w(% W 0 1,�� :'0 ✓ ,M 00 htl 11'., ,wo' 'li^�W�A" VII 100II,I N, tiv m!oh 2. Street Treatments— Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 8 feet wide at trail crossings with distinctive striping and buttons or similar approved by city engineer and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft wide, connected system of distinctive striping and buttons or similar approved by city engineer at Trail Crossing at Main Entry. 4. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 5. Mail Boxes a. Base Standard Mail boxes shall provide number plaque and brick to match the resident. b. Desirable Design Attributes: Same stone and brick as house exterior trim to mail boxes. 6. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possibleJi r� o hie `er ir i F ,Ya'NH r (wcMfN�."Ja y, 9d rytl p Y � !r7�a �l9r Ntihr�2"��){ �� I��/"��,�y afiW I9 1 �> ilr liL� b. Desirable Design Attributes: None 7. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the facade shall be offset a minimum of 1 foot either protruding from or recessed back from the remainder of the facade. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick, rock, or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 120 total square feet of floor area. ^AWi+NNa�dln'r�VYY wI Rlut yY 'QY�;IiIvfP;J;dtI1yI7 NdNf0i'l'y�p 4b ^Y�I,IiI�,lr pi 1 ,jrllaPNallq+fIrlY�,1lFl uVi ¢�I llRi(IVjI�� I w imiY� Y NI dlv. CO 44, ' 1G�" i ! ,yfr1 � 11111111,1 l 1� Mv , � � J l�i, ,�4/0, ml I \ 0 O Yia'� di � +ICP �� II� , tl' ar , r IIY 1 i � �d „ 0 f P YVrW11111 1 1 11 .m H 611VY q 4 001 /Y Y111110 P8 11 , U li l iv V11000,0 II 1001111 ::ributes � I Y 0I I w l � 1 dl b. Desirable Design AYf, Two or more sides of covered porches, or pitched cover incorporated into roof lines of house 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior facade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. b. Desirable Design Attributes: None 7. Roofs and Roofing - Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing - Roof Eaves a. Base Standard No wood fascia or soffits are permitted. III nrvnI,vP"'IIIW"nh„ o',ti o IYu,a w V a(rdrf"�4�!�'1 p�G"ln 1rr I'INVuI 9nr tll!Y tu g," 4r"Yt.v"'ryv4 a y 11 u`"riI 1 au ww� I h f, rr/ 4'1, a ��ry «)l�,'IJi/j II l'' 4ul r ! 1111 W 4 10 '',' I� 0 �FItlIv r a � t:lio ,,. 1 N f VWr 11 W N' 1 I II u,� YY I I I p 1 �l II p�I � W1 I I V III o I IWI 6Y Y r Y N " �p1jN I 11 1111 1 1 'p a �� ,11 .�1IIII II /✓��m 0 tl "� I n 1I �w IIII u� 11h %11IIf 0 � I' l " V w I "1u i II O 1�0 �fl; . / 11, II 1212 1012 Minimum F o f r 12-,12 Pinch AIlowedl f:12 1:'12 b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring side by side lots or directly across the street. L.�I.-1.—L.�.L.I �. I .�.�.�1 I._L.—I—. 'TT'T'T'T'T'1-1 . T'TK TIT'T'T'— . 1±1 . . .NO 6 5 4 3 2 1 1 2 -,- 4 I 5 I 6 I 7 I 3 LO S SKIP ED OP OSITE IDE OF STREET �•1F. -•�• 5 LO S SKIP ED SAME SIDE OF STREET 7 . 5 . 4 , 3 . 2 . 1 !' uv ! 1 2 3 4 5 6 7 . NO I �_� �K I I I OK I I I I I I I I _ T—'IT'T'T'T'T-1T'T'T'T'1-1'T'T'T' Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. �� pipes 1 iI! , ui � "11Y U Yrr r II fPI iul I�ul iM ia11/ JI�G rL ''w°Ir lar "k' ' `1 Ay�iYi�+n%W4 ilNawl 1 I0oI. lw�J ul20N I 1 U i oN�N11"18 tl�, 11,� l r U yi m Ir !�1 h9� yI U) 11 /J ° a l wN � adE 0 o /I ,/ I " � / J 0 `•� I V •,!,. � A�rp Io. �.%. 7'7 „run u,r I'Llill II a II, � uYµIr I • � • G' �IIINV , r ol d1 N w 00 uU ^ 7/Kr�lu// // ), VV 11,0 � b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall be (25%) of the houses 1,800 s.f. , (35%) of the houses 2,000 s.f. , (40%) of the houses 2,200 s.f. , all lots backing Alanis 2,600 s.f measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with minimum 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes None 1h t ti its sss II1 ii, \ �� f�� ,1i k\ i$ )\)‘) )\\‘t\‘8‘1 ,,, 1, „h,?,,,,041 ,),A‘),, \‘01 11110 0' \100;11ciP1 10)('Iti 1(\II oil 0‘IY,l11.1,,Ii,j11,4,,g)d,,\,,W,,liojilq,,ii 1)if)), il,,, li\i\\i, 1111111111111111111i1111111i1111117111141(fOliitiii plirii'liliojill iHuoullilili;ili,,,,,/1!1,,,i11(.\oilloolir,,,,,t,), 1111111111111111 )(lifil l''11" [1 1111(riliiillij 10i .11111/614111111,1(11.411)111,)1)1 1°'"g1f1!0,Ifz!fiki(filliflf(f(IOlflliii)))iktIIIII Inr u li 11,(NOki(y;,111t{,,fl,"!01.11vIlliiiiiiti,)'11/:,1,111111111113111111 Noki � IA )r �r, illV�illV rl� 011111110111(111 ill q I �f m l ui II r mh p" , , ,,I 1� �� 111111111 �1I I r m � �n I �'n dIp VIVIVIVVV � 1 V IIIIIIIII Ip" III '" Ala11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 � �,l � w 1, �I' „rrlrr� ac'I r dll J I V oI lllmnllllmllliilll NI I .' "" 111111111111111 11110 N i a ��I � �^I, ... �� IAlivvisslivp�� 'I, o �.".. .. IIIIIIIIIII IIIIIIIIIII IYdIII 51Mg ,��wIllll 1 III VIV"IV'ro loom ma @ I'In � .02015 Westwood Professional SeMees,Inc. SURVEYOR'S NOTES I .. i�w - THOF SIS OF BEARING IS THE BASIS OF NARENING GRID NORTH.STATE PONE wvLIE r :ism, '9,MONUMEMW DNWW4 r °��WWD PS'.UNWISE NT3) ALL COORDINATES SHOWN ARE TEXAS STATE PLANE. ® -�- GENERAL ZONE 420 WD06'U.S.SURVEY FEET WITH A COMBINED SCALE FA TEXAS O NORTH CENTRAL77. 4 0, ...P.' o^ 7 TES 1) LOTS 1,THROUGH 9-R ARE TO BE OWNED BY THE CITY OF WYLIE AND MAINTAINED By THE GRAPHIC SCALE ' �BPO K U) liss so 0 60 120 2) LOT 5-x Is TO BE OWNED AND MAINTAINED BY THE CI>r WYLIE. a- .HPLPES, Ihi 3) SELLING A PORTION OF THIS ADDITION METES AND BOUNDS Is A VIOLATION OF CITY nu SUBJECT Iry SUBDNISON ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND TRACT WITHHOLDING OF NILITIES AND BUILDING CERTIFICATES. 5, V Iry INF STONEABROOK DRIVE VICINITY MAP WESTWVN05 MEADOWS PHASE 1 20 Book-8 Page-205 2 3 4 5 s T e 9 10 11 12 1e » 18 19 LEGEND 12k-MtL'A'N°D'T'OSTMTDCEI -F'D LOT 6X10.449S.F.DEDICATED PARK LAND TO THE CITY OF 1/2lRF 1/2"IRON reoo 2> WYLIE,MAINTAINED BY THE FAIT FAIT LNG ALLEY P.O.B. 5/8'CIRS 5/8`IRON ROD WITH N YELLOW PLASTIC CAP STAMPED'WES S SET \ EASEMENT 30I,PC DI ID15 1 EASEMENT1307.P OR u2115 FDA 15 EXISTING POINT BEGINNING P /� N89°56146"E 1186.70' VOLUME. FPueL 11020' 28 42X/- 292 115,97 11T.92 666,2 36174\ $-X } 29.29 1228,2I u/`GFS COLLIN TEXAS Tv TEXAS 102 „. 2,, _ 2,5.21. 10449s., --- T MAP RECORDS.COLLIN COUNTY,10 I W^ N89°56'46"E 29T.38 3 e N89°56'46'E 306.49 ry d 1 D.R.C.C.T. COLLIN COUNT,TEXAS �� ` 9sr m �\ /4 O° BUILDING LINE �° 116955.c 20�Th.� 6 w ADLER DRIVE h T•I��,PO �L83a N-o BEEKMAN DRIVE L49- /I ,, 2 3s�'{ 4589E �/ FW113.69 r11369 \ 4'S S89°000 a ~' 11T. 'DB 11T.82' Lsy 88°0008 W ontenonee ESln1.Wall ond eo- 4110. STREETTM DANCE 1 I r n / aN ! 9 Ir C'R h • 924933 �/ a l 18 m 2S 2 p T320 f ¢11, 19n J 5 m N 25co SOUARE T 2W 2 ,0 LL9T3 st 25 2 es ea, e _ 8502sf 0 s/E s. 0� 88475.f , 72 s, ¢N EASEMENT N89°1458E RaOW��I N89°1452"E 961452'W I� R¢!K5 �I 9.1452E RaWS �I N89°55'46'E W 1� N8T°5600'W OCR No DOCUMENT NUMBER 884 F.q N: h �O — 1 21.3T • 123.68' 1 -N81 T204002 W T 1 1 8912662T4 W �m 810UELNf 1 2� A 9 1O u[� �r.L,O UE s 219 o s.32aer er S 3 , 73445, 7485s.I. m,° T4a sr m 2 IO 13 fl n N IP T`� 1458E 1452E 589236 1 .0002E 452'wo 1 - m 8500 D 4°4904 o N 6'G4'W 1 N8T°1923'W I� R 5T29.58 2 0 e 23. ml 2 0 00a UE 1 0, 6 1 OUE20.00 L 481.T9 T"'1 4 �i2 sr T485sr 5• �r ��NUT32oorO 2Us.5 �� j o▪ ,DUE ,D'uE a 3251sr CB=502°56'18"W W m s ,n n - m�o EM &5oi 5ro n - 501sf. :6E3E65'W ryN89°,4'S2`E 589°14'S2"W Im N89°�452"E 14'S2'WIE s.E �123.68' T 12000' 1 �I e Ion 1 t4 125.68 00 N89214'521 r N86°5'20'W 1 120.00' 1m9265 14 rr 21 3 2120 O ,23.86' 1 55 E ]320sf s09320s5 I T251sr Lo 3 mT34°''S8'E N89°14▪552"E m9°54552"W 45 S89°,4'S2W i a • Eol? (5 I. nI °06'OT" p 1 12368' � 20.00?E 120.00' &50>s.f. s W I2 y 1 t 20.00' I IL IS EXISTING ALLEY 1' 1 1 1 z r e N89°14'S2"E • 221E 2 13 J Na8°03' B 6 o ON 67551s,f 3▪O�L me T450s.f. > T320.c5 ero ]320, I 122 T6' u� 115,„'W AS u°j.I ]25>s.f.O Z SB 1 O N89°1452E 14'S2"W I N891452E 589°14'522W N8529.'?' Im Q �, w / � -_ 3 121.538,E 123.68 �I 12000' o 0.00 CC oo m 8912368' 120.00 _ 8500s./. BSOOs1 9 I CC 2 012 • 23 0 °1 _' 14 ". 01 N8961 5 I^ OI sl g 3 s.t E50 m e 85 sr V15.00.E N84P5�W 1 n 3 22 m 121.5T8 E I� N89.1425 6582 1 O� S ORL I ,POO L 1283 2T.0T yI620.00.W 1 e 3.68 14'sz } L4o� one 8.601s.,E 64 B 1 1/,228 EXHIBIT C.1 e r 2 24 290 0a I .. � �z2.'z .. .3 es 1s.r ,,,,,IN HUDSON DRIVE; 1 / Nay° 5'W " OF °/% °256a\F NV Na,z 5W STONE RANCH 21.610UE�.f m m1 N89°,452E 61452W ��ry60.00 _88.32 - q y 1N 0-00 2 1 1 ,z3se' - III za a2 fee 18 " 9 138 RESIDENTIAL LOTS/5 H.O.A.LOTS 9 3z98sc aD 926E .6 0s.< 85 .. 2 38.II3 ACRES N89°'I 658E to 85 s.L 85 st _ 1208181 N 3 08 W I� 21 m� IW 0 or a5or2 13o�Ts 1 N 5 03"w 1m OUT OF THE N89°14 52"E 614'582"W 1 s 'I OUT 3.66 123. e as s. = 9524 " O _ 19 11� P aBi2o Oo• 1 1 Utility.Wall andE.C. DAVIDSON SURVEY,ABSTRACT NO.267 ro • as3acf, e oW�0 5s. E la WallMaintenance ESmt. IN THE 9 85 s, 6B52 �,Du6s6 �/ asolxAO 9 o1s-- a. assz� 6 00-00 22 .80 W 1 0 4°493s a� e CITY OF WYLIE,COLLIN COUNTY,TX } 111,69 y 1 589 9.03' 1.49' 1.5fi 84664' I I N88°2023 W i,22 P R=4°49'36 W INDCREST DRIVE • N89°1a s2E 1NB T1 1 N89°4'S2'E 23.68.w I� 0.00' - m m t23.68 68 L 229 95 ¢o_ OWNERS e, 03. CD-509.88 A 8 85o f 26 25 24 23 22 21 20 2°5559 W402 BLOOMFIELD HOMES L.P. 0 0 �"` _g esole asole- anss. esoae. o w 1 •1/,Rr 0 1050 E.HIGHWAY 7 7 4,SUITE 27 O,SOUTRLAE<E,TN/ONUS 76092 MATCH LINE 89°,45 �w a2 W 8660�.2 BS��• 8� 0 ,2006 3.ea2E 123.E r _9 amp 877-47 Fr7572 6a 3z 6 T1 s3 " 7 9°28 !\ 6000 0.32f 89-0' � f� 8.512s. sr Q ENGINEER/SURVEYOR } 850,s.f m W 550.63' 4, �J�_ O W' 589°14'S2' _ esols.r _ W�� m e Westwood 0 0 0 _ 8 J5 r . mm m 89°14'5"E 614'52'w 1 P€nlp ; MILFORD DRIVE - 580453 E 113 1 n<.,�,n.�,®o 123.88 23.60 a c �.« - _ .aura qee esicis MATCH LINE A . s.N�..m N.m 3 _�= naH<naH.< T o 'M twooepOCTOBER 18,2016 #0005137 .o2015 Westwood Professional o°°I 2e, , ° Cwve Tople Curve Table u°e mole uoe mole uoe Tn°Ie SURVEYOR'S NOTES .. ... carve M 9 Pali, Del, Ch.Be 9 Chord 9 a,ve M 9 Rod, Del,a cn°ra Be 9 n°,a 9 Live a L 9 Be 9 Live a L 9 Be 9 Live x L 9 Be 9 I) COORDINATESWYLIErain :iltmLw,5a 5 U CI J9.5 5000 09G'9 59" 5993549W Ji,9 C 4 590, 305 DD 0 0508 S06,J92E 5892 L1 14, De E 52, L. 21.67 542 37 6 w L37 35.5J 544 354S45.2,1'w SS OF BEARING S THE SYSTEM OF 833((CORSR96)NOEXAS NARTHPCENTRA ONE(4202). / °cal MO 88.USING RCITY OF S WYLLE GEODETIC CONTROL NETWORK MONUMENTS3 L- c2 n. w .za cu 235.62 50 DD 270 DO BB w .71 L3 ,4 5 3s76 54s 3s w al N A 5/e"Dw re ROUT ROD WITH YELLOW PLASTICIP ---- c3 4 CAP STAMPED WESTWOOD Ps UNLESS OTHER sE NOTED. ®° Z L02 O 7925 50.00 090 s9 44,549W J�2 cn 6505 242.99 9 a B9D 0J242eE 424 ,4,9 L 23 4.4 5 L 41 3° Nos 45 w 3) N COORDINATES SHOWN WU.N RE TEXAS Y FEET STATE A PLAN,NAD 3((CORSCALE96ac,oR OF N1.ORTH CENTRAL o � O CS 79]6 5000 0912534 N942627w 7,59 C18 220.35 280.00 0464338 0655303E 222.08 L6 1424 "4,40, L24 2213 04426,3E L42 7226 5o24nw GENERAL NOTES Poop H GRAPHIC SCALEleee C6 38. 38914 C20 261,S, 50.0C 2994t,r N475e 31 5022 v 14- L25 21.27 545 3535E L43 2500 569 1452 w 1) LOTS,R THROUGH 44R ARE TO BE OWNED BY THE CRY OF WYLIE AND MAINTAINED BY THE e II co so 0 60 ,20 CJ 41. 5586.4D 004 4 3 S031340w 413.02 C21 29.96 376.01 0043227 N3927 JE 29.95 LB 14.06 L26 34.40 N4392,50, L44 134.00 'ii `s, °�lb cs 375 Js 5561 a0 003 srz,6 N032439E 37568 c22 2w4, 305 99 948 s5„ sw 5D 56w 2525J L9 ,3.96 5,4,654E L27 4'.0 3TT 3o12w L45 6564 rv000o 00E 2) LOT5-Y IS TO BE OWNED AND MAm,AmED BY THE CIn wolf. °r. sueJECT TRACT C9 29008 284964 0044936 5025559W 2.. C23 212.20 255.00 0434043 56046,4 W 206.13 LI° ,430 N44'''E L. 4". S33 364o E Ln6 5248 N90'''S E 3) SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VITIATION OF CITYSUBD,ISION ORDINANCE MID STATE PLATTING STATUTES D IS SUBJECT TO FINES AND V J CIO 29216 2874.64 0044936 SOZ5559"W 242.09 C24 ,409., 25500' 031'4022" N52.1,311 1391T L„ ,4.,9 L29 20.7 7 L47 66.89 WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. wowo< V 611 24. 004 9W 29420 C25 213.71 305.00 0400899 069,027E 20937 L13 142 Lao 46-00 N 2442 N000a002 40". rE+ootinre:_��\\ ELx I a ai 2420 C26 252.46 200.00 05 393J N62,309[ 29399 C13 24_ 00 INF .45 L16 24 534 0346E L33 23.11 N32 O0o9 w L51 ,124 N00 0000 w u7 13.08 N61940.11, LYs 4.06 „ L53 45.11 N , VICINITY MAP MATCH LINE LEGEND RS IRON Rao WIT PLASTIC CAP 5/e"c -1 111.7 1 _ 5/BC �LaMPED IRON PS SET !0 P.O.B. PONT OF BEGINNING VOL.,PG. VOLUME.PACE P. o 8509,0 = T. COUNTY,TEXAS N89°,4'S2"E M.P.C.C.T. COUNTY.TEXAS '° OFFICIAL PUBLIC 12�' OUE� f _ e6� MEEDRRE RECORDS. CY]LLN COUNTY.TEXAS 0 9 o jNgyo 9 g52W — BL BULDNGCLNESC 6 8518s, R T 12 8' ,23 68 .. 6 a —_ UTILITY EASEMENT MATCHLINE D cV/ 5.0'_---8.... 56.50 ....00 —-_68 23.6 a w OE UTILITY T N892Tsa2 E o er. 2 o19r I- F 20 B2 m -- CHANGE as m 0 2765 "� 8 ml g5 g602'E se9Z,452"w ,O EASEMENT 85 13 3.68' T 20 19 /8 1] 16 15 14 13 UE� f I Ej m © es. n 8896s.f° 869 696s. 8 3 s.l.0 8 B6 8766s 850 L46 DOC.No. DOCUMENT NUMBER rv89°,452E 0 INTAINED BY THE 'r'' 5 30 z z z z U z z z H.O.U.AS PER PD AGREEMENT 121 66' Ilr 8501sL 85019E NI ORDINANCE 420 15-11 m r HHOU E W^ R _ 9°T4'S2 589°,4 66.50' 0 86.5a o _ _ B?76' O3 582fi ° _ LOi '.--- .''.4., -Ne 27 0, I. ,23.6, ,4 - Iry M o 851es T 5 6X,2368 1 - N w rc o I PARK C. Q N89°64'52"E N8 B4'S E ��' NeB°2V34'E N892,642E I LL IPi+ 4 - Al 5a2582 O Ls ,%L3o63 850144 Zi BLOOMFIELD HOMES LP '° r s.. DOC No. :O B m1C S `�-+ 58991452"v2 JOT of $ 2'w Nag°,a52E ,DR L43 o s1•mS LOT 2-X6,464 S.F.DEDICATED L,9 20160106000016330 r v, 85 r , Lt - 123.68 I 12687 ,2687 EN G o MAINTAINED BY O.P.RccT �� .. �� o 1 ORDINANCE '"0C L29 z -IN89° 2'E 9 g 32 j m 202 03 E cj586 / € � m 21'2 8591s.1. m o ,, 5 c 69 Z 2, D=5°01'22" �� 452' Im O =5830.00' _ ,5 0 89 58 E 589°1452 W N 9 2 5 s.L)\- 23.68 T 26.87'W =511.09 z 8513xt i ,O,,E1H.6 Hu _ ,O u[ 12Fie7,o'UEJ—.o R65� ,2 82 CD=510.92' ^Na9°,U'S2'E 'n 2 33 ��~ 23 26 16 Ts I\ CB=S01°59'31"E +2- eso>s r, 0os.r esoa c �1-1D UE �' .Yy�`"67 �� 4 9 4 5892,452W 648572W NB 'E t, 6 zryT", �y1S °C° ORO NANCE transll ENT 85 ,I . _ 1 3.68 15' INED BY THE 2. RSW 9 'VP �m�e 15 550 �50' 25 '' ''5 a `;'m po 2° S T49 e 10928sf, Ra. _ • N,R B S ?°. _ re.aw 24 s_\ sz'E 1 34 9 " L20 e 0 I 8 0 , N% OFO 9j ..E 2m'121.58' 921, 2a.z a L _ e� 'BL.o 8B08s.5 ��' ml.. L 1�l > i-� 'h f,' BO°OO IB_ .. m• �L ett3.68' 1,3.68 /h !\ „B.eV �"h '', J I G,' 11 TY,WA �N 8S13sf r. �\ } �, y },0054 C,3 C.8 5 L35 50 11 NWaI�lAalnlenanc 'LEEe Es 0 _ _ 297se' 2524, B.E... _ 65.04' 25 009 �o R e' EXHIBITG2 892,4'52', I N89°,4'S2'E 549. VIRGINIA LANE 562i� ,�11 I 14 2R OF ,.56 W I _ lsaaasr 0vFII— , 36.4�_ 958I.tip, 3,,, A Qo STONE RANCH 018 s — 2a'B.L. s°'R° _A..," s>g I �V 138 RESIDENTIAL LOTS/5 H.O.A.LOTS DANNY P.SELLERS n 85 r 0 I AND MAR/ON GE 5pE I° 3o 11� s3 D 1°s3'as" 35.773 ACRES SMALL , i 2 3 d 6 6 E 8 9 135 r 161 r a'iA , R-2000.00' DOC No.96-0104910 D1s a5ms e5D s. _�9 5 °. o s. szl LOgpF L 66.19' OUT OFTHE O.P.RCC T, n 9 I N m m m o 5 Co-66.18 E.C. DAVIDSON SURVEY,ABSTRACT NO.267 IN THE © CB=S03°3318"E 54-L2$ s"52 a 5.9 65.78 6ss9' 65.04 6s37 T Ba T6 � 5 T0229' °7N sao5 TE CITY OF VJYLIE,COLLIN COUNTY,TX a5.,7 45. 6 65 and x I,Vollnce one °o,enon o men, Wall Main,enonce Evsmt �45 R.G.S.DEDICATION 5/e"clas 88 wont Utility t ility Maintenance Earsass. z69 Access,an 544°39'50"W OWNERS 5/BTiRS. S89°41�34"W 149.94' S/8'c1,e5 M S89°33'57'W 986.13' S/8"CYRS 22.98' BLOOMFIELD HOMES L.P. ALANIS DRIVE 1050 E.HIGHWAY 114,SURE 21 0,SOUTH LAKE,TEw>_s 76092 817-416-1 572 \ ENGINEER/SURVEYOR 2 0 Q Est wood ¢ I 2 3 2 14 'w. STEWARD ADDITION JOSS AND NANETTE RESEBDIZ JAMES AND ALICE BLAKEY Tarr= weelesicl[ »mr.e.�,.UN M lost,.8,0081126010004110 VOL.3378,PG 427 BLAKEY ADDI ION NO.2 BLAKEY ADDITION NO.1 VOL,2390,PG 66 viov<vo novas,,�°n.,e nw..M,, RC T.INSTR 8320120530010001220 INSTR.800060427010001650 D. 0 ooepOCTOBER 18,2016 #0005137 w �� Wylie City Council Ppps AGENDA REPORT 'a yP 4+rv9Mka{ pr, kl.Pl MYYk fl'tl'�MA Meeting Date: January 10, 2017 Item Number: H (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: Date Prepared: January 5, 2017 Exhibits: Resolution; Ordinance Subject Consider, and act upon, Resolution No. 2017-01(R) of the City of Wylie, Texas; authorizing the City Manager to execute a five-year renewal of the Atmos Energy Corporation Franchise as adopted by Ordinance 2007-02 and providing for an effective date. Recommendation Motion to approve Resolution No. 2017-01(R) of the City of Wylie, Texas; authorizing the City Manager to execute a five-year renewal of the Atmos Energy Corporation Franchise as adopted by Ordinance 2007-02 and providing for an effective date. Discussion The current Franchise Agreement with Atmos Energy Corporation was approved in 2007. The terms of the Agreement is ten years with two five-year renewal options. The current Agreement was reviewed by the attorneys who represent Wylie as a part of our participation with the Atmos Steering Committee Cities. Our franchise fee is currently at 4% of gross revenues, paid quarterly. Per our attorney, our current agreement is generally up to date and defines gross revenues fairly broadly, applying the 4% factor to revenues from gas transportation through the city, a payment that some other utilities do not offer. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2017-01 (R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE- YEAR RENEWAL OF THE ATMOS ENERGY CORPORATION FRANCHISE AS ADOPTED BY ORDINANCE 2007-02 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 23rd 2007, the City Council approved Ordinance 2007-02 granting a franchise agreement to Atmos Energy Corporation; and WHEREAS, the term of the Agreement may be renewed for a period of five (5) years upon mutual written consent of the two parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. That the City Council does hereby authorize the City Manager of the City of WYLIE, Texas to execute, on behalf of the City Council of the City of WYLIE, Texas, a five-year renewal of the Atmos Energy Corporation Franchise as adopted by Ordinance 2007-02. SECTION 2. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 10th day of January 2017. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary ORDINANCE NO. 2007-02 AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION,A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF RIGHTS-OF- WAYS; AND PROVIDING FOR REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. GRANT OF AUTHORITY: 1.1 Permission. The City of Wylie, Texas, hereinafter called "City," hereby grants to Atmos Energy Corporation, its successors and assigns, hereinafter called "Atmos Energy," consent to use and occupy the surface and the space below any present and future streets, alleys, highways, public utility easements, public ways and other public places (the "Rights-of-Way" or "ROW"), for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and all other appurtenant equipment to deliver, transport, and distribute gas in, out of, and through City for persons, firms, and corporations, including all the general public, and to sell natural gas (hereinafter "gas" means "natural gas") to persons, firms, and corporations, including all the general public, within the City's corporate limits, as such limits may be amended from time to time during the term of this franchise (the "System"). This consent or grant does not grant to Atmos Energy the right, privilege or authority to engage in any other business within the City other than the provision of gas sales, transportation, distribution and the furnishing of gas to the City and its residents ("residents" meaning all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by Atmos Energy hereunder). 1.2 Non-Exclusive Use. This Ordinance (hereinafter referred to as "Agreement") does not provide Atmos Energy with exclusive use of the ROW, and City shall have the right to permit other providers of services to install equipment or devices in the ROW. Nothing in this Agreement shall be construed to obligate the City to grant Atmos Energy permission to use any particular facility, property, or right-of-way not covered by this Agreement. 1.3 No Priority. This Agreement does not establish any priority for the use of the ROW by Atmos Energy or by any present or future recipients of franchise agreements, easement holders or other permit holders. In the event of any dispute as to the priority of use of the Ordinance No.2007-02 Page 1 Atmos Franchise Agreement 466644.v2 ROW, the priority shall be determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 1.5 Compliance with Law. Atmos Energy shall be subject to and comply with all applicable and controlling local, state and federal laws, including the rules and regulations of any and all agencies thereof, whether presently in force or whether enacted or adopted at any time in the future. In constructing, maintaining and/or operating the System, Atmos Energy shall act in a good and workmanlike manner, observing high standards of engineering and workmanship and using materials of good and durable quality. In addition, Atmos Energy shall comply, in all respects, with applicable codes and industry standards. 1.6 In Lieu of Other Fees. It is expressly agreed that the payments provided for in Section 5 below shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), municipal license, permit, and inspection fees, bonds, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character that City may now impose or hereafter levy and collect from Atmos Energy or Atmos Energy's agents, excepting only the usual general or special ad valorem taxes that City is authorized to levy and impose upon real and personal property. If the City does not have the legal power to agree that such payments shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Atmos Energy's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges aforesaid. 1.7 Right of Condemnation Reserved. Nothing in this Agreement shall limit any right the City may have to acquire by eminent domain any real property of Atmos Energy. SECTION 2. CONSTRUCTION, MAINTENANCE, OPERATION & RELOCATION OF ATMOS ENERGY FACILITIES: 2.1 General Provisions. Atmos Energy shall lay, maintain, construct, operate, and replace its System to minimize interference with traffic, place or cause to be placed appropriate barriers to mark excavations or obstructions, and restore to substantially the same condition all Rights-of-Way that it may disturb. In determining the location of the facilities of the City and other users of Rights-of-Way within City, City shall minimize interference with then existing facilities of Atmos Energy and shall require other users of Rights-of-Way to minimize interference with existing facilities of Atmos Energy in accordance with City ordinances. In the event of a conflict between the location of the proposed facilities of Atmos Energy and the location of the existing facilities of City or other users of Rights-of-Way within Rights-of-Way that cannot otherwise be resolved, City or an authorized agent of City shall resolve the conflict and determine the location of the respective facilities within the Rights-of-Way. Ordinance No.2007-02 Page 2 Atmos Franchise Agreement 466644.v2 2.2 Relocation. When Atmos Energy is required by City to remove or relocate its mains, laterals, and other facilities to accommodate construction of streets, drainage facilities, alleys and other improvements by City, and Atmos Energy is eligible under federal, state, county, local or other programs for reimbursement of costs and expenses incurred by Atmos Energy as a result of such removal or relocation, and such reimbursement is required to be handled through City, Atmos Energy costs and expenses shall be included in any application by City for reimbursement, if Atmos Energy submits its cost and expense documentation to City prior to the filing of the application. City shall provide reasonable notice to Atmos Energy of the deadline for Atmos Energy to submit documentation of the costs and expenses of such relocation to City. If Atmos Energy is required by City to remove or relocate its mains, laterals, or other facilities for any reason other than the construction of streets, alleys, drainage systems or other improvements to the Public Rights-of-Way by City that are not primarily for beautification or the benefit of a third party, Atmos Energy shall be entitled to reimbursement from City or others of the cost and expense of such removal or relocation. When Atmos Energy is required to remove or relocate its mains, laterals or other facilities to accommodate construction by City without reimbursement from City, Atmos Energy shall have the right to seek recovery of relocation costs as provided for in applicable state and/or federal law. 2.3 Abandonment. If City abandons any Right-of-Way in which Atmos Energy has facilities, such abandonment shall be conditioned on Atmos Energy's right to maintain its use of the former Right-of-Way and on the obligation of the party to whom the Right-of-Way is abandoned to reimburse Atmos Energy for all removal or relocation expenses if Atmos Energy agrees to the removal or relocation of its facilities following abandonment of the Right-of-Way. If the party to whom the Right-of-Way is abandoned requests Atmos Energy to remove or relocate its facilities and Atmos Energy agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to another Right-of-Way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the third party requesting the relocation. The reservation of a utility easement of sufficient width to enable Atmos Energy's continued safe and efficient service in an abandonment of ROW by the City shall fulfill the City's obligation to condition the abandonment on Atmos Energy's right to continued use. The City's obligations in this paragraph shall not apply if the third party is a party with the right to condemn the City's Right-of-Way. 2.4 Easements. Any easements over or under property owned by City other than the Right— of-Way shall be separately negotiated with City, except that Atmos Energy may use general utility easements that are dedicated for compatible uses on property owned by City. 2.5 Right of Inspection. City shall have the right to inspect all construction, reconstruction, installation work and/or any other work performed by Atmos Energy and to make such tests as it deems necessary to ensure compliance with the terms of this Agreement, City ordinances, and any other local, state, or federal laws. Ordinance No.2007-02 Page 3 Atmos Franchise Agreement 466644.v2 2.6 Placement of Fixtures. Atmos Energy shall not place any part of the System or similar fixtures where the same will unduly interfere with any gas, electric, or telephone fixture, water hydrant or main, drainage facility or sanitary sewer, or other utility and all such improvements shall be placed in such manner as not to unreasonably interfere with the usual travel or use of the streets, public easements and Right(s)-of-Way. 2.7 Compliance with Railroad Commission Rules and Regulations. Atmos Energy must comply with all customer service rules and regulations, as they exist or may be amended and/or created, set by the Railroad Commission of Texas or an agency of the state regulating the activities of gas utilities in Texas. SECTION 3. INDEMNITY & INSURANCE: 3.1 INDEMNIFICATION. ATMOS ENERGY DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES(INCLUDING DEATH),CLAIMS,PROPERTY DAMAGES(INCLUDING LOSS OF USE), 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 ATMOS ENERGY, ITS AGENTS, OR ANY OTHER THIRD PARTIES FOR WHOM ATMOS ENERGY IS LEGALLY RESPONSIBLE, IN ITS/THEIR USE OR OCCUPANCY OF CITY'S RIGHT OF WAY. ATMOS ENERGY IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS(THE "JUDGMENT"),THEN ATMOS ENERGY IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE ATMOS ENERGY FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY ATMOS ENERGY THAT ARE ATTRIBUTABLE TO CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO ATMOS ENERGY WITHIN SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT. IN ITS SOLE REASONABLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ATMOS ENERGY 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 ATMOS ENERGY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ATMOS ENERGY'S Ordinance No.2007-02 Page 4 Atmos Franchise Agreement 466644.v2 OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ATMOS ENERGY 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 ATMOS ENERGY FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ATMOS ENERGY SHALL BE LIABLE FOR ACTUAL REASONABLE COSTS INCURRED BY CITY. THIS SECTION 3.1 SHALL APPLY TO ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT AND SURVIVE TERMINATION OF THIS AGREEMENT WITH RESPECT TO CLAIMS OR CAUSES OF ACTION ARISING DURING THE TERM OF THIS AGREEMENT. 3.2 Insurance. Atmos Energy may self-insure to the extent permitted by applicable law under any plan of self-insurance, maintained in accordance with sound accounting practices, against risks and obligations undertaken pursuant to this Agreement and shall not be required to maintain insurance; provided that Atmos Energy furnishes the City satisfactory evidence of the existence of an insurance reserve adequate for the risks covered by such plan of self-insurance. Atmos Energy shall provide the City with evidence of the form and basis for insurance coverage or self-insurance, as applicable, within thirty (30) days of the effective date of this Agreement. Should Atmos Energy elect to change the form or basis of insurance during the term of this Agreement, Atmos Energy shall notify the City. Atmos Energy shall provide documentation necessary for review by the City of the changed circumstances of Atmos Energy SECTION 4. RECORDS AND AUDITS: 4.1 Open Books and Records. Upon reasonable written notice to Atmos Energy and with no less than fifteen (15) days written notice to Atmos Energy, City shall have the right to inspect Atmos Energy's books and records pertaining to Atmos Energy's provision of service in the City at any time during normal business hours and on a non-disruptive basis, as are reasonably necessary to ensure compliance with the terms of this Agreement. Atmos Energy shall not be required to maintain any books and records for Agreement compliance purposes longer than three (3) years, except that any records relevant or related to an unresolved, ongoing dispute shall be maintained until final resolution of such dispute. Notwithstanding anything to the contrary set forth herein, Atmos Energy shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its or a division or affiliate's books and records not relating to the provision of service in the City. City agrees to treat any information disclosed by Atmos Energy as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof or as required by law. 4.2 Audit. The City, or its designee, may conduct an audit or other inquiry in relation to a payment made by Atmos Energy less than three (3) years before the commencement of such audit or inquiry. All records deemed by City or City's designee to be reasonably Ordinance No.2007-02 Page 5 Atmos Franchise Agreement 466644.v2 necessary for such audit shall be made available by Atmos Energy in a format deemed appropriate by the City or City's designee and at a location in the City or within the State of Texas. Atmos Energy agrees to give its full cooperation in any audit and shall provide complete responses to inquiries within fifteen(15)business days of a written request. A. City shall pay the costs of the audit. If the results of the audit indicate Atmos Energy underpaid the Franchise Fee by more than ten percent (10%), then Atmos Energy shall pay the costs of the audit. City agrees that any audit shall be performed in good faith. The calculations required by this paragraph shall be based on the payment period being audited. B. If the results of the audit indicate that Atmos Energy underpaid the Franchise Fee interest on the total amount of underpayment shall be paid in accordance with Section 5.10, and interest shall be calculated from the date the original amount was due. Any additional amount due to City hereunder shall be paid within thirty (30) days of confirmation of the underpayment by Atmos Energy. SECTION 5. PAYMENTS TO CITY: 5.1 Atmos Energy, its successors and assigns, agrees to pay and City agrees to accept, on or before the 45th day following the end of each quarter during the life of this Agreement except as stated in 5.C.(2) below, a sum of money which shall be equivalent to four percent (4%) of the Gross Revenues, as defined in 5.B below, received by Atmos Energy during the preceding calendar quarter (quarters shall end on March 31, June 30, September 30 and December 31 of each year) (the "Franchise Fee"). 5.2 "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by Atmos Energy from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (1) all revenues received by Atmos Energy from the sale of gas to all classes of customers (excluding gas sold to another gas utility in the City for resale to its customers within City)within the City; (2) all revenues received by Atmos Energy from the transportation of gas through the System of Atmos Energy within the City to customers located within the City (excluding any gas transported to another gas utility in City for resale to its customers within City); (3) the value of gas transported by Atmos Energy for transport customers through the System of Atmos Energy within the City ("Third Party Sales")(excluding the value of any gas transported to another gas utility in City that has a franchise with City for resale to its customers within City), with the value of such gas to be established by utilizing Atmos Energy's monthly Weighted Average Cost of Gas charged to industrial customers in the Mid-Tex division, as reasonably near the time as the transportation service is performed; and Ordinance No.2007-02 Page 6 Atmos Franchise Agreement 466644.v2 (4) "Gross revenues" shall also include: (a) other revenues derived from the following `miscellaneous charges': i. charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by Atmos Energy; and (c) gross receipts fees. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of Atmos Energy; (b) sales taxes; (c) any interest income earned by Atmos Energy; and (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's Rights-of-Way. 5.3 The initial payment for the rights and privileges herein provided shall be for the period January 1 through March 31, 2007, and each succeeding payment shall be for the quarter after which it is made. Notwithstanding 5.1. and 5.2. above, the following shall apply for CIAC: (1) The Franchise Fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e. from January 1 through December 31 of each calendar year. (2) The Franchise Fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. The initial CIAC Franchise Fee amount will be paid on or before April 30, 2007 and will be based on the calendar year January 1 through December 31, 2006. The final CIAC Franchise Fee amount under the original term of this Ordinance will be paid on or before April 30, 2017 and will be based on the calendar year January 1 through December 31, 2016. Such final date shall be subject to revision pursuant to Section 6.2 contained herein. 5.4 Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by Atmos Energy: (1) If Atmos Energy should at any time after the effective date of this Agreement agree to new municipal franchise ordinance, or amend or renew an existing municipal franchise ordinance, with another municipality in the Mid-Tex Division, as it exists on the effective date of this Agreement which municipal Ordinance No.2007-02 Page 7 Atmos Franchise Agreement 466644.v2 franchise ordinance determines the franchise fee owed to that municipality for the use of its Rights-of-Way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Agreement, then the franchise fee to be paid by Atmos Energy to City pursuant to this Agreement shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Section 5.4 apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. 5.5 Atmos Energy Franchise Fee Recovery Tariff. (1) Atmos Energy may file with the City a tariff or tariff amendment(s)to provide for the recovery of the Franchise Fees under this Agreement. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such Franchise Fees as part of Atmos Energy's rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Atmos Energy's Franchise Fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by Atmos Energy and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100%recovery of such Franchise Fees by Atmos Energy. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such Franchise Fees by Atmos Energy. (4) Nothing contained in this Section 5.5 shall be interpreted to alter or limit the City's ability to reject or oppose, before any governmental body, agency, court or other regulatory authority, any portion of an ordinance, rate, tariff, etc. that is not to recover the Franchise Fees. 5.6 Lease of Facilities Within City's Rights-of-Way. Atmos Energy shall have the right to lease, license or otherwise grant to a party other than Atmos Energy the use of its System within the City's Rights-of-Way provided: (i) Atmos Energy first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the System; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) Atmos Energy makes the franchise fee payment due on the revenues from such lease pursuant to Sections 5.1. and 5.2. of this Agreement. This authority to lease facilities within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees and Atmos Energy shall not lease, license or otherwise grant to a third party the right to use any of the System unless a franchise agreement is in effect between the City and the third party. Ordinance No.2007-02 Page 8 Atmos Franchise Agreement 466644.v2 5.7 Statement of Gross Revenues. With each payment of compensation required herein, Atmos Energy shall furnish to the City a statement, executed by an authorized officer of Atmos Energy, or his or her designee, reflecting the total amount of gross revenues received, as defined herein,by Atmos Energy for the payment period. 5.8 Payment over Holidays. Should any payment due date required by this franchise fall on a weekend or declared bank holiday, payment shall be delivered to City no later than the close of business on the working day prior to any specifically required due date contained within this Agreement. 5.9 Failure to Pay Entire/Correct Franchise Fee(s). If either party discovers that Atmos Energy has failed to pay the entire or correct amount of compensation due, the correct amount shall be determined by the City, and the City shall be paid by Atmos Energy within thirty (30) calendar days of such determination. Any overpayment to the City through error or otherwise shall, at the option of the City, be refunded or offset against the next payment due from Atmos Energy. Acceptance by the City of any payment due under this Section shall not be deemed to be a waiver by the City of any breach of this Agreement, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. 5.10 Interest. Interest on late payments shall be calculated in accordance with the interest rate for customer deposits established by the PUC in accordance with Texas Utilities Code Section 183.003, as amended for the time period involved. If the requirement that interest be paid on customer deposits be removed from state law or be less than one percent(1 %),then the interest rate shall be five percent (5%). 5.11 Additional Fees/Taxes. Nothing in this Agreement shall be construed to prohibit the City from levying the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property. No such taxes paid by Atmos Energy to the City shall reduce the Franchise Fees payable to City hereunder. 5.12 Forfeiture/Default. (1) If Atmos Energy fails to comply with the material terms of this Agreement, after sixty (60) days written notice, then City may compel compliance by suit in any court of competent jurisdiction and if, upon final judgment being entered in favor of City, Atmos Energy still fails to comply with the terms of this Agreement and the final judgment, City may compel compliance under penalty of forfeiture hereof. (2) Atmos Energy further agrees that if for any reason Atmos Energy fails to pay the payments referenced in Section 5 of this Agreement within thirty (30) days following written notice from City that Atmos Energy has failed to make the payment, such failure shall be sufficient to permit City to terminate this Agreement without court action. Nothing herein shall be deemed as a waiver by Ordinance No. 2007-02 Page 9 Atmos Franchise Agreement 466644.v2 either party of any legal remedies available to it under a court or regulatory authority having jurisdiction. 5.13 Renegotiation. Should technological, market-driven, regulatory or similar changes occur in the natural gas industry, then either party may initiate the renegotiation of any provision of this Agreement. Should either party request a change to a provision of this Agreement, both parties agree to enter into a good faith negotiation. "Good Faith", for the purpose of this Agreement, shall mean an objective, diligent, timely and responsible discourse on the issue(s) involved and a resolute attempt to settle the issue(s). Should, as a result of renegotiation, City and Atmos Energy agree to a change in a provision of this Agreement, the change shall become effective immediately upon passage of an Ordinance by the City Council and execution of the amendment by Atmos Energy, which must be completed by both parties if agreement was reached following renegotiation. Atmos Energy agrees to provide any and all information reasonably requested (except that which is deemed proprietary by a court of competent jurisdiction) by City to assist in a determination of any changes in conditions, practices and/or services provided by Atmos Energy through the use of the Right-of-Way of City. SECTION 6. ACCEPTANCE AND TERM OF FRANCHISE: 6.1 Acceptance. In order to accept this Agreement, Atmos Energy must file with the City Secretary its written acceptance of this Agreement in the form attached hereto as Exhibit "A" within sixty (60) days after its final passage and approval by City. If such written acceptance of this Agreement is not filed by Atmos Energy, the Agreement shall be rendered null and void. 6.2 Term. The term of the Agreement granted herein shall be for ten (10) years from the approval date unless earlier terminated by either party in accordance with the provisions herein. Upon mutual written agreement of the parties, the term of this Agreement may be renewed for two (2) additional terms of five (5) years on the same terms and conditions as set forth herein or as negotiated by the parties hereto. SECTION 7. MISCELLANEOUS: 7.1 Amendment Of Franchise Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties. 7.2 Governing Law. The laws of the State of Texas, the City Charter and City ordinances, rules and regulations shall govern the interpretation validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin, Dallas and Rockwall Counties, Texas. 7.3 Force Majeure. In the event that the performance by either party of any of its obligations or undertakings hereunder shall be interrupted or delayed by an act of god or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then such party shall be Ordinance No. 2007-02 Page 10 Atmos Franchise Agreement 466644.v2 excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. 7.4 Successors and Assigns. This Agreement is not assignable except to an Affiliate of Atmos Energy without the prior written consent of the City, unless otherwise provided herein, in which case this Agreement shall be binding upon the successors and assigns of the parties hereto. For the purposes of this provision, an Affiliate is defined as any entity controlling, controlled by or under common control with Atmos Energy. 7.5 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of his Agreement. 7.6 Representations and Warranties. Each of the parties to this Agreement represent and warrant that at the time of signing of this Agreement it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 7.7 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein. 7.8 No Third Party Beneficiaries. This Agreement is for the benefit of Atmos Energy, and the City, and not for the benefit of any third party. No provision of this Agreement shall be construed as creating any third party beneficiaries. 7.9 Repealing Clause. When this Agreement becomes effective, all previous ordinances of City granting franchises for gas delivery purposes that were held by Atmos Energy or one of its predecessors in interest shall be automatically canceled and annulled, and shall be of no further force and effect, except that the provisions regarding franchise fee payments may still be enforced for any amounts owed to City but still unpaid by Atmos Energy. 7.10 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. City 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. 7.11 Public Meeting. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted, all as required by law. Ordinance No.2007-02 Page 11 Atmos Franchise Agreement 466644.v2 7.12 Sovereign Immunity. The parties hereto agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7.13 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to 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 Agreement are for the convenience of the parties and are not intended to be used in construing this document. 7.14 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 7.15 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. SECTION 8. CITY'S RIGHT TO BID ON SYSTEM: City's Right to Bid on System. In the event Atmos Energy should offer its System, or any part thereof, within the City for sale, Atmos Energy agrees to give written notice of said proposed sale to City. City shall have the same amount of time as other interested parties, or seven (7) days, whichever is greater, from the receipt of said notice to submit a bid to the Atmos Energy for the System, or any part thereof. Atmos Energy agrees to timely provide information to City necessary to prepare a competitive bid. Atmos Energy agrees to consider City's bid equally with all other bids. SECTION 9. EFFECTIVE DATE: If Atmos Energy accepts this ordinance, it becomes effective as of February 22, 2007. DULY PASSED AND APPROVED on this the 23rd day of January, 2007. ATTEST: N :f f`CITY OF WYLIE, TEXAS jete-tg - . Carole Ehrlic , City Secretary s, •.,,° °° ``�'Iay John ondy E,rExP‘,%`` Date of publication in The Wylie News—January 31, 2007 Ordinance No.2007-02 Page 12 Atmos Franchise Agreement 466644.v2 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledges to me he is the duly authorized representative for the CITY OF WYLIE and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of January, 2007. /At, Notary Pu lic in a2d for the State of Texas My Commission Expires: �ie//6,4 r�CCC'5 I %/'r 6AYLE WALTON ` -�L- My eGAYIE uion Expo« ."„- 4 �7�^�, Jt$y 16,2OO9 Ordinance No.2007-02 Page 13 Atmos Franchise Agreement 466644.v2 EXHIBIT "A" STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, there was finally passed and approved on January 23, 2007, Ordinance No. 2007-02 granting to Atmos Energy Corporation, its successors and assigns, a franchise to furnish and supply gas to the general public in the City of Wylie, Collin County, Texas, for the transporting, delivery, sale and distribution of gas in, out of and through said municipality for all purposes, which is recorded in the Minutes of the City Council of said City; and WHEREAS, Section 6.1 of said ordinance provides as follows: " 6.1 Acceptance. In order to accept this Agreement, Atmos Energy must file with the City Secretary its written acceptance of this Agreement in the form attached hereto as Exhibit "A" within sixty (60) days after its final passage and approval by City. If such written acceptance of this Agreement is not filed by Atmos Energy, the Agreement shall be rendered null and void." AND, WHEREAS, it is the desire of Atmos Energy Corporation, the holder of the rights, privileges and grants under the aforesaid franchise ordinance, to comply with the above-quoted provisions of Section 6.1 thereof. NOW, THEREFORE, Atmos Energy Corporation, acting by and through its duly authorized officers, does hereby agree to and accept the franchise granted to it by the above- described ordinance, in accordance with its terms, provisions, conditions and requirements and subject to the stipulations and agreements therein contained.WITNESS THE EXECUTION HEREOF, on this the 2 day of Ft.-6,. *4,7- , 2007. Atmos Energy Corporation Vice President, • - Division Ordinance No. 2007-02 Page 14 Atmos Franchise Agreement 466644.v2 STATE OF TEXAS § COUNTY OF COLLIN § I, Carole Ehrlich, City Secretary of the City of Wylie, Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on January 23, 2007, and of record in the Minutes of the City; and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said franchise ordinance. OF WHICH, witness my official signature and the seal of said City on this the 23rd day of January, 2007. y0 F• • ole Ehrlich, ity Secretary �,,��iEfli�XPs • ity of Wylie, Texas Ordinance No.2007-02 Page 15 Atmos Franchise Agreement 466644.v2 X C&S Media, Inc. "QGhe jfarmersbil[e Tlmeg •Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS STATE OF TEXAS C - q, l COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinance No. 2007-02 was published in said newspaper on the following dates, to-wit: January 31, 2007. Chad Engbrock, Publisher Subscribed and sworn before me on this,the -� day of _J(Li 1111..-Cu L. , 2007 to certify which witness my hand and seal of office. ....„,Ase MARY SWANK +.. Notary Public,State of Texas ,.1 My Commission Expires / nay �� p �'-'Eo, ;` September 22,2010 , ti✓ l LSt I, i l L/N t, ...Ai+�p p ll nnw�a Notary Public in and for The State of Texas d —Z a — ,,2_0 fa My commission expires Murphy/Sachse/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318 Farmersville/Princeton Office•101 S.Main•P.O.Box 512•Farmersville,TX 75442.972-784-6397•fax 972-782-7023 X C&S Media, Inc. . The J'arinergbilte Limes rMurphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS STATE OF TEXAS CiLY j COUNTY OF COLLIN g '� Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinance No. 2007-02 was published in said newspaper on the following dates, to-wit: January 31, 2007 C#0 Chad Engbrock, Publisher Subscribed and sworn before me on this, the I ` .14‘ day of ill (t r c_VI , 2007 to certify which witness my hand and seal of office. 1/4Ptid e4L L1112Notar Public in and for The State of Texas ,„ .V114.'. MARY SWANK 4 Notary Public,State of Texas ,1, My Commission Expires 9 Q/C� °"'Fa��E,, September 22,2010 My commission expires - `� a RECEIVED1 MAR13 G7 F IN Murphy/Sachse/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318 Farmersville/Princeton Office•101 S.Main•P.O.Box 512•Famersville,TX 75442.972-784-6397•fax 972-782-7023 ORDINANCE NO. I 2007-02 AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORA- TION, A TEXAS AND VIRGINIA CORPORA- TION, ITS SUCCESSORS AND ASSIGNS,A FRAN- CHISE TO CONSTRUCT, MAINTAIN, AND OPER- ATE PIPELINES AND EQUIPMENT IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF RIGHTS-OF=WAYS1 AND PROVIDINFOI1 REPEALING AND SEV- ERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. ' John Mondy,Mayor AIThST: Carole Ehrlich,City Secretary 37-1t-337-39li Wylie City Council AGENDA REPORT 'a �y�P 4+rv9Mka{ pr, �kI.P MYYk fl'tlkM,' Meeting Date: January 10, 2017 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 19, 2016 Budgeted Amount: Exhibits: Subject Tabled from 12-13-2016 Remove from table and consider Consider and act upon a request to provide alternative roofing options to the current cedar shingle roof located at 301 N Ballard Avenue, for City of Wylie Brown House. Recommendation Tabled from 12-13-2016 Remove from table and consider Motion to approve Grand Manor by CertainTeed as an alternative roofing option to the current cedar shingle roof located at 301 N Ballard Avenue, for City of Wylie Brown House. Discussion OWNER: City of Wylie APPLICANT: Robert Diaz This item was tabled in order to allow council members an opportunity to visit existing structures with the proposed roof shingles. The subject property suffered major damage to the roof during the April 11, 2016 hail storm. The Brown House is a City owned recreation facility. The Applicant is seeking alternative roofing options to the current cedar shingle roof. The current roof only has the cedar shingles and no plywood decking under the shingle. Therefore in addition to the extensive roof damage there was also interior damage after the roof failed and hail/water entered the building. Alternatives to the cedar shingle would be a Grand Manor by CertainTeed in a gray/slate color. The product is a fiber glass base shingle with randomly applied tabs and authentic depth and dimensions of natural slate. In accordance with Section 3.4. F. 7. a, all single family residential units shall have architectural grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. HRC DISCUSSION: The Commission discussed with staff the various options and color. The preference was to go with a neutral color. The Commission voted 6-0 to recommend approval to the City Council. (Rev 01/2014) Page 1 of 1 10 , , . - I ,. r I:, ..ili r .01= :.., :" R . _ ,,` ' o _ ` III of , I ,o 1 m ® n . gill 11 nF mood: ,1111111 . . „-, , ' NI , , li '�L s / , ,. iII d i ii, 1 , ,. , . 11111111 ,1 . , .. .. It _ , : 11 \\..,\. _. _ '., : ':,, -:,, 411_ 11111111 V \ . tal, 1„, -' . i 1 II , .., . . It, : ,,, , Ill\ii L II \ ., • lirk' \ il-k- 1\Oh . 1111111 . '•-*4 1ill �� iii% \ iill 'i41„ fl' . il, i, „,,,,, ., , ,. „.., ..., 1,1 il 1. „ \ 'ilik‘\ \ , pi k ki \ _ , 114 ,,„! e ' , \ . -_A LUXURY SHINGLES . IA Color Availability t.111.:isti.HM:": „, ,aiack r-e ri WM NI IS , - - F 7"' EfQVJf15#4°74' 4 Q 4 ±'4 Lill .1 ii Colonial Slate RIM - E Shnwn in Brow tone __. _..... 4111111111111111111 Q_)RAND IN A ( )Jj) Gatehouse Slate • Two full-size, fiber glass base shingles with randomly applied tabs • Authentic depth and dimension of natural slate • Virtual five-layer coverage when applied Georgian Brick • 425 lbs. per square • Lifetime limited transferable warranty-residential* • 50-year limited transferable warranty-group-owned or commercial' - � • 15-year StreakFlghter algae-resistance warranty -- A. r —_ _,tom_._ • 10-year SureStart' protection Sherwood Forest • 15-year 110 mph wind-resistance warranty • Wind warranty upgrade to 130 mph available. _ CertainTeed starter and CertainTeed hip and ridge required • High-Performance Starter and hip and ridge accessory available 'O # (see details in back of brochure) illisr-POIM-irsAthiliF *See warranty for specific details and limitations. Storregai ' ay Lim CertainTeed products are tested to ensure the highest quality and comply with the following industry standards: Fire_dram, • UL Class A 1 Rill • UL certified to meet ASTM D301 B Type 1 errs Co : Wind Resistance: • UL certified to meet ASTM DB018 Type 1 m 1 • ASTM D31 B1 Class F _ • Tear Resistance: r�ii ! !cur nk— • UL certified to meet ASTM D3462 • CSA standard A123.5 Impact Resistance: t • UL2218 Class 2 i _, Wind Driven Rain Resistance: 1 • Miami-Dade Product Control Acceptance:Please reference www.certalnteed.com to determ°re approved products by manufacturing location. Weathered Wood `' Quality Standards: • IOC-ES-ESA-1389 3 , . • _ -. • . .-.. (7.1'....;•--5•. „_. ••., ,-• ,,L„.., ,, .„...:,.J, F . Ca th 0 - 4o- Aillif' ' IV I . , .:,..• ..,. . _ .= ......., G. -=-.....--1_,-.,„.•E,-7 ..:-: -;:-,',: W e IL imm4D3 NI". • , .1 .. ',i'-'2 :g cf:;:175 11 . - ...,7, ,,.._•_-. :-.; .,.E. , i—c U) 111111: ti) 'IC '1E. 7:0 L'. , • •ll . 1 i.'''',. 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I .. .-,2,,, ,J.::! ..-,,,1-1: ,„q14,. 4, , . :,--„,r_Pi.:.4 :41, ‘f.321 '. • •'I Wylie City Council AGENDA REPORT 'a �y�P 4+rv9Mka{ pr, �kI.P MYYk fl'tlOp,' Meeting Date: January 10, 2017 Item Number: 2. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 20, 2016 Budgeted Amount: Exhibits: 3 Subject Hold the 1st Public Hearing for the annexation of approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line. 2017-01A Recommendation Conduct Public Hearing only.No action is necessary. Discussion This annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. Area is approximately .6 miles of asphalt paving (1.35 acres). Dallas County will perform the following upgrades: 3" asphalt overlay (1" level up and finished with 2" mat), and additional maintenance in the 2800 block of Sachse Road on the east and west bound lanes and in the eastbound lane adjacent to Woodbridge Phase 16 housing development. It is the county's hope to have the roadwork completed prior to the Annexation adoption date of February 14, 2017. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and/or emergency services within these rights-of-way. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 28, 2016 and January 11, 2017 First Public Hearing January 10, 2017 Second Public Hearing January 24, 2017 Adoption of Ordinance February 14, 2017 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 1 EXHIBIT "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA Orphan Road ANNEXATION ORDINANCE NO.: 2017-XX DATE OF ANNEXATION ORDINANCE: XX-XX-XXXX MILES ANNEXED: .6 miles (1.35 acres) SURVEY, ABSTRACT & COUNTY: Public Street Right-of-Way for approximately .6 mile segment of Sachse Road from Muddy Creek to the Dallas/Collin County Line. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area EXHIBIT "B" the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "B" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. EXHIBIT "B" 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years EXHIBIT "B" from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. 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'� II°, u' a' Nuu�IIII i'IIII^, „„ „Pl„ 'Ili N" ^q,,„„,, ;IVIII ...IIIII „ 111141'i mm i1l� IIIYI0IIr„ym„III m�I,II „III"1 V,m ww u,,, iv q� '.I„ „u��,a„"j,,, u'I„; „ , LOCATION MAP 2017-01A �I ry MIKE CANTRELL Dallas County Commissioner District 2 November 8, 2016 Tim Porter, P.E., CFM City Engineer City of Wylie 300 Country Club Road Wylie, Texas 75098 Re: Sachse Road Annexation-Muddy Creek to Dallas/Collin County line Dear Mr. Porter, This letter is to confirm communication between Dallas County Public Works, Dallas County Road and Bridge District 2 and the City of Wylie regarding the annexation of Sachse Road from Muddy Creek to the Dallas/Collin County line. Dallas County is requesting that the City of Wylie annex the above-noted section of roadway. The County is proposing to perform the following upgrades: 3" asphalt overlay (I" level up and finished with 2" mat). Prior to this, we will address the 3 areas shown in the attached photos with additional maintenance. This process will help with the uncertain sub-grade area. These combined areas are approximately 300' in length. Two are in the 2800 block on the East and Westbound lanes. The third is in the Eastbound lane adjacent to the Woodbridge housing development. Noting your schedule date of February 4, 2017 for City of Wylie annexation process completion, we would hope to accomplish the roadwork as soon as possible prior to that date, contingent upon equipment availability, manpower and weather conditions. Dallas County prides itself in its ability to successfully collaborate and partner with the various cities in the County in providing transportation improvements that will benefit all of its citizens. We value each of these relationships and strive to reach amicable resolutions to any differences which may arise through cooperation and thoughtful discourse. If you have any questions, please feel free to contact me. Res hilly, Mike Cantrell District Office: 1701 N.Collins,Suite 1000,Richardson,Texas 75080 214-589-7060 Administration Office: 411 Elm Street,Suite 250,Dallas,Texas 75202 214-962-5799(fax) Attachment November 8, 2016 Mr. Tim Porter tl MlIPIw �. a�XX I `YI14JR�VAXW;7I MW I '. a 10I�ul ;, tHiiiwlg I ,;i4n q wl , Y I 171111 u nI iIWw�V I4µiN V ' ll Y 'll W ill PI SW!I ul N v m 'AN,,, III I l�'d ywbm rid I;IIwY��llu1 l'J ll9i blj(//'Y II 11 I0II vVY17X1. !VMJ ( pP!i V1 Iq y YNv�ixxlulnu i1Nl!nwa I'IJYuy �Imyl' ' ;i I'JI III IIFeY�l, lnw"'� Aida Vw llr� M11fl VN W'(v:l IIY�I'°YIllfll(III"�M1�lI I,II II 11' , !M I,��°y Ip 4 4 1 Ilry"lur r llgll it I .,', I I IhNI y l Iu" Id� Im II II Y;II y Iry w iRll�,l ! i• I al AI w6 I ! irvll III')IliluVll'Y yl �I(II II r ;.;I IrV,,NI r 11 I, it III Y Y ,,�„II,,,�d1Y tl l (., I III � I1 II Ili a,V " IV�iY Irw w oq d r h', rP • ulI JI ll pW II Yyd'l'V,�xVN^Vxl^rvlVW�rW 1p,N Ip V vll1 II l ^'VV "w IV IIpdV NNI,• rlIx it/ uu W� M°uxl' pu MI ndRIl�: „juV w N 41w 'In wig IluM I n II' w 7 N 1NXy I i(I"!l l l lm 'w w1,, gh�vI gtl I 7aylMN u lu'N.� l ° 1,•;,, I, V'111n dIo n l II' r rv��M v,il l pfl;l ly�l V'I l Ip Im iN lew,,lll re m I4 IwytltiM Y y ° d Y,^ Iw r,Yi ifo 1 I IPo, i 6y4'',r� I dr rvI . 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