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06-12-2018 (City Council) Agenda Packet Wylie City Council CITYOF WYLIE NOTICE OF MEETING Regular Meeting Agenda June 12, 2018 — 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 Matthew Porter Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T. Wallis, DVM Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Stephanie Storm 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 • Junior Mayor Spencer Mancini • Employee Milestone Anniversary June 12,2018 Wylie City Council Regular Meeting Agenda Page 2 of 4 • 2017 Achievement of Excellence in Libraries Award • Presentation of a gift to the City of Wylie by Bud Johnson 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 May 22, 2018 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, Resolution No. 2018-23(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement between the North Texas Municipal Water District, the City of Murphy, and the City of Wylie for addition of the Maxwell Creek Meter Station to the Muddy Creek Wastewater Interceptor system. (C. Hoisted, Asst. City Manager) C. Consider, and act upon, approval of a Preliminary Plat for Birmingham Bluffs, establishing 60 single family residential lots, four open space lots, and one Public Park on 18.402 acres, generally located on the northwest corner of Westgate Way and Brown Street. (R. 011ie, Development Services Director) D. Consider,and act upon,approval of a Preliminary Plat for Block A,Lot 1 of Auto Tire Shop, creating one commercial lot on 4.14 acres, generally located on State Highway 78 approximately 800 feet west of the intersection of SH 78 and Kreymer Lane. (R. 011ie, Development Services Director) REGULAR AGENDA Interview of Board of Ethics Applicants • Peter McCann • David Perryman • Stephen Sanders • Anthony Taylor • Shareem Taylor 1. Consider, and act upon, appointments to fill the Board of Ethics vacancies for a term to begin July 1,2018 and end June 30,2020. (S. Storm, City Secretary) Executive Summary Per Ordinance No. 2014-19,prospective Board of Ethics applicants shall be interviewed by the entire City Council. June 12,2018 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Hold a Public Hearing and consider, and act upon, a Change in zoning from Agricultural (AG/30) to Heavy Industrial (HI), property generally located at the intersection of Lynda Lane and Forrest Ross Road.ZC2018-07. (R. 011ie, Development Services Director) Executive Summary The applicant is requesting to rezone 4.134 acres of unplatted land from Agricultural to Heavy Industrial. This rezoning request includes a preliminary plat exhibit for reference only and a Concept Plan for the development of a water operations center for the North Texas Municipal Water District. 3. Consider, and act upon, the recommendations of the 2018 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1,2018 and end June 30,2020/21. (S. Storm, City Secretary) Executive Summary Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function,duties,accountability,and the tenure of each board,commission,and committee. 4. Consider, and act upon,Ordinance No.2018-19 amending Ordinance No. 2017-26(2017- 2018 Budget)in the amount of$93,000.00 for proposed budget amendments for fiscal year 2017-2018; providing for repealing,savings and severability clauses; and providing an effective date of this ordinance. (B. Parker, Fire Chief) Executive Summary Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included the construction of several four story buildings with the most recent being Holiday Inn. A remodel for Fire Station 2 is needed for the following three reasons. The first is to add on a longer apparatus bay to accommodate a new 109' aerial apparatus. The second is to address the station sleeping dorm arrangement to accommodate mixed gender. And finally,to create a station fitness area to reduce the direct inhalation of diesel exhaust fumes. The National Institute for Occupational Safety and Health (NIOSH) have determined that reducing firefighter's exposure to continued inhalation of diesel exhaust fumes can reduce cancer exposures. 5. Consider, and act upon, the award of a Professional Services Project Order (PSPO) #W2018-75-E for Design Services-Fire Station 2 Remodel to McCarthy Architecture in the amount of $93,000.00 and authorizing the City Manager to execute any necessary documents. (B. Parker, Fire Chief) Executive Summary Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included the construction of several four story buildings with the most recent being Holiday Inn. A remodel for Fire Station 2 is needed for the following three reasons. The first is to add on a longer apparatus bay to accommodate a new 109' aerial apparatus. The second is to address the station sleeping dorm arrangement to accommodate mixed gender. And finally,to create a station fitness area to reduce the direct inhalation of diesel exhaust fumes. The National Institute for Occupational Safety and Health (NIOSH) have determined that reducing firefighter's exposure to continued inhalation of diesel exhaust fumes can reduce cancer exposures. June 12,2018 Wylie City Council Regular Meeting Agenda Page 4 of 4 6. Consider, and act upon, Ordinance No. 2018-20 amending Ordinance No. 2017-26 (2017- 2018 Budget) in the amount of $1,300,000.00 for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (B. Parker, Fire Chief) Executive Summary Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included the construction of several four story buildings with the most recent being Holiday Inn. The continued growth has created the need for a quint with a longer aerial ladder. The new quint will have a 109' ladder which will allow the fire department to access existing and new apartment and commercial buildings. The new quint is a replacement for Unit 116, which is 11 years old and will be housed at Fire Station 2. Unit 116 will move to reserve status. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • FY 2018-2019 Budget Discussion and Overview. (M. Beard, Finance Director) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. CERTIFICATION I certi that this Notice of Meeting was posted on June 8, 2018 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. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE q Minutes Regular Meeting Tuesday, May 22, 2018—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road,Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor pro tern Keith Stephens called the meeting to order at 6:00 p.m. City Secretary Stephanie Storm took roll call with the following City Council members present: Councilman David Dahl, Councilman Jeff Forrester, Councilwoman Candy Arrington, Councilman Matthew Porter, and Councilman Timothy Wallis. Mayor Eric Hogue was absent. Staff present included: City Manager Mindy Manson;Assistant City Manager Chris Holsted; Police Chief Anthony Henderson; Fire Chief Brent Parker; Senior Planner Jasen Haskins; Public Works Director Tim Porter; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilman Porter led the Pledge of Allegiance. PRESENTATIONS 00 Wylie Way Students Mayor pro tern Stephens and Councilman Dahl presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the "Wylie Way Student." 00 National Safe Boating Week Mayor pro tern Keith Stephens read a proclamation declaring May 19 - May 25, 2018 as National Safe Boating Week in the City of Wylie. A member of the US Coast Guard Auxiliary Flotilla was in attendance to accept the proclamation. Minutes May 22,2018 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must 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. Madison Stowe addressed Council regarding safety in WISD schools. Patti Burns,Wylie citizen, addressed Council regarding property taxes. 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 May 8, 2018 Regular Meeting and May 15,2018 Special Called Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30,2018. (M. Beard, Finance Director) C. Consider,and place on file,the City of Wylie Monthly Investment Report for April 30,2018. (M. Beard, Finance Director) D. Consider, and act upon, approval of a Final Plat for Bozman Farm Estates Phase 7, establishing 195 single family residential lots and three open space lots on 77.37 acres, generally located south of Stone Road and east of Wildflower Lane. (R. 011ie, Development Services Director) E. Consider, and act upon, a vendor application for the Wylie ISD Council of PTA's "Back to the Future Back to School" event at Olde City Park on August 25, 2018. (R. Diaz, Parks & Recreation Director) F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of April 30,2018. (S. Satterwhite, WEDC Director) Councilman Porter requested that Consent Item D be removed from Consent and considered individually. Consensus of the Council was to remove Item D from Consent and consider individually. Council Action A motion was made by Councilman Dahl, seconded by Councilman Wallis, to approve A, B, C, E, and F of the Consent Agenda, and consider Item D individually. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. REGULAR AGENDA D. Consider, and act upon, approval of a Final Plat for Bozman Farm Estates Phase 7, establishing 195 single family residential lots and three open space lots on 77.37 acres, generally located south of Stone Road and east of Wildflower Lane. (R. 011ie, Development Services Director) Minutes May 22,2018 Wylie City Council Page 2 Councilman Porter expressed concerns with the traffic from Bozman Farms and the poor road conditions on Stone Road. Mayor pro tern Stephens clarified that that section of road is maintained by Collin County and a discussion would be needed with the County Commissioners. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington to approve Consent Agenda Item D. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 1. Hold a Public Hearing to consider, and act upon, a Final Plat for Woodbridge Centre Phase II, Lots 3, 4A and 4B, Block A; Being a Replat of Lots 3 and 4 Block A, establishing three lots on 3.576 acres. Generally located south of the intersection of FM 544 and Woodbridge Parkway(721 and 731 Woodbridge Parkway). (R. 011ie, Development Services Director) Staff Comments Senior Planner Jasen Haskins addressed Council stating the property totals 3.576 acres and the purpose of the replat is to reconfigure two lots into three lots for a planned development of self-storage on lot 3,retail on lot 4A, and for the existing parking to remain on lot 4B. Public Hearing Mayor pro tern Stephens opened the public hearing on Item 1 at 6:32 p.m. asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Mayor pro tern Stephens closed the public hearing at 6:33 p.m. Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Dahl,to approve a Final Plat for Woodbridge Centre Phase II, Lots 3, 4A and 4B, Block A; Being a Replat of Lots 3 and 4 Block A, establishing three lots on 3.576 acres. Generally located south of the intersection of FM 544 and Woodbridge Parkway(721 and 731 Woodbridge Parkway). A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 2. Hold a Public Hearing to consider, and act upon, a Final Plat for Railroad Industrial Park Addition, being a Replat of Lot 4R of the Railroad Industrial Park Addition, creating 2 lots on 3.014 acres, generally located on the northeast corner of SH 78 and Cooper Drive. (R. 011ie, Development Services Director) Staff Comments Senior Planner Jasen Haskins addressed Council stating the purpose of the replat is to take one lot and create two lots,lot 4RA and 4RB,to move forward plans for the development of Lot 4RB. Public Hearing Mayor pro tern Stephens opened the public hearing on Item 2 at 6:38 p.m. asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Minutes May 22,2018 Wylie City Council Page 3 Mayor pro tern Stephens closed the public hearing at 6:39 p.m. Council Action A motion was made by Councilman Wallis, seconded by Councilwoman Arrington, to approve a Final Plat for Railroad Industrial Park Addition, being a Replat of Lot 4R of the Railroad Industrial Park Addition, creating 2 lots on 3.014 acres, generally located on the northeast corner of SH 78 and Cooper Drive. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 3. Consider, and act upon, Resolution No. 2018-21(R) of the City Council of the City of Wylie, Texas, to approve the first modification to lease agreement #W2016-71-L with Morgan Buildings & Spas Incorporated in the estimated amount of $63,750.80 for the lease of a portable office building to house the City of Wylie Public Safety Communications Department; and authorizing the City Manager to sign any necessary documents. (G. Hayes, Purchasing Manager) Staff Comments Purchasing Manager Glenna Hayes addressed Council stating due to the design and construction timeline projected for the remodel of the Public Safety building, staff has negotiated an additional 14 month lease for housing for the Public Safety Communications Department and the Police Department (Item 4) at the existing rates, with an additional month-to-month clause at a discounted rate of 20% (to accommodate construction). Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Porter,to approve Resolution No. 2018-21(R) of the City Council of the City of Wylie, Texas, to approve the first modification to lease agreement #W2016-71-L with Morgan Buildings & Spas Incorporated in the estimated amount of $63,750.80 for the lease of a portable office building to house the City of Wylie Public Safety Communications Department; and authorizing the City Manager to sign any necessary documents. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 4. Consider, and act upon, Resolution No. 2018-22(R) of the City Council of the City of Wylie, Texas, to approve the first modification to lease agreement #W2016-73-L with Morgan Buildings & Spas Incorporated in the estimated amount of $93,600.00, for the lease of a portable office building to house the City of Wylie Police Department; and authorizing the City Manager to sign any necessary documents. (G. Hayes, Purchasing Manager) Council Action A motion was made by Councilman Porter, seconded by Councilwoman Arrington,to approve Resolution No. 2018-22(R) of the City Council of the City of Wylie, Texas, to approve the first modification to lease agreement #W2016-73-L with Morgan Buildings & Spas Incorporated in the estimated amount of $93,600.00, for the lease of a portable office building to house the City of Wylie Police Department; and authorizing the City Manager to sign any necessary documents. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. Minutes May 22,2018 Wylie City Council Page 4 ADJOURNMENT A motion was made by Councilman Dahl, seconded by Councilman Porter,to adjourn the meeting at 6:46 p.m. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes May 22,2018 Wylie City Council Page 5 f..- 1r,,, ir -----‘, ,t.,\ Wylie City Council - zt.. - . - AGENDA REPORT ,'„I.«n . Meeting Date: June 12, 2018 Item Number: B (City Secretary's Use Only) Department: City Manager Prepared By: Chris Hoisted Account Code: N/A Date Prepared: May 16, 2018 Budgeted Amount: N/A Exhibits: 3 Subject Consider, and act upon, Resolution No. 2018-23(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement between the North Texas Municipal Water District, the City of Murphy, and the City of Wylie for addition of the Maxwell Creek Meter Station to the Muddy Creek Wastewater Interceptor system. Recommendation Motion to approve Resolution No. 2018-23(R) authorizing the Mayor to execute an Interlocal Cooperation Agreement between the North Texas Municipal Water District, the City of Murphy, and the City of Wylie for the addition of the Maxwell Creek Meter Station to the Muddy Creek Wastewater Interceptor system. Discussion In 1998, the City of Wylie constructed a portion of the Muddy Creek Interceptor system when the Woodbridge development was under construction (See attached Muddy Creek Wastewater Interceptor System Contract — Exhibit B). These lines were constructed in anticipation of the new Muddy Creek Wastewater Treatment Plant generally located at the Pleasant Valley and Elm Grove Road intersection. In 2004, additional sections were constructed by the North Texas Municipal Water District (NTMWD) which connected the City of Murphy and the City of Wylie's systems to the new plant (see attached Muddy Creek Wastewater Interceptor System Contract - Exhibit A). Ownership of the previously constructed lines, was also conveyed to NTMWD establishing the Muddy Creek Wastewater Interceptor System. NTMWD conveyed the Maxwell Creek Trunk Sewer to the City of Murphy in 2017 per the terms of the Maxwell Creek Sewer contract. This section of sewer line connects the City of Murphy's system to the regional system and includes a meter to determine the amount of flow contributed. The attached Interlocal agreement transfers ownership of the meter station to NTMWD. The cost to maintain the meter station will be included in the Muddy Creek Interceptor operation cost and no budget impact is anticipated for FY18. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2018-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT, THE CITY OF MURPHY, AND THE CITY OF WYLIE FOR ADDITION OF THE MAXWELL CREEK METER STATION TO THE MUDDY CREEK WASTEWATER INTERCEPTOR SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the Interlocal Cooperation Agreement between the North Texas Municipal Water District, the City of Murphy, and the City of Wylie for addition of the Maxwell Creek Meter Station to the Muddy Creek Wastewater Interceptor System. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of June, 2018. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No.2018-23(R)Execute The Interlocal Cooperation Agreement Between The North Texas Municipal Water District,The City Of Murphy,And The City Of Wylie For Addition Of The Maxwell Creek Meter Station To The Muddy Creek Wastewater Interceptor System. 1 EXHIBIT "A" Interlocal Cooperation Agreement Resolution No.2018-23(R)Execute The Interlocal Cooperation Agreement Between The North Texas Municipal Water District,The City Of Murphy,And The City Of Wylie For Addition Of The Maxwell Creek Meter Station To The Muddy Creek Wastewater Interceptor System. 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN NORTH TEXAS MUNICIPAL WATER DISTRICT, CITY OF MURPHY, AND CITY OF WYLIE FOR ADDITION OF THE MAXWELL CREEK METER STATION TO THE MUDDY CREEK WASTEWATER INTERCEPTOR SYSTEM THIS AGREEMENT (the "Agreement") made and entered to by and between the North Texas Municipal Water District (the "District"), a conservation and reclamation district created under Article 16, Section 59, of the Texas Constitution, the City of Murphy, Texas ("Murphy"), a home-rule municipality and political subdivision of the State of Texas, and the City of Wylie, Texas ("Wylie"), a home-rule municipality and political subdivision of the State of Texas, also all each referred to as a"Party," or collectively, the "Parties." WITNESSETH: WHEREAS, the Interlocal Cooperation Act (the "Act"), codified as Chapter 791, Texas Government Code, authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; WHEREAS, the District, functioning under Article 16, Section 59 of the Texas Constitution, pursuant to Chapter 62, Acts of the 52nd Legislature of the State of Texas, Regulation Session, 1951, as amended, (the "District Act"), has the authority to provide and develop regional systems for wastewater treatment; WHEREAS, Murphy and Wylie each presently own, operate, and maintain their respective combined waterworks and sanitary sewer systems; WHEREAS, the District and Murphy entered into that certain North Texas Municipal Water District — City of Murphy Sanitary Sewer System Facilities Installment Sale Contract, dated May 26, 1994 (the "Sewer System Facilities Contract"), whereby the District agreed to finance the acquisition and construction of a sanitary sewage collection system for the benefit of Murphy, including the Maxwell Creek Meter Station (hereinafter defined); WHEREAS, pursuant to the Sewer System Facilities Contract, the District agreed to maintain ownership of and title to the sanitary sewage collection system until such time as the bonds issued therefore were paid in full, at which time ownership of and title to the facilities automatically conveyed to and vested in Murphy; WHEREAS, the bonds issued pursuant to the Sewer System Facilities Contract have been paid in full; WHEREAS, by letter dated May 12, 2017 from the District's Executive Director to the Murphy City Manager, included herein as Attachment A, the District confirmed the conveyance of ownership of the sanitary sewage collection system to Murphy effective October 1, 2017 (the "Conveyance Letter"); Maxwell Creek Meter Station Agreement 1 WHEREAS, in order to provide regional wastewater service in the general area of portions of the Trinity River within a watershed or drainage area including Muddy Creek, in Collin County, Texas, the District, Murphy, and Wylie entered into that certain Muddy Creek Regional Wastewater System Contract, dated May 27, 1999 (the "Regional Contract"); WHEREAS, in order to provide facilities to adequately transport wastewater from the Participants (hereinafter defined) to the District's Regional Wastewater System (as further defined herein), the District, Murphy, and Wylie entered into that certain Muddy Creek Wastewater Interceptor System Contract, dated May 27, 2004 (the "Interceptor System Contract"), included herein as Attachment B, for the purpose of acquiring, constructing, improving, operating, and maintaining a wastewater interceptor system (as further defined herein, the "Interceptor System"); WHEREAS, the Maxwell Creek Meter Station was constructed as part of the Interceptor System to connect Murphy to the Interceptor System and Regional Wastewater System; WHEREAS, the Maxwell Creek Meter Station is the only point of connection for Murphy and is used to quantify Murphy's wastewater flows into the Interceptor System and Regional Wastewater System; WHEREAS, pursuant to Section 3.06 of the Interceptor System Contract, the District shall furnish, install, operate, and maintain as part of the Interceptor System the necessary equipment and devices for measuring properly all wastewater to be discharged into the Interceptor System by each Participant, which it does for Murphy through the Maxwell Creek Meter Station; WHEREAS, the Parties agree the Maxwell Creek Meter Station should thus remain under the ownership and control of the District pursuant to Section 3.06 of the Interceptor System Contract; WHEREAS, the Conveyance Letter does not specifically address whether ownership of and title to the Maxwell Creek Meter Station was automatically conveyed to Murphy pursuant to the Sewer System Facilities Contract; WHEREAS, the Parties desire to clarify ownership, operation and maintenance, and financial obligations relating to the Maxwell Creek Meter Station; and WHEREAS, the District, Murphy, and Wylie are authorized to make and enter into this Agreement under the District Act, Chapter 30, Texas Water Code, as amended, and other applicable laws. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for good and adequate consideration, the adequacy and sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions hereinafter set forth, the District, Murphy, and Wylie mutually undertake, promise, and agree as follows: Maxwell Creek Meter Station Agreement 2 Section 1.01 DEFINED TERMS. Defined terms are as shown in the Recitals above and as listed in the Interceptor System Contract. Section 1.02. OWNERSHIP AND TITLE. To the extent it was conveyed by the Conveyance Letter, the Parties hereby agree that the District maintains ownership and control over the Maxwell Creek Meter Station as part of the Interceptor System for the benefit of the Participants hereto and of the Interceptor System Contract. No payment is required to be made by the District to the Participants for such ownership and control of the Maxwell Creek Meter Station as part of the Interceptor System. Section 1.03. POINT OF ENTRY. The Maxwell Creek Meter Station is hereby designated Murphy's Point of Entry into the Interceptor System and the Regional Wastewater System. Section 1.04. RIGHT OF ENTRY. The District agrees to provide the Participants the right of entry and access to the Maxwell Creek Meter Station at all reasonable times for inspection and examination and for any other purpose reasonably related to the provision of regional wastewater service including, but not limited to, those rights and duties imposed upon the Participants pursuant to the Regional Contract and the Interceptor System Contract. Section 1.05. TREATMENT AS PART OF INTERCEPTOR SYSTEM. The parties agree that Maxwell Creek Meter Station is hereby included and shall henceforth be treated as a part of the Interceptor System as defined in the Interceptor System Contract and shall be subject to all the terms and conditions of the Interceptor System Contract, including but not limited to the District's operation and maintenance of the Maxwell Creek Meter Station and the inclusion of such expenses in the Annual Requirement. Section 1.06. EFFECTIVE DATE. This Agreement shall become effective as of the date of the execution hereof. Section 1.07. TERM OF AGREEMENT. This Agreement shall continue in force from the Effective Date hereof throughout the term of the Interceptor Agreement. Maxwell Creek Meter Station Agreement 3 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, as of the day of , 2018, which is the Effective Date of this Agreement. NORTH TEXAS MUNICIPAL WATER DISTRICT By: Robert Thurmond, President, Board of Directors ATTEST Don Gordon, Secretary, Board of Directors (SEAL) [signatures on following pages] Maxwell Creek Meter Station Agreement 4 CITY OF MURPHY, TEXAS By: Scott Bradley, Mayor ATTEST Susie Quinn, City Secretary (SEAL) [signature on following page] Maxwell Creek Meter Station Agreement 5 CITY OF WYLIE, TEXAS By: Eric Hogue, Mayor ATTEST Stephanie Storm, City Secretary (SEAL) Maxwell Creek Meter Station Agreement 6 NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity May 12, 2017 Mr. Mike Castro City Manager City of Murphy 206 N. Murphy Rd Murphy, Texas 75094 Re: Conveyance of Maxwell Creek Trunk Sewer to City of Murphy Dear Mr. Castro: The North Texas Municipal Water District (NTMWD) and the City of Murphy signed a sanitary sewer system facilities installment sale contract on May 26, 1994, to sell bonds for the construction of the Maxwell Creek Trunk Sewer Project. NTMWD had responsibility to operate and maintain the project until the bonds were paid off and the project was conveyed to the city. The bonds for Maxwell Creek Trunk Sewer have been paid off and per the contract, NTMWD shall automatically convey ownership of the project to the City including operations and maintenance of the project. Effective October 1,2017, NTMWD will cease operating and maintaining the Maxwell Creek Trunk Sewer and will adjust the City's cost of service accordingly. Any escrowed funds maintained by NTMWD on September 30,2017,for the Maxwell Creek Trunk Sewer will be returned to the City in October 2017. If you have any questions or need additional information, please contact R.J. Muraski, Assistant Deputy Director CIP and Planning, or myself at (972) 442-5405. Sincerely, THOMAS W. KULA Executive Director/General Manager TWK/RM xc: Mike Rickman, NTMWD Judd Sanderson, NTMWD 505 E.Brown Street • P.O.Box 2408 • Wylie,Texas 75098-2408 • Telephone:(972)442-5405 • Fax:(972)295-6440 MUDDY CREEK WASTEWATER INTERCEPTOR SYSTEM CONTRACT WHEREAS, North Texas Municipal Water District (the "District") is a conservation and reclamation district created and functioning under Article 16, Section 59 of the Texas Constitution, pursuant to Chapter 62, Acts of the 52nd Legislature of the State of Texas, Regular Session, 1951, as amended, (the "District Act"), with the authority to provide and develop regional systems for wastewater treatment; and WHEREAS, pursuant to a Muddy Creek Regional Wastewater System Contract, dated May 27, 1999(the"Regional Contract"),the District has agreed to acquire and construct a regional system for wastewater treatment in the general area of portions of the Trinity River to serve various parties within a watershed or drainage area including Muddy Creek, in Collin County, Texas (as further defined herein the "Regional Wastewater System"); and WHEREAS,the Regional Contract requires that each of the parties thereto must arrange to provide for the transportation of its wastewater to its point or points of entry into the Regional Wastewater System; and WHEREAS, the parties hereto wish to provide for the acquisition, construction, improvement, operation and maintenance of a wastewater interceptor system (as further defined herein, the "Interceptor System") for the purpose of providing facilities to adequately transport Wastewater (hereinafter defined) from the Participants (hereinafter defined) to the Regional Wastewater System; and WHEREAS, there has been prepared for and filed with the District the plans and specifications, dated May, 2004 (the"Plans and Specifications")with respect to the initial portion of the Interceptor System; and WHEREAS, the parties hereto are entering into this contract in order to control water pollution, and protect,improve,and enhance the water quality of Muddy Creek and the Trinity River and the water supplies impounded therein; and WHEREAS, each of the Cities of Murphy("Murphy")and Wylie("Wylie")in Collin County, Texas presently owns,operates,and maintains its respective combined waterworks and sanitary sewer systems; and WHEREAS, Murphy and Wylie have deemed it necessary and desirable to contract with the District to provide for the acquisition, construction,improvement, operation and maintenance of the Interceptor System to achieve efficiencies of cost and operation; and WHEREAS, the District has been and is willing to accept the responsibility of providing improved waste treatment in the service area to protect water quality and develop reuse potential; and WHEREAS, the District, Murphy and Wylie are authorized to make and enter into this Contract under the District Act, Chapter 30, Texas Water Code, as amended, and other applicable laws; and WHEREAS, the parties hereto recognize these facts: (a) That the District will use the payments to be received under this Contract and similar contracts, if any, for the payment of Operation and Maintenance Expense of the Interceptor System and for the payment of the principal of,redemption premium, if any, and interest on its Bonds, and to establish and maintain debt service reserves and other funds if and as provided in any Bond Resolution; and that the revenues under such contracts will be pledged to such purposes; and (b) That contracts similar to this instrument may be executed between the District and subsequent Additional Participants; and (c) That the District will issue Bonds from time to time in the future to acquire and construct the Interceptor System. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the District and Murphy and Wylie hereby contract and agree as follows: ARTICLE I DEFINITIONS Section 1.01. DEFINITION OF TERMS. In addition to the definitions stated in the preamble hereof,the terms and expressions as hereinafter used in this contract,unless the context clearly shows otherwise, shall have the following meanings: (a) "Additional Participants" means any Person or Persons in addition to Murphy and Wylie with which the District makes a contract for receiving and transporting Wastewater through the Interceptor System. (b) "Adjusted Annual Payment" means the Annual Payment, as adjusted in accordance with Section 5.03 of this Contract during or after each Fiscal Year. (c) "Annual Payment"means the amount of money estimated as provided in Section 5.03 of this Contract to be paid to the District by Participants as their proportionate shares of the Annual Requirement. (d) "Annual Requirement" means the total amount of money required for the District to pay all Operation and Maintenance Expense of the Interceptor System, with the exception of any surcharges paid directly by Participants under Sections 4.02 and 3.04(c) hereof, and to pay the principal of, and redemption premium, if any, and interest on its Bonds, including all charges and 2 expenses of the paying agents and registrars for its Bonds, and to pay any amounts required to be deposited in any special or reserve funds, including a debt service reserve fund and a repair and replacement fund, as required to be established and/or maintained by the provisions of any Bond Resolution. (e) "Bond Resolution" means any resolution of the Board of Directors of the District authorizing the issuance of Bonds and providing for their security and payment,as such resolution(s) may be amended from time to time as therein permitted. (f) "Bonds" means any bonds, notes, or other obligations to be issued by the District pursuant to this Contract for the acquisition, construction, enlargement, improvement, extension, repair, or replacement of the Interceptor System or any part thereof;whether in one or several issues, or any Bonds issued by the District to refund any or all of same or to refund any such refunding bonds. (g) "Construction Fund"means the fund by that name established in Section 2.03 hereof. (h) "Contingency Fund" means the fund by that name established in Section 5.03(g) hereof. (i) "Contract", or "this contract", means this contract among Murphy, Wylie and the District and all similar contracts, if any, executed between the District and Additional Participants. (j) "Fiscal Year" means the twelve (12) month period beginning each October 1 and ending the following September 30, or such other twelve (12) month period as may be established in the future to constitute the District's Fiscal Year. (k) "Interceptor System" means, collectively, the Wastewater transportation facilities generally as described in Exhibit A hereto, and all improvements and additions to and extensions, enlargements, and replacements of such facilities which are acquired and constructed by the District in order to receive and transport Wastewater ofthe Participants to their respective points of entry into the Regional Wastewater System. However, and notwithstanding the foregoing, said term includes only those facilities which are acquired or constructed with proceeds from the sale of Bonds issued, or payments made, pursuant to this Contract and any similar contracts with Additional Participants. Said term does not include any part of the Regional Wastewater System or any facilities acquired or constructed by the District with the proceeds from the issuance of"Special Facilities Bonds,"which are hereby defined as being revenue obligations of the District which are not secured by or payable from Annual Payments made under this Contract and similar contracts with Additional Participants, and which are payable solely from other sources. (1) "Local Wastewater Facilities" means the waste collection and treatment facilities owned and operated by the Participants. (m) "Operation and Maintenance Expense" means all costs of operation and maintenance of the Interceptor System including,but not limited to, repairs and replacements for which no special fund is created in a Bond Resolution, the cost of utilities, supervision, engineering, accounting, auditing, legal services, insurance premiums, and any other supplies, services, administrative costs, 3 and equipment necessary for proper operation and maintenance of the Interceptor System, any payments required to be made hereunder into the Contingency Fund, payments made for the use of operation of any property, payments of fines, and payments made by the District in satisfaction of judgments or other liabilities resulting from claims not covered by the District's insurance or not paid by one particular Participant arising in connection with the operation and maintenance of the Interceptor System. Depreciation shall not be considered an item of Operation and Maintenance Expense. (n) "Participants" means Murphy, Wylie, and all Additional Participants. (o) "Participant" means any of the Participants. (p) "Person" shall have the meaning set forth in the Texas Code Construction Act, Chapter 311, Texas Government Code, as amended. (q) "Point ofEntry"means any point or points at which Wastewater enters the Interceptor System as such point or points shall be agreed upon between the District and the applicable Participant. (r) "Regional Wastewater System", "District's System", "Regional System", or"System" means all ofthe District's facilities acquired,constructed,used,or operated by the District for treating and disposing of Wastewater of and for the Participants pursuant to the Regional Contract,together with any improvements, enlargements, or additions to the Regional Wastewater System facilities and any extensions, repairs, or replacements of the Regional Wastewater System facilities acquired, constructed, used, operated, or otherwise incorporated into or made a part of the Regional Wastewater System facilities in the future by the District. Said terms do not include the Interceptor System. (s) "Wastewater"means Sewage,Industrial Waste,Municipal Waste,Recreational Waste, and Agricultural Waste, as defined in the Texas Water Code, together with properly shredded garbage, and such infiltration water that may be present. ARTICLE II PROVIDING OF INTERCEPTOR SYSTEM BY THE DISTRICT Section 2.01. INTERCEPTOR SYSTEM AND INITIAL CONTRACT. In order to provide services for receiving and transporting Wastewater for the Participants, the District will use its best efforts to design, acquire, construct, and complete the Interceptor System and will own, operate and maintain the Interceptor System, and from time to time enlarge, improve, repair, replace, and/or extend the Interceptor System to provide service to the Participants. The District shall obtain and hold in its name all required permits from the appropriate Federal and State agencies, and each Participant shall assist the District in obtaining same. The District shall provide, manage, operate, 4 and maintain the Interceptor System in such manner as it determines is necessary for providing adequate, efficient, and economical service to Participants. Section 2.02. CONSULTING ENGINEERS. The District and the Participant agree that the District shall enter into any such contracts with engineers deemed necessary to provide engineering services to design the Interceptor System, and such engineers shall constitute and be defined as the "Consulting Engineers" for the Interceptor System. Engineering fees and expenses, if any, paid by the District shall be reimbursed from proceeds of the Bonds as a cost of acquisition and construction of the Interceptor System. Section 2.03. ACQUISITION AND CONSTRUCTION CONTRACTS. (a)The District will enter into such contracts as are necessary to provide for acquiring and constructing the Interceptor System, and said contracts shall be executed as required by the laws applicable to the District. The District shall cause the amounts due under such contracts to be paid from the proceeds from the sale of its Bonds. The District shall deposit the proceeds from the sale of its Bonds into a special Muddy Creek Wastewater Interceptor System Construction Fund (the "Construction Fund"). The Construction Fund shall be used for paying the District's costs and expenses incident to the Bonds and the Interceptor System, and to pay the costs of acquiring, by purchase and construction, the Interceptor System. Pending use as required by this Contract,the amounts in the Construction Fund may be invested in accordance with law, provided that all investment earnings therefrom(excepting any which may be required to be rebated to the federal government to prevent the Bonds from becoming "arbitrage bonds" under the Internal Revenue Code of 1986, as amended) shall be deposited in and become a part of the Construction Fund. If, after final completion of all facilities constituting the Interceptor System, any surplus remains on hand in the Construction Fund, such surplus shall be deposited into the interest and sinking fund for the Bonds. Any proceeds from the sale of its Bonds remaining after completion of the Interceptor System shall be used to pay principal and interest on the Bonds, and reduce to that extent the Annual Payments required to be made by the Participants under this Contract. (b) As part ofthe Interceptor System,the District shall acquire from Wylie and Wylie shall sell and convey to the District, on the date of issue of the first series of Bonds under this Contract, the facilities described on Exhibit B hereto(the"Wylie Facilities"),which on the date ofthis Contract constituted a part of the Local Wastewater Facilities of Wylie. The purchase price for the Wylie Facilities shall be$947,388, which amount shall be paid to Wylie by the District out of the proceeds of the District's first issue of bonds hereunder. Such conveyance of the Wylie Facilities shall be in all respects in form and substance satisfactory to the District and its counsel. Section 2.04. ACQUISITION AND CONSTRUCTION. The District agrees to proceed promptly with the acquisition and construction of the Interceptor System. The District does not anticipate any delays in commencing or completing the Interceptor System, but the District shall not be liable for any damages occasioned by, or arising out of, the construction or completion of the Interceptor System, any delays in completion of the Interceptor System, or the performance of the Interceptor System for its intended purpose. 5 Section 2.05. CONDITIONS PRECEDENT. The obligation on the part of the District to acquire and construct the Interceptor System shall be conditioned upon the following: (a) sale ofBonds in an amount sufficient to assure the acquisition and construction ofthe Interceptor System; and (b) the District's ability, or the ability of the contractors, to obtain all permits, material, labor,and equipment necessary for the acquisition and construction ofthe Interceptor System. Section 2.06. USE OF PUBLIC PROPERTY. By these presents,the Participants authorize use by the District of any and all real property, streets, alleys, public ways and places, and general utility or sewer easements of the Participants determined by the Participants and the District to be necessary for acquiring and constructing the Interceptor System. ARTICLE III DISCHARGE OF WASTEWATER AND METERING Section 3.01. DISCHARGE. In consideration of the payments to be made under its respective contract with the District, each of the Participants have and shall have the right to discharge into the Interceptor System such Wastewater from its respective sewer system as is required or permitted to be discharged into the Regional Wastewater System by such Participant under the Regional Contract;provided that such Wastewater meets the requirements for quantity and quality as set forth in this Contract and in the Regional Contract. Section 3.02. POINT OF ENTRY. Each Participant may discharge all such Wastewater generated from such Participant's sewer system into the designated Point or Points of Entry for such Participant. Section 3.03. CONVEYANCE TO POINT OF ENTRY. It shall be the sole responsibility of each Participant to transport, or cause to be transported, at no cost to the District or the other Participants, its Wastewater to its Point or Points of Entry. Section 3.04. QUANTITY OF WASTEWATER DELIVERED. (a) The quantity of Wastewater delivered hereunder by each Participant shall be metered by the District and the total annual contributing flow of Wastewater received during any Fiscal Year, as determined by such metering, shall be used to determine each Participant's Annual Payment as set forth in Article V. (b) The maximum discharge rate is defined as a rate in million gallons per day (MGD), exceeded for a period of sixty minutes,which,if continued over a period of 24 hours,would be equal to 3.50 times the Participant's average daily flow during that Fiscal Year. The total quantity of Wastewater discharged into the Interceptor System shall never exceed the amount which the Interceptor System and the Regional Wastewater System are capable of receiving, treating, and 6 disposing, unless approved by the District, subject to terms and conditions to be established by the District. Notwithstanding the foregoing, no Contracting Party shall ever make any discharge into the Interceptor System or the Regional Wastewater System which would cause them to be overloaded or be in violation of its permits from the State of Texas and/or the United States of America. (c) Any Participant exceeding the maximum discharge rate shall have a surcharge applied to its next Fiscal Year's Annual Payment equal to 1% of the Annual Payment in that Fiscal Year for each 1/10th that the ratio of the maximum discharge to the average daily flow exceeds 3.50. Section 3.05. LIABILITY FOR DAMAGES AND RESPONSIBILITY FOR TREATMENT AND DISPOSAL OF WASTEWATER. Liability for damages arising from the reception and transportation of all Wastewater discharged shall remain in each Participant to its Point or Points of Entry, respectively, into the Interceptor System, and title to such Wastewater shall be in such Participant to such Point or Points of Entry, and upon passing through the Points of Entry, liability for such damages and title to such Wastewater shall pass to the District. As between the District and each Participant, each party agrees,to the full extent permitted by law,to indemnify and to save and hold the other party harmless from any and all claims, demands, causes of action, damages, losses, costs, fines, and expenses, including reasonable attorney's fees, which may arise or be asserted by anyone at any time on account of the reception and transportation while Wastewater is in the control of such responsible party, or on account of a prohibited discharge by a Participant. The District has the responsibility as between the parties for the proper reception and transportation of all Wastewater, but not for prohibited discharges passing through any Point of Entry. The District has the right as between the parties to the reuse of all Wastewater discharged into the Interceptor System. Section 3.06. METERING. The District will furnish, install, operate and maintain as part of the Interceptor System the necessary equipment and devices for measuring properly all Wastewater to be discharged into the Interceptor System by each Participant. The location of the meter for each Participant shall be agreed upon between the District and each Participant. Such meters and other equipment shall remain the property of the District. Each Participant shall have access to such metering equipment at all reasonable times for inspection and examination, but the reading, calibration, and adjustment thereof shall be done only by employees or agents of the District in the presence of a representative of the Participant if requested by such Participant. All readings ofineters will be entered upon proper books of record maintained by the District. Upon written request the Participant may have access to said record books during reasonable business hours. Not more than three times in each year of operation, the District shall calibrate its meters, if requested in writing by a Participant to do so, in the presence of a representative of such Participant, and the parties shall jointly observe any adjustments which are made to the meters in case any adjustment is found to be necessary. If, for any reason, any meters are out of service or out of repair, or if, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five (5%) per cent, registration thereof shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable,then for a period extending 7 back one-half(1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six(6) months. Each Participant may, at its option and its own expense,install and operate a check meter to check each meter installed by the District, but the measurement for the purpose of this agreement shall be solely by the District's meters. Section 3.07. UNIT OF MEASUREMENT. The unit of measurement for Wastewater delivered hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure. ARTICLE IV QUALITY Section 4.01. GENERAL. Each Participant agrees to limit discharge into the Interceptor System to Wastewater that complies with quality requirements ofthe Regional Contract for discharge into the Regional Wastewater System. No discharge shall be made into the Interceptor System which would cause the District to violate any permit granted, or any rule or regulation promulgated, by any State or Federal agency having jurisdiction over the District. Each Participant specifically covenants that it will enact and enforce procedures which will prohibit or prevent customers of its sewer system from making any discharge which would cause such Participant to violate the provisions of this contract or any applicable State or Federal permit, law, rule, or regulation. Section 4.02. SURCHARGE. With approval ofthe District,Wastewater with concentrations of Biological Oxygen Demand ("BOD") and Total Suspended Solids ("TSS") greater than that permitted by the Regional Contract may be discharged by a Participant into the Interceptor System with the payment of a surcharge, which shall be in addition to such Participant's proportionate share of the Annual Payment as outlined in Article V of this Contract, and this surcharge shall be sufficient to cover and pay for the additional cost of services hereunder. ARTICLE V PAYMENTS Section 5.01. FINANCING. The District will use its best efforts to issue its Bonds, in amounts and at times as determined by the District,to provide the Interceptor System. The proceeds from the sale of the Bonds will be used for the payment of all of the District's costs and expenses in connection with the design, acquisition, and construction of the Interceptor System and the Bonds, including, without limitation, all financing, legal, printing, administrative overhead, and other expenses and costs incurred in issuing its Bonds and to fund a debt service reserve and other funds if required by any Bond Resolution. Each Bond Resolution of the District shall specify the exact principal amount of the Bonds initially issued, which shall mature not more than 40 years from the date of such Bonds, and shall bear interest at not to exceed the maximum legal rates, and the Bond 8 Resolution may create and provide for the maintenance of a revenue fund, an interest and sinking fund, a debt service reserve fund, and other funds and accounts, all in the manner and amounts as provided in such Bond Resolution. Prior to the sale of any such Bonds,the District shall provide to the Participants a copy of the Preliminary Official Statement relating to such Bonds, which shall include, among other things, proposed maturity schedule and optional and mandatory redemption provisions. The Participants agree that if such Bonds are actually issued and delivered to the purchaser thereof,the Bond Resolution authorizing the Bonds shall for all purposes be deemed to be in compliance with this Contract in all respects, and the Bonds issued thereunder will constitute Bonds as defined in this Contract. Section 5.02. ANNUAL REQUIREMENT. It is acknowledged and agreed that payments to be made under this Contract will be the only source available to the District to provide the Annual Requirement; and that the District has a statutory duty to establish and from time to time to revise the charges for services to be rendered and made available to Participants hereunder so that the Annual Requirement shall at all times be not less than an amount sufficient to pay or provide for the payment of: (a) An "Operation and Maintenance Component" equal to the amount paid or payable for all Operation and Maintenance Expense; and (b) A "Bond Service Component" equal to: (1) the principal of, redemption premium, if any, and interest on, its Bonds, as such principal, redemption premium, if any, and interest become due (by maturity, redemption, or otherwise), less interest to be paid out of Bond proceeds if permitted by any Bond Resolution; and (2) during each Fiscal Year, the proportionate part of any special or reserve funds required to be established and/or maintained by the provisions of any Bond Resolution; and (3) an amount in addition thereto sufficient to restore any deficiency in any of such funds required to be accumulated and maintained by the provisions of any Bond Resolution; and (4) the charges of paying agents and registrars for paying principal of, redemption premium, if any, and interest on, all Bonds, and for registering and transferring Bonds. Section 5.03. PAYMENTS BY PARTICIPANTS. (a) For services to be rendered to each Participant by the District under this Contract and other similar contracts,if any, each Participant has agreed to pay, at the time and in the manner hereinafter provided, its proportionate share of the Annual Requirement, which shall be determined as hereafter described and shall constitute a Participant's Annual Payment or Adjusted Annual Payment. For the Fiscal Year beginning on 9 October 1, 2003, and for each Fiscal Year thereafter each Participant's proportionate share of the Annual Requirement shall, subject to the subsequent provisions hereof, be a percentage obtained by dividing such Participant's estimated contributing flow to the Interceptor System for the next succeeding Fiscal Year or portion thereof by the total estimated contributing flow to the Interceptor System by all Participants during such Fiscal Year or portion thereof. The calculation of each Annual Payment as determined herein, and each Adjusted Annual Payment, shall be determined as provided in this Section. The terms "contributing flow to the Interceptor System" and "contributing flow" as used in this Contract with respect to any Fiscal Year, commencing with the Fiscal Year beginning October 1, 2003, shall mean the greater of(i)the actual metered contributing flow of a Participant or (ii) the minimum annual contributing flow for which a Participant has agreed to pay (regardless ofwhether such amount was actually discharged into the Interceptor System),which minimum annual contributing flow for Murphy and Wylie are as follows: Murphy 3,800,000 gallons per day Wylie 5,900,000 gallons per day The above minimum annual contributing flow may be adjusted by the District and the Participants to include minimum annual contributing flows of Additional Participants should Additional Participants become parties to this Contract, in accordance with Section 8.02 hereof. Each Participant's Annual Payment shall be calculated by the District by multiplying such Participant's estimated percentage of the estimated total contributing flow times the Annual Requirement. Each Participant's Annual Payment shall be made to the District in monthly installments, on or before the twentieth(20th) day of each month, for its required part of the Annual Requirement for each Fiscal Year or portion thereof, commencing with the Fiscal Year beginning October 1, 2003. Such payments shall be made in accordance with a Schedule of Payments for each Fiscal Year or portion thereof which will be supplied to each Participant. At the close of the Fiscal Year which commenced on October 1,2003, and for each Fiscal Year thereafter, the District shall redetermine each Participant's percentage by dividing each Participant's contributing flow to the Interceptor System by the total contributing flow of all Participants. Each Participant's Adjusted Annual Payment shall be calculated by multiplying each Participant's redetermined percentage times the Annual Requirement. The difference between the Adjusted Annual Payment and the Annual Payment, if any, when determined, shall be applied as a credit or a debit to each Participant's account with the District and shall be credited or debited to such Participant's next subsequent monthly payment or payments. (b) If a Participant fails to pay its monthly charge on or before the twentieth(20th) day of any month,it shall incur and pay a penalty often percent ofthe amount due together with any legal or other costs incurred by the District in collecting the amount due. The District is authorized to discontinue service to any Participant which fails to make any monthly payment, and which, after written notice, does not make such payment. (c) If, during any Fiscal Year, the District begins providing services to an Additional Participant, each Participant's Annual Payment for such Fiscal Year shall be redetermined consistent with the provisions of this Contract. 10 (d) Each Participant's Annual Payment also shall be adjusted and redetermined for the balance of any applicable Fiscal Year, consistent with the provisions of this contract, and initially based on estimated contributing flow, at any time during any Fiscal Year if: (i) Additions, enlargements, repairs, extensions, or improvements to the Interceptor System are placed in service by the District which require an increase and redetermination of the Annual Requirement; or (ii) Unusual or extraordinary expenditures for operation and maintenance of the Interceptor System are required which are not provided for in the Annual Budget or in a Bond Resolution; or (iii) A Participant's contributing flow to the Interceptor System, after the beginning of the Fiscal Year, is estimated to be substantially different from that on which Annual Payments are based as determined by the District, to the extent that such difference in flow will substantially affect such Participant's Budget, and consequently such Participant's Annual Payment to the District; or (iv) The District issues additional Bonds,the payments in connection with which require an increase and redetermination of the Annual Requirement; or (v) The District receives significantly more or significantly less revenues or other amounts than those contemplated. (vi) It appears to the District that for any other reason it will not receive the full amount of the Annual Requirement unless such adjustment and redetermination are made. (e) During each Annual Payment Period all revenues received by the District from providing services of the Interceptor System to parties which are not Participants, shall (i) first be credited to the Operation and Maintenance Component of the Annual Requirement, and(ii)then any remainder credited to the Bond Service Component of the Annual Requirement,with the results that such credits under (i) and (ii), respectively, shall reduce, to the extent of such credits, the amounts of such Components, respectively, which otherwise would be payable by the Participants pursuant to the method prescribed in(a)above. The District may estimate all such credits which it expects to make during each Annual Payment Period in calculating each Annual Payment. (f) The District shall give all Participants at least 21 days written notice prior to consideration by the Board of Directors of the District of making any Adjusted Annual Payment for any Participant during any Fiscal Year. (g) The Annual Payment set forth in this section shall be considered the basic charge for service hereunder, and each Participant shall pay a surcharge in addition to the Annual Payment for excess BOD and/or TSS as provided in Section 4.02, and for excessive discharge in the manner set forth in Section 3.04(c). 11 1 (h) The District may establish and maintain a separate fund entitled the "Muddy Creek Wastewater Interceptor System Contingency Fund" (the "Contingency Fund"). The Contingency Fund shall be used solely for the purpose of paying unexpected or extraordinary Operation and Maintenance Expenses of the Interceptor System for which funds are not otherwise available under this Contract. The Contingency Fund shall initially be funded, and any subsequent deficiency shall be restored, with amounts included as Operation and Maintenance Expenses in the Annual Budget. (i) The facilities and services ofthe Interceptor System to be provided to each Participant pursuant to this Contract are and will be essential and necessary to the operation of such Participant's combined waterworks and sanitary sewer system, and all payments to be made hereunder by each Participant will constitute reasonable and necessary "operating expenses" of such Participant's combined waterworks and sanitary sewer system,within the meaning of Section 30.030,Texas Water Code, as amended, and Section 1502.056, Texas Government Code, and the provisions of all ordinances authorizing the issuance of all waterworks and sanitary sewer system revenue bond issues of such Participant, with the effect that such Participant's obligation to make payments from its waterworks and sanitary sewer system revenues under this Contract shall have priority over its obligations to make payments of the principal of and interest on any and all of its waterworks and sanitary sewer system revenue bonds. Each Participant agrees to fix and collect such rates and charges for waterworks and sanitary sewer system services to be supplied by its waterworks and sanitary sewer system as will make possible the prompt payment of all expenses of operating and maintaining its entire waterworks and sanitary sewer system,including all payments, obligations,and indemnities contracted hereunder, and the prompt payment of the principal of and interest on its bonds payable from the net revenues of its waterworks and sanitary sewer system. The District shall never have the right to demand payment of the amounts due hereunder from funds raised or to be raised from taxation by a Participant. Each Participant's payments hereunder shall be made pursuant to the authority granted by Section 30.030, Texas Water Code, as amended, and Section 1502.056, Texas Government Code. Recognizing the fact that the Participants urgently require the facilities and services covered by this Contract,and that such facilities and services are necessary for actual use and for stand-by purposes; and further recognizing that the District will use the payments received from the Participants hereunder to pay, secure, and finance the issuance of its Bonds, it is hereby agreed that the Participants shall be obligated unconditionally, and without offset or counterclaim, to make the payments designated as the"Bond Service Component"ofthe Annual Requirement,in the manner provided in this Contract, regardless of whether or not the District actually provides such facilities and services, or whether or not any Participant actually receives or uses such facilities and services, and regardless of the validity or performance ofthe other parts ofthis or any other contract, and such "Bond Service Component" shall in all events be applied and used for providing debt service and other requirements of the Bonds, and the holders of the Bonds shall be entitled to rely on the foregoing agreement and representation,regardless of any other agreement between the District and the Participants. Each Participant further agrees that it shall be obligated to make the payments designated as the"Operation and Maintenance Component" of the Annual Requirement as described in Section 5.02 of this Contract, so long as the District is willing and able to provide the facilities and services contemplated hereunder to any Participant. 12 (j) As soon as practicable after issuance of the initial series of Bonds, the District shall furnish each Participant with a schedule of monthly payments to be made for the balance of its Fiscal Year commencing October 1, 2003. On or before August 1 of each year, commencing August 1, 2004, the District will furnish each Participant with a tentative budget and an estimated schedule of monthly payments to be made by such Participant for the ensuing Fiscal Year. On July 1 of each year, commencing July 1, 2004, the District shall be in a position to furnish any Participant an estimate of the Participants annual requirement. On or before October 1 of each year, commencing October 1, 2004,the District shall furnish such Participant with a finalized schedule of the monthly payments to be made by such Participant to the District for the ensuing Fiscal Year. Each Participant agrees that it will make such payments to the District on or before the twentieth(20th)day of each month of such Fiscal Year. If any Participant shall dispute the Annual Budget, and proceed as provided in Article VII, such Participant nevertheless promptly shall make the payment or payments determined by the District, and if it is subsequently determined by agreement that such disputed payments made by such Participant should have been less, the District shall promptly revise, reallocate, and readjust the charges among all Participants then being served by the District in such manner that such Participant will recover its overpayment. In the event any Participant is assessed a surcharge for excess BOD and/or TSS pursuant to Section 4.02 hereof;the District will bill such Participant for such surcharge on or before the tenth(10th)day of the month following the determination of the surcharge and such Participant shall pay such surcharge on or before the twentieth(20th) day of the month of receipt of any such bill. Any such surcharge collected by the District shall be applied by the.District against the total cost of Operation and Maintenance Expense of the Interceptor System. (k) If any Participant's Annual Payment is redetermined as is herein provided,the District will promptly furnish such Participant with an updated schedule of monthly payments reflecting such redetermination. (1) All interest income earned by the investment of any Funds created pursuant to any Bond Resolution shall be credited towards the payment of the Bond Service Component and taken into account in determining the Annual Requirement; except that as to any Acquisition or Construction Fund created from any Bond proceeds all interest income earned by the investment thereof may, at the option of the District, be credited to such Acquisition or Construction Fund and used for the Interceptor System purposes for which the Bonds are issued, or be credited towards the payment of the Bond Service Component. Section 5.04. ADDITIONAL CAPACITY AND FACILITIES. As the responsible agency for the establishment, administration, management, operation, and maintenance of the Interceptor System, the District will, from time to time, determine when and to what extent it is necessary to provide additions, enlargements,improvements,repairs,and extensions to the Interceptor System to receive and transport Wastewater of any Participant,including all Additional Participants,and to issue its Bonds to accomplish such purposes, and all Participants, including Additional Participants, shall be obligated to pay both the Operation and Maintenance Components and the Bond Service Component included in the Annual Requirements with respect to the entire Interceptor System, as expanded, as provided in Section 5.03; provided that this Section shall not be construed so as to reduce or alter the requirements of Sections 5.03 or 8.02 with respect to minimum payments. 13 ARTICLE VI GENERAL PROVISIONS Section 6.01. FORCE MAJEURE. In case by reason of"Force Majeure"the District or any Participant shall be rendered unable wholly or in part to carry out its obligations under this agreement, then if such party shall give notice and full particulars of such"Force Majeure"in writing to the other parties within a reasonable time after occurrence of the event or cause relied on,the obligation of the party giving such notice, so far as it is affected by such Force Majeure (with the exception of the obligation of each Participant to make the payments required in Section 5.03 of this Contract,which in all events shall be made as provided therein) shall be suspended during the continuance of the inability then claimed, but for no longer periods, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term"Force Majeure"as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority,insurrections,riots,epidemics,landslides,lightning,earthquakes,fires,hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, and inability on the part of a Participant to provide water necessary for operation of its water and Local Wastewater Facilities hereunder, or of the District to receive or transport Wastewater on account of any other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Section 6.02. INSURANCE. The District will carry insurance(including self-insurance)for such purposes and in such amounts as are determined by the District to be necessary or advisable. Section 6.03. REGULATORY BODIES. This Contract shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Texas, or any authorized representative or agency of any of them. Section 6.04. ANNUAL AUDIT OF SYSTEM. The District shall,at the close of each Fiscal Year, commencing with the Fiscal Year beginning October 1, 2004, cause an annual audit of the Interceptor System to be prepared. Section 6.05. PUBLICATIONS, REFERENCE WORKS, GOVERNMENTAL REGULATIONS. In each instance herein where reference is made to a publication, reference work or Federal or State regulation, it is the intention of the parties that at any given time the then current edition of any such publication of reference work or Federal or State regulation shall apply. If a publication or reference work is discontinued or ceases to be the generally accepted work in its field or if conditions change or new methods or processes are implemented by the District, new standards shall be adopted which are in compliance with State and Federal laws and any valid rules and regulations issued pursuant thereto. 14 Section 6.06. OPERATION OF THE INTERCEPTOR SYSTEM. The District covenants that it will operate and maintain the Interceptor System in accordance with accepted good business and engineering practices. ARTICLE VII DISTRICT ANNUAL BUDGET Section 7.01. FILING WITH PARTICIPANT. (a) Not less than sixty(60) days before the commencement of each Fiscal Year while this Contract is in effect,the District shall cause its tentative budget for operation and maintenance of the Interceptor System for the ensuing Fiscal Year to be prepared and a copy thereof filed with each Participant. If no protest or request for a hearing on such tentative budget is presented to the District within thirty (30) days after such filing of the tentative budget by one or more Participants, the tentative budget for the Interceptor System, when adopted by the District's Board of Directors, shall be considered for all purposes as the "Annual Budget" for the Interceptor System ensuing Fiscal Year. But if a protest or request for a hearing is duly filed, it shall be the duty of the District to fix the date and time for a hearing on the tentative budget. The Board of Directors of the District shall consider the testimony and showings made in such hearing. The Board of Directors of the District may adopt the budget or make such amendments thereof as to it may seem proper. The budget thus approved by the Board of Directors of the District shall be the Annual Budget for the next ensuing Fiscal Year. (b) The Annual Budget may be amended to provide for transfers of budgeted funds between expenditure accounts, provided however that said transfers do not result in an overall increase in budgeted funds as provided in the Annual Budget. The Annual Budget may be amended and increased through formal action by the Board of Directors of the District, if required. Certified copies of any amended Annual Budget and the resolution authorizing same shall be filed immediately by the District with each Participant. ARTICLE VIII OTHER CONTRACTS Section 8.01. OTHER CONTRACTS BETWEEN THE DISTRICT AND THE PARTICIPANTS. Nothing contained in this Contract shall in any way affect any payments to the District by a Participant or rates charged by the District to such Participant for the providing ofwater, wastewater or other services or facilities pursuant to other contractual relationships between the District and such Participant, including particularly, but not by way of limitation, the Regional Contract. Section 8.02. DISTRICT CONTRACTS WITH ADDITIONAL PARTICIPANTS. (a) The District reserves the right to contract with subsequent Additional Participants to provide the services of the Interceptor System to such Additional Participants; provided that the terms and provisions of such contracts with Additional Participants shall be,to the extent practicable and applicable,the same 15 as the terms and provisions of this Contract except that such contract shall provide for payments calculated on the basis of adequate minimum flows as hereinafter provided and further provided that, prior to or concurrently with becoming an Additional Participant, such party shall have become a party to the Regional Contract. The District shall not obligate itself to receive Wastewater into the Interceptor System from any future Additional Participant if; in the judgment and discretion of the District, such obligation would jeopardize the District's ability to meet its obligation to receive and transport Wastewater discharged into the Interceptor System by prior Participants. (b) A Person may become an Additional Participant in the following manner and under the following conditions; (i) A formal request must be submitted to the District furnishing information on the area to be served, a description of existing facilities, and the latest annual audit of such proposed Additional Participant's waterworks and/or sewer systems, if any. (ii) Such proposed Additional Participant must provide funds for any necessary engineering studies if funds are not available from the appropriate Federal or State agencies. The preliminary studies must determine or estimate, for the ensuing five year period, the size and type of any proposed improvements, enlargements, or extensions of the Interceptor System to serve such Additional Participant, their estimated cost, and estimated flows of Wastewater, so as to enable the District to ascertain or estimate the requirements of the proposed Additional Participant for the ensuing five year period. (c) Each Additional Participant must agree to make minimum payments under its contract, on the basis of estimated annual minimum flows, that would provide amounts annually at least sufficient, as determined by the District,to pay such Additional Participant's proportionate share of the Annual Requirement. (d) The provisions of this Section and the payments to be made under an Additional Participant's contract are further subject to the provisions of Section 5.03 of this Contract. Section 8.03. USE OF EXCESS CAPACITY. Notwithstanding any other provisions of this Contract,the District may provide any excess available capacity or service of the Interceptor System to any Person; provided that such service does not interfere with or impair the rights of any Participant under this Contract, and any such service shall in all events be subordinate and subject to such rights; and provided further that the District must charge for such service in amounts at least sufficient to pay all Operation and Maintenance Expense attributable thereto plus an amount which will produce an estimated reasonable allocation as determined by the District to be credited to the Bond Service Component ofthe Annual Requirement,plus an additional amount ofnot less than 20% of the foregoing to cover prior incurred costs. The District is not authorized to issue Bonds, as defined in this Contract, to provide the services of the Interceptor System to any persons other than Participants (including Additional Participants). 16 ARTICLE IX REMEDIES Section 9.01. LEGAL AND EQUITABLE. Any party to this Contract, and any holder of the District's Bonds, may require any party hereto, and its officials and employees, to carry out, respect, and enforce the covenants and obligations of this Contract, by all legal and equitable means, including specifically,but without limitation,the use and filing of mandamus proceedings,in any court of competent jurisdiction,against such party, and its officials and employees. ARTICLE X CONTINUING DISCLOSURE OF INFORMATION Section 10.01. PARTICIPANTS TO COMPLY. The Participants shall comply or, upon request of the District, shall provide to the District such information as will enable the District to comply, with any continuing disclosure requirements with respect to the Bonds and/or the Participants imposed by Securities and Exchange Commission Rule 15c2-12. ARTICLE XI EFFECTIVE DATE AND TERM Section 11.01. EFFECTIVE DATE. This Contract shall become effective as of the date of execution hereof. Section 11.02. TERM OF CONTRACT. This Contract shall continue in force from the effective date hereof at least until all Bonds, including any Bonds issued to refund same, shall have been paid in full; and shall also remain in force thereafter throughout the useful life of the Interceptor System. ARTICLE XII NOTICES Section 12.01. NOTICES. Any notice,request or other communication under this Contract shall be given in writing and shall be deemed to have been given by either party to the other party at the addresses shown below upon any of the following dates: (a) The date of notice by telefax, telecopy, electronic mail, or similar telecommunications, which is confirmed promptly in writing; 17 (b) Three business days after the date of the mailing thereof, as shown by the post office receipt if mailed to the other party hereto by registered or certified mail; (c) The date of actual receipt thereof by such other party if not given pursuant to (a) or (b) above. The address for notice for each of the parties shall be as follows: North Texas Municipal Water District 505 East Brown Street Wylie, Texas 75098 Attention: Executive Director and General Manager Fax#: (972)442-5405 City of Wylie, Texas 2000 Hwy. 78 N Wylie, Texas 75095 Attention: City Manager Fax#: (972)442-4302 City of Murphy, Texas 205 N. Murphy Rd. Murphy, Texas 75094 Attention: City Manager Fax#: (972) 516-0498 or the latest address specified by such other party in writing. ARTICLE XIII SEVERABILITY Section 13.01. SEVERABILITY. If any clause,provision or Section of this Contract should be held illegal or invalid by any court, the invalidity of such clause, provision or Section shall not affect any of the remaining clauses,provisions or Sections hereof and this Contract shall be construed and enforced as if such illegal or invalid clause, provision or Section had not been contained herein. In case any agreement or obligation contained in this Contract should be held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Participants or the District, as the case may be, to the full extent permitted by law. 18 ARTICLE XIV MODIFICATION Section 14.01. MODIFICATION. This Contract may be changed or modified only with the consent of the governing bodies of the District and the affected Participant or Participants. No such change or modification may be made which will affect adversely the prompt payment when due of all moneys required to be paid by the Participants under the terms of this Contract. ARTICLE XV VENUE Section 15.01. VENUE. All amounts due under this Contract, including, but no limited to, payments due under this Contract or damages for the breach of this Contract, shall be paid and be due in Collin County, Texas, which is the County in which the principal administrative offices of the District are located. It is specifically agreed among the parties to this Contract that Collin County, Texas, is the place of performance of this Contract; and in the event that any legal proceeding is brought to enforce this Contract or any provision hereof,the same shall be brought in Collin County, Texas. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 19 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of theo?'i. day of 2004, which is the date of this Contract. NORTH TEXAS MUNICIPAL WATER DISTRICT ..7b4 , ...04 By: U� President, Board of Directors ATTEST: "14 -i J _ ec eta AI & oat G e 'rectors.40111 (SEAL) 1 CITY OF MURPHY, TEXAS By: ayor AT EST: di*IIIT , , a�° e° City VI",eazy CITY OF WYLIE, TEXAS m-ems A ��.r�,`. By: .v M yor ATTEST: „„‘,....,„0„ .i,_..e„..e..,,c City Sri`y •.<<‘ sE - •. SEAL -, ,:.......... is s,: ,'it, ' i E�,► a-.•,'" 20 fl � 85--66 ti 1 � z ICA � 85 64 r MURPHY , f I NI EXISTIN ' E IST N ME R � A `,� = WYLIE WWTP v +4.4, ! 7" ill . VRoatED i''-dik _ i.„ 43:,": yr4,,,, . CITY LIMITS )/ IA 1 V .\ .., if „IF, i , .....40 .../ lid ___ .1. .. Insm ''''''-\\...1 c i ) ' i -.1171 I r . • \ f----. . k. .. ' 8 6---24 1: COLLIN COUNTY I DALLAS COUNTY / / I 4' A r ins - 86-26 4 ' V 46 f 1 7 MUDDY ii CREEKS\•.,• D ., WWTP �� P� 1\\ ---------'""E _____, \. ic-'-' 4,06) _,,,..- . / 1:-2' (-) / lq\- L-4 �� EXHIBIT-A MUDDY CREEK INTERCEPTOR SYSTEM ( I . cr-- A . id 1 -85-64 ''' � , L 1 ._,(1.:„ A f ,• ,,, .... [ ,_, L‘ L :\77 ,i _ A _ CITY LIMITS A 1, l '4,xr=lNc z I - — - �xs — — ) , \ ,— .1 . r . / -,. 86-24z' A COLLIN COUNTY I DALLAS COUNTY f /1/ - '5 j 86-26 :, Y / EXHIBIT-B\\- \.. c / _._ / / , A ).\\...-,/,',' ._ (j vo WYLIE FACILITIES r,,, 1 = ` Wylie City Council f - zt. - . - AGENDA REPORT ,'„I.«n . Meeting Date: June 12, 2018 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 29, 2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Birmingham Bluffs, establishing 60 single family residential lots, four open space lots, and one Public Park on 18.402 acres, generally located on the northwest corner of Westgate Way and Brown Street. Recommendation Motion to approve a Preliminary Plat for Birmingham Bluffs, establishing 60 single family residential lots, four open space lots, and one Public Park on 18.402 acres, generally located on the northwest corner of Westgate Way and Brown Street. Discussion OWNER: Birmingham Lot Venture, Ltd ENGINEER: Stantec Consulting Services, Inc. This preliminary plat proposes to create Birmingham Bluffs Subdivision. The plat will create 60 single-family residential lots, four open space lots, and a public park of approximately 5.4 acres. The property is part of an overall Planned Development Ordinance 2018-10 and is consistent with the PD conditions set forth. Four open space lots are labeled as "X" lots and will be owned and maintained by the HOA, except lot 1X, Block A which will be dedicated to the City. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie and substantially conforms to the adopted PD provisions. Planning & Zoning Commission Discussion: The Commission voted 5-0 to recommend approval subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 / \ LOT 29 \ / LOT 1 �1� '/ N J� of LOT 26B COMMON AREA /\ & D.E. °��/ /// \\ �e1PG�� Y LA VON LAKE LOT 25A7 V / / // \\ �,\�00 G / / a J \ Q / / / / °� // / \\ MEADOWS OF BIRMINGHAM PHASE 1 -- i l / / \ LOT 31 CAB. N, PAGE 934 41 LOT 25B / • 5/8" IRF (CM) / / P.R.C.C.T. _ �1 / \ `♦ 7 / °� // / \ PARK BLVD \ / / \ m >- LOT 24A / / / / / \ 3>- / \S/ 30 / / < �S o . 1 \ o i.R A.. / ° // // \\\ LOT 30 oG�' o CY LOT 24B I / / ���0op -�� / BROWN ST m / e // / 15' S CITY AOF WYLRY WIEER TEXAS MENT VA Q EASEMENT AND RIGHT OF WAY FOR / INST. NO. 20160929001312660 \ �'�-5�O ELECTRIC TRANSMISSION LINE \ / PARK AREA O.P.R.C.C.T. / \ �/G SITE BIRMINGHAM FARMS, LOT 23A (CAUSE O. 11,533) \ 423 PHASE 2B TEXAS PO & LIGHT COMPANY \ i �/ / DEDICATION \ ` / LOT 29 �� CAB. 0, PAGE 539 / VO D.R.C.C.T.581, E 236 1 -7)_ - D T IL P.R.C.C.T. p�� / \ / BIRMINGHAM FARMS, PHASE 2A / V ( LOT 23B E X �U_ - CAB. N, PAGE 887 \ 0 0 30 60 90 120 -lir STONE RD P ZONE AE °� //////���,9 �- - - P.R.C.C.T. A\ �0 �'f LOT 28 1" SCALE: = 60' • LOT 22A / / G / V \ o V �� 0 / / Aso. X / // \ B G 7 ``5Q��� `' / / ♦ // // - // \\\ /1 is �V LOT 22B 7 - \\ G� �� 14 LOT 27 .� - LOT iX, BLOCK A C LOT 22 ALAN sfG G I / / -7--- PUBLIC PARK DEDICATED TO L67 30 \\\ a , y\ .9� VICINITY MAP 0 cN) / I // , s2s - � - ___1 _,, --,. / / THE CRYOFWYUE / COMMON AREA 1 \\\ Apx• LOT 23 L� LOT 21A / / 5.431 ACRES (NOT TO SCALE) / / j'� (236,574 SQ. FT.) / 1 \�\ C,�J9� MAPSCO 663N LOT 29, BLOCK R / N / / / /� \\ N 61'46'17' E LOT 26 LOT 21 B CO ON AREA & D.E. / \ o�� // // 43.45' R / \\\\ LOT 25 LOT 24 MItF6ATI AREA (BY20' SA_E. 0 / /\mod' / `L I \ U.S.ARMY CO S QF ENGINEERS / / / �3 M FARMS, Div/ \ INST. NO.P R.C.C.T0.18� \BIRMINGHAM CALLED 18.402 ACRES / �$O� �/ \� s \\\ AE 2 q �- �/522-�� ya A 30' PIPELINE EASEMENT /Az/ f/_ o, / LOT VENTU E, LTD. / Q. G \/ / PG ♦ APPROXIMATE LIMITS \ DIOCESE OF DALLAS OF iLfl7 20A / pA�yE \�\- ��` / NST. 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N, PAGE 934 / / // �� // �� // 15' SANITARY SEWER EASEMENT / o - / _ \ BIRMINGHAM FARMS, PHASE 2A \ \ / 30' DRAP.R.C.CINAGE ET EASEMENT Y ' ' S 88' 4'04" E 129.08' cr / SAN ANTONIO SAVINGS ASSOCIATION 1 A �� / //// /// � VOL. 2401, PAGE 343 // �' LOT 1X, BLOCK - �2 �'� l �9 \ CAB. N, PAGE 887 \ \ �'� / / // 51J �\ D.R.C.C.T. / / / I / 40'/ / / / / / / ' / ` ,� \ D9 4 \ 40' X CABDN, PAGE 934EMENT `HOA/ 5.06' s s \ \ P.R.CAGE \r-- /�y0 / / ( o /11684 II / �'`O/ °°' 88'44'04" E 90�(0'I 31.54 <Li o. sS• 1`L6� `ram ��� \ \ \ P.R.C.C.T. / / / � / �' - / // 0 . ' 0.62'` 10' B.L. & U E. ,� ��•. \ PARK AREA \ \ / / LOT 19B j / / / / / J I 059.86 x J►\ \ \ PARK AREA/ /// // I LOT 1X, BLOCK A /� \ o��11'' 11.00' V.E. 8 o O 1 -� `\ '� 2 y b W DEDICATION 10' UTILITY EASEMENT \\ \\ DEDICATION \ / / / // � l( / 1O I "oo / J 0 0' Q L O /w_ �j cn CAB. N. PAGE 887 //\ 15' UTILITY PG. 539 / / / / \\\ PUBLIC PARK DEDICATED TO / / / ` ` LI iA I / ' m �r o / \ i 3, j0j �� , x�\ ��\� \ \ PR.C.C.T. \\ \/ P.R.C.C.T. O'1 / / // THECOFE // // �Q.V /OV I _o \�O c'' "�60 �/ 5431 ACRES / / # / 117.00' / \ � " \ a 15' SANITARY SEWER EASEMENT0 O• G \ \ \ 25' DRAINAGE EASEMENT \ IQ„ / /j /7/§(((( (236,574 SQ. FT.) L / �0 +� 1 I / 105.00' / a] \F 6'\G� �kp2 \ CITY OF WYLIE, TEXAS \ OF WYLIE, TEXAS 0 60929001312650 o ���111 o J J o /, 62 INST. NO. 201 6 09 29 001 31 26 70 \ y� 14 / / // / / I I // // Zi- I / om 9 m o / o / o7 '\ \ O ti \ r1 g O.P.R.C.C.T. \\ \_ \ O.P.R.C.C.T. • e5/8" IRF Z / I I �/ / / V PH•���A+(E \ cP' �6 / 15' SANITARY SEWER EASEMENT I I I Q / /// // / \`-:',o # / / / / 25 25 / / / liri CITY OF WYLIE/20' F.A.E. 117 00' KINST. N0. 2016111 0 1537410 I/ / i 4 /// // / ' (BY THIS PLA H 105.00' 138. 123.29' \ / •23 2 / 'S 0P R �TI /II I / N N / I °o _' / / / / �l o / O �' LLJ 0 / 10 / °d -0/4 00 / \ / \ / IRF S 88'44'04" E 293.45' I I C RF g 2,, / / / / / �n ,n I"' o 0 0 \ \• P \ •25.95' r-�� I 60' _, I / /! / /7:61 1O' B.L. 'n / o / N 38'06'36" E 50.09 50 00 50.00 50.00' IV ' 1, / / / / i // I /// / S 88'44'04" E �43.00' I 88'44'04" E 117.00� v} / ✓ 5' 13 4 /� \ c,+ 10' B.L. 40.11'�CO / 15' L. 12.50' r 55.00' S .00 50.00' 50.00' S0.00' 50.00' 5.00 88' 4'04" E-120.00- ,1 S 88'44'04" E 100.00' / / v.E I ` / J LOT 1 , BLOCK A I / ,9 Z / A \ /1' 1 / Q �' $• 50.00' So.00' _o / / / J 2 55.OU 50.0' 50.0 50.00 57.89' \I BIRMINGHAM FARMS, �, / / I / ,� 15' B.L. / WI 63 / / PHASE 10 �• , // / N itT / /oo �IW / b 15L. 1 .L. / /r o 5' W.M.E. { �i VOL. 2O1 Ll, PG. 348 I 1RA / /O� / / /f / J 1 �n w o o 'rn 0 15' B.L. / L13 [ / / / / , / I W m / / 4? / / 5 J--% r CI 1p =/ / B / Lii / W I / / / / J O � P.R.C.C.T. / / 1 / - o 00 0 1 0 0 w /0 O / `°' rn / /� b / _o w co A / / / �/ / �/ Sri 2 ri /J vi o o/ w o z w o o w w w M (//, �S I J / vi ,ri g o 1 2 3 0 w o o �r� io/ 16 b / A O DRAINAGE EASEMENT 120' / / / I\ - m m tO uj 4 5 o o \ \ /�.° o \ / f o' I b ;f,1 �n ,kl 11.00' / �n 10 ,1.0 _n �11 12� 13 14 15/r' CITY OF WYLIE, TEXAS I / / / / / / / 8 9 / / INST.NO. 201 40709 000708 71 0 I / �ryh I //// C,L� c; ,� ,n \ i / o / �' 4 t J :n / 5 LOT 1 X O.P.R.C.C.T. I / ID _ a 91 s' / / z BLOCK C / i / �� III �ii - 20' B.L. / z 1�' o / �o m w 11.00' c m o / <� 11. B/ / ► oo' Z 20' L. / z o/M N o Z / / (HOW ! Q} - 1 10' U.E. V.E4 V.E. - V.E. \ V.E.- / 20' B.L. , ! IZ�/ J �/ V / y , / // 46.36' 50.00'/ 50.00', 50.00'/ 50.00' 50.00' 40.0 �� g�� �9 40.00' J b0.00' - `a c�i L Z y M 7t �. 50.00' 50 00' 52.00' �g 42.50'/� 50.00' 50.00' 50.00' 50.00' i 50.00' 50.00' 50.00' / k \ /�\SO. // /i /\ �N 01'15/66„ E n ��ff / J �. �sr / / / /i �Q. / �� \ 0 N BE SHIRE DRIVE / 11.00' / 11.00' o f42.50' �h 1- CALLED 3.126 ACRES / \ \ / / / L o / n 11.00' 11.00' / / H O / J �/Q in _ S 88'44'04" E 1262.00' / / 17 gg d NEW HAVEN ASSISTED LIVING OF WYLIE, LLC SANITARY SEWER EASEMENT / / \ \ // / / \h i2a / �// 440.00/ / I -^,- - - - _ p a I CITY OF WYLIE, TEXAS / / \ \ ! / y� h \ J "' P AS E, 2 322�32f` _ _ - - _ �ERKSHIRE DIVE / o / a 1 (� _ INST. N0.O.P1R.C.C. 001162340 INST. NO. 20140709000708720 / \ \ C °� / j / 11.00- I / 11,00' / / 500.0 / �n (pl 11 I O.P.R.C.C.T. // // \ \ (� /// // L55.00' / 50.00' / 50.00' 50.00' S0.0 / 50. 0' 50.00' 40.00' �2 /1 / PHASE 1 / �' / i �,Vw �, �\ o r � co \ �� '�Q /OF. �/ 5.00' 10' U 5�, �• /��( 55.00 50.00% 50.00' /50.00' 5Q.00' 50.00' 50.00' .00' 59.00' 50.00' / 50.00' 50.00' 50.00' S0 00' 42.50' �6 0 m z / ! t /- // // \\ \ N / i// -/ /.\ 10// I I o / / / 9.50'/ �i 1~` 0 20' B.L. 11.00' 10 U.E. / f n O = / \ \ \ / Y i / V.E. O b / / / / / ? - � o/ / ey/ waI '� 00 11.00' = 0 20' B.L. �. m / / \ / �I w �`' o o w v �/ / / / / / cfl v� / / � �� oo o 00 b 00 0 0 •,o m o 0 > W / 17.68' w / // ° \ / v/ IIII ,0 1 2 �; 3 �; �; �5 6 7 _� 8 w o m o b _ g o 0/ o 0 b / L Z / 20' SANITARY SEWER EASEMENT / \ /\ / I F u> I = 25' �25' o �°- 1 ui 2 .Y ,ri 4 5 ,�J 6 o 0 8 0 p b b 12 b op / o c�i / / VOL. 2014, PG. 348 I / A/<\ /_ I o / / D / /^ ao a J in o 77 �n 9 III ,�j 10 ,�j 11 uj uj . 14 uj15 0oj/ I / O in - m I I / _P.R.C.C.T. 1/ \ f/ // °�� // \ / 15' SANITARY SEWER EASEMENT VI Z / / / / o o X o / / 7 /O / / - / CID L� / I SAN ANTONIO 5�" CIR •j /- -5s.?6 - - I 15 d.L. Z r' Z / / / / �n ✓ I / �/ \ / SAVINGS SSOCIATION "R 3047" 5'�W.M.E.- - / - - - / � �' / / ' B.L. / / / r - OT 1X / VOL. 24 E 343 0.00 - 50.Oi - - -50.00'- - -50.00 50.00' 50,00` - -55.00' J - / o BLOCK EASEMENT AND RIGHT OF WAY py -55.00` - -50.00` - -50.00` - 50.00'- - -50. 0` - - 50.00' - -50.00` 550.0'E- ` -50.0 - - - ONCOR ELECTRIC DELIVERY COMPANY LLC �- \ - - N 01"15'S6" E r �' 0' F.A.E. / INST. NO. 20170512000609960 1 57.25'i "' (B THIs PLA» N - [LOT 1X, BLOCK D (H0� _ �•E• I 8.06' V.E. 0 50.00/ - -50.00- - -50.00"�- - moo. o'- - -50.00- - - -55.00- - (HOA _ __ - 5- - - - - .� _ LOT 1X. BLOCK E HOA O. C.T. R.O.W. LINE n P.L.S. • = 0,0 w • A///_ ��. 3 0 45 L8 E _ D.W.WILLIAN ISDBURVEY,ABSTRACT NO.1021 (- I /8 3 7" 20.00' ,� ��A� `�� � �� % � `7v /�..,. i���•._ -/� - �// �� "ice�� �� ' N 4615 56 E - • 5[ /_� / i ` � -7. 00�w w __ w 7 �ry - - - 42.43' _ . //��/ `/ a.44 //5 4L1//�����'' 88'44'04' W. 1 8 4 ��� ��i� �� ///�i �� \ EC. DAVID N SURVEY,ABSTRACT N®.286 - - - -� 'CIRF //�������� �����//Ii� �� �� ����� ���/♦� ��� / • '/���� � / 20' R.O.W DEDICATION 1/2" IRF BEARS Vj, / f I .I ! VOL. 2014, PG. 348 7 N 8$' ' a e P.R.C.C.T. \/ S 49'03'58" W�.9' Uj� / �' EASEMENT OR RIGHT-OF- Y (TRACT NO. 1) / -/ 04 1287 �� / 7 / 7 /�i// i6O / J NORTH TEXAS MUNICIPAL WATER DISTRIC / / �j - 0 J / �/ R.O.W. LINE STATE PLANE COORDINATES VOL. 12, PACE 487 / / / 15' WATER M EASEMENT N 30' EASEMENT FOR RIGHT-OF-WAY (TRACT NO. 2)- NORTHING = 7,060,089.8 20' RIGHT-OF-WAY DEDI ATION D. .C.C.T. SAN ANTONIn SAVNGS ASSOCIAIlON �� �� ! eo 530 CWEST BROWN STRICT / - Y 20' RIGHT-OF/Y DEDICATION POINT OF BEGINNING NORTH TEXAS MUNICIPAL WATER DISTRICT EASTING = 2,564,985.E 0.60113-ACRE VOL. 2401, PAGE 341 / (F.M. HIGHWAY NO:3412) \ 0.6013 ACRES- STATE PLANE COORDINATES VOL. 512, PAGE 487 (SEE NOTE 1) 26,195 SQUARE FEET D.R.C.C.T. 26,195 SQUARE FEET o D.R.C.C.T. (BY THIS PLAT) �/4 EASTINIGG 2,566,272.54 LEGEND ( RIABLE WIDTH PUBLIC RIGHT-OF-WAY) (BY THIS PLAT) (SEE NOTE 1) IRF IRON ROD FOUND S 65'47'33 E, 3,991.94' TO CITY OF WYLIE GEODETIC CONTROL MONUMENT NUMBER 2 o MAG NAIL WITH WASHER 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND (CM) CIRF STAMPED "STANTEC" FOUND (UNLESS OTHERWISE WYLIE NURSERY GROUP, LP NOTED) I INST. NO. 20160831001162340 APPROXIMATE LIMITS cr w o LOT 1 , BLOCK 1 O.P.R.C.C.T. OF FLOODPLAIN o x oo k. NEW HOPE CHRISTIAN CHURCH D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS I o J N ADDITION o a o• WESTGATE PHASE 3 P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS / z CAB. Q, PAGE 329 Id P.R.C.C.T. CAB. K, GE 727 O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS Id P.R.C.C.T. P.R.0 C.T. <mQ VOL., PG. VOLUME, PAGE o z x� PRELIMINARY PLAT CAB. CABINET co z Preliminary INST. NO. INSTRUMENT NUMBER This document shall not be BIRMINGHAM BLUFFS SQ. FT. SQUARE FEET LINE TABLE LINE TABLE - LINE TABLE CURVE TABLE recorded for any purpose. W.E. WATER EASEMENT LINE # BEARING DISTANCE LINE # BEARING DISTANCE LINE # BEARING DISTANCE CURVE # LENGTH RADIUS DELTA CHORD LENGTH BEARING For Review Purposes Only LOTS 1 - 11, BLOCK A; LOTS 1 - 10, BLOCK B; LOTS 1 - 16, Michael J. Murphy, R.P.L.S. W.M.E. WALL MAINTENANCE EASEMENT Ll S 46°15'56" W 7.07' L7 N 46°15'56" E 21.21' L13 N 00°32'56" W 126.35' Cl 63.62' 40.50' 90°00'00" 57.28' N 46°15'56" E Registration No. 5724 BLOCK C; LOTS 1 - 8, BLOCK D & LOTS 1 - 15, BLOCK E D.E. DRAINAGE EASEMENT L2 S 43'44'04" E 21.21' L8 N 43'44'04" W 7.07' L14 S 88'44'04" E 71.00' C2 34.21' 40.50' 48°24'02" 33.20' S 64°32'03" E May 8, 2018 BEING 18.402 ACRES OF LAND SITUATED IN V.E. VISIBILITY EASEMENT L3 N 46°15'56" E 21.21' L9 N 43°44'04" W 21.21' L15 S 82°49'04" W 76.83' C3 203.29' 280.00' 41°35'58" 198.86' S 19°32'03" E D.W. WILLIAMS SURVEY, ABSTRACT N0. 1021 F.A.E. FLOODPLAIN ACCESS EASEMENT APPLICANT/OWNER: SURVEYOR: U.E. UTILITY EASEMENT L4 N 43°44'04" W 21.21' L10 N 46°15'56" E 21.21' L16 S 84°17'32" E 168.58' C4 223.67' 50.00' 256°18'42" 78.63' N 39°25'17" E BIRMINGHAM LOT VENTURE, LTD. STANTEC CONSULTING SERVICES INC. CITY OF WYLIE, COLLIN COUNTY, TEXAS - L5 N 46°15'56" E 35.36' L11 S 64'32'03" E 27.36' L17 S 88°44'04" E 163.08' C5 103.60' 49.50' 119°55'10" 85.70' N 46°15'56" E 8214 WESTCHESTER DRIVE, SUITE 710 12222 MERIT DRIVE, SUITE 400 TOTAL AREA - 18.402 ACRES B.L. BUILDING SETBACK LINE DALLAS, TEXAS 75225 DALLAS, TEXAS 75251 60 RESIDENTIAL LOTS / L6 S 43°44'04" E 35.36' L12 S 46°15'56" W 21.21' C6 94.33' 49.50' 109'11'19" 80.69' S 64'32'03" E DENOTES STREET NAME CHANGE PH: (214) 522-4945 PH: (972) 991-0011 CONTACT: JOHN ARNOLD CONTACT: MICHAEL J. MURPHY, R.P.L.S. 4 NON-RESIDENTIAL LOTS STANTEC PROJECT NO. 222210757 TBPLS #10194229 MAY 8, 2018 SHEET 1 OF 2 V:\2222\active\222210757\survey\10757v_pp.dwg modified by gwiley on May 8, 18 10:40 AM OWNER'S CERTIFICATE OWNER'S DEDICATION SURVEYOR'S CERTIFICATE STATE OF TEXAS § NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THAT BIRMINGHAM LOT VENTURE, LTD., ACTING BY AND THROUGH ITS DULY AUTHORIZED AGENT, DOES HEREBY ADOPT THAT I, MICHAEL J. MURPHY, DO HEREBY CERTIFY THAT I PREPARED THIS PLAT FROM AN ACTUAL AND ACCURATE THIS PLAT, DESIGNATING THE HEREIN DESCRIBED PROPERTY AS BIRMINGHAM BLUFFS, AN ADDITION TO THE CITY OF WYLIE, SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON AS SET WERE PROPERLY PLACED UNDER MY WHEREAS, BIRMINGHAM LOT VENTURE, LTD., IS THE OWNER OF A 18.402 ACRE TRACT OF LAND SITUATED IN COLLIN COUNTY, TEXAS, AND DO HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS, PERSONAL SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION ORDINANCE OF THE CITY OF WYLIE.. THE D.W. WILLIAMS SURVEY, ABSTRACT NO. 1021, CITY OF WYLIE, COLLIN COUNTY, TEXAS, AND BEING ALL OF RIGHT-OF-WAY, AND OTHER PUBLIC IMPROVEMENTS SHOWN THEREON. THE STREETS AND ALLEYS, IF ANY, ARE DEDICATED A CALLED 18.402 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE DATED THIS THE DAY OF , 2018. BIRMINGHAM LOT VENTURE, LTD., RECORDED IN INSTRUMENT NUMBER 20180420000466040, OFFICIAL PUBLIC FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. NO BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER RECORDS OF COLLIN COUNTY, TEXAS; SAID 18.402 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS, IF BEGINNING AT A MAG NAIL WITH WASHER STAMPED "STANTEC" FOUND FOR THE POINT OF INTERSECTION OF APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE Preliminary THE WEST RIGHT-OF-WAY LINE OF NORTH WESTGATE WAY (60-FOOT PUBLIC RIGHT-OF-WAY) WITH THE NORTH MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE , R.P.L.S. This document shall not be MICHAEL J. MURPHY RIGHT-OF-WAY LINE OF WEST BROWN STREET, ALSO KNOWN AS F.M. HIGHWAY NO. 3412 (VARIABLE WIDTH EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE REGISTERED PROFESSIONAL LAND SURVEYOR recorded for any purpose. RIGHT-OF-WAY), SAME BEING THE SOUTHEAST CORNER OF SAID 18.402 ACRE TRACT OF LAND; PUBLIC'S AND CITY OF WYLIE'S USE THEREOF. STATE OF TEXAS NO. 5724 For Review Purposes Only THENCE, NORTH 88'44'04" WEST ALONG THE NORTH RIGHT-OF-WAY OF SAID WEST BROWN STREET, A THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS Michael J. Murphy, R.P.L.S. DISTANCE OF 1,287.24 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER Registration No. 5724 FOUND FOR AN ANGLE POINT IN THE NORTH RIGHT-OF-WAY OF SAID WEST BROWN STREET, SAME BEING THE OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID May 8, 2018 SOUTHWEST CORNER OF SAID 18.402 ACRE TRACT OF LAND AND FROM WHICH A 1/2-INCH IRON ROD FOUND EASEMENTS. THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS BEARS SOUTH 49°03'58" WEST, A DISTANCE OF 0.9 FEET; AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR THENCE, NORTH 01°15'56" EAST, CONTINUING ALONG THE NORTH RIGHT-OF-WAY OF SAID WEST BROWN RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AN ANY TIME PROCURING PERMISSION FROM ANYONE. STATE OF TEXAS § STREET, AT A DISTANCE OF 20.00 FEET PASSING A 5/8-INCH IRON ROD WITH PLASTIC CAP STAMPED "R.P.L,S, 3047" FOUND THE SOUTHEAST CORNER OF LOT 1, BLOCK A OF BIRMINGHAM FARMS, PHASE 10, AN ADDITION THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS, AND RESOLUTIONS OF THE CITY OF COUNTY OF COLLIN § TO THE CITY OF WYLIE ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT 2014, PAGE 348, PLAT WYLIE, TEXAS. RECORDS OF COLLIN COUNTY, TEXAS (P.R.C.C.T.), CONTINUING ALONG THE COMMON LINE OF SAID 18.402 ACRE BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED MICHAEL J. MURPHY, KNOWN TO ME TO TRACT OF LAND AND SAID LOT 1, BLOCK A, IN ALL FOR A TOTAL DISTANCE OF 57.25 FEET TO A 5/8-INCH WITNESS, MY HAND THIS THE DAY OF , 2018. BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ABOVE AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME IRON ROD WITH PLASTIC CAP STAMPED "R.P.L,S, 3047" FOUND FOR AN ANGLE POINT IN SAID COMMON LINE; THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION EXPRESSED AND IN THE CAPACITY THEREIN STATED. THENCE, NORTH 40°20'02" WEST, CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 303.20 FEET TO A BY: BIRMINGHAM LOT VENTURE, LTD. GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE DAY OF , 2018. 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "STANTEC" FOUND FOR THE MOST WESTERLY CORNER OF SAID 18.402 ACRE TRACT OF LAND, SAME BEING THE MOST SOUTHERLY CORNER OF LOT 29, BLOCK R OF BIRMINGHAM FARMS, PHASE 2B, AN ADDITION TO THE CITY OF WYLIE ACCORDING TO THE PLAT JOHN ARNOLD THEREOF RECORDED IN CABINET 0, PAGE 539, P.R.C.C.T. AND FROM WHICH A 5/8-INCH IRON ROD FOUND FOR NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THE MOST WESTERLY CORNER OF SAID LOT 29, BLOCK R, SAME BEING THE MOST SOUTHERLY CORNER OF LOT 19B, BLOCK R OF SAID BIRMINGHAM FARMS, PHASE 2B, BEARS NORTH 40°20'02" WEST, A DISTANCE OF 119.81 FEET; THENCE, NORTH 49'39'58" EAST, ALONG THE COMMON LINE OF SAID 18.402 ACRE TRACT OF LAND AND SAID STATE OF TEXAS § LOT 29, BLOCK R, A DISTANCE OF 942.24 FEET TO A 5/8-INCH IRON ROD FOUND FOR THE MOST NORTHERLY CORNER OF SAID 18.402 ACRE TRACT OF LAND, SAME BEING THE MOST EASTERLY CORNER OF SAID LOT 29, COUNTY OF COLLIN § BLOCK R, AND THE MOST SOUTHERLY CORNER OF LOT 29 OF BIRMINGHAM FARMS, PHASE 2A, AN ADDITION TO THE CITY OF WYLIE ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET N, PAGE 887, P.R.C.C.T.; BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ABOVE AND FOREGOING INSTRUMENT, AND THENCE, ALONG THE COMMON LINE OF SAID 18.402 ACRE TRACT OF LAND AND SAID BIRMINGHAM FARMS, ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION EXPRESSED AND IN THE PHASE 2A THE FOLLOWING CALLS: CAPACITY THEREIN STATED. RECOMMENDED FOR APPROVAL SOUTH 40°20'02" EAST, A DISTANCE OF 738.78 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE DAY OF , 2018. STAMPED "STANTEC" FOUND FOR CORNER; CHAIRMAN, PLANNING Sc ZONING COMMISSION DATE SOUTH 88°44'04" EAST, A DISTANCE OF 293.45 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP CITY OF WYLIE, TEXAS STAMPED "STANTEC" FOUND FOR THE NORTHEAST CORNER OF SAID 18.402 ACRE TRACT OF LAND, AND NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS BEING IN THE WEST RIGHT-OF-WAY LINE OF SAID NORTH WESTGATE WAY; THENCE, SOUTH 01°15'56" WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID NORTH WESTGATE WAY, A APPROVED FOR CONSTRUCTION DISTANCE OF 357.10 FEET TO THE POINT OF BEGINNING, CONTAINING A COMPUTED AREA OF 18.402 ACRES OR 801,576 SQUARE FEET OF LAND. MAYOR, CITY OF WYLIE, TEXAS DATE GENERAL NOTES R.O.W. ACCEPTED 1. BEARINGS AND GRID COORDINATES SHOWN HEREON ARE REFERENCED TO THE TEXAS STATE PLANE P W P COORDINATE SYSTEM, NORTH TEXAS CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1983 BASED ON 6' 6' LEICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK. DISTANCES ADJUSTED TO SURFACE USING AN 1/+7xr. 1/47FT. MAYOR, CITY OF WYLIE, TEXAS DATE AVERAGE COMBINED SCALE FACTOR OF 0.999847313. �y 1 I 3 B' CURB N£M,Nr 6' I 2. REFERENCE BENCHMARKS: I �.-_"ti`� b CROWN %B'N ' 1 • CITY OF WYLIE GEODETIC CONTROL MONUMENT NUMBER CM 2 FOUND. r PUBLISHED ELEVATION: 550.61' I .l SOLIMEsr&IVIED II,I STANTEC ELEVATION: 550.51' -�1- REINFORCING BARS SHALL BE NO. 3 BARS ON 1B"C7RS OR CITY OF WYLIE GEODETIC CONTROL MONUMENT NUMBER CM 4 FOUND. eARs 2*.E �� OS PUBLISHED ELEVATION: 562.88' REGULAR SECTION STANTEC ELEVATION: 562.97' THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY CERTIFIES THAT THE FOREGOING FINAL LEGEND PLAT OF THE BIRMINGHAM BLUFFS ADDITION TO THE CITY OF WYLIE WAS SUBMITTED, BY FORMAL ACTION, THEN AND THERE SITE BENCHMARKS: ACCEPTED THE DEDICATION OF STREETS, ALLEY, PARKS, EASEMENT, PUBLIC PLACES, AND WATER AND SEWER LINES AS S4WE0 LONG/TUD/NAL SHOWN AND SET FORTH IN AND UPON SAID PLAT AND SAID COUNCIL FURTHER AUTHORIZED THE MAYOR TO NOTE THE SITE BENCHMARK NUMBER 1: '0- DUMMY✓OINT ACCEPTANCE THEREOF BY SIGNING HIS NAME HEREINABOVE SUBSCRIBED. CUT SQUARE SET ON THE NOSE OF CENTER MEDIAN LOCATED ALONG THE CENTERLINE OF WEST BROWN STREET APPROXIMATELY 40-FEET WEST FROM THE CENTERLINE OF NORTH WESTGATE WAY. CONSTRUCTION JOINT(FULL WIDTH PV,1/r. WITNESS MY HAND THIS DAY OF 2018. ELEVATION: 546.72' ©- IS ALLOWED WHERE APPROVED BY CITY) SITE BENCHMARK NUMBER 2: TYPICAL PAVING SECTION CUT SQUARE SET ON THE NOSE OF CENTER MEDIAN LOCATED ALONG THE CENTERLINE OF WEST BROWN STREET APPROXIMATELY 880-FEET WEST FROM THE CENTERLINE OF NORTH WESTGATE WAY. ELEVATION: 532.46' CITY SECRETARY CITY OF WYLIE, TEXAS 3. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 4. LOT 1X, BLOCK C, LOT 1X, BLOCK D AND LOT 1X, BLOCK E WILL BE COMMON SPACE LOTS THAT WILL BE DEDICATED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 5. ALL EASEMENTS WITHOUT RECORD INFORMATION ARE DEDICATED BY THIS PLAT. 6. NO APPURTENANCE BETWEEN THE HEIGHT OF 2-FEET AND 9-FEET MAY BE PLACED IN THE VISIBILITY TRIANGLES. 7. LOT 1X, BLOCK A WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF WYLIE. BLOCK A LOT AREA BLOCK B LOT AREA BLOCK C LOT AREA BLOCK D LOT AREA BLOCK E LOT AREA HOA LOT AREA LOT # SQUARE FEET ACRES LOT # SQUARE FEET ACRES LOT # SQUARE FEET ACRES LOT # SQUARE FEET ACRES LOT # SQUARE FEET ACRES LOT # SQUARE FEET ACRES 1 6,318 0.1450 1 6,212 0.1426 1 8,014 0.1840 1 6,325 0.1452 1 6,325 0.1452 1X, BLOCK B 714 0.0164 2 5,750 0.1320 2 5,750 0.1320 2 5,972 0.1371 2 5,750 0.1320 2 5,750 0.1320 1X, BLOCK C 1,604 0.0368 3 5,750 0.1320 3 5,750 0.1320 3 6,203 0.1424 3 5,750 0.1320 3 5,750 0.1320 1X, BLOCK D 10,237 0.2350 4 5,750 0.1320 4 5,750 0.1320 4 6,638 0.1524 4 5,750 0.1320 4 5,750 0.1320 1X, BLOCK E 23,371 0.5365 5 5,750 0.1320 5 7,389 0.1696 5 7,420 0.1703 5 5,750 0.1320 5 5,750 0.1320 6 5,750 0.1320 6 6,705 0.1539 6 8,493 0.1950 6 5,750 0.1320 6 5,750 0.1320 7 6,212 0.1426 7 10,239 0.2350 7 12,147 0.2789 7 5,750 0.1320 7 5,750 0.1320 8 6,435 0.1477 8 6,188 0.1420 8 6,452 0.1481 8 6,212 0.1426 8 5,750 0.1320 PRELIMINARY PLAT 9 5,850 0.1343 9 5,775 0.1326 9 5,750 0.1320 9 5,750 0.1320 BIRMINGHAM BLUFFS 10 5,850 0.1343 10 6,000 0.1377 10 5,750 0.1320 10 5,750 0.1320 LOTS 1 - 11, BLOCK A; LOTS 1 - 10, BLOCK B. LOTS 1 - 16, 11 6,483 0.1488 11 6,969 0.1600 11 5,750 0.1320 12 7,355 0.1688 12 5,750 0.1320 BLOCK C; LOTS 1 - 8, BLOCK D & LOTS 1 - 15, BLOCK E 13 7,355 0.1688 13 5,750 0.1320 BEING 18.402 ACRES OF LAND SITUATED IN 14 7,355 0.1688 14 5,750 0.1320 APPLICANT/OWNER: SURVEYOR: D.W. WILLIAMS SURVEY, ABSTRACT NO. 1021 15 7,355 0.1688 15 6,247 0.1434 BIRMINGHAM LOT VENTURE, LTD. STANTEC CONSULTING SERVICES INC. CITY OF WYLIE, COLLIN COUNTY, TEXAS 16 8,012 0.1839 8214 WESTCHESTER DRIVE, SUITE 710 12222 MERIT DRIVE, SUITE 400 TOTAL AREA - 18.402 ACRES DALLAS, TEXAS 75225 DALLAS, TEXAS 75251 60 RESIDENTIAL LOTS PH: (214) 522-4945 PH: (972) 991-0011 CONTACT: JOHN ARNOLD CONTACT: MICHAEL J. MURPHY, R.P.L.S. 4 NON-RESIDENTIAL LOTS TBPLS #10194229 MAY 8, 2018 PROJECT NO. 222210757 SHEET 2 OF 2 V:\2222\active\222210757\survey\10757v_pp.dwg modified by gwiley on May 8, 18 10:40 AM r,,, 1 = ` Wylie City Council f - zt. - . - AGENDA REPORT ,'„i,o r Tea& Meeting Date: June 12, 2018 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 29, 2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Block A, Lot 1 of Auto Tire Shop, creating one commercial lot on 4.14 acres, generally located on State Highway 78 approximately 800 feet west of the intersection of SH78 and Kreymer Lane. Recommendation Motion to approve a Preliminary Plat for Block A, Lot 1 for Auto Tire Shop, creating one commercial lot on 4.14 acres, generally located on State Highway 78 approximately 800 feet west of the intersection of SH78 and Kreymer Lane. Discussion ENGINEER: Mir Consulting Engineers, LLC OWNER: Juwaiter Muhammad The property totals 4.14 acres and the plat will create one lot within a Commercial Corridor (CC) district. The applicant is proposing a minor automotive repair and tire shop of which the site plan was approved by P&Z on May 15, 2018. The plat shall also dedicate the necessary rights-of-way, fire lanes,utility, construction, and drainage easements. The plat complies with the applicable technical requirements of the City of Wylie. Planning & Zoning Commission Discussion: The Commission voted 5-0 to recommend approval subject to additions and alterations as required by the City Engineering Department. (Rev 01/2014) Page 1 of 1 VICINITY MAP PROPERTY OWNER'S CERTIFICATE NOT TO SCALE STATE OF TEXAS § a\Dc �` • I I COUNTY OF COLLIN § Gente��\ I I• • 1 WHEREAS, Juwaitar H Muhammad and Adnan Hesen Selim, are the owners of a tract of land situated in the FRANSISCO DE LA PINA SURVEY,ABSTRACT NO. 688, Collin County, Texas, all of being a tract of 1 I land described in a deed to Juwaitar H Muhammad and Adnan Hesen Selim, as recorded under County Clerk's File Number 20170726000980330 of the Real Property Records, Collin County Texas. The exterior boundary of said Tract of land is further described as follows: BEGINNING at a 1/2-inch iron rod found for the Southwest corner of the said Muhammad/Selim Tract and the Southeast corner of Lot 1, Block A od the Shahi Group Addition as shown by the plat thereof recorded 78 1 z under Document Number 3006-486 of the Plat Records of Collin Count,Texas; 78 I THENCE North 00°54'21"East with the common line of the Muhammad/Selim Tract and the Shahi Group Addition, a distance of 500.00 feet to a capped 1/2-inch iron rod stamped"EAGLE SURVEYING"set for the Northeast corner thereof on the South right-of-way of Highway No. 78; SITE coax o w THENCE South 88°48'36"East along the said South right-of-way a distance of 360.87 feet to a capped 1/2iinch iron rod stamped "EAGLE SURVEYING"set for the Northeast corner of the tract being described herein Devonshire Ln 1 m Q o I I and the Northwest corner of Lot 5, Block A of the Wylie Retail Office Park Addition as shown by the plat thereof recorded in Volume 2013, Page 249 of the said Plat Records; L E >, CITY OF WYLIE LOT 1 R-4RR, BLOCK C, LOT 1 R-5,BLOCK C, LOT 1 R-2, BLOCK C, �p J N U p f E Callie Ct VOL.5678, PG.6127 WOODLAKE VILLAGE • WOODLAKE VILLAGE WOODLAKE VILLAGE > THENCE South 00°54'21"West the West line of the said Wylie Retail Office Park Addition and the East line of the Muhammad/Selim tract, passing at a distance of 248.00 feet a 1/2-inch iron rod found for the Southwest Y T5Ud LOT1R7, BLOCKC, a d R.P.R.C.C.T. I DOC.#2007 31 DOC.#2004 0143897 DOC.#2004-0143897 I 1_ Y 0 WOODLAKE VILLAGE corner of Lot 5 of the said Wylie Retail Office Park Addition, in all, a total distance of 500.00 feet to a 1/2-inch iron rod found at the Southeast corner thereof on the North line of Wyndham Estates, Phase I as shown by L____, Shgr-eppaer L� P.R.C.C.T. 1 P.R.C.C.T. P.R.C.C.T. 0J o o I ADDITION the plat thereof recorded in Cabinet E, Page 101 of the said Plat Records; pp p DOC.#2007-538 U O THENCE North 88°48'36"West with the common line between the Muhammad/Selim Tract and the Wylie Retail Office Park Addition a distance of 360.87 feet to the POINT OF BEGINNING and containing 180,431 P.R.C.C.T. Square Feet or 4.14 acres more or less. S9u1r°Or Old Knoll Dr E Donna Dr E Brown St NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: to That Juwaitar H Muhammad and Adnan Hesen Selim, does hereby adopt this plat designating the herein above described property as , an addition to the City of Wylie,Texas, and En does hereby dedicate, in fee simple,to the public use forever,the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes.The easements 7 O and public use areas, as shown, are dedicated,for the public use forever,for the purposes indicated on this plat. No buildings,fences,trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements may also GENERAL PLAT NOTES HIGHWAY NO. 78 be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's '� _ _ - 1 and City of Wylie's use thereof.The City of Wylie and public utility entities shall have the right to remove VARIABLE WIDTH R.O.W. PER 200 - and keep removed all or parts of any buildings,fences,trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective 1. All interior property corners are marked with a 1/2" iron rod with a green cap stamped "Eagle 6468 systems in said easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, Surveying" unless otherwise noted. z7r inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all O 26'T. P.&L.CO. . o platting ordinances, rules, regulations and VOL.516, PG 426 R.P.R.D.C.T.& 2. This property is located in "Non-shaded Zone X" as scaled from the F.E.M.A. Flood VOL 644,PAGE 324, R.P.R.C.C.T. resolutions of the City of Wylie,Texas. Insurance Rate Map dated April 18, 2011 and is located in Community Number 480194 as �R _ shown on Map Number 48121C0390G. The location of the Flood Zone is approximate, no . - . . - / BSc I S 88°48'36" E 360.87' - _ OWNERS: Juwaitar H Muhammad and Adnan Hesen Selim 132.46' ---� 45.i�v CIRS vertical datum was collected at the time of the survey. For the exact Flood Zone designation, 10'LANDSCAPES �, 84.31' 44,82 -�� 54.2 \ \ SETBACK-BY THIS PLAT °, r'Q �'Il _ - WITNESS, my hand,this the_day of ,20 please contact 1-(877) FEMA MAP. 25'BUILDING LINE-BY THIS PLA� ,$6 j �6� °�>;6��� - BY: 3. The purpose of this plat is to create 1 lots from a tract of land. 7, No N 90 0'00"W 104.62' 45'X5 - 1 c�� 45'X 45' \ r� VISIBILITY TRIANGLE i VISIBILITY TRIANGLE 4. The subject property is zoned "CC" (Commercial Corridor) per the City of Wylie zoning map \ \ 0 PER THIS PLAT -1 \ O PER THIS PLAT / �L�g \ Juwaitar H Muhammad Dated December 2017. N 9Q°Qo'pCW QL0, _ c,� \ o G16 Lo 7 5. The bearings shown on this survey were derived from Western Data Systems RTK Network I 1 G� I- Printed Name and Title and are referenced to the Texas Coordinate System of 1983, North Central Zone (4202)and are 3 c ",, / Ibased on the American Datum of 1983, 2011 Adjustment. C \ \ c\_ /� N 89°56'18"W 117.68' ,�\ G� 0 STATE OF TEXAS § \ / FIRE LANE CROSS,ACCESS �J N 8,E UTILITY EASEMENT G;V COUNTY OF § 6. Elevations tied to City of Wylie control monuments: �5 7 BY THIS PLAT \ G \ N 89°56'18"W 116.85' C'� City of Wylie Monument CM 3, "located on the southwesterly side of Wylie High School football I G�� / N 89°56'18"W 107.61' A \DS �9\ / N BEFORE ME,THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JUWAITAR H MUHAMMAD, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE stadium, and near the northwest corner of Founders Park sports field. ( CO DE LA pIN 688 / \ LOT 5, BLOCK A, FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN N: 7053976.538, E: 2559122.001, (ELEV.)Z: 520.307 I / \ FRANS�ABSTRACT N°' I I WYLIE RETAIL OFFICE PARK ADDITION STATED. SURVEY(, / 1 VOL.2013, PG.249 City of Wylie Monument CM 5, "located north of the northeast intersection of Troy Road and / \ / \ \ / P.R.C.C.T. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF 2018. County Road 732 (Beaver Creek) n F N: 7050245.804, E: 2578669.150, (ELEV.)Z: 454.277 f' \ \ I2\ z w w NOTARY PUBLIC, COUNTY,TEXAS. \ w ✓ LOT 1 w / 7. No appurtenance between the height of 2' and 9' may be placed in the visibility triangles. IN MY COMMISSION EXPIRES \ � � o >- 0 o = J Q O >- c = a LOT 1, BLOCK A, P a w r ¢ o\ Z- - J 1 WITNESS, m hand,this the dayof 20 8. Certificate of Occupancy will not be issued for the property until all the offsite civil SHAH GROUP ADDITION . = / / °.6 cn "i "I °° a O y M 4.14 ACRES M improvements, screening wall, and detention pond are constructed and accepted by the City. DOC.#2006 486 / m o I,, m o - o z o T oo �- /( �- BY: P.R.C.C.T. / ° lc..) o JUWAITAR H MUHAMMAD o ¢ ° ( C - W z o w o AND ADNAN HESEN SELIM o o m �� N z a co CCF#20170726000980330 z I � Lu -5/ . --. I / Adnan Hesen Selim k z I / J R.P.R.C.C.T. z v 1J ° o 4' 1 z O O m 24' ° _� CURVE TABLE Z o \ - Printed Name and Title LINE TABLE 0 I D - -� CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH LINE BEARING DISTANCE ` / 1 o `_ STATE OF TEXAS § C1 28.95' 30.00' 55°17'38" S 62°21'11"W 27.84' C2 50.20' 68.00' 42°17'42" S 69°16'12"W 49.06' L1 N 8800°48'3 " E 10.00' i \ I - I § C3 25.96' 44.00' 33°48'14" N 73°05'53"W 25.58' L2 N 88°55 36 W 10.00'636 /Ga �12 _ COUNTY OF L3 N 44 55'39" E 16.36' C4 11.80' 20.00' 33°48'14" N 73°05'53"W 11.63' L4 S 89°56'00" E 24.74' L - �,� Lco / / / BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ADNAN HESEN SELIM, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING C5 25.96' 44.00' 33°48'14" S 73°05'53" E 25.58' L5 N 00°54'21" E 159.12' L20 G �' 1 INSTRUMENT,AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. C6 11.80' 20.00' 33°48'14" S 73°05'53" E 11.63' --� - N 90°00'00"E 107.61' � G� - , L6 N 90°00'00"W 10.46' �-6 L11 N 88°os'S3°w 80.0 ' N 90°00'00"W�07.61' G,o% C7 30.44' 44.00' 39°38'36" N 70 41 51 E 29.84' L7 N 90°00'00"W 22.15' �4 �. FIRE LANE CROSS,ACCESS / GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF 2018. C8 48.59' 54.00' 51°33'06" N 64°13'27" E 46.96' ° &UTILITY EASEMENT L8 N 90 00 00 W 34.50' N 88°06'53"W 80.05' / C9 23.40' 20.00' 67°01'29" S 56°29'30"W 22.09' 00°54'21" 1Z BY THIS PLAT L9 N E 24.00' C� � G2 � C10 54.16' 44.00' 70°31'39" S 54°50'51"W 50.81' ° ) I N 90°00'00"W 107.91' L10 N 90 00'00" E 34.12' C11 65.23' 44.00' 84°56'22" S 50°43'10" E 59.42' L11 N 90°00'00" E 22.54' / LOT 1, BLOCK A, NOTARY PUBLIC, COUNTY,TEXAS. C12 28.70' 20.00' 82°13'17" N 48°53'22"W 26.30' L12 N 90°00'00" E 10.84' I Z \WYLIE RETAIL OFFICE PARK ADDITION C13 63.01' 44.00' 82°02'41" S 48°58'40" E 57.76' L13 S 00°54'21"W 24.00' P.R.C.C.T. MY COMMISSION EXPIRES C14 30.14' 20.00' 86°20'05" S 51°35'37" E 27.37' L14 S 00°54'21"W 43.09' VOL.2013, PG.249 C15 25.07' 20.00' 71°49'25" N 54°13'25" E 23.46' L15 S 00°54'21"W 24.00' C16 52.45' 44.00' 68°17'48" N 55°51'06" E 49.40' L16 S 89°59'36"W 13.08' / L4 --1I C17 19.88' 28.00' 40°40'18" S 20°24'37"W 19.46' C18 47.12' 30.00' 89°59'00" S 48°41'25" E 42.42' L18 N 00°54'21" E 24.00' �I ' r N 89°53'55"E 70.19' L18 N 00°54'21" E 36.99' 0) CERTIFICATE OF SURVEYOR C19 59.83' 52.00' 65°55'21" S 44°22'24" E 56.58' L19 N 89°59'36" E 13.46' .0 C20 81.68' 52.00' 89°59'57" S 45°00'02"W 73.54' L20 N 90°00'00" E 22.55' I w STATE OF TEXAS C21 43.98' 28.00' 90°00'03" N 44°59'58" E 39.60' L21 N 00°00'28" E 33.21' \ - DRAINAGE&DETENTION = § C22 81.74' 52.00' 90°03'45" N 45°01'49" E 73.58' L22 S 00°04'28"W 40.34' o EASEMENT-BY THIS PLAT COUNTY OF DENTON § C23 43.99' 30.00' 84°00'58" N 48°03'13" E 40.15' ) IC' 1 \� C24 36.48' 30.00' 69°39'58" N 34°45'42"W 34.27' o � I, ERNEST WOORSTER, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AND ACTUAL SURVEY MADE ON THE GROUND AND THAT THE C25 43.95' 28.00' 89°56'21" S 44°58'08" E 39.58' 20'BUILDING LINE-BY THIS PLAT z co C26 43.98' 28.00' 89°59'57" S 45°00'02"W 39.60' _ MONUMENTS SHOWN HEREON WERE FOUND OR PLACED WITH 1/2" IRON RODS CAPPED "EAGLE SURVEYING" UNDER MY DIRECTION AND SUPERVISION IN ACCORDANCE WITH THE CURRENT N 88°48'36"W 105.21' 4 PROVISIONS OF THE TEXAS ADMINISTRATIVE CODE AND THE ORDINANCES OF THE CITY OF , COUNTY,TEXAS. ��� 1,12"IRF - L� _ II IAA C27 43.98' 28.00' 89°59'56" N 45°00'02"W 39.60' - .�-u� 10'LANDSCAPE SETPil-1 -1- K-BY THIS PLAT C28 44.01' 28.00' 90°03'45" N 45°01'49" E 39.62' 15'ALLEY / RF' E�F° . Q`°°G\STER �. - _ N 88°48'36"W 360.87' ao-- - - . - . . - . . - . - _ , ° �� :'c F, , • / \ LOT 21 .� 15 A _ < °°E° R°° ALLEY RN .'STE° LOT 20 - - - .509 zrE LOT 23 • LOT 22 BLOCK A, Passed and adopted by the City Council of the City of Wylie, Texas, this I WYNDHAM ESTATES, PHASE I LOT 19 LOT 18 LOT 17 LOT 16 / LOT 15 �O ° O ESs\� CAB E.,PG. 101 S Ll R� day of 2018. \ I P.R.C.C.T. ERNEST WOORSTER R.P.L.S.#6509 DATE \O `° ° ° ° j • i • • I I rO 1 >- I I I STATE OF TEXAS § Mayor City of Wylie, Texas • I \ 1 Q COUNTY OF DENTON § • 1 1 1 I I . 1 1 1 I I 1 BEFORE INSTRUMENT,AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSESN THIS DAY PERSONALLY APPEARED ERNEST O AND CONSTER, VIDERN OATIONSE O BE THE PERSON WHOSE THEREIN EXPRESSED AND INE HIS E CAPACITY THEREIN STATED.IBED TO THE O FOREGOING ATTEST: \ I City Secretary City of Wylie, Texas I • N j I I I I GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF 2018. 1 ��� , �� v RUSSELL ZAME MARTZ, NOTARY PUBLIC, TARRANT COUNTY,TEXAS. ' OPY Pie RUSSELL Z ' PUBLIC E OF TEXAS mai ' A 173572-0 4 MY COMMISSION EXPIRES DULY 12,2020 ' 9'F of sue+ , .EXPIRESJULY12,2020 4 A APPROVED AS TO FORM: 'i CITY PROJECT NUMBER I 18-XXXX 1 1 City Attorney City of Wylie, Texas 1" = 50' This Plat is Recorded: 1 0 25 50 Volume or Cabinet , Page or Slide Plat Records Collin County, Texas PRELIMINARY PLAT LEGEND SURVEYOR ENGINEER OWNER AUTO TIRE SHOP EAGLE SURVEYING, LLC MIR CONSULTING ENGINEERS, LLC First Speedy Auto, Inc. EAGLE SURVEYING, LLC 0 = BLOCK = CENTERLINE •F ROAD JOB #: 17-04-09-02 210 SOUTH ELM STREET LOTS 1 , BLOCK A 210 SOUTH ELM STREET 2727 LBJ Freeway, Suite 927 101 East Buckingham Road POB = POINT OF BEGINNING P.R.C.C.T. = PLAT RECORDS, COLLIN SUITE: 104 Dallas, TX 75234 Garland, Texas 75040 DATE: 5/3/2018 SUITE: 104 COUNTY, TEXAS DENTON, TX 76201 (214)235-8845 EAGLEDENTON, TX 76201 BEING 4.14 ACRES OF LAND SITUATED IN THE IRF = IRON ROD FOUND R.P.R.C.C.T. = REAL PROPERTY RECORDS, 940.222.3009 DRAWN BY: KR FRANSISCO DE LA PINA SURVEY, ABSTRACT No. 688 COLLIN COUNTY, TEXAS 940.222.3009 AN ADDITION TO THE CITY OF WYLIE, CIRS = 1/2" CAPPED IRON ROD SET SURVEYING TX FIRM # 10194177 STAMPED "EAGLE SURVEYING" COLLIN COUNTY, TEXAS Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: June 12, 2018 Item Number: 1 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: April 13, 2018 Budgeted Amount: Exhibits: Ordinance, Applications Subject Consider, and act upon, appointments to fill the Board of Ethics vacancies for a term to begin July 1, 2018 and end June 30, 2020. Recommendation Motion to approve, , , and Alternates, and for the Board of Ethics vacancies for a term to begin July 1, 2018 and end June 30, 2020. Discussion Per Ordinance No. 2014-19,prospective Board of Ethics applicants shall be interviewed by the entire City Council. Page 1 of 2 ORDINANCE NO. 2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Wylie desires for all of its citizens to have confidence in integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Offices. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. Section 1. Definitions. In this article: Administrative Board means any board, commission, or other organized body: (1) That has, by law, final decision-making authority on matters within its jurisdiction and that is either: (a) established under the City Charter or by city ordinance, or (b) whose members are all council members or are appointed or confirmed by the City Council; or, (2) Created as a non-profit economic development corporation by the City Council under the authority of the Development Corporation Act of 1979, as amended. Advisory Board means a board, commission, or other organized body other than an Administrative Board, that was created by an act of the City Council whose members are appointed or confirmed by the City Council and are charged with making recommendations to the City Council on matters within its jurisdiction. City Official means a member of the City Council, an Administrative Board, or an Advisory Board. Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an "Economic Interest" in the Ordinance No.2014-19—Code of Ethics Page 1 of 11 property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, City Attorney and/or his law firm, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City." Official Action means: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an Official's duties; or (2) any failure to act, if the Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the Official. Review Panel means the body charged with reviewing and acting on complaints and requests for declaratory relief filed under this article. Section 2. Covered officials. The rules of ethical conduct contained below apply generally to City Officials unless otherwise specified. Section 3. Officials required to comply with both state and local law. Where a City Official's conduct is regulated by a provision of this article and a similar provision of state law, and it is possible to comply with the requirements of both,a City Official shall comply with both. Section 4. Education. The City shall provide training and educational materials to City Officials on their ethical obligations under state law and this article. Such training shall include at least one formal classroom session in each calendar year.All City Officials shall must annually attend the formal training session offered by the City or equivalent training sessions conducted by the Texas Municipal League or similar organizations. The City also shall prepare and distribute written materials on the subject to each City Official at the time of his or her election or appointment to office. Section 5. Ethical values. It is the official policy of the City that: (A) City Officials shall be independent, impartial, and responsible to the citizens of the City; (B) City Officials shall not have a financial interest, and shall not engage in any business, transaction, or professional activity, or incur any obligation that conflicts with the proper discharge of their duties for the City in the public interest. Ordinance No.2014-19—Code of Ethics Page 2 of 11 (C) The principles of personal conduct and ethical behavior that should guide the behavior of City Officials include: 1. A commitment to the public welfare; 2. Respect for the value and dignity of all individuals; 3. Accountability to the citizens of the City; 4. Truthfulness; and 5. Fairness. (D) Under such principles of conduct and ethical behavior, City Officials should: 1. Conduct themselves with integrity and in a manner that merits the trust and support of the public; 2. Be responsible stewards of the taxpayers' resources; and 3. Take no official actions that would result in personal benefit in conflict with the best interests of the City. (E) To implement the principles of conduct and ethical behavior set out above, the City Council has determined that it is advisable to enact rules of ethical conduct to govern City Officials. It is the purpose and intent of City Council to assure a fair opportunity for all of the City's citizens to participate in government, to adopt standards of disclosure and transparency in government, and to promote public trust in government. Section 6. Rules of Ethical Conduct for City Officials. The rules of ethical conduct contained below, are intended not only to serve as a guide for official conduct, but also as a basis for discipline of City Officials who do not abide by them. (A) Appearance on behalf of private interests of others. (1) A member of the City Council shall not appear before the City Council, an Administrative Board or an Advisory Board for the purpose of representing the interests of another person or entity. However, a member of the City Council may, to the extent as otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. Ordinance No.2014-19—Code of Ethics Page 3 of 11 (2) A City Official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the body on which the City Official serves. However, the City Official may, to the extent as otherwise permitted by law, appear before any such body to represent the City Official's own interests or the interests of the City Official's spouse or minor children. (B) Misuse and disclosure of confidential information. (1) It is a violation of this ethics code for a City Official to violate V.T.C.A., Penal Code, § 39.06 (Misuse of Official Information), as amended. (2) A City Official shall not disclose to the public any information that is deemed confidential under any federal, state, local law, or council rules, unless required by law. (C) Restrictions on political activity and political contributions. (1) No City Official or candidate for City Council shall meet with any employee or group of employees of the City for political campaign purposes while such employees are on duty. (2) No City Official shall, directly or indirectly, coerce or attempt to coerce any City employee to: (a) Participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or (b) Refrain from engaging in any lawful political activity. (3) The following actions by City Officials are not prohibited by this section: (a) The making of a general statement encouraging another person to vote in an election; (b) A solicitation of contributions or other support that is directed to the general public or to an association or organization; and (c) The acceptance of a campaign contribution from a City employee. Ordinance No.2014-19—Code of Ethics Page 4 of 11 (4) No City Official shall use, request, or permit the use of City facilities, personnel, equipment, or supplies for the creation or distribution of materials to be used in a political campaign or for any other purpose in support of a political campaign. However, meeting rooms and other City facilities that are made available for use by the public may be used for political purposes by City Officials under the same terms and conditions as they are made available for other public uses (D) Use of cell phones or electronic devices during meetings. City Officials shall refrain from using cell phones or electronic devices during a meeting unless it is for the purpose of accessing agendas and information relevant to the agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials shall step out of the meeting. Text messaging, emails and other written communications shall not be sent during a meeting unless it is an emergency. (E) Use of City letterhead and logo. The City's name, letterhead and logo are not to be used for non-City business or purposes. City Officials shall not use the City letterhead or other materials for personal correspondence, in connection with non-City business such as personal fund raising for charitable causes, endorsements, or other types of personal business. Section 7. Board of Ethics. (A) Creation and appointment. There is hereby created a Board of Ethics to consist of five members and two alternates. The purpose of the Board shall be to issue advisory opinions and waivers on ethical issues arising under this article and to hear inquiries or complaints and issue findings and recommendations regarding alleged violations of this article. Prospective Board of Ethics members shall be interviewed by the entire City Council. (B) Qualifications. (1) All members must live within the city of Wylie city limits. (2) Members may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. (3) No City of Wylie employee can be on the Code of Ethics Board. Ordinance No.2014-19—Code of Ethics Page 5 of 11 (C) Terms of appointment. No Board of Ethics member may serve more than two (2) consecutive years (with the exception of the inception to achieve staggered terms.) (D) Removal. The unexcused absence of any member of the Board of Ethics from three (3) consecutive meetings, unless the Board has excused the absence for good and sufficient reasons as determined by the Board, shall constitute a resignation from the Board. A member may be removed for inappropriate conduct before the expiration of the member's term. Before removing a member, the Board of Ethics shall specify the cause for a recommendation of removal and shall give the member the opportunity to make a personal explanation. Then the recommendation shall be brought to the City Council for an official vote by Council. If the recommendation is regarding a City Council member that member shall be exempt from the vote. E. Consultation with city attorney. The Board of Ethics may consult with the city attorney or a designee of the city attorney regarding legal issues which may arise in connection with this article and may request advisory assistance from the city attorney in conducting hearings on inquiries during any stage of the process. F. Advisory opinions and waivers. (1) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request to the Board of Ethics for advisory opinions on whether any conduct by that person would constitute a violation of the Code of Ethics. The Board of Ethics shall render an advisory opinion pursuant to written rules adopted by the Board, but in no case shall the Board take longer than six (6) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an expected issuance date. (2) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request for a waiver of any provision of the Code of Ethics. The Board of Ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the City. The Board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The Board shall Ordinance No.2014-19—Code of Ethics Page 6 of 11 either issue or deny the waiver within six (6) weeks of receiving the request. G. Complaints or inquiries to the Board of Ethics. Any person may file an official written complaint or inquiry with the Board of Ethics asking whether a current elected officials or board/commissions member has failed to comply with this code of ethics. Prior to review by the Board of Ethics, the city attorney shall first determine the following: (1) If the Board of Ethics has jurisdiction over the alleged violation, and; (2) If the alleged violation, if true, would or would not constitute a violation of this article. Subject to the rules adopted by the Council pursuant to section 7.H., the Board of Ethics shall: (1) Conduct a hearing in a meeting, which shall be open to the public on all official written complaints or inquiries which have not been dismissed pursuant to paragraph G of section 7 or resolved under paragraph F of section 7. (2) Except as otherwise provided in this article, make public written findings and recommendations, if any, on complaints or inquiries. Board findings should characterize the seriousness of the violation, if any. (3) The City Manager or the City Attorney shall inform the person who is the subject of the complaint or inquiry and the person who submitted the complaint or inquiry of the Boards' findings, and recommendations; and (4) If the Board feels corrective action may be necessary, it must make its recommendations to the City Council in writing. The Board may propose actions appropriate to the finding, ranging from a recommendation that the person abstain from further action on the matter or seek a waiver, to adopting a resolution reprimanding the person. (H) Procedures for complaints or inquiries. The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or Ordinance No. 2014-19—Code of Ethics Page 7 of 11 inquiry and the person who is the subject of the complaint or inquiry. In addition to rules which the Board may in its discretion adopt, the rules shall: (1) Establish time lines for all aspects of its handling of complaints or inquiries. The time lines shall be sufficiently long to enable a person who is the subject of a complaint or inquiry to have adequate time to understand the complaint or inquiry and prepare a response. The rules shall allow the Board to alter the time lines upon a request of the subject of a complaint or inquiry for more time to prepare; (2) Require the complaint or inquiry to be in writing on a form approved by the Board, to be signed, and to show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The rules shall require the complaint or inquiry to describe the facts that constitute the violation of this Code of Ethics in sufficient detail so that the Board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged; (3) Prohibit the Board from accepting complaints or inquiries about actions that took place or became known to the complainant more than six (6) months prior to the date of filing; (4) Require the Board to notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed. The rules shall require the Board to provide the notification in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed. The rules shall require the notification to include a copy of the full complaint or inquiry; a copy of any portion of this article that is alleged to have been or that may be violated; and the Board's rules for dealing with complaints or inquiries; (5) Require the Board to provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of a complaint or inquiry prior to screening by the Board as required in below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint or inquiry until the screening process in below has been completed; (6) Require the Board or a committee of the Board to meet within thirty- one (31) days of receiving a complaint or inquiry to screen the Ordinance No.2014-19—Code of Ethics Page 8 of 11 complaint or inquiry. The rules shall allow the Board to immediately dismiss a complaint or inquiry if: a. The alleged violation is a minor or de minimis violation; b. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment; c. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected officials or board/commissions member; d. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under section 7.F. permitting the conduct. The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public. (7) Require the Board to have hearings at meetings, which are open to the public on complaints or inquiries, which have not been dismissed pursuant to paragraph G of this section or resolved under paragraph F of this section. (8) Allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint or inquiry and the subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing; (9) Require deliberations on complaints or inquiries to be conducted in open session; (10) Allow the Board to dismiss a complaint or inquiry without a finding for or against the subject of the complaint or inquiry if the person committed the violation due to oversight and comes into voluntary compliance; (11) Allow the Board to dismiss a complaint or inquiry if the person who submitted it does not appear at hearing and if, in the opinion of the Board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. The rules shall, however, require the Board to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry; Ordinance No.2014-19—Code of Ethics Page 9 of 11 (12) Require the Board to base a finding of a violation upon [clear and convincing evidence]; (13) Require the Board to inform the person who submitted the complaint or inquiry and the subject of the complaint or inquiry in writing if it believes a complaint or inquiry is frivolous, groundless, or brought for purposes of harassment; (14) Prohibit members who have not been present for the hearing from participating in a recommendation; (15) Require that findings and recommendations be made only by a majority of the Board; (16) Allow the Board to consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern; (17) Allow the Board to issue an advisory opinion in response to a complaint or inquiry, in lieu of making findings and recommendations,where deemed appropriate by the Board. Section 8. Other Obligations. This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. Section 9. Effective Date. This Code of Ethics shall take effect on May 28, 2014, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. Ordinance No. 2014-19—Code of Ethics Page 10 of 11 Section 10. Distribution and Training. (A) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. (B) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. Section 11. Severability. If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. LDULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 20th day of May, 2014. ,t,:eoff Eric Hogue, M q ATTESTED AND : cret:: 4 % iiiikt 'I(T.- \ .�I�tfi( DATES OF PUBLICATION: May 28,2014 in the Wylie News �M��RRAD,% _`♦ 01887. �`% -�7'E OF 4S�� Ordinance No.2014-19—Code of Ethics Page 11 of 11 • CS( l2 fJrliarinvisinlle Emirs • Murphy Monitor • The Princeton Herald • ;/-Saclr.e NCl1.'S • THE WYLIE NEWS media /3 Co )\- (C STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba 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. 2014-19 was published in said newspaper on the following dates, to-wit: May 28, 2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2014 to certify which witness my hand and seal of office. r Notary Public i for ~ r� Sonia A. Duggan ' iv. Commission ExpiresThe State of Tex s ot< 09-02-20I6 My commission expires Murphy Office• 110 N.Ballard•P.O.Boy 369•W)lic.TX 7 098•972 442 .SSI S•lay 9-2 142 4 Iti F}rnmtrsyIllt-Princeton Office• 101 S.iAtun•I'.O.Bur 'I2•Farmersv tile,"I X 75442•972 784-6397•tar 9r2-782-'023 May 28 - May 29,2014 • ORDINANCE NO.2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFFECTIVE DATE OF THIS ORDINANCE ; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. 3-1t-26-339 ITY OLIE Board of Ethics Application F WY Personal Information First Name * Last Name * DOB* Peter McCann 8/19/1966 Reese provide your full legal first and last ram. Registered Voter* Are you a regstered voter? P Yes r No Voter Registration W-et Canty are you registered h? County* Collin Contact I nformation Phone No. * Att. Phone No. E-mail* 309-706-4131 ex:123-456-7890 petemccann8@aol.com ex:123-456-7890 Address* 1707 Bristol Drive * Few long have you been a WyNe resident? 1 year 9 months You mast be a Wyse resident to serve on this board. Employment Information .. ........... .... .... ................................................................................................................................... Occupation Manager; State Farm Ins. Code of Ethics Acknowledgement Please read the below ordinance Acknowledgment & Signature ........... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ... . I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in Section 10{A} of the Ordinance. If appointed, I agree to serve a two year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature SAW e1?Wov Date * 04/2112018 ITY OLIE Board of Ethics Application F WY Personal Information First Name * Last Name * DOB* David Perryman 8/14/1952 Pease provide your full legal first and last Werra. Registered Voter* Are you a registered voter? G Yes r No Voter Registration W-et Canty are you registered h? County* Collin Contact I nformation Phone No. * Aft. Phone No. E-mail* 469-438-6651 469-438-4451 gpflc)wer2872@hotmail.com ex:123-456-7890 ex:123456-7M Address* 1303 Huntsville Drive * Flow long have you been a WyNe resident? 13 years You mast be a WyNe resident to serve on this board. Employment Information .. ........... .... .......................................................................................................................................... Occupation Retired Code of Ethics Acknowledgement Please read the below ordinance Acknowledgment & Signature ........... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ... . I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in Section 10{A} of the Ordinance. If appointed, I agree to serve a two year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature Date * 04/30/2018 Board of Ethics Application CITY OF WYL1E • Personal Information First Name* Last Name* DOB* Stephen Sanders 1/17/1966 Pease provide your full legal first and last nacre. Registered Voter* Are you a registered voter? r Yes C No Voter Registration What County my are you registered in? County* Collin Contact Information Phone No.* Alt.Phone No. E-mail* 972-841-6256 ex:123-456r7890 steveofwylie@yahoo.com ex:123-456-7890 Address* 3506 Olivia Dr Wylie, TX 75098 * How long have you been a Wylie resident? 12+Years You rrust be a Wylie resident to serve on this board. Employment Information Occupation Accounting Manager Code of Ethics Acknowledgement A Rease read the below ordinance ............................................................................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... Acknowledgment & Signature I have reviewed Ordinance No.2014-19, City of Wylie Code of Ethics, above as required in Section 10(A)of the Ordinance. If appointed, I agree to serve a Mu year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature * Date* 02/26/2018 oard of Ethics Application ci, QF Wn1E Personal Information First Name* Last Name DOB * Anthony Taylor 2122/1972 Please provide your fall legal first and last rkarre. Registered Voter * Are you a registered voter? r Yes r No Voter Registration NAhat Dxmty are you registered in? County* Collin Contact Information Phone No.* Alt. Phone No. E-mail* 817-300-3433 ex:123-45&7890 taylormade00@yahoo.com ex:123-456-7890 Address* 2003 Fairway Bead ❑r., Wylie TX 75098 * Fbw long have you been a Wylie resident? 11 years You must be a Wylie resident to serve on tins board. Employment Information ....................................... . Occupation Digital !Marketing Director Code of Ethics Acknowledgement ^ lase read the bellow ordinance ........................................................................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... Acknowledgment & Signature ..................... I have reviewed Ordinance W. 2014-19, City of Wylie Code of Ethics, above as required in Section 10{A} of the Ordinance. If appointed, I agree to serve a two year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature * Date * 03/21/2018 ITY OLIE Board of Ethics Application F WY Personal Information First Name * Last Name * DOB* Sha reern Taylor 10/24/1974 Pease provide your full legal first and last name. Registered Voter* Are you a registered voter? G Yes r No Voter Registration W-et Canty are you registered h? County* Collin Contact I nformation Phone No. * Alt. Phone No. E-mail* 4697129713 2145013532 reemy_diva@me.com ex:123-456-7890 ex:12345&7890 Address* 2117 Central Park Dr * Flow long have you been a WyNe resident? 5 yrs You mist be a WyNe resident to serve on this board. Employment Information .. ........... .... ......................................................................................................................................... Occupation Sr. IT Business Systems Manager Code of Ethics Acknowledgement Please read the below ordinance Acknowledgment & Signature ........... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ... . I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in Section 10{A} of the Ordinance. If appointed, I agree to serve a two year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature ­)FOlywr� Date * 04/16/2018 -IL 13-E-Itly tcp:..--,,, i r-4 ,( ;I—Mr:, City Council - zt. - AGENDA REPORT - ,�„i,«n . Meeting Date: April24,2018 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 11,2018 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, a Change in zoning from Agricultural (AG/30) to Heavy Industrial (HI),property generally located at the intersection of Lynda Lane and Forrest Ross Road. ZC2018-07 Recommendation Motion to approve a change of zoning Agricultural (AG/30) to Heavy Industrial (HI), property generally located at the intersection of Lynda Lane and Forrest Ross Road. ZC2018-07 Discussion Owner: North Texas Municipal Water District Applicant: CP&Y,Inc. The applicant is requesting to rezone 4.134 acres of unplatted land from Agricultural to Heavy Industrial. This rezoning request includes a preliminary plat exhibit for reference only and a Concept Plan for the development of a water operations center for the North Texas Municipal Water District. The preliminary plat exhibit depicts the boundaries of the subject tract, and shows the realignment of Lynda Lane to connect to Forrest Ross Road. The water operations center measures 14,343 square feet and will be providing 90 parking spaces. The maximum height of the facility is the mechanical room at 26'-4". The mechanical room does not contain windows. The primary portion of the building is 16'-8" in height. The site design layout provides 3 points of access and a 24' wide drive. The exterior elevations of the building will be comprised of stone and brick and complies with the architectural offset design standards of the zoning ordinance. The overall site, landscape, and architectural design complies with the design requirements of the zoning ordinance. The building will house 45 technical staff in an office-type occupancy and a Control Room (SCADA). The floor plan includes a 450-square foot Conference Room, and a 1,500-square foot Training Room. At present the Control Room is intended to monitor and manage the water delivery component of the District's operations. At some point in the future, the Control Room may be expanded to include a Wastewater monitoring and management SCADA operations component. The Control Room is intended to be both secure and accessible for observation by visitors to the plant. In the event of community emergencies such as severe storms,tornados,wildfires,power outages and similar,the large Training Room will be employed as an Emergency Operations Center. This area of the building will meet the ICC 500 requirement and is considered a tornado shelter (Rev 01/2014) Page 1 of 2 Page 2 of 2 The property is bordered by NTMWD facilities on all sides but the east. The adjacent properties to the east across from Forrest Ross Road are developed with a residential planned development with single family homes. The proposed building sits at least 300' from the nearest residential structure. The land use map of the comprehensive master plan identifies this site as being in the General Urban Sector. The intended use for the water operations center is an allowed use within the General Urban Sector. If approved, a Final Site Plan,Preliminary Plat and Final Plat will be required for review and approval. Notifications/Responses: Sixteen(16) notifications were mailed; with two responses returned in opposition at the time of posting. PLANNING&ZONING COMMISSION DISCUSSION: Commissioners asked about roads and access. Staff stated that there will be 3 access points to the property. In addition, the applicant stated that this site was chosen due to public access for training and is adjacent to Operations Facility. Even though the use is office building and will not be Heavy Industrial, all the existing property of NTMWD is zoned Heavy Industrial. The intent is to have consistency of all the property. The facility will house a laboratory for testing water, The applicant further stated that there will be no noise or odor. The Commissioners voted 5-0 to recommend approval of the request. i Lavon Lake . .FdRKPARK. ' r. i r- i 1 - acl1 ILVIODc ? - IA Gfn elit) - , , aOREOM laiu. t • ,o\ ........, .,.. Tim ! 4. - /Li , ------____ IFil'ill iiP -#..n.,kit I - nxiNE.62' ub prec i ---7%— , ' .,--• \_---_-0-__ I 1 1 . F, , , , . 0,0 :hp 0111:11 Pi g' Cil Wilii • .1, 4 +- Subject •I J ' _.1 :I, • �. Property --Y— - j J41 • _.i & O.t BARK . ! ! ima \NS i 4000 '` 05Cyo - c O. 0 _.• 460.. 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ILYNIIA LN 47EE0 r R-668E-001.07401 NORTH TEXAS MUNICIPAL WATER DISTRICT PO BOY 24611 -WYLIE TX 75090E44A A06a6 f OE IA Pima SURVEY I 14 ABS ADMF DI LA PIRA S.IRVEY.ENWET 1,TRACT 74,49.1116 ACRES WYLIE,TX 7509E -- — '1YNOAW 7570941 R.6611.002.07701 NORTH TEXAS MUNICIPAL WATER DISTRICT PO BOX 140E .WYUE TX 75091.2 0666 F DE LA PIN*SURVEY 2 72 488 A0666 F DE IA PIRA SURVEY,SHEET 2.TRACT 77,5.032 ACRES WYLIE,TX 75091 --__-- -. - I SKYViOW OR 257500E R 6631.002.0290.1 NORTH TEXASMUNKIPAL WATER DISTRICT PO BOX 2400 WYUE TX 75091.240E A061 BSOR 1 FOE LA PINA SURVEY .' 29 A AM F DE LA MLA SURVEY.SHEET I.TRACT 29,76.932E ACRES wYUE.TX 75093 1Yio SPENCERLN 2615529 R-9222-00A-0010.1 CONOOR BRIAN W 1 DEBRA KCY0ANIK '19005PENCERLN WYLIE ,TX 7509E-6000 S9212 WYLIE LAKE SPHASE IA ICWYI A 11 1115.E LAKES PHASE TA ICWYI,BLK A,LOT 1 WYDE,TX 7509E 717 IRELAND WAY 26155 .R.9727A011-0010.1 SILL EVANGELIN CALMA 7_1T IRELAND WAY If TX 7509E-6011592J2 WYLIE LAKES PRIM IA ICWWYUEYI B 11 09E LAKES PHASE IA KINK.BLA B.LOT 1 WYUE.1X1509E 1907 SPENCER TN 2615534 14-9772_004-00201 .HARIMANMORAND P II I(11041I1H 1902 SPENCERLN IE TX 7509E 1.71E9227_ WYUE LAKE SPHASE IA ICWYI A I; WWI TAXIS PHASE IA ICWYI,BLK A.1O1 2 TX 7509E MOS SPENCER LH 26155 RSR-9722-00A-0030-I MULIER WENDYK _ 1904 SPENCERLN WYLIE TX 7509E-6003159227 WYLIE LAKES PHASE LA ICWYI IA 3 1WYLIE LAKES PHASE TA ICWYI.BEI A.LOT TX75�E -/ 16 SCOTLAND WAY 26)5541 R.9121.004-00931 MAIRKEL ERK%coil 66ENII4 ANN B16 SCOTLAND WAY IE TX 750904011 59222 WYIE LAKES PHASE IA ICWYI, 9 WTLLE LAKES PHASE IA ICWYI,BLA A.LOT 9 WYUE,TX7509S 814 SCOTLAND WAY 41 7615542 A-9722-00A-0100.1 SCHOELER CYNTHIACE ALFREDP _ _3141COTIAND WAY WYUE TX 7509E-60135922E WYLIE LAKES PHASE IA ICWYI jA 10 �WYUE LAKES PHASE TAICWYi.BLXA LOT ID WYLIE.TX 7509E 12 SCOTLAND WAY 211554E R.9722-004.0119.1 WRIG111 IEOIA&JAMES HUDSON 312 N.uTUWD WAY WYUE Ix __ 7509E-60j S}212 WYLIE LAKES PHASE LA ICWYI A 11 WYUE LAKES PHASE IA ICWYI.BLA A.LOT 11 WYLIE,TX 7509E FOREST ROSS RD 2615554 09722-004-07401 WYUE CITY OF 300 COUNTRY CLUE OR BLEIG 100 WYLIE TX 7509I•30001S9222 WYLIE LAKES PHASE IA ICWYI A 74 WYLIE LAKES PHASE'Alt WI;,BLK A.50T 24.OPEN SPACE O Y.IE,TX 75091 _ - — e 7151REARD WAY 261555 r R-9727.00840920E UN 14SI WEN&SAMANTHA A J15 IRELAND WAY WHIE R 1i090#all-1 w4llE LAKES PHASE w ICWYI I 2 WINE 1.501E PHASE SA ICW!1,BLX B.LOT 2 TX 7509E -- - - - --— — 713 IRELAND WAT 26155 R.9222 c06-00131 DAYS GERALD M 713 IRELAND WAY waif TX 75093-6011 9272 WYLIE LAKES PHASE LA ICWYI B 3 WYLIE LAKES PHASE IA ICWYI.BLAB,14T 3 WYLIE,TX 7509E .�, AI IRELAND WAY 2615559 R-9222-00B-00L0-1 SANDERS JEFFREY E S.NNMFER D )11 IRELAND WAY WYLIE 2X 75093.6MM WYLIE LAKES PHASE IA ICSVYI 6 4 WYUF LAKES PHASE IA ICWYI.BLK B,LOT WYLIE,TX 75091 17091RELAND WAY 2615s '.R-9227.0004X501 SAMUEL BARRYEU2MA 709IRELAND WAY WYUE TX 7509E-6011 9212 WYLIE LAKE S PHASE IA ICWYI 6 x WYIJEUXESPIVISEIA ICWYI.BLX6,LOTS WYUE,TX75095 —.. - T-- ---- - J70T IRELAND WAY 2615561 R-9722-01323-0060-1 STONE CRAG SHELTON&KAI-HEW 707 IREIAND WAY WIDE TX 7509E-6011 9222 WYLIE LAKES PHASE IA ICWY1 6 6 WYLIE LAKES PLEASE IAICWS,BLK B,LOT 6 WYUE 7X75091 -- _- - 7d IRELAND WAY 2615561 R-9727-00B-0070 I IGNACIO DEM14A 6 PAUL 70S IRELAND WAY WYLIE TX 7509E-6011 59222 WYLIE LAKES PHASE LA ICWY1 I ' wag LAKES PHASE 1A ICVVYI.BLK B,LOT 7 WYUE TX 75091 1 - 703 IRELAND WAY 2615563 R-9227-008-0080-I NICHOLSON IAMB B 6 SHERYL L 703 IRELAND WAY WYLIE T7 '75096.6011 59222 WYLIE LAKES PHASE IA ICWYI 6 I WYLIE IKES PHASE IAICYVYI,am 6.LOT B 1 WYUE TX 7509E VOL IRELAND WAY 26155 R-9722.0000090.E KUYKENDALL ERIKR 7011RELAN0 WAY WILE TX 75091.601E 59222 WYLIE LAKES PHASE IAICWYI B 9 WYLIE LAKES PHASE IA ICW71,BLK B.LOT 9 IwIUE TX7509E I .. . `FOREST BOSS RD 261 'R-9222-666.052D WYU I ECITY OF 300 0OUNTRYCLU6 DR BLD0100 WYLIE TX 7509E-3.2129 121 'WAIF LAKES PHASE IA ICW'l B 51 WYLIE MAN),PHASE IA WY9,BLK B,LOT 52,OPEN SPACE `WYLIE,TX7509S 5J1111116 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 �/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2018-07. _` I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2018-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday.May 15,2018,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 12,2018,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: - A`>✓lr-aD P -std.!o e. Ela (please print) Address; V y -Sc� -1 4�✓� I.JA� Signature: '��h�' Datc: ._ 3 - 1ei3/ - COMMENTS: ,4t, tn./ Q' ,�,.1 's F4 4�S 147 c.Ary,4Aa_ A4HY AMA) 1v P,ir,IG y f 4 1/:�,,I, An/ °C C.C.- 8wrc.o.r✓Cs i/OM 4.o B+c Aa s o .7 Za.cse 1 ce Sr7 wak Arts a 1, a,,,d l..l alone- 42-e r l� oef 921) A s Nri� AGSir.r./ Fen, Arian . WL /4 c.4.4:Ao Goy %?- �Nreit4s00A-c-- �ri9�fL- C- tj, rfr Art ofi G 814r. -{Apf Cat, %rrvs Sao pA,./v Ar l•/e- Ccwcs.r+�G-._ r .�� L1/IGL Si: /� �ita�F,� Nic.fr.4N —c 1nr ,p qn/ O . Sul ...1,,Ore �dcs .rQ. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 l am FOR the requested zoning as explained on the attached public notice for Zoning Case#2018-07. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2018-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday.May 15,2018,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,June 12,2018,6:00 pm Municipal Complex,300 Country Club Road,Building I00,Wylie.Texas Name; /I 5 r L17J (please print) Address: 71 S 1 &1-JIk. k `' /A)qt./ & 1 ix. 7 SO? b Signature: Date: S 7 - I (F'j COMMENTS: 1 aAt1E 1k Ct} r CeR-ICI 11x,u APtTtok)prc- 1izAr�L i 14 - Conr.STtz.0 X ol`] (.,1/.4_ ?R-1w-C3• TNE_ TAt rL TRa IPA FP (3Q BANKS /Lgcs.tDA /FotzP /2c6 /, ALP-EbyP A ?QoBLEA/1 l ! 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FT2-a4A 13ur -bMr 5orfty- OiiaE1Z a I4AA1 F1'1 0F t .t I3urLbi '_ Wylie City Council C,Alli:ITY of WYLIE AGENDA REPORT q Meeting Date: June 12,2018 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: Stephanie Storm Account Code: Date Prepared: May 24,2018 Budgeted Amount: Exhibits: Panel Recommendations Subject Consider, and act upon, the recommendations of the 2018 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1,2018 and end June 30,2020/21. Recommendation Motion to approve, the recommendations of the 2018 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission,Library Board,Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1,2018 and end June 30,2020/21. Discussion Article 8, Section IA of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability, and the tenure of each board, commission,and committee. The Public Information Officer and City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWYLIE,Facebook, and contacting current board and commission members to determine if they wished to seek re-appointment. Staff also utilized the City's Website by offering application submittals on-line. An interview panel, consisting of three council members was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session with the Boards and Commission Council Interview Panel. Council members appointed by the Wylie City Council for 2018 are: Mayor pro tern Keith Stephens, Chair; Councilman David Dahl, and Councilman Matthew Porter. The Panel met with applicants on Tuesday, May 29, 2018 and Wednesday,May 30, 2018 to conduct interviews and deliberate their choices to recommend to the full council. Page 1 of 2 The Council feels that the entire process is helpful to them in making appointments and offers an opportunity to understand some of the visions the applicants have for the community. The 2018 Boards and Commission Council Interview Panel have attached their recommendations for Council consideration and action. In addition to the applicant positions recommended, the panel has recommended replacements should a vacancy occur for some of the positions. Some boards with designated alternates were not issued replacements. Vacant positions during the year will be filled with current applicants as those vacancies occur. All replacement appointments will come before Council for final approval. The attached recommendations may be made in one motion, if all recommendations are approved by Council. RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS,the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three (3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23`d day of May 2006. John ondy, ayor ATTEST: SEAL Caro e Ehrlich, ecretary • r = :—. • ; Resolution No.2006-17(R) Boards and Commission Interview Process 2018 INTERVIEW PANEL FINAL RECOMMENDATIONS PLACE NAME SEEKING RE-APPOINTMENT APPLICANT AWARDED POSITION ANIMAL SHELTER ADVISORY BOARD 1 David Dahl(Public Off.) Yes David Dahl 3 Brad Abraham,DVM No Brad Abraham, DVM 4 Princess Stewart No Amber Porter 5 Brad Boozer Yes Brad Boozer R1 Brandon Bressert 7M" 1 Brett Swendig Yes Brett Swendig 2 Dale Davenport No Eugene Hauptman 3 Sunil Verma Yes Sunil Verma Alt. Robert Reynolds No Asher Almas Alt. Eugene Hauptman 1 year term Craig Allen Alt. John Straube HISTORIC REVIEW COMMISSION ME 4 Bob Heath No Deborah Hall 5 Mandi Wilson No Kevin Finnell 6 Sandra Stone Yes Sandra Stone LIBRARY BOARD .11111111 6 Kenneth Cash Yes Kenneth Cash 7 Jesse Meason Yes Jesse Meason R1 Karen Hallman PARKS&RECREATION BOARD 1 Phillip Gilbert Yes Phillip Gilbert 4 Joni Robinson Yes Joni Robinson 6 Emmett Jones Yes Emmett Jones 7 Matt Rose Yes Matt Rose R1 Brett Swendig R2 Terry Comingore 2018 INTERVIEW PANEL FINAL RECOMMENDATIONS 1 Eric Hogue 3 Diane Culver No 4 David Dahl PLANNING&ZONING COMMISSION 1 Jade Duan Yes Jade Duan 4 Ronald Smith Yes Ronald Smith 5 Randy Owens Yes Randy Owens 7 Roger Myers No Cory Plunk R1 Charla Riner R2 Tim Gilchrist PUBLIC ARTS ADISORY BOARD 4 Michael Schwerin Yes Michael Schwerin 5 Lynn Grimes No Lily Courtney 6 Lisa Green No Marjorie Bennett 7 Brooke Lopez Yes Ross Grant R1 Jerry Settler WYLIE ECONOMIC DEVELOPMENT BOARD 3 Demond Dawkins Yes Demond Dawkins 4 John Yeager Yes John Yeager ZONING BOARD OF ADJUSTMENTS 2 Jason Potts Yes Jason Potts 3 Andres Gonzalez Yes Andres Gonzalez 4 Kevin Finnell Yes Byron Betler 5 Robert Holcomb No Kevin Lanier Alt Kevin Lanier Yes Robert Blair Alt Robert Reynolds No Lisa Shields '" DFIp te `� Wylie City Council AGENDA REPORT Meeting Date: June 12,2018 Item Number: 4 Department: Wylie Fire Rescue (City Secretary's Use Only) Prepared By: Finance Account Code: 100-5231-58570 Date Prepared: June 1,2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2018-19 amending Ordinance No. 2017-26 (2017-2018 Budget) in the amount of $93,000.00 for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2018-19 amending Ordinance No. 2017-26 (2017-2018 Budget) in the amount of$93,000 for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Discussion Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included the construction of several four story buildings with the most recent being Holiday Inn. A remodel for Fire Station 2 is needed for the following three reasons. The first is to add on a longer apparatus bay to accommodate a new 109' aerial apparatus. The second is to address the station sleeping dorm arrangement to accommodate mixed gender. And finally, to create a station fitness area to reduce the direct inhalation of diesel exhaust fumes. The National Institute for Occupational Safety and Health (NIOSH) have determined that reducing firefighter's exposure to continued inhalation of diesel exhaust fumes can reduce cancer exposures. Staff is recommending allocating funds, in the amount of $93,000.00, to fund the design and engineering portion of this project. Page 1 of 1 ORDINANCE NO. 2018-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2017-26 (2017-2018 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $93,000.00 IN THE GENERAL FUND FOR THE PURPOSE OF FUNDING THE ENGINEERING AND DESIGN SERVICES ASSOCIATED WITH THE REMODEL OF FIRE STATION #2 LOCATED AT 555 COUNTRY CLUB ROAD; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") desires to amend Ordinance No. 2017-26 (2017-2018 Budget) of the City of Wylie, Texas ("Wylie") for the purpose of appropriating funds in the General Fund for the purpose of funding the engineering and design services associated with the remodel of Fire Station#2; and WHEREAS, the estimated cost of the design and engineering services is ninety-three thousand dollars ($93,000.00); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2017-26 (2017-2018 Budget) as set forth above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2017-26 (2017-2018 Budget). Ordinance No. 2017-26 (2017-2018 Budget) is hereby amended to allow for the following appropriation: Ninety-three thousand dollars and 00/100 ($93,000.00) shall be appropriated to Expense Account 100-5231-58570 in the General Fund. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. Ordinance No.2018-19-Amending Ordinance No.2017-26(2017-2018 budget)and approving an appropriation of funds in the amount of$93,000.00 associated with the remodel of fire station#2 SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of June, 2018. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Ordinance No.2018-19-Amending Ordinance No.2017-26(2017-2018 budget)and approving an appropriation of funds in the amount of$93,000.00 associated with the remodel of fire station#2 f..- 1r,,, ir -----‘, ,t.,\ Wylie City Council - zt.. - . - AGENDA REPORT ,'„I.«n . Meeting Date: June 12, 2018 Item Number: 5 Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 100-5231-58570 Date Prepared: June 6, 2018 Budgeted Amount: $93,000.00 Exhibits: Subject Consider, and act upon, the award of a Professional Services Project Order(PSPO) #W2018-75-E for Design Services for the Remodel of Fire Station 2 to McCarthy Architecture Inc. in the amount of$93,000.00 and authorizing the City Manager to execute any necessary documents. Recommendation A motion to award a professional services project order (PSPO) #W2018-75-E for Design Services for the Remodel of Fire Station 2 to McCarthy Architecture Inc. in the amount of$93,000.00 and authorizing the City Manager to execute any necessary documents. Discussion Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included the construction of several four story buildings with the most recent being Holiday Inn. A remodel for Fire Station 2 is needed for the following three reasons. The first is to add on a longer apparatus bay to accommodate a new 109' aerial apparatus. The second is to address the station sleeping dorm arrangement to accommodate mixed gender. And finally, to create a station fitness area to reduce the direct inhalation of diesel exhaust fumes. The National Institute for Occupational Safety and Health (NIOSH) have determined that reducing firefighter's exposure to continued inhalation of diesel exhaust fumes can reduce cancer exposures. In accordance with Government Code 2254, staff has completed a comprehensive review of the submittals for Category C (Architecture), and has deemed McCarthy Architecture Inc. to be the most qualified to provide design services for the remodel of Fire Station 2. PSPO W2018-75-E is issued under Master Agreement for Professional and Engineering Services (MAPES #W2017-76-A-C). (Rev 01/2014) Page 1 of 1 '" DFIp te `� Wylie City Council AGENDA REPORT 114PT.TAP' Meeting Date: June 12,2018 Item Number: 6 Department: Wylie Fire Rescue (City Secretary's Use Only) Prepared By: Finance Account Code: 133-5643-58510 Date Prepared: June 1,2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2018-20 amending Ordinance No. 2017-26 (2017-2018 Budget) in the amount of$1,300,000.00 for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2018-20 amending Ordinance No. 2017-26 (2017-2018 Budget) in the amount of$1,300,000.00 for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Discussion Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included the construction of several four story buildings with the most recent being Holiday Inn. The continued growth has created the need for a quint with a longer aerial ladder. The new quint will have a 109' ladder which will allow the fire department to access existing and new apartment and commercial buildings. The new quint is a replacement for Unit 116, which is 11 years old and will be housed at Fire Station 2. Unit 116 will move to reserve status. Staff is recommending allocating funds in the amount of$1,300,000.00 to fund the purchase of the new quint. Page 1 of 1 ORDINANCE NO. 2018-20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2017-26 (2017-2018 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $1,300,000.00 IN THE FIRE DEVELOPMENT FUND FOR THE PURPOSE OF FUNDING THE PURCHASE OF A NEW QUINT FOR THE WYLIE FIRE / RESCUE DEPARTMENT; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") desires to amend Ordinance No. 2017-26 (2017-2018 Budget) of the City of Wylie, Texas ("Wylie") for the purpose of appropriating funds to the Fire Development Fund for the purpose of purchasing new equipment; and WHEREAS, the estimated cost of the new equipment is one million three hundred thousand dollars ($1,300,000.00); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2017-26 (2017-2018 Budget) as set forth above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2017-26 (2017-2018 Budget). Ordinance No. 2017-26 (2017-2018 Budget) is hereby amended to allow for the following appropriation: One million three hundred thousand dollars and 00/100 ($1,300,000.00) shall be appropriated to Expense Account 133-5643-58510 of the Fire Development Fund. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. Ordinance 2018-20-Amending Ordinance No.2017-26(2017-2018 budget)and approving an appropriation of funds in the amount of$1,300,000.00 for the purchase of a new quint for the Wylie Fire/Rescue Department SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of June, 2018. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Ordinance 2018-20-Amending Ordinance No.2017-26(2017-2018 budget)and approving an appropriation of funds in the amount of$1,300,000.00 for the purchase of a new quint for the Wylie Fire/Rescue Department C°) C� L IrTh O �J 3 CC � Ccd rrl (nj oho f � Budget Work Session Agenda Presentation of FY 2018-2019 Budget Workshop General Discussions Assumptions Affecting FY 2018 - 2019 Budget Property Value is estimated to increase by 11% for budget purposes. 2018 Sales Tax is projected to come in 8% below budget; 2019 Sales Tax assumption is flat from projected FY 2017-2018. Home Starts are projected to increase from 350 to 600. Estimated 15% increase in health insurance costs - $416k included. Public Safety FY 2018-2019 step increase estimated at $61k included. Merit Increases projected at an average 3% for non-sworn personnel (effective Jan '19) estimated cost to the General Fund of $237k included. Assessed PropertyValuations $4,500 $4.16B* $3.78B $4,000 $3.32B .••. $3,500 $2.928 C $3,000 $2.62B •— $2.27B $2.42B ' $2,500 C $2,000 4J $1,500 fa $1,000 $500 $0 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-2019 New $50 $60 $58 $94 $145 $154 $189 • Existing $2,221 $2,357 $2,561 $2,827 $3,180 $3,623 $3,970 City of Wylie - Average Single Family Home Value for FY 2018-2019: $262,156 Collin County- Average Single Family Home Value for FY 2018-2019: $364,693 * Certified preliminary assessed property valuation. 4 Total Annu Sa es Tax aI IReceipts $12,000,000 $10,509,504 $10,400,000* $10,400,000** $11,000,000 $9,927,025 $10,000,000 $8,767,139 $9,000,000 $7,730,527 . . . Vf $7,416,684 " $8,000,000 O $7,000,000 C $6,000,000 4J $5,000,000 I 3 1$4,000,000 $3,000,000 $2,000,000 I - $1,000,000 $0 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-2019 * Based on FY 2017-2018 budget (projected at 92%) ** Based on 0% increase over FY 2017-2018 projected amount 5 Total Sales Tax Revenue Year-Over-Year Comparison $1,150,000 $1,100,000 $1,050,000 $1,000,00o N rts $950,000 O $900,000 / -0 \41"1""kikii.... $850,000 C v $800,000 N a) $750,000 - $700,000 ra $650,000 $600,000 $550,000 $500,000 - January February March April May June • t FY 2017 $785,389 $1,106,791 $766,591 $675,337 $979,265 $766,930 f FY 2018 $767,583 $1,102,671 $731,410 $653,940 $814,829 $797,649 6 General Fund Projected Revenues FY 2018- 2019 - 42 900 158 $2,273,616 $196,500 5% $3,543,800 $507,500 1% i $26,300,542 8% N� I 61% $1,099,200—N / 3% Ad Valorem Taxes-$26,300,542 $1,061,000 •Sales Taxes-$5,229,000 3% Franchise Fees-$2,689,000 $2,689,000 Licenses&Permits-$1,061,000 6% Intergovernmental Revenues-$1,099,200 Service Fees-$3,543,800 —Court Fees-$507,500 •Interest&Misc. Income-$196,500 •Transfers from Other Funds-$2,273,616 $5,229,000 12% General Fund Expenditures 6v Function FY 2018- 2019 - 40 505 811 $4,774,989 12/ $10,860,365 $3,423,357 27% 8% -\ $1,441,801 4% -\ Ili lin General Government-$10,860,365 •Public Safety-$20,005,299 Urban Development-$1,441,801 Streets-$3,423,357 Community Services-$4,774,989 $20,005,299 49% General Fund Balance Excess FY 2018- 2019 Revenue $42,900,158 (a) Less Expenditures $40,505,811 (b) $2,394,347 New FY 2019 Requests Personnel Requests $1,665,841 (incl. salary, benefits and recurring costs) New Positions (19), Upgraded Positions (9) Equipment Associated with Personnel Requests $286,519 Non-Personnel $2,246,023 Personnel and Equipment Requests $4,198,383 (a) Based on 11% increase in assessed values & current tax rate. (b) Includes FY 2018-19 Step Increases for Public Safety ($61k increase). Includes 15% estimated increase in health insurance ($416k increase to GF). Includes 3% merit for Non-Public Safety ($237k increase to GF) General Fund Estimated Balance FY 2018- 2019 GF Fund Balance Estimate: Required based on estimated exp. in 2019 Goal: 25% $10,725,040 (a) Est. 09/30/2018 $14,554,085 (b) Est. 09/30/2019 $13,254,085 (c) Excess Fund Balance $2,529,045 (a) It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. (b) Based on FY 2017-18 projected revenues and expenditures plus the use of$93,000 of fund balance for architectural services for the Fire Station #2 remodel. (c) Based on balanced budget (Revenues = Expenditures) plus the use of$1,300,000 of fund balance for the Fire Station #2 remodel. This Fund Balance is 31% of expenditures. io Tax Rate Information 0.920000 0.910000 0.900000 0.888900 0.883900 0.890000 • 0.878900 • 0.880000 0.868900 0.870000 .'\ 0.860000 0.848900 0.850000 0.840000 0.830000 0.820000 0.810000 0.800000 0.790000 0.781000_ 0.781000 0.780000 • 0.770000 0.760000 1 1 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 * A % cent difference in tax rate equals $209,613 in property tax revenue to the City & a $13.11 difference in annual property taxes paid on a home with an average value of $262,156. Property Tax History - Example 1 Tax Assessed Homestead Tax Rate(per$100 of valuation) Tax Assessment(by entity) Total Year Value % Exemption(WI5D) Wylie City % Wylie ISD Collin County Collin College Wylie City % Wylie ISD Collin County Collin College Tax Assessment 2017 $263,922 10.00% $25,000 0.781000 -8.00% 1.640000 0.192246 0.079810 $2,061.23 1.20% $3,918.32 $507.38 $210.64 $6,697.58 2016 $239,929 4.98% $25,000 0.848900 -2.30% 1.640000 0.208395 0.081222 $2,036.76 2.57% $3,524.84 $500.00 $194.88 $6,256.49 2015 $228,537 7.49% $25,000 0.868900 -1.14% 1.640000 0.225000 0.081960 $1,985.76 6.26% $3,338.01 $514.21 $187.31 $6,025.34 2014 $212,620 8.02% $15,000 0.878900 -0.57% 1.640000 0.235000 0.081960 $1,868.72 7.40% $3,240.97 $499.66 $174.26 $5,783.68 2013 $196,843 -0.69% $15,000 0.883900 -0.56% 1.640000 0.237500 0.083643 $1,739.90 -1.25% $2,982.23 $467.50 $164.65 $5,354.26 2012 $198,207 1.48% $15,000 0.888900 -1.11% 1.640000 0.240000 0.086299 $1,761.86 0.35% $3,004.59 $475.70 $171.05 $5,413.21 2011 $195,318 0.65% $15,000 0.898900 0.00% 1.640000 0.240000 0.086300 $1,755.71 0.65% $2,957.22 $468.76 $168.56 $5,350.26 2010 $194,048 0.92% $15,000 0.898900 0.00% 1.640000 0.240000 0.086300 $1,744.30 0.92% $2,936.39 $465.72 $167.46 $5,313.87 2009 $192,279 -3.27% $15,000 0.898900 0.00% 1.590000 0.242500 0.086300 $1,728.40 -3.27% $2,818.74 $466.28 $165.94 $5,179.31 2008 $198,772 $15,000 0.898900 1.510000 0.242500 0.086493 $1,786.76 $2,774.96 $482.02 $171.92 $5,215.66 %Change 32.78% -13.12% 8.61% -20.72% -7.73% 15.36% 41.20% 5.26% 22.52% 28.41% Change from 2008 to 2017 $274.47 $1,143.36 $25.36 $38.71 $1,481.91 Note: The Appraisal District's 2017"Tax Year"corresponds to the City's 2017-2018"Budget Year". Wylwood Estates TAX ASSESSMENT (by entity) 2008 - 2017 $4,000 0.920000 $3,750 $3,500 0.900000 $3,250 0.880000 $3,000 $2,750 0.860000 C. $2,500 e $2,250 0.840000 a) H $2,000 0.820000 X $1,750 F $1,500 0.800000 $1,250 0.780000 $1,000 $750 0.760000 $500 $250 , 0.740000 - $0 0.720000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Wylie City Wylie ISD Collin County -Collin College Wylie City Tax Rate 12 Property Tax History - Example 2 Tax Assessed Homestead Tax Rate(per$100 of valuation) Tax Assessment(by entity) Total Year Value % Exemption(WISD) Wylie City % Wylie ISD Collin County Collin College Wylie City % Wylie ISD Collin County Collin College Tax Assessment 2017 $389,972 4.52% $25,000 0.781000 -8.00% 1.640000 0.192246 0.079810 $3,045.68 -3.84% $5,985.54 $749.71 $311.24 $10,092.13 2016 $373,108 7.50% $25,000 0.848900 -2.30% 1.640000 0.208395 0.081222 $3,167.31 5.03% $5,708.97 $777.54 $303.05 $9,956.92 2015 $347,077 4.77% $25,000 0.868900 -1.14% 1.640000 0.225000 0.081960 $3,015.75 3.58% $5,282.06 $780.92 $284.46 $9,363.24 2014 $331,269 -3.76% $15,000 0.878900 -0.57% 1.640000 0.235000 0.081960 $2,911.52 -4.30% $5,186.81 $778.48 $271.51 $9,148.28 2013 $344,195 -3.86% $15,000 0.883900 -0.56% 1.640000 0.237500 0.083643 $3,042.34 -4.40% $5,398.80 $817.46 $287.90 $9,546.45 2012 $358,000 2.69% $15,000 0.888900 -1.11% 1.640000 0.240000 0.086299 $3,182.26 1.55% $5,625.20 $859.20 $308.95 $9,975.63 2011 $348,618 -10.06% $15,000 0.898900 0.00% 1.640000 0.240000 0.086300 $3,133.73 -10.06% $5,471.34 $836.68 $300.86 $9,742.50 2010 $387,613 7.63% $15,000 0.898900 0.00% 1.640000 0.240000 0.086300 $3,484.25 7.63% $6,110.85 $930.27 $334.51 $10,859.96 2009 $360,134 3.03% $15,000 0.898900 0.00% 1.590000 0.242500 0.086300 $3,237.24 3.03% $5,487.63 $873.32 $310.80 $9,909.03 2008 $349,540 $15,000 0.898900 1.510000 0.242500 0.086493 $3,142.02 $5,051.55 $847.63 $302.33 $9,343.53 %Change 11.57% -13.12% 8.61% -20.72% -7.73% -3.07% 18.49% -11.55% 2.95% 8.01% Change from 2008 to 2017 -$96.33 $933.99 -$97.93 $8.91 $748.59 Note: The Appraisal District's 2017"Tax Year"corresponds to the City's 2017-2018"Budget Year". Collins Estates TAX ASSESSMENT (by entity) 2008 - 2017 $6,500 0.920000 $6,000 0.900000 $5,500 $5,000 0.880000 $4 5O0 0.860000 C E $4,000 0.840000 in y $3,500 ix Vf 0.820000 Q $3,000 X co $2 500 0.800000 $2,000 0.780000 $1,500 0.760000 $1,000 $500 0.740000 $0 0.720000 2010 2011 2012 2013 2014 2015 2016 2017 Wylie City Wylie ISD Collin County Collin College ii Wylie City Tax Rate 13 Debt Service Expenditures $10,000,000 $9,000,000 $8,00O,000 rM-II N ruri . i . 0 N n N ' cr ' p 00QlCr) iMi %�-1 LMfl � 4 Lfl � Lfl I� n n 00 W O ro N 0 $6,000,000 i I I I I I I I I I ._ $5,000,000 w $4,000,000 I I I I I I > $3,000,000 I $2,000,000 c c r-i Ln OI $1,000,000 I a N I $0 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 * Property Tax Supported Debt - Based on current debt schedules. FY 2018-2019 Recommended Key Budget Points No new requests included at this time. Funding is included for Public Safety step increases ($61k). Estimated health insurance increase of 15% is included in base budget ($416k). Funding is included for average 3% merit-based increase for non-sworn personnel ($237k). Questions ? City Manager Mindy Manson 972-516-6018 mindy.manson@wylietexas.gov Finance Director Melissa Beard 972-516-6122 melissa. beardCc�w�lietexas. ow ,6