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10-09-2018 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Regular Meeting Agenda October 9, 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 0o Employee Milestone Anniversary 0o Proclamation Declaring October 7-13,2018 as Fire Prevention Week in the City of Wylie October 9,2018 Wylie City Council Regular Meeting Agenda Page 2 of 4 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 September 25, 2018 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, Ordinance No. 2018-28 setting the time and place for all regular City Council Meetings in the 2019 calendar year. (S. Storm, City Secretary) C. Consider, and recognize, a name change to the State of Minnesota Region 5 Service Cooperative Interlocal Cooperative Purchasing Agreement from NJPA to Sourcewell as previously approved in Resolution No. 2015-02(R). (G. Hayes, Purchasing Manager) D. Consider, and act upon, the approval of the purchase of a 12 Yard Sewer and Catch Basin Vac Truck from Houston Freightliner in the amount of $363,232.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC HT06-18), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 30, 2018. (S. Satterwhite, WEDC Director) F. Consider, and act upon, Ordinance No. 2018-29 to amend PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway. ZC 2018-10 (R. 011ie, Development Services Director) G. Consider, and act upon, approval of a Final Plat for Kreymer East, Phase 1, creating 84 residential lots and 2 open space lots on 26.871 acres, generally located on W.A. Allen Blvd and north of Foxwood Lane. (R. 011ie, Development Services Director) REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a request to rezone a lot from Light Industrial (LI) to Planning Development — Light Industrial/Commercial Corridor (CC- LI/CC), property generally located 300' from the northwest corner of Hooper and Steel Roads. ZC 2018-12. (R. 011ie, Development Services Director) Executive Summary The applicant is requesting to rezone a 2.9 acre property located off the northwest corner of Hooper and Steel Roads. The property is generally bordered by LI zoned property with A/30 zoning to the north. October 9,2018 Wylie City Council Regular Meeting Agenda Page 3 of 4 Tabled from 09-25-2018 Remove from table and consider 2. Consider, and act upon, Ordinance No. 2018-27 amending Ordinance No. 2007-06 Chapter 18 Animals, Section 18-9 Livestock and Fowl, establishing standards for allowing chickens within city limits. (R. 011ie, Development Services Director) Executive Summary At its work session held July 24, 2018,the City Council directed Staff to draft an ordinance that would allow chickens within the city limits of Wylie under certain guidelines. The current ordinance states that no person shall keep chickens, ducks, turkeys, geese,peacocks or guineas within the corporate limits of the city, except in lakes, public parks or as allowed by the Comprehensive Zoning Ordinance. The Zoning_Ordinance only allows chickens on a commercial basis on land that is a minimum of 5 acres and zoned Agricultural 30 District. 3. Consider, and act upon, Resolution No. 2018-35(R) authorizing the City Manager to execute a Tower Site Lease Agreement between the City of Wylie, Texas and T-Mobile West LLC. (C. Hoisted, Asst. City Manager) Executive Summary Earlier this year, T-Mobile approached the City about locating facilities on the Decker Court Elevated Storage Tank. Since that time they have met with staff to identify an area for the ground equipment as well as performed structural analysis on the tank for the equipment attachment. See Exhibit `C' for the facilities to be located on the tank pedestal and the site. 4. Consider, and act upon, the award of a professional services project order (PSPO) #W2019- 8-E for engineering and design services for the FM 544 (Stone Road Phase 3) from north of Alfred Drive to Vinson Road to Freese & Nichols, Inc. in the amount of $991,500.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Executive Summary This PSPO is for the design of FM 544 from a 2-lane asphalt road to a 4-lane divided concrete roadway section with 5 foot sidewalks and an underground drainage system. The limits of the project are from the existing 4-lane pavement section near Alfred Drive at the north, to the intersection with Vinson Road and County Line Road at the south. The project will include an evaluation of a roundabout option for the intersection of Vinson Rd and County Line Rd and if feasible, include a Work Session presentation to City Council about roundabouts. Collin County is co-funding 50% of the projected project maximum cost of $10,042,500.00 through an Interlocal agreement signed 10/15/2008(Court Order No. 2008-862-10-14). READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attomey 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. October 9,2018 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I certify that this Notice of Meeting was posted on October 5, 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.wylielexas.gov. Stephanie Storm,City Secretary Date Notice Removed ' m. Oi 6. .. , OP 4j4 Wv I r. # S ww * ,,,,,, , , . .„ , , 0 , , , . . , a . , „ 1, , . , , , ,0 , , , ! ,,, �..., TTT , , ., :a `, tr F ..�. ` ,,�,aw , v k ax ° `�,4xx,x Wylie City Council Minutes Regular Meeting Tuesday, September 25, 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 Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Stephanie Storm took roll call with the following City Council members present: Mayor pro tern Keith Stephens, Councilman Matthew Porter, Councilman Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy Wallis, and Councilman David Dahl. Staff present included: Assistant City Manager Chris Hoisted; Police Chief Anthony Henderson; Fire Chief Brent Parker; Development Services Director Renae 011ie; Project Engineer Wes Lawson; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Public Works Director Tim Porter; Building Official Bret McCullough; WEDC Director Sam Satterwhite; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tern Stephens gave the invocation and the Councilman Porter led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. No citizens were present wishing to address Council. 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 September 11, 2018 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) Minutes September 25,2018 Wylie City Council Page 1 B. Consider, and act upon, approval of a Final Plat for Crossroads Davis Storage Addition, creating a single commercial lot on 7.142 acres, generally located in the City of Wylie ETJ west of Taylor Lane and south of Parker Road (8318 E. Parker Road). (R. 011ie, Development Services Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2018. (M. Beard, Finance Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31,2018. (M. Beard, Finance Director) E. Consider, and act upon, approving the Financial Management Policies. (M. Beard, Finance Director) F. Consider, and act upon, Resolution No. 2018-34(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (M. Beard, Finance Director) G. Consider, and act upon, a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 4, 2018. (R. Diaz, Parks & Recreation Director) Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilwoman Arrington, to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Tabled from 08-14-2018 Remove from table and consider Council Action A motion was made by Councilman Porter, seconded by Councilman Dahl, to remove Item 1 from table and consider. A vote was taken and the motion passed 7-0. 1. Hold a Public Hearing and consider, and act upon, an amendment to PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway (ZC 2018-10). (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating the applicant is requesting to amend PD 2017-17 to allow for on,street parallel parking for the amenity centers. The changes made to the PD conditions since the August 14 meeting include the HOA maintaining the inset parking spaces, and the specific amenities have been spelt out to include: tract A-3 will be minimum of 2,000 square feet and include meeting room, fitness center, craft room, kitchenette, two bathrooms, pool, fire pit, bocce ball court, golf putting green, and a dog park. Tract A-4 includes a pool with deck area and two bathrooms. Minutes September 25, 2018 Wylie City Council Page 2 Applicant Comments Anthony Natale, representing Grenadier Homes, addressed Council giving a presentation about the proposed parking for the amenity centers. Council Comments Mayor Hogue asked if there would be signage for the amenity center parking only. Natale replied they could add signage that says "reserved for amenity center parking," and designate one spot for the mail carrier. Councilman Porter asked if the inset parking would have handicap parking available. Jay Volk replied that ADA compliance will be done in the community. Public Hearing Mayor Hogue opened the public hearing on ZC 2018-10 at 6:27 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:27 p.m. Council Action A motion was made by Councilman Forrester, seconded by Councilman Dahl, to approve an amendment to PD 2017-17 to allow on-street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway (ZC 2018-10). A vote was taken and the motion passed 6-1 with Mayor Hogue voting against. 2. Consider, and act upon, Ordinance No. 2018-27 amending Ordinance No. 2007-06 Chapter 18 Animals, Section 18-9 Livestock and Fowl, establishing standards for allowing chickens within city limits. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating at the work session held July 24, 2018, the City Council directed staff to draft an ordinance that would allow chickens within the city limits of Wylie under certain guidelines. Of the cities surveyed, five require a permit, and eight do not. If no permit is required, there would be no inspections of the location or type of enclosure installed. Enforcement measures are outlined in the ordinance and would be conducted by Animal Control. If a permit is required, the permitting/inspections process would be handled through the Building Inspections Department. Enforcement would be through Animal Control. The proposed ordinance allows no more than eight chickens, which must be kept in an enclosure located in the rear yard of a residential dwelling and be provided a shelter with a minimum of 3 square feet of floor space per hen. Roosters or other loud fowl are prohibited. Enclosure must be a minimum of 25 feet from an adjacent dwelling. Animal Control Supervisor Patton addressed Council stating that, if the proposed ordinance is approved, she would like to have resources in place to provide citizens an alternate location for chickens brought in to the shelter. At the current location, they are limited on space. Patton also suggested a registration process for the chickens. Citizen Comments Minutes September 25,2018 Wylie City Council Page 3 Celia Lemons, Wylie resident, addressed Council in favor of allowing chickens in city limits and spoke regarding flock registration, surrendering chickens, the size of the coop and run, and the fence around the coop. Council Comments Mayor Hogue, Mayor pro tern Stephens, and Councilmen Forrester, Porter, and Dahl had questions regarding the fence requirements included in the proposed ordinance. Councilman Dahl stated the more restrictive the ordinance, the more enforcement is required. He recommended that the ordinance be reviewed one year after it is put in place to see if any changes need to be made. Councilman. Wallis suggested a flock license be put in place instead of requiring a permit. Councilman Forrester stated that good behavior cannot be governed; it's less about governing owners of chickens but setting the ordinance so that it's not disruptive to other individuals in the public. Direction of the council was for staff to come back with a new ordinance to set standard guidelines and reasonable rules, and include a flock registration, but to not be burdensome on the homeowner. Council Action A motion was made by Councilman Dahl, seconded by Councilman Forrester, to table Item 2 until the October 9, 2018 City Council meeting to allow staff time to assemble comments and direction from this meeting. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, the award of a professional services project order (PSPO) #W2018- 113-E for engineering and design services for the Ballard Avenue Elevated Water Storage Tank to Birkhoff, Hendricks & Carter, LLP in the amount of$283,500.00; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl, to award a professional. services project order (PSPO) #W2018-113-E for engineering and design services for the Ballard Avenue Elevated Water Storage Tank to Birkhoff, Hendricks & Carter, LLP in the amount of $283,500.00 and authorizing the City Manager to execute any necessary documents. A vote was taken and the motion passed 7-0. Mayor Hogue convened into work session at 7:25 p.m. WORK SESSION co Hold a work session to update council on the remodel of Fire Station 2. (B. Parker, Fire Chief) Staff Comments Fire Chief Parker addressed Council giving a brief update on the remodel of Fire Station 2 and sought direction for moving forward with the project. Minutes September 25, 2018 Wylie City Council Page 4 Council Comments Consensus of the Council was to move forward with the next phase which is to bring a contractor on board. 00 Hold a work session to discuss the status and development of the property located at 802 West Kirby. (C. Holsted, Asst. City Manager) Staff Comments Assistant City Manager Holsted addressed Council giving a brief update on the status and development of the property located at 802 West Kirby. Holsted stated the EDC and City are currently working on a formal development agreement for the property, which would include the following: WEDC markets the property; WEDC performs the development work; expenses on City property are reimbursed as property is sold; City/WEDC fund improvements that benefit both tracts are split 50%/50%; improvements that benefit the City tract are funded 100% by the City; and monthly expenditure reports will be presented with monthly WEDC financials. Holsted reported that expenses to date on the City tract total approximately $138,713 which includes environmental services, flood plain study, engineering services, grading, and monthly maintenance. An additional $57,544 is outstanding for environmental work. The taxes due upon the sale of the City property total $461,308, and market value of the City front pad site is estimated at$941,000. Council Comments Consensus of the Council was to move forward with bringing back a formal development agreement with WEDC. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into regular session at 7:45 p.m. Mayor Hogue convened into executive session at 7:45 pm. EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. 0o Consider the sale or acquisition of property located at 5`h Street and State Highway 78. RECONVENE INTO OPEN SESSION Mayor Hogue reconvened into regular session at 8:09 p.m. Minutes September 25,2018 Wylie City Council Page 5 ADJOURNMENT A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens,to adjourn the meeting at 8:09 p.m. A vote was taken and the motion passed 7-0. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes September 25,2018 Wylie City Council Page 6 Wylie City Council AGENDA REPORT Meeting Date: October 9, 2018 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: September 12, 2018 Budgeted Amount: Exhibits: Ordinance & Calendar Subject Consider, and act upon, Ordinance No. 2018-28 setting the time and place for all regular City Council Meetings in the 2019 calendar year. Recommendation A motion to approve, Ordinance No. 2018-28 setting the time for 6:00 p.m. and place for all regular City Council Meetings in the 2019 calendar year. Discussion The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. By this Ordinance, the dates and times of all regular meetings in 2019 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. Page 1 of 1 ORDINANCE NO. 2018-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2019. FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for the calendar year 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2019 (January through October) and on the 2nd Tuesday in November and December, 2019, which shall be on the following dates: January 8 and 22, 2019 July 9 and 23, 2019 February 12 and 26, 2019 August 13 and 27, 2019 March 12 and 26, 2019 September 10 and 24, 2019 April 9 and 23, 2019 October 8 and 22, 2019 May 14 and 28, 2019 November 12, 2019 June 11 and 25, 2019 December 10, 2019 SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 4: The City Council's regular meetings shall generally begin at 6:00 p.m. and are usually held at 300 Country Club Road, Building #100, Wylie, Texas in the City Council meeting chambers in City Hall; however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. Ordinance No. 2018-28 Ordinance Establishing Meeting Dates-Calendar Year 2019 Page 1 of 2 SECTION 5: 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 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7: 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 the 9th day of October, 2018. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Ordinance No. 2018-28 Ordinance Establishing Meeting Dates-Calendar Year 2019 Page 2 of 2 2019 Wylie City Council Yearly Calendar January February < March S ` M. 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Hayes Account Code: Various Date Prepared: 9/19/18 Budgeted Amount: City of Wylie Resolution No. 2015-02(R); State of Minnesota Resolution Exhibits: No. 2018-07 Subject Consider, and recognize, a name change to the State of Minnesota Region 5 Service Cooperative Interlocal Cooperative Purchasing Agreement from NJPA to Sourcewell as previously approved in Resolution No. 2015- 02(R) Recommendation A motion to recognize the name change to the State of Minnesota Region 5 Service Cooperative Interlocal Cooperative Purchasing Agreement from NJPA to Sourcewell as previously approved in Resolution No. 2015- 02(R) Discussion At the January 13, 2015 City of Wylie City Council meeting, an interlocal purchasing agreement was approved between the City and the State of Minnesota Region 5 Service Cooperative known as the National Joint Powers Alliance (NJPA). Approval of this agreement allows the City to make purchases of goods and services that are competitively bid by other agencies and thus satisfy any requirements of the City to seek competitive bids for such purchases. Effective June 6, 2018, the Board of Directors for Region 5 Service Cooperative signed a resolution to rebrand the cooperative and implement bylaws for the establishment of"Sourcewell" as its legal organization name. Staff recommends the approval of an amendment to existing Resolution No. 2015-02(R) recognizing the new organization name as "Sourcewell". (Rev 01/2014) Page 1 of 1 u E FGI mer 4 yNJ P\ June 6, 2018 The National Joint Powers Alliance(NJPA)will formally be known as Sourcewell beginning June 6, 2018, The NJPA Board of Directors on May 15, 2018 voted to approve changing the organization's name to Sourcewell. Documentation has been formally submitted for Sourcewell to be registered and trademarked, both federally and in Minnesota,with the appropriate agencies. Sourcewell has worked intentionally to mitigate the implications of this change to current and potential members,currently awarded vendors, and other existing partners. After June 6th, 2018,Sourcewell will maintain and continue to recognize the National Joint Powers Alliance name. Membership agreements, contracts, and agreements entered into with the National Joint Powers Alliance will remain valid and continue in effect without impact.This will ensure contractual continuity and safeguard any disruptions to engagement with Sourcewell.This includes membership, use of cooperative purchasing contracts, or other contractual engagements. cer- Marcus Miler General Counsel and Director of Government Relations 202 12th Street NE I P.D:Box 219 I Staples,MN 5647 88 894 1930 N stsmali-taxi .? STATE OF MINNESOTA COUNTY OF TODD RESOLUTION ESTABLISHING CORPORATE AND AGENCY NAME FOR REGION 5 SERVICE COOPERATIVE AS SOURCEWELL(F/K/A National Joint Powers Alliance) Resolution No. 2018-07 WHEREAS, the Board of Directors previously authorized and directed staff undertake all actions necessary and sufficient to "rebrand" Region 5 Service Cooperative; and WHEREAS, after careful study and consideration, the name Sourcewell was chosen as the legal, organizational, and agency name for Region 5 Service Cooperative; and WHEREAS, the organizational bylaws were duly adopted, ratified and approved and became effective as of the May 2018 Board of Directors meeting; and WHEREAS. Article 1, Section 1 of said bylaws establishes Sourcewell as the legal organizational name for Region 5 Service Cooperative; and WHEREAS, Minnesota Statutes, § 123A.21 provides that the "care, management, and control" of Region 5 Service Cooperative is vested in its Board of Directors,including the power and authority to establish the legal name of the organization. NOW THEREFORE BE IT RESOLVED by the Board of Directors as follows: 1, The name National Joint Powers Alliance is replaced and the legal, organizational, and agency name of Region 5 Service Cooperative is Sourcewell. 2, The official and effective date of this change is June 6, 2018. 3, All prior contracts and other legal obligations established or incurred under the name National Joint Powers Alliance remain in full force and effect. 4. All contracts or other legal obligations undertaken on and after June 6, 2018 shall be executed and performed in the name Sourcewell. 5. This Resolution is effective upon signature and shall henceforth serve as sufficient and official proof and evidence of the legal, organizational and agency name for Region 5 Service Cooperative. 6. The Executive Director, or his designee, is authorized and directed to provide copies of this resolution to third parties as requested or required and to affix the same to legal documents when necessary. i Chairperson, Sourceweli Board of Directors ATTEST: i Clerk to the Board of Directors RESOLUTION NO.2015-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE NATIONAL JOINT POWER ALLIANCE® AND THE CITY OF WYLIE FOR THE USE OF PROCUREMENT CONTRACTS. WHEREAS, Chapter 271.102 of the Texas Local Government Code does permit Interlocal Agreements between local governments for the purpose of purchasing of goods and services; and WHEREAS,Chapter 271.102 of the Texas Local Government Code does satisfy the requirement of local governments to seek competitive bids for the purchase of goods and services through supplier contracts;and WHEREAS,the City of Wylie is of the opinion that an Interlocal Cooperative Purchasing Agreement between the City of Wylie and NATIONAL JOINT POWERS ALLIANCE®(NJPA)will be highly beneficial to the taxpayers as a result of the anticipated savings to be realized,and; WHEREAS,the competitive solicitation and selection process required that suppliers allow Participating Public Agencies to purchase goods, products and services on the same terms,conditions and pricing as NJPA; subject to the applicable local purchasing ordinances and laws of the state of purchase; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the City of Wylie,Texas is authorized to enroll and participate in the purchasing program known as the NATIONAL JOINT POWERS ALLIANCE®(NJPA)and purchases made through such program shall be deemed to meet the agencies competitive purchasing requirements. SECTION 2: The City manager of the City of Wylie,Texas is hereby authorized to execute, on behalf of the City Council of the City of Wylie,Texas,the Interlocal Agreement between the City of Grand Prairie and the City of Wylie. SECTION 3: A representative of the City of Wylie,Texas named as Glenna Hayes, Purchasing Agent, is authorized to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of the City of Wylie,Texas. SECTION 4: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 13th day of January,2015. \ef ERIC f:`'%Ow AT TO: ri �' ` ROLE ERLI H,City Secretary <.. La x, v J uLF COLO RAOpq� jot Resolution No.2015-02(R) . toll..FE RAILvr Interlocal cooperative purchasing agreement between the National Jo '. I' JPA)and the City of Wylie for the use of the NJPA contracts. Wylie CityCouncil Y Y ` xlm AGENDA REPORT Meeting Date: October 9, 2018 Item Number: D (City Secretary's Use Only) Department: Purchasing Prepared By: G. Hayes Account Code: 611-7514-58510 Date Prepared: 9/27/18 Budgeted Amount: $372,000 Exhibits: Subject Consider, and act upon, the approval of the purchase of a 12 Yard Sewer and Catch Basin Vac Truck from Houston Freightliner in the amount of$363,232.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC HT06-18), and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of a 12 Yard Sewer and Catch Basin Vac Truck from Houston Freightliner in the amount of$363,232.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC HT06-18), and authorizing the City Manager to execute any necessary documents. Discussion The Wastewater Division's existing vactor truck (Unit #167) has been in service for approximately 15 years. With the continued growth and age of the City's collection system, the usage of this equipment is increasing annually. Its age, coupled with increased maintenance costs,has placed the equipment at the end of its expected life cycle. Staff recommends the purchase of a 12 yard sewer and catch basin vactor truck from Houston Freightliner in the amount of$363,232.00 through a cooperative purchasing contract with H-GAC. This equipment is included in the ten(10) year capital plan. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271. Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. HGAC Contract#HT06-18 /Wylie#W2019-9-I (Rev 01/2014) Page 1 of 1 Wylie City Council YLI AGENDA REPORT Meeting Date: October 9, 2018 Item Number: (City Secretary's Use Only) Department: WEDC Prepared By: Sam Satterwhite Account Code: Date Prepared: September 26, 2018 Budgeted Amount: Exhibits: 1 Subject Consider and place on file the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 30, 2018. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 30, 2018. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on August 30, 2018. Page 1 of 1 Wylie Economic Development Corporation Statement of Net Position Aaor August 31'I018 Assets Cash and cash equivalents $ 1'415'075.64 Receivables g 210'000.00 Note Inventories $ 7'899'110.31 Prepaid Items g Total Assets ' $__ s241D5.95 Deferred Outflows of Resources Pensions $ 66,481.5* Total deferred outflows ofresources $ 664D1�55 � Liabilities Accounts Payable and other current liabilities $ 6,768.27 Unearned Revenue $ 120,000.00 Note Non current liabilities: Due within one year $ 95'187.94 Note Due in more than one year $ 3'5]5'515.61 � Total Liabilities 3'75�47z.82 ' = Deferred Inflows of Resources Pensions ' $ _ _ _ <2,839.41> Total deferred inflows ofresources $ <2'839.41> Net Position Net investment in capital assets $ - Unrestricted $ 5'835'035.09 ' Total Net Position $ s'8]�V3s.09 Notez: Includes incentives inthefonmofforghmble loonsfx$210,00 Note 2: Excoomortization;depo*dsƒmm rental property wote3: Liabilities due within one year includes compensated absences of$63,0Z8 Nnte4: The WEDCprovides monetary incentives to companies to relocatelexpand within the City ufWylie. xt August 31,2Gu8,these commitments totaled$548,289 9-17-2018 10:31 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF; AUGUST 31ST, 2018 111-WYLIE ECONOMIC REVEL CORP ACCOUNT* TITLE ASSETS. 1000-10110 CLAIM ON CASH & CASH EQUIV 1,413,075,64 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 ESCROW 0.00 1000-10180 DEPOSITS 2,000,00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1000-12996 LOAN RECEIVABLE 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - FORGIVEABLE LOANS 210,000.00 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 7,899,110.31 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED OUTFLOWS 548,188.81 10,072,374.82 TOTAL ASSETS 10,072,374.82 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0..00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0,00 2000-20113 CREDIT UNION PAYABLE 0..00 2000-20114 IRS LEVY PAYABLE 0,00 2000-20115 NATIONWIDE DEFERRED COMP 0,00 2000-20116 HEALTH INSUR PAY-EMPLOYEE {. 0.01) 2000-20117 TMRS PAYABLE 0,00 2000-20118 ROTH IRA PAYABLE 0.00 2000-201.1.9 WORKERS COMP PAYABLE 0„00 2000-20120 FICA PAYABLE 0,00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0;00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0_00 2000-201.27 EMP. LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 1,108.:,28 2000-20131 EDWARD JONES DEFERRED COMP 0.00 2000-20132 EMP CARE ELITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 48,00 2000-20199 MISC PAYROLL PAYABLE 0._00 9-17-2018 10:31 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF AUGUST 31ST, 2018 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 0.00 2000-20210 ACCOUNTS PAYABLE 5,000.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 548,188.87 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED INFLOW 117,000.00 2000-22275 DEE INFLOW - LEASE PRINCIPAL 0.00 2000-22280 DEFERRED INFLOW - LEASE INT 0.00 2000-22915 RENTAL DEPOSITS 3,000.00 TOTAL LIABILITIES 674,957.14 EQUITY 3000-34110 FUND BALANCE - RESERVED 0.00 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 9,727,718.57 TOTAL BEGINNING EQUITY 9,727,718.57 TOTAL REVENUE 2,259,034.96 TOTAL EXPENSES 2,589,335.85 REVENUE OVER/(UNDER) EXPENSES 330,300.89) TOTAL EQUITY & OVER/(UNDER) 9,397,417.68 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 10,072,374.82 9-17-2018 10:31 AM CITY OF WYLIE PAGE: I BALANCE SHEET AS OF: AUGUST 31ST, 2018 922-GEN LONG TERM DEBT (WEDC) ACCOUNT4 TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0,00 1000-18120 LOAN - BIRMINGHAM 0,00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 1000-19050 GET OUTFLOW - CONTRIBUTIONS 27,922.29 1000-19075 DEF OUTFLOW - INVESTMENT EXP 34,333,48 1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 4,225.78 1000-19125 (GAIN)/LOSS ON ASSUMPTION CHG( 2,839.41) 63,642.14 TOTAL ASSETS 63,642.14 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 90,879.88 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ACCRUED INTEREST PAYABLE 4,847.65 2000-28205 WEDC LOANS/CURRENT 27,312.29 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28232 ANB LOAN/EDGE 0.00 2000-28233 ANB LOAN/PEDDICORD WHITE 486,231.80 2000-28234 ANB LOAN/RANDACK HUGHES 0.00 2000-28235 AND LOAN 0.00 2000-28236 ANB CONSTRUCTION LOAN 0.00 2000-28237 AND LOAN/ WOODBRIDGE PARKWAY 401,725.96 2000-28238 ANB LOAN/BUCHANAN 79,151.81 2000-28239 AND LOAN/JONESAWBART PAYOFF 95,009.40 2000-28240 HUGHES LOAN 0.00 2000-28245 AND LOAN/DALLAS WHIRLPOOL 2,000,000.00 2000-28247 JARRARD LOAN 256,732.51 2000-28250 CITY OF WYLIE LOAN 0,00 2000-28260 PRIME KUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 2000-28290 HOBART/COMMERCE LOAN 0•00 2000-29150 NET PENSION LIABILITY 188,812,17 TOTAL LIABILITIES 3,630,703.55 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 4,368,437.30) 3000-35900 UNRESTRICTED NET POSITION 114,969.00) TOTAL BEGINNING EQUITY ( 4,483,406.30) TOTAL REVENUE 0.00 TOTAL EXPENSES ( 916,344.89) 9-17-2018 10:31 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OFF AUGUST 31ST, 2018 922-GEN LONG TERM DEBT (WEDC) ACCOUNT4 TITLE REVENUE OVER/(UNDER) EXPENSES 916,344.89 TOTAL EQUITY & OVER/(UNDER) ( 3,567,061.41.) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 63,642.14 9-17-2018 10:32 AM CITY OF WYLIE PAGE;,. 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2018 111-WYLIF. ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 2,831,474.00 249,589;.63 0,00 1,865,435,15 0.00 966,038.85 65.88 INTERGOVERNMENTAL REV. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST INCOME 14,957.88 890.04 0.00 60,457.78 0.00 ( 45,499.90) 404.19 MISCELLANEOUS INCOME 1,606,020.00 3,235.00 0.00 333,142.03 0.00 1,272,877.97 20.74 OTHER FINANCING SOURCES 0.00 0.00 0.00 0 00 0.00 0.00 0.00 TOTAL REVENUES 4,452,451,88 253,714.67 0.00 2,259,034.96 0.00 2,193,416.92 50.74 EXPENDITURE••SUMMARY DEVELOPMENT CORP-WEDC 4,859,259.00 203,898.06 0.00 2,589,335.85 7,201.50 2,262,721.65 53.43 TOTAL EXPENDITURES 4,859,259.00 203,898.06 0.00 2,589,335.85 7,201.50 2,262,721.65 53.43 REVENUE OVER/(UNDER) EXPENDITURES ( 406,807.12) 49,816.61 0.00 ( 330,300.89) ( 7,201.50) ( 69,304.73) 82.96 ` y'o-uom m.aa m^ czrx OF vxLzo PAGE. z REVENUE AND EXPENSE REPORT (UNAUDITED) AS or. unsnor 31ST, znm u`'exLzo 000wnmzo oovoL oopc muvuwvos nvpaowr CURRENT vezop YEAR ,'r-o ,-r-n n0000r * or ovnoor psamn rn voJvor� ^ccv^L aw:vmoRAmcm aAcAwc, avm`or __-____-__ TAXES 4000-40150 mov IN Lozv or z^muS 0.00 o^un 0.00 0.00 n�nv 0.00 0.00 4000 ooz/u SALES rnx = 2,831u474.00 249,589�63 0.00 _l�������� ___ ��l _9�,0�i�5 ~6�88 rnrvL TAXES 2'831'474�00 ,«y'sov�as v�nv 1'865'435.15 0,00 966'038�85 ss�oo INTERGOVERNMENTAL REV. onno «3510 suo omxoxzc ^oauoMowro _____0,00 - 0.00 _0�00 rvc^^ zmcamcovoRmmomruL auv. 0,00 0.00 o�ou o�ou o�oo e�nu n�oo INTEREST INCOME ovnv ^^v5v couTzrIrxro OF oorvozr 0,00 0.00 n.00 v�ov o�un n-oo 0.00 4000 «oz1u ^LLoc^roo .vronosr o^awzmou `u°noo,ou vpn,o« n°uu «.yon,00 o,00 !( 1.905.06) ^e/.no «voo ^v14v rmxrooL zxroau^z u'ou o�on o-nu 0,00 0.00 v~on o�oo «non «s/^3 Lnczc zmruauxr 0.00 oJ)n o v�oo 0.00 0,00 0.00 ^ouo 46zuv zmTomour ou,mzmsx 2'502�66 o�on 0�00| 1'205.16 0.00 1'297.50 ^v z^ 4000-46160 Loaw nar^,00mz (ppzmczr^L) 9'455�22 v�uv 0.010 54'34/�56 n�un .,' *4'892.34. 5/4.7* «oou-oozm axmK momo, nmuncr zwroxunr__ - 0.00 .'� � _0.00 _ .'.~n,ou� 0.00 Y,�` ~-_.�_.�I� _��� rnr^L zxroxour INCOME '^',5,.nn oyv,v« v�vv on.^v,�/v 0.00 / "s'^po�sn) ^nx�'o MISCELLANEOUS mCnmo ^nvn 4o'/n aowr^L zmcmyo 103'200�00 3'235�00 0.00 106.690�00 o"no / 3'490,00, 103,38 «000 4a3zv ooco,ox, epzon YEAR oxpom 0.00 u�oo 0.00 o oo 0.00 0.00 0.00 ^uoo 4001n MzscELL^woov, zwcono n�no n�on 0.00 1'000�21 0.00 / 1'000.21) 0.00 4000'48430 c^zm/(Lnxx) sxm OF cap x O�0o 0.00 225,451`82 _ o^oo! 1~/?7~368�18 _!5,00 ror^L MzucoL�moovo INCOME 1'606.020.00 3'235�00 u�uo 3ss'mc�n3 0.00 1'2/z'm-.,, zn,,^ OTHER FINA14CING SOURCES ^vvv-^v/sn rRAmxnom FROM uowon*L rvmo 0.00 v�oo o�ov 0.00 0.00 v.00 v,"v mno-^oxzs BANK wncu pnoc000n o^oo o�no 0,00 0.00 o_uo 0.00 o~ou ^ouo'oynso Lo^xo pm/mczpaL rvn^omTx m n~ov 0,00 n�oo u�on n=o 0.00 0.00 «onn-os*nn INSURANCE mErOVExzon _ 0�00! 0.00 o,o0 ' 0�00 0.00 _ ^°ov 9,00 rora^ nruEn rzmmvczmc s^nnoos 0.00 n�oo v�nu v�oo n�oo o�no o�oo ���- � �__-__ ____ ' _-------- _ ror^^ wo,nmvoa 4'452'451�86 253'714�67 o�vn 2'259'034.96 0.00 2'193'416,92 50,74 9-17-2018 10:32 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2018 ill-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET S OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 284,473.00 42,750.19 0.00 267,680.35 0.00 16,792.65 94.10 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0=00 0.00 0.00 5611-51140 LONGEVITY PAY 1,309.00 0.00 0,00 1,300.00 0.00 9.00 99.31 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 12,600.00 1,453.89 0.00 11,423.42 0.00 1,176.58 90.66 5611-51220 PHONE ALLOWANCE 4,656.00 0.00 0,00 4,656.00 0,00 0.00 100.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51260 MOVING ALLOWANCE 0.00 0.00 0,00 0.00 0,00 0.00 0.00 5611-51310 TMRS 44,996.00 6,665.96 0 00. 43,079.79 0.00 1,916.21 95.74 5611-51110 HOSPITAL & LIFE INSURANCE 36,671.00 3,146.36 0.00 34,656.16 0,00 2,014.84 94.51 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0-00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,622.00 83.94 0.00 996.87 0,00 625.13 61.46 5511-51440 FICA 18,500.00 2,674.63 0.00 14,549.42 0,00 3,950.58 78.65 5611-51450 MEDICARE 4,327.00 625.50 0=00 3,915.84 0.00 411.16 90.50 5611-51470 WORKERS COMP PREMIUM 786.00 0.00 0.00 419.48 0.00 366.52 53.37 5611-51480 UNEMPLOYMENT COMP (TW( ) 810.00 0.00 0.00 486.00 0.00 324.00 60.00 TOTAL PERSONNEL SERVICES 410,750.00 57,400.47 0.00 383,163.33 0.00 27,586.67 93.28 SUPPLIES 5611-52010 OFFICE SUPPLIES 16,140.00 58.30 0.00 6,559.94 0,00 9,580.06 40.64 5611-52040 POSTAGE & FREIGHT 980.00 6.70 0.00 158.08 0,00 821.92 16.13 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 2,250.00 330.87 0.00 1,965.22 0.00 284.78 87.34 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 19,370.00 395.87 (1.00 8,683.24 0.00 10,686.76 44.83 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 2,196.83 0,00 803.17 73.23 5611-54990 OTHER 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL MATERIALS FOR MAINTENANC 8,000.00 0,00 0.00 2,196,83 0.00 5,803.17 27.46 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 987,069.00 19,311.00 0.00 617,426.92 0.00 369,642.08 62.55 5611-56040 SPECIAL SERVICES 276,276.00 13,550.47 0.00 247,220,79 50,00 29,005.21 89.50 5611-56080 ADVERTISING 146,355.00 17,925.00 0.00 64,374.00 6,640.00 75,341.00 48.52 5611-56090 COMMUNITY DEVELOPMENT 52,350.00 15,259.49 0.00 52,072.31 45'" 232.69 99.56 5611-56110 COMMUNICATIONS 9,936.00 525.86 0.00 7,850.61 0,00 2,085.39 79.01 5611-56180 RENTAL 29,328.00 2,441.82 0.00 29,142.50 0,00 185.50 99.37 5611-56210 TRAVEL & TRAINING 36,450.00 881.63 0.00 20,547.68 0.00 15,902.32 56.37 5611-56250 DUES & SUBSCRIPTIONS 29,598.00 1,421.34 0.00 27,683.75 0-00 1,914.25 93.53 5611-56310 INSURANCE 3,810.00 0.00 0.00 2,772.47 0.00 1,037.53 72.77 5611-56510 AUDIT & LEGAL SERVICES 33,000.00 7,482.50 0.00 47,587.73 466,50 ( 15,054.23) 145.62 5611-56510 ENGINEERING/ARCHITECTURAL 30,000.00 11,310.00 0.00 15,872.59 0.00 14,127.41 52.91 5611-56610 UTILITIES-ELECTRIC 4t 900.00 518.74 0.00 3,079.08 0.00 1,820.92 62.84 TOTAL CONTRACTUAL SERVICES 1,639,072.00 90,630.85 0.00 1,135,630.43 7,201.50 496,240.07 69,72 9-17-2018 10:32 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: AUGUST 31ST, 2018 111-WY)IE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET ,,i OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP, REPL 5611-57110 DEBT SERVICE 1,065,637.93 0.00 0.00 0.00 0,00 1,065,637.93 0.00 5611-57410 PRINCIPAL PAYMENT 804,320.52 43,842,26 0.00 916,356.79 0,00 ( 112,036.27) 113.93 5611-57415 INTEREST EXPENSE 139,877.55 11,628.61 0.00 143,305,23 0.00 ( 3,427,68) 102,45 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0,00 TOTAL DEBT SERVICE & CAP. REPL 2,009,836.00 55,470.87 0.00 1,059,662.02 0.00 950,173.98 52.72 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 770,231,00 0.00 0.00 573,844.35 0.00 196,386.65 74.50 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0,00 0,00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0,00 0.00 0.00 5611-58410 SANITARY SEWER 0.00 0.00 0.00 0,00 0,09 0,00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,000.00 0.00 0.00 0.00 0,00 1,000.00 0.00 5611-58830 FURNITURE & FIXTURES 1,000.00 0.00 0.00 0.00 e"" 1,000.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 573,844.35) 0.00 573,844.35 0.00 _ TOTAL CAPITAL OUTLAY 772,231.00 0.00 0.00 0.00 0.00 772,231.00 0.00 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 0.00 0,00 0.00 000 0.00 0.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0,00 0,00 0.00 0.00 0,00 5611-59430 TRANSFER TO CAPITAL PROJ FU 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0,00 TOTAL OTHER FINANCING (USES) 0.00 0.00 0.00 0,00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 4,859,259.00 203,898.06 0.00 2,589,335.85 7,201.50 2,262,721.65 53.43 TOTAL EXPENDITURES 4,859,259.00 203,898.06 0,00 2,589,335.85 7,201.50 2,262,721.65 53.43 REVENUE OVER (UNDER) EXPENDITURES ( 406,807.12) 49,816.61 0.00 ( 330,300,89) ( 7,201.50) ( 69,304.73) 82.96 *,* END OF REPORT *" Wylie Economic Development Corporation Balance Sheet Sub Ledger August 31. 2O18 Notes Payable Date of Rate of Principal Purchase Payment Beginning Bal. Principal Interest Interest Balance August 1. 2D18 3.398.035.04 ANBTX-8013O876 mxzOoammGsPpWY (#4mofau) 8/15/14 13.267.93 420.821.84 12.309.66 958.27 2.01 414.512.28 ANBTX-88148481 aUCHAmAm(#48of60) 8/13/14 7.331.95 93.251.08 7.038.88 292.97 377 86.212.91 ANBTX-G8149711 Psoo|COno/WHITE(#^4Opso) 12/12/14 7.382.45 497.533.29 5.641.08 1.741.37 4.20 491.892.21 ANBTX-88158O43 m&M/HOa*mT(#msn[4u) 9/2/15 8.745.25 119.426.56 8.347.18 398.08 4.00 111.079.40 ANBTX-88158357 owLLA8vx*|RLpOOL(#21of60) 11/23/16 varies 3.000.000.00 0.00 8.888.89 4.00 2.000.000.00 JARRARD GRAYS AUTO(#2oOr1u0) 13/1/16 3.109.15 261.001.36 2.130.38 978J8 4.50 358.870.97 August 31. 2O18 $35.467.27` $11.258.35 3.362.50777' - ° Wylie Economic Development Corporation Inventory Subledger August 31, 2018 Inventory -Land Date of Pur. Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 n/a $202,045 Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934 Perry 9/13/06 707 Cooper 0.49 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 n/a 127,452 Randack 10/23/12 711-713 Cooper Dr, 1.09 217,500 8,880 400,334 Lot 2R3 7/24/14 Cooper Dr. 0.95 n/a 29,056 $1,312,672 Industrial Ct. Ind Ct-Hwy 78 7/06 -4/16 Ind Ct-Hwy 78 1.45 n/a 924,486 Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 1,224,979 Regency Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,171 25,171 Commerce Hobart Investments 11/12/13 Commerce 1.60 n/a 156,820 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380 Dallas Whirlpools 11/22/16 900-908 Kirby 4.79 10,000 2,182,080 2,725,280 Downtown Heath 3/17/14 104 N. Jackson 0.17 Demo 220,034 Udoh 2/12/14 109 Marble 0.17 n/a 70,330 Peddicord 12/12/14 100 W. Oak St 0.35 155,984 4,444 486,032 City Lot 12/12/14 108/110 Jackson 0.35 n/a Jones (K&M) 9/3/15 106 N. Birmingham 0.21 42,314 4,125 190,596 FBC Lot 6/15/16 111 N. Ballard St 0.20 n/a 150,964 McMillan 8/24/17 105 N. Jackson 0.26 n/a 89,482 1,207,438 Alanis White Property(Alanis) 12/12/14 Alanis 6.63 n/a 420,336 420,336 South Ballard Birmingham Trust 6/3/15 505-607 S. Ballard 1.12 n/a 409,390 409,390 Squire Gallagher 3/14/18 Squire-lot 2-4 2.67 6,000 573,844 573,844 Total 26.72 $876,959 60,974 $7,899,110 $7,899,110 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. (**) Costs Basis adjusted for partial sale of property(.28 acres or 22.76% of the property at a cost basis of$170,755.53). WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF SEPTEMBER 2018 MONTH WEDC WEDC WEDC DIFF % DIFF 2016 2017 2018 17 VS 18 17 VS 18 rDECEMBER $166,418 $197,808 $184,849 -$12,959 -6.55% JANUARY 163,463 196,347 191,896 -4,452 -2.27% FEBRUARY 260,166 276,698 275,668 -1,030 -0.37% MARCH 167,082 191,648 182,852 -8,795 -4.59% APRIL 154,920 168,844 163,485 -5,359 -3.17% MAY 238,646 244,816 203,707 -41,109 -16.79% JUNE 180,194 191,732 199,412 7,680 4.01% JULY 212,620 223,571 213,977 -9,594 -4.29% AUGUST 268,976 261,573 249,590 -11,983 -4.58% SEPTEMBER 197,339 210,974 213,426 2,452 1.16% OCTOBER 201,506 195,549 NOVEMBER 270,426 267,816 Sub-Total $2,481,757 $2,627,376 $2,078,861 -$85,150 -3.93% AUDIT ADJ TOTAL $2,481,757 $2,627,376 $2,078,861 -$85,150 -3.93% WEDC SALES TAX ANALYSIS $300,000 $250,000 , $200,000 -- $150,000 - $100,000 `$50,000 � > a > m Q 0E m m a Q E t a)0 ' LL a 0 z 0 Wylie CityCouncil Y R ,w AGENDA REPORT LI Meeting Date: October 9, 2018 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 1, 2018 Budgeted Amount: $ Exhibits: 5 Subject Consider, and act upon, Ordinance No. 2018-29 to amend PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway. ZC 2018-10 Recommendation Motion to adopt Ordinance No. 2018-29 to amend PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway. ZC 2018-10 Discussion Owner: Woodbridge North Commercial I,Ltd. Applicant: Herzog Development Corp. Zoning Case 2018-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause,and an effective date. The subject ordinance allows 13 parallel parking spaces for Tract A-3 and 10 spaces for Tract A-4. The design and layout are shown on Exhibits E-1 and E-2, respectively. In addition, the HOA will be responsible for the maintenance of the parking, including striping and needed repairs. Exhibit A(Legal Description), and Exhibit B (PD Conditions), Exhibit E-1 (Tract A-3), Exhibit E-2 (Tract A-4) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1. ORDINANCE NO. 2018-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2018-10, FROM PLANNED DEVELOPMENT 2017-17 (PD-2017-17) TO PLANNED DEVELOPMENT 2018-29 (PD-2018-29), TO ALLOW FOR ON-STREET PARKING FOR AMENITY CENTERS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development 2018-29, said property being described in Exhibit A (Legal Description), B (Planned Development Conditions), E-1 (Zoning Exhibit Tract A-3) , E-2 (Zoning Exhibit Tract A-4) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2018-29 Change the zoning on the hereinafter described property,Zoning Case Number 2018-10, from Planned Development 2017-17(PD-2017-17)To Planned Development 2018-29(PD-2018-29),to allow for on-street parking for amenity centers SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9t1 day of October, 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: October 17,2018,in the Wylie News Ordinance No. 2018-29 Change the zoning on the hereinafter described property,Zoning Case Number 2018-10, from Planned Development 2017-17(PD-2017-17)To Planned Development 2018-29(PD-2018-29),to allow for on-street parking for amenity centers Exhibit "A" Legal Description Parcel 1 Being a tract of land situated in the I.& G.N. Railroad Company Survey, Abstract No. 1061 and the L.K. Pegues Survey, Abstract No. 703,in the City of Wylie, Collin County,Texas, and being all of a tract of land described in a deed to Ronald Scholz, as recorded in Volume 1198,Page 638 of the Deed Records of Collin County,Texas, all of a tract of land described in a deed to Ida Pearl Scholz,as recorded in Volume 682,Page 330 of the Deed Records of Collin County,Texas, all of a tract of land described in a deed to Richard Parker, as recorded in Collin County Clerk's File#93-0065326 of the Deed Records of Collin County,Texas, all of a tract of land described in a deed to Richard Parker, as recorded in Collin County Clerk's File#02-106920 of the Deed Records of Collin County, Texas, all of a tract of land described in a deed to B.C. Woods, as recorded in Volume 418, Page 131 of the Deed Records of Collin County, Texas, a part of a tract of land described in a deed to Ida Pearl Scholz, as recorded in Volume 768,Page 315 of the Deed Records of Collin County, Texas, and a part of a tract of land described in a deed to B.C.Woods, as recorded in Volume 316, Page 409 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point at the northeast corner of said B.C.Woods tract and the northwest corner of a tract of land described in a deed to Wylie ISD, as recorded in Collin County Clerk's File#95-0012337 of the Deed Records of Collin County,Texas,and in the south line of County Road 544, said point being at the beginning of a curve to the right having a central angle of 11°50'36", a radius of 944.97 feet and a chord bearing South 15°18'30" West, 194.98 feet; THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and southwesterly along the said curve, an arc distance of 195.33 feet to the southeast corner of said B.C.Woods 0.569 acre tract,the northeast corner of said B.C.Woods 3.27 acre tract,and the beginning of a curve to the right having a central angle of 06°10'40", a radius of 944.96 feet and a chord bearing of South 24°19'09" West, 101.84 feet; THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and the west line of a tract of land described in a deed to Wylie ISD, as recorded in Collin County Clerk's File #95- 0012336 of the Deed Records of Collin County, Texas, the following: Southwesterly along said curve, an arc distance of 101.89 feet to a point for corner; South 27°24'29"West, a distance of 54.52 feet to the beginning of a curve to the left having a central angle of 04'35'05", a radius of 1,055.00 feet and a chord bearing South 25°08'27"West,84.40 feet; Southwesterly along said curve, an arc distance of 84.42 feet to the beginning of a curve to the left having a central angle of 01'40'55", a radius of 1,163.93 feet and a chord bearing South 21°51'01" West, 34.17 feet; Southwesterly along said curve, an arc distance of 34.17 feet to a point for corner; South 02°22'57"West, a distance of 926,44 feet to the northwest line of a tract of land described in a deed to Texas Power and Light, as recorded in Volume 575,Page 224 of the Deed Records of Collin County, Texas; THENCE, along the northwest line of said Texas Power and Light tract, the following: South 52°18'44" West, a distance of 1,122.58 feet to a point for corner; North 89°25'10"West, a distance of 35.74 feet to the southeast corner of a tract of land described in a deed to Hooper Business Park, an addition to the City of Wylie, Collin County,Texas,as described in Cabinet H, Slide 52 of the Map Records of Collin County, Texas, said point also being in the west line of said Ida Pearl Scholz tract; THENCE, along the west line of said Ida Pearl Scholz tract and the east line of said Hooper Business Park tract,North 00°56'39"East, a distance of 1,881.44 feet to the southwest corner of said Ronald Scholz tract; CE, along the west line of said Ronald Scholz tract, east line of said Hooper Business Park tract, and • the east line of a tract of land described in a deed to Henry Garland, as recorded in Collin County Clerk's File #96-0034807 of the Deed Records of Collin County, Texas,North 01"02'23"East,a distance of176.30 feet to a point at the beginning of a curve to the right having a central angle of 00°26'35", a radius of 5,676.08 feet and a chord bearing South 86°48'51"East, 43.89 feet, said point being at the northwest corner of said Ronald Scholz tract, the northeast corner of said Henry Garland tract, and in the south line of said County Road 544; THENCE,along the south line of said County Road 544,the north line of said Ronald Scholz tract,the north line of said Ida Pearl Scholz tract, the north line of said Richard Parker tract, the north line of said B.C. Woods tract, the following: Southeasterly along said curve, an arc distance of 43.89 feet to the beginning of a curve to the left having a central angle of 01°25'23", a radius of 6,645.06 feet and a chord bearing South 87°20'46" East, 165.05. feet; Southeasterly along said curve, an arc distance of 165.06 feet to the beginning of a curve to the left having a central angle of 02°21'45", a radius of 5,783.08 feet and a chord bearing South 89°26'57" East, 238.44 feet; Southeasterly along said curve, an arc distance of 238.46 feet to a point for corner; North 89°11'42" East, a distance of 17.59 feet to a point for corner; South 69°27'29" East, a distance 17.72 feet to a point for corner; North 01°20'38" East, a distance of 4.10 feet to a point for corner; North 89°27'48" East, a distance of 614,10 feet to the POINT OF BEGINNING, and containing 37.3823 acres of land. Parcel 2 Being a tract of land situated in the L.K. Pegues Survey, Abstract No. 703, in the City of Wylie, Collin County, Texas, and being part of a tract of land described in a deed to B.C. Woods, as recorded in Volume 316, Page 409 of the Deed Records of Collin County, Texas, a part of a tract of land described in a deed to Ida Pearl Scholz, as recorded in Volume 768,Page 315 of the Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Birmingham Land Trust, as recorded in Volume 4194,Page 1852 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point at the southwest corner of said Birmingham Land Trust tract, said point also being at the intersection of Hooper Road and Hensley Lane; THENCE,along said Hooper Road,the west line of said Birmingham Land Trust tract,the east line ofa tract of land described in a deed to North Texas Municipal Water District, as recorded in Volume 1300,Page 809 of the Deed Records of Collin County, Texas,the east line ofa tract of land described in a deed to Timothy R. Johnson, as recorded in Collin County Clerk's File#97-0066824 of the Deed Records of Collin County, Texas, the east line of a tract of land described in a deed to B.C. Wood as recorded in Volume 3282,Page 804 of the Deed Records of Collin County, Texas, and the east line of a tract of land described in a deed to John P. Pennington as recorded in Volume 2726, Page 986 of the Deed Records of Collin County, Texas, North 00°28'20" East, a distance of 1,852.23 feet to the northwest corner of said Birmingham Land Trust tract and the southwest corner of a tract of land described in a deed to Texas Power and Light,as recorded in Volume 577, Page 335 of the Deed Records of Collin County, Texas; THENCE, along the common line between said Birmingham Land Trust tract and said Texas Power and Light tract, the following: South 88°52'13" East, a distance of 515.72 feet to a point for corner; South 00°58'13" West, a distance of 50.00 feet to a point for corner; South 88°52'17" East, a distance of 220.37 feet to a point for corner; North 48°29'57" East, a distance of 91.56 feet to the most easterly point of said Texas Power and Light tract, said point also being in the north line of said Birmingham Land Trust tract and in the southeast line of a tract of land described in a deed to Texas Power and Light, as recorded in Volume 575, Page 224 of the Deed Records of Collin County, Texas; THENCE, along the south line of said Texas Power and Light tract, North 49°35'36"East, a distance of 973.53 feet to a point in the west line of a tract of land described in a deed to Wylie ISD as recorded in Collin County Clerk's File#95-0012336 of the Deed Records of Collin County, Texas, said point also being in the east line of said B.C. Woods tract; THENCE, along the east line of said B.C. Woods tract, the west line of said Wylie ISD tract, and the west line of a tract of land described in a deed to the City of Wylie,as recorded in Collin County Clerk's File#95- 0012334 of the Deed Records of Collin County,Texas, South 02°22'57"West,a distance of 645.69 feet to the southeast corner of said B.C. Woods tract and an ell corner of said City of Wylie tract; THENCE, along the south line of said B.C. Woods tract and a north line of said City of Wylie tract,North 88'51'5'7' West, a distance of 46.23 feet to the northeast corner of said Birmingham Land Trust tract and the most westerly northwest corner of said City of Wylie tract; THENCE, along the west line of said Birmingham Land Trust tract and the east line of said City of Wylie tract, South 02°12'26" East, a distance of 442.60 feet to a point in the west line of said Birmingham Land Trust tract and in the east line of said City of Wylie tract; THENCE, along the west line of said Birmingham Land Trust tract,the east line of said City of Wylie tract, and the east line of a tract of land described in a deed to Alton W. Hensley, as recorded in Volume 4832, Page 598 of the Deed Records of Collin County, Texas, South 02°34'38"West, a distance of 1,462.30 feet to the southeast corner of said Birmingham Land Trust tract and the southwest corner of said Alton W. Hensley tract, said point also being in the north line of a tract of land described in a deed to Worth M. Speed, as recorded in Volume 1383,Page 170 of the Deed Records of Collin County,Texas, said point being in said Hensley Lane; 1 CE, along said Hensley Lane,the south line of said Birmingham Land Trust tract,the north line of said Worth M. Speed tract, the north line of a tract of land described in a deed to Norlan C. Van Cleve, as recorded in Volume 2364, Page 510 of the Deed Records of Collin County, Texas, and the north line of a tract of land described in a deed to Wayne Rich,as recorded in Volume 1730,Page 888 of the Deed Records of Collin County,Texas,North 87°17'48"West, a distance of 1,440.08 feet to the POINT OF BEGINNING, and containing 68.3705 acres of land, more or less. Parcel 3 BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Wylie, Collin County, Texas and being all of that tract of land described in Deed to Woodbridge North I, Ltd., as recorded in Volume 5579, Page 1102, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point in the west line of Woodbridge Parkway, a 100 foot right-of-way, for the southeast corner of said Woodbridge North I, Ltd. Tract; THENCE South 89 degrees 34 minutes 05 seconds West, leaving said west line, a distance of 2,023.83 feet to a point for corner; THENCE South 00 degrees 17 minutes 48 seconds East, a distance of 271.12 feet to a point for corner; THENCE North 89 degrees 31 minutes 18 seconds West, a distance of 573.32 feet to a point for corner; THENCE North 00 degrees 27 minutes 11 seconds East, a distance of 390.16 feet to a point for corner; THENCE North 00 degrees 22 minutes 07 seconds West, a distance of 658.38 feet to a point for corner; THENCE North 89 degrees 18 minutes 05 seconds East, a distance of 2,612.60 feet to a point for corner in the west line of Hooper Road, a 65 foot right-of-way; THENCE South 00 degrees 19 minutes 53 seconds East, with said west line, a distance of 85.63 feet to a point for corner in the south line of Hensley Lane, a 65 foot right-of-way; THENCE North 89 degrees 40 minutes 07 seconds East, with said south line, a distance of 60.00 feet to a point for corner at the beginning of a curve to the right having a central angle of 17 degrees 51 minutes 20 seconds, a radius of 447.50 feet and a chord bearing and distance of South 74 degrees 43 minutes 22 seconds East, 138.89 feet; THENCE Easterly, continuing with said south line and with said curve to the right, an arc distance of 139.46 to a point for corner at the intersection of said south line with the west line of the above mentioned Woodbridge Parkway, said point being at the beginning of a non-tangent curve to the left having a central angle of 19 degrees 54 minutes 28 seconds, a radius of 1,198.82 feet and a chord bearing and distance of South 24 degrees 29 minutes 07 seconds West, 414.45 feet; THENCE Southerly, with said west line, the following three (3) courses and distances: Southerly, leaving said south line, an arc distance of 416.54 feet to a point for corner at the beginning of a non-tangent curve to the left having a central angle of 05 degrees 53 minutes 11 seconds, a radius of 934.50 feet and a chord bearing and distance of South 11 degrees 35 minutes 21 seconds West, 95.96 feet; Southerly, with said curve to the left, an arc distance of 96.01 feet to a point for corner at the beginning of a non-tangent curve to the left having a central angle of 09 degrees 53 minutes 11 seconds, a radius of 1,198.82 feet and a chord bearing and distance of South 05 degrees 16 minutes 54 seconds West, 206.60 feet; Southerly, with said curve to the left, an arc distance of 206.86 feet to the POINT OF BEGINNING and containing 51.916 acres of land, more or less. Proposed Amendment to Ordinance No. 2017-17. Amendment To Exhibit "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS 2.04 Additional Parking Area requirements: Parallel parking for the amenity centers for Tracts A-3 and A-4 is allowed as shown on the attached Exhibit E-1 Woodbridge Townhomes Amenity Center Parking Tract A-3 and Exhibit E-2 Woodbridge Townhomes Amenity Center Parking Tract A-4 (the "Parallel Parking"). The homeowners association for Tract A-3 shall be responsible for the maintenance of the on-street parallel parking constructed at the Tract A-3 amenity center. The homeowners association for Tract A-4 shall be responsible for the maintenance of the on-street parallel parking constructed at the Tract A-4 amenity center. As a condition of Parallel Parking for the Tract A-3 amenity center, it will be a requirement of the Tract A-3 amenity center that the following be constructed: o Minimum 2,000 SF air conditioned Amenity Center to include: ■ Main meeting area ■ Fitness center ■ Craft Room ■ Kitchenette ■ 2 bathrooms o Pool and deck area o Fire Pit o Bocce Ball Court o Golf Putting Green o Dog Park As a condition of Parallel Parking for the Tract A-4 amenity center, it will be a requirement of the Tract A-4 amenity center that the following be constructed: o Pool and deck area o 2 bathrooms 0 Q o CO12 iii N 44 a a ALEOO ani Issued for: PRELIMINARY . 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' • * -. 7 • •. * . : ,...._ ',X • • • • : \ • •.. • \ ' • i : • ... . • . .• _ .. \ • •. .: . ‘. . 0 0 0 ?"-• ra 1 1 Z 'NS o A --I Aio ,� ° Sheet Title: Q, a L. b ..,, car `� N # Revisions: Vote: c„ 0",44A .c•-• *" -----. Wood Bridge Amenity Center , :„.4:_i• :::• • ..„....... .,. .en V• • ill .o 1' ,3 il N •.a "•0• k •-1 a 0 C = s•cn CA/ •th Concept =y;��o :�: .� �y��� Townhomes — Tract A-4 .,_ e' •.OO.• ' 5 0.''� - T .N. * et-.,..l1R1111.. Wylie Texas Grubbs Design Group, P.L.L.C. - 403 South Tennessee Street - McKinney, Texas 75069 - Phone (972) 548-5020 Wylie City Council e n AGENDA REPORT Meeting Date: October 9, 2018 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 3, 2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Kreymer East,Phase 1, creating 84 residential lots and 2 open space lots on 26.871 acres, generally located on W.A. Allen Blvd and north of Foxwood Lane. Recommendation Motion to approve a Final Plat for Kreymer East, Phase 1, creating 84 residential lots and 2 open space lots on 26.871 acres, generally located on.W.A. Allen.Blvd and north of Foxwood Lane. Discussion OWNER: BLOOMFIELD HOMES,L.P. ENGINEER: WESTWOOD The property totals 26.871 acres and will create 84 single-family residential lots and two open space lots for park and recreational purposes. The subject property is part of the overall 70 acres of the Kreymer East development approved in June 2016 as a Planned Development District(PD 2015-23). The PD allows for a maximum of 245 lots with a minimum lot size of 8,500 square feet for the entire development. That is roughly a density of 3.5 lots per acre. The preliminary plat for Phase I called for 86 lots on 26.8 acres for a density of about 3.2 lots per acre. This plat differs in that two lots have been eliminated from Block G (SWC of Falcons Way and Eagle Glen Drive)making the overall density to 3.1 for this phase. Staff will monitor the density and lot count as plats are submitted to ensure compliance with the PD as approved. The plat shall also dedicate necessary rights-of-way, and utility easements. The Final Plat complies with the approved Development Plan& Concept which was approved with the PD for all phases of the development subject to additions and alterations as required by the City Engineering Department. The Commission voted 6-0 to recommend approval of the request subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Page 1 of 1 020,Westwood Profess,o„m Serwses.Ion xortsX ,wares oseo, eIa e� r,NAUaT e.oe o,n e�,ol a�e/4zoa). „a �/ / `` / ./ W roe T e oo ` / / W GRAPHIC SCALE .,,,..2. Selling a porlion of opy lol in Ibis addition by metes bounds s o wre,o„ore of stole n,ce ore6 s �.� E O,w / . Q. eo o sU r j oe�eoPme� 9 me,I o d��oI°N ,,,,orereo Dr ; EAST RIDGE ADDITION _ ■ .n sire e,a. 7 PHASE RL.EVISION ND �. m9 stomped wcs wooU vs m000meolee wtn o;/'�a'o�,e w x w PI . / , BAP.0 PG.I, I1 �� L ''�!I!�II =�: OF y��� aL 2CK C U) rt CURVE,ABLE F APPROXIMATE A Lu NO 0 YEAR c,C,a DE<.A ,umus N ,,,,, SPORE,5. nreJ4I.4I' STONE pNovE ADDITION _ • ' PANEL Ho c a asc o4zoN • eOG(..CC.. `TRACT CT i n >s=- • % • PDATED:NO. 02.2009A / `✓.• Q �"�' (LI ..cT. • ./ C'� Yk s os O rt a , / WA ALLEN BOULEVARD -� 3a Da • � •-I i NI Toe VICINITY MAP a _- - —• N z %G' ' MIN. w I '� '3`ene m -A NOT TO SCALE _ 4e�Dt30 r 3T oDWC T -��- ` ro <o>so9• s co asoDs,Tw 'SE, .saP, DEvayEAE3 >5'h°EpSEM�' / L24 i U P • N I SOTIzo Ta'w S01.18'T'W L 115.00 1 a. t eo. 9 6. 6&T EL000PLAIN U / x ' • U 1 o 0 UE Cs ,.»ae STD, nsaoaw ..s., ,n3C /. _ MLB2006 22LI as „., eo. sn 5. 5.T ' i/- Li03 94 s00i 1 S ee55sr .10 ADDITIONAST RIDGE s a seaca mss ae w se.Ts As,s �/ Cry ss»,a saaco sassy, „A,s ,ac,s• - -� �' _ 20'oL i 4'"„^01 . . - / sE S.00 W c noToz• 2eo.co• no.v3oE ,Te.0 �e,.39 � / PH --85Aa'_L9e dp I � PRc.c. 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BLO FIELD INST. 4Teaeo �FSF \\ ti w esaz T TOar -� \ 1 050 East HIGHWAY 1 14,SUI7E 210 n 42 6 q 4 s�\ s 0%"0° N SOUI'HLAKE,TEXAS 76092 j b/�, s hJ�• -s_ T62To ry. a '9 sh aP�a ccT. s.- \,> 6 w/69 dry ,;., \ S 3 �, (81 7)41 6-1 572 23 8 Westwood 3 3_Y / hh/ O q 5. 53osf^ry 4 9J03B36'W SDT•TTST'W S rV IvoGd h .A o N sTMS 1 a S -\y 950 623.1 T33T 09-190",,, BLOZX C •N cs.. h\,Po l T/. _ n..- c, o ! _,S.o a- sT'Ip 0 .R e.n.eso _ .enure TINS PLAT FILED IN DOCUMENT No. O.P.RK CT Jul,26,2018 Joe No.0003171 KREYMER EAST,PHASE 1 o\000T,noo\e.C\so,.ey\ccOT,T,Eve.0 0 2017 Westwood Profession,Services.Inc, SANITARY SEWER EASEMENT 12� a 9363sI e 5,' W E L• BLOCK E SEPARATE MS/RUMENT i�� �96�`s-s SwF �J L it ^, h -�- - _ ss B.E r,� a ° 1 --10,2108REc.ELEC ESMT - - - - - m Isu,veys,NA86.2 Pesos North Can., 9047, ,LI • Li4LI • �5 ;oo. /085009J 9y 0fo0h NL822000 96L4sT IM \ _ - 88OAK MEADOW t4 <y B \ 4, 54 4 ., �� 444 1 q \ \ TRACT _ L. ( ) 2,,,," � o�\ 94, ,�528, S2T063]68` 17 P...GT. �. 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O222s w 12,45 e501TT 45 121 45 PA L42 ,a,s• ,wT,9sow L95 ,42e s445524c �;u fo _ _ ''Pi , /44 '8° 0'000,0 L'. 000 000„4e w eso19( 1 85101sr eso,sr 1 11707 SCR" I n o FINAL PLAT /,5 I /9e I d 1 sroo 2�aLE 1I� 3 ) a 4 o soo zs4rE 10� Oi No0 e34Lw _ P 0 BLOCK N tee ,4.m s44 os,4c Lss av sa92e 52c 1 r, 5 1 t2f 45 >2r.45 I 1st 12 ,,F.�}o' OF . ... 2.4 B50 T+' T T r I r T r r10 U.E. 0 13 L4 402 54594 Jew Loo 500 N9Jaw ao 3259w R 44 uo A" _ �s 18,26'475 �o,29,aw L;oz 129 �e25954L 850>91 650151 85o,T5 ETITT466L s�°'sA�s� KREYMER EAST, PHASE 1 1 23 a7"E A F 84 RESIDENTIAL LOTS/2 OPEN SPACE LOTS z381 sroo 9 N oo 2 SO0234L"Eo 4 p z sn, , 4 .n „ � . 1 I as 12.45 l0 2 5 ro rz,.4s e5oo � 26.871 ACRES L5, 0 T0.0 , L,o4 0 2 o.45 w -rr5 . ... �9T OF 7H s W.M.E. E a a332534 w 2 Lsz 5000 5J 40o w Los 2. 5543459E o 1 - FRANCISCO DE LA PINA SURVEY ABSTRACT No.688 LS= So.00 u2,959E L,oe 49J9 5Y345461 9058, 51 9o5e9T 1i (S �EiRC 2 ' 905e � V.A.M. 0 BL 2286 9 PETITT 408L' U.E. unu VENT IN THE WA"eweernevT oeTwi� _ III _ ry e1 L4 1 W.M.E.E I �3 Lee8,5 45 9 e >0 BR 111-45 _- - ,oTEXAS CITY OF WYLIE,COLLIN COUNTY,TEXAS Io39LT o 0 1------ �-sx,rM.AEr➢`4.I9' O e53LSI EA1 �`.�AA�o51W�:v°,E„.5 9Ls1s/ as Isr Isr LARKSPUR LANE S0073 P E 438..94 ` Ip, m ° ('''''"( W 3 'I' S00'234L"E 14 04 (50 ROW) 500234LE 292.90 ,2 L) g1W - O / oPs LATH r[uow cnP y e5 1L_ I s PETr,-L L OWNER �3-L,, 92- °L3_L0.94 _L6_3 082- 6�,0.,2 io ��9 BLOOMFIELD HOMES,L.P. ,�0 05.E. SANITARY 50110,7 EASEMENT 1 050 EnsT HIGHWAY 114,SUITE 210 ASEMEnn 20 B.C. 2 ,a c„„„,,mE„„,,,,4T SOUTHL4NE,TEXAS 76092 uThBly E sPARATE _ oo (89 7)49 C 9 572 INS'62222' m 85a 500 _ 500 5 s _ 5oos _ s s ENGINEER/SURVEYOR 10564, 868992 5501, O1sf ra y •N N 909Bst BLOCK J PETITT L 08▪ ORRN G AND uAair2 EPS-E LAP-EVENT Westwood B5 0454 P.O.B.95.0 ®o L23 8f n /�' ro.ac untteox AND ACCESS EASEMENT L694f w LBL 22.86 N eiQ 82 L1.00 e ti pienoorxs p89a, e.n. 'XI ®ales,sio� w I gKUCHI LIVING TRUST L i Q ION 599'C.BEA57T ICHAVE 1 - ex m x� .eu vopcmn INST. O.P.R.CCT 10530 R INST N.20 90210 013,50 • rc 0 T 1no5 THIS PLAT FILED IN DOCUMENT No. O.P.RK CT JULY 26,2018 JOB NO.0003171 KREYMER EAST,PHASE 1 02017 Westwood Professional Services,coo LEGAL BEsewrPnew IMIEREAS B Thence m ��1rr.. NON.1NEREFORE KNOW ALL MEN BY THESE PRESENTS Its dully authorized agenl.es the s a 28.8T1no e tract by a,located ins the Cityof d orc 162.94',et(chord "I ea1)dt length O Franciscalon o curve to the lea o al r I of lanc,its duly authorized officer.does southeasterly4r right-of-way 1 of WA uAllen Boulevard the most narlherl°northeast corner hereby of said Ston Grove Addition: y 4.rho,BLOOMFIELD HOMES L.P..'cling herein by ond tracts addadoOl{on this to plal fhe Cety9nated lhere,a a�d does hve e ed reby dedicatesfa IheMER EAST,PHASE 1,anpublic forever the Pub,Records.Coll.Cou,ty.Tex,2.) the 0.740 acre troct of,,,,conveyed to Bloomfield LI-. Names, by d 1Nenee In - - the h Records:L 3 the 17.973 as e tract o and conveyed to Bloomfield Names.sL P b r deed a cord in No. Y h yell s 48 sements aed s shown ements,own hereon are Instrument No fort!,mutual use and accommo.tion of all troct of la,conveyed. Blo mnel of said Official Public Records:and 4 the 19048 once lie gaowias°nail purposes�onsnt�o�ioew�oiac°eedioo��fe�e:of.Ii,��os shrubs e°,igm�noi hereby reserved ) ( 17feel).Des/e":�f�e6wm yellow plastic op slompee`ree � so,Ofnciol Pub,Records.said 25.8T1 L.P.by deed of acrerd Iron b g me portico rnt No. s�woo�seconds set,n me seam line of a IS alley for the narlhaasl corner of said 1904a acre Q utilitiesshall have II,full 4;01.remove and keep ShlUPS or fshown. So, f construction,maintenonce or g f moYts being hereby d�aonY worendanger of any buildings,le,ces,trees.I f f described lhenc of its respective system on the utility eosement and all BEGINNING s�"- it /'iron rod,In yellow plastic c,stomped"WESTWOOD PS"set at o turn in so,alley partlie as shown by plot of so,uglily easementforlhe purposes of rernov,g all or or Is respecl,v systems without the ooewMeoaowovnose a�o in a�ten the Page J1 as snow pds lot,of record f�nw cobto the nOrill forthe southeo,comer of Eost Ridge Addition,on oddition to the City of wiaM° necessityf me vac e ermss,on of e. record c f the 11r006 pUbfiC UPIWPS Sh011 Off times PO.,the full right of,gress ond egress to Of from and upon the .e of Block nl,Avalon Additioeo effrl cf o Recohase 2 on rds. ed to �io eeoiiT City of yc oyez so, being record h y o°Wylie as f so,Plot by p r procuring v w r d air l Public Records e the northeast r e Page 2n of said Plat Records. >. WITNESS Mr NAND this y f 2018 11055 o of"oo20090240001,050 field Hto es o a so, ,aa°° ace,s an e nor as m a so, Menge. i.,ran Thence South 00 degrees 38 minutes 5]seconds East with the west I, said 11.006 acre trace lid far the southeasl corner of send Oak Meadow Pnose 2 it BLOOMFIELD PROPERTIES.L.P. o distance of g feet to a 1'iron rod fou,forthe northwest corner of that land conveyed T L I d P t h of said ofnc,al D Thence N the cosi line of so,oak Meadow Phase a.,as ,m,a ar oars p Pubic Records said rod being the southwest garner of said 11.006 acre frock D .a ,stance or 359,feet to a found 1/"iron rod. Y LOOKFIELD PROPERTIES.INC. o Texas corporoboa Ceaarol Partner Thence S g INenee North 30 degrees 46 mOates 28 seconds Cast conlinufna w said east line and of 8362 seconds iron rod with yellow ploslic COP stampsd feet poss,ng the northeast c r g the east I,e of 0,Meadow,an "WESTWOOD Ps set for the southeast corner f the here,described trace, s/ac "WESTWO Y DONALD J.OVKsian President Thencedistance ads weslerly direction over and across.said lour Bloomfield Homes tracts the following calls of send OD PS acre Bloomfield tract,set for the northwest corner of send Avalon Addbon and the mast aorf y corner end roe w, raw plastic Leo stamped'WESTWOOD Ps,South 89 degrees 36 minutes 13 seen,.West.o nee ar vs63 real to sal 5/e",ran Therti acre Shamerl rad fro,the ratio g olis and distances direction with the west 1,e ofsaid Avalon Addition am the ease tine or so, THE STATE OF TEXAS X South 00 degrees 23 minutes 47 seconds East a distance of 23]4 feel too set 5/8"Iron COUNTY OF TARRANT Saula 3 degrees 40 minutes ff seconds Easl.o distance of f3350 feet fo a set�'/iOn Xrod with yellow plasllc cap stomped"WESTWOOD PS": tad with yellow plastic cop stamped"WESTWOOD PS': EF ME foe pnde/vgned au bar on'hoist o knowlede aeon DONALDtn s the lire oT 5D.Da feel to o set "iron 49 46 distance or 10I.TT feet to a set 5/"iron nome is subscribed.the fo me th, got o sold BLOOMFIELD HOMES 9 L.P.and that h turfed the s s the act a rod w, yellow plastic cap stomped WESTWOOD PS,POOROISP,for the purposes and rod w, yellow plastic roe stamped"WESTWOOD PS. GIVEN UNDER MY HAND SEAL OF aFF/CE,er{hfison therein e„vressed and,n the my Y there,stated. South h yellow plastic cop stomped seconds "WES West.o WOOD PS, ce of 705.4 feel to a set 5/"iron rod: Ol degrees Je minutes 36 seconds Wesf,a distance of 86.82 feet to a found I%"iron h es s 03 seconds.West,a distance of 51.24 feet to a se 5/"iron North 83 degrees 51 minutes 41 seconds West,a ,stance of 6.CS feet to a set 5/5-,ran rod and with North 8 yellow degrees 5 as,cap stomped"WESTWOOD PS:s a w, yellow v/antic cap stomped WESTWOOD PS. Sout 00 "gon rod f t f T re of 62.53 feet to a set�',con not the9southwest earner of said Avalan Addition and the northwest comer f said 11_05 Notary ublc n and or foe Stole o e;:or rad w, yellow plastic cap stomped WESTWOOD Ps, acre dBloomfield tract: South,degrees 24 m,utes 10 seconds.West.o ncs ar 122.21 feel m a sat/"iron Theme m a easte4y direction with the south line of said Avalon Addition the following calls ono. rad with e row plasbs cop stomped WESTWOOD Ps, d 444 surrPrxws axnneAs North 52 degrees 1 of distance 100_00 reel 10 a se 5/e",ran of distance 19985 feet fa a set 5/e",ran I,JASON B.ARAISTRONG,Registered Professional Land Surveyor for Westwood,do hereby certify rad with yellow plastic cap slomped"WESTWOOD Ps, rod with yellow plastic cap stomped WESTWOOD P.S. that the plat 0WO hereon accurotely represents the results of an OFebrua fhereDon.handsr my direclio,or,supervision.(hal said Olaf h been preparedn0 accordance op-the-ground the platting s ore os South,degrees 40 m,utes 4 seconds West,o rules and rad w, ow plastic cap stomped WESTWOOD P5,distance of 5D.Oa feel to o set 5%"iron North 01 degrees 10 mOutes 50 seconds East.o w, w Iodic co stamped WESTWOOD PS, 'stance o/4.53 feet to a set 5/e'iron rod regulations of the y y TeAas ce of 15.00 feet too set�'iron p e p ce of 97.03 feel to a sal 5/8"iron 100.with ed'WESTWOOD PS'; rod wgh Date.Tn,s the y T 2018. Soulh 2 y degrees p p nce of 1414 feet to a set 5/8",ran yellow p e p ce oT 49.05 feet to a set�"iron rad with plastic cap slomped"WESTWOOD PS, rod with yellow plastic cap stomped WESTWOOD PS. South,degrees 40 m,utes 4 seconds West.o distance oT 1500 feet to a se /"iron South 89 degrees 02 mingles ST seco,ds Eosl,o distance of 388.39 feel to the J 50N B.A roe w, ye plastic plosc cap stamped"WESTWOOD Ps. Pant-ol-Begirming pod containing 20.811 acres of land of Registered P css�ona/Land Surveyor Na 5557 re of 50.00 feet to a set 5/e"iron rod with yellow plast,cop stomped"WESTWOOD PS"; THE STATE OF TEXAS Xdegrees m,ules 1 seconds E PS 'stance of 1500 feel to a sat 5/8"iron rod COUNTY OF COLLIN Xw, yellow elan,c cop stamped eAiy m Ia ,stance of 14.14 feet too set/"iron rod m4,oepeored JASON B.ARMSTRONG,w oy pus the ed the some as t e aacknowledgedorposme Ihaf I5 pa said w. yellow elastic cap stamped WESTWOOD PS_ cop Y ,en sloted. °N of such corenronon fo,the vurpares and cons,dernl,ov fneren etnressed,ond,v the ce of 85.,feet to a set 5/"iron rod with yellow plast,cop stomped'WESTWOOD PS'; GIVEN UNDER MY HAND SEAL OF OFFICE 1hl9 day of .2018. Along a curve to the CO,having a radius of 305.00 feet and on arc length of 191.41 feet (chord bears Narfh 39 degrees 03 minutes 03 seconds West.14015 feet)to a set 5/8"iron rad with yellow plastic cap stamped"WESTWOOD PS".: lire of 116.T5 feet to o set 5/8"iron Notory Pub,,of,for ihe Stole of Tecas rod with ,Ilow plastic cap stomped ce of 34320 feet 10 a set 5/",ran rod with yellow plaslic slomped 'Recommender/for AApprovererd' North 00 degrees49 minutes 24 seconds West,'Recommend'Recommender/ t,a distance of 56.25 feet too set 5/8'Tion rad with yellow plastic cap stamped"WESTWOOD PS".: feet Dole nce of 11s amm,sson 30 to set 5/"iron FINAL PLAT Gty o awWie.°Teas m g rod w, ye ow plastic cap stomped WESTWOOD Ps. OF Sourad w, yellow.plastices 19 gap slumpedes 25 'WESTWOOD Ps, nee of 14.14 feel to a set 5/"„an KREYMER EAST, PHASE 1 •ArAYeeee Ten Construction" hdg84 RESIDENTIAL LOTS/2 OPEN SPACE LOTS South 01 degrees 18 mfnu(es 31 se Dods Wes(,a distance of 586 fee(loose(5/8"lion rod with yelloweloslic cap stamped"WESTWOOD PS. 26.871 ACRES Mayor.Oily of Wylie Texas Dole Along a curve to the leg hav,g a radius of 255.00 feet end of(coo OUT OF THE y aw clobears ut cop 00 egreeed WESTWOOD PS,seconds West,8.32 eel)rto a se "on rad with FRANCISCO DE LA PINA SURVEY,ABSTRACT No.688 Aremlee of 50 00 fast to a sat s/8'gon IN THE nce rad w4h yaw plosl,c cap stomped WESTWOOD Ps, CITY OF WYLIE,COLLIN COUNTY,TEXAS Moor,Oily of Ne Tanos Dale Along a curve to the leg hOPPO a radius of 305.00 feet end on arc lengthfeet (chord Pea, SoutP 07 degrees 35 minutes 34 seconds Pas,74.86 ee°too set/"iron OWNER rod w, a' plastic plosc cap stomped WESTWOOD PS. BLOOMFIELD HOMES,L.P. South,degrees 20 minutes 28 seconds West.o nce of 9545 fast to a sat 5/8"Iran 1 050 EAsT HIGHWAY 1 14,SUITE 210 The u,ersigred,the City Secretary of the City of Wylie,Tegos,hereby certifies that the forego,g rad w, yaw plasbe cop stomped"WESTWOOD Ps, f,ol plot of KREYMER EAST.PHASE 1 on or addition to the y W, SOUTHLP!<E,TEXAS 76092 y South 76 degrees 29 minules 50 seconds Wesl.a distance of 4395 feet to a set 5/8"lion (81 7)416-1 572 formal tln. pas,then ond there occeptedthe dedication of streets,alley,perks,easement,public withTWOOD PS woter and sewer lines os shown and set forth,of,upon so,plot ond so,Counck . sabscnbe0.na17 49 ENGINEER/SURVEYOR ,zed the W 10 note the acceptance iherea y g a ,9 name as here,above F ... ®-��� Witness y nand this y 2015 f so,Plat Records,sdd rad marking the a°" j®eje 3 s960iVer°o oae xa.xuAr.e.n.eso southwest comer oT foe nere,n described tract, e.�ry n,m.'..rnsm vwrwnmlpme wend..norem sent. Oily or wasyTanos THIS PLAT FILED IN DOCUMENT No. 0.Pea C>: JULY 26,2018 Joe No.0003171 w aw6R East',P'baa 1 o,lcoo3,z,ao,,,,es,,,,Vgaan n,,,,.g Wylie City Council (-1 F AGENDA REPORT LI Meeting Date: October 9, 2018 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 1, 2018 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, a request to rezone a lot from Light Industrial (LI) to Planning Development — Light Industrial/Commercial Corridor (CC-LI/CC), property generally located 300' from the northwest corner of Hooper and Steel Roads (Helmberger Industrial Park,Block 1, Lot 1). ZC 2018-12. Recommendation Motion to approve a change in zoning from Light Industrial (LI) to Planning Development—Light Industrial/Commercial Corridor(CC-LI/CC), property generally located 300' from the northwest corner of Hooper and Steel Roads (Helmberger Industrial Park,Block 1,Lot I). ZC 2018-12. Discussion Owner: Boussel Honrobia Applicant: Bobby Heath for HKHH Steel Group The applicant is requesting to rezone a 2.9 acre property located off the northwest corner of Hooper and Steel Roads. The property is generally bordered by LI zoned property with A/30 zoning to the north. The proposal changes the zoning from Light Industrial (LI) to a PD that includes both Light Industrial and Commercial Corridor Uses. In addition,the PD would allow the creation of a Commercial Management Association(CMA). The applicant is proposing the property be rezoned to allow for six buildings on the approximately three acres that would be organized as a CMA. This means that the buildings will have individual owners,but the surrounding land, including all parking, landscaping, streets, and other areas will be owned and maintained by the CMA. This is similar to a residential townhome organization with an.HOA. The zoning requested is compatible with the Comprehensive Land Use Plan. The area is designated as General Urban, which generally supports the retail, service, office,light production, and research. The Development Standards of the PD allow for: - Zero lot lines and 100%lot coverage as the building owners will only own to the outer walls. - Shared parking for all uses set at one space per 500 square foot regardless of actual use. Most LI uses are 500 to 1000. Most CC uses are 250-400. - At least 15%Xeriscape landscaped area under irrigation. LI requires 10% and CC requires 20%. - A mix of most LI and CC uses (Rev 01/2014) Page 1 of 2 Page 2 of 2 Excluding the PD conditions above, the PD requires the applicant to follow the Zoning Ordinance for commercial development. This includes, if the zoning request is approved, the need for approval of an overall site plan, a replat of the site, and individual elevation approvals before each building is constructed. Notification/Responses: Ten (10)notifications were mailed; with one response in favor returned at the time of posting. PLANNING & ZONING COMMISSION DISCUSSION: The Commissioners discussed the parking requirements for high density uses and how it relates to other commercial uses. The applicant desires to allow multiple use options and that most other high density uses have differing hours of operation. High Density Commercial Amusement uses are prohibited. The subject property could possibly serve as a transition from the mostly LI uses to the west and the mostly commercial uses to the east. The Commission voted 6-0 to recommend approval. v m ro ev N ( r-— ' ] ZI•CO 7117 ) r I 3 1 �. FM 544 Sub'ect .__. . ' i j Property ___ i >— —Ex tr „-- Ii 1 ts O( 1 } CAPITAL ST i r r i ,/ 077/7/ _-,N\/ g,, , : j 7-55 / THL6 A � AT,u lE .. m h 1 171 � �( I _�.�_'- i i 0 200 400 600 800 1,000 �. �_. Feet LOCATION MAP c = 0 ZC #2018-12 WYLI E Map Date:8/28/2018 EXHIBIT A Legal Description HKHH Steele Commercial Center Lot 1, Block 1 of Helmberger Industrial Park, an addition to the City of Wylie, Collin County,Texas. EXHIBIT B Planned Development District HKHH Steele Commercial Center 1.0 General Provisions—The property will be organized as a Commercial Management Association (CMA).As such, each permanent non-accessory structure shall be platted as a separate lot within the guidelines of Figure 4.5. All other property, including parking, private drives, and landscaped common areas, be a governed and maintained in accordance with the covenants of the CMA(Exhibit C). 1.3 Relationship to Other Plans—Unless otherwise expressly stated in this exhibit and the accompanying concept plan (Exhibit B),the HKHH Steele Commercial Center shall abide by all the rules and regulations of the City of Wylie Zoning Ordinance in place at the time of enactment (2006-53). 4.2 Purpose—The purpose of this Planned Development (PD) is to allow for a development allowing a mix of commercial and light industrial uses in a Commercial Management Association (CMA) property. This PD will address the assembly of goods, warehousing, distribution, personal service, and office needs within the City of Wylie. 4.3 Design Standards— It; Z a.. a Height Height of Main Structure (feet) 40 Number of Stories 3 Residential Proximity 2:1 from residential lot line Building Placement and Coverage Front Yard setback(feet) 0 Side Yard Setback(feet) 0 Read Yard Setback(feet) 0 Lot Coverage (percent) 100 4.3.0 Design Standards Review—All development within this PD will achieve all of the design standards from Article 4 with exceptions as follows: 4.3.D. Site Design Standards- requirements shall be evaluated based on the entire site, not each individual lot.Therefore, a site plan for the common area lot shall require a separate Planning and Zoning approval.Any significant change to the site plan that differs from the concept plan, as per Section 8.1.E of the Zoning Ordinance, shall require rezoning. 4.3.E. Landscaping—requirements shall be evaluated based on the entire site as shown in the concept plan, not each individual lot.Therefore, any later change to the site that is not allowed administratively approval, as per Section 8.1.E of the Zoning Ordinance, shall require rezoning. 1.All landscaping shall be Xeriscape in design with a focus on Texas native, drought resistant plant species. 2.At least 15%of the entire site shall be landscaping under irrigation. 4.3.F Architectural Features—requirements shall be evaluated based on each individual structure on each lot.Any later change to the elevations that is not allowed administrative approval,as per Section 8.1.E of the Zoning Ordinance, shall require rezoning. 5.1 Land Use Charts—The Land Use charts are hereby replaced by the following uses listed in Figure 5-2 which are allowed by right within this PD.All uses must abide by all licensing, safety, proximity, or other standards as required in the Zoning Ordinance. All uses must take place entirely within a platted building. No outside uses on any CMA property or accessory structures are allowed. Figure 5-2 Allowed Uses Animal Boarding/Kennel without Outside Pens Animal Clinic or Hospital Beer and Wine Package Sales Body Art Studio Church/House of Worship Cleaners (Commercial) Commercial Amusement or Recreation (Low- Cultural Arts Facility Density Inside) Contractor's Maintenance Yard Dry Cleaning or Laundry, Drop-Off or Self Service Day Care Facility Financial Institution (without drive-thru) Equipment Rental General Merchandise Store Food Processing Grocery Store General Office Household Equipment and Appliance Repair Health Club Library Industrial (Inside) Local Utilities Light Assemble and Fabrication Mounted Antenna Medical Clinic Office Showroom/Warehouse Occasional Sale (Temp) Personal Service Use Pawn Shop Post Office Police or Fire Station Radio,Television, or Microwave Tower Printing and Publishing Restaurant without drive-in or drive-thru service School, (Public or Private) Elementary School, Business School,Technical or Trade Seasonal Sales (Temp) Shooting Range, Indoor Telecommunications Tower Theater Utility or Government Installation other than listed Vehicle Display,Sales, or Service Warehouse/Distribution Center 7.3 Off Street Parking Requirements B.A base parking standard for the entire site of 1 parking space per 500 square feet of building area, regardless of use shall apply. Parking must be constructed for the entire square footage of a building before a Certificate of Occupancy is issued for the use of any part of said building. C.2. All parking for every use within the development shall be provided on the single lot owned and maintained by the CMA under conditions as provided for of Section 7.F.1 (Parking Alternatives) of the Zoning Ordinance. ` sak#'coo ow wry ``i% '^ . Amy F. ,&v`�+a.f�'-*tT h,�,,Y N i g� .,:..4:s"' 4 l..' m • ,, I` i 11 L F '11: , - 1 • ' FOE Iq TWEOGEM i!i-414,41ER4ER 14,41.1SERIA4 PAW , u,- 1 a E04144, Lk OW1,14415-4E1AS. Pp 4+?tic@-xY' ` , P'de. ��. PR IBZ.tat '626.0420 SF'-y.9u56:aCW€5 I b �"� �i �5. 5,EFL0IM1 4E1G44 1 a S4C,F,_ #IX A% L [ 6 ' LS • l �"`� x - 'a0 00 P.A.P. m.1P5 - _ f 1 .11.1C '"® ,;.4‘ a t.a r5,*tot . PERKING f.slwc04 cry 0104 I3 400,sR+=r�.Rac[i5,i�r,SF sS sa°.+.res CC $ x. Ca — "d! ��* MEAL RESPIRE, x 66`PACES NAM411 CA.P R� 4fNCCt 9 AG 4"F.53 F>Y4,€.e.2$SPACE A� T. . x',, R. 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FM 544 22 2710 \ \ BYBOTH 1 27 26 , MICHAEL [ ` .� &BRENDA' DAVIS HENRY WILLIAM MARY F ANTHONY rir SECURITY 200 - feet -"" au: � DAVIS MARY FENTERP ES 17L �- LLC " �`""`" LIIt `i 00, I Notification �� ,` ,�,��, �����. � l III 1 �` � HELMBERG R 123 `���\0} �� , FAMILY "rr SU b- RUBALCAVA REV TRUST a MIREYA ---- �`` Property 12 26 28 30 m„" — - STEEL RD t ' IE CITY OF .. ._ „_ARTBEFt, 0 201 149 51 DIAZ DWAN w 0- __.__ _ 1 mm 0 100 200 300 400 . ... Feet [':�:W.I I I NOTIFICATION MAP Ifv I:+ ZC #2018-12 WYLI E Map Date:8/29/2018 PUBLIC C'()MMIT:NT F()RI\I (Please type or arse black inky I.lcpartmeril or hlunnin�, 3O0 Country( Iuh IZo,oac1 Building 100 Wylie.Texas 75(198 x I am FOR the requested zoning as c.xp1Jinecl on the attached public notice For Zoning ('asc #2018-12 1 nut AGAINST the re_iju used zoning as explairtc'LI iiri the attached puhlie notice for Zoning C'arse#201 ti 11, Please feel tree to contact IPIainnine Department at 972,516.6320 with questions or concerns Date. Location ,Ka Time of Planning c\ 7.r niria Commission mectine: "Tuesday.. September 18, 2018, 6:00 pm Municipal Complex. 3(I0 Country Club hosed, :Building 100, Wylie."T"csx rs Date, Location c Time uI City Council meeting,: Tuesday, October y. 2018. C,a:Of) pm Municipal C:.omplex, 31)0 Country ('luh Road, Building 100,,A\tylie,Texas r 0— iZ,rL (plc Ides Ra iait) n164 4• .__ 6265 - L '- iiii e -64 7 .: 1 . F c;'omNI1iN`I'Se. „ . \II'•\k '''' I 7767t52441-it,z, 175 c . — . ' ? ,,_, r4 y- 6.,2 c. 4- ., 2-C. ► .- ''r \. '. vbc . i - 17_,, Y w U 1.. - a, ,( ,.r .. ,L 1, - ''—UP 3ti— -'.t- Wylie City Council Yll AGENDA REPORT Meeting Date: October 9, 2018 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 1, 2018 Budgeted Amount: Exhibits: 3 Subject Tabled from 09-25-2018 Remove from table and consider Consider, and act upon, Ordinance No. 2018-27 amending Ordinance No. 2007-06 Chapter 18 Animals, Section 18-9 Livestock and Fowl, establishing standards for allowing chickens within city limits. Recommendation Tabled from 09-25-2018 Remove from table and consider Motion to approve Ordinance No. 2018-27 amending Ordinance No. 2007-06 Chapter 18 Animals, Section 18-9 Livestock and Fowl, establishing standards for allowing chickens within city limits. Discussion At its work session held July 24, 2018, the City Council directed Staff to draft an ordinance that would allow chickens within the city limits of Wylie under certain guidelines. The current ordinance states that no person shall keep chickens, ducks, turkeys, geese, peacocks or guineas within the corporate limits of the city, except in lakes, public parks or as allowed by the Comprehensive Zoning Ordinance. The Zoning Ordinance only allows chickens on a commercial basis on land that is a minimum of 5 acres and zoned Agricultural 30 District. Chickens are defined as: any particular domesticated farm or ranch animal of the particular fowl family, Gallus domesticus developed in a number of breeds for its flesh, eggs, and feathers but does not include ducks, geese, turkeys, or other domesticated fowl. The proposed ordinance allows no more than 8 chickens, which must be kept in an enclosure located in the rear yard of a residential dwelling. The enclosure must provide a minimum of 10 sf per chicken for run space and a shelter or coop with a minimum of 3 sf per chicken. The structure must be completely enclosed to prevent the chickens from running at large. Appendix C Wylie Comprehensive Fee Schedule, Section V, Subsection D. License Fee assesses a $10 annual fee for each animal on a residential lot. If a license is required, then a onetime fee could be assessed to register the chickens. The fee would be assessed per property and not per chicken. The current Code in its entirety is included for reference. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-06 CHAPTER 18 ANIMALS, SECTION 18-9 LIVESTOCK AND FOWL, OF THE WYLIE CODE OF ORDINANCES; ESTABLISHING STANDARDS FOR ALLOWING CHICKENS WITHIN CITY LIMITS; DISTANCES FROM PRIVATE RESIDENCES AND PUBLIC BUILDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend the City Ordinance, Chapter 18, Section 18-9 Livestock and Fowl 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 City Ordinance Chapter 18, Section 18-9 Livestock and Fowl; The City of Wylie's City Ordinance Chapter 18 is hereby amended to read as follows: CHAPTER 18 ANIMALS ARTICLE I—IN GENERAL Sec. 18-9.—Livestock and fowl (a) No person shall engage in keeping livestock within the corporate limits of the city, except as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (b) No person shall keep more than eight (8) chickens as defined by this ordinance in an area zoned residential without first obtaining a fowl license from the Animal Control Department of the city. A fee shall be collected in accordance with Sec. 18-4 in an amount established from time to time by ordinance of the city council. The license is per property and is nontransferable and terminates in the event the license holder no longer resides at the property for which the license was issued or in the event the person ceases to harbor or keep backyard chickens on the property. (c) If the residence is located within an established HOA, the owner must provide documentation of their current HOA policies allowing chickens, coops or enclosures. (d) Chickens. Any particular domesticated farm or ranch animal of the particular fowl family, Gallus domesticus developed in a number of breeds for its flesh, e•+ s, and feathers but does not include ducks, geese, turkeys, or other domesticated fowl. (t>)Lel. The keeping of loud fowl such as roosters, 6t4eker ducks, turkeys, geese, peacocks or guineas, or other such loud fowl within the corporate limits of the city shall be prohibited, except in lakes, public parks or as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (f) Chickens shall be kept in an enclosure or fenced area with a minimum of ten square feet per hen of run space, and be provided a shelter (coop) with a minimum of three square feet per hen. (q) Such location and/or enclosure shall be no closer than 25 feet to the nearest inhabited dwelling, other than that of the owner. (h) Any fowl kept within the city limits as authorized by this section shall be kept in a secure pen, coop or enclosure, and such structure shall be such construction and strength to keep such animal from running at large. (i) The chicken coop or other enclosure must be located within the rear yard no closer than five feet (5') from any property line and at a location which is not visible from a public street. (I) The city shall have the authority to revoke a license at any time the owner does not comply with this section or any other requirements. (k) Should such chickens be kept on a lot in the City and such surrounding area is later developed to bring it closer to any inhabited building or dwelling closer than twenty-five feet (25'), excluding property owner who keeps chickens, such enclosure may be required to be moved to keep in compliance or if unable to keep in compliance, such animals shall be required to be removed from such premises within one (1)year of such non-compliance. (I) Enforcement of this section and any state laws regulating animal control shall be the responsibility of the animal control officers. SECTION 3: Savings/Repealing Clause: Wylie's City Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: , in the ORDINANCE NO. 2018-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-06 CHAPTER 18 ANIMALS, SECTION 18-9 LIVESTOCK AND FOWL, OF THE WYLIE CODE OF ORDINANCES; ESTABLISHING STANDARDS FOR ALLOWING CHICKENS WITHIN CITY LIMITS; DISTANCES FROM PRIVATE RESIDENCES AND PUBLIC BUILDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend the City Ordinance, Chapter 18, Section 18-9 Livestock and Fowl 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 City Ordinance Chapter 18, Section 18-9 Livestock and Fowl; The City of Wylie's City Ordinance Chapter 18 is hereby amended to read as follows: CHAPTER 18 ANIMALS ARTICLE I—IN GENERAL Sec. 18-9.—Livestock and fowl (a) No person shall engage in keeping livestock within the corporate limits of the city, except as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (b) No person shall keep more than eight (8) chickens as defined by this ordinance in an area zoned residential without first obtaining a fowl license from the Animal Control Department of the city. A fee shall be collected in accordance with Sec. 18-4 in an amount established from time to time by ordinance of the city council. The license is per property and is nontransferable and terminates in the event the license holder no longer resides at the property for which the license was issued or in the event the person ceases to harbor or keep backyard chickens on the property. (c) If the residence is located within an established HOA, the owner must provide documentation of their current HOA policies allowing chickens, coops or enclosures. (d) Chickens. Any particular domesticated farm or ranch animal of the particular fowl family, Gallus domesticus developed in a number of breeds for its flesh, eggs, and feathers but does not include ducks, geese, turkeys, or other domesticated fowl. Ordinance No. 2018-27 - amending Ordinance No. 2007-06 chapter 18 animals, section 18-9 livestock and fowl,of the Wylie Code Of Ordinances; establishing standards for allowing chickens within city limits (e) The keeping of loud fowl such as roosters, ducks, turkeys, geese, peacocks or guineas, or other such loud fowl within the corporate limits of the city shall be prohibited, except in lakes, public parks or as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (f) Chickens shall be kept in an enclosure or fenced area with a minimum of ten square feet per hen of run space, and be provided a shelter (coop) with a minimum of three square feet per hen. (g) Such location and/or enclosure shall be no closer than 25 feet to the nearest inhabited dwelling, other than that of the owner. (h) Any fowl kept within the city limits as authorized by this section shall be kept in a secure pen, coop or enclosure, and such structure shall be such construction and strength to keep such animal from running at large. (i) The chicken coop or other enclosure must be located within the rear yard no closer than five feet (5') from any property line and at a location which is not visible from a public street. (j) The city shall have the authority to revoke a license at any time the owner does not comply with this section or any other requirements. (k) Should such chickens be kept on a lot in the City and such surrounding area is later developed to bring it closer to any inhabited building or dwelling closer than twenty-five feet (25'), excluding property owner who keeps chickens, such enclosure may be required to be moved to keep in compliance or if unable to keep in compliance, such animals shall be required to be removed from such premises within one (1)year of such non-compliance. (1) Enforcement of this section and any state laws regulating animal control shall be the responsibility of the animal control officers. SECTION 3: Savings/Repealing Clause: Wylie's City Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No. 2018-27 - amending Ordinance No. 2007-06 chapter 18 animals, section 18-9 livestock and fowl,of the Wylie Code Of Ordinances; establishing standards for allowing chickens within city limits SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of October, 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: October 17,2018, in the Wylie News Ordinance No. 2018-27- amending Ordinance No. 2007-06 chapter 18 animals, section 18-9 livestock and fowl,of the Wylie Code Of Ordinances; establishing standards for allowing chickens within city limits 10/1/2018 Wylie,TX Code of Ordinances Chapter 18-ANIMALS[1] ARTICLE I.-IN GENERAL Sec. 18-1.-Definitions. The following words,terms and phrases,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any live vertebrate creature, domestic or wild. Animal control officer means a person designated by the city manager to represent and act for the city in the impounding of animals,controlling of animals running at large and as otherwise required in this chapter. Animal shelter means a facility operated by the city for the purpose of impounding or caring for animals held under the authority of this chapter or state law. At large means off the premises of the owner and not under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain or rope. Circus means a commercial variety show featuring animal acts for public entertainment. Commercial animal establishment means any pet shop,auction, riding school or stable, zoological park,circus, recurring animal exhibition or kennel. Dangerous dog means a dog that: (1) Makes an unprovoked attack on a person or another animal that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person or other animal. Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats. Livestock means a horse,stallion, mare,gelding,filly, colt, mule,jenny,jack,jennet, hog,sheep,goat or a head of any species of cattle. Pot-bellied pigs,as defined by this article are not considered livestock. Owner means any person, partnership or corporation owning, keeping or harboring one or more animals.An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. Performing animal exhibition means any spectacle, display,act or event, other than circuses, in which performing animals are used. Pet means any animal kept for pleasure rather than utility. Pet shop means any person, partnership or corporation,whether operated separately or in connection with another business enterprise,except for a licensed kennel,that buys,sells, boards or grooms any species of animal. 1/16 10/1/2018 Wylie,TX Code of Ordinances Public nuisance means any animal which molests passersby or passing vehicles,attacks other animals,trespasses on school grounds, roams at large,damages public or private property, barks,whines, meows or howls in an excessive, continuous or untimely fashion. Restraint means an animal in a secure enclosure and/or completely confined by a building,wall or fence of sufficient strength of construction to restrain the animal on the premises of the owner or an animal off the premises of the owner and under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain or rope. Riding school or stable means any place which has available for hire, boarding and/or riding instruction any horse, pony, donkey, mule or burro. Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered every 12 months, or as prescribed by the state board of health by a licensed veterinarian. Veterinary hospital or clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. Vicious animal means any individual animal which has demonstrated an inclination, desire or intent to attack another animal or a person without provocation as determined by the animal control officer and/or a licensed veterinarian. Wild animal means any animal that is customarily considered dangerous, undomesticated or not normally born and raised in captivity, including, but not limited to the following classes and families of animals(specific animals are named as examples of the class or family, not as a complete list of the class or family): (1) Class Reptilia: a. Family Helodermatidae(venomous lizards)and Family Hydrophiidae(Venomous Marine snakes); b. Family Viperidae(rattlesnakes, pit vipers and true vipers); c. Family Elapidae(coral snakes,cobras, and mambas); d. Family Columbridae-Dispholidus Typus(boomslang); e. Bioga Dendrophilia (mangrove snake)and Kirklandii(twig snake only); and f. Order Crocodilia(such as crocodiles and alligators); (2) Class Ayes: Order Falconiforms(such as hawks, eagles,falcons and vultures); (3) Class Mammalia: Order Carnivores: a. Family Felidea(such as lions,tigers, bobcats,jaguars, leopards and cougars), except commonly domesticated cats; b. Family Canidae(such as wolves,dingoes,coyotes,foxes and jackals)and any hybrid of an animal listed in this section, except commonly domesticated dogs; c. Family Mustelida (such as weasels, skunks, martins, minks, badgers and otters)except ferrets; d. Family Procyonidae(such as raccoons and coati); e. Family Ursidae(such as bears); f. Marsupialia (such as kangaroos,opossums, koala bears,wallabies, bandicoots, and wombats); g. Chiroptera(bats); h. Edentata and Xenarthraj(such as sloths,anteaters,and armadillo); i. Probosidea (elephants); j. Primata(such as monkeys, chimpanzees,orangutans, and gorillas); k. Rodentia (such as beavers and porcupines); and 2/16 10/1/2018 Wylie,TX Code of Ordinances I. Ungulata(such as antelope, deer, bison and camels); (4) Class Amphibi: Poisonous frogs. Does not include non-poisonous reptiles or non-poisonous snakes. Wild animal does not include livestock,fowl or normal household pets,such as but not limited to: dogs, cats, cockatiels, hamsters,guinea pigs,gerbils, rabbits,fish or small, nonpoisonous reptiles, or nonpoisonous snakes. Wild animal includes any hybrid of an animal listed in this definition, unless certified for medical, biological, herpetological or other scientific research or study.This definition shall apply regardless of state or duration of captivity. Zoological park means any facility other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals,operated by a person, partnership, corporation or governmental agency. (Ord. No.87-57, §2, 10-13-1987; Ord. No.89-2, § 1, 1-10-1989; Code 1991, ch.2, § 1.00; Ord. No. 92-5, § 1(15.01),3-10-1992; Ord. No. 93-31,§ I, 6-22-1993; Ord. No. 94-51, § 1, 11-8-1994; Code 1997, § 18-1; Ord. No. 2002-34, §2, 9-24-2002; Ord. No.2004-13,§ 2,4-27-2004; Ord. No.2017-20,§2(Exh.A), 6-27-2017) State Law reference— Definitions pertaining to dangerous dogs,V.T.C.A., Health and Safety Code§822.041; definitions pertaining to rabies,V.T.C.A., Health and Safety Code§826.002. Sec. 18-2.-Enforcement of chapter. (a) The provisions of this chapter shall be enforced by the animal control officers.The animal control officers have the authority to issue citations to persons violating the provisions of this chapter. (b) It shall be unlawful for any person to interfere with an animal control officer or his duly authorized representative in the performance of his duties as prescribed by this chapter. (c) Animal control officers have the right to pursue animals running at large onto private property while enforcing the provisions of this chapter. (Ord. No.87-57,§4, 10-13-1987; Code 1991, ch. 2, §2.00; Code 1997,§ 18-2) Sec. 18-3.-Pet and animal care guidelines. The following are established as guidelines for pet and animal care and are not intended to contravene the provisions for animal cruelty contained in the Texas Penal Code: (1) Provision of food,shelter and care. No owner shall fail to provide his animals with sufficient,good and wholesome food and water, proper shelter and protection from the weather,veterinary care when needed to prevent suffering, and with humane care and treatment. (2) Abuse;animal fighting. No person shall beat, cruelly ill-treat,torment,overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight,cockfight, bullfight or other combat between animals or between animals and humans. (3) Abandonment. No owner of an animal shall abandon such animal. (4) Cosmetic surgery. No person shall crop a dog's ears, except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog's health and comfort; and in no event shall any person, except a licensed veterinarian, perform such an operation. (5) Striking with a vehicle.Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible,and shall immediately report such injury or death to the animal's owner. If the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. 3/16 10/1/2018 Wylie,TX Code of Ordinances (Ord. No.87-57,§3, 10-13-1987; Code 1991, ch. 2, §2.00; Code 1997,§ 18-3) State Law reference—Cruelty to animals,V.T.C.A., Penal Code§42.09. Sec. 18-4.-Payment of fees generally. The animal control officer shall be responsible for collecting all fees established and levied in accordance with this chapter. Under no circumstances will there be refunds of any fees. (Ord. No.87-57, § 5, 10-13-1987; Code 1991, ch. 2, §4.00; Code 1997, § 18-4) Sec. 18-5.-Certain establishments exempt from license and permit requirements. Veterinary hospitals/clinics and government-operated shelters and zoological parks are exempt from obtaining any permits that may be required by this chapter. (Ord. No.87-57,§ 6, 10-13-1987; Code 1991, ch. 2, §5.00; Code 1997,§ 18-5) Sec. 18-6.-Impoundment of animals running at large. (a) The animal control officer or any police officer shall take up and impound any animal found running at large in violation of this chapter. If the owner, keeper or harborer of such animal is known or can be readily ascertained, the animal control officer shall notify him by telephone, personal service or certified mail not later than the day following such impoundment. (b) The owner, keeper, or harborer of any animal impounded under this section may redeem such animal within three days by payment of the impounding fee and boarding fee as provided for in the fee schedule located in appendix C to this Code. Fractions of a 24-hour period shall be computed at a full day's rate for the purposes of the daily charges set out in this subsection. (c) No animal, impounded within the animal shelter under the provisions of this section shall be released to its owner, keeper, or harborer until any permit required by this chapter has been obtained for the animal and until the animal has been vaccinated in accordance with this chapter. (d) All impounded animals not redeemed within seven days may be destroyed in a humane manner by a licensed veterinarian, or under his supervision; offer for adoption by the animal control officer for a period of one week; or transferred to an area humane society or approved animal shelter.The owner of any destroyed animal is responsible for and must pay for all veterinarian, medical and related charges prescribed in the fee schedule in appendix C to this Code within seven days of being notified of the amount of such charges. (e) Any impounded animal which has been seriously injured, is seriously ill or is incapable of feeding itself may,to prevent suffering, be submitted to euthanasia immediately by a licensed veterinarian or under his supervision. The animal shelter may not be responsible for providing veterinary medical care for any sick or injured animal. However, if care is provided to any animal,the owner is responsible for all veterinarian and medical charges which shall be paid before the animal is released. (f) Persons wishing to leave healthy dogs or cats at the animal control center shall be required to sign a release form.Animals which are obviously diseased will not be accepted at the center. (g) Persons wishing to adopt animals shall provide the required documents,sign an agreement and pay the prescribed fees before an animal is released to them. (Ord. No.87-57, § 14, 10-13-1987; Ord. No. 89-2,§4, 1-10-1989; Code 1991, ch. 2, § 12.00; Code 1997, § 18-6; Ord. No.2002-34, § 3,9-24-2002) 4/16 18n/2018 Wylie,Tx Code ofOrdinances State Law reference—Authority to order the restraint and impoundment of dogs and cats,V.T.C.A., Health and Safety Code§§ 836'033' 826.034. Sec. 18'7. Kennels. Kennels will not be allowed in residentially zoned areas. (Code 1991' ch. 2' § 1lO[C Code 1997' § 18-7) Sec 18-8. Wild animals. (a) No owner shall keep or permit to be kept on his premises or premises under his control,any wild or vicious animal for sale, display or for exhibition purposes,whether gratuitously or for a fee.This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses. (b) No person shall keep or permit tobe kept any wild animal asapet. (c) The animal control officer may issue temporary approval for the keeping,care and protection of an injured, newborn or immature animal native to this area that he deems to be incapable of caring for itself. (d) The environmental health department shall have the power to release or order released any animal being kept temporarily under the provisions of subsection(c)of this section. (e) Felines caught in properly set traps which do not have current city license and rabies tags shall be considered feral and unless claimed and/or redeemed within three days of their capture shall be disposed of in the normal fashion. (Ord. No.87-57.§ 16' 10-13-1987; Ord. No. 89-2.§ 5' 1-1O-19D9; Code 1991' ch. 2' § 14.00; Code 1997' § 18-8) 3ec. 1O-9. Livestock and fowl. (a) No person shall engage in keeping livestock within the corporate limits of the city,except as allowed by the Comprehensive Zoning Ordinance of the City ofWylie. (b) It shall be unlawful to own or keep chickens,ducks,turkeys,geese, peacocks or guineas within the corporate limits of the city, except in lakes, public parks or as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (Ord. No.87'57.§ 18\ 10-13'1987; Code 1991'ch.I§ 16.00; Ord. No. 94-51' § 5` 11-8-1994; Code 1997' § 18-9; Ord. No. 20U7'06i §Z'2-27-2OO7) Sec18'10. Protection ofanimals. (a) Chickens or ducklings younger than eight weeks of age may not be sold in quantities of less than ten to a single purchaser. (b) No person shall give away any animal as a prize for,or as an inducement to enter any contest,game or competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade. (c) No person shall knowingly expose any known poisonous substance,whether mixed with food or not, so that the poisonous substance may be eaten by any pet or domestic animal. (Ord. No.87'57.§ 19' 10-13-1987; [ode 1991'ch.2.§ 17.00; Ord. No. 94-51' § 5. 11-8-199't [ode 1997' § 18-10) Sec. 18-11. Restmint. 10/1/2018 Wylie,TX Code of Ordinances (a) All animals shall be kept under restraint. (b) No animal shall be permitted to run at large. (Ord. No.89-2, §7, 1-10-1989; Code 1991, ch.2, § 18.00; Ord. No.94-51,§ 5, 11-8-1994; Code 1997,§ 18-11) State Law reference-Authority to order restraint of dogs and cats,V.T.C.A., Health and Safety Code§§ 826.033,826.034. Sec. 18-12.- Prevention of public nuisances. Every owner shall exercise proper care and control of his animals to prevent them from becoming a public nuisance. (Ord. No.87-57,§21, 10-13-1987; Code 1991,ch.2,§ 19.00; Ord. No. 94-51, § 5, 11-8-1994; Code 1997, § 18-12) State Law reference-Authority of city to define and prohibit public nuisances,V.T.C.A., Local Government Code§217.042. Sec. 18-13.-Animal waste/slaughtering of animals. (a) It shall be unlawful and considered a public nuisance for any person to allow any pen,enclosure,yard or similar place used for the keeping of animals to become unsanitary, offensive by reason of odor or disagreeable to persons of ordinary sensibilities residing in the vicinity thereof because of flies or other insects.Any condition injurious to public health caused by improper waste disposal will be considered a violation of this chapter. (b) The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas or private property. (c) It shall be unlawful for any person to slaughter,skin or defeather an animal within the city, unless as part of a bona fide, licensed business. It shall further be unlawful for any person to butcher or display the carcass of an animal on residential property within the city whereby it is in the view, in whole or in part, of the public, except an animal carcass actually cooking over a barbecue pit or a dead animal being prepared by a licensed taxidermist for the purpose of display. (Ord. No.87-57,§22, 10-13-1987; Code 1991,ch.2,§20.00; Ord. No. 94-51, § 5, 11-8-1994; Code 1997, § 18-13; Ord. No.2004- 13, § 5,4-27-2004) Sec. 18-14.-Animal noise. It shall be unlawful and considered a public nuisance to keep any animal which, by causing frequent or long continued barking or noise, shall disturb any person of ordinary sensibilities in the vicinity. (Ord. No.87-57, §23, 10-13-1987; Code 1991, ch.2, §21.00; Ord. No. 94-51, § 5, 11-8-1994; Code 1997, § 18-14) State Law reference-Authority of city to define and prohibit public nuisances,V.T.C.A., Local Government Code§217.042. Sec. 18-15.-Traps. (a) Humane traps may be used for capturing animals roaming unrestrained in the city.The use of steel jaw traps to apprehend animals is illegal. (b) Traps may be obtained from the animal control officer. Persons wishing to borrow such traps shall sign a trap loan form and pay the prescribed deposit. Failure to return the trap in good condition shall result in forfeiture of the deposit.The deposit fee shall be as provided for in the fee schedule located in appendix C to this Code. (Ord. No.89-2, §8, 1-10-1989; Code 1991, ch.2, § 22.00; Ord. No.94-51,§ 5, 11-8-1994; Code 1997,§ 18-15) Sec. 18-16.-Service and assistance animals. 6/16 10/1/2018 Wylie,TX Code of Ordinances (a) Service and assistance animals,when utilized by the disabled,shall not be prohibited entry into public buildings and accommodations. (b) A"service animal" is any guide dog,signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual person with a disability including, but not limited to,guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Sec. 18-17.- Pot-bellied pigs. (a) It shall be unlawful for anyone to keep swine within the city limits except for pot-bellied pigs which meets with the requirements set forth in subsection(b)below. (b) Requirements for keeping pot-bellied pigs: (1) Pot-bellied pig.The term "pot-bellied pig"shall refer to a variety of swine that is no more than 18 inches in height at shoulder level when fully grown, has short erect ears and a straight tail. No swine shall be considered a pot-bellied pig if its weight exceeds 95 pounds, or unless registered with a licensed breeder. (2) It shall be unlawful for any person to keep, harbor, or raise more than two pot-bellied pigs in any one location within the city. (3) All such pot-bellied pigs shall be kept indoors at all times other than for evacuation of waste material or during exercise periods.The animals may not be left in the backyard or front yard of the owner's or harborer's residence unattended.All waste material must be collected and disposed of in a manner that will not create a nuisance. (4) Pot-bellied pigs are subject to all applicable laws and fees related to at large. (5) It shall be unlawful for any person to keep, harbor, or raise a pot-bellied pig which has not received annual vaccinations for erysipelas, parvo virus and leptospirosis(the first of which vaccination shall be obtained before the animal reaches the age of four months). It shall be the responsibility of the owner or caretaker of the pot-bellied pig to forward to the animal control department within 14 days of the vaccination a certificate from a licensed veterinarian which shall include the following information: a. Name,address,and phone number of the owner; b. Name,address and phone number of the licensed veterinarian issuing the certificate; c. Name and description of the animal; d. Types and dates of the vaccinations; e. Tag number(s); f. Approximate weight, height and age of the animal;and g. The animal's general health. h. Proof of spay or neuter(all pot-bellied pigs must be spayed or neutered by 12 weeks of age). i. Microchip number and manufacturer name(all pot-bellied pigs must be microchipped by 12 weeks of age). (6) It shall be unlawful for any person to keep a pot-bellied pig at any location within the city unless such a person has first filed with the animal control officer a completed application for a permit within 14 days of acquiring or relocation to keep a pot-bellied pig.The application must be accompanied by a fee of$10.00 per animal and the required veterinary certificate.The permit must be renewed yearly by the 30 th day of January regardless of initial issuance date.The permit and or registration is nontransferable to another owner or residence other than the initial register. (7) Upon the owner's or harborer's compliance with the above provisions of this section the animal control 7/16 10/1/2018 Wylie,TX Code of Ordinances officer or his/her representative shall register the pot-bellied pig and issue a metal registration tag.The registration tag is to be affixed to the registered animal via collar or harness at all times. (8) It shall be unlawful for any person to breed pot-bellied pigs within the city. (9) Should the pot-bellied pig die, be moved or acquire a new owner or caretaker, it shall be the registered owner's duty to inform the animal control officer of this fact within 14 days of the event. (Ord. No.2017-20, §2(Exh.A), 6-27-2017) Secs. 18-18-18-40.- Reserved. ARTICLE II.-DOGS AND CATS121 DIVISION 1.-GENERALLY Sec. 18-41.-Sterilization. It shall be unlawful for any person to adopt a dog or cat without complying with the sterilization requirements set forth in V.T.C.A., Health and Safety Code ch. 828, as it exists or may be amended. (Ord. No.2004-13, § 6,4-27-2004) Secs. 18-42-18-60.- Reserved. DIVISION 2.- PERMITS;TAGS Sec. 18-61.- Requirements and restrictions. (a) Registration permit. It shall be unlawful for any person to own, keep or harbor any dog or cat within the city, unless a current registration permit has been issued for such dog or cat in accordance with this section. (b) Application.The owner of any dog or cat within the city shall make application to the animal control officer of the city or his representative for a registration permit for such dog or cat. Such application shall contain information on the dog's or cat's description, date of vaccination and name,address and telephone number of the owner, keeper or harborer.The owner, keeper or harborer shall also present to the animal control officer of the city or his representative a current certificate of vaccination issued for such dog or cat in accordance with section 18- 101. (c) Fee. For each canine or feline the annual registration permit shall be as provided for in the fee schedule located in appendix C to this Code. Proof of spaying or neutering shall rest with the owner of the animal. (d) Permit and tag issuance. Upon the owner's compliance with subsections(a)through(c)of this section,the animal control officer or his representative shall issue a registration permit for the dog or cat,together with a metal tag, which tag shall be attached to the dog's or cat's collar. (e) Period of validity.A permit issued under this section shall be valid for the calendar year in which issued and shall be renewed on or before January 1 of the following year. (f) Lost or stolen tags and permits;replacement;fee. If a permit tag issued under this section is lost or stolen, it may be replaced by payment of a fee as provided for in the fee schedule located in appendix C to this Code and the presentation of the registration permit. If the tag and registration permit are both lost or stolen, a new permit 8/16 10/1/2018 Wylie,TX Code of Ordinances must be purchased at the regular fee as set out in subsection(c)of this section. (g) False statements;nullification of permits.Any false statement in a rabies certification, or application for a permit under this section,shall render null and void the permit issued for such dog or cat and shall subject such dog or cat to being impounded in accordance with the provisions of this chapter. (Ord. No.87-57,§7, 10-13-1987; Ord. No.89-2, 1-10-1989; Code 1991,ch.2,§ 6.01; Code 1997, § 18-76) Sec. 18-62.- Fee exceptions. Fees under section 18-76 shall not be required for dogs trained to assist blind or handicapped persons, nor for government police dogs. (Ord. No.87-57, § 8, 10-13-1987; Code 1991, ch. 2, §6.02; Code 1997, § 18-77) State Law reference—"Assistance dog"defined,V.T.C.A., Human Resources Code § 121.002(2). Sec. 18-63.-Transfer; use for other animal. (a) It shall be unlawful for any person to use any permit for any animal other than the animal for which it was issued. (b) Permits shall not be transferable among animals or their owners. (Ord. No.87-57,§ 9, 10-13-1987; Code 1991, ch. 2, §6.03; Code 1997,§ 18-78) Sec. 18-64.- Revocation. (a) The animal control officer may revoke the permit or license of any person regulated by this chapter if the person holding the permit or license refuses or fails to comply with this chapter or any law governing the protection and keeping of animals. (b) The animal control officer shall be permitted to inspect all animals and the premises where animals are kept at any reasonable time. If permission to inspect is refused,the license of the owner may be revoked.Additionally, if entry is refused,the animal control officer shall have recourse to every remedy provided by law to secure entry. (c) The animal control officer shall have the right to provide for the impoundment of animals when a license is revoked until a magistrate orders the disposition of such animals. (Ord. No.87-57,§ 10, 10-13-1987; Code 1991,ch.2,§7.00; Code 1997, § 18-79) Secs. 18-65-18-80.- Reserved. DIVISION 3.- DANGEROUS DOGS131 Sec. 18-81.- Definitions. The following words,terms and phrases,when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control authority means the city animal control officer as defined and appointed under section 18-1. Dog means a domesticated animal that is a member of the canine family. Owner means a person who owns or has custody or control of the dog. 9/16 10/1/2018 Wylie,TX Code of Ordinances Secure enclosure means a fenced area or structure that is: (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the escape or release of a dog; (4) Clearly marked as containing a dangerous dog;and (5) If on a porch, patio or any part of a house or structure,secured in such a fashion as to prevent the dog from exiting the structure, of its own volition,through open windows, screen windows, screen doors or other means. (Ord. No.92-5, § 1(15.01), 3-10-1992; Code 1997, § 18-111) Sec. 18-82.- Requirements for owner. (a) Registration;restraint;muzzling;liability insurance;identifying photographs supplied to city. Not later than the 30th day after the owner learns that he is the owner of a dangerous dog,the owner shall: (1) Register the dangerous dog with the animal control authority for the city. (2) At all times keep the dog in a secure structure, or if not in a secure structure on a leash, not exceeding six feet in length, in the immediate control of a person and muzzled by a muzzling device sufficient to prevent the dog from biting persons. (3) Obtain liability insurance coverage or show financial responsibility in an amount of at least$100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. (4) All owners of dangerous dogs shall provide the city with two color photographs at the time of registration of the dog in two different poses,showing the color and approximate size of the animal. (b) Conditions considered to alert owner of dog's dangerous status. For purposes of this section,a person learns that he is the owner of a dangerous dog when: (1) The owner knows of an attack described in section 18-84(a). (2) The owner is informed by the animal control authority that the dog is a dangerous dog. (c) Reporting and investigation of incidents;determinations. If a person reports an incident described by section 18- 84(a),the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses,the animal control authority determines the dog is a dangerous dog, he shall notify the owner of that fact. (d) Appeals of determinations.An owner, in accordance with V.T.C.A., Health and Safety Code§ 822.0421,as it exists or be amended, may appeal the determination of the animal control authority to a justice or municipal court of competent jurisdiction.An owner may appeal the decision of the justice or municipal court in the same manner as an appeal for other civil cases. (Ord. No.92-5, § 1(15.02), 3-10-1992; Code 1997, § 18-112; Ord. No. 2004-13, §3,4-27-2004) Sec. 18-83.- Registration. (a) Annual registration by city;requirements.The animal control authority for the city shall annually register a dangerous dog if the owner: (1) Presents proof of: a. Liability insurance or financial responsibility, as required by section 18-82(a)(3); b. Current rabies vaccination of the dangerous dog; 10/16 18n/2018 Wylie,Tx Code ofOrdinances c The secure enclosure in which the dangerous dog will be kept;and (2) Pays an annual registration fee as provided in the fee schedule in appendix C to this Code. (b) Issuance of tag.The animal control authority shall provide to the owner registering a dangerous dog a registration tag.The owner must place the tag on the dog'scollar. (c) Notification of sale ormoving to new addres�new tag tobe issued. |fan owner ofa registered dangerous dog sells or moves the dog to a new address,the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located of such move and new address. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee as provided in the fee schedule in appendix C to this Code,the animal control authority shall issue a new registration tag tobe placed on the dangerous dog'scollar. (d) Report by owner of attacks required.An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people. (Ord. No.92'5' § l(15.O3)' 3'1O'1992; Code 1997. § 1O'113) Sec. 1D'84. Attack by dangerous dog. (a) Unprovoked attack,-owner's offense.A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person or animal outside the dog's secure enclosure and causes bodily injury to the other person oranimal. (b) Misdemeanor classification.An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death of a person or animal, in which event,the offense is a class A misdemeanor. (d Destruction of dog. If a person is found guilty of an offense under this section,the court may order the dangerous dog destroyed by a person listed in V.T.C.A., Health and Safety Code§822.003. (d) Civilpenalty. In addition to criminal prosecution,a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000.00.The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city. (Ord. No. 92'5' § 1(15.04)' 3'10'1992; [ode 1997' 5 18'114; O/d. No. 2004-13' §4'4'27'2OU4) Sec. 18'85. Violations ofsection 18'82. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any provisions of section 18-82. (b) An offense under this section isa class[ misdemeanor. (Ord. No,92'5' § 1(15.O5)' 3-1O-1992; Code 1997. § 18-115) Sec. 1886. Defense to prosecution under section 18-84or18-85. (a) It is a defense to prosecution under section 18-84 or section 18-85 that the person is a veterinarian, peace officer,a person employed by a recognized animal shelter,or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog in connection with that position. (b) It is a defense to prosecution under section 18-84 or section 18-85 that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. (c) It is a defense to prosecution under section 18-84 or section 18-85 that the person is a dog trainer or an employee of a guard dog company under the Private Security Act,V.T.C.A., Occupations Code§ 1702.001 et seq. 10/1/2018 Wylie,TX Code of Ordinances (Ord. No.92-5, § 1(15.06), 3-10-1992; Code 1997, § 18-116) Secs. 18-87-18-100.-Reserved. ARTICLE III.-RABIES CONTROL[41 Sec. 18-101.-Animal vaccinations. The owners of all animals capable of transmitting rabies shall have such animals vaccinated against rabies by the time the animal is four months of age, a booster within 12 months following the initial vaccination,and once every 36 months thereafter or as prescribed by the state board of health against rabies with a vaccine approved by the United States Department of Agriculture and administered by a licensed veterinarian,who shall issue to the owner of the animal a vaccination certificate.The owner shall retain such certificate of the vaccination until the date of its expiration. (Ord. No.87-57, § 11, 10-13-1987; Code 1991, ch.2, § 8.00; Code 1997, § 18-151) State Law reference— Rabies vaccinations,V.T.C.A., Health and Safety Code§826.021 et seq. Sec. 18-102.- Reporting rabies cases. (a) By owner. It shall be the duty of the owner or harborer of any animal or practicing veterinarian to report to the environmental health department all suspected cases of rabies.The report shall be made immediately upon diagnosis or suspicion of rabies in animals. (b) By proclamation.Should a potential outbreak of rabies within the city be suspected and the danger of the public safety from rabid animals be reasonably imminent,the animal control officer is hereby authorized to issue a quarantine proclamation, ordering persons owning, keeping or harboring dogs, cats or other animals to muzzle the animals or confine them for such time as may be specified in such quarantine proclamation. Upon publication of such proclamation by local newspapers, persons owning or harboring such animals shall confine them to premises unless they are effectively muzzled and under the control of an adult person by leash, cord, chain or rope.Animals found at large in violation of this section may be destroyed by an officer of the city if such officer is unable with reasonable effort to apprehend such animals for impoundment. (Ord. No.87-57,§ 12, 10-13-1987; Code 1991, ch.2,§ 9.00; Code 1997, § 18-152) State Law reference— Persons required to report animal bites and scratches to local rabies control authority,V.T.C.A., Health and Safety Code§826.041. Sec. 18-103.-Treatment or disposition of animals exposed to rabies. (a) Domestic animals.Vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be humanely destroyed, or, if sufficient justification for preserving the animal exists,the exposed vaccinated animal shall be immediately given a booster rabies vaccination and placed in strict isolation for 45 days. Unvaccinated animals shall be immediately given a rabies vaccination and placed in strict isolation for 90 days and given booster vaccinations during the third and eighth week of isolation. If the unvaccinated animal is under four months of age at the time of the second vaccination,an additional booster shall be given when the animal reaches four months of age. If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, it may be released to the owner prior to or upon expiration of the quarantine period, provided the owner has paid all of the reasonable costs of such quarantine and any veterinarian bills. However, if 12/16 10/1/2018 Wylie,TX Code of Ordinances the quarantined animal shows the clinical signs of the disease of rabies,the animal shall be humanely destroyed and its head or brain submitted to the nearest laboratory certified by the state department of health for rabies diagnosis for testing. (b) Wild or exotic animals. No wild or exotic animal will be placed in quarantine.All wild or exotic animals will be humanely destroyed in such a manner that the brain is not mutilated.The brain will then be submitted to a laboratory certified for rabies diagnosis in order to be tested. (c) Quarantining facilities.Any animal to be placed in quarantine must be placed in an animal control facility approved by the state department of health as directed by the city rabies control authority. However,the owner of the animal may request permission for home quarantine if the following criteria can be met: (1) Secure facilities must be available at the home of the animal's owner,and must be approved by a licensed veterinarian. (2) The animal is currently vaccinated against rabies. (3) A licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period,the city and veterinarian must be notified by the person having possession of the animal.At the end of the observation period,the release from quarantine must be provided in writing by the attending veterinarian and approved by the city. (4) The animal was not a stray at the time of the bite incident. If the biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a laboratory certified by the state department of health for rabies diagnosis. (Code 1991, ch. 2, § 10.00; Code 1997, § 18-153) Sec. 18-104.-Animal bites;quarantines. (a) The animal control officer shall investigate reports in which animals have bitten persons. It shall be the responsibility of animal control officers to obtain details on the bite cases,and to conduct a followup investigation of the biting animal to determine if it is suffering from rabies. (b) Any animal suspected of biting a person or animal shall be placed under a quarantine watch to determine if the animal is infected with rabies.This quarantine shall be for a period not less than ten days after the biting of such person or animal.The length of the quarantine shall be determined by the investigating animal control officer. (c) The owner of the animal shall surrender the animal to the animal control officer immediately, or otherwise arrange for the animal control officer to pick up and retain such animal, in a separate kennel at the animal shelter for the period of the quarantine.After the animal has been released from quarantine,the owner may redeem the animal from the animal shelter by payment of the fees for quarantine, impoundment and medical and veterinary expenses prescribed in the fee schedule in appendix C of the Code. If the owner does not redeem the animal from the animal shelter,the owner is still responsible for and must pay for all veterinarian, medical and related charges within seven days of being notified of the amount of such charges. (d) In lieu of animal quarantine at the animal shelter,the animal control officer may authorize the animal to be retained on the owner's premises under the following conditions: (1) When quarantined at home the animal must be restrained and removed to an area where it will not come in contact with any persons or animals outside the household. (2) The animal must be made available to the animal control officer for periodic inspections. (3) The owner will observe the animal for any signs of illness or personality changes and report such changes to the animal control officer. (4) The animal may not be moved from the known quarantine location without prior notification and approval 13/16 10/1/2018 Wylie,TX Code of Ordinances of the animal control officer. (5) The animal will remain under quarantine until the owner is notified that the final health inspection has been made and that the animal has been cleared by the animal control officer. Contact will be made by phone, personal service or certified mail. (6) The animal may not receive a vaccination for rabies during the quarantine period. (7) Failure to comply with all conditions of residence quarantine will result in the animal being impounded at the animal shelter for the duration of the quarantine period. (8) Persons wishing to use the optional home quarantine shall be required to sign an agreement and pay the required fees attached thereto.The remains of any animal which expires during a home quarantine shall be delivered to the animal control center. Failure to deliver such remains shall constitute a violation of this chapter. (e) After the animal has been released from quarantine,the owner will have five days in which to have the animal registered with the city by the purchase of a city registration tag. (f) It shall be unlawful for any person to interfere with the enforcement of this section or to fail to refuse to surrender to an animal control officer or other member of the environmental health department any animal involved or suspected of being involved in a bite case, or to otherwise fail or refuse to provide for the quarantining of animals as may be authorized by this chapter. (Ord. No.87-57,§ 13, 10-13-1987; Ord. No. 89-2,§3, 1-10-1989; Code 1991, ch. 2,§ 11.00; Code 1997, § 18-154; Ord. No.2002- 34, §4, 9-24-2002) State Law reference—Quarantine of animals,V.T.C.A., Health and Safety Code§826.042 et seq. Sec. 18-105.-Penalty. Any person,firm,corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding$2,000.00. Each continuing day's violation under this article shall constitute a separate offense.The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation.The city retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. No.2002-34, § 5, 9-24-2002) Secs. 18-106-18-120.-Reserved. ARTICLE IV.-ANIMAL SHELTER ADVISORY BOARD Sec. 18-121.- Definitions. For the purposes of this article,the following terms, phrases,words and their derivation shall have the meaning given herein: Board means the animal shelter advisory board of the City of Wylie,Texas. Board member means the members of the city animal shelter advisory board. (Ord. No.2003-11, §2, 6-10-2003) Sec. 18-122.- Establishment of city animal shelter advisory board. 14/16 10/1/2018 Wylie,TX Code of Ordinances The city animal shelter advisory board is hereby established to, among other things, oversee the city animal shelter and act in an advisory capacity to the city council. (Ord. No.2003-11, §3, 6-10-2003) Sec. 18-123.- Number of members; qualified appointment;terms. The board shall consist of five members.The board shall consist of one licensed veterinarian, one member of the city council of the City of Wylie,Texas,the animal shelter supervisor of the City of Wylie,Texas(whose duties include the daily operation of the Wylie animal shelter), one representative from an animal welfare organization and one resident of the City of Wylie,Texas,with all board members to be appointed by the city council for a term of two years, except for the animal shelter supervisor who shall be a permanent member of the board. Except for the animal shelter supervisor, no board member shall serve for more than three consecutive terms or six consecutive years(whichever is less); provided, however,that should a board member's replacement not be qualified upon the expiration of any term of a board member,then that board member shall holdover on the board until a qualified replacement board member has been appointed. In addition to board members, the city manager may appoint a staff designee as an ex officio member of the board,who shall have no right to vote on any matter before the board. Each board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the city council. (Ord. No.2003-11, §4, 6-10-2003; Ord. No. 2006-07, §2, 1-24-2006; Ord. No.2015-37, § 2, 11-10-2015) Sec. 18-124.-Meetings. The board shall meet at least three times per year and any additional meetings as may be called from time to time.Special meetings may be called by the chair or by written request sent to the chair or vice-chair by two members of the board. (Ord. No.2003-11, § 5, 6-10-2003) Sec. 18-125.-Vacancies. When vacancies occur on the board,the city council shall appoint, by majority vote,a replacement to serve the remainder of the term. (Ord. No.2003-11, § 6, 6-10-2003) Sec. 18-126.-Removal. Each board member serves at the pleasure of the city council and may be removed at the discretion of the city council. Board member absences shall be controlled by article VIII of the Charter. (Ord. No.2003-11, §7, 6-10-2003) Sec. 18-127.-Quorum;voting. Three board members shall constitute a quorum of the board for the purpose of conducting its business, exercising its powers and for all other purposes. No action of the board shall be valid or binding unless adopted by the affirmative vote of a majority of those board members present and voting. (Ord. No.2003-11, § 8, 6-10-2003) 15/16 10/1/2018 Wylie,TX Code of Ordinances Sec. 18-128.-Powers and duties. (a) The board shall act in an advisory capacity to the city staff and the city council in any matter pertaining to compliance with V.T.C.A., Health and Safety Code§823.001 et seq. (b) The board,through its chairperson, shall report to the city council concerning its activities and proposals by submitting to the city council the approved minutes of each meeting of the board and copies of all reports of inspections conducted by the department of state health services,veterinarians or other authorities and all statistical reports of shelter operations considered and approved by the board. (c) The board's authority shall not extend to the direction, supervision, employment or termination of the city employees. No supervisory power of the board is created. (d) The board will develop for city council approval a set of by-laws governing rules of procedure for their meetings and operation. (e) The board shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of the city. (f) All powers and duties prescribed and delegated herein are delegated to the board,as a unit,and all action hereunder shall be of the board acting as a whole. No action of an individual board member is authorized, except through the approval of the board or city council.The board shall have any other power and/or duty as prescribed and authorized by the city council. (Ord. No.2003-11, § 9, 6-10-2003; Ord. No. 2015-37, §2, 11-10-2015) 16/16 Wylie CityCouncil rE Y AGENDA REPORT Meeting Date: October 2, 2018 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: October 9, 2018 Budgeted Amount: N/A Exhibits: Lease Agreement Subject Consider, and act upon, Resolution No. 2018-35(R) authorizing the City Manager to execute a Tower Site Lease Agreement between the City of Wylie and T-Mobile West LLC. Recommendation Motion to approve Resolution No. 2018-35(R) authorizing the City Manager execute a Tower Site Lease Agreement between the City of Wylie and T-Mobile West LLC. Discussion Earlier this year, T-Mobile approached the City about locating facilities on the Decker Court Elevated Storage Tank. Since that time they have met with staff to identify an area for the ground equipment as well as performed structural analysis on the tank for the equipment attachment. See Exhibit 'C' for the facilities to be located on the tank pedestal and the site. Key points of the lease are as follows: - 5-year term with one additional 5-year extension option. - $25,000 annual rent increasing 3% annually for each year of the initial term and extension teim. - Tenant pays any necessary utility charges. - City will grant temporary easement for access. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2018-35(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE TOWER SITE LEASE AGREEMENT WITH T-MOBILE WEST LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, a Tower Site Lease Agreement with T-Mobile West LLC. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of October, 2018. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No 2018-35(R) Tower Site lease agreement with T-Mobile 1 EXHTBIT "A" Tower Site Lease Agreement Resolution No.2018-35(R) Tower Site lease agreement with T-Mobile 2 T-Mobile Site No.DA01660A TOWER SITE LEASE AGREEMENT THIS TOWER SITE LEASE AGREEMENT ("Lease") is entered into this day of , 2018 ("Execution Date") between the City of Wylie, Texas, a home- rule municipality ("Landlord"), and T-Mobile West LLC, a Delaware limited liability company("Tenant"). The Landlord and Tenant are at times individually and collectively referred to herein as "Party" or"Parties". 1. Premises. (a) Subject to the following terms and conditions, Landlord leases to Tenant a portion of the real property ("Property") described in Exhibit "A", attached hereto and incorporated herein for all purposes. Tenant's use of the Property shall be limited to that portion of the Property, together with temporary easements for access and utilities, described and depicted in the site plan, attached hereto as Exhibit "B" and incorporated herein for all purposes (collectively, "Premises"). (b) The Premises, Decker Court Elevated Tank, is located at 26 Decker Court, Wylie, Texas 75098, also known as Lot 4,Block A,in the final plat of Steel Industrial Park Addition, William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. 2. Term. The initial term ("Initial Term") of this Lease shall be five (5) years, commencing on the day Tenant notifies Landlord of Tenant's receipt of all applicable Government Approvals as defined below in Paragraph 3 ("Commencement Date") and teilninating at Midnight on the last day of the sixtieth (60th) full month following the Commencement Date. Tenant shall have the option to renew the Lease for one additional five (5) year term ("Extension Term(s)") upon the same terns and conditions hereof. Tenant must notify Landlord in writing of Tenant's intent to renew the Lease at least ninety (90) days prior to the expiration of the Initial Teim. Tenant may request additional extension terms and Landlord will place Tenant's request to renew the Lease on the next available City Council agenda for consideration and possible action. Notwithstanding anything to the contrary Landlord shall have the right after the Initial Term to terminate this Lease upon thirty days' notice if Landlord receives an order from the FCC or other agency that the Tenant's Equipment or its presence pose a health or safety danger and Tenant failed to correct such failure. 3.Permitted Use. (a)The Premises may be used by Tenant only for peluiitted uses, which are (i) the transmission and reception of communications signals; (ii) the construction, alteration, maintenance, repair, replacement and relocation of related facilities, antennas and equipment as defined in Paragraph 8 below; and (iii) activities related to any of the foregoing. (b) Tenant shall obtain (prior to or no later than one hundred eighty (180) days following the Commencement Date) at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities ("Governmental Approvals"). If, for any reason, Tenant does not receive the Governmental Approvals described herein, this Lease shall terminate immediately with no further notice and/or action of Landlord. Tenant shall only be able to use the Premises in a manner consistent with the Governmental Approvals. SITE LEASE AGREEMENT Page 1 of 41 T-Mobile Site No.DA01660A 4. Rent. (a) On the Commencement Date and on each anniversary of the Commencement Date until the expiration of this Lease, Tenant shall pay Landlord the sum of Twenty-Five Thousand and No/100 Dollars ($25,000.00) per year for the Communication Facilities("Rent")at Landlord's address specified in Paragraph 14 below. The amount of the Rent shall automatically increase by three percent (3%) annually for each year of the Initial Term and each Extension Term. (b)If this Lease is terminated at a time other than on the day before the anniversary of the Commencement Date, Rent shall be prorated as of the date of termination for any reason other than a default by Tenant. (c) The Rent identified above is based upon the Communications Facilities identified in and allowed by this Lease. In the event Lessee requests additional Communications Facilities, and in its sole discretion Landlord approves the request, the Rent shall be modified to reflect the additional Communications Facilities. 5. Holdover Rent. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease, except as to Rent, which shall increase by one hundred fifty percent(150%) over the most recent Term's monthly Rent. 6. Extended Term Rent. Intentionally deleted. 7. Radio Frequency Interference ("RFI"). (a) Tenant shall not use the Premises in any way that cause RFI with the use of the Property by Landlord, or existing tenants or licensees of Landlord, with rights to the Property prior in time to Tenant's, including but not limited to the Landlord's Dispatch Center (subject to Tenant's rights under this Lease, including non-RFI). In the event the Tenant's equipment causes RFI, and after Landlord has notified Tenant of such RFI, the Tenant will take all steps necessary to correct and eliminate the RFI within forty-eight (48) hours. To the extent Tenant is unable to cure the RFI within this timeframe, Tenant shall power down the equipment causing the RFI except for intermittent testing until such time as the RFI is remedied; provided, however, such inteiuiittent testing may not unreasonably cause RFI with Landlord's, or existing tenant's or licensees of Landlord with rights to the Property prior in time to Tenant's, use of the Property. If Tenant is unable to completely cure the RFI within thirty(30)days of receiving notice from the Landlord as set forth above, Tenant shall remove the equipment which caused the RFI, or at its option, terminate this Lease. (b) In the event that Landlord's or any other tenant's (identified under a lease established after the date of this Lease)equipment causes RFI,and after Tenant has notified Landlord of such RFI, Landlord or any other existing tenant(as previously identified)will take all steps necessary to correct and eliminate the RFI within forty-eight (48) hours. To the extent Landlord or Landlord's other existing tenant is unable to cure the RFI within this timeframe, Landlord or any other tenant shall power down the equipment causing the RFI SITE LEASE AGREEMENT Page 2 of 41 T-Mobile Site No.DA01660A except for intermittent testing until such time as the RFI is remedied; provided, however, such intermittent testing may not unreasonably interfere with Tenant's use of the Property. If Landlord, or any other existing tenant described above, is unable to cure the RFI within thirty (30) days of receiving notice from the Tenant as set forth above, Landlord, or the subject Tenant, will remove the equipment which caused the RFI, or at Landlord's option, terminate this Lease. (c) The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this Paragraph 7 and therefore, either Party shall have the right to specifically enforce the provisions of this Paragraph in a court of competent jurisdiction. Landlord makes no warranty or representation, express or implied, that the airspace used by Tenant will be free of electronic or other RFI. 8.Improvements: Utilities: Access. (a)Tenant shall have the right, at its expense, to erect and maintain on the Premises the following improvements, personal property and facilities as shown on Exhibit "C" (collectively "Communication Facilities"). Prior to installation, construction and/or erection of the Communication Facilities, Tenant must submit for Landlord's approval the following information: (i) document(s) showing the location of all such improvements, including the Communication Facilities; (ii) the construction plans and specifications for the Communication Facilities to Landlord for Landlord's approval, which approval shall not be unreasonably withheld or delayed; and (iii) a written report prepared by a licensed professional engineer in the state of Texas memorializing the engineer's conclusion, based on his or her structural engineering assessment, that the Premises can support the load of the Communications Facilities. In connection with Tenant's submittal, Tenant and Landlord will conduct a pre-construction meeting to coordinate the installation, erection and construction activities and schedules with regard to the Communication Facilities. With the prior written consent of Landlord, Tenant shall have the right to replace or upgrade the Communication Facilities at any time during the term of this Lease, provided that no additional antennas, radios, cable runs, brackets, or ground space is required. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. The Communication Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Communication Facilities upon the termination of this Lease; provided Tenant returns the Premises to Landlord in the same condition as of the date of this Lease, reasonable wear and tear excepted. (b) Tenant may not add any additional equipment beyond that identified in the Communication Facility without the prior written consent of the Landlord. (c) Tenant shall, at Tenant's expense, keep and maintain the Premises and all buildings and improvements now or hereafter located thereon in good condition and repair during the term of this Lease. Upon termination of this Lease, the Premises shall be returned to Landlord in the same condition as of the date of this Lease, reasonable wear and tear excepted. SITE LEASE AGREEMENT Page 3 of 41 T-Mobile Site No.DAO1660A (d) Tenant shall pay any utility charges due to Tenant's use. Tenant shall not use utilities installed by or for Landlord. Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Premises (including, but not limited to, the installation of emergency power generators), provided, however, that any such utility installation or improvement must be approved,in writing, by Landlord prior to Tenant commencing any such installation or improvement.Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all utilities installed exclusively for Tenant's use. (e) As partial consideration for rent paid under this Lease, Landlord hereby grants Tenant a temporary easement ("Easement") for ingress, egress and access (including access as described in Paragraph 1 above) to the Premises, subject to the limitations set forth in this Lease. Upon notice, Landlord shall have the right to relocate the Easement to Tenant. Any Easement provided hereunder shall terminate immediately upon the termination of this Lease. Tenant, its authorized personnel, and Landlord shall be entitled to twenty-four (24) hour, seven (7) days per week access to the Premises provided that, except for bona fide emergencies,Tenant gives at least twenty-four(24)hour's prior notice to Landlord and complies with Paragraph 8(g). In the event Tenant needs access to the Premises to address a bona fide emergency, Tenant shall contact Landlord's dispatch line immediately after Tenant determines that access to the Premises is necessary. For purposes hereof, authorized personnel shall mean only authorized employees, engineers, technicians, or properly authorized contractors of Tenant or persons under their direct supervision. All access to the Premises by Tenant shall be subject in each instance to the reasonable security requirements and reasonable rules and regulations from time to time in effect at the Property, of which Landlord shall inform Tenant in advance and in writing. (f)The Landlord reserves the right, at any time,to perform any type of maintenance and/or repair on the Property; provided however, except in emergency situations, if any maintenance and/or repair work will substantially affect Tenant's permitted uses of the Premises, Landlord will use its best efforts to provide Tenant with at least sixty (60) days prior written notice of the intended repair and/or maintenance work, along with a schedule showing dates and duration of such repair and/or maintenance work. Landlord shall also provide Tenant with the opportunity, at Tenant's cost and expense, to temporarily relocate and continue to operate its antennas, or otherwise to secure the antennas or the Communication Facilities generally, to protect them from damage. Tenant shall be permitted to install temporary facilities necessary to keep its Communication Facilities operational, subject to Landlord's prior written consent, which consent shall not be unreasonably withheld. Further, any maintenance will be conducted by Landlord as diligently and expeditiously as possible. If any temporary facilities are installed as a result of this Paragraph, Tenant shall remove said temporary facilities immediately upon Landlord's completion of any maintenance and/or repair work. (g) The presence of Landlord's personnel shall be required each time the Tenant requires access to the Premises. Tenant is responsible for contacting Landlord in accordance with Paragraph 8(e)and shall reimburse Landlord at a rate of One Hundred and No/100 Dollars per hour($100.00/hour)per required personnel of Landlord. This rate will SITE LEASE AGREEMENT Page 4 of 41 T-Mobile Site No.DA01660A include one-half('/z) hour call-out time for Landlord's personnel to arrive at the Premises plus time on site plus one-half (V/2) hour return time from the Premises for Landlord's personnel's return to normal duty area. This rate shall increase by three percent (3%) annually for each year of the Initial Term and each Extension Term. 9. Termination. If either Party breaches a provision of this Lease, the non- breaching Party shall give the other Party written notice of the breach. If the breaching Party has not cured the breach within thirty (30) days of such notice ("Cure Period"), except as otherwise provided herein,this Lease may be terminated by non-breaching Party, without any penalty or further liability of the non-breaching Party, as follows: a. Failing to pay Rent when due. b. Failing to pay taxes, assessments, insurance payments or other charges required to be paid by Tenant by this Lease. c. Failing to use, maintain and operate the Premises as this Lease requires. d. Assigning or subletting the Premises without the prior written consent of Landlord, except as permitted by Paragraph 17 herein. e. Committing waste on the Premises. f. Maintaining, committing or permitting the maintenance or commission of a nuisance on the Premises. g. Denying Landlord access to the Premises. h. Using the Premises for any unlawful purpose, whether the purpose is in addition to or in lieu of, the uses specifically permitted by this Lease. i. Failure to comply with the terms and conditions of this Lease within the Cure Period. j. At the time the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. k. If the Tenant elects to terminate for any other reason than provided in this subparagraph, Tenant agrees to pay a fee equal to the balance of the Rent due under Lease for the remainder of the Term year as defined by this Lease. 10. Effect of Termination. No termination of this Lease shall relieve either Party from paying any sum or sums then due and payable under this Lease, or from any claims for damages accruing under this Lease. No termination will prevent either Party from enforcing payment of the sum or sums or claims for damages by any remedy provided by law. The rights and remedies under this Lease are cumulative and non-exclusive, and the Parties may pursue any of those rights and remedies or any other remedies provided by Texas law. 11. Waiver. No waiver by either Party of a breach of any provision of this Lease may be deemed or alleged to be a continuing waiver or a waiver of any other breach, whether the same or of any other covenant, condition or restriction of this Lease. SITE LEASE AGREEMENT Page 5 of 41 T-Mobile Site No.DA01660A 12. Insurance. The Parties hereby waive any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage,regardless of whether or not,or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. Tenant agrees that at its own cost and expense, it will maintain (a) commercial general liability and property liability insurance with liability limits of not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $2,000,000 for damage or destruction to property in any one occurrence, or$2,000,000 combined single coverage for bodily injury and property damage; (b) comprehensive automobile liability insurance of not less than$1,000,000 combined single coverage for bodily injury and property damage; and (c) worker's compensation coverage at limits mandated by the laws of the State of Texas. Tenant will list Landlord as an additional insured on the commercial general liability and automobile polices and all insurance shall be carried with insurance companies authorized to transact business in Texas. Tenant shall provide Landlord with a certificate of insurance and applicable endorsements indicating such coverage prior to beginning any activities under this Lease. The certificate shall include assurance that Landlord shall be notified in writing by the insurance company or agent of any cancellation not less than thirty(30) days prior to the effective date of such cancellation. All insurance shall provide for a waiver of subrogation against Landlord for injuries,including death,property damage or any other loss to the extent the same is covered by the proceeds of insurance. All insurance shall be with companies with a"Best's" Insurance Rating of"A-" or better. 13. Hold Harmless/Release. (A) TENANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS LANDLORD AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF TENANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM TENANT IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS LEASE AND/OR ARISING OUT OF THE CONDUCT OR MANAGEMENT OF TENANT'S BUSINESS ON THE PREMISES OR FROM ITS USE OF THE PREMISES PURSUANT TO THIS LEASE, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE LANDLORD (HEREINAFTER, "CLAIMS"). TENANT IS EXPRESSLY REQUIRED TO DEFEND LANDLORD AGAINST ALL SUCH CLAIMS. SITE LEASE AGREEMENT Page 6 of 41 T-Mobile Site No.DAO1660A (B) LANDLORD SHALL HAVE THE RIGHT TO APPROVE COUNSEL SELECTED BY TENANT BUT SUCH APPROVAL MAY NOT BE UNREASONABLY WITHHELD. LANDLORD RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE AT ITS COST; HOWEVER, LANDLORD IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY LANDLORD IS NOT TO BE CONSTRUED AS A WAIVER OF TENANT'S OBLIGATION TO DEFEND LANDLORD OR AS A WAIVER OF TENANT'S OBLIGATION TO INDEMNIFY LANDLORD PURSUANT TO THIS LEASE. (C) TENANT HEREBY FURTHER RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS, INDEMNIFIES AND AGREES NOT TO SUE LANDLORD, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES (HEREINAFTER, "RELEASEES"), FOR ANY AND ALL RIGHTS AND CLAIMS ARISING FROM ANY AND ALL DAMAGES WHICH MAY BE SUSTAINED BY TENANT, THE COMMUNICATION FACILITIES AND RELATED EQUIPMENT, IN CONNECTION WITH THE USES DESCRIBED HEREIN AND/OR THE PERFORMANCE OF THIS LEASE. THE RELEASE AND WAIVER SHALL BE BINDING ON TENANT,ITS OFFICERS,AGENTS,DIRECTORS AND ASSIGNS. (D) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS LEASE. 14. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following: If to Landlord, to: City of Wylie Attn: City Manager 300 Country Club Drive, Bldg 100 Wylie, Texas 75098 With copy to: Abernathy, Roeder, Boyd & Hullett, P.C. 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 If to Tenant, to: T-Mobile USA, Inc. Attn: Property Management/DA01660A 12920 SE 38th Street Bellevue, WA 98006 15. Title and Authority. Landlord covenants and warrants to Tenant that Landlord has full right, power and authority to execute this Lease; it has good and unencumbered SITE LEASE AGREEMENT Page 7 of 41 T-Mobile Site No.DA01660A title to the Premises free and clear of any liens or mortgages, except those disclosed to Tenant. 16. Environmental Laws. (a) Landlord will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of the Tenant. (b) TENANT SHALL HOLD LANDLORD HARMLESS AND INDEMNIFY THE LANDLORD,IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN PARAGRAPH 13, FROM AND ASSUME ALL DUTIES, RESPONSIBILITY AND LIABILITY AT TENANT'S SOLE COST AND EXPENSE,FOR ALL DUTIES,RESPONSIBILITIES,AND LIABILITY(FOR PAYMENT OF PENALTIES, SANCTIONS, FORFEITURES, LOSSES, COSTS, OR DAMAGES) AND FOR RESPONDING TO ANY ACTION,NOTICE,CLAIM,ORDER,SUMMONS,CITATION,DIRECTIVE, LITIGATION, INVESTIGATION OR PROCEEDING, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN STRICT LIABILITY,WHICH IS IN ANY WAY RELATED TO: A)TENANT'S FAILURE TO COMPLY WITH ANY ENVIRONMENTAL OR INDUSTRIAL HYGIENE LAW, INCLUDING WITHOUT LIMITATION ANY REGULATIONS, GUIDELINES, STANDARDS, OR POLICIES OF ANY GOVERNMENTAL AUTHORITIES REGULATING OR IMPOSING STANDARDS OF LIABILITY OR STANDARDS OF CONDUCT WITH REGARD TO ANY ENVIRONMENTAL OR INDUSTRIAL HYGIENE CONCERNS OR CONDITIONS AS MAY NOW OR AT ANY TIME HEREAFTER BE IN EFFECT, UNLESS SUCH COMPLIANCE RESULTS FROM CONDITIONS CAUSED BY THE LANDLORD OR THIRD PARTIES THAT TENANT IS NOT RESPONSIBLE FOR; AND B) ANY ENVIRONMENTAL OR INDUSTRIAL HYGIENE CONDITIONS ARISING OUT OF OR IN ANY WAY RELATED TO THE CONDITION OF THE PROPERTY OR ACTIVITIES CONDUCTED THEREON,IF CAUSED BY OR EXACERBATED BY TENANT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS LEASE. 17.Assignment and Subleasing. (a) Tenant may assign or sublease this Lease, in whole or in part, without Landlord's consent, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity that acquires all or substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. Tenant may not otherwise assign or sublease this Lease without the prior written approval of Landlord,which approval shall not be unreasonably withheld. (b) Additionally,Tenant may,with the prior written consent of Landlord,mortgage or grant a security interest in this Lease and the Communication Facilities. 18. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the Parties hereto and their respective officers, directors, partners, employees, SITE LEASE AGREEMENT Page 8 of 41 T-Mobile Site No.DA01660A representatives, agents,vendors, grantees, and/or trustees,heirs, executors, administrators, legal representatives, successors and assigns, as authorized herein. 19. Miscellaneous. (a) This Lease constitutes the entire agreement and understanding of the Parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind that are not set forth herein. Any amendments to this Lease must be in writing and executed by both Parties. (b) If either Party is represented by a real estate broker in this transaction,that Party shall be fully responsible for any fee due such broker and shall hold the other Party harmless from any claims for commission by such broker. (c) This Lease shall be construed in accordance with the laws of the State of Texas. Exclusive venue shall be in Collin County, Texas. (d) This Lease may be executed in duplicate originals. A facsimile signature will also be deemed to constitute an original if properly executed. (e) Notwithstanding anything herein to the contrary, neither Landlord nor Tenant shall be liable for the failure to perform its respective duties under this Lease if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, accident, act of God,or other similar or different contingency beyond the reasonable control of Landlord or Tenant. (f) The Parties agree that Landlord has not waived its sovereign immunity by entering into and performing its obligations under this Lease. (g) Tenant will maintain its equipment in compliance with FCC guidelines. Landlord agrees to, if required by the FCC, allow the Tenant to post warning signs as required by law and in accordance with the City of Wylie Ordinance No. 2014-44, as it exists or may be amended, for the purpose of complying with FCC guidelines. (h) All warranties, representations and covenants made by Tenant in this Lease or in any certificate or other instrument delivered by Tenant to Landlord under this Lease shall be considered to have been relied upon by Landlord and will survive the satisfaction of any fees under this Lease, regardless of any investigation made by Landlord or on Landlord's behalf. (i) This Lease is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. (j) The individuals executing this Lease on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Lease to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required to execute this Lease in order for the same to be an authorized and binding SITE LEASE AGREEMENT Page 9 of 41 T-Mobile Site No.DA01660A agreement on the Party for whom the individual is signing this Lease and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (k) In case one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Lease shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (1) Each signatory represents this Lease has been read by the Party for which this Lease is executed and that such Party has had an opportunity to confer with its counsel. (m) Nothing in this Lease shall be construed to create any right in any third party not a signatory to this Lease, and the Parties do not intend to create any third party beneficiaries by entering into this Lease. (n) The Parties agree that the Indemnity provisions set forth in Paragraphs 13 and 16 herein are conspicuous, and the Parties have read and understood the same. (o) All construction described herein shall be subject to and in compliance with all ordinances of Landlord, whether now or existing, hereafter amended or in the future arising. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Owner to City. (p)In any legal proceeding brought to enforce the terms of this Lease,the prevailing Party may recover its reasonable and necessary attorney's fees from the non-prevailing Party as permitted by Section 271.153 of the Texas Local Government Code, as it exists or may be amended. (q) This Lease shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Lease are for the convenience of the Parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, said Parties have caused this Lease to be duly executed as of the Execution Date. LANDLORD: CITY OF WYLIE, TEXAS a Texas municipal corporation By: Mindy Manson, City Manager SITE LEASE AGREEMENT Page 10 of 41 T-Mobile Site No.DA01660A Date: TENANT: T-Mobile West LLC a Delaware Limited Liability Company By: Name, Title Date: SITE LEASE AGREEMENT Page 11 of 41 T-Mobile Site No.DA01660A EXHIBIT "A" Description and Depiction of Property [1 pages attached] SITE LEASE AGREEMENT Page 12 of 41 H 1.4 riiJv o CD i � Y"Ct°F CJ] oh _ N �I 4 ,:- P 6.n CD� ro J W G ox ° 9 r w. w a 4�.Vp ca 0 �b.asa ev w e,.ar,w= „� 6� w..;N�.v Fri r tiaraDsu:.,. ran /r ww t I rvoz m Nr m:v o a tea x,�n 'wru P x, _ xo o,„o FP ox ve e _ r wr n,,ar. [o- xsavnuw�s oua., - sa >h CT xy -� a iv uz:c t t wa, r a O� Fit K ...Jr, a e sa r 4 C ril 'p 3-4.- I.i 4 W SOMT 6(,,, fl iaitfb MPR.5,3 Rle ry -1. S 3N l—� L Et r N p 8 i�I k 4 N: 1 Ik rvc F. J // { Vl 53 ON B.fell? d "' a.� - ✓ xaa a e its x a a D —r x awmza ry,53� �` / , 1 / ' i i , { t A- I ,.... ...• , A. ? . /// y I C. .^ 1 V m5,T a ., '"`>. ''q ? i .r way T o 100 g=z Ea r radrr s s T-Mobile Site No.DA01660A EXHIBIT "B" Site Plan [1 pages attached] SITE LEASE AGREEMENT Page 14 of 41 T-Mobile Site No.DA01660A f s 14 I i y s g a I it 1 �.a= t to ,t'©t ,,I, r -© _—Y'o 1 9 0 4 ', i Z. ;:,1: /2 y: 2 £ L ruNPP.!LN. NI,.9v SM F „�>v EPB 71 6AOlbfs�q m CHFr�nr Eag Aowmvm BY [aa .T...1\40bil =y a ,D DA9,8RDA I 'E,a DECKER CT UVT igiF SRrvG8 REF DESCRIPTICEd DATE 7,,t;'WREN PAPiT,RI k£D REV 0 PRELIM C09 97/3Df16 y $4 ° ` a11LN%;KLSS FRISCO Ti 77P9d "'Itil . .{CDUMTa,PLACE DpGLE 'CD REV D FlNAL..CDS 99j1Tf18 4 r, ''*u,77+rv"p� CC . PALW9RTWINGTON GARDENS. 24 DECKER CT. TExAS 76018 IV WYLIE,TX 75048 SITE LEASE AGREEMENT Page 15 of 41 T-Mobile Site No.DA01660A EXHIBIT "C" Depiction/Description of Communication Facilities 124 pages attached] SITE LEASE AGREEMENT Page 16 of 41 APPROVED FOR CONSTRUCTION GENERAL NOTES • w s 1- ALL AAT.IIND FURNISHED ANC INSTALLED SHA L SE IN sTRCT ACCORDANCE WIN i PROPERTY OWNER OR REP- RP T ''m 6 ALL APPLICABLE COa6,R€GUu11CNs,AND OAGINANC€S. SUBCDMiRACTORS SHNL ■ ■ ■ ■ � M . i�� i ISSUE ALL APPROPRIATE NOTICES AND COMPLY WITH ALL LAWS ORDINANCES,BULKS, 1 REGUTATIOFS,AND LAWFUL ORDERS or ANY PUBLIC MINORITY REGARDING THE le . LAND USE PLANNER NETNMN PLRFCRMANCE OF FLIE NH ALLC WORN- 8 2 All WORK CARRI@ OUTIISHALL COMPLY WN ANPQCA NNW.AND UPUT` T-MOBILE B,ICKNAUL 3 CCM..SPECIFICATIONS AND LOCAL JURISDICTIONAL COPES,0.ORDINANCES ANTI x APPLICABLE RfCUTATION3 if ' ■ @ CA 3. UNLESS NOTED I000 AISE,'DIE WORK SHALL INCLUDE FURNISHING MATERIALS, ■ 'OPERATIONS CONSTRICTION LOWER - n " EQUIPMENT.APPURTENANCES,.AND IE 000 NECESSARY TO COMPLETE ALL 111 CA NSTALATONS AS OR SHALL ON THE DRAWINGS- IN A. THE$DNCONRAOTDN SHA L INSTALL.ui EODIPME.AND MATFNWS IN...ma SHEET INDEX X W.MANUFACTURER*REL`OMM0VDATIWR UNLESS SPECIFICALLY STATED OTHERWISE. SITE NAME: T-R TIRE SOLES °� 1 8 8 S iF THE 0IIILT EP IHILL CAHNOf BE IN6fA im AS SnOWN ON THESE PRAWN., TN€LlOCTRRALTOR 4V PROS.AN ALTERNATI.E INSTALLATION SPADE FOR N-1 GENERAL NOTES APPROVAL BY THE(riDINCIOK. DECKER CT WT N-2 GENERAL NOTES R. THE SUBCONTRACTOR SHALL LEGALLY AND PROPERLY OAPOEE CE ALL SCRAP N-3 GENERAL NOTES MATEMIS SUCH AS WAAW_CABLES AND OTHER ITEMS REOACV@ FROM THE EXISTING N-4 GENERAL NOTES FACIE, ANTENNAS REACTED SHA L RE RETURNED TO THE OWNER'S DESKNIATED �o LOCATION- C-T OVERALL SITE PLAN �m T,THE SUBLANTRAOTOR SHALL LEAVE PREMISES IH GLEAN CO0 , C-2 ENLARGED SITE PLAN l.m B. SUBCONTRACTOR 9L SER ALL EMOTING DIMENSIONS AND0 CONDITIONS PRIOR TO SITE NUMBER: C-3 ELEVATOR Al ANTENNA LAYOUT w ri CONN€NOING ANY WORK, All GLENSIDN9 OF'scram RSEI CCNOTRUTGCN 9NORN ON ^1, ^E�{ A'1 C-4 REDS 0.m a5N THE ORDI NG MUST W VERIFESA SUBCONTRACTOR BHAL NOTIFY THE GONTTQ,CTOR DA V 1 6 V 6YA C-5 RIDS OE ANY DISCREPANCIES PRIOR TO ORDERING MATERIAL CR PROCEEDING WITH CO 54001 OH C-5 PLUMBING DIAGRAM 4 PU SAFETY S. ALL Y PRECAUTIONS MUST BE TAKEN WHEN WORDNO AROUND HIGH LTYELS C-T POLE MOUNTING DETAIL HI CANINET GONPHGURATIQN OF ELECTRGNAG*IC WARM RU EQUIPMENT SHOVED LE STDOWN PRIOR C-5 CONCRETE PAD DETAILS 0 .§E PERFORMING MY WORK THAT COULD EXPOSE THE WCRKETS TO LIMO. PE0SON& C-9 SSC CABINET Al EXPOSURE MONITORS ARE ADDSFD TO BE WORN TO ALERT OF ANY DANGEROUS o EXPOSURE LEVELS. SITE ADDRESS: C-11 EQUIPMENT SPECIFICATINS IA GENERAL CONTRACT.TO RESTORE SITE INCLIMIC RWAR OF!RPM..SYSTEM.TUNG CC-11 CONSEQUIPMENT ONENTRY DE SPECIFICATIONS m OF RUTS*DI WPCRNED TCP=IL.?LAMS AND ROWHG SCUD SOO AND COMPLETING 24 DECKER COURT E-12 ELECTRICAL SITE PLAN DETAILS A WALK THROUGH NTH THE CITY. E-2 ELECTRICAL RISER DIAGRAM T�,FfLIE 75098 E-3 GROUNDING SITE PLAN EPA AS50C€ALES,tNC. I�I�''' 3 TX 4 E-5 GROUNDING DETAILS E5 GROUNDING QUAILS TI N.A.141.FM MP lAl.t.PLC EN DRIVING DIRECTIONS BUILDING CODES ma W a., TROD T-MOBILE'S OFFICE IN FRISO0,HEAD NEST 1XN WARREN PM?TOWARD RIFLE OAP 00. -INTERNATIONAL BUILDING CODE,CURRENT EARION AS ADOPTED BY LOCAL JURISDICTION, 0 USE THE LEFT 2 LANES TO TORN LEFT ONTO DALLAS TRW TAKE THE RASP ONTO DALLAS W NORTH TCLLWAY S ANC MERGE TAKE THE EMT EXNED PRESIDENT CEORGE RUSH TURNPIKE E -NATIONAL ELECTRICAL CODE,CURRENT EDITION AS ADOPTED BY LOCAL JURTSOOCION. r AND KEEP LEFT T STAY ON IT,TAKE THE RENNER RD EXIT.MERGE UNTO TX-TOG,USE THE FINAL CONFIGURATION IA) Yy LEFT 2 LANES TO TURN LEFT ONTO E RENNER RD,USE THE LEFT 2 LANES TO=RN LEFT -INTERNATIONAL MECHANICAL CODE CURRENT EDITION AS ADOPTED BY LOCAL A IISITICTICN. -T-MOPII.E IS PROPOSING TO AEU(9)PANELS.(TO RNUG(6)DIPLIDAT ^4 ONTO MURPHY RN,TURN RIGHT ONTO E FARM TO MARKET RD 541,TURN RISRT ONTO (3)COOP,{3T HYBRID , (B)PIPE B00111 PET ADD ITL S ANT CONCRETE PAD III 1 REGENCY OR,TURN LEFT ONTO STEEL RO,TURN LEFT ONTO DECKER CT,CESTINAIO N WILL BE -INTERNAPON0.L ENERGY CONSERVATION CODE,CURRENT EDITED AS ADOPT@ SY LOCAL.JURISDICTION0 ON THE RTGNT_ - _(WTI A AIRSCALE,CSC,I�FRANP MAIN 4 TELCD {91 COW) > K P. 0 ENLARGED VICINITY MAP VICINITY MAP a PROJECT SUMMARY CONTRACTORS .1: SITE TYPE DESIGNER 4, - EX1S11NG WATER TOWER MOANS SERVICES F.WITH EXISTING RELATED UNMANNED 4 COUNTRY PLACE CIRCLE ■ r. - q: COMMUNICATION EQUIPMENT DALWORTHINGTON GARDENS,TX TBOIS I§ 3 AT THE BASE OF WATER BOWER PH'(517)34M-3449 SITE INFORMATION ENGINEER LL-- i-tNit ® LATITUOG 39 O5B'OA BS"(35.00G65T50O 52,MTOCOJTgp..SUE1E OTT (5 01 .tr.TY'-...,:t .'ELT - -L p LONGITUDE: /CO 3A83A 55.]Bl(-96.58215200) 'C .. �^ JNRISOO110N;COUNTY 9F MEN DALLAS.TX 75244 f I- {,a� ,. 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SITE LEASE AGREEMENT Page 28 of 41 T-Mobile Site No.DA01660A ry s F m l al r 0 - r — - al V - r alri E�,, EMPTY urs ©zaK EMPTY 9 EMPTY Oy � a EMPTY A�z EMPTY v EMPTY za A ct EMPTY EMPTY K' EMPTY rt EMPTY ..,v EMPTY .T EMPTY Q---,,3 3 y 3 2 m ' o e E, O C a o A m a o � a � > -a C A a rn 9m Cy EMPTY m mCy.... EMPTY 2 EMPTY 0 mCy EMPTY 1 EMPTY. cmio EMPTY... .Y EMPTYEl T p;25 n' EMPTY... "I EMPTY.... A 0Q EMPTY... C EMPTY.... a ^yAy gg D 9 p il Z ,1 J3 ^- . DD D ti i M A D h b N p F.Ul N �Zj ,c m,. IA S 2 In I£v Q z a a a g a A cg: M EMPTY w C C> EMPTY m EMPTY m => EMPTY m EMPTY i EMPTY 2 Il M20 1 n 4 Yam... -imi .m a5,26 < a. �«@ EMPTY V EMPTY �.. ~�Lry4 EMPTY d EMPTY 2 ' t9.CJ EMPTY a ..EMPTY A a v I m m m m m trawata ,. MxyyAl nv SN FIFS%', .°. EP9 DAd16CdlA O, 4! :{�,'zy:nny_EPB v2pv�.Pa fP9 g T .T M b*1 �� B %N M A PhP1$9dA . .."..e MI 4, r` `yA4,-T DECKER CT WA 111 a z: 0 NE v OMR�P riLA*1 PATE F u ieSatdM1RPvENP9WNCUtl 555 PC17 REV A PRELIM CAS ?/3©f1B _g n AR -: >I11..1.3.1 FRI'' 7M 7iP�a °`s'�.3 . 4 ECEMTfY PLA RRG4E EE.`b REV G PPAL:CGS S/17/19 °..'«a. ' QALAT IIAGTON GARDENS ' � 2�DEC E1z CT. TEXAS Jsp1E `,= WYLIE,7{750198 " SITE LEASE AGREEMENT Page 29 of 41 REINFORCED CONCRETE ROPE 1 ALL CONCRETE WORK SHAD.BE IS ACCORDANCE Will THE AG SPEDIFICATOS FOR THE DESIGN AND CONSTRUCTION O'"CAST-IN-PLACE CONCRETE.AND*ERE CODES CONFLICT THE NENE STAINCENT NATIONAL OR LOCAL CODE SHALL GOVERN m 5 2. SIIECAST CONCRETE FOR SLABS AND POST FOOTING SHALL RAVE A MINPMUM COMPRESH1E STRENGTH EF30mD PS€AT 28 DAYS. g `�' CONCRETE TESTING IS NOT 402014€D FOR STABS AND POST FOOTINGS UNLESS NOTED OTHERWISE d E!'^ w j ¢ E, S GMP 4`MIN/B'MAX 4 O CLASS OF CONCRETE 0 > CLASS 28 PAYS OR MAXWAIER/CELENT RA110 PLACEMENT LOCATION NOTES u g. TYPE 1 BOOB T'SI 0.55 OAH,.Se POST FOOTING NORMAL YIEIGNT TYPE 111* 5000 PS 0.4S SAE&POST FOOTING LECH EARLY STS. ua gl OF REQUIRED BY THE CC/INSTRUCTION SCHEDULE THE CONTRACTOR MAY SUBSTTITE DUPE 111 NPGH EARLY.STRENGTH CONCRETE WITH 1/1® ea ,, TINE APPROVAL OF THE CONSTRUCTION MANAGER. - 1o'n° I REINFORCED STEEL SHALL&INFORM TO ASA A GAS,GRADE NCI DEFORMED UNLESS NOTED OTHQRiISE WELDED ARE FABRIC;SHALL f y. r re Ll o. CONFORM TO ABTM 0.185 NE1M£O STEEL WIRE FABRIC UNLESS OTHE814 NOTED SPLICES FOR REBAR SHALL.BE CLASS'B.:ANC ALL < CIO HOOKS SMALL BE STANDARDS;ONO.LAPS FOR WELDED WIRE FABRIC SHALL BE AT LEAST A INCHES,UNO, C].. ?i.g 4 THE FOLLOWING MINIMUM CONCRETE COVER SHALL BE FRONDED FOR REINFC0OING STEEL UNLESS SHOWY OTHERWISE ON DRAWINGS OC CONCRETE CAST AGAINST EARTH.. . .............3' m: CONCRETE EXPDgO TO EARTH OR WATER #5 AND LARGER ..2" AND SO ER& w9 EPf3 ASSOCIATES,INC v 65 ........ .,.,....... i-1/2 , s en D. IN orwNmn> m I 5. MA%IMOM COURSE AGGREGATE SIZE SHALL BE 3j4" mA P v I. . H B. INSTALLATION OF CONCRETE ANGHPRS SHALL.BE IN ACCORDANCE WITH THE MANUFACTURERS WRITTEN SPECIHCAPON.THE.ANCHOR OM Am-IRA BOLT,BOWEL,CR ROB SHALL CONFORM TO THE ANCHOR MANUFACTURER'S SPECIFICATIONS FOR MATERIAL STRENGTH,EMBEDMENT LEAH, Amw SPACING,AND EDGE DISTANCE OR A5 DETAILED ON THE 0RAYINGS NO REBAR SHALL 8E CUT WITHOUT PRIOR ENCINEEIRING APPROVAL. 0 WHEN URILt3N0 HOLES IN CONCRETE ExPANSION BOLTS SHALL BE PRODDED BY RAMSETJREDREAO,HILT.OR APPROVED EQUAL IF THE e O MANUFACTURER'S SPECICIRC000NS AND DETAILS ARE FOUND TO CONFLICT WTH THAT&IOWAf HEREIN,THE ENGINEER STALL NE NOTROD IMMEDIATELY. r .. M % Cl.• 7. THE CONTRACTOR&HALL VERIFY FROST LINE AND FOOTING DEPTH REALIREMENTS WITH THE JURISDICTION HAYING AUTHORITY PRIOR TO & CONSTRNCPON AND CONSULT THE ENGINEER ACCORDINGLY. s..� 0 4 0 S. TW CONTRACTOR SHALL VERIFY ALL ELECTRICAL CONDUIT SIZES ANO PENIETRATOI LOCATIONS PRIOR TO POURING THE SLAB... v' n..0 co B. SOIL SHALL HA*MINIMUM LOUD PS.ALLOWABLE REARING CAPACITY. E al 3 ■ al,411 CMPACT, , 16...,V!.. 3UO. e la JiS 1 .H �+P?C T ;L1 A J ! g 16 9�; [ T S 7O Z O C1 0 70 s it r 1 ,- 44 Q R P ~tin r:i err.r•' S t ¢k. s 0 .21, %, 44 1' CONCRETgqE, SLAB( i s G4 TES DETAILS S. Ng, L N armF.NOT TQSGALE '.. 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TYPICALN GROUND BAR COAX CABLE d ELD TYPES f CONNECTIONS DETAIL 0 GROUNDING DETAIL BURNDY DETAILS cRou"I>irAr: E-6 W €rAi sa ti SCALE N T.3 SCALE N.T.3 SCALE:N.SS . SCALE,N F5: . r_, E. 0-4 o T-Mobile Site No.DA01660A SITE LEASE AGREEMENT Page 41 of 41 Wylie City Council AGENDA REPORT Meeting Date: 10/9/18 Item Number: 4 Department: Public Works (City Secretary's Use Only) Prepared By: Glenna Hayes Account Code: 447-5447-58570 Date Prepared: 9/28/18 Budgeted Amount: $10,042,500.00 Exhibits: Subject Consider, and act upon, the award of a professional services project order (PSPO) #W2019-8-E for engineering and design services for the FM 544 (Stone Road Phase 3) from north of Alfred Drive to Vinson Road to Freese & Nichols, Inc. in the amount of$991,500.00 and authorizing the City Manager to execute any necessary documents. Recommendation Motion to award a professional services project order (PSPO) #W2019-8-E for engineering and design services for the FM 544 (Stone Road Phase 3) from north of Alfred Drive to Vinson Road to Freese & Nichols, Inc. in the amount of $991,500.00 and authorizing the City Manager to execute any necessary documents. Discussion This PSPO is for the design of FM 544 from a 2-lane asphalt road to a 4-lane divided concrete roadway section with 5 foot sidewalks and an underground drainage system. The limits of the project are from the existing 4-lane pavement section near Alfred Drive at the north, to the intersection with Vinson Road and County Line Road at the south. The project will include an evaluation of a roundabout option for the intersection of Vinson Rd and County Line Rd and if feasible, include a Work Session presentation to City Council about roundabouts. Collin County is co-funding 50% of the projected project maximum cost of$10,042,500.00 through an interlocal agreement signed 10/15/2008 (Court Order No. 2008-862-10-14). Summary of Fees Basic Services $619,400.00 Special Services $372,300.00 Total $991,700.00 Basic Services includes roadway design plans, specifications, bidding phase services, and construction phase services. Special Services includes a geotechnical report, right of way services, subsurface utility engineering services, TDLR permitting, environmental permitting, water, and wastewater design. Wastewater design will include the lowering of four force main crossings and approximately 1.4 miles of force main parallel to FM 544. The water design will include the lowering/relocating approximately 1.4 miles of water main parallel to FM 544. This PSPO is issued under Master Agreement for Professional and Engineering Services (MAPES) #W2017-76-A-G. Staff has determined Freese and Nichols Inc. to be the most qualified firm from Category G (New Roadways) for this project in accordance with Government Code 2254. Page 1 of 1